HomeMy WebLinkAboutMinutes City Council - 09/08/2009PRESENT
Mayor Joe Adame
Mayor Pro Tem John Marez*
Council Members:
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
Nelda Martinez
Mark Scott
*Arrived at 12:10 p.m.
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
September 8, 2009 - 12:00 p.m.
City Staff:
City Manager Angel R. Escobar
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Adame called the meeting to order in the Council Chambers of City Hall.
Council Member Leal requested that a special prayer be given for her mother and Ken
Chastain. The invocation was delivered by Reverend William "Billy" C. Storms with Covenant 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 Adame called for approval of the minutes of the regular Council meeting of August 25,
2009. A motion was made and passed to approve the minutes as presented.
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Mayor Adame referred to Item 23 regarding Case No. 0809-02, Mostafa Bighamain. Interim
Assistant Director of Development Services Faryce Goode -Macon stated that the applicant is
requesting that this item be tabled until December 15th due to a family emergency.
Mr. Kiesclin ick made a motion to table Item 23 until December 15, 2009. The motion was
seconded by Mr. Elizondo. City Secretary Chapa polled the Council for their votes as follows:
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Marez was absent.
23. POSTPONED UNTIL DECEMBER 15, 2009
* * * * * * * * * * * * *
Minutes - Regular Council Meeting
September 8, 2009 -- Page 2
Mayor Adame announced that Item 3 is postponed. Mayor Adame announced the executive
session, which was listed on the agenda as follows:
2. Executive session under Texas Government Code, Section 551-071 regarding David Torres
vs. City of Corpus Christi; Cause No. 09-61260-4; in the County Court at Law Number Four,
Nueces County, Texas, with possible discussion and action in open session.
3. POSTPONED
09-1530-E; in the 148 Judicial District Court, Nueces County, Texas, with possible
The Council went into executive session. The Council returned from executive session.
* * * * * * * * * * * * *
Mayor Adame referred to Item 4 and the following board appointments were made:
Clean City Advisory Committee
John Elford (Reappointed)
Mikell Smith (Reappointed)
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Mayor Adame called for consideration of the consent agenda (Items 5 - 21). There were no
comments from the public. Council members requested that Items 11, 18, and 21 be pulled for
individual consideration. City Secretary Chapa polled the Council for their votes as follows:
5. MOTION NO. 2009-243
Motion approving the purchase of new 9-1-1 dispatch consoles from Watson Furniture
Group, Inc., of Poulsbo, Washington for a total amount of $175,227.26. The award is based
on the cooperative purchasing agreement with the Houston Galveston Area Council of
Governments (HGAC). This purchase will replace the existing dispatch and call taker
consoles in the 9-1-1 Center of the Police Department. Funds are available through the
Public Safety Interoperability Communications Grant.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
6. RESOLUTION NO. 028287
Resolution authorizing the City Manager or his designee to execute a renewal of an
interlocal cooperation agreement for a term of five (5) years for the Local Emergency
Response Planning specific to extremely hazardous substances with Nueces County, City of
Corpus Christi, and Port of Corpus Christi Authority.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
Minutes — Regular Council Meeting
September 8, 2009 — Page 3
7.a. RESOLUTION NO. 028288
Resolution authorizing the City Manager or his designee to accept a grant in the amount of
$378,906 and to execute a contract and all related documents with the Texas State Library
and Archives Commission to continue operation of the South Texas Library System at the
Corpus Christi Public Library for state fiscal year 2009-2010.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
7.b. ORDINANCE NO. 028289
Ordinance appropriating $378,906 from the Texas State Library and Archives Commission
into the Library Grants Fund No. 1068 to continue operation of the South Texas Library
System at the Corpus Christi Public Library for state fiscal year 2009-2010.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
8.a. RESOLUTION NO. 028290
Resolution authorizing the City Manager or his designee to accept a grant in the amount of
$143,018 and to execute a contract and all related documents with the Texas State Library
and Archives Commission to continue operation of the Interlibrary Loan Referral Center at
the Corpus Christi Public Library for state fiscal year 2009-2010.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
8.b. ORDINANCE NO. 028291
Ordinance appropriating $143,018 from the Texas State Library and Archives Commission
into the No. 1068 Library Grants Fund to continue operation of the Interlibrary Loan Referral
Center at the Corpus Christi Public Library for state fiscal year 2009-2010.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
