HomeMy WebLinkAboutMinutes City Council - 09/15/2009PRESENT
Mayor Joe Adame
Mayor Pro Tem John Marez
Council Members:
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kiesch n ick
Priscilla Leal
Nelda Martinez
Mark Scott
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
September 15, 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.
The invocation was delivered by Reverend Henry Williams with the Corpus Christi Christian
Fellowship and the Pledge of Allegiance to the United States flag was led by Council Member
Priscilla Leal.
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 September
8, 2009. A motion was made and passed to approve the minutes as presented.
* * * * * * * * * * * *
Mayor Adame announced the executive sessions, which were listed on the agenda as
follows. Mayor Adame also announced that he and Council Member Brent Chesney would not be
attending the closed session or participating in the discussions related to Item 3.1.
2. Executive session under Texas Government Code, Section 551.072 of the Texas Open
Meetings Act to deliberate the purchase, exchange, lease or value of real property.
3. Executive session under Texas Government Code, Section 551.071 regarding Bryan Smith
vs. City of Corpus Christi, Texas, Angel Escobar, in his capacity as City Manager; Cause No
09-1530-E; in the 148th Judicial District Court, Nueces County, Texas, with possible
discussion and action in open session.
3.1. Executive session under Section 551.072, Section 551.072 and Section 551.087 of the
Texas Government Code for legal advice, deliberations regarding the lease of real property,
and deliberations regarding the offer of a financial or other incentive to a business prospect
to Memorial Coliseum with possible discussion and action related in open session
The Council went into executive session. The Council returned from executive session.
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INDEXED
Minutes — Regular Council Meeting
September 15, 2009 -- Page 2
Mayor Adame referred to Item No. 13 regarding a presentation on Governmental Accounting
Standards Board Report.
Mr. Oscar Martinez, Assistant City Manager introduced Mr. Gary Monnin, President of G. P.
Monnin Consulting and also stated that Mr.John Shepherd, Independent Auditor is in the audience
to answer questions. Mr. Monnin stated that his goal is to provide the Council with a common
understanding of the issues. He explained the following: social security on a "pay as you go" basis;
post retirement health benefits; "pay as you go and blended rates"; provided examples under the
current concept versus the GASB principle; ways to fund post retirement benefits; the GASB
requirements of setting up two funds: 1) retirees, and 2) partial fund for active employees; GASB
allows 30 years to build the fund; displayed the three approaches - differences between pay as you
go, pay as you go with recorded liability, and funding utilizing an irrevocable trust; responsibility of
the $65 million shortfall; amortization of the accrued liability; generational equity issue to pay for past
under funding; cost that an active employee would pay for the past; fund reserve policy and what
other entities have done with excess funds.
In response to a question by Council Member Chesney, Mr. Monnin stated that he would not
recommend creating a fund, but rather take the recording of the liability approach and create the
fund later. Council Member Chesney then asked how to fund the liability approach, and Mr. Monnin
responded by either raising taxes or reducing benefits.
Council Member Marez stated that retirees are not getting the benefits that they should have.
In response to a question regarding insurance for city retirees, Cynthia Garcia, Director of Human
Resources stated that they are still working on the issue and that they will have a recommendation
within a month.
The following topics were discussed: insurance benefits for retirees; how does this affects
the collective bargaining process; excess fund to fund the subsidy; whether the city should fund the
trust or record the liability; what other cities are doing; whether the city has met with police officers
and firefighters; what portion the city pays for employee insurance premiums; whether there is a
separate fund and how much money is in the reserve fund; whether there is a separate fund for
police and fire claims; inclusive of police and fire; and how we calculate the liability to be incurred.
