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HomeMy WebLinkAboutMinutes City Council - 04/08/20081 HEREBY CERTIFY that the foregoing is a true and correct copyof the minutes o the Replar Meeting of the Corpus Christi City Council of April 8, 2008,which were approved y the City Council on April 22, 200 8. WITNESSETH MY HAND AND SEAL, on this the 22nd day of April, 200 8. Armando Chapa City Secretary SEAL PRESENT Mayor Henry Garrett Mayor Pro Tem Bill felly Council Members: Melody Cooper Larry Elizondo, Sr. Mike H ummel l Priscilla Leal Michael M Cut hon John M re * Nelda Martinez *Arrived at 11:48 a. r. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 8, 2008 - 10:00 .m. City_Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Deacon Michael Mantz with Corpus Christi Cathedral and the Pledge of Allegiance to the United States flag was led by Council Member Nelda Martinez. Mayor Garrett called for approval of the minutes of the regular Council meeting of March 25, 2008. A motion was made and parsed to approve the minutes as presented. Mayor Garrett referred to Item 2 and the following board appointments were made: Board of Adlstment Taylor Mauck (Reappointed) William Tinney (Reappointed) Dan Winship (Reappointed) Sergio Ornelas (Reappointed) Ben Molina (Reappointed) R. Bryan Johnson (Appointed) Thomas E. McDonald (Appointed) Coastal Bend Health Facilities Development Colporation Jack Solka (Reappointed) Erika Escobedo (Reappointed) Judy Telge (Reappointed) Dr. Richard Davis (Reappointed) Annie J. Castro (Reappointed) Curtis A. Rock (Reappointed) Dan Winship (Reappointed) Building Standards Board Gregory Spivey (Reappointed) Renee L. Carter (Reappointed) Jesus Jimenez (Reappointed) Community Youth Development_ (78415) EcograrnSteerng Committee Alyssa Carraso (Appointed) Daquandria Chillis (Appointed) Leadership Committee for Senior Services George B. Driskell (Appointed) Dotson G. Lewis, Jr. (Appointed) Hilarion Villanueva (Appointed) Minute — Regular Council Meeting April 8, 2008 — Page 2 Mayor Garrett opened discussion on Item 25 regarding the adoption of tax abatement guidelines and criteria. Emily Marlinez, Economic Development Office, referred to a p were int presentation including the use of tax abatement; the six steps for any participating taxing unit; the proposed tax abatement guidelines and criteria; eligible and ineligible property; period of abatement; completion of construction; abatement percentages for non -renewal community, renewal community, and central business district residential facilities; rehabilitation projects; environmental and worker safety qualifications; application requirements; terms of the agreement; recapture; administration; and the required council action. Council members asked questions regarding the exemptions for discontinuing operations for four consecutive weeks; renewal clause; whether there are regulatory guidelines to determine the completion of construction; automatic adjustments to the living wage requirement; the mechanism to insure and confirm that the owner is in compliance with the applicable terms of the agreement; Mayor Garrett called for comments from the audience. John Kelley, 3621 Austin, spoke regarding the classification of an amusement facility; the district boundaries; and the environmental worker standards. Abel Alonzo, 1701 Thames, thanked Director of Economic Development Irma Caballero and stafff r their wrk on this project. Mr. Alonzo also spoke in support ofthe project and creating and retaining jobs. City Secretary Chapa polled the Council for their votes as follows: 25. RESOLUTION NO. 027646 Resolution electing to be eligible to participate in tax abatement and adopting tax abatement guidelines and criteria. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, fl Cut hon, and Martinez, voting "Aye"; Marez was absent. Mayor Garrett referred to Item 26, and a motion was made, seconded and passed to open the following public hearing: 26.a. Public hearing to consider designating the Barney M. Davis Plant a reinvestment zone within the City of Corpus Christi, Texas under the Property Redevelopment velopment and Tax Abatement Act (Chapter 312 of the Texas Tax Code). Emily Martinez, Economic Development Office, provided a brief presentation including a background of the property tax abatement; property; the revised project costs submitted by the Topaz Power Group; and the terms of the abatement and agreement. Barbara Clemehagan with Topaz Power Group, LLC and Eric Geisler with Duff & Phelps, LLC., were available to respond to questions. Council members asked questions regarding the difference between tax exempt permanent equipment and materials and taxable permanent equipment and materials, whether the City ever received Exhibit A of the economic incentive agreement for the Barney M. Davis plant approved by the Council on March 25th; terms of the 380 agreement and the tax abatement agreement; the abatement percentages; whether the changes made to the agreement change the character of the property at the Barney Davis plant; whether the agreement would remain in effect if Topaz were to sell the property; when the amendment the 380 agreement would be presented to Council; and the current taxable value of Barney Davis. Minutes — Regular Council Meeting April 8, 2008 — Page 3 Council Member McCutchon requested a detailed report on the scope of the project at the Barney Davis plant. No one appeared in opposition to the public hearing. Mr. Elizondo made a motion t l the public hearing, seconded by Mr. Kelly, and passed. Mr. Chapa polled the Council for their votes as follows: 26.b. ORDINANCE NO. 027647 Ordinance designating the Barney M. Davis Plant a reinvestment zone within the City of Corpus Christi, Texas under the Property Redevelopment and Tax Abatement Act (Chapter 312 of the Texas Tax Code). An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, M Cut h n, and Martinez, voting "Aye"; Marez was absent. 26.c. RESOLUTION NO. 027648 Resolution authorizing the execution of an agreement with Barney M. Davis, LP, providing for temporary property tax abatement. