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HomeMy WebLinkAboutMinutes City Council - 11/09/2010PRESENT Mayor Joe Adame Mayor Pro Tem Mark Scott Council Members: Brent Chesney Larry Elizondo , Sr. Kevin Kieschnick Priscilla Leal John Marez* Nelda Martinez ABSENT Chris Adler *Arrived at 12:29 p.m. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 9, 2010 - 12:00 p.m. City Staff: City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Greg Blankenship with Real Life Fellowship and the Pledge of Allegiance to the United States flag was led by Council Member Chesney. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the regular Council meeting of October 26, 2010. A motion was made and passed to approve the minutes as presented. ************ Mayor Adame referred to Item 2 and the following board appointments were made: Advisory Committee on Community Pride Stacy Richards (Reappointed) Ryan Ridlehuber (Reappointed) Philip John Ramirez (Reappointed) Ryan R. Griffith (Reappointed) Gary Brandon Cunningham (Appointed) Library Board Michael Flores (Reappointed) Dr. Stuart Elovitz (Reappointed) Natalie Rogan (Reappointed) Ella Wall Prichard (Appointed) Citizens Advisory Health Board Annie Galvan (Appointed) Landmark Commission Kim Charba (Reappointed) Susie Rucker (Reappointed) Anthony Gavlik (Appointed) Karen Howden (Appointed) John M. Olson (Appointed) Senior Companion Program Advisory Cmte. Shirley A. Selz (Appointed) INDEXED Minutes — Regular Council Meeting November 9, 2010 — Page 2 Mayor Adame called for consideration of the consent agenda (Items 3 - 10). There were no comments from the public. Council members requested that Items 5 and 8 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2010-265 Motion approving the purchase of one (1) Series IV tractor -loader -backhoe from Doggett Heavy Machinery Services, Ltd., of Corpus Christi, Texas based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, in the amount of $69,779.96. This unit is a replacement to the fleet. Funding is budgeted and available in the Maintenance Services Fund for FY 2010-11. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Adler and Marezwere absent. 4. MOTION NO. 2010-266 Motion approving the purchase of a wrecker from Grande Truck Center of San Antonio, Texas for the total amount of $61,998. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments (H -GAC). The wrecker will be used by the Police Department and is a replacement to the Fleet. Funds have been budgeted by the Police Department in FY 2010-11. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Adler and Marezwere absent. 6. MOTION NO. 2010-267 Motion authorizing the City Manager or his designee to execute an annual joint funding agreement with the United States Geological Survey (USGS) - U.S. Department of the Interior, to gather and maintain accurate records of all inflows and releases in the reservoir system as per Texas Water Rights Permit No. 3358 and forthe continuation of surface water quality data collection by the USGS. The City will contribute an amount of $162,865 out of a total project cost of $201,460 during the federal fiscal year October 1, 2010 through September 30, 2011. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Adler and Marez were absent. 7 MOTION NO. 2010-268 Motion authorizing the City Manager or his designee to execute a Job Order Contract with BarCom Commercial, Inc. of Corpus Christi, Texas in the amount of $60,932.64 forthe J.C. Elliott Transfer Station Tipping Floor Repairs No. 2 Project. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Adler and Marezwere absent. 9. MOTION NO. 2010-269 Motion approving the application from the Ascension Group, to temporarily close northbound and southbound Shoreline Boulevard between Starr Street and Lawrence Street forthe 29th Annual Harbor Lights Festival and Las Luces del Mar Festival. Street Closure will begin on Minutes — Regular Council Meeting November 9, 2010 Page 3 Friday, December 03, 2010 at 8:00 AM and extend through Saturday, December 04, 2010 at 11:59 PM. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Adler and Marez were absent. 10.a. MOTION NO. 2010-270 Motion to amend prior to second reading, the amended "Ordinance amending Sections 36-8 and 36-10, Code of Ordinances, City of Corpus Christi, to prohibit camping on McGee Beach and the Beach, known as either "Corpus Christi Beach" or "North Beach," located on land leased from the General Land Office, and establishing a curfew on portions of "Corpus Christi Beach" or "North Beach" that are adjacent to residential properties; providing for penalties; for severance; and providing for publication," by substituting a revised ordinance.