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HomeMy WebLinkAboutMinutes City Council - 12/16/2008I 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 16, 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 16, 2008 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Michael McCutchon Council Members: Melody Cooper* Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla Leal John Marez** Nelda Martinez *Arrived at 10:20 a.m. **Arrived at 10:10 a.m. City Staff: City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Council Member Nelda Martinez and the Pledge of Allegiance to the United States flag was led by Council Member Priscilla Leal. 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 referred to Item 42 regarding the 20th Annual "Feast of Sharing". Assistant to the Mayor Linda Lewis and representatives of the "Feast of Sharing" Committee provided an overview of the activities for the "Feast of Sharing" event which will be held at the American Bank Center on Wednesday, December 24th from 11:00 a.m. to 3:00 p.m. ************* Mayor Garrett announced that the smoking ordinance would be considered at 3:30 p.m. Mayor Garrett also announced that the Council would go into executive session at 11:00 a.m. Mayor Garrett called for consideration of the consent agenda (Items 1 -29). City Secretary Chapa announced that Items 15 and 25 have been removed for individual consideration by staff for amendment and Items 10 and 17 have been removed from consent for executive session. Mr. Abel Alonzo requested that Item 19 be pulled for individual consideration. Mr. Bill Kopecky requested that Item 27 be pulled for individual consideration. Ms. Natalie Olson requested that Item 29 be pulled for individual consideration. Council members requested that Items 3, 9, 16, 20, 23, and 24 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 1. MOTION NO. 2008-326 Motion approving the lease -purchase of one (1) Caterpillar 120M Motor Grader, one (1) Caterpillar CB -534D Vibratory Asphalt Compactor, and two (2) Caterpillar PS -150C Pneumatic Compactor from Holt -Cat, of Irving, Texas for a total amount of $472,927 of which $35,267.16 is budgeted in FY 2008-2009. The award is based on the cooperative Minutes — Regular Council Meeting December 16, 2008 — Page 2 purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The equipment will be used by the Street Department. All units are replacements to the fleet. Financing will be provided through the City's lease -purchase program. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 2. MOTION NO. 2008-327 Motion approving the lease/purchase of one (1) Sterling truck tractor from Grande Truck Center, of San Antonio, Texas for a total amount of $84,504. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The unit is a replacement to the fleet and will be used by Street Services. Financing for the truck tractor will be provided through the City's lease/purchase financing program. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 4. RESOLUTION NO. 027974 Resolution authorizing the submission of a grant application in the amount of $89,291.82 to the State of Texas, Criminal Justice Division for Year 10 funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit with a City match of $19,578 and $4,000 in-kind services and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 5. RESOLUTION NO. 027975 Resolution authorizing the submission of a grant application in the amount of$100,964.38 to the State of Texas, Criminal Justice Division for Year 10 funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit with a City match of $42,088.74, an in-kind match of $16,800, for a total project cost of $159,853.12 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 6.a. RESOLUTION NO. 027976 Resolution authorizing the City Manager or his designee to execute a sub -recipient agreement in the amount of $1,500,730 with the Office of the Governor's Division of Emergency Management Homeland Security Grant Program; and authorizing the City Manager or his designee, to accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Minutes — Regular Council Meeting December 16, 2008 — Page 3 6.b. MOTION NO. 2008-328 Motion authorizing the City Manager or his designee to accept a grant in the amount of $1,500,730 from the Office of the Governor's Division of Emergency Management Homeland Security Grant Program for the purchase of specialized equipment and training. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 6.c. ORDINANCE NO. 027977 Ordinance appropriating $1,500,730 from the Office of the Governor's Division of Emergency Management Homeland Security Grant Program in the No. 1062 Fire Grants Fund for the purchase of specialized equipment and training. 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. RESOLUTION NO. 027978 Resolution ratifying acceptance of a $738,215 grant awarded by the Area Agency on Aging of the Coastal Bend for the FY 2008 Senior Community Services, Elderly Nutrition Program. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 7.b. ORDINANCE NO. 027979 Ordinance ratifying appropriation of a $738,215 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation Grants Fund for the FY 2008 Senior Community Services, Elderly Nutrition Program. 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.c. RESOLUTION NO. 027980 Resolution ratifying acceptance of a $257,311 grant awarded by the Texas Department of Aging and Disability Services for the FY 2008 Senior Community Services, Title XX Meals on Wheels Program. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 7.d. ORDINANCE NO. 027981 Ordinance ratifying appropriation of a $257,311 grant from the Texas Department of Aging and Disability Services in the No. 1067 Parks and Recreation Grants Fund for the FY 2008 Senior Community Services, Title XX Meals on Wheels Program. Minutes — Regular Council Meeting December 16, 2008 — Page 4 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". 8.a. RESOLUTION NO. 027982 Resolution authorizing the City Manager or his designee, to execute an Interlocal Agreement with the Calallen Independent School District (ISD) for the City of Corpus Christi to operate a Latchkey program at Calallen ISD from January 1, 2009 through July 31, 2015. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 8.b. ORDINANCE NO. 027983 Ordinance appropriating $146,623 in the General Fund No. 1020 from the estimated revenues from Latchkey afterschool and summer registrations; changing FY 2008-2009 Operating Budget adopted by Ordinance No. 027776 to increase estimated revenues and appropriations by $146,623 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". 11. ORDINANCE NO. 027985 Ordinance appropriating $121,274.93 from the unappropriated fund balance designated for Municipal Court facility security including two Deputy City Marshals, walk-thru detector services, temporary security services; changing FY 2008-09 Operating Budget adopted by Ordinance 027776 to increase appropriations by $121,274.93. 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". 12. ORDINANCE NO. 027986 Ordinance appropriating $258,685.69 from the Municipal Court Technology Fund for Mentalix Live Scan equipment, cameras and other defined equipment for enforcement; changing FY 2008-09 Operating Budget adopted by Ordinance 027776 to increase appropriations by $258,685.69. 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". 13. ORDINANCE NO. 027987 Ordinance appropriating $26,685.84 from the Municipal Court Judicial Improvement Fund for temporary staff, overtime for the Warrant Round Up and expenses related to extended hours and mailouts; changing FY 2008-09 Operating Budget adopted by Ordinance 027776 to increase appropriations by $26,685.84. Minutes — Regular Council Meeting December 16, 2008 — Page 5 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". 14. RESOLUTION NO. 027988 Resolution expressing support for the Big City Mayors' Legislative Initiative dealing with Homelessness. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 18. RESOLUTION NO. 027990 Resolution adopting the Corpus Christi Commercial Revitalization Local Strategic Plan. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 21. MOTION NO. 2008-334 Motion authorizing the City Manager or his designee to execute a Job Order Contract with Alpha Building Corporation of Corpus Christi, Texas in the amount of $72,825.62 for Solomon Coles Gymnasium Window Replacement on the North and South Sides. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 22. MOTION NO. 2008-335 Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 in the amount of $100,000 with HDR Engineering, Inc. for on-call services related to utility financial planning, utility rate determination, wholesale customer mediation expert testimony and other utility matters dealing with utility planning, finance, and growth management. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 26. FIRST READING ORDINANCE Revising Section 14-222 (b)(3) Required Inspections, Code of Ordinances, City of Corpus Christi, to change the time periods required for electrical re -out inspections; providing for publication; providing for penalties; and providing an effective date. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 28. ORDINANCE NO. 027994 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 Minutes — Regular Council Meeting December 16, 2008 — Page 6 adopted by Ordinance No. 027776 to increase proposed expenditures and anticipated revenues by $150,000 each. (First Reading 12/09/08) 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 3 regarding an agreement with Harris County. Council Member Martinez asked questions regarding the reason the City is participating in an interlocal agreement with Harris County. Assistant Director of Financial Services Michael Barrera stated that the agreement would allow for a more competitive bidding process. City Secretary Chapa polled the Council for their votes as follows: 3. RESOLUTION NO. 027973 Resolution authorizing the City Manager or his designee to participate in an Interlocal Agreement with Harris County, Texas allowing the City of Corpus Christi, Texas to secure goods and services competitively procured by Harris County, Texas, when in the best interest of the City. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent. Mayor Garrett opened discussion on Item 9 regarding contracts for arts and cultural organizations. Council Member Kelly asked whether the City could provide in-kind services to the Corpus Christi Concert Ballet for the fees at the park. Director of Parks and Recreation Sally Gavlik said staff would look into the park fees. City Secretary Chapa polled the Council for their votes as follows: 9. MOTION NO. 2008-329 Motion approving the allocation of $32,770.70 from the Hotel Occupancy Tax Fund and $61,633.30 from the General Fund to fund grant contracts with sixteen (16) arts and cultural organizations for a total of twenty-two (22) arts projects. Funding was authorized in the FY 2008-2009 budget. The foregoing motion 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 16 regarding the City of Corpus Christi's Investment Policy. Interim Director of Financial Services Constance Sanchez and City Treasurer David Hedberg was present to respond to questions. The following topics pertaining to this item were discussed: the number of failed transactions; how the City has addressed securities; the Local Government Investment Pool; the Texas Term Investment Pool; authorized institutions; whether there have been any deletion of institutions; when the last audit occurred; the last change to the investment policy; whether the Investment Analyst is a City employee; update on the City's portfolio; impact on the operating revenue; and whether the investments are handled by the Comptroller and Cash Management Department. City Secretary Chapa polled the Council for their votes as follows: 16. RESOLUTION NO. 027989 Resolution reaffirming the City of Corpus Christi's investment policy. Minutes — Regular Council Meeting December 16, 2008 — Page 7 The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 19 regarding the Greenwood Drive Improvements from Gollihar to South Padre Island Drive (SPID). Abel Alonzo, 1701 Thames, thanked City Manager Escobar and staff for working to improve streets to become ADA compliant. Council Member McCutchon asked whether the change order included an engineering fee. Interim Director of Engineering Kevin Stowers said there was not an engineering fee with this item. Council Member McCutchon requested a construction cost comparison between this item and the previous curb and gutter item Council approved. City Secretary Chapa polled the Council for their votes as follows: 19. MOTION NO. 2008-332 Motion authorizing the City Manager or his designee to execute Change Order No. 5 to the construction contract with Salinas Construction Technologies of Pleasanton, Texas in the amount of $186,166.42 for a total restated fee of $4,068,151.90 for the Greenwood Drive Improvements, Phase 1, from Gollihar to SPID for additional improvements to existing sidewalks, ADA ramps, driveways, and curb and gutter. The foregoing motion 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 20 regarding the Whataburger Way Drainage Improvements. The following topics pertaining to this item were discussed: the response to address the drainage issues; the maximum amount for administrative approval; the project costs; the percentage of engineering costs; how engineers are paid; problems with the drainage; whether the work was bid; selection of engineers; the Engineering Practices Act; and whether there is a system to approve engineers by categories or rotation. Dr. McCutchon requested a copy of the itemization of costs for this project and a list of the engineering contracts by administrative action in the last year. City Secretary Chapa polled the Council for their votes as follows: 20. MOTION NO. 2008-333 Motion authorizing the City Manager or his designee to execute Change Order No. 6 to a construction contract with SLC Construction, LP, of Conroe, Texas in the amount of $139,909.04 for the Whataburger Way drainage improvements project. The foregoing motion 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 15 regarding a subrecipient agreement with the Corpus Christi Community Improvement Corporation. City Secretary Chapa explained that this item was pulled to amend the address to 402 N. Port. Ms. Martinez made a motion to amend the address to 402 N. Port. The motion was seconded by Dr. McCutchon. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Council Member Leal spoke regarding the state's approval of tax credits for this project. City Secretary Chapa polled the Council for their votes as follows:" 15. MOTION NO. 2008-330 Motion authorizing the City Manager or his designee to execute a subrecipient agreement with the Corpus Christi Community Improvement Corporation (CCCIC) to fund The Apartments of the Village for $400,000 of HOME Program grant funds to be provided from Minutes — Regular Council Meeting December 16, 2008 — Page 8 FY2007 and FY2008 for acquisition and development costs related to an affordable housing development to be located at 402 N. Port. The foregoing motion was passed and approved as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 23 regarding pipeline adjustments at the Corpus Christi International Airport. Council Member McCutchon asked questions regarding the expense for moving two pipelines by one company and whether the pipelines are different than the pipelines previously approved by Council. Interim Director of Engineering Kevin Stowers explained that this pipeline is more expensive because NuStar has a 20% contingency in their contract. Mr. Stowers said the contractor set a much higher not to exceed agreement that may change once the relocation is finished. Mr. Stowers stated that the pipelines sizes are different from the previous relocations. City Secretary Chapa polled the Council for their votes as follows: 23. MOTION NO. 2008-336 Motion authorizing the City Manager or his designee to execute an agreement for adjustment of a six-inch (6") pipeline and a ten -inch (10") pipeline in an amount not to exceed $370,645 with NuStar Logistics, L.P., of San Antonio, Texas for the Corpus Christi International Airport Drainage Phase VI Project. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Kelly were absent. Mayor Garrett opened discussion on Item 24 regarding a temporary construction easement at the Cefe Valenzuela Landfill. Council Member Hummel) asked questions regarding the explanation of the pipeline construction; the City's compensation; whether the company is paying for the construction of the easement; and the age of the existing easement. Interim Director of Engineering Kevin Stowers explained that Onyx Pipeline is requesting an easement across the landfill. Mr. Stowers said that Onyx is paying the City $272 for the easement. Mr. Stowers stated that the existing easement has been there since 1956. City Secretary Chapa polled the Council for their votes as follows: 24. ORDINANCE NO. 027991 Ordinance granting a temporary construction easement to Onyx Pipeline Company for a seventy-foot (70') wide strip of land located across the northern end of the Cefe Valenzuela Landfill; authorizing the City Manager or his designee to execute the temporary construction easement and other related documents for the conveyance of the easement. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Kelly were absent. Mayor Garrett opened discussion on Item 27 regarding the abandoning and vacating of a portion of Carmel Parkway. Bill Kopecky, 3609 Topeka, spoke regarding a cost sharing agreement for changes to the traffic signal. Deputy Director of Development Services Johnny Perales explained that a traffic impact study is required as part of the street closure. Mr. Perales added that staff has recommended leaving the existing signal alone. Mr. Kopecky said the City should maintain the right- of-way. John Bell, representative for the property owner, stated that there are not any loop detectors Minutes — Regular Council Meeting December 16, 2008 — Page 9 in the pavement. Mr. Bell added that there is a public access easement maintained by the City for this area. Mr. Bell explained that the request for the closure is to upgrade the sidewalk. City Secretary Chapa polled the Council for their votes as follows: 27.a. ORDINANCE NO. 027992 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. (First Reading 12/09/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 27.b. ORDINANCE NO. 027993 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. (First Reading 12/09/08) The foregoing ordinance was passed and approved on its second 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 29 regarding an amendment to the Code of Ordinances. Natalie Olson thanked Assistant City Manager Margie Rose, Animal tare Services Program Manager Kelli Copeland, Assistant City Attorney Elizabeth Hundley, and staff for their assistance with this ordinance. Ms. Olson asked the Council to vote in support of the ordinance. City Secretary Chapa polled the Council for their votes as follows: 29. ORDINANCE NO. 027995 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. (First Reading 12/09/08) 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 25 regarding an agreement with the Texas Commission on Environmental Quality. City Secretary Chapa explained that the date on the compliance agreement in Section II, 1. needed to be changed from December 31, 2008 to January 31, 2009. Mr. Marez made a motion to change the date. The motion was seconded by Ms. Leal. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting December 16, 2008 — Page 10 25. MOTION NO. 2008-337 Motion authorizing the City Manager or his designee to execute a compliance agreement with the Texas Commission on Environmental Quality to address closure procedures for the J. C. Elliott Landfill. The foregoing motion was passed and approved as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". ************* Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: 47. 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. 48. 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. 17. Executive session under Section 551.087 of the Texas Government Code to discuss or deliberate regarding commercial or financial information that the City Council has received from, or to deliberate the offer of a financial or other incentive to, a business prospect that the City Council seeks to have locate, stay, or expand in or near the City and with which the City Council is conducting economic development negotiations, with possible discussion and action in open session. 10. Executive session pursuant to Texas Government Code Section 551.087: Deliberations Regarding Economic Development Negotiations, with possible discussion and action related thereto in open session The Council went into executive session. The Council returned from executive session and the following motions were passed with the following vote: 10. ORDINANCE NO. 027984 Ordinance authorizing the City Manager or his designee to execute an extension of the lease with Landry's Seafood and Steakhouse — CC, Inc. until March 31, 2009, to operate a restaurant on Peoples Street T -Head in consideration of payment of $6,000 per month or 2.75% of monthly gross sales, whichever is greater. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Elizondo was absent. 