HomeMy WebLinkAboutMinutes City Council - 03/09/2010MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
March 9, 2010 - 12:00 p.m.
PRESENT
Mayor Joe Adame
Mayor Pro Tem Chris N. Adler
Council Members:
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John Marez
Nelda Martinez
Mark Scott
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 Pastor Kenneth Mutchler with Immanuel Fellowship 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 regular Council meeting of February
23, 2010. A motion was made and passed to approve the minutes as presented.
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Mayor Adame referred to Item 2 and the following board appointments were made:
Committee for Persons with Disabilities Museum of Science and History Advisory Committee
Darren Bates (Appointed) Scott Sutherland (Appointed)
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Mayor Adame referred to Item 20 regarding an update on Census 2010 and the Coastal
Bend State Veterans' Cemetery Corpus Christi Project by Nueces County Commissioner Betty Jean
Longoria. Commissioner Longoria introduced census representatives Joel Yowell and Vangie
Chapa. Ms. Longoria stated that this presentation was to notify the public that the census forms will
be in the mail starting March 15th. Mr. Yowell encouraged citizens to fill out their census forms. Ms.
Chapa stated that rural communities and individuals with post office boxes will receive their census
forms at their physical address. Ms. Chapa informed the Council and the public that it is important to
return the census forms because the results of the census count determines representation in the
House of Representatives; redistricting; and funding.
Commissioner Longoria provided a brief history of the Coastal Bend Veterans' Cemetery
Corpus Christi Project. Ms. Longoria provided a site plan of the project and stated that the project
would go out for bid next week with a projected groundbreaking in May or June. Council Member
Leal thanked Commissioner Longoria for her service to the community and the veterans.
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INDEXED
Minutes — Regular Council Meeting
March 9, 2010 — Page 2
Mayor Adame called for consideration of the consent agenda (Items 3 - 10). City Secretary
Chapa announced that Item 6.b. was postponed by staff. Mr. Chapa also announced that Council
Member Scott would abstain from the discussion and vote on Item 8. Mr. Johnny French requested
that Item 9 be pulled for individual consideration. Council Member Kieschnick requested that Item 9
be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as
follows:
3. ORDINANCE NO. 028499
Ordinance authorizing the City Manager, or his designee, to execute a three-year contract
and lease agreement with Susan Shelby Torrance (Pro) for tennis operations at the Al Kruse
Tennis Center in consideration of Pro paying the city 5% of Pro and lesson revenue, and
collecting and forwarding city revenue to city in return for Pro's exclusive use of tennis
center, and city paying Pro $3,166 per month for Pro operating tennis center.
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".
4. RESOLUTION NO. 028500
Resolution authorizing the City Manager, or his designee, to execute an Interlocal
Cooperation Agreement, in the amount of $10,000, with the University of Texas Marine
Science Institute (UTMSI), for UTMSI to provide monitoring of the Gulf of Mexico beaches
from the North Jetty of Packery Channel to the City of Corpus Christi city limits for turtles
during sea turtle nesting season, March 15 to September 30.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
5.a. RESOLUTION NO. 028501
Resolution authorizing the City Manager or his designee to accept a grant in the amount of
$15,000 from the Texas Department of State Health Services for funding eligible under the
Governor's Advisory Council on Physical Fitness (GACPF) and to execute all related
documents.
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. 028502
Ordinance appropriating $15,000 from the Texas Department of State Health Services fund
in the No. 1071 Community Enrichment Fund, to be used for encouraging, promoting, and
enhancing healthy living through organized sports, events, diet and everyday activity all with
a strong emphasis on using our natural resources.
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
March 9, 2010 — Page 3
6.a. RESOLUTION NO. 028503
Resolution authorizing the City Manager or his designee to execute an agreement with Dr.
William Burgin, Jr., to serve as the Local Health Authority for the Public Health District.
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. POSTPONED BY STAFF
Resolution authorizing the City Manager or his designee to execute an agreement with Dr.
Colette Simon to serve asthe Alterte Local H alth Authority for the Public Health District.
7 MOTION NO. 2010-048
Motion authorizing the City Manager, or his designee, to execute a construction contract with
Holloman Corporation of Converse, Texas in the amount of $246,906 for Mary Rhodes
Pipeline Cathodic Protection 2010 for the Total Base Bid (Water Fund Capital Outlay).
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
8. MOTION NO. 2010-049
Motion authorizing the City Manager, or his designee, to execute a Real Estate Sales
Contract with Corpus Christi Independent School District in the amount of $72,600 plus
$1,300 in closing costs for the purchase of fee simple property rights to 2.42 acres of vacant
land owned by CCISD on Paul Jones Avenue, north of and adjacent to the City's South Guth
Ball Field complex for recreational and other public purposes in connection with the South
Guth Ball Field Relocation Project.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Scott abstained.