(First Reading— 10/26/10) The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Adler and Marez were absent. 10.b. ORDINANCE NO. 028830 Amending Sections 36-8 and 36-10, Code of Ordinances, City of Corpus Christi, to prohibit camping on McGee Beach and the Beach, known as either "Corpus Christi Beach" or "North Beach," located on land leased from the General Land Office, modifying the curfew hours applicable to Corpus Christi Beach, Dolphin, and Surfside Parks, and establishing a curfew on portions of "Corpus Christi Beach" or "North Beach" that are adjacent to residential properties; providing for penalties; for severance; and providing for publication. (First Reading — 10/26/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Adler and Marez were absent. 10.c. ORDINANCE NO. 028831 Amending Section 36-8(c), Code of Ordinance, City of Corpus Christi, by deleting paragraph (1), which authorized camping in designated areas of Corpus Christi Beach Park and making a few editorial corrections; providing for penalties; and providing for publication. (First Reading — 10/26/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Adler and Marez were absent. Mayor Adame opened discussion on Item 5 regarding a grant application to the Texas General Land Office for costs associated with preparation of the City's required Erosion Response Plan. Council Member Leal asked why Cole Park was not included in the Erosion Response Plan. Senior Planner Bob Payne explained that the plan only pertains to Gulf beaches. Ms. Leal expressed concern regarding the erosion of areas of Cole Park. Director of Engineering Services Pete Anaya reported that the erosion of Cole Park is being addressed as part of Bond 2008. City Secretary Chapa polled the Council for their votes as follows: Minutes -- Regular Council Meeting November 9, 2010 — Page 4 5. RESOLUTION NO. 028827 Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Genera! Land Office in the amount of $24,149 for costs associated with preparation of the City's required Erosion Response Plan, with a city match of $16,166 in in-kind services, and total project costs of $40,315. The foregoing resolution was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Adler and Marez were absent. Mayor Adame opened discussion on Item 8 regarding the sale of surplus property in the Brooklyn Addition. Council Member Scott asked if staff has met with the Texas State Aquarium to discuss the sale of this property and the ability of the Aquarium to expand in the future. Tom Schmidt, Texas State Aquarium, reported that the Aquarium is engaging in a master plan for expansion and considering several parcels in the area. Mr. Schmidt added that the Aquarium is comfortable with the sale of this land. In response to Council Member Leal, Property and Land Acquisition Manager Sonny Garza stated that the appraised value of the property is $240,000. City Secretary Chapa polled the Council for their votes as follows: 8.a. ORDINANCE NO. 028828 Ordinance declaring City property with legal description of Lots 4, 6, and 8, Block G, Brooklyn Addition, located at 2816 N. Shoreline Boulevard, Nueces County, Texas, as surplus property to enable its sale and disposition. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Adler and Marez were absent. 8.b. ORDINANCE NO. 028829 Ordinance authorizing the advertisement and publication of Notice of an Offer of Sale of Surplus City Property with legal description of Lots 4, 6, and 8, Block G, Brooklyn Addition, located at 2618 N. Shoreline Boulevard, Nueces County, Texas ("the Property"); authorizing the sale of the Property by sealed bid under Chapter 272 of the Texas Local Government Code; and authorizing the City Manager or his designee to execute a Deed and any related documents necessary to complete the sale and conveyance of the property. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Adler and Marez were absent. * * * * * * * * * * * * * Mayor Adame announced the executive sessions, which were listed on the agenda as follows: 11. Executive session under Texas Government Code Section 551.071 (2) regarding a matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct and under Volume 31 U.S.C. clearly conflicts with the requirements of Chapter 51 of the Texas Government Code. Minutes — Regular Council Meeting November 9, 2010 — Page 5 12. Executive Session under Texas Government Code Section 551.071 Consultation with Attorney, regarding Time Warner Cable franchise provisions regarding public education and government access channels, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. MayorAdame announced that the executive session was informational only and no action would be taken in open session. * * * * * * * * * * * * MayorAdame