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HomeMy WebLinkAboutMinutes City Council - 12/14/2010MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 14, 2010 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Mark Scott Council Members: City Staff: Chris Adler City Manager Angel R. Escobar Larry Elizondo, Sr. City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal John Marez Nelda Martinez Linda Strong MayorAdame called the meeting to order in the Council Chambers of City Hall. Council Member Leal requested that a special prayer be given for Roland Garza. The invocation was delivered by Reverend Greg Hackett with First United Methodist and the Pledge of Allegiance to the United States flag was led by Council Member Strong. 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. MayorAdame called for approval of the minutes of the regular Council meeting of December 7, 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: Arts and Cultural Commission C.C. Regional Economic Development Corp. Kelly Quintaniila (Appointed) Willard H. Hammonds II (Appointed) Watershore and Beach Advisory Committee Joanna Mott (Reappointed) John Powell (Reappointed) JoAnn Gilbertson (Reappointed) Keith Arnold (Appointed) Cody Bates (Appointed) Cameron Perry (Appointed) ************ MayorAdame called for consideration of the consent agenda (Items 3 - 21). Mr. Craig Sico requested that Item 20 be pulled for individual consideration. Council members requested that Items 18 and 20 be pulled for individual consideration. City Secretary Chapa announced that staff is requesting that Item 10 be pulled for an amendment. City Secretary Chapa polled the Council for their votes as follows: INDEXED Minutes — Regular Council Meeting December 14, 2010 — Page 2 3.a. MOTION NO. 2010-296 Motion authorizing the City Manager or his designee to accept grant funding in the amount of $35,000 from the Texas Department of Transportation for an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Police Department with a City match of $12,970 and to execute all related documents. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 3.b. ORDINANCE NO. 028879 Ordinance appropriating $35,000 from the Texas Department of Transportation for funding of an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Police Department in No. 1061 Police Grants Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 4.a. MOTION NO. 2010-297 Motion authorizing the City Manager or his designee to accept a grant in the amount of $150,747.24 from the State of Texas, Criminal Justice Division (CJD) of the Governor's Office for funding available under the Coverdell Forensic Sciences Improvement Grant Program for the purchase of a Laboratory Information Management System, installation, and personnel training and to execute all related documents. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 4.b. ORDINANCE NO. 028880 Ordinance appropriating $150,747.24 from the State of Texas, Criminal Justice Division (CJD) of the Governor's Office for funding available under the Coverdell Forensic Sciences Improvement Grant Program in the No. 1061 Police Grant Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 5.a. MOTION NO. 2010-298 Motion authorizing the City Manager or his designee to accept a grant award in the amount of $99,974 from the State of Texas, Office of the Governor, Criminal Justice Division for funding available to address gang issues, funds to be used for overtime and fringe benefits in the Police Department, and to execute all related documents. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". Minutes — Regular Council Meeting December 14, 2010 — Page 3 5.b. ORDINANCE NO. 028881 Ordinance appropriating $99,974 from the State of Texas, Office of the Governor, Criminal Justice Division in the No. 1061 Police Grant Fund for funding available to address gang issues. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 6. ORDINANCE NO. 028882 Ordinance appropriating $19,344 from contributions in settlement of an enforcement action brought about by the Texas Commission on Environmental Quality (TCEQ) in the No. 1067 Parks and Recreation Grants Fund for land acquisition for the Oso Bay Learning Center and Wetland Preserve. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 7.a. RESOLUTION NO. 028883 Resolution approving the continuation of the Corpus Christi Business and Job Development Corporation's Affordable Housing — New Construction Program for FY 2010-2011. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 7.b. RESOLUTION NO. 028884 Resolution approving the Corpus Christi Business and Job Development Corporation's Affordable Housing - Existing Housing Inventory Program and the Program Guidelines. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 8. MOTION NO. 2010-299 Motion authorizing the City Manager or his designee to purchase network equipment from Calence, DIR-SDD-1360, to replace outdated and non -maintenance networking equipment for the Emergency Operations Center and the Water/Fleet Service Center for a total cost of $709,262. This purchase will be financed over a four year period with Key Government Finance, Inc. of Superior, Colorado with first year payment of $185,579.73 and subsequent annual payments of $181,589.27 ($730,347.54). The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 9. ORDINANCE NO. 028885 Ordinance appropriating $514,000 from the Sanitary Sewer Trunk System Trust Fund No. 540450-21800-4220 to pay The Preserve at Mustang Island, LLC for the construction and Minutes — Regular Council Meeting December 14, 2010 — Page 4 installation of a Master Plan Lift Station with 8 -foot diameter wet well, 8,376 linear feet of a fl- inch and 6 -inch PVC dual force main, and related appurtenances, located east of State Highway 361, south of Zahn Road. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 11.a. RESOLUTION NO. 028888 Resolution authorizing the City Manager or his designee to accept a grant from the Texas Commission on Environmental Quality in the amount of $516,329.26 for air quality planning. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 11.b. ORDINANCE NO. 028889 Ordinance appropriating $516,329.26 from the Texas Commission on Environmental Quality in the No. 1071 Community Enrichment Grants Fund for air quality planning. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 11.c. RESOLUTION NO. 028890 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the University of North Texas in the amount of $259,000 for the "Corpus Christi Ozone Near Non -attainment Area Assessment and Planning Study" as required by the City's Rider 8 Air Quality planning grant from the Texas Commission on Environmental Quality. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 1td. RESOLUTION NO. 028891 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Texas A&M University -Corpus Christi in the amount of $200,000 for the Pollution Prevention Partnership, maintaining a public website with air quality information and technical and outreach efforts undertaken by the partnership, implementing the auto check vehicles emission reduction program, and public outreach projects, as required by the City's Rider 8 Air Quality planning grant from the Texas Commission on Environmental Quality. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 12. ORDINANCE NO. 028892 Ordinance authorizing and allowing under the act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying Minutes — Regular Council Meeting December 14, 2010 — Page 5 members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; and establishing an effective date for such actions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 13. ORDINANCE NO. 028893 Ordinance appropriating payment from Nueces County in the amount of $15,500 in the No. 1066 Health Grants Fund, as the fiduciary agent on behalf of the Regional Health Awareness Board, for services to be provided by the Board. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 14.a. MOTION NO. 2010-300 Motion to authorize the City Manager or his designee to execute documents to accept donation of $50,000 from HEB for City recycling education program; including documents regarding placement of HEB sponsorship logo on recycling bins. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 14.b. ORDINANCE NO. 028894 Ordinance appropriating a $50,000 donation from HEB in the No. 1020 General Fund for City recycling education program; changing FY 2010-2011 Operating Budget adopted by Ordinance No. 028683 by increasing revenues and expenditures by $50,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 15. MOTION NO. 2010-301 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Chuck Anastos Associates, LLC of Corpus Christi, Texas in the amount of $151,073 for the New Fire Station No. 18 for design, bidding and construction phase services and additional services. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 16. MOTION NO. 2010-302 Motion authorizing the City Manager or his designee to ratify services provided and to execute Amendment No. 27 to the professional architectural/engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $59,932.95, for a restated not to exceed total fee of $4,084,792.08 for additional Minutes — Regular Council Meeting December 14, 2010 -- Page 6 construction management and inspection services for Airfield Equipment, Storage and Maintenance Facility Project No. 10068. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 17.a. RESOLUTION NO. 028895 Resolution authorizing the City Manager or his designee to execute a Local Project Advance Funding Agreement for Construction (LPAFA-CST) with the Texas Department of Transportation in the amount of $23,560 for adjusting manholes and valves on FM 2444 on Staples Street from Saratoga Boulevard to Oso Creek Bridge (an on -system location) including construction items and direct state costs. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 17.b. RESOLUTION NO. 028896 Resolution authorizing the City Manager or his designee to execute a Local Project Advance Funding Agreement for Construction (LPAFA-CST) with the Texas Department of Transportation in the amount of $6,840 for adjusting manholes on SH 357 on Saratoga Boulevard from Staples Street to Rodd Field Road, (an on -system location) including construction items and direct state costs. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 17.c. RESOLUTION NO. 028897 Resolution authorizing the City Manager or his designee to execute a Local Project Advance Funding Agreement for Construction (LPAFA-CST) with the Texas Department of Transportation in the amount of $52,303 for the adjustment of manholes and water valves on FM 43 from SH 358 to SH 357. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 17.d. RESOLUTION NO. 028898 Resolution authorizing the City Manager or his designee to execute a Local Project Advance Funding Agreement for Construction (LPAFA-CST) with the Texas Department of Transportation in the amount of $4,080 for the design of the Holly Road Improvements from SH 286 to Greenwood Drive. (BOND ISSUE 2008) The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 19. ORDINANCE NO. 028899 Ordinance authorizing the City Manager or his designee to execute a five-year Ground Lease with Haas -Anderson Construction, Ltd. for 3.89 acres out of 25.06 -acre tract of City property known as the Hala Pit Landfill located north of the intersection of Greenwood Drive Minutes — Regular Council Meeting December 14, 2010 — Page 7 and Holly Road, to be used by the tenant for parking of construction equipment and vehicles and approving the cash rental fee of $400 per month. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 21. MOTION NO. 2010-304 Motion accepting the high bid of $252,000 submitted by Channel Investments, Ltd. for the property consisting of 16,485 square feet (0.378 acre) of vacant land out of Lots 4, 6, and 8, Block G, Brooklyn Addition, located at 2816 N. Shoreline Boulevard, Corpus Christi, Texas and authorizing the City Manager or his designee to proceed with the sale of the property. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". Mayor Adame opened discussion on Item 10 regarding a grant from the Texas General Land Office's Coastal Management Program. Assistant City Manager Johnny Perales explained that the memo presented in the packet contained a clerical error and clarified that the language on the resolution should read "and $9,900 in contractual services". Mr. Scott made a motion changing the resolution language from "including" to "and". The motion was seconded by Mr. Marez. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". City Secretary Chapa polled the Council for their votes as follows: 10.a. RESOLUTION NO. 028886 Resolution authorizing the City Manager or his designee to accept a grant from the Texas General Land Office's Coastal Management Program in the amount of $24,149 for costs associated with preparation of the City's required Coastal Erosion Response Plan, with a city match of $16,166 in-kind services, and $9,900 in contractual services, and a total project cost of $40,315. The foregoing resolution was passed and approved as amended with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 10.b. ORDINANCE NO. 028887 Ordinance appropriating reimbursements of up to $24,149 from the Texas General Land Office's Coastal Management Program in the No. 1071 Community Enrichments Grants Fund for preparation of the City's Coastal Erosion Response Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". Mayor Adame opened discussion on Item 18 regarding the Water Garden Electrical Upgrades. Council Member Marez requested that staff notify the public of the anticipated completion date and preventive measures for preventing damages of the Water Gardens. Council Member Strong reminded the public of the Singer Family's donation of the land for the Water Gardens. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting December 14, 2010 — Page 8 18. MOTION NO. 2010-303 Motion authorizing the City Manager or his designee to execute a Job Order Contract with Alpha Building Corporation of Corpus Christi, Texas, in the amount of $79,003.22 for the Water Garden Electrical Repairs Project. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". Mayor Adame opened discussion on Item 20 regarding land on Corpus Christi Beach. Council Member Marez asked questions regarding fencing or securing the site. Property and Land Acquisition Manager Sonny Garza stated that the tracts of land are fenced with a 6 -foot security fence. Council Member Kieschnick asked questions regarding the correlation between crime activity in the area and the RV Park and the cost of the lease payments. Director of Engineering Pete Anaya said he was not aware of a correlation between the crime activity and the RV Park and reported that staff and the Police Department are involved in monthly meeting with the Corpus Christi Beach Task Force. Mr. Garza reported that the lease payment was based on the percentage of gross receipts. Craig Sico, BBC Capital Ltd., provided information on the development of the RV Park and stated that the RV Park is not a contributing factor to the crime in that area. Mr. Sico reported that he hopes to increase occupancy at the park and continue to beautify and improve the area. In response to Mayor Adame, Mr. Garza stated that there is a 120 -day cancellation clause in the lease. City Secretary Chapa polled the Council for their votes as follows: 20. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a five-year Lease Agreement (with the option for three five year renewals) with BBC Capital, Ltd., for a 1.068 acre tract of land and a 0.20 acre tract of land located at the northern end of Corpus Christi Beach, providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". * * * * * * * * * * * * * Mayor Adame announced the executive sessions, which were listed on the agenda as follows: 22. Executive Session under Texas Government Code Section 551.071 regarding In re the Complaint of MercuryAir 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. 