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HomeMy WebLinkAboutMinutes City Council - 02/10/2009I 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 February 10, 2009, which were approved by the City Council on March 10, 2009. WITNESSETH MY HAND AND SEAL, on this the 10th day of March, 2009. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 10, 2009 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Michael McCutchon Council Members: Melody Cooper Larry Elizondo, Sr. Mike Hummell* Bill Kelly Priscilla Leal John Marez Nelda Martinez City Staff: City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa *Arrived at 3:45 p.m. Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Darrell Tomasek with Lexington Baptist Church and the Pledge of Allegiance to the United States flag was led by Council Member Larry Elizondo. 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 Garrett called for approval of the minutes of the regular Council meetings of January 20, 2009 and January 27, 2009. A motion was made and passed to approve the minutes as presented. ************ Mayor Garrett referred to Item 2 and the following board appointments were made: Building Standards Board Gregory T. Perkes (Appointed) Community Youth Development (78415) Program Steering Committee Sal Hernandez (Appointed) Angela Cantu (Appointed) C.C. Aquifer Storage and Recovery Conservation District - (Confirmation of Officers) Oscar Martinez, President Margie Rose, Vice President Fred Segundo, Secretary Library Board Michael Flores (Reappointed) Lawrence Jordan (Appointed) Dr. Stuart Elovitz (Appointed) Barbara Head (Appointed) Natalie Rogen (Appointed) Minutes — Regular Council Meeting February 10, 2009 — Page 2 Transportation Advisory Committee Sheila Cudd (Appointed) * * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 3 - 21). Several citizens requested that Item 21 be pulled for individual consideration. Council members requested that Items 9, 12, and 14 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2009-025 Motion approving a supply agreement with Labatt Food Service, of Corpus Christi, Texas in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-9-1 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $75,642.74. The terms of the contracts will be for six months with an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY 2008-2009. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. 4. MOTION NO.2009-026 Motion approving the purchase of 322,000 rounds of ammunition from GT Distributors, Inc., of Austin, Texas in accordance with Bid Invitation No. BI -0070-09 based on low bid for a total amount of $78,795.44. The ammunition will be used by the Police Department. Funding is available in the Police Department's operational budget and the Justice Assistance Grant. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. 5. MOTION NO. 2009-027 Motion approving a service agreement with McNeilus Truck and Manufacturing Co., of Hutchins, Texas for the refurbishment of five (5) auto -reach side loader packer bodies for an estimated amount of $229,520.80. Funding is available in the operations budget of the Solid Waste Department. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. 6.a. RESOLUTION NO. 028040 Resolution authorizing the City Manager or his designee to accept a grant of $5,900 from the Texas Department of State Health Services to perform Influenza Testing on clinical specimens submitted from hospitals and clinics throughout the service area and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. Minutes — Regular Council Meeting February 10, 2009 — Page 3 6.b. ORDINANCE NO. 028041 Ordinance appropriating a grant of $5,900 from the Texas Department of State Health Services in the No.1066 Health Grants Fund to perform Influenza Testing on clinical specimens submitted from hospitals and clinics throughout the service area. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. 7.a. RESOLUTION NO. 028042 Resolution authorizing the City Manager or his designee to accept a grant of $102,276 from the Texas Department of State Health Services to provide for the elimination and control of tuberculosis and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. 7.b. ORDINANCE NO. 028043 Ordinance appropriating a grant of $102,276 from the Texas Department of State Health Services in the No.1066 Health Grants Fund to provide for the elimination and control of tuberculosis. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. 8.a. RESOLUTION NO. 028044 Resolution authorizing the City Manager or designee to accept a $711,038 grant awarded by the Area Agency on Aging of the Coastal Bend for the FY 2009 Senior Community Services, Elderly Nutrition Program. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. 8.b. ORDINANCE NO. 028045 Ordinance appropriating a $711,038 grant from the Area Agency on Aging of the Coastal Bend in the No.1067 Parks and Recreation grants fund for the FY 2009 Senior Community Services, Elderly Nutrition Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. 