10. ORDINANCE NO. 028504
Amending the Comprehensive Plan of the City of Corpus Christi, by amending the Corpus
Christi Urban Transportation Plan (as adopted by Ordinance No. 025251), and thereafter
amended by Ordinances 026278 and 026402) and the Corpus Christi Future Land Use Plan
(as adopted by Ordinance 026278) for the City and its extraterritorial jurisdiction; establishing
a Unified Future Land Use and Transportation Plan for coordination of land use zoning
subdivision development and Capital Improvements consistent with the public interest;
amending related elements of the Comprehensive Plan of the city; and providing for
publication. (First Reading - 02/23/10)
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 9 regarding an ordinance amending parking on
Windward Drive. Council Member Kieschnick asked how the curfew would be enforced. Interim
Director of Parks and Recreation Stacie Talbert stated that signage would be placed to notify the
Minutes — Regular Council Meeting
March 9, 2010 — Page 4
public when the curfew is in effect. Mr. Kieschnick stated that he recommended removing the curfew
altogether. In response to Council Member Leal, Ms. Talbert stated that the Park and Recreation
Department was responsible for placing the permanent signage. Assistant City Attorney Jay Reining
explained that once the beach is closed, there will not be a curfew until the beach is re -nourished to
allow the parking spaces to be available to the public. Mr. Reining added that once the re -
nourishment project is complete, the curfew signs will be placed and in effect. Mr. Reining provided
a background of the problems that were occurring in the parking lot that led to staffs
recommendation in 2008 to enforce a curfew.
Johnny French, 4417 Carlton, stated that the curfew is a violation of state law which restricts
preventing vehicular access to any portion of the beach. Mr. French provided information on the
conditions established by the Texas General Land Office (GLO) regarding the curfew that was
established in May 2008. Mr. French asked the Council to remove the signage and curfew. Based
on comments made by Mr. French, Council directed staff to investigate whether this ordinance is in
violation to the GLO's conditions.
Mr. Kieschnick made a motion to table Item 9 until the City receives clarification from the
Texas General Land Office (GLO). The motion was seconded by Ms. Leal. The foregoing motion
was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick,
Leal, Marez, Martinez, and Scott, voting "Aye".
9. TABLED
Ordinance amending Section 33 16, Code of Ordinances, City of Corpus Christi, to allow
parking on the Seawall Parking Lot on Windward Drive when any portion of beach seaward
penalties; providing for publication.
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Mayor Adame announced the executive sessions, which were listed on the agenda as
fol lows:
11. Executive Session under Texas Government Code Section 551.071 regarding Pablo Vela
vs. City of Corpus Christi, Texas, Cause No. 07-60564-3, in the County Court at Law
Number 3, Nueces County, Texas, with possible discussion and action in open session.
12. Executive Session under Texas Government Code Section 551.071 for consultation with its
attorney regarding City of Corpus Christi — Proposed TPDES Permit No. WQ0010401004,
EPA ID No. TX0047058 (CN600131858; RN101610327), with possible discussion and
action in open session.
13. Executive Session under Texas Government Code Section 551.074 regarding an appeal by
Michael Rodriguez, concerning a decision by the Civil Service Board, with possible
discussion and action related thereto in open session.
The Council went into executive session. The Council returned from executive session and
the following motions were passed with the following vote:
Minutes — Regular Council Meeting
March 9, 2010 — Page 5
11. MOTION NO. 2010-052
Motion to authorize the City Manager to execute a Release & Settlement of Cause #07-
60564-3; Pablo Vela vs. City of Corpus Christi; in the County Court at Law No. 3; Nueces
County, Texas, in the amount of $80,000, subject to certification of funds.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
13. MOTION NO. 2010-053
Motion to deny Michael Rodriguez' appeal of the decision of the Civil Service Board.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Leal abstained.
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Mayor Adame referred to Item 14, and a motion was made, seconded and passed to open
the public hearing on the following wastewater acreage fee exemption:
Assistant City Manager of Development Services Johnny Perales reported that Mr. Martin
Hameka, developer, is requesting the exemption from wastewater acreage fees for Margaret Kelly
Land, Tract 3, Lot 1.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.
No one appeared in opposition to the wastewater acreage fee exemption. Mr. Elizondo made
a motion to close the public hearing, seconded by Mr. Chesney, and passed. Mr. Chapa polled the
Council for their votes as follows:
14. ORDINANCE NO. 028505
Ordinance exempting Margaret Kelly Land, Tract 3, Lot 1 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, Marez, Martinez, and
Scott, voting "Aye"; Leal was absent.
Mayor Adame referred to Item 15 regarding a public hearing on the cottage housing district.
