HomeMy WebLinkAboutMinutes City Council - 12/08/2009PRESENT
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
December 8, 2009 - 12:00 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 Ms. Jeanne Gardiner with Unity by the Sea Church and the
Pledge of Allegiance to the United States flag was led by Council Member John Marez.
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 workshop and regular Council
meeting of November 17, 2009. A motion was made and passed to approve the minutes as
presented.
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Mayor Adame announced the executive sessions, which were listed on the agenda as
follows:
2. Executive session pursuant to Texas Government Code, Section 551.074 Personnel Matters
for deliberations on former Municipal Juvenile Court Judge regarding appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or
employee or to hear a complaint or charge against an officer or employee.
3. Executive Session under Section 551.072 of the Texas Government Code regarding
Landry's Seafood & Steakhouse Corpus Christi, Inc. lease of real property in the Corpus
Christi Marina, with possible discussion and action in open session.
The Council went into executive session. The Council returned from executive session.
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Mayor Adame referred to Item 4 and the following board appointments were made:
Arts and Cultural Commission
Karina Paris (Appointed)
C.C. Aquifer Storage and Recovery Conservation District
Rudy Garza (Reappointed)
Margie Rose (Reappointed)
Fred Segundo (Reappointed)
INDEXED
Minutes — Regular Council Meeting
December 8, 2009 — Page 2
Library Board
Lawrence Jordan (Reappointed)
James M. Martin (Reappointed)
Lucy McCracken (Reappointed)
Mary Jane Garza (Appointed)
John B. Keys (Appointed
Port of Corpus Christi Authority
Robert Kostelnik (Appointed)
North Padre Island Development Corporation
Joe Adame (Reappointed)
Chris N. Adler (Reappointed)
Brent Chesney (Reappointed)
Kevin Kieschnick (Reappointed)
Larry Elizondo (Reappointed)
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Mayor Adame called for consideration of the consent agenda (Items 5 - 21). Mr. Jack Gordy
requested that Items 10 and 20 be pulled for individual consideration. Council members requested
that Items 6, 13 and 19 be pulled for individual consideration. City Secretary Chapa polled the
Council for their votes as follows:
5. ORDINANCE NO. 028426
Ordinance authorizing the City Manager, or his designee, to execute a five-year lease
agreement with Landry's Seafood & Steak House - Corpus Christi, Inc. (Landry's), to operate
a restaurant barge at the Peoples Street T -Head, including adjacent space for boardwalk,
with monthly lease payments of $6,000 from January 1, 2010 through December 31, 2011,
$6,300 from January 1, 2012 through December 31, 2013, $6,657 from January 1, 2014
through December 31, 2014, or 2.75% of monthly gross sales, whichever is greater.
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. MOTION NO. 2009-334
Motion approving the lease of a 90 hp tractor with Fuller Tractor Company of Beeville, Texas
for the total amount of $52,522.56, of which $10,212.72 is required in FY 2009-2010. The
award is in accordance with Request for Proposal No. BI -0036-10 and is based on best
value. The term of the lease is for thirty-six months. The tractor will be used by the Park
and Recreation Department. Funds have been budgeted by Park and Recreation in FY
2009-2010.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
8.a. MOTION NO. 2009-335
Motion authorizing the City Manager or his designee to accept grant funding in the amount of
$14,999.80 from the Texas Department of Transportation for an Impaired Driving
Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement
overtime within the Police Department with a City match of $6,693.25 and to execute all
related documents.
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
December 8, 2009 — Page 3
8.b. ORDINANCE NO. 028427
Ordinance appropriating $14,999.80 from the Texas Department of Transportation for
funding of an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP)
grant for DWI enforcement overtime within the Police Department in No. 1061 Police Grants
Fund.
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. ORDINANCE NO. 028428
Ordinance appropriating $639,409 from the estimated program income revenue in the No.