8.c. RESOLUTION NO. 028046 Resolution authorizing the City Manager or designee to accept a $254,079 grant awarded by the Texas Department of Aging and Disability Services for the FY 2009 Senior Community Services, Title XX Meals on Wheels Program. Minutes — Regular Council Meeting February 10, 2009 — Page 4 The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. 8.d. ORDINANCE NO. 028047 Ordinance appropriating a $254,079 grant from the Texas Department of Aging and Disability Services in the No. 1067 Parks and Recreation grants fund for the FY2009 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: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. 10. ORDINANCE NO. 028061 Ordinance authorizing the City Manager or his designee to execute a lease with the Corpus AF2 Football, LLC (Corpus Christi Sharks) for the Merriman-Bobys House in Heritage Park for business operations through July 31, 2009, in consideration of monthly rental payment of $500 plus 25 percent (25%) of merchandise sales. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. 11. RESOLUTION NO. 028062 Resolution authorizing the City Manager, or his designee, to execute the Second Amendment to the contract between the Corpus Christi Business and Job Development Corporation and John Mikulencak, dba Extreme Homes Of Texas, for New Construction Homebuyers Assistance Project by extending the term of the Program Agreement. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. 13. MOTION NO. 2009-028 Motion authorizing the City Manager or his designee to execute an annual joint funding agreement with the United States Geological Survey (USGS), U.S. Department of the Interior, to gather and maintain accurate records of all inflows and releases in the reservoir system as per Texas Water Rights Permit No. 3358 and for the continuation of surface water quality data collection by the USGS. The City will contribute an amount of $319,380, out ofa total project cost of $378,155 during the federal fiscal year October 1, 2008 through September 30, 2009. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. 15.a. MOTION NO. 2009-030 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with RVE Inc. of Corpus Christi, Texas, in the amount of $549,830 for the Street Overlays Group 1 project for the following streets: [BOND ISSUE 2008] Minutes — Regular Council Meeting February 10, 2009 — Page 5 • Agnes from Crosstown to Port Avenue • Laredo from Crosstown to Agnes • Wood River from FM 624 to Guadalupe • Wood River from Guadalupe to Beal • Horne from Port Avenue to Greenwood • Tarlton Street from Ayers to Crosstown • Kostoryz Street from SPID to Holly The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. 15.b. MOTION NO. 2009-031 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, LP, of Corpus Christi, Texas, in the amount of $552,210 for the Street Overlays Group 2 project for the following streets: [BOND ISSUE 2008] • Glen Oak from Flour Bluff Drive to Waldron • Hustlin' Hornet from Debra to Laguna Shores • Whitecap from Park Road 22 to Gulf of Mexico • Flato Road from Bear Lane to Bates • Wooldridge Road from Quebec to Oso Parkway • Yorktown from Waldron to Laguna Shores The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye'; Hummell was absent. 16. MOTION NO. 2009-032 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with LNV, Inc. of Corpus Christi, Texas, in the amount of $705,242 for the Elevated Water Storage Tanks — City -Wide project for design, bid and construction phase services of three elevated water storage tanks. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. 17. MOTION NO. 2009-033 Motion authorizing the City Manager or his designee to execute a construction contract with H&G Contractors of Corpus Christi, Texas, in the amount of $211,425.10 for the Till Creek Drainage Basin (Douglas Subdivision Area) Improvements Project, Phase 2. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. 18. MOTION NO. 2009-034 Motion authorizing the City Manager, or his designee, to execute a geotechnical services agreement with Kleinfelder, Inc. of Corpus Christi, Texas in an estimated amount not to exceed $153,400.00 for the Cefe Valenzuela Landfill Groundwater Monitoring and Sampling Agreement - 2009. Minutes — Regular Council Meeting February 10, 2009 — Page 6 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. 19. MOTION NO. 2009-035 Motion authorizing the City Manager, or his designee, to execute Amendment No. 7 to an engineering services contract with Chiang, Patel & Yerby, Inc. of Dallas, Texas in the amount of $67,314.00 for a restated not to exceed fee of $399,990 for construction and post construction phase services during construction of Disposal Cell 4B and Storm Water Pond 1 at Cefe Valenzuela Landfill. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. 