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez Marwas absent. * * * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 3 - 21). Mr. John Kelley requested that Item 11 be pulled for individual consideration. Mr. Abel Alonzo requested that Item 13 be pulled for individual consideration. Mr. Buck Robinson requested that Item 20 be pulled for individual consideration. Council members requested that Items 10, 15, and 20 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2008-082 Motion approving the purchase of one (1) backhoe from Doggett Heavy Machinery Services, Ltd., of Corpus Christi, Texas for a total amount of $85,166.04. The award is made in accordance with the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The equipment will be used by the Water Department. Funding is available in the Capital Outlay Budget of the Maintenance Services Fund. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel], Kelly, Leal, and Martinez, voting "Aye"; McCutchon and Marez were absent. 4. MOTION N . 2008-083 Motion approving the purchase of a commercial water slide from Kraftsman Playground and Park Equipment, of Spring, Texas for the total amount of $73,848.23. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The water slide will be installed at the Greenwood Swimming min Pool. Funds are available in the Parks and Recreation 2005 Capital Improvement Project (CIP) fund and Parks, Arts, Leisure, and Seniors Account (PALS). Minutes -* Regular Council Meeting April 8, 2008 - Page The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', ell, Kelly, Leal, and Martinez, voting "Aye"; McCutchon and Marez were absent. .a. RESOLUTION NO. 027626 Resolution authorizing the City Manager or his designee to accept a grant of $25,000 from the Coastal Bend Council of Governments and execute an Interlocal Agreement to provide recycling and anti -litter education. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; McCutchon and Marez were absent. .b. ORDINANCE NO. .p276?7 Ordinance appropriating a grant of $25,000 from the Coatal Bend Council of Governments in the No. 1051 Solid Waste Grants Fund to provide recycling and anti -litter education. An emergency wdeclared, and the foregoing ordinance wapassed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; McCutchon and Marez were absent. 5.c. JESOLUTION NO. _027628 Resolution authorizing the City Manager or his designee to accept a grant of $6,120 from the Coastal Bend Council of Governments and execute an Interlocal Agreement to provide household hazardous waste equipment and supplies. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; McCutchon and Marewere absent. 5.d. ORDINANCE NO. 027629 Ordinance appropriating a grant of $6,120 from the Coastal Bend Council of Governments in the No. 1 051 Solid Waste Grants Fund to provide household hazardous waste equipment and supplies. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Are"; McCutchon and Marez were absent. 6. MOTION N. 2008-084 Motion authorizing the City Manager or his designee to execute a contract with Molly Merkle (Artist) for the design, production, installation, and purchase of an abstract carved brick facade, which is part of the building structure, in the amount of $32,743.12 as part of the Percent forArt program associated with the Southside Library construction project. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; McCutchon and Marez were absent. Minutes — Regular Council Meeting April 8, 2008 — Page 7.a. RESOLUTION NO. 027630 Resolution authorizing the City Manager or his designee to execute all documents necessary to accept the Summer Food Service Program grant in the amount of $497,000 from the Texas Health and Human Services Commission to operate a Summer Food Service Program for Summer Recreation Program participants ages one to eighteen years. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; McCutchon and Marez were absent. .b. ORDINANCE NO. 027631 Ordinance appropriating a $417,000 grant from the Texas Health and Human Services Commission in the No. 1067 Parks and Recreation Grant Fund to operate a Summer Food Service Program for summer recreation participants ages one to eighteen years. An emergency was declared, and the foregoing ordinan was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, and Martinez, voting 'Aye"; McCutchon and Marez Marwere absent. 7.c. LUTI N NO. 027632 Resolution authorizing the City Manager or his designee to execute an Inter -local Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for summer recreation. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; McCutchon and Marez were absent. 8.a. RESOLUTION NO. 027633 Resolution authorizing the City Manager or his designee to accept a $20,987 grant awarded by the Corporation for National and Community Service for RSVP. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, and Martinez, voting "Aye"; McCutchon and Marez were absent. 8.b. ORDINANCE NO, 027634 Ordinance appropriating a $20987 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation grants fund for RSVP. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; McCutchon and Marez were absent. .a. RESOLUTION NO. 027635 Resolution authorizing the City Manager or his designee to accept a $5,381 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, and Martinez, voting "Aye"; McCutchon and Marez were absent. Minutes — Regular Council Meeting April 8, 2008 — Page 6 9.b. ORDINANCE NO. 027636 Ordinance appropriating a $5,381 grant from the Corporation for National and Community Service in the Na. 1067 Parks and Recreation grants fund for the Senior Companion Program. An emergency wdeclared, and the foregoing ordinancewas passed and approved with the following vote: Garrett, Cooper, Eliz nd , Hummell, Kelly, Leal, and Martinez, voting "Aye"; McCutchon and Marez were absent. 12. MOTION N . 2008-087 Motion authorizing the City Manager to execute a professional legal services agreement with Tim Brown for legal services related to legislative and regulatory matters dealing with water legislation, water rights, general water issues, environmental issues, and other matters as directed by the City Manager or City Attorney. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; McCutchon and Marez were absent. 