1066 Health Grants Fund as State Fiscal Year 2009-2010 program income to fund
laboratory and public health services for the period of September 1, 2009, through August
31, 2010.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
11. MOTION NO. 2009-336
Motion approving the allocation of $58,615.08 from the Hotel Occupancy Tax Fund and
$32,884.92 from the General Fund to fund grant contracts with sixteen (16) arts and cultural
organizations for a total of twenty-two (22) arts projects. Funding was authorized in the FY
2009-2010 budget.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
12. RESOLUTION NO. 028430
Resolution amending City Council policies adopted by Resolution No. 021901 regarding
naming of City Facilities, to prohibit the renaming of a facility already named in honor of a
person, group, or event.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
14. MOTION NO. 2009-337
Motion authorizing the City Manager or his designee to execute all documents necessary to
execute an Administrative Services Agreement with the International City/County
Management Association Retirement Corporation (ICMA-RC), a Delaware nonprofit
corporation headquartered in Washington, D.C., based in ICMA-RC's proposal submitted in
response to the City's RFP # BI -0200-09 for Employee 457(b) Deferred Compensation Plan
Administration and Investment Services, for a five-year term with the option to renew, subject
to approval of ICMA-RC and the City Manager or designee, for up to five additional one-year
periods. There are no City funds involved in the service agreement, as the plan is for
voluntary employee contributions only.
Minutes — Regular Council Meeting
December 8, 2009 — Page 4
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
15. MOTION NO. 2009-338
Motion authorizing the City Manager or his designee to execute an Interlocal Cooperation
Agreement to accept, process, and dispose of solid waste delivered by Aransas County at
the City's Cefe Valenzuela Municipal Landfill for a period of one year, renewable annually
until 2029.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
16. MOTION NO. 2009-339
Motion authorizing the City Manager or his designee to execute a construction contract with
R.S. Black Civil Contractors, Inc. of Corpus Christi, Texas, in the amount of $470,000 for the
Oso Water Reclamation Plant Aerobic Digester No. 2 Improvements.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
17. MOTION NO. 2009-340
Motion authorizing the City Manager, or his designee, to execute Amendment No. 24 to the
Engineering Services Contract with Pierce, Goodwin, Alexander and Linville, Inc., (PGAL) of
Dallas, Texas, in an amount not to exceed $100,023.50, for a restated not to exceed total
fee of $3,410,771.10 for additional construction management and inspection services, which
were requested by the Federal Aviation Administration (FAA), for the Corpus Christi
International Airport Airfield Equipment and Maintenance Facility, Air Rescue Fire Fighting
Building Improvements, Terminal Re -Roofing (Old Wing) 2008, Toll Plaza Foundation
Repairs, and Terminal Building Addition of Chiller No. 3.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
18. RESOLUTION NO. 028433
Resolution determining a public necessity to acquire a Drainage Easement and a Temporary
Construction Easement known as Parcels 25 and 25-TCE for the North Port Avenue— IH 37
to US 181 street project (BOND ISSUE 2004), a Street and Storm Water drainage project,
for the public purpose, use, and construction of storm water drainage improvements and for
other related drainage purposes; and authorizing the City Manager and the City Attorney to
acquire the subject parcels by means of negotiations or by exercise of the City's power of
eminent domain.
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
December 8, 2009 — Page 5
21. ORDINANCE NO. 028434
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. (First Reading — 11/17/09)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting
"Aye".
Mayor Adame opened discussion on Item 10 regarding an appropriation from a grant
provided by Time Warner's Cable Franchise for public access channel equipment. Jack Gordy,
4118 Bray, stated that the wording should state that the grant is from Time Warner and Grande
Communications. Mr. Gordy added that the producers will appreciate this additional equipment. In
response to Council Member Marez, Mr. Gordy explained that he, as PAUG President, handles the
issuance of equipment to producers. Director of Public Information Kim Womack reported that the
PAUG is self-insured should the equipment be stolen. Council Member Martinez asked whether the
language needed to be corrected to reflect that the grant is also provided by Grande
Communications. Ms. Womack stated that the language did not need to be corrected because
Grande has not submitted to the fund in the last two years since going to the state franchise and
Interim City Attorney Lisa Aguilar concurred. City Secretary Chapa polled the Council for their votes
as follows:
10. ORDINANCE NO. 028429
Ordinance appropriating $1,232.32 from a grant provided by Time Warner's cable franchise
from the general fund reserve for commitment of public access equipment; changing the FY
2009-2010 operating budget adopted by Ordinance No. 028252 to increase appropriations
by $1,232.32.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
Mayor Adame opened discussion on Item 20 regarding an amendment to the Code of
Ordinances, Public Access Rules and Procedures. Jack Gordy, 4118 Bray, requested that the
language "commercial business" be added to Section 55-447(c)(1).