9.a. RESOLUTION NO. 028292
Resolution authorizing the City Manager or his designee to accept a grant in the amount of
$80,000 and to execute a contract and all related documents with the Texas State Library
and Archives Commission to continue operation of the Technical Assistance Negotiated
Grant Program administered by the South Texas Library System at Corpus Christi Public
Library for the state fiscal year 2009-2010.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
Minutes Regular Council Meeting
September 8, 2009 — Page 4
9.b. ORDINANCE NO. 028293
Ordinance appropriating $80,000 from the Texas State Library and Archives Commission
into the Library Grants Fund No. 1068 to continue operation of the Technical Assistance
Negotiated Grant Program administered by the South Texas Library System at the Corpus
Christi Public Library for state fiscal year 2009-2010.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
10.a. RESOLUTION NO. 028294
Resolution authorizing the City Manager or his designee to accept the After School Archery
Program Grant in the amount of $500 from the National Recreation and Park Association for
the implementation of an after school archery program.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
10.b. ORDINANCE NO. 028295
Ordinance appropriating a $500 grant from the National Recreation and Park Association in
the No. 1067 Parks and Recreation Grant Fund for the After School Archery Program.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
12. ORDINANCE NC. 028298
Ordinance appropriating $684,417 from the unreserved fund balance in Passenger Facility
Charge Fund No. 4621 and retaining $70,000 to fund Airfield Rescue Fire Fighting Building
Improvements, transferring $469,917 into the Airport 2000A Debt Service Fund No. 4640
and $44,500 into the Airport 2000B Debt Service Fund No. 4641 for Debt Service on Airport
Improvements; and transferring $100,000 to the Airport Capital Reserve Fund 3020A for
reimbursement for airport drainage improvements; changing the FY 2008-2009 Capital
Budget adopted by Ordinance No. 028006 to increase appropriations by $684,417.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
13. MOTION NO. 2009-245
Motion authorizing the City Manager or his designee to execute a construction contract for
the Base Bid with Malek, Inc., of Corpus Christi, Texas in an amount not to exceed $193,078
for the Corpus Christi International Airport Terminal Building -- Addition of Chiller No. 3.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
Minutes -- Regular Council Meeting
September 8, 2009 — Page 5
14. MOTION NO. 2009-246
Motion authorizing the City Manager or his designee to execute Amendment No. 23 to the
engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. (PGAL) of
Dallas, Texas in an amount not to exceed $212,150.00, for a restated not to exceed total fee
of $3,310,747.60 for the Corpus Christi International Airport Airfield Equipment and
Maintenance Facility Project, Air Rescue Fire Fighting Building Improvements Project,
Terminal Re -Roofing Project (Old Wing) 2008 Project, Toll Plaza Foundation Repairs, and
Terminal Building Addition of Chiller No. 3 Project.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
15. MOTION NO. 2009-247
Motion authorizing the City Manager or his designee to execute a construction contract for
the Base Bid with B. E. Beecroft Company, Inc., of Corpus Christi, Texas in an amount not to
exceed $265,000.00 for the Corpus Christi International Airport -Airport Rescue and Fire
Fighting Facility (ARFF) Improvements.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
16. MOTION NO. 2009-248
Motion authorizing the City Manageror his designee to execute a construction contract with
Malek, Inc., of Corpus Christi, Texas in the amount of $2,572,782 for the American Bank
Convention Center Chiller Replacement Project -- 2009 for the Base Bid, Additive Alternate
No. 1 and Additive Alternate No. 2.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
17. MOTION NO. 2009-249
Motion authorizing the City Manageror his designee to execute a construction contract with
Infinity Builders of Laredo, Texas in the amount of $249,000 for H.E.B. and Al Kruse Tennis
Centers Court Improvements for the Total Base Bid. (BOND ISSUE 2008)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
19. MOTION NO. 2009-251
Motion authorizing the City Manageror his designee to execute a construction contract with
Bay Area Contracting & Construction, Inc., of Corpus Christi, Texas, in the amount of
$118,000 for Health Department Laboratory Remodel 2009 for the Total Base Bid.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
Minutes — Regular Council Meeting
September 8, 2009 -- Page 6
20.a. ORDINANCE NO. 028299
Ordinance authorizing the City Manager or his designee to execute a lease agreement with
Bayfest, Inc. for Bayfest 2009 and related activities to allow use of Memorial Coliseum
parking lots, and McCaughan Park during September 15 - 30, 2009; provide for Bayfest, Inc.