23. Executive Session under Texas Government Code Section 551.072 to deliberate the purchase, exchange, lease, or value of real property, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. Mayor Adame announced that no action would be taken in open session. Minutes — Regular Council Meeting December 14, 2010 — Page 9 *-*********** Mayor Adame referred to Item 33 regarding an update on the Las Colonias flood event. Assistant City Manager Johnny Perales explained that the purpose of the presentation was to provide an update on the various efforts completed and underway for relief to residents in the area. Mr. Perales introduced the presentation team including Director of Human Relations Leon Bazar; Director of Engineering Services Pete Anaya; and Las Colonias representatives Simon Hernandez and Abel Chavana. Mr. Perales provided a brief background on the flood event; a definition of terms; and a flood insurance rate map. Mr. Bazar referred to a powerpoint presentation including the subdivision committee members; key actions taken; the short and long term initiatives; and community contributions. Mr. Hernandez thanked City Attorney Valdez, Mr. Bazar, and Mr. Anaya for their efforts and asked for continued support from the Council. Mr. Anaya introduced Carl Crull and Curtis Bitell with HDR Engineering who conducted the analysis of the rain event. Mr. Bitell provided information on the event analysis including the rainfall data; the basin hydrology; resulting peak flows; the La Valla Creek Hydraulics; resulting water surface elevations; and the impact of current or proposed CIP projects. Mr. Anaya provided the Council with long term and follow up considerations. The following topics pertaining to this item were discussed: the status of the application to FEMA and possible uses for the grant funding; appreciation for the community support; and the Enterprise Ditch. ************* Mayor Adame opened discussion on Item 25 regarding Destination Bayfront. Director of Intergovernmental Relations Rudy Garza explained that this item is a resolution endorsing the plan for Destination Bayfront and directing the City Manager to develop an implementation plan and schedule in collaboration with Destination Bayfront and city staff to move the project forward. Mayor Po Tem Scott called for comment from the audience. Rosie Colleen, Executive Director of the Hispanic Chamber of Commerce, presented a resolution on behalf of the Hispanic Chamber of Commerce Board in support of Destination Bayfront. City Secretary Chapa polled the Council for their votes as follows: 25. RESOLUTION NO. 028901 Resolution accepting the Project for Public Spaces' Report called "Placemaking at Destination Bayfront" and endorsing the concepts in the report as a Master Planning document for the redevelopment of the public spaces in the area from McCaughan Park to Sherrill Park as Destination Bayfront and directing City Manager to work with the Destination Bayfront Organizers to develop an appropriate implementation plan and schedule, including the revision of the City's Comprehensive Plan to adopt the Destination Bayfront Concepts. The foregoing resolution was passed and approved with the following vote: Scott, Adler, Elizondo, Kieschnick, Marez, Martinez, and Strong, voting "Aye"; Adame abstained; Leal was absent. * * * * * * * * * * * * * Minutes — Regular Council Meeting December 14, 2010 — Page 10 Mayor Adame referred to Item 24, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1110-02, Thomas S. Mackie, III: A change of zoning from the "R -1B" One -family Dwelling District to the "I-2" Light Industrial District resulting in a change of future land use from a commercial use to a light industrial use. The property to be rezoned is described as approximately 1.972 acres of Calallen Annex, Tract B, located east of the Interstate Highway 37 and approximately 570 feet south of Redbird Lane. Senior Planner Miguel Saldana referred to a powerpoint presentation including the aerial view; the future land use plan; and views of the subject property. Mr. Saldana stated that the Planning Commission and staff recommended denial of the "I-2 Light Industrial District", and in lieu thereof, approval of a "B-4/SP" General Business District with a Special Permit for a tractor trailer storage yard subject to a Site Plan and six (6) conditions. In response to Council Member Kieschnick, Mr. Saldana stated that the letters received in opposition to the zoning change were 1) from a property owner that did not want the area to be commercial and 2) no reason for opposition. Mayor Adame called for comments from the audience. Thomas Mackie, applicant and developer, provided information on the purpose for requesting the zoning change and requested consideration to amend the screening condition to allow moving the screening fence north of the improved area with a 100 foot vegetation buffer. Mr. Scott made a motion to amend condition 4 to allow the screening fence to be installed on the improved property line inside the vegetation area. The motion was seconded by Mr. Kieschnick. The foregoing motion was passed and approved with the following vote: Adame, Adler, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Elizondo was absent. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Kieschnick, and passed. Mr. Chapa polled the Council for their votes as follows: 24. ORDINANCE NO. 028900 Amending the Zoning Ordinance, upon application by Thomas S. Mackie, 111, by changing the Zoning Map in reference to approximately 1.972 acres of Calallen Annex, Tract B, located east of the Interstate Highway 37 and approximately 570 feet south of Redbird Lane at 13142 Interstate Highway 37, from "R-1 B" One -family Dwelling District to "B-4/SP" General Business District with a Special Permit for a storage yard, without resulting in a change of future !and use, but subject to the Site Plan and the following six (6) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing 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: Adame, Adler, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Elizondo was absent. Minutes — Regular Council Meeting December 14, 2010 — Page 11 Mayor Adame opened discussion on Item 26 regarding the Debt Management Policy. Interim Director of Financial Services Constance Sanchez provided a brief overview of the changes to the debt management policy including the policy dealing with how utility relocation costs for bond funded projects will be financed; the expanded definition of tax notes; and disclosing utility costs impacts. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 26. RESOLUTION NO. 028902 Resolution amending the Debt Management Policy for the City of Corpus Christi by amending Section 6.3a regarding utility relocation costs in relation to bond elections, amending Section 6.3g describing Tax Anticipation Notes and Tax Notes, amending Section 15 regarding Tax Compliance, amending Section 16 regarding Capital Improvement Program projects, and by making other non -substantive clarifications, and approving the Debt Management Policy as amended for Fiscal Year 2010-2011. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". Mayor Adame opened discussion on Item 27 regarding Flour Bluff Drive Phases 1 & 2. Director of Engineering Services Pete Anaya referred to a powerpoint presention including a background; project location; the scope of the project; the alternative bid items; congestion mitigation; Alternate No. 7 contingent on agreement between City and Walmart; and the final award recommendation. The following topics pertaining to this item were discussed: negotiations with Walmart regarding the Parkdale Plaza project; the difference between asphalt and concrete; and the hike and bike location. Mayor Adame announced that he would abstain from the vote for this item. City Secretary Chapa polled the Council for their votes as follows 27.a. MOTION NO. 2010-305 Motion authorizing the City Manager or his designee to execute a construction contract with Haas -Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $6,139,638.55 for Flour Bluff Drive, Phase 1 from SPID to Graham, Flour Bluff Drive, Phase 2 from Graham to Don Patricio and Flour Bluff Drive Outfall for Base Bid and Additive Alternates No. 2 and 5. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Scott, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Adame abstained. 27.b. MOTION NO. 2010-306 Motion authorizing the City Manager or his designee to execute Bid Alternate No. 7 with Haas -Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $100,000 for Flour Bluff Drive Phase 1 from SPID to Graham, Flour Bluff Phase 2 from Graham to Don Patricio and Flour Bluff Drive Outfall, subject to the execution of an agreementwith Wal- Mart. Minutes — Regular Council Meeting December 14, 2010 — Page 12 The foregoing motion was passed and approved with the following vote: Scott, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Adame abstained. 27.c. MOTION NO. 2010-307 Motion authorizing the City Manager or his designee to negotiate and execute an agreement with Wal-Mart for the City to phase construction under Bid Alternate No. 7 (to complete Phase 1 within 300 days from the Notice to Proceed). The foregoing motion was passed and approved with the following vote: Scott, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye'; Adame abstained. 27.d. MOTION NO. 2010-308 Motion authorizing the City Manager or his designee to execute a professional engineering materials inspection and testing contract with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas, in the amount of $77,452 for Flour Bluff Drive Phase 1 from SPID to Graham, Flour Bluff Drive Phase 2 from Graham to Don Patricio and Flour Bluff Drive Outfall for Base Bid and Additive Alternates No. 2 and 5. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Scott, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Adame abstained. Mayor Adame opened discussion on Item 28 regarding an amendment to the Operating Budget regarding the number of police officer positions. Assistant City Manager Oscar Martinez explained that this item is related to action the Council took previously on the approval of the collective bargaining agreement with the Corpus Christi Police Officers' Association. Mr. Martinez added that the amendment to the Operating Budget includes adding a Lieutenant position and reducing the number of police officer and senior police officer positions by one. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 28. ORDINANCE NO. 028903 Ordinance changing the FY 2010-2011 Operating Budget adopted by Ordinance No. 028683, regarding the number of police officer positions budgeted, pursuant to Article 13, Section 0 of the agreement between the City of Corpus Christi and the Corpus Christi Police Officers' Association by increasing the number of "Police Lieutenant" positions by one and reducing the number of "Police Officer and Senior Police Officer" positions by one; providing an effective date of December 20, 2010. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". Mayor Adame opened discussion on Item 29 regarding aggressive panhandling in public places. Police Commander Mark Schauer explained that the current ordinance on panhandling does not cover public sidewalks, parking lots, and public right-of-ways. Commander Schauer referred to a powerpoint presentation including the reason for amending the ordinance; associated problems; the Minutes — Regular Council Meeting December 14, 2010 — Page 13 downtown business survey; responses to the survey; Texas Transportation Code 552.007; the current city code; the exceptions to the ordinance; First Amendment rights; the definitions of aggressive panhandling; and enforcement. The following topics pertaining to this item were discussed: whether the ordinance will cover places of worship; tracking the offenders in the RMS system; updating the progress for interfacing the RMS system with Municipal Court; and charitable solicitation regulations and permitting. Mayor Adame called for comments from the audience. James Mobley expressed concern with panhandling and the safety of holding meeting at City Hall. Dr. Mobley spoke in support of this amendment. David Loeb, 522 Hancock, spoke on behalf of the Downtown Management District members in support of the ordinance. Joan Veith, 5701 Cain Drive, encouraged support for this ordinance. City Secretary Chapa polled the council for their votes as follows: 29. FIRST READING ORDINANCE Amending Section 38-46, Code of Ordinances, City of Corpus Christi, by adding a new section (i) to regulate aggressive panhandling in public places and by providing that a culpable mental state is not required; providing for penalties; and providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". Mayor Adame called for petitions from the audience. Mike Crider, 4402 Hart Road, spoke regarding the City Manager not allowing an organization to use a public facility to hold a fundraiser for Animal Control. John Kelley, 413 Waco, welcomed Council Member Strong and expressed concern regarding the privatization of the turf and ground maintenance at Bayfront Park and medians. Brian Watson, 5813 Hugo Drive, spoke regarding the Federal Reserve and the appointments to the Port of Corpus Christi Authority. Ridge Hammons, 6617 Bent Trail, invited the Council to participate in the "Putting with the Politicians" event to assist the Hammonds Education Leadership Program (HELP). Marco Gambo, 1302 Saratoga, spoke regarding the City's termination of the contract after the flooding event for his property. Joe Deeds, Statewide Wrecker Services, thanked the Police Department for their work on the towing services ordinance and expressed concern regarding issues within the drafted ordinance. Oscar Lomas, Lone Star Wrecking Services, asked the Council to allow for additional time for the operators to resolve issues within the ordinance. Paul Garza, Abe's Towing, urged the Council to give the operators more time to review the ordinance. Norma Rivera, President of the Coastal Bend Towing Association and owner of Texas Wrecker Service, also asked for three (3) months to discuss the changes within the industry and state associations. Laurie Cole, Secretary of the Coastal Bend Towing Association, stated that the operators need more time to review the ordinance and the affect the changes will have on the towing companies. Sally Rodriguez, Ace -1 Wrecker Services, asked for additional time to review the ordinance and a compliance period of 60 to 90 days. Mayor Adame opened discussion on Item 30 regarding operation of golf carts on Mustang and Padre Island. Police Commander Mark Schauer referred to a powerpoint presentation including Minutes — Regular Council Meeting December 14, 2010 — Page 14 the purpose of the revision; the current state law; the language in the current ordinance; the proposed amendments; and exceptions to the ordinance. The following topics pertaining to this item were discussed: crossing Park Road 22 in designated area; permits for golf carts; whether there will be specific crossing areas; consideration to expand in the downtown area and North Beach; requirements for driving a golf cart; and whether the open container law applies to golf carts. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 30. FIRST READING ORDINANCE Amending Section 53-109, Code of Ordinances, City of Corpus Christi, regarding operation of golf carts on Mustang and Padre Island, providing for penalties, and providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Kieschnick was absent. Mayor Adame opened discussion on Item 30.1. regarding an agreement between the Corpus Christi Business and Job Development Corporation and Texas A & M University — Corpus Christi (TAMU-CC). Emily Martinez, Corpus Christi Regional Economic Development Corporation, explained that this item is a request for approval of a business incentive agreement between the Corpus Christi Business and Job Development Corporation and TAMU-CC in the amount of $1 million payable over a 5 -year period for the use of research laboratories. Ms. Martinez introduced Dr. Trent Hill and Dr. Luis Sifuentes with TAMU-CC and Rick Bell with the Business Innovation Center who were available to respond to questions. Ms. Martinez provided a brief overview of the request made to the Type A Board; the performance and reporting requirements; and the funding match from the Texas Development Grant funds in the amount of $1 million. Ms. Martinez also provided an economic impact report and return on investment that was requested by the Type A Board. Dr. Hill explained that the last legislative session, there was an initiative to create emerging research universities in the state of Texas. Dr. Hill reported that there are currently only two (2) Type 1 research universities in Texas. Dr. Hill added that TAMU-CC has been identified to be recognized as an emerging research university and challenged to double its annual grant expenditures by 2015. Dr. Sifuentes stated that the request is to build laboratory capacity and overall program at the university and the funding will enable TAMU-CC to compete for research intensive facility, cutting edge research and lead to business opportunities. Dr. Sifuentes said he will insist that the faculty meet with Mr. Bell at the Innovation Center to learn the mechanisms of commercializing intellectual properties. Mr. Bell provided an update of the success of the Incubator program. The following topics pertaining to this item were discussed: the flexibility of TAMU-CC to spend the funding on laboratories; the reason for the five-year agreement; concerns that the Type A funds should be used for economic development; support for TAMU-CC over the years; changing the policy for authorizing Type A funds; the allowable uses for Type A funds; a money management policy for the funds; the funding match from the state; the business incubator; how other universities get laboratories; whether there is a requirement that researchers get other funding; reporting on an annual basis; whether Type A funds can be used to fix streets; and the ballot language. Minutes — Regular Council Meeting December 14, 2010 — Page 15 Mayor Adame called for comments from the audience. Eloy Salazar, Chairman of the Corpus Christi Business and Job Development Corporation, stated that the ballot language states that Type A funds can be used on the following projects including education and development; business development incubation; and job creation. In response to Council Member Martinez, Mr. Salazar said that the Type A Board felt that the program is the highest and best use for the funds and that the University has always exceeded expectations and met their goals. Abel Alonzo, 1701 Thames, stated that TAMU-CC has always exceeded expectations and urged the Council to support the Type A funds on behalf of the community. Mayor Adame requested a presentation on the present commitments of the Type A funds; the fund balances; and a discussion on the policy for using the Type A funds. City Secretary Chapa polled the Council for their votes as follows: 30.1.a. RESOLUTION NO. 028904 Resolution approving a Business Incentive Agreement for expanding, renovating and equipping research laboratories between the Corpus Christi Business and Job Development Corporation and Texas A & M University — Corpus Christi ("TAMU-CC"), which provides a grant of up to $1,000,000, for expanding its research activities at TAMU-CC 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 TAMU-CC Business Incentive Agreement for expanding, renovating and equipping research laboratories. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Kieschnick was absent. 30.1.b. ORDINANCE NO. 028905 Ordinance appropriating $1,000,000 from the Unreserved Fund Balance in the No. 1140 Business/Job Development Fund for a grant from the Corpus Christi Business and Job Development Corporation to Texas A & M University — Corpus Christi for expanding, renovating and equipping research laboratories at TAMU-CC; changing the FY 2010-2011 Operating Budget, adopted by Ordinance No. 028252 by increasing proposed expenditures by $1,000,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Kieschnick was absent. Item 30.2. was withdrawn by staff. 30.2.a. WITHDRAWN retontion of jobs. Minutes — Regular Council Meeting December 14, 2010 — Page 16 30.2.b. WITHDRAWN Mayor Adame opened discussion on Item 30.3. regarding turf and ground maintenance services at Bayfront Parks and Medians. Director of Parks and Recreation Michael Morris introduced the presentation team including Assistant Director of Parks and Recreation Stacie Talbert; Assistant Director of Budget Eddie Houlihan; Assistant Director of Financial Services Michael Barrera; Assistant City Attorney Lisa Aguilar; Director of Human Resources Cynthia Garcia; and Assistant City Manager Margie Rose. Mr. Morris referred to a powerpoint presentation including the rationale for privatization; current maintenance operation in tourist district; current staffing and mowing cycle; procurement process; the privation groups areas; savings; considerations; and