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.
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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.
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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".
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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