paying 50% police and 100% of all other city costs.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
20.b. MOTION NO. 2009-252
Motion approving an admission fee for Bayfest 2009 of seven dollars ($7.00) per day for
adults and three dollars ($3.00) per day for military, seniors, children between the ages of
seven to twelve and persons with mobility assistance devices. Children age six and under
are admitted free.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
20.c. MOTION NO. 2009-253
Motion approving the application from Bayfest Inc. to temporarily close the following street
sections for Bayfest 2009. Street closures to begin at the times specified below and all street
closures to re -open at noon on Wednesday, September 30, 2009:
1) The temporary street closure of Born Street and Broadway Court between Water
Street and southbound Shoreline Boulevard; beginning at 9:00 a.m. Wednesday,
September 16, 2009 through 12:00 p.m. Wednesday, September 30, 2009.
2) The temporary street closure of Park Avenue from southbound Shoreline Boulevard
to northbound Shoreline Boulevard; beginning at 9:00 a.m. Wednesday, September
16, 2009 through 12:00 p.m. Wednesday, September 30, 2009.
3) The temporary street closure of Kinney Street from Water Street to northbound
Shoreline Boulevard; beginning at 12:00 p.m. Friday, September 18, 2009 through
12:00 p.m. Wednesday, September 30, 2009.
4) The temporary street closure of southbound Shoreline from Coopers Alley to Furman
Avenue; beginning at 12:00 p.m. Friday, September 18, 2009 through 12:00 p.m.
Wednesday, September 30, 2009.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
Mayor Adame opened discussion on Item 11 regarding the U.S. Department of Housing and
Urban Development. Council Member Leal asked questions regarding the homeless population in
1980 and today. Community Development Administrator Daniel Gallegos stated that the homeless
population is determined as 1% of the population. City Secretary Chapa polled the Council for their
votes as follows:
Minutes -- Regular Council Meeting
September 8, 2009 - Page 7
11.a. RESOLUTION NO. 028296
Resolution authorizing the City Manager or his designee to execute all documents necessary
with the U.S. Department of Housing and Urban Development to accept and implement the
2008 Continuum of Care Grant for homeless supportive housing program renewals.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
11. b. ORDINANCE NO. 028297
Ordinance appropriating a grant of $717,499 from the U.S. Department of Housing and
Urban Development for the 2008 Continuum of Care Grant Program in the Community
Enrichment Fund No. 1071 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: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
11.c. MOTION NO. 2009-244
Motion ratifying the 2008 Continuum of Care ("COC") grant funding agreements with Nueces
County Mental Health and Mental Retardation and the Salvation Army for singles and
families to be effective September 1, 2009, and authorizing the City Manager or his designee
to execute subrecipient funding agreements under the 2008 COC Grant terms as follows:
(1) $122,673 for Nueces County Mental Health and Mental Retardation; (2)$309,537forthe
Salvation Army; (3) $142,720 for Goodwill Industries of South Texas, Inc., and (4) $142,569
for the Coastal Bend Alcohol and Drug Rehabilitation Center, d.b.a. Charlie's Place, for
homeless supportive housing program renewal projects and activities.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
Mayor Adame opened discussion on Item 18 regarding the Naval Air Station Corpus Christi
Effluent Reuse Lift Station & Force Main. Council Member Martinez asked whether the Naval Air
Station (NAS) would-be reimbursing the City for this project. Director of Engineering Pete Anaya
stated that the City is bearing the full cost and the project is part of the capital improvement program.
City Manager Escobar explained that NAS requested that the City provide the effluent to the golf
course on the east side to allow for the expansion of the Corpus Christi Army Depot. Council
Member Adler asked how many businesses are using effluent water. Director of Wastewater Foster
Crowell reported that presently the two public golf courses, two private golf courses, and the
Grandstands use effluent. City Manager Escobar stated that the Veterans Cemetery will use effluent
and the City is in discussions to use effluent with the Corpus Christi Country Club, Kings Crossing,
and Bill Witt Park. Ms. Adler asked questions regarding the use of effluent in large parks around the
City and if the median on Park Road 22 is piped for effluent water. City Manager Escobar stated that
the City has been told by the Texas Department of Transportation (TxDOT) that there is piping for
irrigation on Park Road 22. Mr. Escobar added that the new Broadway Plant would provide efficient
water to expand effluent to Cole Park and other parks. Mr. Anaya reported that the City is also
working on a water re -use master plan to address the City-wide needs for effluent. City Secretary
Chapa polled the Council for their votes as follows:
Minutes Regular Council Meeting
September 8, 2009 -- Page 8
18. MOTION NO. 2009-250
Motion authorizing the City Manager or his designee to execute a construction contract with
J.J. Fox Construction, Inc. of Portland, Texas in the amount of $634,036.50 for the Naval Air
Station Corpus Christi (NASCC) Effluent Reuse Lift Station & Force Main for the Total Base
Bid.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
Mayor Adame opened discussion on Item 21 regarding amending the Code of Ordinances.