opened discussion on Item 13 regarding the discussion and consideration of appointment of a new City Council Member. City Secretary Chapa announced that Mr. Chesney would be abstaining from the discussion and vote from this item. Mr. Chapa added that Mr. Chesney stated that he does not believe it is appropriate for him to participate since the remaining Council needs to decide who they want without his interference. Mr. Chapa explained that on Monday, November 15th, the position that Mr. Chesney holds will become vacant and the City Charter requires that the Council fill the position as soon as possible. Mr. Chapa added that in previous similar instances in the last 25 years, the Council has chosen to allow anyone in the community that qualifies to apply; set a deadline for applications, held a meeting in closed session to review the applications, and determined whether interviews should be held and made decisions in open session. Mr. Chapa presented the Council with a draft motion for consideration setting a schedule with a deadline for applications on November 23`d with the decision to be considered on December 7th Council Member Martinez spoke in support of not limiting restrictions to individuals applying to find the most qualified applicant. Council Member Scott asked that the Council consider accelerating the process and consider appointment by November 301h. Council Members Kieschnick, Marez, and Elizondo also spoke in support of the accelerated process. Ms. Martinez made a motion to accept applications for the anticipated vacant City Council position until 5:00 p.m., November 19, 2010, adopt the following schedule, and require that all applications be filed in the Office of the City Secretary which shall include: 1. Application for Appointment to the City Council Form, 2. Resume, 3. City's Report of Financial Information; with the schedule as follows: November 19, 2010 — Deadline for applications; November 23, 2010 — November 29, 2010 — Individual Council Member review of applications; November 30, 2010 — Closed session to consider applications/appoint in open session or determine if interviews are necessary. The motion was seconded by Mr. Kieschnick. City Secretary Chapa stated that a formal application has been prepared and the application, resume, and report of financial information would need to be presented by the deadline of November 19'h. Mr. Chapa also reported that the application would be available on-line. In response to questions by Council, Mr. Chapa clarified that there would be no filing fee and all candidates would have to comply with the new charter provisions regarding term limitations. Mayor Adame called for comments from the audience. David Loeb, 522 Hancock, thanked the Council and his supporters in attendance at the meeting. Mr. Loeb expressed his desire to be considered forthe vacant seat and spoke regarding his qualifications and voter support in the 2009 Council elections. Daniel Lucio recommended the appointment of David Loeb. Alan Yaffee, 466 Palermo, spoke on behalf of Mr. Loeb and his qualification and experience in the City. Joe Hilliard, 417 Lake Schwerin, spoke in support of Mr. Loeb. Carrie Robertson, 4401 Gulf Breeze Boulevard, stated that Mr. Loeb would be a good choice forthe vacant seat. John Kelley, 413 Waco, stated that the citizens have spoken by voting for Mr. Loeb as the next highest vote getter in the 2009 General Minutes — Regular Council Meeting November 9, 2010 — Page 6 Election. Jenny Dorsey also spoke in strong support of Mr. Loeb. City Secretary Chapa polled the Council for their votes as follows: 13. MOTION NO. 2010-271 Motion that the Council accept applications for the anticipated vacant City Council position until 5:00 p.m., November 19, 2010, adopt the following schedule, and require that all applications be filed in the Office of the City Secretary which shall include: 1. Application for Appointment to the City Council Form, 2. Resume, 3. City's Report of Financial Information. Schedule November 19, 2010 — Deadline for applications November 23, 2010 — November 29, 2010 — individual Council Member review of applications November 30, 2010 — Closed session to consider applications/appoint in open session or determine if interviews are necessary The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney abstained; Adler was absent. * * * * * * * * * * * * Mayor Adame referred to Item 14, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0910-02, Ray E. Smith, Jr. —A change of zoning from "F -R" Farm -Rural District to "R -1B" One -family Dwelling District resulting in a change of land use from a farm -rural use to a one -family dwelling use. The property to be rezoned