Council Member Marez made a motion to include "commercial business" to Section 55-
447(c)(1). The motion was seconded by Ms. Martinez and passed with the following vote: Adame,
Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
City Secretary Chapa polled the Council for their votes as follows:
20. FIRST READING ORDINANCE
Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 Regarding Public
Access Rules and Procedures, to renumber subsections; revising and updating Subsection
1 Rules for Participation, Subsection 2 Technical Standards and Production Requirements,
Subsection 3 How Programs are Scheduled and Cablecast, Subsection 4 Defined Terms,
Subsection 5 Amendments to Rules, Subsection 6 Violations of Rules, providing for
publication; and providing an effective date of February 1, 2010.
Minutes — Regular Council Meeting
December 8, 2009 — Page 6
The foregoing ordinance was passed and approved as amended on its first reading with the
following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
Mayor Adame opened discussion on Item 6 regarding the lease purchase of three (3) brush
trucks from Siddons Fire Apparatus, Inc. In response to Council Member Leal, Fire Chief Richard
Hooks stated that the Fire Department currently has two trucks in services that need to be
reconditioned. Chief Hooks added that the three (3) additional trucks are being purchased to rebuild
the fleet. Council Member Martinez asked what the timeframe would be to refurbish the two (2) older
trucks. Chief Hooks stated that the refurbishment may take up to six (6) months. City Secretary
Chapa polled the Council for their votes as follows:
6. MOTION NO. 2009-333
Motion approving the lease purchase of three (3) brush trucks from Siddons Fire Apparatus,
Inc. of Manor, Texas in the amount of $239,830. The award is based on the cooperative
purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC).
These units are new to the fleet and will be used by the Fire Department. Funding for the
lease purchase of equipment 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".
Mayor Adame opened discussion on Item 13 regarding the establishment of the Arena
Maintenance and Repair Reserve Account. Council Member Kieschnick asked whether the council
will be notified of expenditures made from this fund. Assistant City Manager Margie Rose stated that
only expenditures over $50,000 will require council action. City Secretary Chapa polled the Council
for their votes as follows:
13.a. RESOLUTION NO. 028431
Resolution approving the actions of the Board of Directors of the Corpus Christi Business
and Job Development Corporation that established the Arena Maintenance and Repair
Reserve Account in the Fund No. 1130 "Arena Facility Fund," transferred $150,000 from the
Arena unreserved fund balance in the Fund No. 1130 "Arena Facility Fund" to the Arena
Maintenance and Repair Reserve Account, and authorized the Corporation's Executive
Director to expend funds for repairs and emergency expenditures from the Arena
Maintenance and Repair Reserve Account without the approval of the Board of Directors
under the same policies and practices as the City Manager is authorized to expend money
on behalf of the City of Corpus Christi without approval by the City Council.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Marez was absent.
13.b. ORDINANCE NO. 028432
Ordinance appropriating $150,000 from the Arena unreserved fund balance in the Fund No.
1130 "Arena Facility Fund" to establish the Arena Maintenance and Repair Reserve
Account; changing the FY 2009-2010 Operating Budget adopted by Ordinance No. 028252
by increasing proposed expenditures by $150,000.
Minutes — Regular Council Meeting
December 8, 2009 — Page 7
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott,
voting "Aye"; Marez was absent.
MayorAdame opened discussion on Item 19 regarding a lease agreement with the Corpus
Christi Police Officers' Association. In response to Mayor Adame, City Manager Escobar stated that
this property is not listed as a historical designation. Paul Pierce, Procurement Manager, spoke
regarding the City's and Association's responsibilities. Mayor Adame stated that he would like the
exterior of the building to be maintained to its natural condition. City Secretary Chapa polled the
Council for their votes as follows:
19. FIRST READING ORDINANCE
Authorizing the City Manager, or his designee, to execute a twenty-year lease agreement
with the Corpus Christi Police Officers' Association, a not for profit corporation, for use of
City property located at 908 Park Avenue, Corpus Christi, Texas, to operate a youth athletic
boxing program, in consideration of monthly rental payments of fifty dollars ($50.00); and
providing for publication.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting
"Aye";.
* * * * * * * * * * * * *
MayorAdame referred to Item 22, and a motion was made, seconded and passed to open
the public hearing on the platting ordinance exemptions:
22. Public Hearing to consider and Ordinance exempting Nueces River Irrigation Park, Block 2,
Lot 3B subdivision from the payment of wastewater lot or acreage fees under Section
V.B.6.1) of the Platting Ordinance; requiring the owner/developer to comply with the specified
conditions.
