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HomeMy WebLinkAboutMinutes City Council - 12/09/2008I 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 December 9, 2008, which were approved by the City Council on January 13, 2009. WITNESSETH MY HAND AND SEAL, on this the 13th day of January, 2009. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 9, 2008 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Michael McCutchon Council Members: Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla Leal John Marez* Nelda Martinez *Arrived at 10:07 a.m. City Staff: City Manager Angel R. Escobar Assistant City Attorney Jay Reining City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. Council Member Leal requested that a special prayer being given for Ken Chastain. The invocation was delivered by Assistant Pastor Doug Hoffman with Calvery Chapel of the Coastlands and the Pledge of Allegiance to the United States flag was led by Council Member Mike Hummell. 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 November 11, 2008 and November 18, 2008 and the special meeting of November 13, 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: Arts and Cultural Commission Teresa Crayon (Appointed) Building Code Board of Appeals Bill Ewing (Reappointed) Ricardo Martinez (Appointed) John Kendall (Appointed) Ethics Commission Randall Barrera (Appointed) Oil and Gas Advisory Committee Glen Cooper (Reappointed) Robert E. Powell (Appointed) Board of Adjustment Morgan Spear (Appointed) R. Bryan Johnson (Appointed) C.C. Regional Economic Development Corp. Sam Beecroft (Appointed) North Padre Island Development Corporation John Marez (Reappointed) Nelda Martinez (Reappointed) Priscilla Leal (Reappointed) Port of Corpus Christi Authority Francis I. Gandy (Appointed) ************* Minutes — Regular Council Meeting December 9, 2008 — Page 2 Mayor Garrett called for consideration of the consent agenda (Items 3 -19). Several citizens requested that Item 16 be pulled for individual consideration. Council members requested that Items 3, 13, 14, and 19 be pulled for individual consideration. City Secretary Chapa requested that Item 18 be pulled for an amendment. City Secretary Chapa polled the Council for their votes as follows: 4.a. MOTION NO. 2008-318 Motion authorizing the City Manager or his designee to accept funding in the amount of $1,600 from Target for the purchase of equipment to assist the Repeat Offender Program for the Police Department. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 4.b. ORDINANCE NO. 027963 Ordinance appropriating $1,600 from Target for the purchase of equipment to assist the Repeat Offender Program for the Police Department in Fund No. 1020 Police General Fund. 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". 5.a. MOTION NO. 2008-319 Motion approving the purchase of backup software and hardware from Sigma Solutions of San Antonio, Texas in the amount of $660,278 for a turnkey solution, including five-year support and maintenance services, for the following software and hardware: EMC Networker/EDL software; EMC Avamar de -duplication software and appliances; EMC Virtual Tape Library; upgrade to the StorageTek tape backup hardware; project management; and staff training. The purchase will be financed over a five-year period. The solution is the first phase in creating a disaster recovery system and increased data storage system. Sigma Solutions is a State of Texas Go Direct Vendor. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 5.b. MOTION NO. 2008-320 Motion approving the purchase of continued annual maintenance from Sigma Solutions of San Antonio, Texas for the Networker/EDL software, Avamar software and appliances, Virtual Tape Library, and StorageTek hardware solution subject to annual appropriation of funds. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 6.a. RESOLUTION NO. 027964 Resolution authorizing the City Manager or designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries, in the amount of $5,000.00 for the purchase of computers for the Northwest Branch Library. Minutes — Regular Council Meeting December 9, 2008 — Page 3 The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 6.b. ORDINANCE NO. 027965 Ordinance appropriating a $5,000.00 gift from the Friends of Corpus Christi Public Libraries into the General Fund No. 1020, Organization No. 12830, Account No. 520100, for the purchase of computers for the Northwest Branch Library; changing FY 2008-2009 Operating Budget adopted by Ordinance No. 027776 to increase revenues and appropriations by $5,000.00 each. 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". 7.a. MOTION NO. 2008-321 Motion adopting the timetable for the FY2009 Consolidated Annual Action Plan that is the planning and application process for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) programs. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 7.b. MOTION NO. 2008-322 Motion reaffirming Community Development Block Grant (CDBG) and HOME Investment Partnerships Program objectives and guidelines as previously approved and amended by City Council Policy No. 9. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 8. ORDINANCE NO. 027966 Ordinance appropriating $778,503 from the Federal Aviation Administration Grant No. 3-48- 0051-43-2008 in the No. 3020 Airport Capital Improvement Fund for construction of a Maintenance Equipment Building, Phase II and to rehabilitate Taxiway M, Phase I at Corpus Christi International Airport; amending FY2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $778,503. 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". 9. RESOLUTION NO. 027967 Resolution authorizing the City Manager or his designee to execute a multiple use agreement with the Texas Department of Transportation ("State") which allows for the City to install, operate, and maintain a storm water monitoring station in State right-of-way. Minutes — Regular Council Meeting December 9, 2008 — Page 4 The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 10. MOTION NO. 2008-323 Motion authorizing the City Manager, or his designee, to execute a construction contract with R.S. Black Civil Contractors Inc. of Corpus Christi, Texas, in the amount of $97,000 for the Whitecap Wastewater Treatment Plant South Clarifier Rehabilitation. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 11. MOTION NO. 2008-324 Motion authorizing the City Manager or his designee to execute a Traffic Signal Installation Contract with Star Operations, Inc. of Corpus Christi, Texas in the amount of $745,176.50 for the Traffic Signal Installations for: (BOND 2004) • Part 1, Part A: Port Avenue & Ayers for the Total Base Bid; • Part 1, Part B: Gollihar & Airline for the Total Base Bid and Additive Alternate No. 1; • Part 2, Park Road 22 & Whitecap and SH361 & Commodores for the Total Base Bid. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 12. MOTION NO. 2008-325 Motion authorizing the City Manager or his designee to execute a construction contract with A&R Demolition of Del Valle, Texas in the amount of $140,250 for the O.N. Stevens Water Treatment Plant Demolition of Chemical Feed System (Overhead Storage Tanks) 2008. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 15. ORDINANCE NO. 027968 Abandoning and vacating a 61,537.10 -square foot portion of the undeveloped and unsurfaced South Oso Parkway dedicated public right-of-way, out of the Botanical Gardens Park Unit 4 Subdivision, located north of and adjacent to the South Staples Street (Farm to Market Highway 2444) public right-of-way; subject to owner's compliance with the specified conditions. (First Reading —11/18/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 17. ORDINANCE NO. 027969 Authorizing the City Manager or his designee to execute a fourteen -year -six-month marina space rental contract with Yachting Center of Corpus Christi, LLC for the use of fifteen (15) boat slips on Peoples Street T -Head, Number 70 eastward terminating at the west bulkhead, Minutes — Regular Council Meeting December 9, 2008 — Page 5 for operation of yachting center, sailing school, charter boats and related activities, including construction of utility and boat slip improvements; for monthly slip fee rental payments of $6.85 per linear foot of dock space, subject to annual slip rate changes; providing for publication. (First Reading 10/28/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 18 regarding an amendment to the Code of Ordinances. Dr. McCutchon made a motion to amend Item 18 to comply with the memo provided by staff. The motion was seconded by Mr. Kelly and passed. City Secretary Chapa polled the Council for their votes as follows: 18. ORDINANCE NO. 027970 Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 to establish a fee for estimating meter reads when access to replace meter for the automated meter reading program is not provided; providing an effective date of January 1, 2009; and providing for publication. (First Reading —11/18/08) The foregoing ordinance was passed and approved as amended on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 3 regarding a lease agreement with War -Cat Youth Football League. Council Member Leal asked whether these fields were part of a pilot program similar to the Greenwood Youth Complex. Director of Parks and Recreation Sally Gavlik explained that this lease was different because the lease is for a joint use property with Nueces County. In response to Ms. Leal, Ms. Gavlik stated that the fields were offered "as is". Council Member Leal expressed her displeasure that the fields would not be improved. Ms. Gavlik said that the previous lessee of the property was required to do the improvements because of the Memorandum of Understanding (MOU) signed with Nueces County. Ms. Gavlik explained that the City has not invested money in these fields because the MOU with the County stated that the fields could be returned back to the County if the County determines that there is another use for the youth activities on the property. Ms. Leal requested a report on the estimated