Council Member Martinez asked if the City planned to renegotiate the water supply contracts within
the 60 day period of the temporary ordinance. Assistant City Manager Oscar Martinez stated that the
amendment allows the City an opportunity to renegotiate the contracts with Alice Water Authority
and Beeville Water Supply Districts to execute a take or pay contract and to accept the raw water
rate. City Secretary Chapa polled the Council for their votes as follows:
21. ORDINANCE NO. 028300
Ordinance temporarily suspending Section 55-158(2), Code of Ordinances, City of Corpus
Christi, and implementing a revised Reservoir Operations Plan fora 60 -day period; providing
for effective dates; and providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
* * * * * * * * * * * * *
Mayor Adame opened discussion on Item 28 regarding an amendment to the lease
agreement with the Buccaneer Commission, Inc. for the 2009 Buccaneer Days Festival. Assistant
City Manager Margie Rose explained that the Buccaneer Commission is requesting a waiver of fees
due to the swine flue scare, the Bayfront Redevelopment, and winds of 20 to 45 miles per hour
during each night of Buc Days this year which resulted in lost revenues. Ms. Rose added that staff
has reviewed the request and is recommending one-half of the estimated amount be waived with the
Buc Commission paying the balance of $17,150. Barry Box, President and CEO of the Buccaneer
Commission, stated that the Buc Commission has never been faced with these obstacles and asked
that the Council consider this request.
The following topics pertaining to this item were discussed: whether the re-routing on
Shoreline affected the Buc Days Parade; parking; the parking fees charged to the Buccaneer
Commission from the American Bank Center; and other sources to fund this request including 4A
funding. There was a concurrence from the Council to direct staff to look for other sources of
funding. City Secretary Chapa polled the Council for their votes as follows:
28. ORDINANCE NO. 028307
Ordinance authorizing the City Manager or his designee to execute an amendment to lease
agreement with the Buccaneer Commission, Inc. ('Commission")for2009 Buccaneer Days
Festival and related activities, to reduce the amount of costs paid by the Commission for city
services to $17,150.
Minutes -- Regular Council Meeting
September 8, 2009 -- Page 9
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
* * * * * * * * * * * * *
Mayor Adame referred to Item 22, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0809-01, Alicia Romero: A change of zoning from "AB" Professional Office District
to a "B-1" Neighborhood Business District on property described as Phillips, Block A, Lots
14, 15 and adjacent 30 feet of Lot 16, generally located on the northeast side of Baldwin
Boulevard, approximately 571 feet southeast of South Port Avenue.
City Secretary Chapa stated that the Planning Commission and staff recommended approval
of the "B-1" Neighborhood Business District.
Interim Assistant Director of Development Services Faryce Goode -Macon provided a brief
overview of the subject property and change of zoning.
No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close
the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council for their
votes as follows:
22. ORDINANCE NO. 028301
Amending the Zoning Ordinance, upon application by Alicia Romero, on behalf of Alicia
Romero and David Romero, by changing the Zoning Map in reference to Phillips, Block A,
Lots 14, 15 and adjacent 30 feet of Lot 16, from "AB" Professional Office District to "B-1"
Neighborhood Business District; 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 with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
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. 0809-03, Mary L. Molina: A change of zoning from "R -1B" One -family Dwelling
District to a "B-1" Neighborhood Business District on property described as Alameda Park,
Block 6, Lot 31, generally located on the northeast side of Everhart Road, approximately 455
feet south of Avalon Street.
City Secretary Chapa stated that the Planning Commission and staff recommended denial of
the "B-1" Neighborhood Business District, and in lieu thereof, approval of the "B --1A" Neighborhood
Business District.
The following topics pertaining to this item were discussed: the difference between the
allowable uses in "B-1" and "B-1 A" zoning and whether there is a limitation to the number of vehicles
that can park in the area.
