HomeMy WebLinkAboutMinutes City Council - 11/17/2009PRESENT
Mayor Joe Adame
Mayor Pro Tem Priscilla Leal
Council Members:
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
John Marez
Nelda Martinez
Mark Scott
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
November 17, 2009 - 12:10 p.m.
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 with Christus Spohn Health
System and the Pledge of Allegiance to the United States flag was led by Council Member
Kieschnick.
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 November
10, 2009. A motion was made and passed to approve the minutes as presented.
************
Mayor Adame called for consideration of the consent agenda (Items 2 - 15). There were no
comments from the public. City Secretary Chapa polled the Council for their votes as follows:
2.a. MOTION NO. 2009-319
Motion approving the lease/purchase of one (1) single drum vibratory roller from Anderson
Machinery, of Austin, Texas in the amount of $111,605. The award is based on the
Cooperative Purchasing Agreement with the Houston Galveston Area Council (H -GAC). The
unit is a replacement to the fleet and will be used by the Street Department. Financing for
the single drum vibratory roller will be provided through the City's lease -purchase financing
program.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
2.b. MOTION NO. 2009-320
Motion approving the lease/purchase of equipment from the following companies for the
following amounts for a total amount of $354,168.99. The award is based on the
Cooperative Purchasing Agreement with the Texas Local Government Cooperative
(TLGPC). All units are replacements to the fleet and will be used by the Street Department.
Financing for the equipment will be provided through the City's lease -purchase financing
program. INDEXED
Minutes — Regular Council Meeting
November 17, 2009 — Page 2
Doggett Heavy Machinery
Services, LTD
Pharr, Texas
Line Item: 2
$146,943.99
Holt Cat
Irving, Texas
Line Item: 3
$91,955
Waukesha -Pearce Industries, Inc.
Houston, Texas
Line Item: 4
$115,270
Subtotal: $354,168.99
Grand Total (A) & (B): $465,773.99
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
3.a. MOTION NO. 2009-321
Motion authorizing the City Manager or his designee to purchase twelve months software
licensing and support (January 1, 2010 — December 31, 2010) for the Maximo application
suite of software from International Business Machines (IBM) Corporation of Pittsburgh,
Pennsylvania in an amount not to exceed $56,279.45 based on sole source.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
3.b. MOTION NO. 2009-322
Motion authorizing the City Manager or his designee to approve the purchase of continued
annual licensing and support costs from International Business Machines (IBM) Corporation
of Pittsburgh, Pennsylvania for the Maximo application suite of software subject to annual
appropriation of funds based on sole source.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
4. ORDINANCE NO. 028410
Ordinance appropriating $12,242 from contributions in settlement of an enforcement action
brought about by the Texas Commission on Environmental Quality 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, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
Minutes — Regular Council Meeting
November 17, 2009 — Page 3
5.a. RESOLUTION NO. 028411
Resolution authorizing the City Manager or his designee to accept a grant from the Texas
Parks and Wildlife Outdoor Recreation Program in the amount of $500,000 in the No. 1067
Parks and Recreation Grants Fund for recreational improvements as part of the Oso Bay
Learning Center and Wetland Preserve, with a $500,000 local land match from the
acquisition of 48.91 acres (Gaines Property).