costs to improve the field and the parking lot by the next meeting. Council Member Kelly spoke regarding the facility being moved from the property and cooperation with the County. Freddy Olivarez, War -Cat Football League, said the league would make the necessary improvements to the field and would like access as soon as possible. Mr. Olivarez said the league would need assistance with the parking lot. City Secretary Chapa polled the Council for their votes as follows: 3. ORDINANCE NO. 027962 Ordinance authorizing the City Manager or his designee to execute a one-year lease agreement, with option to extend for up to two additional one-year terms, with War -Cat Youth Football League, a non-profit organization, and Nueces County, for the use of Equistar Field located near the intersection of McKinzie Road and Haven Drive, for its youth football athletic program in consideration of maintaining the premises and improvements. 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 December 9, 2008 — Page 6 Mayor Garrett opened discussion on Item 13 regarding the disannexation of the Sam Kane Beef Processors Inc. and the adjacent properties. Director of Economic Development Irma Caballero explained that the Department of Agriculture is guaranteeing the loan to Sam Kane Beef Processors Inc. for fifteen (15) years and has requested that the terms of the agreement be extended to fifteen (15) years. Ms. Caballero stated that the amendment to the contract is to extend the terms of the contract and clarify the annexed properties. The following topics pertaining to this item were discussed: language in the contract if the loan is retired earlier than the 15 years; allowing the City's right to re -annex the property; the U.S. Department of Agriculture (USDA) requiring true annexation terms and conditions for the full 15 years; the difference between Sam Kane being in the city limits and outside the city limits; zoning and control of land use; and whether staff had addressed the issue of Sam Kane defaulting on the loan. Ms. Martinez made a motion to table this item until the end of the meeting to allow staff to address language regarding default or retirement of the loan. The motion was seconded by Mr. Hummell. 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 14 regarding rental income at Sunrise Beach on Lake Corpus Christi. Council Member Hummell asked whether there is a current contract. Director of Water Operations Gustavo Gonzalez stated that the contract expired in March and is currently on a month-to-month basis. In response to Mr. Hummell, Mr. Gonzalez said the month-to-month contract terminates on December 31, 2008 and the City will assume operations. Council Member Hummell asked questions regarding the temporary employees; the reason City employees are not working at the facility; the cost of the conditions assessment; whether long term residents have been notified of the change in operation; and completing the conditions assessment and maintenance internally. Mr. Gonzalez explained that the temporary employees currently work for the contractor services provided and a full time employee of the Wesley Seale Dam office would work during the six-month assessment of the facility. Mr. Gonzalez added that the total cost of the expenses could be reduced once the facility is completely evaluated. Mr. Gonzalez stated that the long term tenants have been notified that of the change in operation. Mr. Hummell requested an itemization of cost associated with the facility in the next couple of months. City Secretary Chapa polled the Council for their votes as follows: 14. FIRST READING ORDINANCE Appropriating $150,000 of anticipated revenue from rental income at Sunrise Beach on Lake Corpus Christi in the No. 4010 Water Fund for the operation and maintenance of the Water Department's facility at Sunrise Beach; amending the FY 2008-2009 Operating Budget adopted by Ordinance No. 027776 to increase proposed expenditures and anticipated revenues by $150,000 each. 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. Mayor Garrett opened discussion on Item 16 regarding the abandoning and vacating of a public alley right-of-way in Padre Island (Playa Del Rey). Deputy Director of Development Services Johnny Perales explained that this item is the second reading of an alley closure located in Playa Del Rey. Mr. Perales stated that the alley is one of two existing access points to Packery Channel Minutes — Regular Council Meeting December 9, 2008 — Page 7 County Park. Mr. Perales added that the adjacent property owners have requested the closure and are willing to meeting the conditions specified including fair market value and execution of a Hold Harmless Agreement. Robert Bryan Johnson, 14257 Playa Del Rey, provided a copy of a petition in opposition to the alley closure and spoke regarding discussions with the applicant to postpone approval; solutions to resolve the issue; and the safety concerns addressed by the applicants. Beatrice Zimmer, 14206 Avenida De San Nico, spoke regarding the loss