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HomeMy WebLinkAboutMinutes City Council - 10/27/2009MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 27, 2009 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem John Marez Council Members: Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick. Priscilla Leal Nelda Martinez Mark Scott Absent: Brent Chesney City Staff: City Manager Angel R. Escobar Interim City Attorney Lisa Aguilar City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Michael Doane, Christus Spohn Health System and the Pledge of Allegiance to the United States flag was led by Council Member Chris Adler. 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 October 20, 2009. A motion was made and passed to approve the minutes as presented. ************ Mayor Adame announced the executive session listed on the agenda as follows. Mayor Adame also stated that he would not be attending or participating in the discussion related to Item No. 2. 2. Executive session under Section 551.071, 551.072 and Section 551.087 of the Texas Government Code for deliberations regarding the lease of real property and for deliberations regarding the offer of a financial or other incentive to a business prospect relating to Memorial Coliseum with possible discussion and action related in open session. The Council went into executive session. The Council returned from executive session and Mayor Adame announced that the Council will reconvene to executive session later in the day. ************ Minutes — Regular Council Meeting October 27, 2009 — Page 2 Mayor Adame deviated from the day's agenda and opened discussion on Item No. 15a, a public hearing to consider and nominate applications to the Office of the Governor for Commercial Revitalization Deduction Allocations, and a motion was made, seconded and passed to open the public hearing. Ms. Emily Martinez, Economic Development explained that this is for nomination of the following two projects, the Waterfront Communications LLC to receive an allocation of $150,000 for calendar year 2009 for the rehabilitation of a building located at 1024 Leopard (formerly Wilson's Furniture); and SWHP Properties, Ltd. to receive an allocation of $1,300,000 for calendar year 2009 for property located at 723 Upper Broadway and for the creation of 2 jobs. She explained that the City of Corpus Christi is designated a Renewal Community through the U.S. Department of Housing and Urban Development and received $12 million for use as commercial revitalization deductions. Ms. Martinez explained that the renewal community program is scheduled to expire on December 31, 2009 and they have been working with lobbyist to have program extended through 2011. In response to a question by Council Member Marez, Ms. Martinez explained that the City receives $12 million to allocate in federal tax deductions per year. There were no comments from the audience. A motion was made, seconded and passed to the close the public hearing. City Secretary Chapa polled the Council for their votes: 15.b. RESOLUTION NO. 028379 Resolution nominating projects to the Office of the Governor for Renewal Community Commercial Revitalization Deductions as follows: Waterfront Communications, LLC - $150,000 for a building located at 1024 Leopard St. SWHP Properties, Ltd. - $1,300,000 for a building located at 723 Upper Broadway The foregoing resolution was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, voting "Aye"; Adame, "Abstain"; Chesney and Scott, "Absent". Mayor Adame opened discussion on Item No. 15c, regarding adoption of the Commerical Revitalization Local Strategic Plan, a motion was made, seconded and passed to open the public hearing. Ms. Emily Martinez, Economic Development provided a brief overview and explained that the Strategic Plan is submitted on an annual basis to U.S. Department of Housing and Urban Development and is due in the Governor's Office by November 1, 2009. She added that the plan outlines a plan for both small and large projects; criteria and a point system. Minutes — Regular Council Meeting October 27, 2009 — Page 3 There were no comments from the audience. A motion was made, seconded and passed the close the public hearing. City Secretary Chapa polled the council for their votes: 15.c. RESOLUTION NO. 028380 Resolution adopting the Corpus Christi Commercial Revitalization Local Strategic Plan. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney, "Absent". Mayor Adame referred to Item 16, regarding the Wind Energy Ordinance, a motion was made, seconded and passed to open the public hearing: Ms. Lisa Wargo, Sr. Planning Zoning Administrator, Development Services provided an overview on the proposed amendments to the wind energy ordinance. She stated that the subcommittee reviewed the allowable sound levels; whether multiple systems are needed on a site and should they be permitted; minimum spacing requirements between multiple units and towers, minimum setback and acreage requirements; and the reconsideration of fall radius requirements on a lot. She further explained the changes made to the draft ordinance. She stated that the Planning Commission's version of the ordinance proposes to eliminate all spacing requirements between multiple units and added that City Staff disagrees with this proposal. She added that City staff proposes lowering the required spacing from the current 110% of the unit height to 100%, of the breakpoint. Ms. Wargo provided a comparative summary depicting the differences in requirements between the prior draft ordinance and the proposed draft ordinances. In response to a question by Council Member Martinez, Ms. Wargo stated that the staff's recommendation is a matter of public safety to have the distance between multiple units and that they were concerned with damage resulting from the two units falling if they collided. Council members discussed the following: fall radius; height restrictions; safety issues; wind speed; engineering of the units; guarantee that units turn off after a certain speed; process for installing a unit and standards, noise level requirement; and allowance for commercial use. In response to a question by Council Member Leal, Ms. Wargo explained that the units cannot be placed between the front of the building and the front yard or street; they can only be placed in the side or rear yard of the property and placed and positioned to fall within the property line. Mr. Perales, Interim City Manager, Development Services added that all wind generator permits are required to provide a site plan or lot plan detailing the layout of the property or buildings and identify the location of the placement of the wind generator. Minutes — Regular Council Meeting October 27, 2009 — Page 4 Mayor Adame called for public comment: Jim Ashmore, spoke about spacing ratios, safety issues, colliding of the units, and that the survival rate during hurricane force winds is substantial; Dan Vera, stated that the recommendations are based on horizontal axis. He added that the powered take off for vertical axis windmills are located at the bottom; Ray Madrigal, 1113 18th Street, spoke about spacing and the units falling within property line and the domino effect; Carolyn Moon, 4902 Calvin, spoke in support of the wind energy ordinance; Billy Rezeiska, currently owns a wind turbine and spoke of the benefits. A motion was made by Ms. Martinez seconded by Mr. Kieschnick and passed to close the public hearing. Council Member Kieschnick made a motion to adopt the Planning Commission's recommendation, seconded by Ms. Martinez. City Secretary Chapa polled the council for their votes: 16. FIRST READING ORDINANCE First Reading Ordinance amending the Corpus Christi Zoning Ordinance by adding new definitions in Sections 3-1, by re -designating Subsection 3-1.64.1 as Subsection 3-1.64.2, by re -designating and revising Subsection 3.1.67.3 as Subsection 3.1.67.4, by revising Subsections 3-1.65.2 and 3-1.65.5, by adding a new Article 27D, and revising Section 29-3.13, relating to the use, regulations, and review standards for the installation and siting of Wind Energy Conversion Units within the City Limits; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for severance; providing for penalties; providing for publication; and providing an effective date. An emergency was declared and the foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott voting "Aye"; Chesney, "Absent". Mayor Adame called for consideration of the consent agenda (Items 3 - 13). Ms. JoAnn Gilbertson, 4601 Gulfbreeze Boulevard requested that Item No. 14 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3.a. ORDINANCE NO. 028368 Ordinance appropriating $340,944 from anticipated revenues received from work performed by the Street Department for Capital Improvement Projects (CIP) into the General Fund No. 1020 for the purchase of one (1) asphalt paver; changing the FY 2009-2010 Operating Budget adopted by Ordinance No. 028252 by increasing revenues and expenditures by $340,944 each. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney, "Absent". Minutes — Regular Council Meeting October 27, 2009 — Page 5 3.b. MOTION NO. M2009-298 Motion approving the purchase of one (1) asphalt paver from Holt Cat, Corpus Christi, Texas in the amount of $340,944. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. This unit is a replacement to the fleet and will be used by the Street Department. Funds are available in the Street Operations Budget for FY 2009-2010. The foregoing motion was passed and approved with the following vote: : Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney, "Absent". 4. MOTION NO. M2009-299 Motion approving a service agreement with Apollo Towing, of Corpus Christi, Texas for wrecker service for City -owned vehicles in accordance with Bid Invitation No. BI - 0011 -10 based on best value for an estimated annual expenditure of $66,025 of which $49,518 is budgeted in FY 2009-2010. The term of the agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Maintenance Services and the Fire Department in FY 2009-2010. The foregoing motion was passed and approved with the following vote: Adler, Adame, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney, "Absent". 5. MOTION NO. M2009-300 Motion approving a supply agreement with Martin Marietta Materials, of Portland, Texas for flexible base caliche and crushed limestone base in accordance with Bid Invitation No. BI -0168-09, based on low bid, for an estimated annual expenditure of $190,570, of which $142,927.50 is required for FY 2009-2010. The term of the contract shall be for twelve months with an option to extend for up to two additional twelve months, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Gas, Water, Wastewater, Storm Water and Street Departments in FY 2009-2010. The foregoing motion was passed and approved with the following vote: Adler, Adame, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney, "Absent". 6. MOTION NO. M2009-301 Motion approving a 24 -month service agreement with Coastal Sweeping Service, of Corpus Christi, Texas, for street sweeping services in accordance with Bid Invitation No. BI -0170-09, based on low bid, for an estimated two-year expenditure of Minutes — Regular Council Meeting October 27, 2009 — Page 6 $553,757.80 of which $207,659.25 is budgeted for FY 2009-2010. The term of the agreement shall be for 24 months with an option to extend for up to two additional 12 -month periods, subject to the approval of the supplier and the City Manager or his designee. The service will be administered by the Storm Water Department. The foregoing motion was passed and approved with the following vote: Adler, Adame, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney, "Absent". MOTION NO. M2009-302 Motion approving insurance policies with Texas Municipal League Intergovernmental Risk Pool for Property & Casualty Insurance to include: Primary and Excess Aviation Liability, Excess Gas Utility Liability, Premises General Liability, Automobile Liability for TB Clinic Van, Auto Physical Damage, and Fleet Catastrophic and Crime Coverage, in accordance with Request for Proposal Number BI -0196-09 for an estimated one-year expenditure of $253,479.41 of which $190,109.56 is required for the remainder of FY 2009-2010. The term of the insurance policies will be for one year with an option to extend for up to four additional twelve-month periods subject to the approval of the service provider and the City Manager or his designee. This service will provide necessary coverage for all applicable City departments. Funds are available in the Liability/Employee Benefit—Liability Fund in FY 2009-2010. The foregoing motion was passed and approved with the following vote: Adler, Adame, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney, "Absent". 8. RESOLUTION NO. 028369 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Port of Corpus Christi Authority for the Police Department to share personnel for the purposes of staffing a joint search and recovery dive team. The foregoing resolution was passed and approved with the following vote: Adler, Adame, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney, "Absent". 9.a. ORDINANCE NO. 028370 Ordinance authorizing the City Manager, or his designee, to execute an On -Airport Rental Car Concession and Lease Agreement with the Hertz Corporation and Simply Wheelz, LLC, d.b.a. Advantage Rent-A-Car, to operate a concession and to lease real property and improvements located at the Airport in consideration of concession/lease payments, with a term expiring October 31, 2014, subject to return submission to the City of an executed agreement. Minutes — Regular Council Meeting October 27, 2009 — Page 7 An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney, "Absent". 9.b. ORDINANCE NO. 028371 Ordinance authorizing the City Manager, or his designee, to execute an On -Airport Rental Car Concession and Lease Agreement with DTG Operations, Inc. d.b.a. Dollar Rent A Car and as Thrifty Car Rental, to operate a concession and to lease real property and improvements located at the Airport in consideration of concession/lease payments, with a term expiring October 31, 2014, subject to return submission to the City of an executed agreement. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney, "Absent". 9.c. ORDINANCE NO. 028372 Ordinance authorizing the City Manager, or his designee, to execute an On -Airport Rental Car Concession and Lease Agreement with Gulf Coast Car Rentals, Inc., d.b.a. National Car Rental, to operate a concession and to lease real property and improvements located at the Airport in consideration of concession/lease payments, with a term expiring October 31, 2014, subject to return submission to the City of an executed agreement. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney, "Absent". 9.d. ORDINANCE NO. 028373 Ordinance authorizing the City Manager, or his designee, to execute an On -Airport Rental Car Concession and Lease Agreement with Coastal Bend Rent-A-Car, Inc., d.b.a. Avis Rent A Car, to operate a concession and to lease real property and improvements located at the Airport in consideration of concession/lease payments, with a term expiring October 31, 2014, subject to return submission to the City of an executed agreement. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney, "Absent". 9.e. ORDINANCE NO. 028374 Ordinance authorizing the City Manager, or his designee, to execute an On -Airport Rental Car Concession and Lease Agreement with EAN Holdings, L.L.C., d.b.a. Enterprise Rent-A-Car, to operate a concession and to lease real property and Minutes — Regular Council Meeting October 27, 2009 — Page 8 improvements located at the Airport in consideration of concession/lease payments, with a term expiring October 31, 2014, subject to return submission to the City of an executed agreement. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney, "Absent". 10.a. RESOLUTION NO. 028375 Resolution authorizing the City Manager or his designee to accept a grant from the U.S. Department of Housing and Urban Development for the 2009 Community Development Block Grant— Recovery (CDBG-R) Program and implement the grant for the following recipients: Coastal Bend Alcohol and Drug Rehabilitation Center, Inc., d.b.a. Charlie's Place ($105,500); Coastal Bend Center for Independent Living ($25,378); CPL/Bright Biz — Direct Energy ($70,000), Nueces County Mental Health and Mental Retardation Community Center Foundation ($75,000); Neighborhood Centers of Corpus Christi, Inc. ($125,000), and Westside Business Association ($100,000); and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Adler, Adame, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney "Absent". 10.b. ORDINANCE NO. 028376 Ordinance appropriating a grant of $911,062 from the U.S. Department of Housing and Urban Development for the 2009 Community Development Block Grant — Recovery (CDBG-R) Program in the No. 1059 Grant Fund for approved community planning and development projects and activities. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney, "Absent". 11. RESOLUTION NO. 028377 Resolution authorizing the City Manager or his designee to submit a grant application to the U. S. Department of Housing and Urban Development in the amount of $1,012,725 for the "HOME 2010" Continuum of Care Homeless Assistance Grant and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney, "Absent". Minutes — Regular Council Meeting October 27, 2009 — Page 9 12. RESOLUTION NO. 028378 Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Parks and Wildlife Department's Safe Boating Access Program in the amount of $500,000 for Phase II of reconstruction of "Billing's and Clem's" boat ramps located near John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel; with a land match from the value of leased land ($167,000) owned by the Texas Department of Transportation (TxDOT) and Texas General Land Office (GLO) for a total project cost of $667,000. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney, "Absent". 13. MOTION NO. M2009-303 Motion authorizing the City Manager or his designee to execute a construction contract with KJM Commercial of Corpus Christi, Texas, in the amount of $467,000 for Police Department Building Elevators, Phase I, for the Total Base Bid plus Additive Bid Item No. 1. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney, "Absent". Mayor Adame opened discussion on Item No. 14. Ms. Gilbertson spoke about the Corpus Christi Beach Task Force and that their main goal is connectivity. She asked if the council would consider extending the renaming of the Corpus Christi Beach Promenade to include the ship channel to the aquarium and the museum districts. Ms. Sally Gavlik, Director of Parks and Recreation stated that staff did not make this recommendation. She added that in their discussions with Mr. Keith Arnold, CEO, Convention & Visitors Bureau and the other amenities, until there is consistent direct transportation they were not making that recommendation. City Secretary Chapa polled the council for their votes: 14. FIRST READING ORDINANCE First Reading Ordinance — Naming the Promenade, sidewalks, and adjacent areas along Corpus Christi Beach, as the Corpus Christi Beachwalk. An emergency was declared and the foregoing ordinance was passed and approved on its first reading: Adame, Adler, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney and Kieschnick, "Absent". ************* Minutes — Regular Council Meeting October 27, 2009 — Page 10 Mayor Adame referred to the regular agenda and opened discussion on item No. 17, regarding recommendations for FY 2010 Corpus Christi Business and Job Development Corporation Affordable Housing Program. Ms. Margie Rose, Assistant City Manager stated that this is to award agreements to Habitat for Humanity for $150,000 for the construction of four new homes; and Nueces County Community Action Agency for $100,000 for the acquisition, rehabilitation, and resale of affordable homes. She added that they received seven proposals and staff is recommending these two organizations. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 17.a. RESOLUTION NO. 028381 Resolution authorizing the Corpus Christi Business and Job Development Corporation to execute an affordable housing project agreement with Habitat for Humanity — Corpus Christi, Inc., in the amount of $150,000 for construction of four new homes, and authorizing the City Manager or his designee to execute an affordable housing project administration agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the affordable housing project agreement between Corporation and Habitat for Humanity — Corpus Christi, Inc. for construction of four new homes. The foregoing resolution was passed and approved with the following vote: Adame, Elizondo, Marez, Martinez, and Scott,voting "Aye"; Adler, Chesney and Kieschnick, "Absent"; Leal, "Abstain". 17.b. RESOLUTION NO. 028382 Resolution authorizing the Corpus Christi Business and Job Development Corporation to execute an affordable housing project agreement with Nueces County Community Action Agency, in the amount of $100,000 for the acquisition, rehabilitation, and resale of existing affordable homes, and authorizing the City Manager, or his designee, to execute an affordable housing project administration agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the affordable housing project agreement between Corporation and Nueces County Community Action Agency for the acquisition, rehabilitation, and resale of existing affordable homes. The foregoing resolution was passed and approved with the following vote: Adame, Elizondo, Marez, Martinez, and Scott,voting "Aye"; Adler, Chesney and Kieschnick, "Absent"; Leal, "Abstain". Mayor Adame opened discussion on Item No. 18, regarding a grant for support of the Oso Bay Learning Center and Wetland Preserve. Ms. Sally Gavlik, Director of Parks and Recreation explained that this item is for a grant award of $314,901 by the General Land Office for the purchase of the Gaines property for the Oso Wetland area for 162 acres. She added that the park will be developed through a variety of funds and grant awards. Ms. Gavlik stated that they currently have over $4 million for the costs of the Minutes — Regular Council Meeting October 27, 2009 — Page 11 project which was estimated to be $6 million. They have two additional Texas Parks & Wildlife grants that will be submitted in January 2010 and in July 2010 to complete the project. The park will include a hiking trail, group camp ground, picnic area, amphitheater, nature theme playground, wetland areas, kayak area, and a learning center. She added that the learning center will be a green facility. Mayor Adame called for public comment. Ray Madrigal, 1113 18th Street, spoke about contamination in the Oso Bay area. Ms. Gavlik responded that there is 162 acres in this project and another 162 acres in the Oso Creek and that the more areas that you have to preserve as wetland areas, this will help reduce some of the contamination or bacteria. She added that they are looking at preserving a lot more of these areas that are located on the waters edge so that can improve the waters both in the creek and in the bay, and the more oasis in the creeks and bay it will help improve the levels. City Secretary Chapa polled the Council for their votes as follows: 18.a. RESOLUTION NO. 028383 Resolution authorizing the City Manager or his designer to execute all documents necessary to accept the $314,901 grant from the General Land Office (GLO), Coastal Management Program (CMP) grant for support of the Oso Bay Learning Center and Wetland Preserve; land match is 77.07 acre parcel of land held by Coastal Bend Bays and Estuaries Program. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Chesney and Leal, "Absent". 18.b. ORDINANCE NO. 028384 Ordinance appropriating $314,901 from the General Land Office (GLO) Coastal Management Program (CMP) grant in the No. 1067 Parks and Recreation Grants Fund for land acquisition for the Oso Bay Learning Center and Wetland Preserve. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Chesney and Leal, "Absent". Mayor Adame opened discussion on Item No. 19, the 2009 Community Development Block Grant, HOME Program and the Emergency Shelter Grant program. Mr. Eddie Ortega, Director of Neighborhood Services stated that they are requesting approval of the 2009 Community Development Grant in the amount $4,318,248, the HOME program in the amount of $2,182,635, and the Emergency Shelter Grant program in the amount of $149,354. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting October 27, 2009 — Page 12 19.a. RESOLUTION NO. 028385 Resolution authorizing the City Manager or his designee to accept grants from the U.S. Department of Housing and Urban Development (HUD) for the 2009 Community Development Block Grant ($4,318,248), HOME Program ($2,182,635), and the Emergency Shelter Grant Program ($149,354), and to execute all documents necessary to implement the City's 2009 Consolidated Annual Action Plan as authorized by HUD. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, voting "Aye"; Chesney, Leal, and Scott, "Absent". 19.b. ORDINANCE NO. 028386 Ordinance appropriating grants from the U. S. Department of Housing and Urban Development in the No. 1059 Grant Fund of $4,318,248 for the 2009 Community Development Block Grant Program, $2,182,635 for the HOME Program, and $149,354 for the Emergency Shelter Grant Program for approved community planning and development projects and activities. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, voting "Aye"; Chesney, Leal, and Scott, "Absent". 19.c. MOTION NO. M2009-304 Motion ratifying funding agreements with 2009 Community Development Block Grant Program, HOME Program, and Emergency Shelter Grant Program recipients to be effective August 1, 2009. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, voting "Aye"; Chesney, Leal, and Scott, "Absent". Mayor Adame opened discussion on Item No. 20, regarding the State School Sports Complex, Phase 1 and Old State School Property Development, Phase 2. Mr. Pete Anaya, Director of Engineering Services provided a brief overview including the background; project site, layout and scope; project delivery; project schedule; project costs and other improvements. Mayor Adame asked for comments from the audience. Ray Madrigal, 1113 18th Street asked about the specific area of the project, and if the general public would be allowed to use the complex. Ms. Sally Gavlik, Director of Parks & Recreation stated this would be a community park versus a neighborhood park. Minutes — Regular Council Meeting October 27, 2009 — Page 13 Council Member Adler thanked the Rotary Clubs for their work and fundraising efforts for the Miracle League Field. City Secretary Chapa polled the Council for their votes as follows: 20. MOTION NO. M2009-305 Motion authorizing the City Manager, or his designee, to execute a construction contract with KJM Commercial, Inc. of Corpus Christi, Texas in the amount of $1,800,845.30 for the State School Sports Complex, Phase 1 and Old State School Property Development, Phase 2 for the Base Bid. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, and Martinez, voting "Aye"; Chesney, Leal, Marez, and Scott, "Absent". * * * * * * * * * * Mayor Adame referred to the first presentation on the day's agenda, Item No. 21, Columbus Sailing Association. Ms. Margie Rose, Assistant City Manager explained that after the presentation she would provide additional information to seek direction from the council on this issue. Mr. John Torrey, President and Ms. Kim Mrazek, Vice President of the Columbus Sailing Association were the presentors. Ms. Mrazek stated that their proposal involves restoration of the ships to be a landmark tourist attraction for the city of Corpus Christi. Mr. Torrey and Ms. Mrazek explained each of the following phases: Phase 1, the restoration of the Nina; Phase 2, would occur 18 months Tater for the staging facility; Phase 3, to occur concurrently with the 18 months to restore the Pinta and Santa Maria at the Museum Plaza; Phase 4, the seaport construction to occur in year 3 or 4; and Phase 5, would be placing the ships in the water. The project would take about 4 years. Ms. Mrazek