recommendations. The following topics pertaining to this item were discussed: increase of mowing frequencies; how a San Antonio company was able to bid the project cheaper than local contractors; conversations with local companies for ways to change the bidding process in the future to lower costs; the total savings; management of the contract; secondary contracts; whether there is a uniform/dress code requirement; the reduction in force (RIF) policy; mowing during winter months; if staff is aware of the reasons that 97 contractors did not respond to the request for proposal (RFP); whether the contract includes care for restrooms in Group A; special events cleanup; the age of the equipment and redistribution of equipment; responses to short term request and emergency needs; the responsibility of palm tree trimming; if there is was a pre-bid meeting for contractors; and vacation of the warehouse. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 30.3.a. MOTION NO. 2010-309 Motion authorizing the City Manager or his designee to execute a contract with Alamo Lawn Care, LLC of Corpus Christi, Texas, based on multiple progressive awards, in the amount of $72,990, of which $40,560 is required for FY 2010-2011, to provide turf and grounds maintenance services at Bayfront Parks and Medians for Groups 1 a and 2. The term of the contract will be for twelve months with the option to extend the contract for up to four additional twelve month periods, subject to the approval of the City Manager or his designee. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting 'Aye"; Kieschnick was absent. 30.3.b. MOTION NO. 2010-310 Motion authorizing the City Manager or his designee to execute a contract with D -Bar Contractors of San Benito, Texas, based on multiple progressive awards, in the amount of $155,146.80, of which $89,369.60 is required for FY 2010-2011, to provide turf and grounds maintenance services at Bayfront Parks and Medians for Groups 4, 5 and 6. The term of the contract will be for twelve months with the option to extend the contract for up to four additional twelve month periods, subject to the approval of the City Manager or his designee. Minutes — Regular Council Meeting December 14, 2010 — Page 17 The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Kieschnick was absent. 30.3.c. MOTION NO. 2010-311 Motion authorizing the City Manager or his designee to execute a contract with Maldonado Nursery and Landscaping of San Antonio, Texas, based on multiple progressive awards, in the amount of $58,223, of which $37,988 is required for FY 2010-2011, to provide turf and grounds maintenance services at Bayfront Parks and Medians for Groups 1 and 3. The term of the contract will be for twelve months with the option to extend the contract for up to four additional twelve month periods, subject to the approval of the City Manager or his designee. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Kieschnick was absent. Council Member Martinez referred to Item 30.1. and clarified that the ballot language for the Type A funding that the voters supported stated "new and expanded business enterprises in the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of 1/8 of one percent to be imposed on for 15 years". Ms. Martinez explained that Assistant City Attorney Jay Reining and Eloy Salazar were referring to the resolution breakdown. * * * * * * * * * * * * * MayorAdame referred to the presentations on the day's agenda. MayorAdame announced that Item 31 regarding a presentation on Corpus Christi Intercity Visit to Oklahoma City is postponed. 31. POSTPONED e . e___ __ ___ e El MayorAdame referred to Item 32 regarding an update from the Regional Health Awareness Board Activity. Dr. James Mobley, Chair of the Regional Health Awareness Board, provided a brief overview of the activities of the Regional Health Awareness Board including the membership from the City of Corpus Christi; the addition of a part-time administrator; air quality and ground quality monitoring in the Dona Park and Hillcrest area; birth defects study; and asthma awareness. MayorAdame referred to Item 34 regarding an overview of proposed revisions to the existing ordinance governing towing services. Police Captain James Brandon referred to a powerpoint presentation including what the ordinance entails; the rotation wreckers; state law; the purpose of the revisions; timeline; the proposed changes; the concerns of the wrecker companies; and conclusion. The following topics pertaining to this item were discussed: the first reading scheduled for January 11th; heavy wrecker fees; the length of time it takes a towing company to clear area when there is an accident; the responsibility of the companies to provide drug test results; and subcontractor fees. * * * * * * * * * * * * * Minutes — Regular Council Meeting December 14, 2010 — Page 18 Mayor Adame encouraged to the Council to read the "Soul of the Community Study" that he provided. City Manager Escobar wished a Merry Christmas to the Council. There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 7:06 p.m. on December 14, 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 December 14, 2010, which were approved by the City Council on January 11, 2011. WITNESSETH MY HAND AND SEAL, on this the 11th day of January, 2011. Armando Chapa City Secretary SEAL