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
5.b. ORDINANCE NO. 028412
Ordinance appropriating $500,000 grant from Texas Parks and Wildlife Outdoor Recreation
Program in the No. 1067 Park and Recreation Grants Fund to fund recreational
improvements as part of 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, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
6.a. RESOLUTION NO. 028413
Resolution authorizing the City Manager, or designee, to accept a grant from Texas Parks
and Wildlife Recreational Trails Program in the amount of $200,000 in the No. 1067 Parks
and Recreation Grants Fund for construction of the hiking/walking trail as part of the Oso
Bay Learning Center and Wetland Preserve, with a $ 57,935 match from the Fund No. 3291
Parks & Recreation 2009 General Obligation (GO) Capital Improvement Program (CIP)
Fund. (BOND ISSUE 2008)
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
6.b. ORDINANCE NO. 028414
Ordinance appropriating a $200,000 grant from Texas Parks and Wildlife Recreational Trails
Program in the No. 1067 Park and Recreation Grants Fund to fund construction of the
hiking/walking trail as part of 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, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
7.a. RESOLUTION NO. 028415
Resolution authorizing the City Manager or his designee to execute an Interagency
Cooperation contract with the Texas Historical Commission for the period January 1 through
December 31, 2010 wherein the Commission provides $30,000 to fund the hiring of a
person to conduct a complete reinventory of the La Belle Artifact Collections held at the
Corpus Christi Museum of Science and History.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
Minutes — Regular Council Meeting
November 17, 2009 — Page 4
7.b. ORDINANCE NO. 028416
Ordinance appropriating $30,000 from the Texas Historical Commission in the No. 1069
Museum Grants Fund to fund the hiring of a person to conduct a complete reinventory of the
La Belle Artifact Collections held at the Corpus Christi Museum of Science and History.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
8. MOTION NO. 2009-323
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with LNV Engineering of Corpus Christi, Texas, in the amount of $370,410 for the
Americans with Disabilities Act (ADA) Master Plan. (BOND ISSUE 2008) (CDBG)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
9.a. ORDINANCE NO. 028417
Ordinance appropriating $528,500 from Americans with Disabilities Act (ADA) Lawsuit
settlement proceeds into the No. 3530 Street Capital Improvements Program (CIP) Fund for
the ADA Improvements Group 1 Project No. E09050 and for other ADA Improvement
Projects.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
9.b. MOTION NO. 2009-324
Motion authorizing the City Manager, or his designee, to execute a Contract For Professional
Services with Goldston Engineering, a CH2M Hill Company of Corpus Christi, Texas in the
amount of $326,715, for design, bid, and construction phase services for Americans with
Disabilities Act (ADA) Improvements Group 1. (BOND ISSUE 2008)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
9.c. MOTION NO. 2009-325
Motion authorizing the City Manager, or his designee, to execute a Contract for Professional
Services with Maverick Engineering of Corpus Christi, Texas in the amount of $353,608, for
design, bid, and construction phase services for Americans with Disabilities Act (ADA)
Improvements Group 2. (BOND ISSUE 2008)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
Minutes — Regular Council Meeting
November 17, 2009 — Page 5
10. MOTION NO. 2009-326
Motion authorizing the City Manager or his designee to execute a construction contract with
Jhabores Construction of Corpus Christi, Texas, in the amount of $895,317 for the Kennedy
Causeway Lift Station Replacement project for the total base bid.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
11. MOTION NO. 2009-327
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with Naismith Engineering, Inc. of Corpus Christi, Texas, in the amount of
$226,125 for Robert Street from Gaines to Ocean Drive. (BOND ISSUE 2008)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
12. MOTION NO. 2009-328
Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the
Contract for Professional Services with Goldston Engineering, a CH2M Hill Company of
Corpus Christi, Texas in the amount of $92,900, for a total re -stated fee of $1,507,750 for
Kostoryz Road. (BOND ISSUE 2008)
• Kostoryz Road, Phase 1 from Horne to Sunnybrook
• Kostoryz Road, Phase 2 from Sunnybrook to SPID
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
13.a. RESOLUTION NO. 028418
Resolution authorizing the City Manager or his designee to accept grants from: the Texas
Parks and Wildlife Department's Safe Boating Access Program in the amount of $500,000,
the Coastal Bend Bays & Estuaries Program in the amount of $50,000, and the Saltwater -
Fisheries Enhancement Association in the amount of $67,000 for reconstruction of a boat
ramp located near John F. Kennedy Causeway on the north side of State Highway 358 on
Packery Channel; with City grant match of $50,000 in the No. 3289 Parks and Recreation
CIP Fund for a total project cost of $667,000.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
13.b. ORDINANCE NO. 028419
Ordinance appropriating a $500,000 grant from Texas Parks and Wildlife Department's Safe
Boating Access Program, a $50,000 grant from the Coastal Bend Bays and Estuaries
Program; a $67,000 grant from the Saltwater Fisheries Enhancement Association in the No.
1067 Park and Recreation Grants Fund for reconstruction of boat ramp located near John F.
Kennedy Causeway on the north side of State Highway 358 on Packery Channel; with City
grant match of $50,000 in the No. 3289 Parks and Recreation CIP Fund.