Minutes — Regular Council Meeting
September 8, 2009 — Page 10
No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close
the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council fortheirvotes
as follows:
24. ORDINANCE NO. 028302
Amending the Zoning Ordinance, upon application by Mary L. Molina, by changing the
Zoning Map in reference to Lot 31, Block 6, Alameda Park from "R-1 B" One -Family Dwelling
District to "B -1A" Neighborhood Business District; 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 with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
Mayor Adame referred to Item 25, and a motion was made, seconded and passed to open
the public hearing on the following street closure:
25.a. Public hearing and First Reading Ordinance to consider abandoning and vacating a
9,955.05 -square foot portion of dedicated public right-of-way (Ocean Drive), located north of
the Alta Plaza Drive public right-of-way and west of the current Ocean Drive public right-of-
way; subject to compliance with the specified conditions.
Interim Assistant City Manager of Development Services Johnny Perales explained that OHS
Land, LTD, owner of the property, is requesting to close the right-of-way on a portion of Ocean Drive
and Alta Vista. Mr. Perales provided a map of the requested closure area. Mr. Perales added that
the Council will need to take action on the repealing of the ordinance prior to the first reading.
Mayor Adame called for comments from the audience. Don Crow, 110Alta Plaza, stated that
the residents affected by the closure do not oppose the changes however ask that the City address
the public safety measures in the area. Carolyn Moon, 4902 Calvin, asked if the road would be cut
off on Alta Plaza. Mr. Perales explained that this item will close a section of the right-of-way and
allow for that section to be sold to the owners of Markamay Estates.
The following topics pertaining to this item were discussed: the two access routes to Alta
Plaza; whether the street is going to be narrowed; how the fair market value was determined; the
proposed use of the property; expansion of the sidewalk; and the set back of the hedges on Ocean
Drive.
Mayor Adame made a motion to approve the ordinance with the addition that the property
owner has to expand the sidewalk to a total width of 8 feet. The motion was seconded by Ms.
Martinez. City Secretary polled the Council for their votes as follows:
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Scott was absent.
Mr. Marez made a motion to close the public hearing, seconded by Mr. Chesney, and
passed. Mr. Chapa announced that Council would need to take action on Item 25.b., repealing
Ordinance No. 7012 '/2. Mr. Chapa polled the Council for their votes as follows:
Minutes — Regular Council Meeting
September 8, 2009 — Page 11
25.b. ORDINANCE NO. 028303
Ordinance repealing Ordinance No. 7012%, which authorized the City Manager to execute,
for and on behalf of the City, a Revocable Easement for the use of a portion of public right-
of-way and street of Ocean Drive, lying south of the south line of Lot 1, Markamay Estates,
and east of the easterly line of Lot 1, Block 1, Alta Plaza, in the City of Corpus Christi,
Nueces County, Texas.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez,
voting "Aye"; Scott was absent.
City Secretary Chapa polled the Council for their votes as follows:
25.a. FIRST READING ORDINANCE
To consider abandoning and vacating a 9,955.05 -square foot portion of dedicated public
right-of-way (Ocean Drive), located north of the Alta Plaza Drive public right-of-way and west
of the current Ocean Drive public right-of-way; subject to compliance with the specified
conditions.
The foregoing ordinance was passed and approved as amended on its first reading with the
following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez,
voting "Aye"; Scott was absent.
* * * * * * * * * * * * *
Mayor Adame opened discussion on Item 26 regarding the adoption of an ordinance setting
a tax rate of $0.563846 per $100 valuation. Interim Director of Finance Constance Sanchez
explained that this item is the motion to adopt an ordinance setting the property tax rate for tax year
2009 at $0.563846 per $100 valuation. Ms. Sanchez provided a brief overview of the truth -in -
taxation requirements.
Mayor Adame called for comments from the audience. J.E. O'Brien, 4130 Pompano, asked
the Council to consider reducing the tax rate by $.00125. Mary Ann Kelly, 4302 Schanen, stated that
when the valuation incrbases, the tax rate should decrease.
Mr. Kieschnick made a motion that the property tax rate be increased by the adoption of a
tax rate of $0.563846 per $100 valuation, which is effectively a 1.62 percent increase in the tax rate.
The motion was seconded by Ms. Martinez. City Secretary Chapa polled the Council for their votes
as follows:
26. ORDINANCE NO. 028304
Ordinance setting a property tax rate of $0.563846 per $100 valuation. The ordinance
prescribes the property taxes to be levied, assessed, and collected by the City of Corpus
Christi, Texas for tax year 2009 and for each succeeding year thereafter until otherwise
provided and ordained and such other years as the same may be applicable.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting
"Aye"; Chesney and Scott were absent.
