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HomeMy WebLinkAboutMinutes City Council - 09/09/2008I 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 September 9, 2008, which were approved by the City Council on September 23, 2008. WITNESSETH MY HAND AND SEAL, on this the 23rd day of September, 2008. -- Armando Chapa � City Secretary SEAL PRESENT Mayor Henry Garrett Mayor Pro Tem Priscilla Leal Council Members: Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Michael McCutchon John Marez* Nelda Martinez *Arrived at 10:21 a.m. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 9, 2008 - 10:00 a.m. City Staff: Interim City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa Assistant City Secretary Mary Juarez Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Council Member Nelda Martinez and the Pledge of Allegiance to the United States flag was led by Council Member Bill Kelly. 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 Garrett called for approval of the minutes of the regular Council meetings of August 19, 2008 and August 26, 2008 and the workshop meeting of August 26, 2008. A motion was made and passed to approve the minutes as presented. Mayor Garrett referred to Item 2 and the following board appointments were made: Airport Board Richard Drilling (Appointed) Arts and Cultural Commission Frank Trimble (Reappointed) Joe Hilliard (Reappointed) Ericka Kemm (Appointed) Amorette Garza (Appointed) Dr. Lad Young (Appointed) Paul Bissell (Appointed) Animal Control Advisory Committee Barbara E. Beynon (Appointed) Samantha Person (Appointed) ************ Mayor Garrett opened discussion on Item 5 regarding the Matthew Thebeau Memorial Award. Police Chief Bryan Smith stated that Officer Matthew Thebeau passed away in the line of duty and his parents Larry and Cindy Thebeau and family have requested to set up a fund for the City to present to a deserving cadet that show the traits and attributes of Officer Thebeau. Mr. & Mrs. Thebeau thanked the Council for giving the family the opportunity to honor their son and for providing a way for their son to give back to the community. Ms. Thebeau listed the characteristics that the recipient of the award should possess including honesty, integrity; humor; humility; athletic Minutes — Regular Council Meeting September 9, 2008 — Page 2 ability; and the heart it takes to be a police officer. Ms. Thebeau announced that the Thebeau family was presenting the City with a check for $10,000 to set up the Matthew Thebeau Memorial Award. Sergeant Yolanda Trujillo provided a list of Officer Thebeau's attributes and presented a memorial plaque that will be on display at the training center in Officer Thebeau's honor. City Secretary Chapa polled the Council for their votes as follows: 5. RESOLUTION NO. 027825 Resolution authorizing the City Manager or his designee to execute an agreement to establish the Matthew Thebeau Memorial Award. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. * * * ** * * * ***** Mayor Garrett called for consideration of the consent agenda (Items 3 -22). Mr. Abel Alonzo requested that Item 18 be pulled for individual consideration. Council members requested that Items 6, 7, 8, 9, 10, 12, 19, and 21 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3.a. MOTION NO. 2008-234 Motion authorizing the City Manager or his designee to accept supplemental funding in the amount of $30,000 from the Governor's Division of Emergency Management, Texas Department of Public Safety, for additional funding eligible under the FY 2008 Local Border Security Program and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 3.b. ORDINANCE NO. 027823 Ordinance appropriating $30,000 from the Governor's Division of Emergency Management, Texas Department of Public Safety in the No. 1061 Police Grants Fund for overtime associated with the Border Star Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 4.a. MOTION NO. 2008-235 Motion authorizing the City Manager or his designee to accept a grant in the amount of $89,001 from the State of Texas, Criminal Justice Division to continue the Victims of Crime Act (VOCA) grant within the Police Department for Year 9 with a City cash match of $19,424, in-kind match of $3,200 for a total project cost of $111,625 and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. Minutes — Regular Council Meeting September 9, 2008 — Page 3 4.b. ORDINANCE NO. 027824 Ordinance appropriating $89,001 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA) Fund and authorizing the transfer of $19,424 from the No. 1020 Cash Contributions to Grants Fund to the No. 1061 Police Grants Fund as grant matching funds. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 11.a. RESOLUTION NO. 027836 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $394,978 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the South Texas Library System at the Corpus Christi Public Library for State Fiscal Year 2008-2009. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 11.b. ORDINANCE NO. 027837 Ordinance appropriating $394,978 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to continue operation of the South Texas Library System at the Corpus Christi Public Library for State Fiscal Year 2008-2009. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 13.a. RESOLUTION NO. 027840 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $148,694 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library for State Fiscal Year 2008-2009. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 13.b. ORDINANCE NO. 027841 Ordinance appropriating $ 148,694 from the Texas State Library and Archives Commission in the No. 1068 Library Grants Fund to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library for State Fiscal Year 2008-2009. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. Minutes — Regular Council Meeting September 9, 2008 — Page 4 14.a. RESOLUTION NO. 027842 Resolution authorizing the City Manager or his designee to accept a grant from the State of Texas, Office of Governor, Criminal Justice Division, in the amount of $10,874.14 for the Juvenile Accountability Incentive Block Grant Program for an Anti -Shoplifting Education Program for the Municipal Juvenile Court to reduce juvenile delinquency, improve the Juvenile Justice System, and increase accountability ofjuvenile offenders, with a City Match of $1,208.24 in the No. 1020 General Fund, and a total project cost of $12,082.38. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 1413. ORDINANCE NO. 027843 Ordinance appropriating $10,874.14 from State of Texas, Office of the Governor, Criminal Justice Division, in the No. 1061 Police Grant Fund for eligible funding under the Juvenile Accountability Incentive Block Grant Program for an Anti -Shoplifting Education Program for the Municipal Juvenile Court to reduce juvenile delinquency, improve the Juvenile Justice System, and increase accountability ofjuvenile offenders; transferring $1,208.24 from the No. 1020 General Fund and appropriating it in the No. 1061 Police Grant Fund as grant matching funds; appropriating $7,500 of estimated program income in the No. 1061 Police Grant Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 15. MOTION NO. 2008-236 Motion authorizing the City Manager or his designee to execute Change Order No. 2 for leachate pond service roadways, containment pond, culverts, and roadway repairs in the amount of $297,986.35 with Longhorn Excavators, Inc., of Richmond, Texas for the Cefe F. Valenzuela Landfill Section 4A Liner & Leachate Collection System and Section 4B Excavation. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye'; Marez was absent. 16. MOTION NO. 2008-237 Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Emil Martin Zuberbueler, et al in the amount of $55,654 plus $1,500 in closing costs, for the purchase of fee simple property rights for Parcel 1, being 15.901 acres out of the Margaret Kelly Land, located east of the Corpus Christi International Airport (CCIA) by Bear Lane and FM 763 (Joe Mireur Road) in connection with the Taxiway Rehabilitation, Taxiway Signage/Lighting and Airfield Drainage Project, Phase VI and for other municipal purposes. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. Minutes — Regular Council Meeting September 9, 2008 — Page 5 17. MOTION NO. 2008-238 Motion authorizing the City Manager or his designee to execute a contract with James Hetherington (Artist) for the design, production, installation, and purchase of a permanent work of art created in stainless steel, in the amount of $12,375.00 as part of the Percent for Art Program associated with the Fire Station #17 construction project. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 20. FIRST READING ORDINANCE Amending Section 14-1341, Platting Ordinance Fees, Section 55-70, Adoption of Rules, Regulations and Water and Gas Fees, and Section 55-71(6)(2), (3), and (5), Sewer Tapping Fees, Code of Ordinances, City of Corpus Christi, to increase or establish fees related to Platting and Taps; providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 22. ORDINANCE NO. 027845 Abandoning and vacating a 3,782.34 -square foot portion of the Columbia Parkway public street rig ht -of -way, located just south of the Trojan Drive public street right-of-way; subject to owner's compliance with the specified conditions. (First Reading 08/26/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. Mayor Garrett opened discussion on Items 6-10 regarding grants from the Texas Department of State Health Services for the Health Department. Council Member McCutchon asked whether the grant for terrorism is appropriated to a specific fund or the general fund. Acting Director of Public Health Annette Rodriguez stated that the funds are appropriated to the laboratory. Dr. McCutchon asked whether the acceptance of these grants would increase the operating budget. Ms. Rodriguez explained that the grants are not reflected in the general fund. Dr. McCutchon asked whether the City was the governing body that oversees the grants. Ms. Rodriguez said the City is the fiduciary agent for the grants and the City is still required to meet the grant criteria. Interim Assistant City Manager Cindy O'Brien stated that grants are reflected in the annual audit and the City's Annual Financial Report (CAFR). City Secretary Chapa polled the Council for their votes as follows: 6.a. RESOLUTION NO. 027826 Resolution authorizing the City Manager or his designee to accept a grant of $230,351 from the Texas Department of State Health Services for personnel costs and other expenses relating to a plan for responding to an act of terrorism and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Minutes — Regular Council Meeting September 9, 2008 — Page 6 6.b. ORDINANCE NO. 027827 Ordinance appropriating a grant of $230,351 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for personnel costs and other expenses relating to a plan for responding to an act of terrorism. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye; Cooperwas absent. 7.a. RESOLUTION NO. 027828 Resolution authorizing the City Manager or his designee to accept a grant of $241,637 from the Texas Department of State Health Services to provide an immunization program for children, adolescents, and adults, with special emphasis on children two years of age or younger, and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas absent. 7.b. ORDINANCE NO. 027829 Ordinance appropriating a grant of $241,637 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide an immunization program for children, adolescents, and adults, with special emphasis on children two years of age or younger. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 8.a. RESOLUTION NO. 027830 Resolution authorizing the City Manager or his designee to accept a grant of $202,923 from the Texas Department of State Health Services to provide essential public health services and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas absent. 8.b. ORDINANCE NO. 027831 Ordinance appropriating a grant of $202,923 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide essential public health services. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Minutes — Regular Council Meeting September 9, 2008 — Page 7 9.a. RESOLUTION NO. 027832 Resolution authorizing the City Manager or his designee to accept a grant of $63,134 from the Texas Department of State Health Services to provide tuberculosis prevention and control services and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas absent. 9.b. ORDINANCE NO. 027833 Ordinance appropriating a grant of $63,134 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide tuberculosis prevention and control services. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 10.a. RESOLUTION NO. 027834 Resolution authorizing the City Manager or his designee to accept a grant of $22,500 from the Texas Department of State Health Services to provide laboratory services for the analysis of bay water samples and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas absent. 10.b. ORDINANCE NO. 027835 Ordinance appropriating a grant of $22,500 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide laboratory services for the analysis of bay water samples. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 12 regarding a grant from the Texas State Library and Archives Commission. Council Member Leal asked whether any of the grant funding would be appropriated to the Greenwood Library. Director of Libraries Herb Canales said that the grant funding was not for a specific library. Mr. Canales stated that the grant was provided to the fifty-four member libraries in the South Texas Library System for a salary position and consulting services. City Secretary Chapa polled the Council for their votes as follows: 12.a. RESOLUTION NO. 027838 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $79,000 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Technical Assistance Negotiated Minutes — Regular Council Meeting September 9, 2008 — Page 8 Grant Program administered by the South Texas Library System at Corpus Christi Public Library for the State Fiscal Year 2008-2009. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 12.b. ORDINANCE NO. 027839 Ordinance appropriating $79,000 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to continue operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System at the Corpus Christi Public Library for State Fiscal Year 2008-2009. An emergency was declared, and the foregoing ordinance 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 18 regarding a lease agreement with Miracle League of Corpus Christi, Inc. Abel Alonzo, 1701 Thames, thanked everyone involved in the Miracle Field project. Director of Parks and Recreation Sally Gavlik provided a brief overview of the project. City Secretary Chapa polled the Council for their votes as follows: 18. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a twenty-year lease agreement with Miracle League of Corpus Christi, Inc. for the use of approximately 1.25 acres on the State School Park Site in consideration of Miracle Field construction, use, and maintenance; providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 19 regarding an amendment the Code of Ordinance to require pre -payment for gasoline or diesel fuel dispensed at a retail fuel business. Police Chief Bryan Smith stated that gasoline theft has a significant impact on the crime rate in Corpus Christi and these incidents detract police officers from targeting more serious crimes. Chief Smith added that this ordinance could deal with this problem from a prevention stand point as opposed to targeting it as an enforcement problem. Chief Smith said that some businesses have stated that they would like the law codified so that itis enforced constantly so that it does not give any business a competitive