Minutes — Regular Council Meeting
November 17, 2009 — Page 6
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
13.c. MOTION NO. 2009-329
Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the
Contract for Professional Services with URS Corporation of Corpus Christi, Texas in the
amount of $151,365, for a total restated fee of $181,286, for Billing's Bait Stand and Clem's
Marina Boat Ramp Rehabilitation.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
14.a. MOTION NO. 2009-330
Motion authorizing the City Manager to execute a Deferment Agreement with RRAH Corpus
Christi, L.P., (Developer), in the amount $146,980.82 for public improvements including
construction of water and wastewater improvements for J. C. Russell Farm Blocks, Block 9,
Lot 13A, located west of Old Brownsville Road (FM 665) and north of Bear Lane, in
accordance with the Platting Ordinance Section V— Required Improvements, Subsection A.
3. b), contingent upon receipt of an acceptable form of financial document compliant with
City requirements.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
14.b. MOTION NO. 2009-331
Motion approving the Distribution Main Extension Construction and Reimbursement
Agreement submitted by RRAH Corpus Christi, L.P., developer of J. C. Russell Farm Blocks,
Block 9, Lot 13A, located west of Old Brownsville Road (FM 665) and north of Bear Lane, for
the extension of an 8 -inch water distribution main, including all related appurtenances.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
14.c. ORDINANCE NO. 028420
Ordinance appropriating $9,099.15 from the No. 4030 Distribution Main Trust Fund to
reimburse RRAH Corpus Christi, L.P., for the extension of an 8 -inch water distribution main,
including all related appurtenances for development of J. C. Russell Farm Blocks, Block 9,
Lot 13A, as specified in the Distribution Main Extension Construction and Reimbursement
Agreement.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
Minutes — Regular Council Meeting
November 17, 2009 — Page 7
15. RESOLUTION NO. 028421
Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement
with Del Mar College relating to the participation of the City and Del Mar College in
Reinvestment Zone No. Three, City of Corpus Christi, Texas.
The foregoing resolution 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 16, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 1009-09, Owens Brothers: Achange of zoning from "B-1" Neighborhood Business
District to "AB" Professional Office District, and "R -1B" One -family Dwelling District to "B-4"
General Business District resulting in a change of land use from vacant land use to general
business use on property described as:
1) Farmers Row, Block 1, Lot 3C
2) Farmers Row, Block 1, Lot 3E
3) Farmers Row, Block 1, Lot 3D
4) Farmers Row, Block 1, Lot 3A
5) Farmers Row, Block 1, Lot 4
6) A 4.7 acre tract of land out of and part of Lot 2 and Lot 15, Section 10, Flour Bluff
and Encinal Farm Garden Tracts.
Generally located on the southeast side of South Staples Street, approximately 808 feet
southwest of Lipes Street.
City Secretary Chapa stated that the Planning Commission recommended approval of the
"B-4" General Business District. City Secretary Chapa stated that staff recommended denial of the
"B-4" District.
Interim Assistant Director of Development Services Faryce Goode -Macon referred to a
powerpoint presentation including the description of the subject properties; the neighborhood land
use map; the zoning map; the current and proposed zoning; the 2007 aerial view; site existing land
use; views of the subject property; the future land use map; departmental comments; and
recommendations.
John Torrey, 7253 Yaupon, spoke regarding the neighborhood's traffic concerns on Staples
Street and asked the Council to keep the current zoning.
Brian Stone, representative for Owens Brothers Development, introduced owners Stan and
Byron Owens and Emily Rozypal with WKMC Architects. Ms. Rozypal referred to a powerpoint
presentation including the master plan for the property; views of the subject property; the future land
use; traffic concerns, the Texas Department of Transportation (TxDOT) map of the future median
construction, the Corridor Mobility study; layout of the site; and plans for the proposed project.
Minutes — Regular Council Meeting
November 17, 2009 — Page 8
The following topics pertaining to this item were discussed: the location of staffs suggestion
of a 15 -foot easement; the setback on the side and back of the building; the number of parking
spaces; the total square footage of the lifestyle space; and the square footage of the impervious
cover.
Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Scott, and passed.
Mr. Chapa polled the Council for their votes as follows:
16. ORDINANCE NO. 028422
Ordinance amending the Zoning Ordinance, upon application by the Owens Brothers, by
changing the Zoning Map in reference to (1) Farmers Row, Block 1, Lot 3C, (2) Farmers
Row, Block 1, Lot 3E, (3) Farmers Row, Block 1, Lot 3D, (4) Farmers Row, Block 1, Lot 3A,
(5) Farmers Row, Block 1, Lot 4, and (5) Farmers Row, Block 1, Lot 4, and (6) 4.7 acre tract
of land out of and part of Lot 2 and Lot 15, Section 10, Flour Bluff & Encinal Farm Garden
Tracts, from "B-1" Neighborhood Business District, "AB" Professional Office District and "R-
1 B" One -family Dwelling District to "B-4" General Business District; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan;
providing a repealer clause; providing a penalty; and providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Scott, voting
"Aye"; Martinez voting "No"; Adame abstained.
Mayor Adame referred to Item 17, and a motion was made, seconded and passed to open
the public hearing on the following platting ordinance exemption:
17. Public hearing to consider an Ordinance exempting Nueces River Irrigation Park, Block 2,
Lot 2A subdivision from the payment of wastewater lot or acreage fees under Section
V.B.6.I) of the Platting Ordinance; requiring the owner/developer to comply with the specified
conditions.
Assistant City Manager of Development Services Johnny Perales reported that Grace United
Methodist Church has relocated and expanding to a property located at FM 624, Nueces River
Irrigation Park, Block 2, Lot 2A. Mr. Perales stated that staff and the Planning Commission have
determined that wastewater services will not be available to the area within the 15 -year timeframe
and recommend waiving of the sanitary sewer requirements.
Council Member Scott asked questions regarding the difference between this project and
other developments south of the Oso that were denied a waiver. Mr. Perales stated that those
projects involved extension of the water system and issues with the looping of the water system.
Council Member Leal stated that she did not feel that the City should exempt fees.
No one appeared in opposition to the platting ordinance exemption. Mr. Elizondo made a
motion to close the public hearing, seconded by Mr. Kieschnick, and passed. Mr. Chapa polled the
Council for their votes as follows:
17. ORDINANCE NO. 028423
Ordinance exempting Nueces River Irrigation Park, Block 2, Lot 2A subdivision from the
payment of wastewater lot or acreage fees under Section V.B.6.I) of the Platting Ordinance;
requiring the owner/developer to comply with the specified conditions.
Minutes — Regular Council Meeting
November 17, 2009 — Page 9
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and
Scott, voting "Aye"; Leal voting "No".
*************
Mayor Adame opened discussion on Item 19 regarding changing the date of the City of
Corpus Christi Council Elections. City Secretary Chapa stated that the Legislature passed House Bili
1945 which repealed the section of the Election Code that authorized the City to hold elections in
April of odd numbered years. The bill further authorized the city and school districts within the City
limits to choose a uniform election date on the second Saturday in May or the first Tuesday after the
first Monday in November. Mr. Chapa added that the City was informed by the Secretary of State
and confirmed by a legal opinion that the City Charter restricts the City from moving the election to
November. The Council is limited to moving elections to the May uniform election date only at this
time. Mr. Chapa reported that the Council can select to move the election to November of either
even or odd years through a Charter amendment election before December of 2010. Mr. Chapa
stated that staff is requesting direction as to whether Council would like to pursue having a Charter
election in November to move the election date to either odd or even years in November.
The following topics pertaining to this item were discussed: the timeframe for Council to
decide whether to hold a Charter election; the costs to the City to hold an election in May or
odd/even years in November; surveying what other cities are doing; and the order of the ballot
during an odd year election in November.
Mayor Adame called for comments from the audience. Carolyn Moon, 4902 Calvin, spoke in
support of moving the election date in November of even number years.
Council Member Scott asked staff to survey whether other cities are holding stand alone
elections, or if they have changed to the November election date. The Council directed staff to place
an item on the agenda to discuss holding a Charter amendment election next year and present the
last Charter Commission recommendations.