14. MOTION NO. 2008-089 Motion approving the application from the Buccaneer Commission t temporarily close the following street sections for the 7th Annual "Buc Days BBQ Challenge, and the annual Buccaneer Days Carnival and Rodeo}' Festival beginning at 8:00 a.m. Saturday, April 19, 2008 through 5:00 p.m. Tuesday, May 6, 2008: A. The temporary street closures of Shoreline Boulevard, northbound and southbound between the north side of Power Street and the Art Museum ofSouth Texas fr the 7th Annual Buc Days Rodeo and BBQ Challenge beginning at 8:00 a.m. Saturday, April l9, 2008 to 5:00 p.m. Tuesday, May 6, 2008. B. Additionally, Fitzgerald Streets and Resaca Street between Southbound Shoreline Boulevard and Water Street will require temporary closures for the annual Buc Days Rodeo, Buc Days Carnival, and BBQ Challenge beginning at 8:00 a.m. Saturday, April 19, 2008 to 5:00 p.m. . Tuesday, May 6, 2008. C. In cooperation with the Texas Department of Transportation, North Broadway Street, including under U.S. Highway 181 Harbor Bridge, between Fitzgerald Street and Brewster Street will require temporary closure for staging of professional rodeo cowboys truck trailers beginning at 8:00 a.m. Sunday, April 20, 2008 to 9:00 p.m. Monday, April 28, 2008. D. Temporary street closure of north portion of Fitzgerald Street between North Broadway Street and Mesquite Street beginning at 8:00 a.m. Sunday, April 20, 2008 to 9:00 p.m. Monday, April 28, 2008. E. Temporary street closure of Water Street between Fitzgerald Street and Resaca Street beginning at 8:00 a.m. Saturday, April 19, 2008 to 5:00 p.m. Tuesday, May 6, 2008 for the Buc Days Challenge, Carnival, and Rodeo. F. Temporary street closure of the East half of Palo Alto Street between Water Street and Shoreline Boulevard beginning at 8:00 a.m. Saturday, April 19, 2008 to 5:00 p.m. Minutes — Regular Council Meeting April 8, 2008 — Page Tuesday, May 6, 2008 for the Buc Days Challenge, Carnival, and Rodeo. The foregoing motion was passed and approved with the fallowing vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting ,Aye"; McCutchon and Marez were absent. 16. RESOLUTION NO. 027641 Resolution determining a public necessity to acquire right -of- way easements for a street improvement project, known as the Wooldridge Road Street Improvements, Phase 1 Project, on two tracts of land known as Parcels 2 and 6; for the public purpose and use as street improvements and for other related purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of negotiations or exercise of the City's power of eminent domain. (BOND ISSUE 2004) The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting ,Aye"; McCutchon and Marez were absent. 17.a. MOTION N . 2008-091 Motion approving the amount of monies to be paid as cash in lieu of construction of Acushnet Drive, ahalf-street in accordance with the Platting Ordinance Section IV —Design Standards Subsection A.12.01). The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"} McCutchon and Marez were absent. 17.b. MOTION NO. 2008-092 Motion authorizing the City Manager or his designee to execute a Half -Street Deferment Agreement with Shell Land Management Co., Inc. (Developer), in the amount of $135,240 for public improvements including: pavement, curb, gutter, sidewalks, wastewater, water and drainage associated with the future construction of Acushnet Drive adjacent to the south property line of Saratoga Weber Plaza, Block 9, Lot 6, located south of Saratoga Boulevard and west of Jefferson Road, in accordance with the Platting Ordinance Section IV — Design Standards, Subsection A.1 2.. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; McCutchon and l arez were absent. 18. ORDINANCE 1\1_0. 027642 Amending the Code of Ordinances by amending Section 2-311, Standards, and Section 29-49, City Mar hals, regarding use ofCityequipmentbyLicensed Peace Officersand Firefighters on approved off-duty assignments; providing for effective date, providing a repealer clause. (First Reading 03/25/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; McCutchon and Marez were absent. Minutes - Regular Council Meeting April 8, 2008 — Page 19. ORDINANCE NO. 027643 Amending Chapter 14 {`Development Sen./ices," Article 11 "Administration of Technical Construction Codes,}, Division 8 Residential Code, Section 14-291 Residential Construction Code, of the Corpus Christi Code of Ordinances to exempt single-family structures built in compliance with the zero lot line ordinance from having a one-hour fire -resistive rating with exposure from both sides for exterior walls on the zero lot line side; providing for publication; providing an effective date; and providing a repealer clause. (First Reading 03/25/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; McCutchon and Marez were absent. 21.a. MOTION NO. 2008-093 Motion to amend prior to Second Reading of Ordinance by substituting with revised ordinance. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye; McCutchon and Marez were absent. 21.b. ORDINANCE NO. 027645 Amending Chapter 14 "Development Services," Article X111 "Development Service Fees" Division 1 "Technical Construction Code Fees," Section 14-1302 "Standardized Building Valuation," Section 14-1304 "Processing and Plan Review Fee," Section 14-1306 {Special Fees," Section 14-1308 "Refunds," Section 14-1311 "Contractor Registration Fees," Section 14- 1312 "Accounting," and Section 14-1313 `;Technical Construction Code Fee Schedules" f the Code of Ordinances, City of Corpus Christi, to provide for standardized building valuation, the time for payment of the nonrefundable processing and plan review fee, fees for duplicate Certificate of Occupancy and multiple plan review fees, refunding fees, lawn irrigator and backflow prevention assembly tester registration fee, and accounting of the fee revenues and expenditures; and repealing Chapter 14 "Development Services," Article XIII "Development Services Fees" Division 1 "Technical Construction Code Fees," Section 14-1309 "Fees Rounded Ofr of the Code of Ordinances, City of Corpus Christi, to delete the provision for rounding of permit fees; providing for fees for existing applications made prior to the effective date; providing a repealer clause; and providing an effective date. (First Reading 03/25/08) The foregoing ordinance was passed and approved on its second reading as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; McCutchon and Marez were absent. Mayor Garrett opened discussion on Item 10 regarding the 2007 Continuum of Care grant. In response to Council Member Leal, Community Development Administrator Daniel Gallegos explained that the Continuum of Care grant provides funding for homeless agencies that provide services to the homeless. Ms. Leal requested a report on the source of funding for the Safe House on Meld° Park. City Secretary Chapa polled the Council for their votes as follows: 10.a. MOTION NO. 2008-085 Motion authorizing the City Manager or his designee to execute all documents necessary with the U.S. Department of Housing and Urban Development to accept and implement the 2007 Continuum of Care grant for homeless supportive housing program renewals. Minutes — Regular Council Meeting April 8, 2008 - Page 9 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Hummel!, ll, Kelly, and Martinez, voting "Aye"; Elizondo, McCutchon, arnd Marez were absent. 