advantage. The following topics pertaining to this item were discussed: the reason the City has an interest in dictating to merchants when customers pay for gas/diesel; whether there has been an outreach to the retail community; the reason the crime rate imposes an interest in this regulation; the reason that businesses are not currently requiring pre -payment at the pump; whether Stripes is currently requiring pre -payment; whether Stripes is trying to keep other businesses from having a competitive advantage; the person that would be considered the criminal if the ordinance is violated; how this ordinance would prevent theft; enforcement of this ordinance; the historical crime statistics for gas drive -offs from 2005 to 2007; inaccurate reporting habits by businesses; economic loss of state and federal dollars; the economic perspective for having a lower crime rate in the City; use of cameras at businesses; the penalties for violating the ordinance; and what other cities are enacting this ordinance. Minutes — Regular Council Meeting September 9, 2008 — Page 9 City Secretary Chapa polled the Council for their votes as follows: 19. FAILED Amending the Code of Ordinances Chapter 33, by enacting a new section, Section 33 17, Pre payment required for gasoline or diesel fuel dispensed at a retail fuel businese, to require bucincr..cs selling gasoline or diesel fuel to individual customers to provide for prc The foregoing ordinance failed to pass on its first reading with the following vote: Garrett, Cooper, Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "No". Mayor Garrett opened discussion on Item 21 regarding rules of operation for City maintained cemeteries. Council Member Leal asked questions regarding the location of the cemeteries and whether the City maintains a cemetery in the Flour Bluff area. Director of Parks and Recreation Sally Gavlik stated that the cemeteries are located behind Coles School and Kennedy Avenue and that there is not a City maintained cemetery in the Flour Bluff area. City Secretary Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 027844 Amending the Code of Ordinances, Chapter 33, Offenses and Miscellaneous Provisions, to establish Article VIII, regarding rules of operation for City maintained cemeteries; providing for publication; providing for penalties. (First Reading 08/26/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. *****,.******* Mayor Garrett referred to Item 23, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 23. Case No. 0708-02, Greenwood -Molina Nursery School, Inc.: A change of zoning from a "R- 1 B" One -family Dwelling District to an "AB" Professional Office District resulting in a change of land use from residential to commercial on property described as Washington Addition, Block 1, Lot 14, located at 953 National Street across from the Greenwood -Molina Nursery School, Inc. City Secretary Chapa stated that the Planning Commission and staff recommended denial of the "AB" Professional Office District, and in lieu thereof, approval of a "R-1 B" One -family Dwelling District with a Special Permit to allow a playground on Washington Addition, Block 1, Lot 14, as an accessory use to the childcare center occupying Washington Addition, Block 2, Lots 38, 39, 40, and 41 and subject to five (5) conditions. No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting September 9, 2008 — Page 10 23. ORDINANCE NO. 027846 Amending the Zoning Ordinance, upon application by Greenwood -Molina Nursery School, Inc., by changing the Zoning Map in reference to Washington Addition, Block 1, Lot 14, from "R-113" One -Family Dwelling District to "R-1 B/SP" One -Family Dwelling District with a Special Permit to allow a playground, subject to five (5) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett referred to Item 24, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 24. Case No. 0708-05, Anchor Harbor Mobile Home Community, L.L.C.: A change in zoning from a "B-4" General Business District to a "T -1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 1, resulting in a change of land use from commercial to travel trailer park and "T-113" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 Overlay on Tract 2, resulting in a change of land use from commercial to manufactured home park on property described as 3.167 acres out of Anchor Harbor Tract No. 1, located on the north side of South Padre Island Drive and approximately 500 feet west of Paul Jones Avenue. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "T -1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 on Tract 1 and "T-1 B" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 Tract 2 and subject to a site plan and four (4) conditions. The following topics pertaining to this item were discussed: the site plan for the planned unit development; whether a planned unit development was inclusive to include landscaping and setback requirements; concerns with a freeway view of a trailer park; the location of the trailers; the reason for placing trailers in that area; the current zoning for the property; the length of time that this property has been zoned "B-4"; whether the current zoning was part of the master plan; whether putting a mobile park adjacent to Padre Island Drive was discussed with the Planning Commission; the number of units currently on the property; the zoning for the tract located east of the property; the setback and screening requirements if the ordinance is approved; whether the pool and the existing house will stay on the property; and the possibility of requiring additional landscaping for mitigation. No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Dr. McCutchon made a motion to table the ordinance, seconded by Ms. Martinez. The motion to table was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Hummel) voting "No"; Marez was absent. 