City Secretary Chapa polled the Council for their votes as follows:
19. FIRST READING ORDINANCE
Changing the date of the City of Corpus Christi City Council Elections for 2011 and
subsequent years from the first Saturday in April to the May Uniform Election Date, which is
the second Saturday in May, and adjusting the City Council terms of office to conform to the
new election date.
The foregoing ordinance was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
Mayor Adame opened discussion on Item 18 regarding options for redevelopment of the
Memorial Coliseum. John Bell, Attorney, referred to a powerpoint presentation on the options
concerning the Coliseum site including involving third party users with the National Swimming
Center, Leisure Horizons, CC Ice Rays or issuing a new request for proposal.
Mayor Adame called for comments from the audience. David O'Connell, 4106 Castle Valley
Drive, spoke in support of the National Swim Center to develop an aquatics center at the Memorial
Coliseum. Robin Dinn, 206 Leming, spoke in support of the National Swim Center proposal. Curt
Broomfield, 222 Whitely, spoke in support of the swim center. Carolyn Moon, 4902 Calvin, spoke
Minutes — Regular Council Meeting
November 17, 2009 — Page 10
regarding the use of bond funds to restore or repair and coliseum and support for the swim center or
an open air pavilion concepts. Ray Madrigal, 1113 18th Street, spoke regarding the petition
submitted to the City Secretary's Office with 9,061 signatures of individuals interested in saving the
Coliseum and asked the Council not to vote to tear it down. Dan Vera, 818 Savage, spoke in support
of reformatting and rededicating the Coliseum. J.E. O'Brien, 4130 Pompano, spoke regarding the
Coliseum generating additional revenue to support the budget shortfall. Mary Lou Huffman, 402 Old
Robstown Road, spoke in opposition to demolishing the Coliseum asked the Council to preserve
this landmark of the City. Abel Alonzo, 1701 Thames, spoke regarding the issues the council has
been presented.
Diane Metz, representative of Grow Corpus Christi, spoke regarding economic development
growth for the downtown area and showed a video of individuals supporting that development. Trian
Serbu spoke in support of an open bayfront concept and in opposition to any proposal to build
additional building and structures on the adjacent land. Melissa Hofstetter, 6326 Whitaker, spoke in
support of a year round ice skating rink and the Brass proposal. Richard Loya, 1314 Tyler Avenue,
spoke in support of ice skating at the Memorial Coliseum. Norman Navarro, Defend Corpus Christi,
stated that the Coliseum should honor veterans. Mr. Navarro said he supported development but not
the Brass proposal. Jose Mendez, 5817 Crestford, spoke in favor of restoring the Memorial
Coliseum. Bob Algeo, 15629 Three Fathoms, spoke regarding the deterioration of the Coliseum and
wished the Council luck in coming to a decision for the Coliseum. George Clower, 304 S.
Morningside, provided a brief presentation on saving the Coliseum and building a memorial pavilion
to become a festival park.
Adam Scott, 5440 Everhart, spoke in support of the swim center. Sheila Cudd, 7106 Fort
Collins, thanked the council members that opposed the Brass Development project and spoke in
favor of a park type development. Blake Farenthold, 601 Ocean Drive, stated that there needs to be
an anchor on the south end of downtown and urged the Council to support commerce and not
another park. John Kelley, 413 Waco, spoke regarding the master plan and intent of the property.
J.J. Hart, 14871 Cobo De Bara; Phillip Ramirez, 322 Santa Monica; Joe Hilliard, 3714 Schwerin
Lake; and Mark Minutaglio, provided a presentation and spoke in support of a Discovery Green
project concept. Weldon Miller, 10600 Westwood Drive, spoke in support of the Brass or Icerays
projects. Carrie Robertson, 4401 Gulfbreeze Boulevard, spoke in support of a Discovery Green
concept. Mary Ann Kelley, 4302 Schanen, stated that she was not in support of demolition.
MayorAdame made a motion to demolish the Coliseum and pursue a discovery green type
concept for that area to move the community forward. The motion was seconded by Mr. Scott.
Council Member Leal requested a copy of the letter sent to Brass to end negotiations. Mr.
