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HomeMy WebLinkAboutMinutes City Council - 11/16/2010PRESENT Mayor Pro Tem Mark Scott Council Members: Chris Adler Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez ABSENT Mayor Joe Adame Larry Elizondo, Sr. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 16, 2010 - 12:00 p.m. City Staff: City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Pro Tem Scott called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Margaret Serna with Baha'i Faith and the Pledge of Allegiance to the United States flag was led by Council Member John Marez. 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 Pro Tem Scott called for consideration of the consent agenda (Items 1-13.1). There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 1. MOTION NO. 2010-276 Motion authorizing the purchase of specialized equipment for a total amount of $331,575 from the 2009 State Homeland Security Program Grant (SHSP) and 2009 State Homeland Security Program — Law Enforcement Against Prohibition awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund No. 1062. The foregoing motion was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 2. MOTION NO. 2010-277 Motion approving the lease purchase of two (2) ambulances from Knapp Chevrolet, of Houston, Texas in the amount of $250,500. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments (H -GAC). The ambulances will be used by the EMS Division of the Fire Department. Funds for the lease purchase of the ambulances will be provided through the city's lease/financing program. The foregoing motion was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. INDEXED Minutes — Regular Council Meeting November 16, 2010 — Page 2 3.a. RESOLUTION NO. 028866 Resolution authorizing the City Manager or his designee to execute the FY 2010 Sub - Recipient Agreement (SRA) and all related documents in the amount of $445,114 with the Texas Department of Public Safety, Texas Homeland Security — State Administrative Agency (TXHLS-SAA) for FY 2010 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and authorizing the City Manager or his designee to accept, reject, alter, or terminate the grant. The foregoing resolution was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 3.b. ORDINANCE NO. 028839 Ordinance appropriating $445,114 from the Texas Department of Public Safety, Texas Homeland Security — State Administrative Agency (TXHLS-SAA), FY 2010 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out law enforcement terrorism prevention and protection - oriented activities such as planning, organization, training, exercises, and purchase needed equipment. An emergency was declared, and the foregoing ordinance was passed and approvedwith the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 4.a. RESOLUTION NO. 028840 Resolution authorizing the City Manager or his designee to execute the FY 2010 Sub - Recipient Agreement (SRA) and all related documents in the amount of $166,124 with the Texas Department of Public Safety, Texas Homeland Security — State Administrative Agency (TXHLS-SAA) for FY 2010 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and authorizing the City Manager or his designee to accept, reject, alter, or terminate the grant. The foregoing resolution was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 4.b. ORDINANCE NO. 028841 Ordinance appropriating $166,124 from the Texas Department of Public Safety, Texas Homeland Security- State Administrative Agency (TXHLS-SAA), FY 2010 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No 1062 Fire Grants Fund to carry out Homeland Security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 5.a. RESOLUTION NO. 028842 Resolution authorizing the City Manager or his designee to execute the FY 2010 Sub - Recipient Agreement (SRA) and all related documents in the amount of $317,419 with the Minutes — Regular Council Meeting November 16, 2010 — Page 3 Texas Department of Public Safety, Texas Homeland Security — State Administrative Agency (TXHLS-SAA) for FY 1020 Homeland Security Grant Program (HSGP) Metropolitan Medical Response System (MMRS); and authorizing the City Manager or his designee, to accept, reject, alter, or terminate the grant. The foregoing resolution was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 5.b. ORDINANCE NO. 028843 Ordinance appropriating $317,419 from the Texas Department of Public Safety, Texas Homeland Security — State Administrative Agency (TXHLS-SAA), FY 2010 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System Program (MMRS), into the No. 1062 Fire Grants Fund to support the integration of Emergency Management, Health and Medical Systems into a coordinated response to mass casualty incidents caused by any hazard, and purchase medical equipment. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 6.a. RESOLUTION NO. 028844 Resolution authorizing the City Manager or his designee to accept a three-month grant extension from the Texas Department of State Health Services for the Women, Infants, and Children Program for October 1, 2010 — December 31, 2010, and to execute all related documents; and ratifying acceptance of the grant extension to begin as of October 1, 2010. The foregoing resolution was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 6.b. ORDINANCE NO. 028845 Ordinance appropriating estimated revenues of $461,467 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund due to a three-month grant extension from October 1, 2010 — December 31, 2010, of the Women, Infants and Children Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 7.a. RESOLUTION NO. 028846 Resolution ratifying acceptance of the second portion of the 2009 Continuum of Care ("COC") grant from the U.S. Department of Housing and Urban Development and execution of the grant funding agreements under the 2009 COC grant terms as follows: (1) $309,536 for the Salvation Army, (2) $142,720 for Goodwill Industries, (3) $142,569 for the Coastal Bend Alcohol and Drug Rehabilitation Center doing business as Charlie's Place, and (4) $122,673 for the Nueces County Mental Health and Mental Retardation Community Center, for homeless supportive program renewal projects and activities; authorizing the City Manager or his designee to implement the second portion of the COC grant and execute all necessary and related documents. Minutes — Regular Council Meeting November 16, 2010 — Page 4 The foregoing resolution was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 7.b. ORDINANCE NO. 028847 Ordinance appropriating the second portion of the 2009 Continuum of Care grant from the U.S. Department of Housing and Urban Development in the amount of $717,498 in the No. 1071 Community Enrichment Fund for homeless supportive housing program renewal projects and activities. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 8. RESOLUTION NO. 028848 Resolution authorizing the City Manager or his designee to submit a grant application to the U. S. Department of Housing and Urban Development in the amount of $1,012,725 for the "HOME 2011" Continuum of Care Homeless Assistance grant and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 9.a. RESOLUTION NO. 028849 Resolution authorizing the City Manager or his designee to execute all documents necessary to accept a $208,000 grant from the Texas Department of Agriculture Child and Adult Care Food Program to provide after school snacks to youth enrolled in after school programs for FY 2010-2011. The foregoing resolution was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 9.b. ORDINANCE NO. 028850 Ordinance appropriating a grant in the amount of $208,000 from the Texas Department of Agriculture in the No. 1067 Parks and Recreation Grants Fund to operate the Child and Adult Care Food Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 9.c. RESOLUTION NO. 028851 Resolution authorizing the City Manager or his designee to execute a five-year Interlocal Cooperation Agreement with the Corpus Christi Independent School District for the After School Snack Food Program. Minutes — Regular Council Meeting November 16, 2010 — Page 5 The foregoing resolution was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 10. ORDINANCE NO. 028852 Ordinance appropriating $39,965.80 in developer contributions and $3,567.01 in interest earnings for a sum of $43,532.81 in the No. 4720 Community Enrichment Fund for park improvements and other related projects. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 11.a. RESOLUTION NO. 028853 Resolution authorizing the City Manager or his designee to execute all documents necessary to accept a $261,752 grant awarded by the Texas Department of Aging and Disability Services for the FY 2011 Senior Community Services, Title XX Meals on Wheels Program. The foregoing resolution was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 11.b. ORDINANCE NO. 028854 Ordinance appropriating a $261,752 grant from the Texas Department of Aging and Disability Services in the No. 1067 Parks and Recreation grants fund forthe FY 2011 Senior Community Services, Title XX Meals on Wheels Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 11.c. RESOLUTION NO. 028855 Resolution authorizing the City Manager or his designee to execute all documents necessary to contract with the Texas Department of Aging and Disability Services for the FY 2011 Senior Community Services, Title XIX Community Based Alternatives/Home Delivered Meals Program with reimbursement rate of $5.31 per unit for an estimated 10,000 meals. The foregoing resolution was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 12.a. ORDINANCE NO. 028856 Ordinance appropriating $100,000 from SMG in the No. 4710 Visitors Facilities Fund for American Bank Center Capital Expenditures; changing the FY 2010-2011 Operating Budget, adopted by Ordinance No. 028683, by increasing both proposed revenues and expenditures by $100,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. Minutes — Regular Council Meeting November 16, 2010 — Page 6 12.b. ORDINANCE NO. 028857 Ordinance appropriating $331,351.53 from the Reserved Fund Balance in the No. 4710 Visitors Facilities Fund for American Bank Center Arena Capital Improvements expenditures; changing the FY 2010-2011 Operating Budget adopted by Ordinance No. 028683, by increasing proposed expenditures by $331,351.53. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 12.c. ORDINANCE NO. 028858 Ordinance appropriating $412,500 from the Reserved Fund Balance in the No. 4710 Visitors Facilities Fund for Marketing and Co -Promotion Expenditures; changing the FY 2010-2011 Operating Budget adopted by Ordinance No. 028683 by increasing proposed expenditures by $412,500. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 13.a. MOTION NO. 2010-278 Motion to amend prior to second reading, the "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," by adding definition of "street yard" at sub -section 27-3.08.06. The foregoing motion was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 13.b. ORDINANCE NO. 028859 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 severance; providing for penalties; providing for publication; and providing effective dates. (First Reading - 11/09/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 13.1. MOTION NO. 2010-279 Motion authorizing the City Manager to execute a Deferment Agreement with Alameda Plaza, L.L.C., (Developer), in the amount $105,612.19 for waterline improvements required for Lindale Park Subdivision Section 4, Block D, Lots 21 & 22, located west of South Alameda Street, between Glazebrook Street and Gordon Street, in accordance with the Platting Ordinance Section V — Required Improvements, Subsection A. 3. b), contingent upon receipt of an acceptable form of financial document compliant with City requirements. Minutes — Regular Council Meeting November 16, 2010 — Page 7 The foregoing motion was passed and approved with the following vote: Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Scott abstained; Adame and Elizondo were absent. * * * * * * * * * * * * Mayor Pro Tem Scott referred to Item 15, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0910-01, Bury+Partners-SA, Inc.: A change of zoning from the "R-1B/SP" One - family Dwelling District with Special Permit and "R-1 B" One -family Dwelling District to the "B- 1" Neighborhood Business District resulting in a change of land use from a low density residential use to a commercial use. The property to be rezoned is Alameda Estates Subdivision, Block 2, Lots 7C, 7D, 7E, 7F, and portions of Lots 3, 15, and 16, located south of Delano Drive between Robert Drive and Eldon Drive. Assistant City Manager Johnny Perales referred to a powerpoint presentation including an aerial view; photos of the subject property; the existing land use map; the future land use map; the ownership map; and site plan. Mr. Perales stated that the Planning Commission and staff recommended denial of the applicant's request and in lieu thereof, approval of the "R-1B/SP" One - family Residential District with a Special Permit in accordance with the attached Site Plan and subject to five (5) conditions. No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Marez, and passed. Council Member Adler asked why the Planning Commission denied the "B-1" Neighborhood Business District zoning request. Mr. Perales stated that the Planning Commission denied the request based on the future land use plan for the area. Assistant City Attorney Deborah Brown provided an explanation of the amendments required for Section 2, Special Permit Conditions 1 and 5. Ms. Martinez made a motion to amend the ordinance as presented by staff. The motion was seconded by Mr. Kieschnick, The motion was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. In response to Mayor Pro Tem Scott, Mark Johnson with Bury+Partners-SA, Inc., provided an overview of the scope of work and explained that the site plan included a fire lane alongside the building to provide access to the back parking lot. Mr. Chapa polled the Council for their votes as follows: 15. ORDINANCE NO. 028860 Amending the Zoning Ordinance, upon application by Bury+Partners,-SA, Inc., by changing the Zoning Map in reference to Alameda Estates Subdivision, Block 2, Lots 7C, 7D, 7E, 7F and portions of Lots 3, 15, and 16, located south of Delano Drive between Robert Drive and Eldon Drive, from "R-1B/SP" One -family Dwelling District with Special Permit and "R -1B" One -family Dwelling District, to "R-1B/SP" One -family Dwelling District with Special Permit, resulting in a change of land use from a One -family Dwelling use, certain lots with Special Permit and others without, to a One -family Dwelling use with a Special Permit assigned to all Minutes — Regular Council Meeting November 16, 2010 — Page 8 lots, subject to a Site Plan and five (5) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing for a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. * * * * * * * * * * * * * Mayor Pro Tem Scott announced the executive sessions, which were listed on the agenda as follows: 14. Executive Session under Texas Government Code Section 551.071 regarding the City of McAllen et al v. Time Warner Cable, Case No. 7:10-cv-00393 in the U.S. District Court for the Southern District of Texas McAllen Division, regarding cable franchise provisions for Public, Education, and Government access channels, with possible discussion and action in open session. 