10,11 ORDINANCE_ N. 027637 Ordinance appropriating a grant of $1,009,759 from the U.S. Department f Housing and Urban Development for the 2007 Continuum of Care grant program in the No. 1071 Community Enrichment fund for homeless supportive housing program renewal projects and activities. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, and Martinez, voting "Aye"; Elizondo, McCutchon, and Marez were absent. 10.c. MOTION NO. 2008-086 Motion authorizing the City Manager or his designee to execute subrecipient agreements for funds provided from the 2007 Continuum of Care grant which includes: (1) $119,706 for Nueces County Mental Health and Mental Retardation Community Center; (2) $134,971 for Wesley Community Center; (3) $309,538 for the Salvation Army; (4) $142,720 for Goodwill Industries of South Texas, Inc.; (5) $142569forCoastal Bend Alcohol and Drug Rehabilitation Center d.b.a. Charlie's Place; (6) $160,255 for Corpus Christi Metro Ministries, Inc., for homeless supportive housing program renewals projects and activities. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, and Martinez, voting "Aye"; Elizondo, McCutchon, and Marez were absent. MayorGarrettopened discussion on Item 11 regarding the Community Visioning project. John Kelley, 3621 Austin, spoke regarding funding for the hiring of the consultant and project manager and having two of the stakeholders in charge of the process. City Secretary Chapa polled the Council _for their votes as follows: 11.a. ORDINANCE NO. 027638 Ordinance appropriating $49,410 from unappropriated settlement proceeds in the No. 3160 City Hall Capital Improvement Program (CIP) Fund; transferring to and appropriating in No. 1020 General Fund for the Community unity Visioning Project; changing FY 2007-2008 Capital Budget adopted by Ordinance 027546 by increasing appropriations by $49,410; changing FY 2007- 2008 - 29 8 Operating Budget adopted by Ordinance 027352 by increasing revenues and appropriations by $49,419 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Hummell voting "N"; Marez was absent. 11.b. RESOLUTION NO. 027639 Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with Texas A&M University —Corpus Christi for the Community Visioning Project. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Hummel' voting "No"; Marez was absent. Minutes— Regular Council Meeting April 8, 2008 — Page 10 Mayor Garrett opened discussion on Item 13 regarding the 2008 Buccaneer Days Festival. Abel Alonzo, 1701 Thames, thanked the Buccaneer Commission for considering the reduced fees for senior, children and persons with disabilities. City Secretary Chapa polled the Council for their votes as follows; 13.a. ORDINANCE NO. 027640 Ordinance authorizing the City Manager or his designee to execute a lease agreement with the Buccaneer Commission, Inc. ("Commission") for 2008 Buccaneer Days Festival and related activities to allow use of Shoreline Boulevard from Power Street North up to and including Barge Dock area, and additional lots bounded by South Shoreline, Water and Palo Alto and Resaca Streets; during April 19 through May 7, 2008, provide for Commission paying 50% police overtime, and 100% of all other City costs and fees. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 13.b. MOTION NO. 2008-088 Motion approving a $5.00 admission fee and/or $3.00 admission fee for adults (depending on date) and $3.00 admission fee per day for seniors, children under the age of 17 and persons with disabilities for Buccaneer Days Festival from April 23, 2008 through May 4, 2008. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. Mayor Garrett opened discussion on Item 15 regarding the Greenwood Drive Phase 1 project from Gollihar Road to South Padre Island Drive (SPID). Council Member Leal asked questions regarding the anticipated start date of the project and the projected completion date. interim Director of Engineering Services Kevin Stowers said the project is anticipated to start in two to three weeks and should be completed in 12 months. City Secretary Chapa polled the Council for their votes as follows: 15. j4QTION NO. 2008-090 Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the Contract for Professional Services with HDR Shiner, Moseley and Associates, Inc. in the amount of $60,000 for a total restated fee not to exceed $692,731.24, for construction management and inspection services on the Greenwood Drive Phase 1 Project from Gollihar Road to &.P.I.D. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, McCutchon, and Martinez, voting `Aye"; Marez was absent. Mayor Garrett opened discussion on Item 20 regarding an amendment to the Plumbing Code. Council Member Kelly asked why it was necessary to impose criminal penalties for this ordinance. City Manager Noe said the criminal penalties were imposed for public health reasons. Mr. Kelly expressed his concern with the criminal consequences for failing to report test results. Assistant City Attorney Jay Reining stated that all violations of the Technical Construction Code are already a criminal violation subject to the maximum fine of $2,000. Mr. Kelly asked questions regarding whether the property owner or the company hired to test backflow prevention is the responsible party when an annual report is not submitted. Assistant City Manager Robert Nix stated that the penalty is to the property owner. Minutes — Regular Council Meeting April 8, 2008 — Page 11 