Minutes — Regular Council Meeting
September 8, 2009 -- Page 12
Mayor Adame opened discussion on Item 27 regarding the Homeless Prevention and Rapid
Re -Housing Program. Community Development Administrator Daniel Gallegos provided an overview
of this item including a background; purpose of the program; the target population; the Request for
Proposal process; the responsive agencies; the four categories of assistance; and the
recommendation.
Council Member Marez requested that staff provide an update on the results of the program
in six (6) months. Council Member Scott asked for information on how individuals can receive
information on this program.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
27.a. RESOLUTION NO. 028305
Resolution authorizing the City Manager or his designee to accept a grant in the amount of
$1,393,181 from the U.S. Department of Housing and Urban Development under the
American Recovery and Reinvestment Act of 2009 to fund the Homeless Prevention and
Rapid Re -Housing Program, and to execute related subrecipient agreements with Catholic
Charities for $357,841; Corpus Christi Metro Ministries for $357,840; Coastal Bend Center
for Independent Living for $250,000; and the Salvation Army for $357,841 to provide
homelessness prevention assistance, services, and activities.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
27.b. ORDINANCE NO. 028306
Ordinance appropriating a grant of $1,393,181 from the U.S. Department of Housing and
Urban Development under the American Recovery and Reinvestment Act of 2009 for the
Homeless Prevention and Rapid Re -Housing Program in the No. 1059 Grants Fund to
provide homelessness prevention assistance, services, and activities.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
* * * * * * * * * * * * *
Mayor Adame referred to Item 30 regarding a report on "The Principal Story" documentary by
KEDT-TV. Dawn Stubblefield, Education Consultant for KEDT, provided a brief overview of the
documentary scheduled to air on September 15th on KEDT-TV illustrating the challenges principals
in schools face to educate the community. Ms. Stubblefield provided a short clip of the documentary
and encouraged the public to watch.
Mayor Adame referred to item 31 regarding the new Broadway Wastewater Treatment Plant
project update. Dan Leyendecker, LNV Engineering, referred to a powerpoint presentation including
the project schedule; project location; existing site plan; set back requirements; fencing and
landscaping plan; design criteria; construction phasing; architectural theme; east elevation; and
good neighbor report. Director of Engineer Pete Anaya and Director of Wastewater Foster Crowell
were available to respond to questions.
Minutes — Regular Council Meeting
September 8, 2009 — Page 13
The following topics pertaining to this item were discussed: whether the existing plant
property will become developable; the number of acres of the non -project area; demolition; the cost
of the project; the architectural theme; the peak flow permitted for the existing plant; whether
additional development is expected for the area; the service area for the plant; and the number of
infrastructure lines that will need to be replaced.
Mayor Adame called fora recess until 4:00 p.m.
*************
Mayor Pro Tem Marez called for petitions from the audience. Carolyn Moon, 4902 Calvin,
spoke regarding the $8 million approved by the Council for the pipeline from Garwood. Norm Baker,
14122 Cabana North, spoke regarding the island water tower logo. Trian Serbu, 14310 Playa del
Rey, spoke regarding building adjacent to the coliseum and stated that the proposed projects are in
opposition to the Bayfront Master Plan. David Hoyt, 4353 Baldwin, commended the Council for
ceasing the implementation of the storm water fees and spoke regarding the current storm water
charges. Raynaldo Yrlas, 217 Tropical Lane, stated that the Memorial Coliseum should be repaired
and converted into a Veterans War Memorial Museum. Richard Loya, 1314 Tyler Avenue, spoke in
favor of the Memorial Coliseum being used as a multi -events center and a facility for year round ice
hockey and skating. Francisco Rodriguez, 3535 Cottonwood, spoke in favor of the Memorial
Coliseum as a multi -events center. David Brewer, 1006 Dorothy Drive, spoke regarding the increase
in utility bills.
Anne Matula, President of the Craft Training Center of the Coastal Bend, spoke in support of
the Las Brisas project and the opportunities the project will bring to the community. Dan Creswell,
Federation of Independent Riders, spoke regarding the "Share the Road" campaign and Motorcycle
Awareness month. Mr. Creswell urged all drivers to be aware of motorcyclists and asked the Council
to consider putting up signs to protect motorcyclists. Weldon Miller, 10606 Westwood, spoke in
support of keeping the Memorial Coliseum and using it as a multi -event center. Bob Algeo, 15629
Three Fathoms, spoke regarding an individual interested in changing the name of Padre Island and
the logo on the island water tower. Jim Rickert, 4125 Western Drive, spoke regarding the "Share the
Road" campaign and safety of motorcyclists. Abel Alonzo, 1701 Thames, thanked the council for
approving items that assist the homeless and disabled including the 2008 Continuum Care Grant,
the Homeless Prevention and Rapid Re -Housing Program; and Bayfest.