of neighborhood access to Packery Channel. Tim Cosgrove, 14206 Avenida De San Nico, asked that the alley not be abandoned to provide neighborhood access. Bob Johnson requested that the Council postpone the approval of the closure for 30 to 45 days to allow parties to resolve their issues. Mr. Johnson also addressed the notification process and the neighborhood's opposition to the closure. Patrick Crowley, 15102 Leeward Drive, stated that he purchased his property because of the alley way and did not see a problem with safety concerns. Bryan Gulley, applicant, provided a petition of signatures supporting the closure of the alley. Mr. Gulley stated that several property owners expressed concern for security and were not aware that the alley existed. Shannon Gulley, applicant, said her biggest concern is security. Ms. Gulley said there are several other ways to provide access to the park. Ms. Gulley said they are willing to maintain and pay for this land. Peggy Shirley, owner of Lot 4 on Villa Maria Isabel, spoke in opposition to the closure. Jerry Eaton, 14622 Villa Maria Isabel, stated that the neighbors most affected by the alley signed the petition in support of the closure. The following topics pertaining to this item were discussed: whether property owners purchased their property on reliance of the easement; if the alley was designed to provide access to Packery Channel; the language in the notification letter including information requesting comments prior to the Council meeting; whether the extension of Sand Dollar from Villa Maria Isabel to the park is City or County owned; allowing the two parties to resolve their issues; the notification area; concerns of the neighbors that don't have immediate access; the number of vacant lots; the original intention of the alley way; whether the alley was platted as an utility easement; whether the alley was covered with fill dirt; consideration of moving the alley; and whether the applicant felt that a delay would allow for a mediation between the neighborhood; Dr. McCutchon made a motion to table the item until February 10, 2009. The motion was seconded by Ms. Martinez. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 16. TABLED UNTIL FEBRUARY 10, 2009 Mayor Garrett opened discussion on Item 19 regarding an amendment to the Code of Ordinances. City Secretary Chapa announced that Council Member Kelly would abstain from the discussion and vote on this item. Carolyn Moon, 4902 Calvin, spoke regarding the head -in parking at the north end of the seawall. Council Member Hummell expressed concern regarding the "pedestrian safe" language. A brief discussion ensued regarding the "pedestrian safe" language. Council Member McCutchon addressed the issue of the width of the no parking areas. Mr. Rummell made a motion to amend the ordinance to read "vehicle free" instead of "pedestrian safe". The motion was seconded by Ms. Leal. Minutes — Regular Council Meeting December 9, 2008 — Page 8 The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly abstained; Cooper was absent. Dr. McCutchon made a motion to change the last sentence in Section 10-77.d. to read "These areas should be marked as pedestrian crossing and the width of restriction of head -in parking may not exceed 80 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: 19. ORDINANCE NO. 027971 Amending the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront Management and Construction, to restrict vehicular traffic on the Gulf Beach seaward of portions of the concrete segment of the Padre Island seawall and establishing a vehicle free area when the distance between the toe of the seawall to the water is less than 150 feet in width, and allowing two way vehicular traffic on the Gulf Beach between the northern end of the seawall and Padre Balli Park; establishing a vehicle free area between the northern end of the concrete seawall and the Packer)/ Channel jetty; committing the City Council to undertake efforts to restore and maintain the beach in front of the seawall to a minimum width of 200 feet; adding an appendix to the City of Corpus Christi, Texas, dune protection and beach access regulations to show the approximate location of bollards to be installed on the beach; providing for penalties; providing for severance; providing for publication; and providing a delayed effective date. (First Reading 11/18/08) The foregoing ordinance was passed and approved as amended on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly was absent. Mayor Garrett called for petitions from the audience. Thomas Reilly, 726 Crown Harbor, spoke as a representative of the Corpus Christi Beach Association opposing the development of the Las Brisas Energy Center. Suzanne Taylor, 5413 Pressler Drive, spoke regarding the effect of smoking ban to non-profit organizations that conduct bingo games in Corpus Christi. Angelique Rendon, 3014 Shady Creek and representative of the Lost Pet Hot Line, asked the Council to exempt bingo halls in the smoking ordinance. Anson Nash, 56 Virginia Hills, spoke