24. TABLED Amending the Zoning Ordinance, upon application by Anchor Harbor Mobile Home District with a ' 'PUD 2" Planned Unit Development 2 Overlay on Tract 1, resulting in a Minutes — Regular Council Meeting September 9, 2008 — Page 11 Mayor Garrett opened discussion on Item 25 regarding the adoption of an ordinance setting a tax rate of $0.563846 per $100 valuation. Interim Assistant City Manager Cindy O'Brien explained that this item is for adoption of an ordinance setting the tax rate of $0.563846 and said that this rate was included as part of the approved budget and is the same rate imposed last fiscal year. Ms. O'Brien stated that this rate does not exceed the rollback tax rate of $0.578152 but it does exceed the effective tax rate of $0.548464 that required the two public hearings. The following items pertaining to this item were discussed: whether this rate is required for the City to do infrastructure improvements and pay the increase for City employees; the amount of additional revenue; the amount of revenue collected in 2008; the amount of money needed to cover all of the City's bills; the tax rate needed in order to not increase the tax rate; the cost of the pay raise for employees; and whether the City would be able to give the City employees a pay raise if the effective tax rate was rolled back. Ms. Leal stated that for the record she was in support of lowering the tax rate. Mr. Kelly made a motion that the property taxes be increased by the adoption of a tax rate of $0.563846 per $100 valuation. The motion was seconded by Mr. Hummell. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 25. ORDINANCE NO. 027847 Ordinance setting a tax rate of $0.563846 per $100 valuation; prescribing the taxes to be levied, assessed and collected by the City of Corpus Christi, Texas for Tax Year 2008 and for each succeeding year thereafter until otherwise provided and ordained and such other years, as the same may be applicable. An emergency was declared, and the foregoing ordinance was passed and approved as moved by Mr. Kelly and seconded by Mr. Hummell with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No". Mayor Garrett called for a brief recess to present proclamations and listen to public comment. Mayor Garrett called for petitions from the audience. Joan Veith, 5701 Cain, spoke in opposition to the petition to raze the Memorial Coliseum. Bob Algeo, 15629 Three Fathoms, spoke regarding the Veterans Summit; hurricane preparedness; the Bond 2008 work for Aquarius Street and the Bayfront Phase 3 projects; and the Memorial Coliseum. Johnny French, 4417 Carlton Street, spoke regarding the improvements for Packery Channel. Mr. French provided the Council with a disk of the contracts between the Texas General Land Office (GLO) and the City. Jose Minutes — Regular Council Meeting September 9, 2008 — Page 12 Mendez, 5817 Brent Ford, spoke against the proposition to destroy the Memorial Coliseum. JoAnn Smith, 15530 Cuttysark Street, requested clarification of the location of the area considered for vehicular restriction on the beach. Teena Liles, 13829 Eaglesnest Bay, spoke in support of eliminating vehicular traffic by the seawall. Ray Medina, 5413 Cain Drive, spoke regarding the City not enforcing codes on a property located on Holly Road. Jerry Garcia, Southside Youth Sports, spoke regarding the City maintaining the Westside Little League fields; the pilot program for South Guth Youth Sports Complex; and Community Development Block Grant (CDBG) projects. Mary Lou Huffman, 402 Old Robstown Road, spoke regarding illegal dumping of tires in neighborhoods. Tony Hartwell thanked Assistant City Manager Margie Rose for responding immediately to issues and asked the Council to consider ordinances regarding pre -payment of gasoline; requiring the same gas price throughout the City; implementing half-price gas for fire, police, and emergency vehicles; and restricting landlords from renting condemned property. Mr. Hartwell requested that more funding be provided to Animal Control. Trian Serbu, 14310 Playa del Ray, spoke regarding the proposal for the festival area and wind turbines on the Bayfront and asked the Council to consider repairing the roof on the Coliseum immediately. Julian Young, 7021 Chiswick, spoke regarding the lighting at the Skatepark. Luis Corona, Sr., 2805 David, encouraged Interim City Manager Angel Escobar to apply for the City Manager position. Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: (Item 37 was withdrawn) . 35. Executive session under §551.087 of the Texas Government Code for deliberations regarding the offer of a financial or other incentive to a business prospect, the Las Brisas project, with possible discussion and action related thereto in open session. 