Bell said Brass was notified by telephone. Ms. Leal asked how the City would fund the $2 million for
demolition. Assistant City Manager Oscar Martinez responded that the funding could come from the
fund balance or the issuances of certificates of obligation. Council Member Leal spoke in support of
continuing the Brass negotiations.
Council Member Kieschnick said he could not support the motion on the table for additional
park space and recommended amending the motion to pursue demolition and work concurrently
with the National Swimming Center Corporation (NSCC). Council Member Chesney stated that he
was hesitant to support demolition and did not think it was appropriate to include the discovery
green type concept as a viable option. Mr. Chesney encouraged supporting an adaptive reuse for
the Coliseum. A brief discussion ensued regarding the legal opinion as to whether the land could be
developed and if the property is dedicated as park land.
Council Member Adler said that she would like to honor the veterans in some capacity but
stated that she supported the motion. In response to Council Member Martinez, City Manager
Minutes — Regular Council Meeting
November 17, 2009 — Page 11
Escobar stated that the demolition process would take a total of 22 weeks with the City incurring
costs immediately for asbestos testing. Ms. Martinez asked whether the Council could negotiate
simultaneously with two parties. Mr. Bell reported that the request for proposal only allows
negotiations with one party at a time. Ms. Martinez supported the swim center proposal and asked
questions regarding the height restrictions and number of guaranteed swim meets for the swim
center. Ms. Martinez also addressed the proposal from Leisure Horizons. Council Member Marez
stated that he wanted the community to move forward with economic development and supported
demolition with a concurrent option.
Council Member Scott expressed his frustrations over NCSS's lack of response to questions
asked by the Council regarding guaranteed swimming events. Mr. O'Connell with NCSS stated that
given the opportunity, NCSS would provide the Council with a business plan and materials
supporting the guaranteed swimming events. Mr. Scott spoke in support of a green space to
stimulate economic growth. Council Member Elizondo thanked Ray Madrigal and Diane Metz for
their efforts to engage the public in the Coliseum process. Mr. Elizondo stated that he could not
support the motion with the park option attached. Council Member Leal requested that staff research
if the Memorial Coliseum is a building on the preservation list. Council Member Chesney discussed
the timetable for demolition; having simultaneous negotiations with NCSS and Leisure Horizons if
the parties agreed to it or negotiations with one party if the other is not successful.
Director of Economic Development Irma Caballero spoke regarding the Leisure Horizons
proposal, their background check, and the commitment of $1 million per year in rent and marketing.
Ms. Caballero suggested considering the facets that were offered with the Leisure Horizons
proposal.
Council Member Chesney urged the Mayor Adame to amend his motion to include
demolition, move forward with consideration of the NCSS proposal first and the Leisure Horizons
proposal second within the period of time for demolition.
Mayor Adame amended his motion to move forward with the demolition of the Coliseum; wait
for a title opinion on the use of that land; if the title opinion states that the additional parking area can
be used and developed, pursue a low density plan for the development of that area; if it can not be
developed, it has to remain a park. Mr. Scott accepted the amendment. City Secretary Chapa polled
the Council for their votes as follows:
The foregoing motion failed with the following vote: Adame, Adler, Marez, and Scott, voting
"Aye"; Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "No".
Mr. Chesney made a motion to begin process to demolish the Memorial Coliseum and move
concurrently to negotiate with the National Swimming Center Corporation (NSCC) during the next 8 -
week period by January 12, 2010. The motion was seconded by Ms. Martinez. City Secretary Chapa
polled the Council for their votes as follows:
18. MOTION NO. 2009-332
Motion to begin process to demolish Memorial Coliseum and move concurrently to negotiate
with the National Swimming Center Corporation (NSCC) during the next 8 -week period by
January 12, 2010.
The foregoing motion was passed and approved with the following vote: Chesney, Elizondo,
Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adame, Adler, and Scott, voting "No".
Minutes — Regular Council Meeting
November 17, 2009 — Page 12
Mr. Chesney made a motion to make negotiations regarding the Memorial Coliseum public to
the extent practical with only proprietary or confidential information reserved for closed session. The
motion was seconded by Ms. Leal. City Secretary Chapa polled the Council for their votes as
follows:
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
City Manager Escobar stated that staff would proceed with the demolition by engaging in the
inspection and asbestos testing, hiring an architect to provide the specifications for demolition and
bringing forth an item for Council approval for reimbursement in anticipation to go out for certificates
of obligation.