Assistant City Manager of Development Services Johnny Perales stated that the owners of
Nueces River Irrigation Park Subdivision are expanding their property and requesting exemption
from payment of wastewater lot and acreage fees. Mr. Perales added that staff and planning
commission have determined that wastewater services will not be likely served by the City within the
next 15 years and recommend approval of the exemption.
No one appeared in opposition to the platting ordinance exemption. Mr. Scott made a motion
to close the public hearing, seconded by Mr. Chesney, and passed. Mr. Chapa polled the Council for
their votes as follows:
22. ORDINANCE NO. 028435
Ordinance exempting Nueces River Irrigation Park, Block 2, Lot 3B subdivision from the
payment of wastewater lot or acreage fees under Section V. B.6.1) of the Platting Ordinance;
requiring the owner/developer to comply with the specified conditions.
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
December 8, 2009 — Page 8
Mayor Adame referred to Item 23, and a motion was made, seconded and passed to open
the public hearing on the following platting ordinance exemption:
23. Public Hearing to consider and Ordinance exempting Riverside Acres, Block 12, Lots 5A, 5B
& 5C subdivision from the payment of wastewater lot or acreage fees under Section V.B.6.1)
of the Platting Ordinance; requiring the owner/developer to comply with the specified
conditions.
Assistant City Manager of Development Services Johnny Perales stated that the owners of
Riverside Acres are platting the property to build new residential buildings and requesting exemption
from payment of wastewater lot and acreage fees. Mr. Perales added that staff and planning
commission have determined that wastewater services will not be likely served by the City within the
next 15 years and recommend approval of the exemption.
No one appeared in opposition to the platting ordinance exemption. 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:
23. ORDINANCE NO. 028436
Ordinance exempting Riverside Acres, Block 12, Lots 5A, 5B & 5C subdivision from the
payment of wastewater lot or acreage fees under Section V. B.6.1) of the Platting Ordinance;
requiring the owner/developer to comply with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
Mayor Adame referred to Item 24, and a motion was made, seconded and passed to open
the public hearing on the following street closure:
24. Public Hearing to consider and First Reading Ordinance abandoning and vacating a 82,830 -
square foot portion of the Resaca Street public right-of-way, located between the N.
Tancahua Street and Sam Rankin Street public rights-of-way, subject to compliance with the
specified conditions.
Assistant City Manager of Development Services Johnny Perales explained that this item is
the proposed closure of Reseca Street for additional right-of-way required for the proposed
Broadway Wastewater Treatment Plant re -construction project. In response to Council Member
Leal, Mr. Perales reported that the fair market value of the property is $2,500.
No one appeared in opposition to the street closure. Mr. Chesney made a motion to close
the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council fortheirvotes
as follows:
24. FIRST READING ORDINANCE
Abandoning and vacating a 82,830 -square foot portion of the Resaca Street public right-of-
way, located between the N. Tancahua Street and Sam Rankin Street public rights-of-way,
subject to compliance with the specified conditions.
Minutes — Regular Council Meeting
December 8, 2009 — Page 9
The foregoing ordinance was passed and approved on its first reading with the following
vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting
"Aye".
Mayor Adame referred to Item 25, and a motion was made, seconded and passed to open
the public hearing on the capital improvement program:
25. Public Hearing to consider and First Reading Ordinance approving the FY 2010 Capital
Budget and Capital Improvement Planning Guide in the amount of $202,877,800.
Assistant City Manager Oscar Martinez referred to a powerpoint presentation including the
capital budget approach and highlights; funding sources; funding uses by program; revenues by
type; program expenditures; and recommendations.
The following topics pertaining to this item were discussed: reducing dependence on the
commercial paper program; revising the timeline of the adoption of the capital improvement
program; changes to the Solar Estates Drainage Improvement project and construction timeline;
completion of the Padre Island Elevated Storage Tank; installation of the Southside Water
Transmission Main Phase 7 & 8; water pressure and reliability of water on the island; whether the
city was cited by the auditors for including maintenance projects in the CIP; timeframe for the CIP
recommendations; the estimated costs of the water line across the Laguna Madre; and the capital
reserve fund balance.
Council Member Scott requested an update on the Unified Development Code and master
plans. Council Member Leal requested a list of line item balances for every department.
Mayor Adame called for public comment. Wilson Wakefield, 6026 Killarmet, spoke regarding
increased future taxes.
Ms. Martinez made a motion to close the public hearing, seconded by Mr. Scott, and passed.