36. Executive session under §551.072 of the Texas Government Code for deliberations regarding the lease of real property adjacent to Lake Corpus Christi, with possible discussion and action related thereto in open session. open session. * * * * * * * * * * * * * Mayor Garrett read the following statement regarding Item 26: "Due to current market conditions resulting in an excess supply of bonds being offered for sale by Texas political subdivisions, upon the advice of the City's financial advisor, consideration of the sale of the City's solid waste certificates of obligation shall be delayed for one week, and shall be considered at the September 16, 2008 City Council meeting." 26. POSTPONED UNTIL SEPTEMBER 16TH other matters relating to the subject. Minutes — Regular Council Meeting September 9, 2008 — Page 13 Mayor Garrett opened discussion on Item 27 regarding the "Voyage: A Journey Through Our Solar System" exhibit. Director of the Museum of Science and History Rick Stryker stated that the City Council approved the submission of a grant application to the Institute of Museum and Library Services in September2007. Mr. Stryker announced that the grantwas approved and explained that this item is to accept the grant and appropriate the funding. Colleen McIntyre, Island Foundation, referred to a powerpoint presentation including an explanation of the project; partnerships; the Voyage communities; a description of the exhibit; the components of the exhibit; the selected location of the sculptures; the items included with the package; the exhibit budget; the expenses for Phase 1; the total project expenses; and timeline. There were no comments from the audience. Assistant City Secretary Juarez polled the Council for their votes as follows: 27.a. MOTION NO. 2008-239 Motion authorizing the City Manager or his designee to accept and execute all related documents for a Museums for America Grant from the Institute of Museum and Library Services in the amount of $150,000 for the exhibit, "Voyage: A Journey Through Our Solar System" to be installed along Shoreline Boulevard. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 27.b. ORDINANCE NO. 027848 Ordinance appropriating $179,600 into the Museum Grants Fund No. 1069 for the purchase of the exhibit, "Voyage: A Journey Through Our Solar System" from the following sources: Museums for American Grant in the amount of $150,000 from the Institute of Museum and Library Services, $15,000 cash donation from the Corpus Christi Independent School District Foundation, $11,000 cash donation from American Bank, and $3,600 cash donation from the Friends of the Corpus Christi Museum of Science and History. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 27.c. MOTION NO. 2008-240 Motion authorizing the City Manager or his designee to execute an agreement with Exhibitology, LLC in the amount of $179,600 for the fabrication of the exhibit, "Voyage: A Journey Through Our Solar System". The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye'; Marez was absent. Mayor Garrett opened discussion on Item 28 regarding the establishment of a State Veterans' Cemetery. City Attorney Fischer announced that this item was postponed by staff. 28. POSTPONED UNTIL SEPTEMBER 161h Veterans' Land Board of the State of Texas and Nucccs County and the City of Corpus Christi for the establishment of a State Veterans' Cemetery. Minutes — Regular Council Meeting September 9, 2008 — Page 14 Mayor Garrett opened discussion on Item 29 regarding a Memorandum of Understanding with Nueces County for the City — County Health District. George K. Noe provided an overview of the negotiations with the County regarding administrative procedures at the Health Department including a single pay schedule for staff; the use of the City plan for paid time off plan; the use of the City system for travel and mileage reimbursement; employee incentives; use of the City's purchasing system including P -Cards; restaurant inspection positions and funding; the costs and appointment of the Director and Assistant Director positions; and grants. The following topics pertaining to this item were discussed: whether the Commissioners Court supported the changes and guidelines for grants. Mayor Garrett made a motion to amend the resolution by changing the wording from "implement" to "present a plan for". The motion was seconded by Ms. Martinez. 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. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 29. RESOLUTION NO. 027849 Resolution authorizing the City Manager or his designee to execute a Memorandum of Understanding with Nueces County to develop and present a plan for administrative changes within the City -County Health District. The foregoing resolution was passed and approved as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. Mayor Garrett opened discussion on Item 30 regarding the FY2008 Consolidated Annual Action Plan (GAAP). Council Member Leal made the following statement "I publicly disclose that I am a member of the Nueces County Community Action Agency Board. I 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. I will abstain from participation in all deliberation and voting of funding related to this board." Council Member Martinez made the following