in support of the Council's decision to oppose the 78415 funding to Planned Parenthood. Council Member Leal requested a report on the services provided in the 78415 grant program. Wilson Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas plant. John Kelly, 2621 Austin, spoke in support of the educational programs provided by Planned Parenthood. Danny Mora, representative of Camp Fire USA, asked the Council to grant an exemption in the smoking ordinance for bingo halls. Cindy Lebus, Director of Education for Planned Parenthood, said that their programs have been supported by the community and provided information on the services provided. Cynthia Smith, 902 Shephard, asked the Council to exclude bingo halls from the smoking ban. Dr. Gloria Scott, 4422 S. Alameda, spoke regarding a public information request on the process for the selection of the City Manager. A brief discuss ensued regarding the process for responding to public information requests. Mayor Garrett said he would work with staff to place this Minutes — Regular Council Meeting December 9, 2008 — Page 9 item on the agenda. John Adams, 307 Katherine Drive, spoke regarding the Sargassum Symposium 2008 and how to implement and improve beach management. Jerry Garcia, Southside Youth Sports Complex, thanked Billy Delgado with Parks and Recreation for his assistance at the complex. Mr. Garcia also spoke regarding the lease with War -Cat Little League and funding for the 78415 area. Craig Reynolds, Sam Kane Beef Processors, provided a card of appreciation from the employees thanking the City Council and staff for reassuring their jobs with the action taken. Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: 29. Executive session pursuant to Texas Government Code, Section 551.074 to deliberate the employment and duties of the City Manager with possible discussion and action related thereto in open session. 30. Executive session under Texas Government Code Section 551.087 to deliberate the offer of financial or other incentive to a business prospect to locate, stay, or expand in or near the City of Corpus Christi, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. A motion was made and seconded to table Item 13 until December 16, 2008. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, and Marez, voting "Aye"; Cooper, McCutchon, and Martinez were absent. 13. TABLED TO DECEMBER 16 2008 ********** * * * Mayor Garrett referred to Item 28 regarding a presentation by the Gulf Coast Indian Confederation regarding the proposed commission of a Native -American bronze statue for Hans and Pat Suter Wildlife Refuge. Ray McMurray, Director of the Native American Indian Project, provided a brief overview including a history of the Indian ground site; Texas Department of Transportation's (TXDOT) archeological testing of the site; location of the property; additional research at the site; and artist David McGary. Mr. McMurray stated that the monument would commemorate the history and archeological significance of the site. Pat Suter stated that the art would be a wonderful addition to the City. Larry "Running Turtle" Salazar, Gulf Coast Indian Confederation, spoke regarding the burial ground and the significance of the site and thanked Citgo for providing funding for the project. ************* Minutes — Regular Council Meeting December 9, 2008 — Page 10 Mayor Garrett referred to Item 20.a. regarding the Downtown Vision Plan. Director of Economic Development Irma Caballero provided a brief overview of the efforts to revitalize downtown and the need for a vision plan. Ms Caballero introduced Raymond Gignac with Gignac Associates. Mr. Gignac introduced Allan Ward with Sisaki Associates. Mr. Ward referred to a powerpoint presentation including the planning history; vision; strengths and weaknesses; case studies; the strategy for downtown; planning principles; existing conditions; downtown streets; historical buildings; opportunity for redevelopment; infill development; parks; street improvements; planting on the Bluff; urban uses; waterfront development; examples of improvements to Chaparral Street; successful street improvements and projects in various cities; the phasing plan; the development program; and the implementation of recommendations to phase the infrastructure, develop policy initiatives, and add economic development initiatives. The following topics pertaining to this item were discussed: whether the projects supported by the City are included in the vision plan; sidewalk widening; reduced parking; retail and residential development; ordinances and policy initiatives; the role of the Ritz Theatre; and the types of parking. Mayor Garrett referred to Item 20.b. regarding the consideration of downtown as a Tax Increment Financing District (TI F). Ms. Caballero announced that the public hearing on this item will be considered at the December 16`h meeting. Ms. Caballero introduced Steve Spillette who was available to respond to questions on the preliminary project plan, financing plan and the market feasibility