20. MOTION NO. 2009-036 Motion authorizing the City Manager, or his designee, to execute an architectural services contract with CLK Architects & Associates, Inc. in an amount of $214,592, for the Greenwood Softball Complex Project for design, bid and construction phase services. [BOND ISSUE 2008] The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. Mayor Garrett opened discussion on Item 9 regarding sports league contracts for leasing City property. Director of Parks and Recreation Sally Gavlik, Park and Recreation Superintendent Ronnie Sepulveda, and Assistant City Attorney Lisa Aguilar were available to respond to questions. The following topics pertaining to this item were discussed: the ending term dates; whether the lessee is responsible for paying utilities; inspection of the fields; changing the ending date to 2014; discussions with the leagues regarding an extension of the lease; the leases that expire this year; termination clauses; the obligations required by the City for the fields to be ADA compliant; the number of leases; fields built on landfills; monitoring of the closed landfills by the Texas Commission on Environmental Quality (TCEQ) or the City's Environmental Department; capping of closed existing landfills; whether the properties where ball fields are placed where cleared by TCEQ or another agency; whether the City has ever received a report of any environmental problems on these fields; and if the City has alternative fields should the ball fields be placed out of service. City Secretary Chapa polled the Council for their votes as follows: 9.a. ORDINANCE NO. 028048 Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Great Western Soccer League, a non-profit organization, for the use of Terry and Bobby Labonte Park for its soccer program to end in January 2014. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No"; Hummell was absent. Minutes — Regular Council Meeting February 10, 2009 — Page 7 9.b. ORDINANCE NO. 028049 Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Padre Youth Football League, a non-profit organization, for the use of Bill Witt Park for its football program to end in January 2010. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No"; Hummell was absent. 9.c. ORDINANCE NO. 028050 Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Corpus Christi and Coastal Bend Football League, a non-profitorganization, for the use of Botsford Park for its football program to end in January 2014. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No"; Hummell was absent. 9.d. ORDINANCE NO. 028051 Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Corpus Christi Senior Softball Association, a non-profit organization, for the use of Kiwanis Park for its softball program to end in January 2011. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No"; Hummell was absent. 9.e. ORDINANCE NO. 028052 Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with South Texas Association for Radio Controlled Automobile Racing (STARCAR), a non- profit organization, for the use of Bill Witt Park for its Radio Controlled Car program to end in January 2014. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No"; Hummell was absent. 9.f. ORDINANCE NO. 028053 Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Universal Little League, a non-profit organization, for the use of Greenwood/Horne Road Youth Sports Complex for its baseball program to end in January 2012. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No"; Hummell was absent. Minutes — Regular Council Meeting February 10, 2009 — Page 8 9.g. ORDINANCE NO. 028054 Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Southside Little Miss Kickball League, a non-profit organization, for the use of 4200 McArdle Road for its kickball program to end in January 2011. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No"; Hummell was absent. 9.h. ORDINANCE NO. 028055 Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Southside Youth Sports Complex, a non-profit organization, for the use of Price Park for its baseball program to end in January 2014. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No"; Hummell was absent. 9.i. ORDINANCE NO. 028056 Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Sparkling City Girls Fast Pitch League, a non-profit organization, for the use of Greenwood/Horne Road Youth Sports Complex for its softball program to end in January 2012. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No"; Hummell was absent. ORDINANCE NO. 028057 Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with International Westside Baseball League, a non-profit organization, for the use of Greenwood/Horne Road Youth Sports Complex for its baseball program to end in January 2012. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No"; Hummell was absent. 