Mr. Chapa polled the Council for their votes as follows:
25. FIRST READING ORDINANCE
Approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the
amount of $202,877,800.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Adame, Adler, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney and
Elizondo were absent.
*************
Mayor Adame opened discussion on Item 26 regarding an agreement between the Corpus
Christi Business and Job Development Corporation and Del Mar College for the development of the
Northwest Learning Center.
Dr. Mark Escamilla, President of Del Mar College, stated that Del Mar is requesting funding
for the establishment of a Northwest Learning Center in the Calallen area to expand educational
services. Mr. Harris provided a powerpoint presentation on the reasons for developing the learning
center; the project site; the program services; proposed timeline; investment; and the return on
investment. Ed Lamb, CEO of the Corpus Christi Medical Center, stated that this program is
important to attract young people to the health care professions and grow new jobs. Trey
Minutes — Regular Council Meeting
December 8, 2009 — Page 10
McCampbell, Chair of the Board of Regents of the Del Mar College, thanked the Council for this
opportunity and asked for support of the project. County Commissioner Mike Pusley spoke in
support of this project.
Council Member Marez spoke in support of the project and asked Del Mar to consider a
downtown campus in the future.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
26. RESOLUTION NO. 028437
Resolution approving a Business Incentive Agreement between the Corpus Christi Business
and Job Development Corporation and Del Mar College for development of the Northwest
Learning Center, which grants $979,000 for the costs of rehabilitating the existing
improvements and constructing the Northwest Learning Center at 13725 Northwest
Boulevard, including the purchase of fixtures, furnishings, equipment, and instructional
equipment; and authorizing the City Manager, or his designee, to execute a Project Support
Agreement with the Corpus Christi Business and Job Development Corporation regarding
implementation and administration of the Del Mar College Northwest Learning Center
Business Incentive Agreement.
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 27 regarding the Memorial Coliseum Project.
Mayor Adame abstained from the discussion on this item. John Bell, Attorney, stated that the
negotiating committee has had two conference calls and exchanges of letters with the
representatives from the National Swim Center Corporation (NSCC). Mr. Bell reported that there
were four issues that were problematic including the 60 -year lease limitation; the timing on the
Shoreline Realignment Project; density and height limitations; and funding. Mr. Bell added that the
lease limitation and timing of the Shoreline Realignment project have been resolved. The NSCC has
concerns with the height of the hotel and the parking. Mr. Bell explained that the City has also
notified the NSCC that the City will commit $2 million to the project; however, the NSCC will have to
look for other funding sources to bridge the gap of the additional $5 million needed for their project.
Fred Yeo, President of the Board for NSCC, spoke regarding the underground parking
issues; alternative funding options including infrastructure or federal monies available; the letter from
the NSCC regarding the development of the swim center; the feasibility of the pool structure; and the
$27 million costs for redevelopment of the Coliseum. Bill Harrison stated that he was looking to
secure state and federal funding; grants; and private commitments.
The following topics pertaining to this item were discussed: the height variance required for
the parking garage; the effect of the project to the marina; the height restrictions; the title opinion;
the 1940 deed to the City from Carrie Lichtenstein stating that the city would not construct any
building except for governmental purpose east of the property; the original RFP land specifications;
the open space requirements; feasibility study; whether the pool will be above ground or in ground;
the additional $5 million funding requirement; an economic impact study; an update on the
demolition process and timeline; the petition process; the original proposal from NSCC; Regional
Transportation Authority (RTA) funding for the parking structure; consideration on city incentives;
project management; the development agreement with USA Swimming Foundation; the financial
guarantee from Alexandrina Development; the site plan; whether apartments are planned for the
development; maintenance and operations of the swim center facility; the square footage of the
Minutes — Regular Council Meeting
December 8, 2009 — Page 11
development; whether the City has submitted a letter to the Texas Historical Commission advising
them on the potential lease of the Coliseum site or demolition; and discussing the project in open
session.
Council Member Chesney stated that he would like to revisit the 30% open space
requirement. Mr. Chesney also requested a feasibility study on whether a pool can be built in the
Coliseum structure. Council Member Scott asked for clarification as to whether NSCC is required to
do a feasibility study and the partnership agreement with USA Swimming Foundation. Council
Member Martinez requested a copy of the financial assurance letter confirming the commitment of
$20 million for this project; a site plan; and the historical data on the events sanctioned for the swim
center. Council Member Leal asked staff to submit a letter to the Texas Historical Commission
advising them of the demolishment or potential lease of the project site greater than five acres for
development of Memorial Coliseum.