Mayor Pro Tem IGlarez called for a recess until 5:00 p.m.
* * * * * * * * * * * * *
Mayor Pro Tem Marez opened discussion on Item 29 regarding a report and
recommendations from the Memorial Coliseum Subcommittee with possible action on the
recommendations. Emily Martinez, Economic Development, provided a brief overview of the request
for proposal process; the proposals received; the selection of finalists; and the Memorial Coliseum
committee members. Ms. Martinez provided a summary of the Brass and National Swim Center
Corporation (NSCC) proposals including the project name, project concept, the proposed veterans'
memorial; the total project costs; the request for City incentives; environmental additions; and
timeline. Ms. Martinez also discussed the Memorial Coliseum financial aspects as of September 8,
2009 for the Brass proposal; the NSCC proposal; and demolition.
Minutes — Regular Council Meeting
September 8, 2009 -- Page 14
John Bell, Wood, Boykin & Wolter, referred to a powerpoint presentation on the legal issues
relating to the coliseum project including the Texas Historical Commission process; 2008 bond
requirements; the master plan requirements; limitations on park lands; the initiative and referendum
process; title restrictions and procedures for demolition.
The following topics pertaining to the legal issues were discussed: the language in the Bond
2008 requirements that the City is required to accomplish a "realignment" of Shoreline Drive that will
provide "a large pedestrian area (Bayshore Park) strongly connected to the water, McGee beach
and the Coopers Alley L -Head"; the location of the park lands; and whether the existing parking lot is
still considered dedicated park space.
Jerry Cramer, Chairman of the Coliseum Committee, spoke regarding the positive aspects
and challenges of each project; the RFP process; the companies that submitted proposals; the
presentations; the request to change the proposals based on reduction of size; and the
recommendations to the Council. Mr. Cramer asked the Council to make a decision based on the
most positive impact for the City.
Rick Rodriguez, President and CEO of Brass Real Estate Funds, introduced the presentation
team including Diana Gonzales-Cibrain; Mike Shackleford; Tim Cones; and John Michaels. Mr.
Rodriguez and his team referred to a powerpoint presentation including the vision of the project; an
introduction of the company; a letter of financial assurance; the public amenities; redevelopment of
the Memorial Coliseum; timeline for the restoration of the Coliseum; the veterans' memorial
proposal; the project description and renderings; the mixed uses; the interactive splashzone; retail/
restaurants; the resort hotel; mid -rise residential; the transfer station and public parking garage;
green features; sustainability; operation of an ice rink; occupancy and uses; project capitalization;
the timeline for the development; economic impact and job creation.
The following topics pertaining to the Brass proposal were discussed: renderings and size of
the boardwalk; the number of apartment and hotel units; the committee's concern regarding the
density of the development; whether the RFP required that the proposers include multi -family usage;
the number of parking spaces and floors for the garage; whether Brass has a firm commitment from
the Regional Transportation Authority (RTA); if the parking revenues will have to go to the RTA if
federal funds are used; cost for parking; accessibility for the disabled; whether Brass will consider
the $2 million contribution from the City at the end of the project; an estimate of the lease revenue
the City will be receiving; whether Brass anticipates paying a lease to the City for the Coliseum and
subject property; how long the grant process for federal funding of the veterans' memorial park will
take and the amount of funding that will be requested; the total equity; the percentage Brass would
anticipate utilizing if they received a Chapter 380 agreement or tax increment financing (TIF)
agreement; if a contingency is incorporated in the Coliseum renovation; the term of the contract with
the Ice Rays; liability of the City; the proposed height of the hotel; the definition of a landmark tourist
destination; and consideration of concerts for young adults.
Mayor Pro Tem Marez called for a 10 -minute recess.
Andrew Sarwal, Director of the National Swim Center Corporation (NSCC), introduced the
presentation team including Fred Yeo and Bill Harrison. Mr. Sarwal referred to a powerpoint
presentation including the NSCC mission and vision; project description; economic development
impact; health and safety benefits; veterans memorial; community support; and comparison of other
redevelopment plans. Adam Scott, local USA swim coach, spoke regarding the number of athletes
that attend regional swimming events.
