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