9.k. ORDINANCE NO. 028058 Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Corpus Christi United Little Miss Kickball League, a non-profit organization, for the use of Bill Witt Park for its kickball program to end in January 2014. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No"; Hummell was absent. Minutes — Regular Council Meeting February 10, 2009 — Page 9 9.1. ORDINANCE NO. 028059 Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Padre Soccer League, a non-profit organization, for the use of Bill Witt Park for its soccer program to end in January 2013. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No"; Hummell was absent. 9.m. ORDINANCE NO. 028060 Ordinance authorizing the City Manager, or his designee, to amend the lease agreement with Santa Fe Soccer League, a non-profit organization, for the use of South and North Pope Park for its soccer program to end in January 2014. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No"; Hummell was absent. Mayor Garrett opened discussion on Item 12 regarding salary increases for municipal court judges. Council Member Marez thanked Council Members McCutchon, Martinez, and Elizondo and Judge Rodolfo Tamez, Director of Human Resources Cynthia Garcia, and Assistant City Manager Oscar Martinez for working to find a solution to making the municipal court judges' salaries comparative to other cities. In response to Council Member Leal, Ms. Garcia stated that staff would provide her with the balance of the reserve fund. City Secretary Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 028063 Ordinance to implement the following Salary Increases for the Municipal Court Judges: Presiding Judge - 2.5% effective May 25, 2009; Municipal Court Judges - 3.5% effective February 16, 2009 and 6.5% effective May 25, 2009. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Hummell were absent. Mayor Garrett opened discussion on Item 14 regarding Packery Channel Improvements Phase 2 — Parking and Overlooks. Council Member McCutchon asked when Phase 1 would be complete. City Manager Escobar stated that Phase 1 of the project would be completed six (6) months after the contract is awarded. Dr. McCutchon asked questions regarding the reason that the other phases were not being proposed at this time since funding is available. City Manager Escobar said staff was waiting on the bid costs for Phase 2. Dr. McCutchon suggested including more parking areas on the south side of the jetty. In response to Dr. McCutchon, Director of Engineering Pete Anaya stated that staff delayed construction activity because there is concern that construction in the area might disturb the nesting grounds of the Kemp Ridley Sea Turtle. A brief discussion ensued regarding the hurricane season and phasing construction. Council Member Kelly asked questions regarding the projections for making tax increment financing (TIF) payments. Interim Assistant City Manager Cindy O'Brien explained that there is funding available for projects however the City needs to continue to be conservative. Minutes — Regular Council Meeting February 10, 2009 — Page 10 Dr. McCutchon asked for concurrence from the Council to ask staff to bring back Phase 4 as an agenda item. There was a concurrence from the Council. Council Member Kelly asked staff to include projections that demonstrate how the City will meet the dredging/maintenance requirements and the financial requirements to lenders. City Secretary Chapa polled the Council for their votes as follows: 14. MOTION NO. 2009-029 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of $152,806 for the Packery Channel Phase 2 project for design, bid and construction phase services for the parking and overlooks at the Channel. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Hummel) were absent. Mayor Garrett opened discussion on Item 21 regarding the abandoning and vacating of an alley adjacent to and northeast of the Playa Del Rey public right-of-way. Interim Assistant City Manager for Development Services Johnny Perales explained that this item was the continuation of the second reading of the ordinance on the closure of an existing alley way on Playa Del Rey near Packery Channel Park. Mr. Perales provided a brief overview of the first reading and the original second reading in December. Mr. Perales stated that the applicants met with the neighborhood and have come up with an alternate access route to the park from the subdivision. Bryan Johnson, 14257 Playa Del Rey, said the neighborhood has been trying to work on a compromise and that three property owners purchased their property because of the access to the park. Gary McCoig, 14253 Playa Del Rey, stated that his family uses the alley way regularly and said he would like to see a larger easement with more access. Bryan Gulley, applicant, said he and Mr. Easton have been working on a compromise with the neighborhood and the only concern was the size of the alternate access. Mr. Gulley provided a description of the alternate access route. Diana