Mayor Pro Tem Leal called for comments from the audience. John Kelley, 413 Waco, spoke
regarding the Coliseum site being considered a public park and subject to public vote prior to a long
term lease. Huxley Smith, 1930 Thames, spoke regarding the structural problems of the Coliseum.
Carolyn Moon, 4902 Calvin, asked questions regarding the cost for demolition and spoke regarding
the placing the Coliseum on the capital improvement program. Wilson Wakefield, 6026 Killarmet,
spoke regarding the restrictions on the Memorial Coliseum property.
* * * * * * * * * * * * *
Mayor Adame called for petitions from the audience. Huxley Smith, 1913 Thames, asked the
City to research whether the public restrooms on Magee Beach can be opened. Susie Luna-
Saldana, 4710 Hakel, spoke regarding the Port commissioner appointment. Wilson Wakefield, 6026
Killarmet, spoke in opposition to the Las Brisas plant. Colin Sykes, 309 Aberdeen, thanked the
Council for supporting GlobalWatt and spoke regarding the time scheduled for public comment. Mr.
Sykes also spoke in opposition to the Las Brisas plant. Daniel Vera, 818 Savage, spoke regarding
an economic development project. Rey Madrigal, 1113 18th Street, spoke regarding the historical
and cultural value of the Coliseum and the petition process to restore the Coliseum.
*************
Mayor Adame referred to Item 31 regarding the 2009 Defense Community Conference and
Upcoming City/Navy Joint Land Use Study. Bob Payne, Senior City Planner, referred to a
powerpoint presentation including background information; topics discussed; land use and
compatibility; the Joint Land Use Study (JLUS); the existing air installation compatible use zones;
JLUS benefits; JLUS funding; initial steps; and the JLUS policy committee membership.
*************
Mayor Adame opened discussion on Item 28 regarding the renaming of Jackson Woods
Park to Matthew Thebeau Memorial Park. Stacie Talbert, Interim Director of Parks and Recreation,
stated that the Corpus Christi Police Department requested renaming the park in honor of fallen
officer Matthew Thebeau. Ms. Talbert provided a timeline of events to rename the park and the
location of the park. Ms. Talbert reported that the Park and Recreation Advisory Committee
supported the request.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
Minutes — Regular Council Meeting
December 8, 2009 — Page 12
28. FIRST READING ORDINANCE
Renaming the park located at 3221 Richmond at Up River Road and IH 37 from "Jackson
Woods Park" to Matthew Thebeau Memorial Park.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting
"Aye".
Council Member Chesney requested direction on submitting to the Council the naming of
Veterans Memorial Bayfront Park. City Secretary Chapa stated that the Council would need to
concur to allow the city to apply for name the park. Council Member Chesney directed staff to
develop a proposal for allowing the City Council to name the park and bring back for council action.
MayorAdame opened discussion on Item 29 regarding an appeal by Bernice Denmon of the
Building Standards Board. City Secretary Chapa stated that the applicant has requested to postpone
the item to a later date. Council Member Leal made a motion to postpone Item 29. The motion was
seconded by Mr. Kieschnick.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
29. POSTPONED
commonly known as 2817 Lawton Street.
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MayorAdame referred to Item 30 regarding the Mary Rhodes Pipeline Phase II (Garwood)
Financial Plan. Assistant City Manager Oscar Martinez referred to a powerpoint presentation
including a background; breakdown of water customers; demand of the water supply; demand on
the water supply assuming new supplies; route options being examined; project status summary;
estimated project costs; financing; project variables; estimated additional impact to customers; and
future options to consider.
The following topics pertaining to this item were discussed; whether Garwood could be
financed through bonds; the current construction costs; the risk of losing water rights; the schedule
for paying off the debt for the Mary Rhodes Pipeline; and discussions with Matagorda County.
Council Member Martinez requested that staff provide a business model for the Mary
Rhodes Pipeline Phase 2.
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There being no further business to come before the Council, MayorAdame adjourned the
Council meeting at 5:48 p.m. on December 8, 2009.
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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 December 8, 2009, which were approved by the City
Council on January 12, 2010.
WITNESSETH MY HAND AND SEAL, on this the 12th day of January, 2010.
Armando Chapa
City Secretary
SEAL