statement: "I publicly disclose that I am a member of the Palmer Drug Abuse Board. I will obtain no financial interest or benefit from a CDBG, ESG or HOME activity. I will have no financial interest in any contract with respect to a CDBG, ESG or HOME activity or its proceeds. Minutes — Regular Council Meeting September 9, 2008 — Page 15 I will abstain from participation in all deliberation and voting of funding related to this board." City Secretary Chapa made the following statement on behalf of Council Member Marez: "Mr. Marez disclosed that through his profession, he regularly deals with the ARK Assessment Center and the Emergency Shelter for Youth. He will obtain no financial interest or benefit from a CDBG, ESG or HOME activity. He will have no financial interest in any contract with respect to a CDBG, ESG or HOME activity or its proceeds. He will abstain from participation in all deliberation and voting of funding related to the ARK Assessment Center and the Emergency Shelter for Youth." Director of Community Development Daniel Gallegos provided a brief overview of the previous council action and stated that the City received approval of the CAAP on August 21, 2008. Mr. Gallegos explained that this item requires acceptance of the grants to implement the 2008 CDBG, ESG, and HOME program; execution of the subrecipient agreements and development projects and activities; appropriate the funding; and execution of an amendment to the FY2008 subrecipient agreement with Del Mar College for Business Resource Center. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 30.a. MOTION NO. 2008-241 Motion authorizing the City Manager or designee to accept grants from the U. S. Department of Housing and Urban Development to implement the FY2008 Consolidated Annual Action Plan, including the Community Development Block Grant (CDBG), the Emergency Shelter Grant (ESG), and the HOME Investment Partnerships (HOME) Grant, and execute subrecipient agreements for community planning and development projects and activities. FY2008 CDBG FUNDING (1) Amistad Community Health Center -$100,000 (2) Corpus Christi Hope House - $50,000 (3) Del Mar College/Business Resource Center - $150,000 (4) Goodwill Industries of South Texas, Inc. - $100,000 (5) Gulf Coast Council of La Raza, Inc. - $50,000 (6) International Westside Pony League - $95,000 (7) Mental Health Mental Retardation Center of Nueces County (MHMR-NC) - $75,000 (8) Mother Theresa Shelter, Inc. - $100,000 (9) Nueces County Community Action/Weatherization/Minor Home Repair - $60,000 (10) Palmer Drug Abuse Program - $40,000 (11) Wesley Community Center - $50,000 (12) YMCA of the Coastal Bend - $78,066 FY2008 ESG FUNDING (13) Catholic Charities of Corpus Christi - $15,000 (14) Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place - $15,000 (15) Corpus Christi Hope House, Inc. - $15,000 (16) Corpus Christi Metro Ministries, Inc. - $30,000 (17) Mary McLeod Bethune Day Nursery, Inc. - $15,000 Minutes — Regular Council Meeting September 9, 2008 — Page 16 (18) The Ark Assessment Center and Emergency Shelter for Youth - $15,000 (19) The Salvation Army - $20,000 (20) Timon's Ministries - $5,000 (21) Wesley Community Center - $12,469 FY2008 HOME FUNDING (CCCIC) (22) Accessible Housing Resources, Inc. — $85,000 (23) Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place - $100,000 (24) Nueces County Community Action Interim Financing: Infill Revitalization Project (CHDO) - $189,000 (25) Nueces County Community Action Agency Acquisition/ Rehab/Resale (CHDO) - $65,000 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. (NOTE: Martinez abstained on the vote and discussion on the portion of the resolution relating to the Palmer Drug Abuse Project; Leal abstained on the vote and discussion on the portion of the resolution relating to the Nueces County Community Action Agency project). 30.b. ORDINANCE NO. 027850 Ordinance appropriating $5,917,493 in the No. 1059 CDBG Grants Fund for the FY2008 Consolidated Annual Action Plan which includes: (1) $4,053,099 for the CDBG Program, consisting of $3,354,513 of entitlement funds, $470,000 of program income from housing loans, $128,586 of demolition lien program income, and $100,000 of reprogrammed funds; (2) $149,967 of entitlement funds for the ESG Program; and (3) $1,714,427 for the HOME Program, consisting of $1,604,096 of entitlement funds, $10,331 of the American Dream Downpayment Initiative Grant, $100,000 of program income from housing loans, for approved community planning and development projects and activities. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 30.c. MOTION NO. 2008-242 Motion authorizing the City Manager or his designee to execute amendment to the FY2008 subrecipient agreement with Del Mar College for Business Resource Center to include an additional carryover amount of approximately $16,198 from the FY2007 Community Development Block Grant (CDBG) to provide small business assistance and administration. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. Mayor Garrett opened discussion on Item 31 regarding the initiative proceedings and consideration of an ordinance pursuant to Article I, Section 4, of the City Charter to raze Memorial Coliseum and erect an appropriate memorial in an appropriate location honoring: "the sons and daughters of Nueces County who made the supreme sacrifice in World War 1f'. Minutes — Regular Council Meeting September 9, 2008 — Page 17 City Secretary Chapa stated that this item is an initiative effort submitted in regards to the Memorial Coliseum. Mr. Chapa said that the City Charter requires that the City Secretary submit the request to the City Council. Mr. Chapa added that the Council has the options to either approve an ordinance to raze the Memorial Coliseum and erect an appropriate memorial at an appropriate location on first reading; reject the ordinance; or postpone action. Mr. Chapa stated that if the Council does not take action on this item within 45 days or rejects the ordinance, he will provide the requester with petition forms for circulation. Mr. Chapa said if the requester receives the sufficient number of signatures (five percent of register voters); the issue will be placed on the ballot at the next City Council election. The following topics pertaining to this item were discussed: the deadline to take action on this issue; what occurs if the Council does not take action; changes to the initiative effort; whether the petition can void a decision of the Council; the date when the petition process can begin; whether the Request for Qualification (RFQ) states that the developer will use the Coliseum as part of the structure; the timeline for the committee to provide a recommendation; and the reason for the delay in the RFQ process. Council Member Leal requested a list of the people that attended the town hall meetings and voiced their opinions. Mayor Garrett called for comments from the audience. Johnny French, 4417 Carlton, asked the Council to continue the process and allow the public to listen to the report provided by the committee. Mr. Hummell made a motion to table this item and not address the issue until the Council has more information. The motion is seconded by Ms. Martinez. The motion to table was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". (Mr. Marez was originally absent during the vote on Item 31. There was a consensus of the Council to allow Mr. Marez to record his vote.) 31. TABLED Mayor Garrett opened discussion on Item 32 regarding the installation of bollards seaward of the Padre Island seawall. Council Member McCutchon said that this resolution detailed the elements of the compromise plan for the bollards from the seawall to the north jetty. Dr. McCutchon stated that there were revisions to the resolution presented. Dr. McCutchon made a motion to amend the resolution to include the language "whereas, that the ballot measure is adopted and approved by the General Land Office, the City will work with the GLO, the Corps of Engineers, etc. to ensure that the beach is renourished as expeditiously as possible and ongoing studies will determine how to maintain the beach on a continuing basis; include the word temporary at the beginning of Section 1.a.; and change Section 1.(6) to read "the orientation of the bollards so as to allow close water access near jetty. The motion was seconded by Ms. Martinez. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly abstained. The following topics pertaining to this item were discussed: the distance of the bollards that will extend northward towards the south jetty and the restoration of the beach. Minutes — Regular Council Meeting September 9, 2008 — Page 18 Mayor Garrett called for comments from the audience. Johnny French, 4417 Carlton, recommended adding a section regarding the restoration of the beach. Hal Suter, Chairman of the Beach Access Coalition, spoke in support of the resolution as amended. Cliff Schlabach, Coastal Bend Chapter of the Surfrider Foundation, asked the Council to approve the resolution. Mary Lou Huffman, spoke in support of open beaches and restoration of the beach. Dr. McCutchon made a motion to amend the resolution by adding Section 3. The City Council will undertake efforts to restore beach to a minimum of 200 feet. The motion was seconded by Ms. Martinez. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly abstained. City Secretary Chapa polled the Council for their votes as follows: 32. RESOLUTION NO. 027851 Resolution establishing the City Council's guidance on the installation of bollards seaward of the Padre Island seawall to address safety issues related to the eroding beach between renourishment efforts. The foregoing resolution was passed and approved as amended with the following vote: Garrett, Cooper, Elizondo, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent; Kelly abstained. ************* Mayor Garrett recessed the regular Council meeting to hold a meeting of the Corpus Christi Community Improvement Corporation (CCCIC). ************* Mayor Garrett reconvened the regular Council meeting. Mayor Garrett announced that Item 34 regarding a presentation on the status and proposed scheduled of hearings for adoption of the Unified Development Code (UDC) was pulled. * * * ********** Mayor Garrett announced that on behalf of the Interim City Manager Angel Escobar and emergency personnel, the City will continue to monitor Hurricane Ike. Mayor Garrett advised the community to monitor the media and be prepared. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 3:31 p.m. on September 9, 2008.