* * * * * * * * * *
Mayor Adame called for petitions from the audience. Joan Veith, 5701 Cain, thanked city
staff for resolving her gas bill; David Conoly, spoke in opposition to Zoning Case No. 0709-02 on the
days agenda; Jeff Fonseca, 1822 Kern Drive, spoke about budget issues, city code matters; mowing
contracts awarded by city; Unidentified Citizen, thanked the city on the hiring of new city police chief,
concerned about budget cuts at the police department and retiree insurance premiums; Bud Harris,
320 Cole, spoke regarding the potential jobs that Las Brisas Plant will bring to the area; Janie Bell,
American Diabetes Association invited the council to the "Dancing through Downtown" event
scheduled for October 10, 2009; Claudia Jackson, spoke in support of Item No. 12 on the days
agenda; Wilson Wakefield, 6026 Killarmet, spoke regarding environmental issues; John Kelley,
spoke on the re -development for Memorial Coliseum; Foster Edward, President & CEO, Chamber of
Commerce, spoke regarding the Governor's State of the State Address scheduled for September
23, 2009.
Mr. Edwards also announced that the Karl Eschbach, State Demographer will be in Corpus
Christi on October 14, 2009 to discuss growth and population shifts; Mike Staff, CCPOA President,
3122 Leopard, thanked the city on the hiring of the new Police Chief and complimented the process
for the selection. He also spoke regarding GASB45; Guy Watts, 4237 Ocean Drive, spoke
regarding the Bond 2004 package, bayfront master plan, public green space, and the re-
Minutes — Regular Council Meeting
September 15, 2009 — Page 3
development of the Memorial Coliseum; Abel Alonzo, 1701 Thames, spoke regarding Las Brisas
Plant and the contract awarded to Brass Real Estate for the re -development of Memorial Coliseum.
The council went into executive session. The council returned from executive session and
the following motion passed with the following vote:
3. MOTION NO. 2009-258
Motion authorizing the City Manager to settle Cause No. 09-1530-E, Bryan Smith vs. City of
Corpus Christi et al, for the sum of $ 125,777.84, as per the agreed upon settlement terms,
subject to certification of funds.
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 referred to item No. 9, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0709-02, Shrub Oak, LLC: A change of zoning from "RE" Residential Estate
District to an "1-2" Light Industrial District on property described as 6.514 acres out of Lot 1,
Section 50, Flour Bluff and Encinal Farm and Garden Tracts, Volume A, Pages 41 — 43,
Map Records, Nueces County, Texas, generally located approximately 700 feet south of
Glenoak Road, on the east side of Flour Bluff Drive, west of Waldron Road and north of
Caribbean Drive.
City Secretary Chapa stated that the Planning Commission and staff recommended denial of
the "1-2" and in lieu thereof approval of a "B-3" with a special permit for outdoor storage, subject to a
site plan and five conditions.
Faryce Goode -Macon, Interim Director of Development Services provided an overview of the
subject property and change of zoning and stated that the 20% rule was in effect.
The following topics to this item were discussed: proposed rezoning of the subject property
to a commercial use is not consistent with the Flour Bluff Area Development Plan; proximity to the
Naval Air Station; probability of a safety issue; concerns that no wastewater line exists along the
property line and that the closest connection point is approximately 2,500 feet north of Flour Bluff
Drive; that no stormwater lines exist; and that infrastructure does not support this zoning request;
Bryan Johnson, Applicant, 801 Lipan, spoke about the development planned for this area.
Kim Seger, 205 Chandler, spoke in opposition to the re -zoning and that the infrastructure does not
support this zoning; Lynda Sutherland, 3834 Flour Bluff Drive, spoke in opposition of the re -zoning
and asked that the keep the integrity of the current neighborhood demographics which is residential.
Ms. Martinez made a motion to close the public hearing, seconded by Mr. Scott and passed.
Mr. Chapa polled the Council for their votes as follows:
Minutes — Regular Council Meeting
September 15, 2009 — Page 4
9. FAILED
& Garden Tracts, from "RE" Res+d-ential Estate D1striot to "B-3/SP"
eee
amending the comprehensive plan to ascou-nt for any deviations from the existing
An emergency was declared, and the foregoing ordinance failed with the following vote:
Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott voting "No"; Adame
"Absent".