Mayor Adame announced that staff is requesting to postpone Item 15 until March 23, 2010.
Mr. Scott made a motion to table Item 15 until March 23, 2010. The motion was seconded by
Mr. Elizondo. The foregoing motion was passed and approved with the following vote: Adame,
Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Leal was absent.
15. POSTPONED UNTIL MARCH 23, 2010
Public hearing to consider and First Reading Ordinance amending the Corpus Christi Zoning
Minutes — Regular Council Meeting
March 9, 2010 — Page 6
Title "CH" Cottage Housing District; -by "Cottage Housing Development" as a
effectiveeate
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Mayor Adame opened discussion on Item 16 regarding the Weatherization Assistance
Program. Director of Neighborhood Services Eddie Ortega stated that this item is requesting that the
Council ratify, accept and appropriate an award in the amount of $1,581,737 from the Department of
Housing and Community Affairs fora Weatherization Assistance Program. Mr. Ortega referred to a
powerpoint presentation including a background; weatherization program facts; eligible use of funds;
income guidelines; ineligible use of funds; home energy audits; energy auditing tips; air sealing; and
a breakdown of the typical energy usage in a home.
The following topics pertaining to this item are discussed: assistance for heating, air
conditioning and water heaters and how applicants can apply for assistance.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
16.a. RESOLUTION NO. 028506
Resolution ratifying the acceptance of a funding award in the amount of $1,581,737 from the
Texas Department of Housing and Community Affairs for the Weatherization Assistance
Program effective September 1, 2009 and authorizing the City Manager or his designee to
execute all related documents.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
16.b. ORDINANCE NO. 028507
Ordinance appropriating $1,581,737 in the No. 1059 Grant Fund for the Weatherization
Assistance Program (WAP).
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 17 regarding the Salt Flats Levee System. Director
of Engineering Services Pete Anaya explained that this item is requesting the approval of the
funding and award of a contract for the Salt Flats Levee System. Mr. Anaya referred to a powerpoint
presentation including a background; project scope; map of the levee system; project schedule; and
funding.
Minutes — Regular Council Meeting
March 9, 2010 — Page 7
The following topics pertaining to this item were discussed: the option of bringing the issue to
voters to consider reallocating the remaining seawall funds to develop a street maintenance plan;
the priority list of seawall projects approved by the Corpus Christi Business and Job Development
Corporation; the barge dock; costs projections; the fund balance in the seawall fund; and other
considerations that FEMA could require for re -certification of the salt flats levee system.
Mr. Anaya stated that staff would provide a memo to council outlining the process to repeal
the sales tax; a prioritization list of the seawall projects including the justification for each project;
and cost projections.
David Loeb, representative of the Downtown Management District, spoke in support of the
improvement to the Salt Flats Levee System.
City Secretary Chapa polled the Council for their votes as follows:
17.a. RESOLUTION NO. 028508
Resolution approving the Corpus Christi Business and Job Development Corporation's
expenditure of $1,100,000 of the Corporation's Seawall Funds for the Salt Flats Levee
System — Phase 1 project; authorizing amendment of the Corporation's budget; and
approving a Seawall Project Agreement between the Corporation and the City of Corpus
Christi for the Salt Flats Levee System—Phase 1 Project.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
17.b. ORDINANCE NO. 028509
Ordinance appropriating $1,100,000 from Corpus Christi Business and Job Development
Corporation in the No. 3271 Seawall Systems CIP Fund for Salt Flats Levee System -Phase
1 Project.
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".
17.c. MOTION NO. 2010-050
Motion authorizing the City Manager, or his designee, to execute a Contract for Professional
Services with Urban Engineering of Corpus Christi, Texas, in the amount of $303,054 for
preliminary design, design, bid and construction phase services, and additional services for
the Salt Flats Levee System — Phase 1 Project for Federal Emergency Management
Association (FEMA) recertification.
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 18 regarding the Mary Rhodes Pipeline Phase 2
project. Director of Engineering Services Pete Anaya introduced Mike Nichols with Freese and
Nichols, Inc who was available to respond to questions. Mr. Anaya referred to a powerpoint
presentation including the council goal to have the project "shovel ready" by December 2011; the
Minutes — Regular Council Meeting
March 9, 2010 — Page 8
procurement process; funding available; the project schedule; and staff's recommendation. Mr.
Nichols provided a brief overview of Freese and Nichols' commitment to the project; the local
participation; and local team partners.
The following topics pertaining to this item were discussed: Freese and Nichols Inc.'s
commitment to have 75% local participation; the work spread among other Corpus Christi
engineering firms; and meeting with the stakeholders.
Mayor Adame called for comments from the audience. Wilson Wakefield, 6026 Killarmet,
asked questions regarding where the water was coming from for this project. Sheila Cudd, 7106 Fort
Collins, asked why the City was spending money on a pipeline when water may not be there.