Dodson, 14614 Villa Maria Isabella, said she supported access to the park for the public and expressed concern regarding the alternate access. Peggy Shirley spoke in opposition of closing the current easement but does support working on an alternative plan. Jerry Eaton, applicant, provided information on the neighborhood meeting and the compromise. Bob Johnson, 4802 Everhart, said he was not aware of the alternative plan and spoke in opposition to the closure. Shannon Gulley, property owner, spoke in support of the compromise and stated that she felt the alternative access is more secure. Patrick Crowley said he was not aware of the new proposal and would like the current alley to remain open. Al Lizukowski, 14618 Villa Maria Isabel, stated that he is granting the alternative access on his property to benefit the community. Mr. Lizukowski spoke regarding the criminal activity in the subdivision due to the current alley access. The following topics pertaining to this item were discussed: the condition of the three (3) feet surface rights with no above ground obstructions within one (1) horizontal foot of either side of the easement; the width of ADA accessible sidewalks; whether the existing and alternate alleys would be ADA compliant; the width of the proposed access; maintenance of the alternative access; security of the alternative access; traffic; the age of the subdivision; and the compromise with the neighborhood. Dr. McCutchon made a motion to add another condition to have the City erect a sign designating access to Packery Channel at the new easement on Villa Maria Isabel between Mr. Eaton and Mr. Lizukoswki's properties. The motion was seconded by Mr. Kelly. Minutes — Regular Council Meeting February 10, 2009 — Page 11 The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Hummell were absent. Dr. McCutchon made a motion to accept the proposed ordinance with the amendment to add condition 6 to erect a sign designating access to Packery Channel. The motion was seconded by Ms. Martinez. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Hummell were absent. City Secretary Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 028064 Second Reading Ordinance -Abandoning and vacating a 2,701.10 -square foot portion of a 10 -foot wide undeveloped and unsurfaced, dedicated public alley right-of-way, located between Lots 12 & 13, Block 43, Padre Island No. 2, adjacent to and northeast of the Playa Del Rey public right-of-way; subject to owner's compliance with specified conditions. (First Reading - 11/18/08) The foregoing ordinance was passed and approved on its second reading as amended with the following vote: Garrett, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Hummell were absent. Mayor Garrett called for a brief recess to present proclamations and listen to public comment. Mayor Garrett called for petitions from the audience. Wilson Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas Plant. Susie Luna Saldana, 4710 Hakel, asked the Council to consider the impact of the Las Brisas Plant on the health of the community and the environment. Bob Algeo, 15629 Three Fathoms Bank Drive, spoke regarding the Las Brisas Plant and the Memorial Coliseum. Yvonne San Miguel spoke regarding a bar near an elementary school near Highland Avenue and expressed concern for the children and safety of the citizens in the area. R. Medina, 5413 Cain, spoke regarding code enforcement violations at a building near his home. Mayor Garrett called a brief recess until 1:00 p.m. Mayor Garrett opened discussion on Item 22 regarding the adaptive reuse of the Memorial Coliseum. Mayor Garrett provided a background of the establishment of the Memorial Coliseum Committee and the Request for Proposal (RFP) process. Director of Economic Development Irma Caballero introduced the presentation team including Joseph Prevratil, John DeCurr, and Director of Engineering Pete Anaya. Ms. Caballero also recognized members of the Memorial Coliseum Committee in attendance. Ms. Caballero provided information on this item including a history of the committee; responses from the public; review and assessment of the surveys; consideration of an adaptive reuse of the building and mixed use development; hiring of PKF Consulting; Request for Qualifications (RFQ) and RFP issuance; the verbal presentations from NRP and Leisure Horizons to Minutes — Regular Council Meeting February 10, 2009 — Page 12 the Memorial Coliseum Committee; a review of the reference checks on Mr. Prevratil; additional background checks on Leisure Horizons; and the committee's recommendation to authorize staff to begin negotiations with Leisure Horizons. Ms. Caballero added that Leisure Horizon's proposals includes mixed use entertainment attractions; food and beverages; meeting spaces; special events; public market; exhibition space; special effects theatre; electronic, computerized games area; banquet rooms; merchandise