*************
Mayor Adame called for petitions from the audience. Carolyn Moon, 4902 Calvin, spoke
regarding the behavior of the City's parking meter attendants. Dan Vera, 818 Savage, spoke
regarding economic development. Tony Hartwell spoke regarding a complaint filed at Animal Control
Services. Alicia Benavides, 7252 Mansions, asked the Council to bring back negotiations with Brass
Real Estate. Sandy and Glenn Laskowski, 15817 Grenadine, spoke regarding Nueces County
shutting down their restaurant at Bob Hall Pier. Mary Ann Kelly, 4302 Schanen, spoke regarding her
opinion on the City Charter.
*************
Mayor Adame opened discussion on Item 20 the City of Corpus Christi Economic
Development Incentive Policies for 2009-2011. Director of Economic Development Irma Caballero
introduced President and CEO of the Corpus Christi Regional Economic Development Corporation
Roland Mower and Patrick Wiltshire with the Economic Development Office. Mr. Wiltshire referred to
a powerpoint presentation including a background on the policies; changes to existing policies; and
additional to local, state and federal incentives. Mr. Mower stated that a majority of these incentives
are available to new and existing companies.
The following topic pertaining to this item was discussed: the incentive to encourage use of
additional natural gas.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
20. RESOLUTION NO. 028424
Resolution adopting the City of Corpus Christi Economic Development Incentive Policies
2009-2011.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
Mayor Adame opened discussion on Item 21 regarding an allocation from the Texas
Department of Housing and Community Affairs. Director of Neighborhood Services Eddie Ortega
explained that this item was a resolution to accept an allocation from the Texas Department of
Housing and Community Affairs appointing Mother Teresa Shelter, Inc as the sole direct designee.
Minutes — Regular Council Meeting
November 17, 2009 — Page 13
Linda McKamie and Sylvia Ford spoke regarding the expansion of the facility to provide
assistance to the homeless.
City Secretary Chapa polled the Council for their votes as follows:
21. RESOLUTION NO. 028425
Resolution authorizing the City Manager or his designee to accept an allocation from the
Texas Department of Housing and Community Affairs in the amount of $779,446 for the
Homeless Housing and Services Program; appointing Mother Teresa Shelter, Inc., as the
sole direct designee to provide services, in lieu of the City, for the expansion of daytime
shelter services to benefit the homeless; and authorizing the City Manager or his designee to
execute all related documents necessary to implement the program.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Leal, Marez, and Martinez, voting "Aye"; Kieschnick and Scott were
absent.
*************
Mayor Adame recessed for a meeting of the Corpus Christi Community Improvement
Corporation (CCCIC).
*************
Mayor Adame reconvened the regular Council meeting. Mayor Adame referred Item 23
regarding an overview of the FY2010 Capital Budget and Capital Improvement Planning (CIP)
Guide. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including the
capital budget approach; general obligation/certificates of obligation and revenue bond debt service;
utility debt service; summary of utility rate model; sample water bills; comparison of water and storm
water regional bills; planning commission recommendation; utility project financing cycle; the
proposal to manage the CIP pressure on utility rates; and recommendations to be finalized prior to
the CIP adoption.
The following topics pertaining to this item were discussed: the impact on the credit agency
ratings for increase in storm water spending; the regional residential comparison of water and storm
water charges; whether Laredo and McAllen have separated storm water fees; the reason
wastewater costs are so much; the effect of eliminating projects classified as ongoing maintenance
costs; the status of the new master plan; storm water trust funds; how the City is currently
addressing the storm water debt; the amount the rating agencies would prefer for the City to spend
in the CIP; and future street work to include utilities.
*************
There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at 5:43 p.m. on November 17, 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 November 17, 2009, which were approved by the City
Council on December 8, 2009.
WITNESSETH MY HAND AND SEAL, on this the 8th day of December, 2009.
Armando Chapa
City Secretary
SEAL