Council Member Kelly asked questions regarding the water flow when the back-flow prevention devices are bypassed or not working. Mr. Nix said that if the device is not properly working it will affect the water system. In response to Council Member McCutchon, Mr. Nix said he was not aware of any residential taps that have backflow preventers. Council Member Leal asked if the Development Services Department has conducted testing of the system for fee collections. Mr. Nix said the department is continuing to work on the system. Buck Robinson, member of the Local Backflow Chapter, spoke regarding the new fling fees for backflow permits and the elimination of the list of qualified testers. There was a brief discussion regarding the elimination of the qualified backflow prevention testers. City Secretary Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 027644 Amending Chapter 14 `;Development Services,"Article 11 `;City of Corpus Christi Technical Construction Codes," Division 7 "Plumbing Code," Section 14-281 "Plumbing Code," of the Code of Ordinances, City of Corpus Christi, to require annual testing of back-flow prevention devices; to provide for reporting results of the annual tests of back-flow prevention devices, providing a repealer clause; providing a penalty clause; providing for publication; and providing an effective date. (First Reading 03/25/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. Mayor Garrett referred to Item 22, and a motion was made, seconded and passed to open the following public hearing: 22. Public Hearing and First Reading Ordinance to consider abandoning and vacating a 7,293- square ,2 3- q are foot portion (50' wide x 145' long) ofan undeveloped and unsurfaced, dedicated public right-of-way (Charlotte Drive) out of Lot 1, Block 1, and Lot 1, Block 2, Tropic Heights Unit 2, adjacent to and south of the Mediterranean Drive public right-of-way, subject to owner's compliance with the specified conditions. Deputy Director of Development Services Johnny Perales provided a brief presentation including the location of Charlotte Drive; background of the platted area; and the conditions of the street closure. Mr. Perales explained that the closure of the right-of-way is proposed to eliminate the use of this portion as a dumping area for trash and large debris. Mr. Perales added that since the right- of-way is unimproved, the fair market value will be waived to the adjoining property owners. In response to Mr. Rummell, Mr. Perales said the recorded owners of the property will be the adjacent property owners located on both sides of Charlotte Drive and provided an explanation of the improvement conditions. Mr. Rummell asked if the City could ever acquire the property back. Mr. Perales said that City could reacquire the property. No one appeared in opposition to the public hearing. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Kelly, and passed. Mr. Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting April 8, 2008 - Page 12 22. FIRST READING ORDINANCE To consider abandoning and vacating a 7,293 -square foot portion ' wide x 145' long) of an undeveloped and unsurfaced, dedicated public right-of-way (Charlotte Drive) out of Lot i , Block 1, and Lot 1, Block 2, Tropic Heights Unit 2, adjacent to and south of the Mediterranean Drive public right-of-way, subject to owner's compliance with the specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Eli o do, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. Mayor Garrett announced that Item 27 regarding the City's self-funded health and dental provider is postponed. 27. POSTPONED Motion -authorizing the City Manager or his designee to develop and enter into a three-year contract w4hwo -one year renewal options between the -City- of Corpus Christi, Texas and Mayor Garrtt called for a brief recess to present proclamations nd listen to public coment. Mayor~ Garrett called for petitions from the audience. Susie Luna Saldana, 4710 Hakel, spoke regarding the selection of the Education Advisor. Jessica Daniel and Ashley Thompson spoke regarding the issue of the homeless animal population. Ms. Daniel and Ms. Thompson asked the Council to consideration implementing a mandatory spay/neutering law and breeder's permits. Tim Braly, 374 leldo Park, spoke regarding the issues related to the Safehouse on Meldo Park and asked that the Council to comply the existing zoning and not rezone Meldo Park. Gina Luna, 734 Collins, and Lynda Motl, 310 Wrayln, spoke regarding the proposed dog park. Leon Loeb, 921 N. Chaparral, spoke regarding the establishment of the storm water utility. Pat Suter, 1002 Chamberlain, spoke regarding improvements to Polliwog Pond and THE Suter Refuge; the American Birding Convention; and the Energy Star and Green Building Conference. Richard Gonzalez, member of the Gulf of Mexico Foundation, thanked the Council for their support for Earth Day/Bay Day and spoke regarding the Mary Rhodes Pipeline. J.E. O'Brien, 4130 Pompano, spoke regarding the accountability of elected officials and city staff and the hiring of an education advisor. Chris Garcia, member of the League of Women Voters, spoke regarding the City Charter and thanked the Council for their service to the community. Kaye Noyes, 930 Coral, invited the Council to attend an open house at her ranch located at FIVI 624 and Highway 281 on April 26th from 10:00 a.m. to 1:00 p.m. * * * * * * * * Mayor Garrett announced the executive session, which was listed on the agenda as follows: 32. Executive session pursuant to Texas Government Code, Section 551.074, Personnel Matters, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager with possible action related thereto in open session. Minutes — Regular Council Meeting April 8, 2008 — Page 13 Mayor Garrett announced that the City Council had a very productive executive session. Mayor Garrett stated that the Council's concerns and questions regarding the Education Advisor were answered and that the Council can now move forward in a positive manner. Mayor Garrett opened discussion on Item 28 regarding the issuance of tax notes. Director of Financial Services Cindy O'Brien provided a brief presentation on the proposed projects to be funded through the issuance of tax notes including the South Guth Ball Fields Relocation