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HomeMy WebLinkAboutMinutes City Council - 12/15/2009PRESENT 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 15, 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 Reverend Greg Hackett with First United Methodist Church and the Pledge of Allegiance to the United States flag was led by Council Member 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 announced the executive sessions, which was listed on the agenda as follows: 1. 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, with possible action in open session. The Council went into executive session. The Council returned from executive session. ************ Mayor Adame referred to Item 2 and the following board appointments were made: Corpus Christi Regional Economic Development Corp. Leon Loeb (Reappointed) Art Granado (Appointed) Leadership Committee for Senior Services Arnold Villarreal (Appointed) Maria Clarissa Lopez (Appointed) ************ Landmark Commission Kris Cardona (Reappointed) Herb Morrison (Reappointed) Laura Commons (Appointed) Alan Wahlstorm (Appointed) Dr. Mark Robbins (Appointed) INDEXED Minutes — Regular Council Meeting December 15, 2009 — Page 2 Mayor Adame called for consideration of the consent agenda (Items 3 — 18.1.). City Secretary Chapa announced that Item 18.1. was added to the consent agenda on a supplemental agenda. There were no comments from the public. Council members requested that Items 7 and 10 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as fol lows: 3. MOTION NO. 2009-341 Motion authorizing the purchase of equipment for a total amount of $81,316 utilizing funds from the 2007 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund 1062. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick was absent. 4.a. ORDINANCE NO. 028438 Ordinance appropriating $135,867.39 from the Unreserved Fund Balance of General Fund No. 1020 for the design, installation, maintenance and support of audio/video equipment used in broadcasting Government Access Television Programming; changing the FY2009- 2010 Operating Budget adopted by Ordinance No. 028252 by increasing expenditures by $135,867.39. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick was absent. 4.b. MOTION NO. 2009-342 Motion approving an agreement with Media Rushworks, LLC d.b.a. Rushworks , of Flower Mound, Texas, for the Design, Installation, Maintenance and Support of AudioNideo Equipment in accordance with Request for Proposal Number BI -0230-09 in the amount of $266,967.39. The term of the agreement is three years. This service will be used by the Public Information Office. Funds are available in the General Fund in FY 2009-2010. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnickwas absent. 5. MOTION NO. 2009-343 Motion approving the purchase of two (2) mini track excavators from John Deere Construction Retail Sales, of Moline, Illinois in the amount of $58,803.16. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. These units are replacements to the fleet and will be used by the Wastewater Department. Funds are available in the Capital Outlay Budget of the Maintenance Services Fund. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnickwas absent. Minutes — Regular Council Meeting December 15, 2009 — Page 3 6.a. MOTION NO. 2009-344 Motion authorizing the City Manager or his designee to purchase twelve months email archiving services from Government Marketing & Procurement, LLC of Reston, Virginia for Sonian Archive Services in an amount not to exceed $70,460.00 based on GSA Contract* GS -35F -0858N. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick was absent. 6.b. MOTION NO. 2009-345 Motion authorizing the City Manager or his designee to approve purchase of continued annual email archiving services from Government Marketing & Procurement, LLC of Reston, Virginia for Sonian Archive Services subject to annual appropriation of funds based on GSA Contract # GS -35F -0858N. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick was absent. 8. RESOLUTION NO. 028440 Resolution approving amendment to the City investment policy to change the maximum total amount that may be invested in any Public Funds Investment Pool to be five percent of the total current invested balance of the pool; changing the maximum total amount that may be invested in any one overnight Public Funds Investment Pool to thirty percent and other administrative changes; and approving the investment policy as amended. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick was absent. 9. RESOLUTION NO. 028441 Resolution reaffirming the Debt Management Policy for the City of Corpus Christi. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick was absent. 11. MOTION NO. 2009-346 Motion authorizing the City Manager, or his designee, to execute a construction contract for the Base Bid No. 1, Schedule B with Bay, Ltd., of Corpus Christi, Texas in an amount not to exceed $479,827 for the Corpus Christi International Airport for the Taxiway B4 Widening between West General Aviation Apron and Taxiway F. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick was absent. 12. MOTION NO. 2009-347 Motion authorizing the City Manager, or his designee, to execute a construction contract with Malek, Inc. of Corpus Christi, Texas in the amount of $705,023 for the Museum of Science Minutes — Regular Council Meeting December 15, 2009 — Page 4 and History HVAC/Air Handling Unit/Chiller/Generator and Fire/Security Repairs and/or Replacement for the Total Base Bid and Additive Alternate Bid No. 2. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick was absent. 13. MOTION NO. 2009-348 Motion authorizing the City Manager or his designee to execute a construction contract with A. Ortiz Construction and Paving of Corpus Christi, Texas, in the amount of $370,950 for Rolled Curb and Gutter Replacement FY 2009-2010 for the Total Base Bid Part A and Part B. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick was absent. 14.a. MOTION NO. 2009-349 Motion authorizing the City Manager, or his designee, to execute the Interlocal Cooperation Agreement between the City of Corpus Christi and Nueces County for an amount up to $1,200,000 to be paid by Nueces County and $1,200,000 to be paid by the City for the shared total project cost of widening and improving County Road 52 from County Road 69 to US 77. (subject to the approval of Nueces County) (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick was absent. 14.b. ORDINANCE NO. 028443 Ordinance appropriating an amount of $1,200,000 in anticipated revenues from Nueces County in the No. 3530 Street CIP Fund for the joint project between the City and Nueces County to widen and make certain improvements to County Road 52 known as the County Road 52 (from County Road 69 to US 77) Project; changing the FY 2008-2009 Capital Improvement Budget adopted by Ordinance No. 028006 to increase appropriations by $1,200,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick was absent. 14.c. MOTION NO. 2009-350 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Maverick Engineering Inc. of Corpus Christi, Texas, in the amount of $254,477 for preliminary design, design, bid and construction phase services, and additional services for County Road 52 from County Road 69 to US 77. (subject to the approval of the Interlocal agreement with Nueces County for the shared funding of County Road 52) (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick was absent. Minutes — Regular Council Meeting December 15, 2009 — Page 5 14.d. MOTION NO. 2009-351 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Maverick Engineering Inc. of Corpus Christi, Texas, in the amount of $132,040 for preliminary design, design, bid and construction phase services, and additional services for County Road 69 from County Road 52 to FM 624. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick was absent. 15. ORDINANCE NO. 028444 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 36 regarding Adopt A Park Procedures. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick was absent. 16. ORDINANCE NO. 028445 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. (First Reading —12/08/09) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick was absent. 17.a. MOTION NO. 2009-352 Motion to amend Ordinance prior to Second Reading to abandon and vacate a portion of Resaca Street public right-of-way by revising the area of the property from an 82,830 - square -foot portion to a 73,830 -square -foot portion of Resaca Street right-of-way, the revised area being property shown on the attached survey and more particularly described in the attached metes and bounds. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick was absent. 17.b. ORDINANCE NO. 028446 Abandoning and vacating an 82,830 -square foot portion of the Resaca Street public right-of- way lying adjacent to Sam Rankin Street and west of North Tancahua Street (as shown on the attached survey and more particularly described in the attached metes and bounds), subject to compliance with the specified conditions. (First Reading — 12/08/09) Minutes — Regular Council Meeting December 15, 2009 — Page 6 The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick was absent. 18. ORDINANCE NO. 028447 Renaming the park located at 3221 Richmond at Up River Road and IH 37 from "Jackson Woods Park" to Matthew Thebeau Memorial Park. (First Reading —12/08/09) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick was absent. 18.1. MOTION NO. 2009-353 Motion authorizing the City Manager or his designee to execute Change Order No. 2 to a construction contract in the amount of $41,364.75 for a restated not to exceed contract price of $290,864.74 with Hamman Excavating, Inc. of Corpus Christi, Texas, for installation of a 6 -foot tall industrial grade aluminum decorative security fence, gates, key pad and appurtenances for the Wards Building Rehabilitation and Parking Lot Project (Base Bid A — new paved parking lot). The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick was absent. Mayor Adame opened discussion on Item 7 regarding an amendment to the airport farm lease agreement with Matt Danysh. In response to Council Member Martinez, Director of Aviation Fred Segundo stated that the 11.88 acres was removed as part of the capital improvement project for a parameter road. City Secretary Chapa polled the Council for their votes as follows: 7. ORDINANCE NO. 028439 Ordinance authorizing the City Manager, or his designee, to execute an amendment to the Airport farm lease agreement with Matt Danysh to modify the lease premises effective December 1, 2009 and extend the term until August 31, 2012. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick was absent. Mayor Adame opened discussion on Item 10 regarding fundraising activities for the Columbus Ships. Council Member Leal announced that she was excited that the citizens and business community were working together to restore the ships. Council Member Marez recommended that the Columbus Sailing Association engage the Boyscouts in the process of repairing the ships. City Secretary Chapa polled the Council for their votes as follows: 10. RESOLUTION NO. 028442 Resolution supporting the fundraising activities of the Columbus Sailing Association for the Columbus Ships. Minutes — Regular Council Meeting December 15, 2009 — Page 7 The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnickwas absent. ************* Mayor Adame referred to Item 19, and a motion was made, seconded and passed to open the public hearing on the proposed Cottage Housing District ordinance: 19. Public Hearing for Proposed Cottage Housing District Ordinance; by adding a new Article 6B, "Cottage Housing District"; by including new definitions; by revising sections 4A-2, 4B-2, 4C-2, 5-2, 10-2, and 13-2 to allow cottage housing as a permitted use; and providing development standards and regulations; providing for increased density and low -impact development on smaller lots within the city limits. Lisa Wargo, City Planner, introduced the presentation team including David Loeb, Carolyn Moon, and Bart Braselton. Ms Wargo referred to a powerpoint presentation including the purpose and intent of the ordinance; the concept and characteristics; site arrangement; recommended zoning; lot dimensions; floor area and setback requirements; design requirements; required common open space; sidewalk requirements; parking requirements; examples of completed cottage developments; building incentives; impervious and pervious cover; and goals of the ordinance. Abel Alonzo, 1701 Thames, spoke regarding accessibility of the cottage housing district. Ms. Wargo stated that the sidewalks in the district would be ADA regulated and addressed during the site plan review. Mr. Alonzo recommended scheduling a public hearing with the Committee for Persons with Disabilities. Daniel Vera, 118 Savage Lane, expressed concern regarding the design standards and solar energy. The following topics pertaining to this item were discussed: accessibility; additional pervious drives and paths; location for the cottage housing; and infill development. Council Member Marez encouraged staff to consider developing a cottage housing district in the center of town. Mayor Adame recommended involving the Gas Department in this project to promote the use of natural gas. Mr. Marez made a motion to close the public hearing, seconded by Ms. Martinez, and passed. ************* Mayor Adame opened discussion on Items 22.1.a. and 22.1.b. and 22.2 regarding incentive agreements with Air Products, LLC. and MarkWest Gas Services, LLC and the disannexation of property owned by MarkWest Javelina Company, LLC. Director of Economic Development Irma Caballero introduced CEO of the Corpus Christi Regional Economic Development Corporation (EDC)Roland Mower. Ms. Caballero referred to a powerpoint presentation including an overview; background of the economic incentive policies; and a map of the Air Products and MarkWest Properties. Ms. Caballero explained that Air Products, LLC is requesting a Chapter 380 Agreement that treats their new investment as if it were in the industrial district and provided a brief overview of the project description; financial impact; and the impact to the City. Ms. Caballero stated that Air Products will produce clean burning transportation fuels. Minutes — Regular Council Meeting December 15, 2009 — Page 8 Council Member Martinez asked questions regarding the completion of construction. Mr. Mower stated that Air Products was at 80% completion. A brief discussion ensued regarding the expansion of the industrial district. Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, thanked the Economic Development Department and the EDC for recommending this project and spoke in support of the project. Carolyn Moon, 4902 Calvin, asked questions regarding the disannexation of the property for MarkWest Javelina Company. Ms. Caballero reported that the property is being recommended for disannexation to allow MarkWest Javelina Company to purchase their own gas. City Secretary Chapa polled the Council for their votes as follows: 22.2. RESOLUTION NO. 028452 Resolution authorizing the City Manager to execute a Chapter380 Incentive Agreement with Air Products, LLC, for the development and operation of a Steam Methane Reformer, to be known as the Corpus Christi Hydrogen SMR facility, that offers benefits similar to those afforded to industries in the City's Industrial Districts. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Kieschnick; Leal, Marez, Martinez, and Scott, voting "Aye"; Elizondo abstained. Ms. Caballero provided a brief overview of the MarkWest Gas Services, LLC including the project description; the Chapter 380 Incentive agreement; disannexation of the gas meter yard; the economic impact study; and financial impact. Ms. Caballero stated that staff is recommending approval of the Chapter 380 agreement providing for partical reimbursement of ad valorem taxes of the Corpus Chrisit Hydrogen SMR Interconnect facility and disannexation to allow MarkWest Javelina to purchase their own natural gas. Council Member Leal requested that staff compile a list of current and future economic development projects and the project status to be displayed at City Hall. City Secretary Chapa polled the Council for their votes as follows: 22.1.a. RESOLUTION NO. 028450 Resolution authorizing the City Manager to execute a Chapter 380 incentive agreement with MarkWest Gas Services, LLC, providing for the partial reimbursement of ad valorem taxes on the Corpus Christi Hydrogen SMR Interconnect Facility. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Kieschnick; Leal, Marez, Martinez, and Scott, voting "Aye"; Elizondo abstained. 22.1.b. ORDINANCE NO. 028452 Ordinance disannexing approximately 1.00 acre of land, more or less, being 0.01 acres of existing Up River Road right-of-way and 0.99 acres owned by MarkWest Javelina Company, LLC, adjacent to the city limits along Up River Road; providing for amendment of the official maps of the City of Corpus Christi; providing an effective date. Minutes — Regular Council Meeting December 15, 2009 — Page 9 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Kieschnick; Leal, Marez, Martinez, and Scott, voting "Aye"; Elizondo abstained. ************* Mayor Adame referred to Item 20, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1109-03, N. M. Edificios, LLC: A change of zoning from the "F -R" Farm -Rural District to the "1-2" Light Industrial District on property described as 32.41 acres out of State Survey No. 402 and 316, located at 8602 State Highway 44, generally located approximately 1,500 feet east of Clarkwood South Road, and west of South Bockholt Road. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "1-2" Light Industrial District. Interim Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including an aerial photograph; zoning map; existing land use map; the "F- R" and "1-2" allowable uses; views of subject property; the future land use map; department comments; and recommendations. No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 028448 Amending the Zoning Ordinance, upon application by N. M. Edificios, LLC, by changing the Zoning Map in reference to 32.41 acres out of State Survey No. 402 and 316, located at 8602 State Highway 44, from "F -R" Farm -Rural District to "1-2" Light Industrial 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: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Mayor Adame referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0809-02, Mostafa Bighamian: A change of zoning from "B-4" General Business District to an "1-2" Light Industrial District on the property described as Woodlawn Estates, Block 4, Lots 11 and 12, generally located on the north side of South Padre Island Drive, approximately 2,800 feet southeast of Airline Drive. (Applicant request to table until January 26, 2010) City Planner Lisa Wargo stated that the applicant is requesting that this zoning case be tabled until January 26, 2010. Minutes — Regular Council Meeting December 15, 2009 — Page 10 Mayor Adame called for comments from the audience. Reno Del Bosque, 1429 Claire, stated that the neighborhood is in opposition to the zoning change and spoke regarding the incidents on the property involving the police; violations of the zoning ordinance; and illegal dumping. Ms. Martinez made a motion to deny the zoning change request. The motion was seconded by Mr. Scott. City Secretary Chapa polled the Council 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". 21. FAILED penalty; providing for publication. ************* Mayor Adame opened discussion on Item 23 regarding the FY2010 Capital Budget and Capital Improvement Planning (CIP) Guide. Assistant City Manager Oscar Martinez stated that the CIP program is being recommended with changes to the debt service policy to adopt the CIP with the operating budget; evaluating and reducing the utility requirement of the street project; reducing the CIP dependence on commercial paper by use of newly established capital reserve funds; and eliminating maintenance projects from the CIP. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 23. ORDINANCE NO. 028449 Approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (First Reading —12/08/09) 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 24 regarding an amendment to a service agreement with Dolphin Sales and Service Inc. Assistant City Manager Oscar Martinez stated that this item is a continuation of a decision made during the operating budget process to implement a single -stream recycling program. Mr. Martinez added that staff is recommending deferring the decision on the contract to allow the City to consider altering or changing the recommendation until after the review of the budget. A brief discussion ensued regarding the savings of the new collection recycling program. Mr. Kieschnick made a motion to delay the approval of Item 24 until January 19, 2010. The motion was seconded by Ms. Leal. City Secretary Chapa polled the Council as follows: Minutes — Regular Council Meeting December 15, 2009 — Page 11 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 25 regarding a contract with Humana Insurance Company. Director of Human Resources Cynthia Garcia explained that this item is for the approval of a service agreement with Humana Insurance Company to provide fully insured health and pharmacy plan and other related services for Medicare -eligible retirees participating in the Citicare plan. Ms. Garcia stated that staff is not recommending the pre -65 insurance plan at this time. Ms. Garcia added that the recommended plan will reduce premiums for retirees and will reduce the unfunded liability substantially. Ms. Garcia introduced Randy McGraw and representatives from Humana. In response to Council Member Martinez, Ms. Garcia reported that the unfunded liability would be reduced by $21 million over a 30 -year period. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 25. MOTION NO. 2009-354 Motion authorizing the City Manager or his designee to execute all documents necessary to enter into a three-year service contract with Humana Insurance Company of Louisville, KY to provide a retiree health insurance plan and other related services to Medicare -eligible retirees, dependents, and survivors participating in the Citicare Plan in accordance with Request for Proposal Number BI -0153-09. 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 22 regarding the Memorial Coliseum. Mayor Adame recused himself from the discussion on this item. John Bell, Attorney, provided a brief overview of three letters submitted to the Council by the National Swimming Center Corporation (NSCC) in response to questions raised at the December 8th meeting including the development partnership relationship; confirmation of sanctioned events; and the commitment of $20 million from Alexandra Development to the project. Mr. Bell addressed the issue of the $5 million shortfall for the project and provided a revised site plan. Fred Yeo, President of the NSCC, provided an explanation of the revised site plan and spoke regarding the criteria for open space; the issue of the project currently having 165 hotel rooms and that number not being economically viable to the project; widening or increasing the height limit of the hotel/retail section to infringe on the open space; use of the old City Hall site (Tract B); the setback on the property line; restoration of the Coliseum; and parking. Bill Harrison spoke regarding the status and methods of finding additional sources of funding to cover the $5 million shortfall. The following topics pertaining to this item were discussed: the current height of the hotel based on the site plan; the number of hotel rooms needed for the project to be economically viable; the number of people projected to come to sanctioned events; the status on the additional funding required; the estimate of improvements; whether the TIF can include the new and improved amount of the Coliseum and the land of the subject property; the open space; Tract B identified as park land; use of the Shoreline right-of-way; use of the backline of S. Shoreline; when NSCC will produce a proforma; whether the City could issue bonds for the parking garage; the current zoning of the property and the height requirements for that zoning; service parking; use of Type A or CDBG funds; Minutes — Regular Council Meeting December 15, 2009 — Page 12 the budget to retrofit the Coliseum; whether the City is negotiating a non -subordinating ground lease; the proposed amount of the lease payments; the size of the facility and seating; the number of parking spaces; and the USA Swimming Foundation relationship to the project. Council Member Chesney asked staff to determine if the City could issue bonds to finance the parking garages and generate revenues. Council Member Chesney also requested information regarding the zoning requirements for the property. Council Member Kieschnick asked for a legal opinion on whether Type A funds could be used to finance the swim center. Council Member Leal asked whether the City could use CDBG funds to finance the swim center. Mayor Pro Tem Leal called for comments from the audience. Huxley Smith, 1913 Thames, spoke regarding the type of events proposed for the swim center and the design of the pool. Norman Navarro, American GI Forum, spoke regarding the petition efforts to restore the Memorial Coliseum. Mary Ann Kelley stated that an election should be held to allow voters to determine the future of the Coliseum. Wilson Wakefield, 6026 Killarmet, asked the Council to build something in the interest of the community. ************* Mayor Adame called for petitions from the audience. Colin Sykes, 309 Aberdeen, provided a resolution from The Corpus Christi Progressive Populist Caucus requesting the re-establishment of the 12 noon pubic comment. Susie Luna Saldana, 4710 Hakel, spoke regarding the appointment to the Port Commission. Wilson Wakefield, 6026 Killarmet spoke in opposition to the Las Brisas plant. Foster Edwards, President of the Corpus Christi Chamber of Commerce, invited the Council to attend the State of the City Address on January 20th. Daniel Vera, 818 Savage, spoke regarding economic development. ************* Mayor Adame referred to Item 26 regarding the FY2009-2010 First Quarter Budget Performance Report. Assistant Director of Budget Eddie Houlihan provided a brief overview on the year to date expenditures and revenues for the enterprise fund, internal service fund, special revenue funds, and the general fund; the sales tax comparison from the previous fiscal year; retail trade and utilities; and mining and wholesale trade. The following topics pertaining to this item were discussed: the typical impact of sales tax for the month of December; the non -departmental expenditures in the general fund; and the loss in mine and wholesale trade. Mayor Adame referred to Item 27 regarding an update on the City Council Administration Committee. Assistant City Manager Oscar Martinez provided an update on the issues discussed and the direction given by the Administration Committee regarding the deferred compensation; investment policy; GASB 45 liability; and the budget reduction strategies. Council Member Martinez requested that staff compare the reduction of liability for the post - 65 police and fire employees if the rates were unblended. ************* There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 4:52 p.m. on December 15, 2009. Minutes — Regular Council Meeting December 15, 2009 — Page 13 ************* 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 15, 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