Carolyn Moon, 4902 Calvin, spoke regarding the cost and funding of the project.
Council Member Marez directed staff to provide the water level update information online.
City Secretary Chapa polled the Council for their votes as follows:
18.a. RESOLUTION NO. 028510
Resolution establishing the City's intention to reimburse itself, in an amount not to exceed
$8,000,000, for the prior lawful expenditure of funds from the proceeds of obligations to be
issued by the City for authorized purposes relating to the Utility System; authorizing matters
incident and related thereto; and providing an effective date.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
18.b. ORDINANCE NO. 028511
Ordinance advancing $8,000,000 from Fund No. 4050 - Choke Canyon Fund to and
appropriating into the No. 4087 Water 2010 TWDB-WIF Loan fund for expenditures related
to the planning, design, and permitting of a pipeline and related facilities between the
Colorado River and the Mary Rhodes Pipeline pumping facility at Lake Texana; providing for
repayment of the $8,000,000 to Fund No. 4050- Choke Canyon Fund from proceeds from
the sale of bonds to the Texas Water Development Board.
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".
18.c. MOTION NO. 2010-051
Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the
Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas, in
the amount of $9,676,590, fora total restated fee of $10,990,177 for Mary Rhodes Pipeline
Phase 2 for preliminary design, design, bidding and construction phase services and
additional services.
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
March 9, 2010 — Page 9
MayorAdame opened on Item 19 regarding the Texas Utility Revenue Improvement Bonds,
Series, 2010. Interim Assistant City Manager Cindy O'Brien stated that this ordinance authorizes the
issuance of $8,000,000 of the City's utility system revenue improvement bonds. Ms. O'Brien
provided a brief background and stated that the Texas Water Development Board will purchase the
bonds that the City issues. Ms. O'Brien introduced Financial Advisor Mark Seal with M.E. Allison and
Bond Council Jeff Kuhns with Fulbright and Jaworski. Mr. Seal spoke regarding the financing of the
project and reported that the interest rate from the Texas Water Development Board is 2.34%.
Mayor Adame called for comments from the audience. Carolyn Moon, 4902 Calvin, and
Wilson Wakefield, 6026 Killarmet, spoke regarding the City borrowing money for this project. City
Secretary Chapa polled the Council for their votes as follows:
19. ORDINANCE NO. 028512
Ordinance authorizing the issuance of $8,000,000 "City of Corpus Christi, Texas Utility
System Revenue Improvement Bonds, Series 2010"; providing the terms, conditions, and
specifications for such bonds, including the approval of an application to the Texas Water
Development Board; making provisions for the payment and security thereof on a parity with
certain currently outstanding obligations; stipulating the terms and conditions for the
issuance of additional revenue bonds on a parity therewith; authorizing the execution of a
paying agent/registrar agreement and an escrow agreement; complying with the
requirements of the depository trust company; enacting other provisions incident and related
to the subject and purpose of this ordinance; and providing an effective date.
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 called for petitions from the audience. Carolyn Moon, 4902 Calvin, spoke
regarding graffiti and the City taking care of City property. Gail Goo, 1914 Tara, spoke regarding the
preservation of the Memorial Coliseum as a public space and in opposition to demolition. Ms. Goo
asked the Council to reconsider the demolition plan. Wilson Wakefield, 6026 Killarmet, spoke in
opposition to the Las Brisas plant. Brad Horner provided a letter from landowners requesting the
pavement of McIver Street from Matlock to SPID. Alicia Benavidez, 7252 Mansion, spoke regarding
the historical and architectural value of the Memorial Coliseum. Ray Madrigal, 6717 Everhart, spoke
in support of George Clower's plan for the Memorial Coliseum and asked the Council to reconsider
demolition of the Coliseum. Kay Marie Donovan, 621 Atlantic Street, spoke regarding the Memorial
Coliseum and stated that she has not seen any documentation that the structure should be
condemned because it is unsafe. Elizabeth Babcock, 332 Clifford, asked the Council to recycle the
Memorial Coliseum and support the open air structure. Abel Alonzo, 1701 Thames, stated that the
community is divided on the issue of the Memorial Coliseum and that the way to support veterans is
to go out and vote. Ann Smith, 1005 Meadowbrook, asked the Council to reconsider the decision to
demolish the Memorial Coliseum.
* * * * * * * * * * * * *
There being no further business to come before the Council, MayorAdame adjourned the
Council meeting at 3:28 p.m. on March 9, 2010.
* * * * * * * * * * * * *
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 March 9, 2010, which were approved by the City
Council on March 23, 2010.
WITNESSETH MY HAND AND SEAL, on this the 23rd day of March, 2010.
Armando Chapa
City Secretary
SEAL