study. Ms. Caballero also introduced members of the Downtown Redevelopment Committee. Ms. Caballero referred to a powerpoint presentation including initiatives and plans; vision; obstacles and challenges; objectives; results of the 2008 market analysis; TIF overview; downtown qualifications; the TIF process; boundaries and project area; anticipated zone role in growth; City projects; TIF financing plan and projects; TIF project costs; pay-as-you-go approach; sources of revenue; annual property tax revenue increments; and other sources of funding. The following topics pertaining to this item were discussed: whether the taxing entities appoint members to the board; the number of directors; TIF revenue projections; infrastructure improvements; consideration of short term notes; and the term of the zone. Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, spoke in support of the development of downtown. Mr. Alonzo asked questions regarding infrastructure improvements and accessibility. City Secretary Chapa polled the Council for their votes as follows: 20. FIRST READING ORDINANCE To consider designating a certain area within the jurisdiction of the City of Corpus Christi as a Tax Increment Financing (TIF) District to be known as "Reinvestment Zone Number Three, City of Corpus Christi," establishing a Board of Directors for the Reinvestment Zone, and other matters relating thereto. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye'; Kelly abstained. ********** * * * Mayor Garrett opened discussion on Item 23 regarding an amendment to the Smoking Prohibitions. Assistant City Attorney Elizabeth Hundley explained that the ordinance provided has incorporated the changes discussed during the presentation on November 18`h including the 40% limitation in the definition of cigar bars; including the language "used by the public in Sections C and D; and illustrating the location in Section H. Minutes — Regular Council Meeting December 9, 2008 — Page 11 Mayor Garrett called for comments from the audience. Dr. William Burgin spoke in favor of an ordinance that eliminates diseases caused by cigarette smoking. Jeff Minch, President of the Texas Association for the Advancement of Charitable Bingo, spoke regarding prohibiting smoking in bingo halls and the effect to charitable organizations and their causes. Mr. Minch urged the Council to follow the City of Austin's model. Carolyn Moon spoke regarding the economic impact of the smoking ordinance on small businesses. Gerald Beckman, 7622 Dijon Lake, stated that it is the Council's duty to prohibit deadly substances from being released into the environment and spoke in support of the ordinance. Mark Kemec stated that several bar businesses have air purifiers in their businesses. Mr. Kemec spoke regarding the effect of the ban on business. Dr. Mary Dale Patterson, President of Driscoll Children's Health Plan, spoke in support the smoking ordinance. Cassandra Robertson asked the Council to allow businesses to make their own decisions on whether to permit smoking in their establishments. Richard Bunkley, representative for the charitable organizations at Crosstown Bingo, spoke regarding the negative impact that the smoking ban will have on the charitable organizations at bingo halls. Mr. Buckley asked the Council to exempt bingo halls from the ordinance. Dr. Arnold Gonzales urged the Council to approve the ordinance to protect the citizens from second hand smoke. Rebecca Esparza told a story about her grandmother who died from lung cancer due to working in an establishment with second hand smoke. Abel Alonzo, 1701 Thames, said it is the Council's responsibility to ensure the health of the public. Mr. Alonzo asked the Council to support the ordinance. Ralph Jennings, Texas Bar and Tavern Coalition, spoke in opposition to the smoking ban. Mimi Kile, Smoke Free Corpus Christi, spoke in support of a comprehensive smoke free ordinance. Joe Alley, Smoke Free Corpus Christi, spoke regarding people's addition to tobacco and his right to enter a smoke free establishment. Mr. Alley encouraged the Council to pass the ordinance for the good of the community. Chris Large, Co -Director for Smoke Free Corpus Christi, urged the Council to vote in favor of the ordinance. Bob Algeo, 15629 Three Fathoms Bank Drive, said he is in support of a smoke free environment but does not support the ordinance. Clark James spoke in opposition to the smoking ordinance for the following reasons: that there is no proven harm from second hand smoke; bars and billiard halls are adult only establishments; the economic impact to business; and money already spent by bars and bingo halls to improve their establishments. Rick Hayley, Co -Director of Smoke Free Corpus Christi, spoke regarding the hazards of second hand smoke. Mr. Haley asked the Council to protect the health of the citizens of Corpus Christi. Jesse Molina asked the Council to do what is best for the community. John Kelley, 3621 Austin, spoke regarding whether the Council should prohibit the personal behavior of