Minutes — Regular Council Meeting
September 8, 2009 — Page 15
The following topics pertaining to NSCC proposal were discussed: the relationship between
Alexandrina Management, NSCC, and USA Swimming; which organization would own the hotel; the
NSCC financial commitment promissory note for $20 million in cash; non -responsiveness to
questions in the RFP; the percentage of leveraging of funds; the ability to guarantee events and
visitors; the total cost of the project; how the NCSS proposes to raise the balance of $62 million; the
percentage of donations; community partnership; when NSCC expects to receive the $7 million from
the City; the percentage that NSCC is willing to pay for the background check and economic impact
study; the percentage of City participation required for the veterans' memorial; the height of the
hotel; the location of the hotel; the other buildings on the site plan; the size of the boardwalk;
encroachment on Shoreline; the amount of parking; avoiding a $7 million cash allocation from the
City by establishing a 380 agreement or TIF agreement; the development fee; the types of venues
the center is expected to attract; the number of participants that attend YMCA events; and whether
NSCC could provide a confidential bank statement to the Council during an executive session.
Mayor Adame called for comments from the audience. Huxley Smith, 1915 Thames, asked
questions regarding whether the pool will be under or above ground; the height of the diving board;
and the location of seating. Therese Perez, 325 Claremore, spoke regarding saving the Coliseum
and development an explorer museum and a cultural art education attraction. Kathleen Huffmeyer,
518 Parade, stated that she did not hear any solid financial information or guarantees from either
proposal. Bill Harrison, 4787 Ocean Drive, spoke in support of the swim center and bringing Olympic
swimming to Corpus Christi. Didi Byerly, 7722 Jacinto, stated that there are approximately 300 local
swimmers that travel to other facilities for swimming competitions and that money could be staying in
the City. Ms. Byerly asked the Council to take the swimming option into serious consideration. Tim
Byerly, 7722 Jacinto, spoke regarding the economic impact of the swim center. Jeanie Crisp, 4605
Mokry, asked questions regarding the desalinization of the swimming program and spoke in support
of the swim center. John McCoy, 4542 Iron River Drive, stated that the swim center would provide a
positive impact for the City and would promote healthy activity. Mr. McCoy said that the bayfront
does not need any additional apartments. Larry Cashion, 4010 Manhattan, spoke in support of
development of the Memorial Coliseum and any avenue that beautifies the downtown area. Ryan
Bennett, 4600 Ocean Drive and ice Rays hockey player, stated that the team has to travel to
practice because the City does not have a full time ice skating rink. Mr. Bennett added that having a
full time rink would allow for more tournaments and youth venues in the area. Dr. Craig Silverman,
League Director of the Youth Hockey League, stated that hockey is growing in Texas and that
having a full time rink could grow youth hockey in the City and bring in state and national
tournaments. Tim Lange, President and owner of the Ice Rays, responded to questions regarding a
15 -year commitment to the Brass group and negotiations with the American Bank Center.
Mr. Kieschnick made a motion directing the City Manager to further investigate the response
of BRASS Real Estate Funds to the City request for proposals relating to the lease of the Memorial
Coliseum and development of adjacent City property, and to initiate preliminary negotiations aimed
at developing a term sheet that addresses the basic terms of any leases, economic incentives, and
other contractual arrangements. The motion was seconded by Mr. Elizondo. City Secretary Chapa
polled the Council for their votes as follows:
29. MOTION NO. 2009-254
Motion directing the City Manager to further investigate the response of BRASS Real Estate
Funds to the City request for proposals relating to the lease of the Memorial Coliseum and
development of adjacent City property, and to initiate preliminary negotiations aimed at
developing a term sheet that addresses the basic terms of any leases, economic incentives,
and other contractual arrangements.
Minutes --- Regular Council Meeting
September 8, 2009 — Page 16
The foregoing motion was passed and approved with the following vote: Adler, Elizondo,
Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Scott voting "No"; Adame and Chesney
abstained.
* * * * * * * * * * * * *
There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at 9:17 p.m. on September 8, 2009.
* * * * * * * * * * * * *
1 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 September 8, 2009, which were approved by the City
Council on September 15, 2009.
WITNESSETH MY HAND AND SEAL, on this the 15th day of September, 2009.
Armando Chapa
City Secretary
SEAL