Mayor Pro Tem Marez referred to Item No. 10, and a motion was made, seconded and
passed to open the public hearing on the following zoning case:
Case No. 0809-06, HEB Grocery Company, LP A change of zoning from an "R-1 B" One -
family Dwelling District to an "A-2" Apartment House District on property described as 21.461
acres out of Lots 19 and 20, Section 11, Flour Bluff & Encinal Farm & Garden Tracts located
approximately 1,350 feet southeast of South Staples Street.
City Secretary Chapa stated that the Planning Commission and staff recommended denial of
the "R -1B" and in lieu thereof approval of an"A-1 ".
No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the
public hearing, seconded by Ms. Martinez, and passed. Mr. Chapa polled the Council for their votes
as follows:
10. ORDINANCE NO. 028309
Amending the Zoning Ordinance upon application by HEB Grocery Company, LP by
changing the zoning map in reference to 21.461 acres out of Lots 19 and 20, Section 11,
Flour Bluff & Encinal Farm & Garden Tracts, from "R-1 B" One -family Dwelling District to
"A-1" Apartment House District; amending the comprehensive Plan to account for any
deviations from the existing Comprehensive Plan; providing repealer clause; providing a
penalty; and providing for publication.
An emergency was declared, and the foregoing ordinance passed with the following vote:
Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott voting "Aye";
Adame "absent".
**********
Mayor Pro Tem Marez referred to board and committee appointments. Mr. Chapa explained
that appointments need to be made to the North Padre Island Development Corporation and the Tax
Increment Reinvestment Zone No. 2. He stated that a meeting of these corporations will occur in
about one to two weeks pertaining to actions that need to occur. City Secretary Chapa polled the
Council for their votes as follows:
Minutes - Regular Council Meeting
September 15, 2009 -- Page 5
4.a. MOTION NO.. 2009-260
Motion removing Henry Garrett, Melody Cooper, Mike Hummell, Michael McCutchon, and
George Noe from the Board of Directors of the North Padre Island Development Corporation
and declaring their offices as vacant.
The foregoing motion was passed and approved with the following vote: Adler, Chesney,
Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott voting "Aye"; Adame "Absent".
4.b. MOTION NO. 2009-261
Motion appointing Joe Adame, Chris N. Adler, Brent Chesney, Kevin Kieschnick, and Mark
Scott as members of the Board of Directors of the North Padre Island Development
Corporation to fill the unexpired term of the director they are replacing.
The foregoing motion was passed and approved with the following vote: Adler, Chesney,
Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott voting "Aye"; Adame "Absent".
Mr. Chapa explained the appointment of two additional members to the Tax Increment
Reinvestment Zone No. 2. He added that there is no authority to remove the old council members
from this board. Mr. Chapa polled the Council for their votes on a motion as follows:
Motion appointing Council Members Mark Scott and Chris N. Adler tothe Board of Directors
of the Tax Increment Reinvestment Zone (T1RZ) No. 2.
The foregoing motion was passed and approved with the following vote: Adler, Chesney,
Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott voting "Aye"; Adame "Absent".
A motion to reconsider the appointments to the TIRZ was made by Mr. Scott and seconded
by Mr. Chesney and passed. A new motion was made as follows:
5. MOTION NO. 2009-262
Motion appointing Mayor Joe Adame and Council Member Chris N. Adler to the Board of
Directors of the Tax Increment Reinvestment Zone (TIRZ) No. 2.
The foregoing -motion was passed and approved with the following vote: Adler, Chesney,
Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott voting "Aye"; Adame "Absent".
************
Mayor Pro Tem Marez called for consideration of the consent agenda (Items 6 - 8). There
were no comments from the public. City Secretary Chapa polled the Council for their votes as
follows:
6. ORDINANCE NO. 028308
Ordinance appropriating $15,144 of the Unreserved Fund balance in the General Fund No.
1020 for the payment to the Volunteer Center of the Coastal Bend for Municipal Court
Community Service Program; changing the FY 2009-2010 Operating Budget adopted by
Ordinance No. 028252 by increasing expenditures in the General Fund No. 1020 by
$15,144.
Minutes — Regular Council Meeting
September 15, 2009 --- Page 6
The foregoing ordinance was passed and approved with the following vote: Adler, Chesney,
Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott voting "Aye"; Adame "Absent".