14.1. Executive session under Texas Government Code Section 551.071 regarding In re the Complaint of Mercury Air Center-- Corpus Christi, Inc. d.b.a. Atlantic Aviation, Complainant — against — City of Corpus Christi, Respondent, pursuant to Part 16 of the Federal Aviation Regulations. The Council went into executive session. The Council returned from executive session and the following motions were passed with the following vote: 14. MOTION NO. 2010-280 Motion to authorize the City Managerto execute a Settlement Agreement with Time Warner Cable regarding digitalization of Public, Education and Government access channels. The foregoing motion was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 14.1. MOTION NO. 2010-281 Motion to authorize the City Managerto execute an outside counsel agreement with the law firm of Kaplan Kirsch & Rockwell, LLP, up to a maximum of $95,000 for representation regarding a Park 16 complaint filed with the Federal Aviation Administration against the City of Corpus Christi by Mercury Air Center -Corpus Christi, Inc., doing business as Atlantic Aviation. The foregoing motion was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. * * * * * * * * * * * * * Mayor Pro Tem Scott referred to Item 17 regarding the Convention and Visitors Bureau (CVB) Quarterly Report. President/CEO of the CVB Keith Arnold referred to a powerpoint presentation including leisure travel impact; nature tourism portal; guide certification program; nature tourism improvements; online content management and web presence; electronic newsletter; overview of communications; advertising and promotion; conventions impact; American Bank Center Minutes — Regular Council Meeting November 16, 2010 — Page 9 improvements; the Beach Party Giveaway package; the Austin Sales Office; the Community Events Fund (CEF); the MVP Program; the resources impact; the community impact area; the leisure marketing overview; and the economic impact and return on investment for fiscal year 2009-2010. Butch Pool, Chairman of the CVB, spoke regarding the CVB's return on investment to the City. The following topics pertaining to this item were discussed: feedback on the effects of running advertisement in the Valley area; work with State Representative Todd Hunter to gain access to a portion of the State's HOT collection to utilized expansion of beach cleaning; cost saving measures performed; advertising in Austin; additional communications with Centerplate oh how to best service conventions with concessions; and additional communication with car rental providers. ************* Mayor Pro Tem Scott opened discussion on Item 18 regarding an amended consulting agreement with the Convention and Visitors Bureau (CVB). Assistant City Manager Oscar Martinez referred to a powerpoint presentation on the significant amendments to the contract including the extension of the contract term; the Special Marketing Fund of $500,000; increasing the CVB's share of the Hotel Occupancy Tax (HOT); the percentage increase in HOT from prior three year rolling average for CVB to be eligible for an incentive award; the CVB's share of the increase in HOT available for the incentive award; the City's right to renegotiate the HOT increase threshold; and the City's right to renegotiate the return on investment requirements associated with the use of the Special Marketing fund. Mayor Pro Tem Scott called for comments from the audience. Keith Arnold, CEO of the CVB, thanked Assistant City Manager Martinez for good faith negotiations and expressed appreciation for Council consideration. Foster Edwards, CEO of Chamber of Commerce, spoke in support of the contract. In response to Council Member Leal, Mr. Martinez stated that the contract terms ends on July 2015 instead of October 2015 to coincide with the end of the fiscal year. City Secretary Chapa polled the Council for their votes as follows: 18. MOTION NO. 2010-282 Motion authorizing the City Manager or his designee to enter into an amended consulting agreement between the City of Corpus Christi and the Corpus Christi Convention and Visitors Bureau for a period extending from November 1, 2010 to July 31, 2015. The foregoing motion was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. Mayor Pro Tem Scott opened discussion on Item 23 regarding the Billing's Bait Stand and Clem's Marina Boat Ramp Rehabilitation project. Director of Engineering Services Pete Anaya introduced Executive Director Pam Arredondo and Board Member Charlie Mater with