pier; and a water identifier at the entrance to memorialize those who died in World War II and later wars. Ms. Caballero commented on the other project considerations to move the Ice Rays from the arena to the coliseum and U.S. Olympic Swimming project. Ms. Caballero reported on the costs associated with Phases I and II from Leisure Horizon's and City; the consideration of a 380 agreement; possible Hotel Occupancy Tax (HOT) agreements; and the economic impact report. Mr. Prevratil and Mr. DeCurr referred to a powerpoint presentation including the City's seven goals for the project; map of the bayfront master plan; development of another anchor in downtown; market analysis; the concept for the site; the design; core elements; another critical element; benefits to the City; diagram of the site; design of the facility; facility expansion; attraction elements; the memorial fountain fagade; passport plaza/orientation center; lobby pre -show exhibition area; SFX Theater; exhibition hall; arena pavilion; ice rink; interactive gaming; food and merchandise; themed merchandise; carousel; community services; banquet and meeting rooms; first year projects; and Phase 11 considerations. The following topics pertaining to this item were discussed: estimated costs for demolition; distinguishing between current and projected new sales tax revenue; proposal to repay sales tax; an explanation of the Queen Mary project and bankruptcy; definition of a rent credit; conclusion from bankruptcy trustee Howard Ehrenberg; potential of the Regional Transportation Authority (RTA) ferry transporting from the U.S.S. Lexington to the Coliseum; the reason Mr. Prevratil selected Corpus Christi for a new venue; establishing a smaller -seated arena; the pier concept; the cruise ships; the location of the ice skating ring; the estimated number of visitors and cost annually; the 380 agreement; setup of the arena and the types of venues; and communications with SMG regarding the American Bank Center. Mr. Kelly made a motion to authorize staff to enter into negotiations with Leisure Horizons, Inc., regarding the refurbishing and adaptive reuse of the Memorial Coliseum. The motion was seconded by Ms. Martinez. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 22.b. MOTION NO. 2009-037 Motion authorizing staff to enter into negotiations with Leisure Horizons, Inc. regarding the refurbishing and adaptive reuse of Memorial Coliseum. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez voting "Aye"; Cooper and Hummell were absent. Mayor Garrett opened discussion on Item 23 regarding the selection of bond counsel services. Interim Director of Financial Services Constance Sanchez explained that this item is a motion recommending the approval of McCall, Parkhurst & Horton, LLP as bond counsel for the City of Corpus Christi for a five year term. Ms. Sanchez introduced the presentation team including Interim Assistant City Manager Cindy O'Brien, Assistant City Attorney Lisa Aguilar, Jeff Leuschel and Noelle Valdez with McCall, Parkhurst & Horton, LLP. Ms. Sanchez provided a brief overview of Minutes — Regular Council Meeting February 10, 2009 — Page 13 the requirements to select legal counsel for issuance of public securities; the Request for Qualification process; the firms that responded to the RFQ; the formation of an evaluation committee; the evaluation process; the top three firms chosen; the committee and staffs recommendations; and staffs reasons for selecting McCall, Parkhurst & Horton, LLP. Interim Assistant City Manager O'Brien spoke regarding the history of services provided by McCall, Parkhurst & Horton, LLP. Ms. Aguilar also stated that McCall, Parkhurst & Horton, LLP has always been responsive to the needs of the City. Dr. McCutchon made a motion to select Fulbright & Jaworski, LLP to perform bond counsel services. The motion was seconded by Mr. Marez. The following topics pertaining to this item were discussed: pricing for the Packery Channel bonds; previous work history performed by McCall, Parkhurst & Horton; whether any of the firms are local; the number of employees with William T. Avila, PC; fee arrangements if the Council chose another firm; and whether fee structures were discussed during the interview process. Dr. McCutchon amended his motion to select Fulbright & Jaworski, LLP to perform bond counsel services, subject to negotiations. The amendment was accepted by Mr. Marez. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 23. MOTION NO. 2009-038 Motion selecting Fulbright & Jaworski, LLP to perform bond counsel services for the City of Corpus Christi, subject to negotiations. The foregoing motion was passed and approved as amended with the following vote: Elizondo, Hummell, Leal, McCutchon, and Marez, voting "Aye"; Garrett, Kelly, and Martinez, voting "No"; Cooper was absent. Mayor Garrett opened discussion on Item 24 regarding the appointment of the financing team for the Utility System Revenue Improvement Bonds, Series, 2009. Interim Assistant City Manager Cindy O'Brien explained that staff might have to come back with this item based on the negotiations with Fulbright & Jaworski, LLP. Ms. O'Brien introduced Christopher Allison with M.E. Allison and Bob Henderson with RBC Capital Markets who were available to respond to questions. The following topics pertaining to this item were discussed: whether the bond counsel selects the financial team; use of local businesses; the reason staff recommended RBC Capital Markets; selecting banks based on ratings and history; whether there are any guidelines or formal policies in selecting firms; distribution of interest rates; if all of the banks are involved in selling the bonds; whether there have been different interest rates amongst Co -Managers or Senior Managers on previous bond issues; table of interest rates; how one entity can provide a better deal for the city than another; the book running senior; if each financial group is compensated differently and how that is determined; whether the City has used RBC Capital before; other senior managers the City has used; the reasons that Morgan Stanley and J.P. Morgan were selected in 2004 and 2005 over RBC; whether Frost Bank or Wells Fargo has been a senior manager before; if the City has not been able to sell bonds; re -pricing; terms of the Senior Manager agreement regarding the unsold balances; whether the financial circumstance of the City dictates the sale of bonds; and developing a rotation system for the financial institutions. Minutes — Regular Council Meeting February 10, 2009 — Page 14 Mr. Marez made a motion the amend the staff recommendation by authorizing the appointment of M. E. Allison as Financial Advisor; Frost Bank as Senior Manager; RBC Capital Markets, Estrada Hinojosa & Company, Inc., Siebert Brandford Shank & Company, LLC, Southwest Securities, and Wells Fargo Brokerage Services, LLC as Co -Managers; and Fulbright & Jaworski, LLP as Bond Counsel, subject to negotiations, for City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2009. The motion was seconded by Mr. Elizondo. There were no comments from the audience. City Secretary Chapa polled the Council for their votes on the motion as amended as follows: 24. MOTION NO. 2009-039 Motion authorizing the appointment of M. E. Allison as Financial Advisor; Frost Bank as Senior Manager; RBC Capital Markets, Estrada Hinojosa & Company, Inc., Siebert Brandford Shank & Company, LLC, Southwest Securities, and Wells Fargo Brokerage Services, LLC as Co -Managers; and Fulbright & Jaworski, LLP as Bond Counsel, subject to negotiations, for City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2009. The foregoing motion was passed and approved as amended with the following vote: Garrett, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly voting "No"; Cooper was absent. ************* Mayor Garrett referred to Item 25 regarding a presentation on the proposed Freight Shuttle System. Gary Bushell, Gulf Coast Strategic Highway Coalition presented information including a background on the Gulf Coast Strategic Highway Coalition; connectivity between Killeen, Fort Hood, and the Port of Corpus Christi; the agreement between the Port and the Freight Shuttle Corporation; the Universal Freight Shuttle System components; and the Freight Shuttle Development Corporation. Mr. Bushell requested that the Council consider passing a resolution stating that the Council has seen the concept; that the City would like to see development continue; and request shuttle service connectivity. The following topics pertaining to this item were discussed: routes; passenger use; and whether the shuttle is manned. Ms. Martinez made a motion directing staff to bring back a resolution for consideration next week in support of the Freight Shuttle System being proposed by the Gulf Coast Strategic Highway Coalition. The motion was seconded by Mr. Kelly. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett referred to Item 26 regarding an update on the new Broadway Wastewater Treatment Project. City Manager Escobar stated this presentation has been presented to the Hillcrest Association. Director of Engineering Services Pete Anaya introduced the presentation team including Director of Wastewater Foster Crowell; Jason Anderson and John Cutright with Carollo Engineering; Dan Leyendecker with LNV, Inc.; and City Project Manager Govind Nadkarni. Mr. Cutright referred to a powerpoint presentation including project schedule; project location; report on good neighbor features; master site plan; east elevation; and the architectural theme. Minutes — Regular Council Meeting February 10, 2009 — Page 15 The following topics pertaining to this item were discussed: odor control and the expansion of the Greenwood plant. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 5:20 p.m. on February 10, 2009.