citizens. Joan Veith, 5701 Cain Drive, spoke in opposition to smoking. Ms. Veith expressed concern with the Council dictating to property owners what can be done in their establishments. Kay Aeby spoke regarding the impact of second hand smoke. The following topics pertaining to this item were discussed: the exclusion of private clubs; whether the City can dictate provisions to a private club; violating the ordinance when passing by an establishment's entrance; the City of Austin's ordinance regarding bingo halls; the segregation of smokers and non-smokers in bingo halls; the original smoking ban in restaurants; whether government should regulate businesses; how the issue was brought forward; whether cigar and tobacco shops are exempt; and including language for bingo halls exemptions. Mr. Hummell made a motion to add the language "except in passing" to the end of Section C. The motion was seconded by Mr. Marez. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Elizondo was absent. Mr. Hummel) Minutes — Regular Council Meeting December 9, 2008 — Page 12 Ms. Martinez made a motion to include the following language regarding bingo halls: This chapter does not apply to: A bingo facility operated under the Bingo Enabling Act, Chapter 201 of the Occupations Code, if: (a) an enclosed smoking area is provided; (b) the smoking area is mechanically ventilated to prevent smoke from entering a non-smoking area; (c) no one under the age of 18 is admitted to the smoking area; and (d) patrons of the non-smoking establishment, do not have to access or cross through the smoking area to utilize any ancillary services of the establishment which are available to any patron or employee of the establishment, such as public restrooms, cashier counters, concession stands, ancillary, etc. The motion was seconded by Mr. Hummell. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Hummell, Leal, McCutchon, and Martinez voting "Aye"; Elizondo and Kelly were absent. Mr. Hummell made a motion to amend the ordinance to exclude bars. The motion was seconded by Ms. Leal. The foregoing motion failed with the following vote: Hummell, and Leal, voting "Aye"; Garrett, Cooper, Kelly, McCutchon, Marez, and Martinez, voting "No"; Elizondo was absent. City Secretary Chapa polled the Council for their votes as follows: 23. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 23, Health and Sanitation, Section 23-76, Smoking Prohibitions, to repeal the existing provisions of the section and enact new provisions regarding smoking; providing for penalties. The foregoing ordinance was passed and approved on its first reading as amended with the following vote: Garrett, Cooper, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell voting "No"; Elizondo was absent. Mayor Garrett referred to Item 22, and a motion was made, seconded and passed to open the public hearing on the capital budget: 22. Public hearing approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $161,285,700 The following topics pertaining to this item were discussed: the reason the third pump station for downtown was eliminated; continuation of the design phase of the pump station; passage of the ordinance; accelerating the Turtle Cove Storm Water project; Packery Channel improvements; and beginning Bayfront Development Phase 3 immediately after completion of Phase 1. Mayor Garrett called for comments from the audience. Ted Stephens, 513 Dolphin, stated that the third pump station is important for the revitalization of downtown. Minutes — Regular Council Meeting December 9, 2008 — Page 13 Mr. Martinez made a motion to close the public hearing, seconded by Mr. Marez, and passed. Mr. Chapa polled the Council for their votes as follows: 22. FIRST READING ORDINANCE Approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $161,285,700. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Cooper, Elizondo, and Leal were absent. ************* Mayor Garrett opened discussion on Item 25 regarding a non-exclusive franchise with AEP Texas Central Company. Director of Intergovernmental Relations Rudy Garza provided a brief overview of the agreement and addressed the issues of ADA compliance and the relocation of poles. The following topics pertaining to this item were discussed: how the costs for the relocation of poles will be handled and regulatory oversite. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 25. FIRST READING ORDINANCE Granting to AEP Texas Central Company, Its Successors and Assigns, a non-exclusive franchise to construct, maintain and operate lines and appurtenances and appliances for conducting electricity in, over, under and through the streets, avenues, alleys and public rights-of-way of the City of Corpus Christi, Texas. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Cooper, Elizondo, and Leal were absent. Mayor Garrett opened discussion on Item 24 regarding Bayshore Technology Holdings, LLC. Emily Martinez, Economic Development, provided a brief overview of the terms of the contract. Bert Quintanilla, Bayshore Technologies, thanked the Council for their consideration of this item. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 24. RESOLUTION NO. 027972 Resolution approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and Bayshore Technology Holdings, LLC, which authorizes grants up to $1,711,000 for the creation of full time jobs in Corpus Christi related to the development and marketing of thermal and non -thermal plasma medical and sterilization devices and gas to liquid and coal to gas technologies; authorizing the City Manager, or designee, to execute a Business Incentive Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Bayshore Technology Holdings, LLC, Business Incentive Agreement. Minutes — Regular Council Meeting December 9, 2008 — Page 14 The foregoing resolution was passed and approved with the following vote: Garrett, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Cooper, Elizondo, and Leal were absent. ************* Mayor Garrett referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following street closure:' 21.a. Public hearing to consider abandoning and vacating a 52,488.43 -square foot portion of the Carmel Parkway public right-of-way, located between the South Staples Street and Gollihar Road street rights-of-way; subject to compliance with the specified conditions. 21.b. Public hearing to consider abandoning and vacating a 5,040.17 -square foot portion of dedicated public right-of-way, located just west of the South Staples Street public right-of- way, and north of the Carmel Parkway public right-of-way; subject to compliance with the specified conditions. Deputy Director of Development Services Johnny Perales explained that this item was for the closure of Carmel Parkway from Gollihar Road to Staples Street. Mr. Perales stated that this closure was requested as part of the redevelopment of Parkdale Plaza John Bell, representative for Parkdale Plaza, said the new owner of the facility is requesting to buy the land to redevelop the street and insure good access. Mr. Martinez made a motion to close the public hearing, seconded by Mr. Marez, and passed. Mr. Chapa polled the Council for their votes as follows: 21.a. FIRST READING ORDINANCE To consider abandoning and vacating a 52,488.43 -square foot portion of the Carmel Parkway public right-of-way, located between the South Staples Street and Gollihar Road street rights-of-way; subject to compliance with the specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Cooper, Elizondo, and Leal were absent. 21.b. FIRST READING ORDINANCE To consider abandoning and vacating a 5,040.17 -square foot portion of dedicated public right-of-way, located just west of the South Staples Street public right-of-way, and north of the Carmel Parkway public right-of-way; subject to compliance with the specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Cooper, Elizondo, and Leal were absent. Minutes — Regular Council Meeting December 9, 2008 — Page 15 Mayor Garrett opened discussion on Item 26 regarding an amendment to the Animal Care and Control Ordinance. Assistant City Manager Margie Rose explained that this item was requested by a citizen, Natalie Olson, after she was bitten by a dog. Ms. Rose stated that Ms. Olson provided suggestions to staff and that staff has reviewed the changes and determined that the ordinance should be amended. Animal Care Services Program Manager Kelli Copeland, provided an overview of the amendments including allowing the City to deny a registration or permit to any individual that has been convicted of two (2) or more failure to restrain violations in the presiding 24 months and their animal has been involved in a biting incident and changes to administrative proceedings. Natalie Olson spoke regarding the injuries she and her dog sustained during a dog attack and the different attacks made by the same dogs to other individuals. City Secretary Chapa polled the Council for their votes as follows: 26. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 6, Animal Care and Control, Section 6-13, to establish a new provision regarding denial of registration; amending Section 6-14 to establish a new provision regarding a reapplication period; amending Section 6-76, revising provisions related to administrative hearings; providing for an effective date; providing for penalties. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Cooper, Elizondo, and Leal were absent. Mayor Garrett referred to Item 27 regarding an update on the Northside Redevelopment Study Area Phase II — Summary of the Planning Phase and Redevelopment Concepts. Jim Hill, Civic Design Associates, provided a summary of the study including the completion of Phase ll; Phase III; previous planning efforts; the vision; residential and mixed use development; neighborhood meetings; and the Harbor Bridge reconstruction. The following topics pertaining to this item were discussed: the Harbor Bridge reconstruction; Phase III; and City investment for the area. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 7:05 p.m. on December 9, 2008.