Saltwater Fisheries Enhancement Program (SEA) who were present. Mr. Anaya referred to a powerpoint presentation including a background; project scope; schedule; the project budget; and project funding. The following topics pertaining to this item were discussed: the donation of services from Rock Engineering for construction testing; the status and permitting for the new parking lot; the timeline for the construction phase; and how long the permitting will take for Phase 2. Minutes -- Regular Council Meeting November 16, 2010 — Page 10 Mayor Pro Tem Scott called for comments from the audience. Dale Rankin encouraged the Council to expedite Phase 2 of the project for the parking lot improvements to allow for the continuation of the development of his project located in the area. Mr. Anaya stated that staff is incorporating Mr. Rankin's design in the City's layout for the parking lot. City Secretary Chapa polled the Council for their votes as follows: 23.a. RESOLUTION NO. 028863 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $925,290 from the Texas Parks and Wildlife Department for the Clem's and Billing's Boat Ramp renovations and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 23.b. ORDINANCE NO. 028864 Ordinance appropriating $425,290 from the Texas Parks and Wildlife Department's Boating Access Grant Program in the No. 1067 Park and Recreation Grants Fund for the construction of the Billing's Bait Stand and Clem's Boat Ramp Rehabilitation Project; amending the FY 2009-2010 Capital Budget, adopted by Ordinance No. 028449 by increasing proposed expenditures and revenues by $425,290 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 23.c. MOTION NO. 2010-285 Motion authorizing the City Manager or his designee to execute a construction contract with MB Western Industrial Contracting Company of Pasadena, Texas, in the amount of $1,013,720 for the Base Bid for the Billing's Bait Stand and Clem's Marina Boat Ramp Rehabilitation. The foregoing motion was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. * * * * * * * * * * * * * Mayor Pro Tem Scott referred to Item 16 regarding the Mayor's Veterans Memorial Task Force update. Director of Intergovernmental Relations Rudy Garza introduced Chair of the Mayor's Veterans Memorial Task Force, General Marc Cisneros. General Cisneros thanked the City Council for giving the veterans an opportunity to allow input in what veterans would like to see for Sherrill Park. General Cisneros introduced the members of the committee including Johnny Canales, Al Cantu, Lazaro Camarillo III, Dr. Henry Casillas, Ram Chavez, Johnny Cotton, Marie DeLeon, Tom Criser, David Sauceda, Ted Stephens, and Juan Zuniga. General Cisneros referred to a powerpoint presentation including the mission; work process and research; public input; the purpose statement; veterans memorial attributes; an example of a memorial arch; and requested Council action. Mr. Garza provided a brief overview of the request for the relocation of the World War II Memorial Plaque to Sherrill Park including the location map and the design concept. Minutes — Regular Council Meeting November 16, 2010 — Page 11 The following topics pertaining to this item were discussed: consideration to include a history and background on Warren Joseph Sherrill in the concept; shading structures and benches; the educational components; and the inclusion of all the veterans' names in the proposed kiosks. Trey McCampbell, Destination Bayfront, spoke regarding the goals of Destination Bayfront to incorporate the concepts and ideas of the Mayor's Veterans Memorial Task Force into the final design concept that will be presented to Council on December 7th * * * * * * * * * * * * * Mayor Pro Tem Scott opened discussion on Item 19 regarding the City's State and Federal Legislative Program for 2011. Director of Intergovernmental Relations Rudy Garza introduced state legislative consultant Snapper Carr who was available to respond to questions. Mr. Garza referred to a powerpoint presentation including the legislative advocacy cooperative effort; the general policies; the priorities including the protection of water rights, transportation resources, air quality, economic development, sunset review, redistricting; the potential proactive measures; cleanup items; the federal legislative agenda; and the total federal, pass through, and state financial assistance. The following topics pertaining to this item were discussed: the strategy for fighting unfunded mandates; the potential that air quality will become a major unfunded mandate; the current price on the investment of the Garwood Water rights; the cap for sales tax applicable to boat sales; focus on graffiti; gambling; cruise industry efforts; and higher educational institution's needs in the area. Council Member Martinez asked staff to come back to the Council with an update on the legislative session. Council Member Scott requested that staff inform the community on the serious threat to the City's water supply in the legislature. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 19. RESOLUTION NO. 028861 Resolution adopting the City of Corpus Christi's State and Federal Legislative Program for 2011. The foregoing resolution was passed and approved with the following vote: Scott, Adler, Kieschnick, Marez, and Martinez, voting "Aye"; Adame, Elizondo, and Leal, were absent. Mayor Pro Tem Scott called for petitions from the audience. There were no comments from the audience. * * * * * * * * * * * * * Mayor Pro Tem Scott opened discussion on Item 20 regarding the formation of a Street Maintenance Finance Ad Hoc Advisory Committee. Assistant City Manager Oscar Martinez explained that a motion was passed in August to direct staff to establish a five (5) member ad hoc committee to be appointed by the Mayor to look at options to put in place a permanent mechanism for street maintenance. Mr. Martinez provided a brief overview of the composition; duties; and staff support for the ad hoc committee. Minutes — Regular Council Meeting November 16, 2010 — Page 12 The following topics pertaining to this item were discussed: whether it was necessary to appoint a representative from the Chamber of Commerce; consideration to change the Chamber of Commerce representative to an additional at large member; the duties of the committee; how the committee will evaluate the amount of funding needed; changing the one (1) certified public accountant language to one (1) certified public accountant or financial industry representative; and whether the Mayoral appointments are subject to confirmation by the Council. Mr. Kieschnick made a motion to change the language in Section 2.B.a) to one certified public accountant or financial industry representative. The motion was seconded by Ms. Martinez. The foregoing motion was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. Mr. Marez made a motion to eliminate the one (1) representative from the Chamber of Commerce and add an additional at large member. The motion was seconded by Ms. Martinez. The foregoing motion was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. A brief discussion ensued regarding the date of the initial meeting of the Committee to occur no later than January 31, 2011. Mr. Marez made a motion to change the initial meeting that the Committee shall occur from January 31, 2011 to December 31, 2010. The motion was seconded by Mr. Kieschnick. The foregoing motion was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20. RESOLUTION NO. 028862 Resolution approving the formation of a Street Maintenance Finance Ad Hoc Advisory Committee to develop a street maintenance funding plan. The foregoing resolution was passed and approved as amended with the following vote: Scott, Adler, Kieschnick, Marez, and Martinez, voting "Aye"; Adame, Elizondo, and Leal, were absent. Mayor Pro Tem Scott opened discussion on Item 21 regarding the lease purchase of curbside recycle containers from the City's automated recycling program. Assistant Director of Financial Services Mike Barrera explained that this item is for the lease purchase of the containers for the enhanced recycle program and the cost has been incorporated into the budget. Mr. Barrera provided a brief overview of the solicitation of proposal and the cost. Mr. Barrera added that because the City is purchasing the containers through the Houston Galveston Area Council of Governments (H -GAC), the City is receiving a $760,000 savings. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting November 16, 2010 — Page 13 21. MOTION NO. 2010-283 Motion approving the lease purchase of 85,000 96 -gallon curbside recycle containers and 2,000 64 -gallon curbside recycle containers from Toter Incorporated, Statesville, North Carolina for the total amount of $4,056,850, of which $440,087.16 is required for FY 2010- 2011. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The containers will be used in the City's automated collection recycle program. Funds for the lease purchase of the curbside recycle containers will be provided through the City's lease/purchase financing program. The foregoing motion was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Adler were absent. Mayor Pro Tem Scott opened discussion on Item 22 regarding the Wooldridge Road Lift Station 24 -Inch Force Main Tie -In and Odor Control System. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including a background; aerial of the project; project scope; schedule; and project budget. Director of Wastewater Foster and Donnie Rehmet, Coym, Rehmet and Gutierrez, were available to respond to questions. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 22. MOTION NO. 2010-284 Motion authorizing the City Manager or his designee to execute a construction contract with Gin-Spen, Inc., of Kennedale, Texas in the amount of $841,564 for the Base Bid for the Wooldridge Road Lift Station 24 -Inch Force Main Tie -In and Odor Control System. The foregoing motion was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Adler were absent. Mayor Pro Tem Scott opened discussion on Item 24 regarding a report of Trillion Aviation concerning the operation of the Corpus Christi International Airport. Director of Aviation Fred Segundo explained that the City issued 2000A and 2000B Airport Revenue Bonds to build the terminal roads and parking lot associated with the Airport and the conveyance required that the City maintain a net revenue of not less than 1.25 times the annual debt service requirement. Mr. Segundo added that when the requirement is not maintained, the bond covenant requires that the City hire a consultant to provide recommendations on operating expenses and revenues and the impact of revenues available on debt service. Mr. Segundo provided a brief overview of the significant events that reduced the revenues at the Airport. Mr. Segundo introduced Dan Benson with Trillion Aviation and Airport Finance Manager Mario Tapia. Mr. Benson referred to a powerpoint presentation including a background; primary revenue sources at the airport; recommendations; reporting and financial monitoring; aggressively pursue non -airline revenue opportunities; manage expenses and benchmark to activity levels; and conclusions. Mr. Segundo provided information on the implementation and monitoring process. The following topics pertaining to this item were discussed: whether the cash coverage range will be at 135% for FY2009-2010; implementation of FBO new business model as revenue; and monthly financial monitoring. Minutes — Regular Council Meeting November 16, 2010 — Page 14 Mayor Pro Tem Scott called for comments from the audience. A unidentified man asked questions regarding the executive session motion to retain counsel for a lawsuit against the City from the Fixed Base Operators (FBO). City Attorney Valdez explained that there is a complaint pending and filed with the Federal Aviation Administration by one of the City's FBO and the City has hired expert representation on this issue. Abel Alonzo, 1701 Thames, acknowledged the efforts of Mr. Segundo and Airport staff for their management of the airport and stated that the Airport is run at no costs to taxpayers. City Secretary Chapa polled the Council for their votes as follows: 24. RESOLUTION NO. 028865 Resolution of the City of Corpus Christi, Texas accepting the report of Trillion Aviation concerning the operations of the City's Airport; authorizing the City Secretary to accept and file such report; authorizing matters incident and related thereto; and providing an effective date. The foregoing resolution was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Adler were absent. Mayor Pro Tem Scott opened discussion on Items 25, 26, and 27 regarding the Fixed Base Operation (FBO) at the Corpus Christi International Airport. Mr. Scott advised the public that staff is recommending tabling this item until November 30th. Mayor Pro Tem Scott re -opened public comment from the audience. Earl Kessler read a letter from Penny Snow, Secretary for Al Dodds Aviation, which expressed concerns with the turnover of management of the FBO and urged the Council not to support this proposal. Mr. Kessler also spoke in opposition to operations being taken over by the City. David Holzschuh, aircraft mechanic at the Airport, stated that the City should not try to run operations at the Airport and compete with private sector companies. Mr. Holzschuh asked the Council to make the right decision. Don Fisher, corporate flyer with Atlantic Aviation, spoke in opposition to the changes considered for operations at the Airport. Ms. Martinez made a motion to table Items 25, 26, and 27 to November 30, 2010. The motion was seconded by Mr. Kieschnick. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Scott, Adler, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame and Elizondo were absent. 25.a. TABLED TO NOVEMBER 30. 2010 Ordinance appropriating $1,130,021 in tho No. 1610 Aviation Fund from anticipated -. lnto national Airport for cxponditures necessary to operate the facility; changing the FX • • . appropriations by $1,130,021 each. 25.b. TABLED TO NOVEMBER 30. 2010 cipply agreement with The Hiller Group, Inc. to support flight operations associated with Corpus Christi International Airport Wcst FBO. Minutes — Regular Council Meeting November 16, 2010 — Page 15 26. TABLED TO NOVEMBER 30. 2010 purchase agreement with Fortbrand Services, Inc. for aviation ground support equipment to cupport Corpus Chricti International Airport Woct FBO ground cupport activities. 27. TABLED TO NOVEMBER 30. 2010 Motion authorizing tho City Manager, or his designee, to execute a five (5) year Fixed Saco operations. ************* There being no further business to come before the Council, Mayor Pro Tem Scott adjourned the Council meeting at 5:13 p.m. on November 16, 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 16, 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 Chapa City Secretary SEAL