7 MOTION NO. 2009-255
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with Coym, Rehmet and Gutierrez Engineering, L.P. of Corpus Christi, Texas, in
the amount of $1,070,830 for Bear Lane from Gid Brownsville Road to South Padre island
Drive. (BOND ISSUE 2008)
The foregoing motion was passed and approved with the following vote: Adler, Chesney,
Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott voting "Aye"; Adame "Absent".
8. MOTION NO. 2009-256
Motion authorizing the City Manager, or his designee, to issue a permit for the temporary
street closures of Hughes Street from Chaparral Street to Mesquite Street and Fitzgerald
Street from Chaparral Street to Mesquite Street for the 49th Annual Texas Jazz Festival,
starting on Friday, October 16, 2009 at 8:00 a.m. through Monday, October 19, 2009 at 8:00
a.m. pending the certificate of insurance to be submitted two weeks prior to the event and
upon meeting the conditions and requirements for permit in Sec. 49-17.
The foregoing motion was passed and approved with the following vote: Adler, Chesney,
Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott voting "Aye"; Adame "Absent".
**********
Mayor Pro Tem Marez opened discussion on Item 11, South Guth Bali Field Relocation. Mr.
Anaya provided an overview of the South Guth Sports Field Relocation Project which provides for
the relocation of 13 ball fields supporting the following leagues: National Little League, Oso Baseball
and Oso Kickball; the project scope, project cost; the project schedule; enhancements for the
acquisition of 2.25 acres of school district property; the Paul Jones and Holly extensions; and other
improvements.
The following topics were discussed: fast tracking of the project; acquisition the secondary
access to Holly Road; extension of Paul Jones Road; lighting for the 13th ball field; coordination with
the leagues; and 5 level bleachers. Mr. Escobar explained that they plan to identify the actual costs
of additional items that need to occur; and the remaining funds from the costs saving from
construction contract for this project, will look at purchasing the 2.25 acre tract from Corpus Christi
Independent School District.
Mayor Pro Tem Marez called for comments from the audience. Abel Alonzo, 1701 Thames,
thanked the previous council for moving this project forward; and the park and recreation staff. City
Secretary Chapa polled the Council for their votes as follows:
11. MOTION NO. 2009-257
Motion authorizing the City Manager, or his designee, to execute a construction contract with
Barcom Commercial, Inc., of Corpus Christi, Texas in the amount of $5,044,754 for the
South Guth Ball Field Relocation to a tract located an Paul Jones Avenue, for the Base Bid,
Additive Alternate No. 1, Additive Alternate No. 2, and Deductive Alternate No. 1.
Minutes — Regular Council Meeting
September 15, 2009 — Page 7
The foregoing motion was passed and approved with the following vote: Adler, Chesney,
Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott voting "Aye"; Adame "Absent".
Mayor Pro Tem Marez opened discussion on Item 12, Interlocal Cooperation Agreementwith
Texas A&M University —Corpus Christi for Bold Future. Mr. Escobar, City Manager provided a brief
overview of this contract. He added that he administratively extended the contract through the end
of September 2009. The following topics were discussed: budget for this project; how funds were
allocated for Phase I and Phase 11. There was no public comment. City Secretary Chapa polled the
Council for their votes as follows:
12. RESOLUTION NO. 028310
Resolution authorizing the City Manager or his designee to execute an amendment to the
Interlocal Cooperation Agreementwith Texas A&MUniversity— Corpus Christi (TAMU-CC)
for the community visioning project called Bold Future, to authorize TAMU-CC to utilize
remaining funds previously provided by the City for Phase I and for Phase II in the amount of
$56,767.98 for Bold Future Phase 111.
The foregoing resolution was passed and approved with the following vote: Adler, Chesney,
Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott voting "Aye"; Adame "Absent".
* * * * * * * * * * * * *
There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at 5:40 p.m. on September 15, 2009.
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 15, 2009, which were approved by the City
Council on September 22, 2009.
SEAL
WITNESSETH MY HAND AND SEAL, on this the 22nd day of September, 2009.
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Armando Chapa
City Secretary