is described as approximately nine (9) acres of Flour Bluff and Encinal Farm and Garden Tract, Section 21, portions of Lots 6 and 7, located south of Lipes Boulevard, approximately 850 feet west of Airline Road. Senior Planner Miguel Saldana referred to a powerpoint presentation including the subject property; an aerial view; the existing land use map; the future land use map; the "F -R" and "R-1 B" allowable uses; and photos of subject property. Mr. Saldana stated that the Planning Commission and staff recommended approval of the applicant's request for a change in zoning from "F -R" Farm - Rural District to "R-1 B" One -family Dwelling District. In response to Council Member Leal, Mr. Saldana stated that there are no known flooding problems in the area. Council Member Elizondo asked whether the expansion of the property included more entrances. Mr. Saldana reported that the plat indicated entrances to the north and south of the property in addition to the Lipes entrance. No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council fortheir votes as follows: Minutes — Regular Council Meeting November 9, 2010 — Page 7 14. ORDINANCE NO. 028832 Amending the Zoning Ordinance, upon application by Ray E. Smith, Jr., by changing the Zoning Map in reference to approximately nine (9) acres out of Flour Bluff and Encinal Farm and Garden Tract, Section 21, portions of Lots 6 and 7, located south of Lipes Boulevard, approximately 850 feet west of Airline Road, from "F -R" Farm -Rural District to "R-1 B" One - family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Adler and Marez were absent. Mayor Adame referred to Item 15, and a motion was made, seconded and passed to open the public hearing on the following zoning text amendment: 15. Public hearing and First Reading Ordinance amending the Corpus Christi Zoning Ordinance by amending Section 27-3.07 relating to dumpster screening; and by adding new Section 27- 3.08 relating to dumpsters at new construction; providing for penalties; providing for publication; and providing effective dates. Senior Planner Miguel Saldana referred to a powerpoint presentation including the current ordinance; the Planning Commission Focus Group recommendation; the Planning Commission and staff recommendation; and the code enforcement study. The following topics pertaining to this item were discussed: inconsistent enforcement of the existing ordinance; outreach to notify the Apartment Association, Builders Association, neighborhood associations, and business of the new language; the difference between the current ordinance and the new ordinance; new construction screening; whether there are enough code enforcement officers to control this issue; and penalties for violations and repeat violators. No one appeared in opposition to the zoning text amendment. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 15. FIRST READING ORDINANCE Amending the Corpus Christi Zoning Ordinance by amending Section 27-3.07 relating to dumpster screening; and by adding new Section 27-3.08 relating to dumpsters at new construction; providing for penalties; providing for publication; and providing effective dates. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Leal voting "No"; Adler was absent. * * * * * * * * * * * * Mayor Adame opened discussion on Item 19 regarding an amendment to the Corpus Christi Business and Job Development Corporation guidelines and criteria for granting business incentives and the City's Economic Development Incentives. Emily Martinez, Corpus Christi Regional Economic Development Corporation, explained that this item is requesting approval of an amendment to the Corpus Christi Business and Job Development Guidelines and Criteria to Minutes — Regular Council Meeting November 9, 2010 — Page 8 recognize non-standard employees and an amendment to change the Economic Development Incentive Policies to incorporation the amended guidelines and criteria. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 19.a. RESOLUTION NO. 028834 Resolution approving the amendments to the City of Corpus Christi, Texas, Business & Job Development Corporation Guidelines and Criteria for granting business incentives, adopted by the Board of Directors, Corpus Christi Business & Job Development Corporation, on October 18, 2010, which recognize non-standard employees. The foregoing resolution was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Adler was absent. 