project; the Bayfront Arts & Science Parks Facilities Improvements; Solid Waste and Street equipment; and the Street Maintenance/Overlay. Ms. O'Brien stated that this item also includes the intent to reimburse costs of solid waste equipment to be funded through the issuance of tax notes. Council members asked questions regarding the timeline for the Upriver Road street overlay; whether the City has ever issued tax notes; whether the decision to utilize tax notes impacts the anticipated 2008 Bond Program; various improvements for the Harbor Playhouse and the Art Museum of South Texas; whether the City owns all of the structures at the Bayfront Arts & Science Park; the extension of the improvements on Upriver Road; the consideration of expanding the graffiti trucks program; the use of hot mix for the street overlay projects; repair work on Ocean Drive; whether the roads are getting milled; the selection of streets; whether the repair work n Robert Street indicates that it will not be reconstructed in the Bond 2008 program; the reason that Commodores Street is included in the street overlay projects; the reconstruction of Ocean Drive and Shoreline; availability of funds for the Bayfront Arts and Sciences Park facilities; repair of the roof at the Harbor Playhouse; the criteria for projects to qualify for tax notes; the consideration of the Greenwood Sports Complex; payment of the tax notes; the difference in the criteria for tax notes and the commercial paper program; interest rates; the effect on the budget; and the lending institutions. Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, asked questions regarding the projected saving for issuing tax notes and whether the street work included sidewalk repairs. Council Member Leal asked questions regarding a heavy truck and vehicle user fee. City Manager Noe said that staff would research the legality of creating a fee to charge large trucks to help pay for street maintenance. City Secretary Chapa polled the Council for their votes as follows: 28.a. fESOLUT1ON NO. 027649 Resolution approving the following projects to be funded through the issuance of Tax Notes: South Guth Ball Fields Relocation Project, improvements to the Facilities within Bayfront Arts and Sciences Park (which includes the American Bank Center, Museum of Science and History, Water Garden, Harbor Playhouse, and Art Museum of South Texas), Solid Waste Equipment, Street Equipment, and Street Improvements. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting 'Aye" 28.b. FES LUTI N NO. 027650 Resolution expressing official intent to reimburse costs of Solid Waste Equipment to be funded through the issuance of Tax Notes. Minutes — Regular Council Meeting April 8, 2008 — Page 14 The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, , and Martinez, voting "Aye" Mayor Garrett opened discussion on Item 29 regarding the purchase of Solid Waste equipment. Assistant Director of Financial Services Michael Barrera said this item allows for the purchase of equipment as referenced in Item 28. Mr. Barrera stated that the equipment will be used to pickup heavy brush and transport it from the J.C. Elliott Transfer Station to the Cefe Valenzuela Landfill. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 29.a. ORDINANCE NO. 027651 Ordinance appropriating $408,676 from the unappropriated fund balance in the Maintenance e Services Fund No. 5110 for the purchase of two 46 -foot truck trailers and two (2) Peterbilt truck tractors; changing the FY 2007-2008 Operating Budget adopted by Ordinance No. 027352 by increasing appropriations by $408676. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye" 29.b. MOTION N N . 2008-094 Motion approving the purchase of two (2)46-foottrucktrailersfrom Rush Equipment Center of Texas, Inc. of Houston, Texas for a total amount of $150,654. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council of Governments (HGAC). These truck trailers are additions to the fleet and will be used by Solid Waste Services. Funds are available through the Maintenance Services Fund. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 29.c. MOTION N . 2008-095 Motion approving the purchase of two (2) Peterbilt truck tractors from Rush Truck Center of Houston, Texas for a total amount of $258,022. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). These truck tractors are additions to the fleet and will be used by Solid Waste Services. Funds are available through the Maintenance Services Fund. Grand Total (B) & (C): $408,676 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, hon, Mare , and Martinez, voting 'Aye" Mayor Garrett referred to Item 23 regarding the establishment of a storm water utility. Assistant City Manager Oscar Martinez referred to powerpoint presentation including the statutory requirements for adpting an. ordinanceestablishing ast rm water utility; background; utility policy iue ; utility rate structure summary; and timeline. Minute — Regular Council Meeting April 8, 2008 — Page 15 Council members asked questions regarding when the structure for impervious corer will be determined; whether staffwill provide a recommendation to Council on the most appropriate structure fee for impervious cover; an explanation of impervious proxy; whether businesses on Shoreline Boulevard that do not participate in the storm water system will be included in the impervious coverfee structure; utility fee based on ad valorem taxes; the primary source of revenues; a timeline for transitioning to impervious cover; administrative issues; and coordinating efforts with the master plan. A brief discussion ensued regarding Master Channel 27 and the Texas Commission on Environmental Quality (TCEQ) permitting. A motion was made, seconded and passed to open the following public hearing: 23. Public hearing to consider adoption of an ordinance to establish a storm water utility. John Kelley, 3621 Austin, spoke regarding the process for determining it pervi u ver. Mr. Kelley asked the Council to consider a policy that can transform the City by reducing impervious cover Mayor Garrett referred to Item 24.a. regarding the FY2008-2012 Consolidated Plan. James Gilleylen, JQUAD Planning Group, referred to a powerpoint presentation including the federal requirement and purpose for the Consolidated