further explained the Columbus Day Curriculum Guide, 15th Century Sailing School, permanent display and activities, vision, restoration funding and the veteran's memorial plaza. Mr. Torrey added that as a fundraising mechanism, citizens could purchase bricks to be permanently displayed at the memorial plaza. Council members discussed the following: fundraising efforts; request for funding; insurance costs; timeline of the phases; ownership of the ships; status of appelbaum study; and support for the columbus ship association. In response to a question by Council Member Martinez, Mr. Rick Stryker, Director of Museum stated that there are three issues associated with the Appelbaum Study, they are getting the ships in good condition, access and visibility, and signage. Ms. Rose stated that following are five issues that need to be discussed. They are: 1) staff is recommending that the city enter into a Memorandum of Understanding for Phase 1, which is the repair and restoration of La Nina. Minutes — Regular Council Meeting October 27, 2009 — Page 14 Mayor Adame recessed discussions on this presentation and announced that the Council will listen to public comment. * * * * * * * * * * Carolyn Moon, 4902 Calvin, spoke about the length of the executive session period and tourism; Will Douglas, 5029 Royalton, spoke in support of the Brass Real Estate proposal for Memorial Coliseum; Carrie Robertson, 4401 Gulfbreeze Boulevard, spoke in support of the Corpus Christi Beachwalk project; Wilson Wakefield, 6026 Killarmet, spoke in opposition of Las Brisas Plant; Joe Ortiz, 3718 Mendenhall, stated that the American GI Forum supports Mr. Angel Escobar, City Manager, and the Brass Real Estate proposal for the Memorial Coliseum; Ray Madrigal, 1113 18th Street, spoke in support of the restoration of Memorial Coliseum and the Plaque; J.E. O'Brien, 4130 Pompano, spoke about changing the public comment period to Noon; supports open spaces on the bayfront, and spoke about $22 million sold in tax notes by the City in June 2008; Gerald Smith, spoke in support of the Texas Jazz Festival and elimination of special seating at the festival, and spoke about the wind energy ordinance. Dan Vera, 818 Savage Lane, spoke about the wind energy ordinance, and the restoration of the Columbus Ships; John Adams, spoke about the Brass Real Estate proposal for the development of Memorial Coliseum, and the restoration of the Columbus Ships; Abel Alonzo, thanked those who supported the Rock 'n Roll Walk, and the American GI Forum for getting involved, and spoke in support of the Brass Real Estate proposal for the development of Memorial Coliseum; David O'Connell, 4106 Castle Valley Drive, spoke in opposition of the Brass Real Estate proposal for Memorial Coliseum; Rudy Medina, 5413 Cain Drive spoke about code enforcement and light issues. Council Member Leal stated asked Mr. Escobar to schedule a visit for her. Mary Ann Kelly, spoke in opposition of the Brass Real Estate proposal for the development of Memorial Coliseum. Mayor Adame returned to the discussion regarding the Columbus Ships presentation. Ms. Rose returned and explained the following issues: 2) staff is recommending a three year agreement under the MOU with an option to renew, and the CSA is recommending a five year agreement with an automatic renewal every five year, 3) staff is recommending maintaining ownership, and the CSA is requesting transferring the ownership to the CSA; 4) staff is recommending no use of city employees, and the CSA is requesting the use of one employee from time to time to help coordinate activities during restoration, and they are also requesting that the City provide carpenters to replace the two cap rails on La Nina; and 5) referred to benchmark and timelines, but indicated that staff may be able to work through these issues. Council Members expressed their support for the Columbus Ship Association. The next presentation was Item No. 22, update on Process Improvements in the Development Services Department. Mr. Johnny Perales, Interim Assistant City Manager and George Arimes, President, Horizon Centre were the presentors. Minutes — Regular Council Meeting October 27, 2009 — Page 15 Mr. Perales provided a review of critical task including the hiring of vacant positions, develop new customer service training for both new and existing employees, evaluate results of customer surveys, and build foundation of the following core values, Courtesy, Respect and Pride". He further explained the primary customer service objectives, core business concepts, improve development services infrastructure, strategy to increase customer outreach efforts, improve business processes, expand staff knowledge and development