19.b. RESOLUTION NO. 028835 Resolution amending the City of Corpus Christi Economic Development Incentive Policies 2009-2011 to incorporate the Corpus Christi Business & Job Development Corporation's amended guidelines and criteria for granting business incentives, which recognize non- standard employees. The foregoing resolution was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Adler was absent. Mayor Adame opened discussion on Item 20 regarding a business incentive agreement between the Corpus Christi Business and Job Development Corporation and TDL Plastics, LLC. Emily Martinez, Corpus Christi Regional Economic Development Corporation (EDC), introduced Cody Bates with TDL Plastics, LLC and Joe Cisneros, EDC, who were available to respond to questions. Ms. Martinez provided a brief overview of the agreement including the creation and retention of jobs; the amount of the grant; the expansion of the facility; the investment in building improvement; the average annual salary; the capital investment; and the annual payment. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20. RESOLUTION NO. 028836 Resolution approving a Business Incentive Agreement for creation and retention of jobs between the Corpus Christi Business and Job Development Corporation and TDL Plastics, L.L.C. ("TDL"), which provides a grant of up to fifty thousand dollars ($50,000) for the relocation and expansion of TDL's Plastics facility within the City of Corpus Christi, in which TDL will invest at least $270,000 in building improvements, furniture, fixtures, and equipment and will retain at least eight current full-time jobs and create and maintain at least five new full-time jobs with an average annual salary of at least $70,000 over a five-year period and authorizing the City Manager or his designee to execute a business incentive project support agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the TDL Plastics, L.L.C., business incentive agreement. Minutes — Regular Council Meeting November 9, 2010 — Page 9 The foregoing resolution was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Adler was absent. Mayor Adame opened discussion on item 24 regarding the formation of a Street Maintenance Finance Ad Hoc Advisory Committee. City Secretary Chapa announced that staff is requesting to postpone this item for one week. Mr. Scott made a motion to table Item 24 until November 16th. The motion was seconded by Mr. Kieschnick. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Adler was absent. 24. POSTPONED TO NOVEMBER 16, 2010 • - • - i . - i . _e• * * * * * * * * * * * * * Mayor Adame referred to Item 17 regarding the Health and Risk Management Claims Report -Quarterly Report, period ending July 31, 2010. Assistant Director of Human Resources Joan McKaughan introduced the presentation team including Randy McGraw, Crest Benefits; Benefits Manager Pat Atkins; and Pam Taylor, Humana. Ms. McKaughan referred to a powerpoint presentation including the workers compensation performance; general liabilities performance; medical and prescription claims; and medical and prescription claims by plan. The following topics pertaining to this item were discussed: the saving on generic drugs and the highlighted trends in health care. ************* Mayor Adame opened discussion on Item 18 regarding the employer-sponsored wellness clinic. Assistant Director of Human Resources Joan McKaughan introduced the presentation team including Brian Jones with First Onsite; Procurement Manager Paul Pierce; Benefits Manager Pat Atkins; Randy McGraw with Crest Benefits; and Pam Taylor with Humana. Ms. McKaughan explained that the wellness clinic will provide services to eligible active employees, retirees, and their dependents at no cost and will be located on the 6th Floor of City Hall. Ms. McKaughan provided a brief overview of this item including the evaluation team; the six (6) proposals received through the Request for Proposal Process (RFP); the proposal received late by the Health Department; the evaluation process; the scoring matrix; the top three (3) scores; the recommendation of First Onsite; the staffing model; and costs associated with the clinic renovations. The following topics pertaining to this item were discussed: the asset to employees and retirees; the cost saving; no expense to the City for clinic improvements; the proposal received late by the Health Department; the impact the clinic will have on reducing health insurance costs and the budget; the tangible benefits; promotion and communication with employees regarding the clinic services; the number of estimated visits per month; the flat monthly fee; the number of patients the clinic can handler per day; and the target date to begin operations. Council Member Leal requested information regarding the communications with the Health Department on the RFP process. Minutes — Regular Council Meeting November 9, 2010 — Page 10 There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 18.a. ORDINANCE NO. 028833 Ordinance appropriating $114,802 from the unreserved fund balance in the No. 5610 Employee Health Benefits-Citicare Fund and $30,978 from the unreserved fund balance in the No. 5609 Employee Health Benefits — Police Fund for the first year's operation of an employer-sponsored wellness clinic; changing the FY 2010-2011 Operating Budget adopted by Ordinance No. 028683 to increase appropriations by $145,780. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Leal voting "No"; Adler was absent. 18.b. MOTION NO. 2010-272 Motion approving a service agreement with H2U Wellness Centers, LLC doing business as First Onsite of Nashville, Tennessee for operation of an employer sponsored wellness clinic, in accordance with Request for Proposal BI -0185-10, for a period of three years with options to extend for up to two -additional one-year periods, subject to the approval of the provider and the City Manager or his designee, for a total three-year expenditure of approximately $874,678, of which approximately$145,780 is required for the remainder of FY 2010-2011. This service will be used to provide primary care and wellness services to eligible active employees, retirees, surviving spouses and their eligible dependents. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Leal voting "No"; Adler was absent. ************* Mayor Adame opened discussion on Item 16 regarding the annual update from the Port of Corpus Christi. Port Commissioner Mike Carrell introduced Executive DirectorJohn LaRue; Deputy Port Director Frank Brogan; and Patricia Cardenas. Mr. Carrell provided a brief overview of the proposed 2011 operating budget. Mr. Brogan referred to a powerpoint presentation including the Inner Harbor; the Corpus Christi Ship Channel; the commodities; northside Ship Channel; the northside terminal; southside Ship Channel; port capabilities; the bulk terminal; wind turbine activities; Harbor Island; the Joe Fulton Corridor; the Ship Channel improvement project; draft vessels already calling at Port over 50'; ports currently at 45 feet or deeper; the Panama Canal; and the Las Brisas Energy Center. Mr. LaRue provided a progress report on the main projects at the Port including the proposed La Quinta Terminal; the Ingleside facility; Tianjin Pipe Group Corporation (TPCO) America Texas Mill; and port security. The following topics pertaining to this item were discussed: Water Resources Development Act funding for Ship Channel improvements; the water and wastewater permits for TPCO; the foreign trade zone; the La Quinta Project dredging; the deal with Ingleside facility; what needs to be in place to allow for cruise ships; tourism opportunities in the future; whether there are plans to recoup or reimburse costs to the current industries for expanding the Port; the potential tonnage expected from TPCO; how the Port is addressing the rail issue on the La Quinta side; if there is a plan in place to take business away from the Port of Houston; working with the Nueces County Rail Minutes — Regular Council Meeting November 9, 2010 — Page 11 District; the financial problems with KCS; the status of the contract with A&M and the commission on the real estate; and the business reason for dredging the Inner Harbor to 50 feet. After a brief discussion, there was a consensus of the Council to receive an update from the Port twice a year. ************* Mayor Adame opened discussion on Item 21 regarding the Corban Townhomes Looping Water Improvements. Director of Engineering Services Pete Anaya explained that the Corpus Christi Housing Authority is planning a low income townhome project along Port Avenue and the platting requirements require water main improvements. Mr. Anaya referred to a powerpoint presentation including a background; project scope; project limits; schedule and costs. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21. MOTION NO. 2010-273 Motion authorizing the City Manager or his designee to execute a construction contract with Bridges Specialties, Inc. of Sandia, Texas in the amount of $158,776.88 for Corban Townhomes Looping Water Main Improvements for the Base Bid. (Water CI P) The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Adler was absent. Mayor Adame opened discussion on Item 22 regarding the Corpus Christi (North) Beach Entry Development and Sidewalks. Director of Engineering Services Pete Anaya introduced the project team including John Wright; Ramona White; and Robert Gignac who were available to respond to questions. Mr. Anaya referred to a powerpoint presentation including a background; project location; the project scope; the beach archway; archway landscaping; sidewalk landscaping; landscaping and irrigation; directional signage; project schedule; and costs. The following topics pertaining to this item were discussed: a sustainable plan for maintenance of the landscaping; the discrepancies with the bid from Blue Bay construction; and the estimated annual cost for landscaping maintenance. Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, spoke in support of the project. City Secretary Chapa polled the Council for their votes as follows: 22. MOTION NO. 2010-274 Motion authorizing the City Manager or his designee to execute a construction contract with Blue Bay Construction, LLC, of Houston, Texas, in the amount of $321,239.30 for Corpus Christi (North) Beach Entry Development and Sidewalks for Base Bid A, Base Bid A - Alternates No. 3 and No. 4, and Base Bid B and Base Bid B -Alternates No. 1 and No. 2. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Adler and Leal were absent. * * * * * * * * * * * * * Minutes — Regular Council Meeting November 9, 2010 — Page 12 Mayor Adame called for petitions from the audience. Foster Edwards, CEO of the Corpus Christi Chamber of Commerce spoke regarding the importance of the Port Industries; the program "My Town, My Program, My Voice"; and the luncheon on refining in the global market place on December 2" at the Omni Bayfront. Carrie Robertson, 4401 Gulf Breeze, spoke regarding the use of hotel occupancy tax (HOT) funds to maintain the beach from Corpus Christi Beach to McGee Beach. Evy Coppola, 13845 Flintlock Drive, spoke regarding the fundraiser supported by the West Oso Independent School District; the Hispanic Women's Network of Texas; and the League of Women Voters for a Thanksgiving Dinner for the residents of Las Colonies Subdivision. * * * * * * * * * * * * * Mayor Adame opened discussion on Item 23, Packery Channel, Phase 2 Parking and Overlooks. Director of Engineering Services Pete Anaya gave a brief presentation regarding the background of the project, scope of work, explanation of the bids received for this project, the project schedule, and the project cost. Shane Torno, consultant, was available to respond to questions. Mayor Adame called for comments from the audience. Johnny French, 4417 Carlton Street, spoke regarding the differences on the north and south sides of the Packery Channel. Mr. French spoke against the overlooks and asked how the City would pay for the repairs. Mr. French also spoke regarding ADA accessibility. The following topics pertaining to this item were discussed: the size of the walkway; the overlooks overlooking the wetlands and not the Channel; the City not using reserve maintenance funds; removal of the ramps pending approval from the Texas General Land Office (GLO) approval; ADA accessibility; whether the contractor has been used in the past and has beach experience; the project manager and construction inspector; the status of moving sand from the north end of the Padre Island Seawall; the unit price and total costs for the overlooks; the reason for seven (7) overlooks; the dredging projections; whether the City can legally use interest that has been accrued in the reserve fund; and lighting. City Secretary Chapa polled the Council for their votes as follows: 23.a. ORDINANCE NO. 028837 Ordinance approving the transfer of $3,320,106.64 from No. 1111 Reinvestment Zone No. 2 Fund to and appropriating in the No. 3278 Packery Channel Projects TIF #2 Fund for the construction of Packery Channel Phase 2 -Parking and Overlooks project and other projects relating to Packery Channel; amending the FY 2009-2010 Capital Budget, adopted by Ordinance No. 028449, by increasing proposed expenditures and revenues by $881,106.64 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Chesney, Leal, Marez, Martinez, and Scott, voting "Aye"; Adler, Elizondo, and Kieschnick were absent. 23.b. MOTION NO. 2010-275 Motion authorizing the City Manager or his designee to execute a construction contract with SafeNet Services, LLC of Corpus Christi, Texas in the amount of $2,371,927.61 for Packery Channel, Phase 2 — Parking and Overlooks for the Total Base Bid plus Additive Alternates No. 1 and No. 2. Minutes — Regular Council Meeting November 9, 2010 — Page 13 The foregoing motion was passed and approved with the following vote: Adame, Chesney, Leal, Marez, Martinez, and Scott, voting "Aye"; Adler, Elizondo, and Kieschnick were absent. ************* There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 4:45 p.m. on November 9, 2010. ************* I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Christi City Council of November 9, 2010, which were approved by the City Council on December 7, 2010. WITNESSETH MY HAND AND SEAL, on this the 7th day of December, 2010. Armando Chap City Secretary SEAL