Plan; overview of the Consolidated Plan; the five grant programs; FY2 0 -2008 grant funding for the City of Corpus Christi; allocation; funding history from 2003-2008; components of the plan; key concerns; goals for the funding cycle; and strategies. A motion was made, seconded and passed to open the following public hearing: 24.a. Public Hearing regarding the City of Corpus Christi's proposed FY 2008-2012 Consolidated Plan, which includes the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs. Mr. Hummell made a motion to close the public hearing, seconded by Mr. Kelly, and passed. Mayor Garrett referred to Item 24.b. regarding the FY2008 Consolidated Annual Action Plan. Daniel Gallegos, Community Development ent Administrator, referred to a powerpoint presentation including a general background of the citizen's participation process, Community Development Block Grant Prgram (CDBG); HOME Program (HOME), and ESG Program; FY2008 entitlementallocation; additional funds; total funding available; and staff recommendations as acted in Attachment "D". Mr. Gallegos added that City Council adoption of funding will take place on Tuesday, April 15, 2008. A brief discussion ensued regarding the percentage of funding for staff salaries and the staff recommendation process. 24.b. A motion was made, seconded and passed to open the public hearing on the CDBG program: Public Hearing regarding the City of Corpus Christi's proposed FY 2008 Consolidated Annual Action Plan for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs. Mayor Garrett called for comments from the audience. Robert Garcia, Director of the Garcia Arts Education Center, asked for consideration to fund CDBG-Garcia Arts Education Center Art Foundation Installation and Parking Lot Expansion which was not recommended by staff. Abel Alonzo, 1701 Thames, asked the Council to consider funding CDBG-blaster Plan for ADA compliance to insure the safety of the disabled. Minutes — Regular Council Meeting April 8, 2008 — Page 16 Judy Telge spoke in support of funding ADA compliance projects which were not recommended by staff. Orlando Gomez, Executive Director ofAmistad Community Health Center, spoke in support of staffs recommendation mendation t fund CDBG-Amistad Community Health Center and asked the Council to consider increasing the funding to $200,000. Joe Martinez, member of the Amistad Board, said that the Center was established because Nueces County is recognized as not having accessible health care. Ann Baker, Boys and Girls Club of Corpus Christi, asked the Council to reconsider funding the parking lot repairs for CDBG-Boys and Girls of Corpus Christi. Melinda Baker, Executive Director of Corpus Christi Hope House, asked for consideration to fund CDBG-C.C. Hope House for needed repairs and plumbing. Richard Franco, Executive Director of the Housing Authority, and Rocco Montesano asked for consideration to fund CDBG-C.C. Housing Authority — DN Leathers Townhomes which was not recommended by staff. A brief discussion ensued regarding municipal participation for the project. Dr. Maria Luisa Garza, CEO of the Gulf Coast Council of La Raza, Inc., requested consideration to fund the CDBG-Gulf Coast Council of La Raza rehabilitation which was not recommended by staff. Maria Perez, Ruben Riojas, and ID. Chavarria, on behalf of the international Westside Pony League, spoke in support of staffs recommendation to fund CDBG-International Westside Pony League but asked the Council to reconsider providing an increase in funding for bleacher improvements and an additional playing field. Joe Martinez, Nueces County Community Action Agency, requested that Council reconsideration staffs recommendation not to fund CDBG-Nueces County Community Action Agency— Phase !for the Blake Street Service Center. Bob Tucker, Palmer Drug Abuse Program, introduced the Palmer Drug Abuse board members and staff. Mr. Tucker spoke in support of staffs recommendation to fund CDBG-Palmer Drug Abuse Program for the renovation of the air conditioning system. A representative from the Wesley Community Center spoke in support of staffs recommendation to fund CDBG-Wesley Community Center and the benefits the Center provides to the entire community. Linda McCabe and Gigi Dean, Mother Theresa Shelter, inc., spoke in support of staff's recommendation to fund CDBG-Mother Theresa Shelter, Inc. Ms. Dean provided a brief overview of the therapeutic services program. Mr. Eli undo made a motion to close the public hearing on CDBG, seconded by Mr. Marez, and passed. Mayor Garrett announced that Council Members Martinez, Marez and Leal would like to make disclosure statements. Council Member Martinez made the following statement: "I publicly disclose that 1 am a member of the Palmer Drug Abuse Board. Minute — Regular Council Meeting April 8, 2008 — Page 17 1 will obtain no financial interest or benefit from a CDBG, ESG or HOME activity. will have no financial interest in any contract with respect to a CDBG, ESG or HOME activity or its proceeds. 1 will abstain from participation in all deliberation and voting of funding related to this board." Council Member Marez made the following statement: "1 publicly disclose that through my profession, I regularly deal with the ARK Assessment Center and the Emergency Shelter for Youth. In addition, my sister-in-law is on the board of the Boys & Girls Club. I nor she will obtain no financial interest or benefit from a CDBG, ESG or HOME activity. 1 nor she will have no financial interest in any contract with respect to a CDBG, ESG or HOME activity or its proceeds. 1 will abstain from participation in all deliberation and voting of funding related to the ARK Assessment Center and the Emergency Shelter for Youth or the Boys & Girls Club." Council Member Leal made the following statement "1 publicly disclose that I am a member of the Nueces County Community Action Agency. !will obtain no financial interest or benefit from a CDBG, ESG or HOME activity. will have no financial interest in any contract with respect to a CDBG, ESG or HOME activity or its proceeds. 