opportunities. Mr. Perales explained the results of the customer results vs. the core business concepts between March 2009 and October 2009. Mr. Arimes provided a second presentation about a new hybrid process that allows projects based on complexity to move quickly through the process by providing project managers or point of contacts; standardize processes and developing a performance measurement program. He described the several phases and overall decision time to measure a standard project as being early project assistance, consistent application intake, technical review, make decision, construction inspection and project closeout. He stated that they want to measure how long it takes the customer to respond, how long it takes staff to prepare reports, time for hearings and time for applicant to finalize the project so that they can begin construction. He added for that a Type A project (simple type permits), the goal is 30 minutes or less; Type B projects would normally take 15 to 30 days, goal is 3 days or less; Type C projects (commercial, renovation or additions) would normally take 45 to 90 days, goal is 30 days or less; and a Type D project normally takes130 to 180 days, goal is 90 days or less. Council members discussed the following: implementation, checklist system to assist customers; status of master plans and codes; output measures and accountability; and status of answering phones. Mayor Adame announced that Presentation No. 23, Health and Risk Management Claims Report — 4th Quarter FY 2009/General Accounting Standards Board (GASB) Report, and No. 24, Change in Fiscal Year Update were being postponed. ************* Mayor Adame announced that the Council was returning to the executive session listed on the agenda as follows. Mayor Adame also stated that he would not be attending or participating in the discussion related to Item No. 2. 2. Executive session under Section 551.071, 551.072 and Section 551.087 of the Texas Government Code for deliberations regarding the lease of real property and for deliberations regarding the offer of a financial or other incentive to a business prospect relating to Memorial Coliseum with possible discussion and action related in open session. The Council went into executive session. The Council returned from executive session. Minutes — Regular Council Meeting October 27, 2009 — Page 16 Mr. John Bell, Legal Counsel provided a brief overview of the status of negotiations on the Coliseum project including the meetings held; request for proposal goals; city financial expense; areas of potential agreement. He further explained the following unresolved issues: ratio of apartments to retail space, amount of rent payments, funding for maintenance of Coliseum, Shoreline Realignment project, timing of City's $2 million investment, phasing of project development and phasing of project development. He added that the options are to extend negotiations to January 9, 2010 or terminate the negotiations with Brass. A motion was made by Council Member Adler, seconded by Council Member Martinez to terminate contract negotiations with Brass. City Secretary Chapa polled the council for their votes: 2. MOTION NO. 2009-306 Motion to terminate contract negotiations with Brass Real Estate. The foregoing motion was passed and approved with the following vote: Adler, Marez, Martinez and Scott, voting "Aye"; Elizondo, Kieschnick, and Leal, voting "No"; Adame "Abstain"; Chesney, "Absent". Council members each, respectively, expressed disappointment; offered comments about the differences between the Brass proposal and the Swim Center proposal; discussed other options for development; request for proposal process; issues with apartments on public bayfront property and the density of the project; Council Member Kieschnick made a motion to explore negotiations with the Swim Center group. The motion died for lack of second. Council Member Kieschnick directed staff to contact the Swim Center group to ask if they are still interested and if they would be willing to do a presentation in two weeks. Irma Caballero, Director of Economic Development suggested that the council set out their basic parameters, and that staff could come back with a presentation with options for their consideration and guidance on moving forward. ************* There being no further business to come before the Council, Mayor Pro Tem Marez adjourned the Council meeting at 7:30 p.m. on October 27, 2009. I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Christi City Council of October 27, 2009, which were approved by the City Council on November 10, 2009. WITNESSETH MY HAND AND SEAL, on this the 10th day of November, 2009. kJvta -O Slot/ C0 Armando Chapa City Secretary SEAL