1 will abstain from participation in all deliberation and voting of funding related to this board." Council members asked questions regarding the current funding for the CDBG-Code Enforcement Program, Neighborhood Initiative & Model Block Program; Community Development projects; the salary costs for CDBG-Single Family Rehabilitation; n; the members of the recommendation committee; timeline; CDBG-Clearance for Vacant Properties Program; the location of the fountain, anticipated cost to install the fountain, and the size of the fountain for the CDBG-Garcia Arts Education Center Art Fountain Installation & Parking Lot Expansion; ADA compliance; initial funding of the Amistad Community Health Center; the differences between the Amistad Center and the Memorial clinics; the success of the students attending Gulf Coast Council of La Raza# the size of the Gulf Coast Council of La Raza organization; whether the Mental Health Mental Retardation Center is a County facility; other sources of funding for the C.C. Housing Authority -DN Leathers Twnhomes; the impacts to CDBG Program Administration should the program funding be reduced; staff training/travel for CDBG-Comprehensive Planning Assistance; the funding for CDBG-Emergency Home Repair Grant Program; whether the City is in the business of health care; and the consideration of using funds from the ESG program to fund CDBG-C.C. Hope House. Ms. Cooper made a motion to reduce the allocation from the CDBG-Program Administration by $25000 and CDBG-Del Mar College/Business Resource Center by $25000 and allocate $50,000 to CDBG-Gulf Coast Council of La Raza, Inc. The motion was seconded by Ms. Leal. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting April 8, 2008 — Page 18 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Leal, Marez, and Martinez, voting "Aye"; Hummell, Kelly, and McCutchon, voting "No", Council Member Leal requested consideration for funding the ADA compliance items requested under the CDBG program if interest is available from the 2004 Bond Issue. Council Member Leal asked staff to provide information on the status of CDBG funding for street humps in the Molina area and the average cost. Mr. Marez made a motion to reduce the allocation from CDBG-Emergency Home Repair Grant Program by $25,000 and CDBG-Single Family Rehabilitation by $25,404 and allocate the funding to CDBG-C.C. Hope House in the amount of $50,000. The motion was seconded by Ms. Cooper. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Leal, Marez, , and Martinez, voting "Aye"; Hummell, ll, Kelly, and McCutchon, voting "No". Dr. McCutchon made a motion to reduce the allocation from CDBG-International Westside Pony League by $25,000 and increase the allocation to CDBG-Del Mar College/Business Resource Center by $25,000. The motion failed for lack of second. Ms. Leal made a motion to eliminate the allocation from CDBG-Goodwill Industries of South Texas, Inc. in the amount of $100,000 and increase the allocation of CDBG-International Westside Pony League by $100,000. The motion failed for lack of second. Mayor Garrett made a motion to reduce the allocation from CDBG-Mother Theresa Shelter, Inc. by $25,000 and increase the allocation for CDBG-International Westside Pony League by $25,000. The motion was seconded by Ms. Cooper. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, , and Martinez, voting "Aye"; McCutchon voting "No A motion was made, seconded and passed to open the public hearing on the ESG program. Mayor Garrett called for comments from the audience. Sister Milagros T rr , President of The Ark Assessment Center and Emergency Shelter for Youth, spoke in support of staffs recommendation for funding ESG-The Ark Assessment Center and Emergency Shelter for Youth and invited the Council to visit the facility. Dr. McCutchon expressed concern regarding staffs recommendation to reduce the funding from ESG-Corpus Christi Metro Ministries by $13,000 from the previous year. Mr. Kelly made a motion to close the public hearing on ESG program, seconded by Ms. Martinez, and passed. There was a general consensus of the Council to concur with staffs recommendation. A motion was made, seconded and passed to open the public hearing on the HOME program. No one appeared in opposition of staffs recommendation. Mr. Elizondo made a motion to close the public hearing on ESG program, seconded by Mr. felly, and passed. There was a general consensus of the Council to concurwith staffs recommendation, Minute — Regular Council Meeting April 8, 2008 — Page 19 Staff advised that the FY2008 Consolidated Annual Action Plan would return for Council approval as recommended by Council. Mayor Garrett opened discussion on Item 30 regarding the creation of the Clean City Advisory Committee. City Manager Noe stated that the Council has expressed an interest in re-establishing a committee to address recycling and litter reduction as part of the Clean Cities Initiative. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 30. FIST REA ING ORDINANCE Amending the Code of Ordinances, Chapter 2 "Administration," by creating the Clean City Advisory Committee and enacting enabling provisions; providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Elizondo, Hummel', Kelly, Leal, Marez, and Martinez, voting "Aye": Cooper and McCutchon were absent. Mayor Garrett opened discussion on Item 31 regarding the Parks, Recreation & Open Spaces Master Plan. Director of Sally Gavlik presented this item. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 31.a. MOTION NO. 2008-096 Motion to amend prior to second reading the ordinance amending the Comprehensive Plan of the City of Corpus Christi by amending the City of Corpus Christi Parks, Recreation & Open Space Master Plan by amending the Top Ten List of highest priority recreation facility needs in Section 9.2. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; Cooper and McCutchon were absent. 81.b. ORDINANCE NO. 027652 Amending the Comprehensive Plan of the City of Corpus Christi by amending the City of Corpus Christi Parks, Recreation and Open Space Master flan by amending the Top Ten List of highest priority recreation facility needs in Section 9.2; providing for repeal of conflicting ordinances. (First Reading 03111/08) The foregoing ordinance was passed and approved on its second reading as amended with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; Cooper and McCutchon were absent. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 6:12 p.m. on April 8, 2008. ** * * * * * *