17. MOTION NO. 2008-331 Motion authorizing the City Manager to amend the Contracts for Services in Lieu of Annexation between the City and Sam Kane; Sam Kane Beef Processors, Inc.; Mary Hutchins Triestman Limited Partnership and Sam Kane Beef Processors, Inc.; and Abhud, Minutes — Regular Council Meeting December 16, 2008 — Page 11 LLC and Sam Kane Beef Processors, Inc., which were authorized by the City Council on November 18, 2008, in relation to the disannexation of the property, by extending the terms of the contracts from five (5) to fifteen (15) years and clarifying terms for reannexing the properties and application of City ordinances to the properties. (Tabled from 12/09/08) The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". ************* Mayor Garrett called for comments from the audience. Dr. Wes Stafford spoke in support of the smoking ordinance and asked the City Council to defer on any decisions regarding Las Brisas until the Texas Commission on Environmental Quality's (TCEQ) decision on the licensing of the plant. Wilson Wakefield, 6026 Killarment, spoke regarding the emissions from the Las Brisas plant. Diana Stillman, 7709 Valley View, asked the Council to rescind their support or do nothing to further support the Las Brisas plant. Rudy Medina, 5413 Cain, spoke regarding code enforcement issues at a commercial property located near his house. Mikell Smith, 1005 Meadowbrook, asked the Council not to take any action relating to the Las Brisas plant. Peggy Duran, 4022 Congressional, requested that the Council place an item on their agenda supporting a moratorium on the death penalty. Maximo Vera, 3721 Waterloo Drive, spoke regarding a citation received by his son for parking in front of his home during construction of the street. Henry Williams, 2422 Summers Street, commended the Mayor and Council for their position on the Planned Parenthood grant. Oscar Vera, 4810 Blunder, spoke regarding his parking violation and requested that all parking violations in the 78415 area be dismissed due to the construction in the neighborhood. Neil McQueen, spoke regarding the permitting of the Las Brisas plant. Abel Alonzo, 1701 Thames, acknowledge individuals that did an act of kindness to help a person in need. Dr. Gloria Scott spoke regarding information received on an open records request. Mayor Garrett made a presentation to individuals for their clean up efforts in the downtown area. Mayor Garrett referred to Item 30, and a motion was made, seconded and passed to open the public hearing on the following downtown tax increment financing district (TIF): 30. Public hearing 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, Texas", establishing a Board of Directors for the Reinvestment Zone, and other matters relating thereto. City Secretary Chapa announced that Council Member Kelly would abstain from the discussion and vote on Item 30. Director of Economic Development Irma Caballero referred to a powerpoint presentation including the vision, obstacles and challenges; downtown objectives; market; qualifications for TIF; boundaries and project area; downtown projects; financing plan; focus area; project costs; pay as you go approach; the sources of revenue; and the view of the future. No one appeared in opposition to the TIF. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting December 16, 2008 — Page 12 30. ORDINANCE NO. 027996 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, Texas", establishing a Board of Directors for the Reinvestment Zone, and other matters relating thereto. (First Reading 12/09/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly abstained. Mayor Garrett referred to Item 31, and a motion was made, seconded and passed to open the public hearing on the following street closure: 31. Public hearing and First Reading Ordinance to consider abandoning and vacating a 1,945 - square foot portion of the Lakeside Drive and Mounts Drive (undeveloped and unsurfaced) public street rights-of-way, located at the intersection of the Lakeside Drive and Mounts Drive public street right-of-way; subject to compliance with the specified conditions. Mayor Garrett announced that Item 31 has been requested for postponement. Mr. Marez made a motion to postpone the public hearing until January 13, 2009. The motion was seconded by Mr. Elizondo. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly was absent. Mayor Garrett referred to Item 32.a -e, and a motion was made, seconded and passed to open the public hearing on the following street closure: 32.a. Public hearing to consider abandoning and vacating the Avenue "F" public street right-of- way (1.248 acres) from the East Navigation Boulevard public right-of-way to the Breakwater Street public right-of-way, subject to compliance with specified conditions. 32.b. Public hearing to consider abandoning and vacating a portion of the Texaco Road street right-of-way (0.384 acres), from the East Navigation Boulevard public street right-of-way, north approximately 278 feet to the city limit line, subject to compliance with specified conditions. 32.c. Public hearing to consider abandoning and vacating a portion of the Sigmor Road public street right-of-way (0.388 acres), from East Navigation Boulevard, north approximately 281 feet to the city limit line, subject to compliance with specified conditions. 32.d. Public hearing to consider abandoning and vacating a portion of the East Navigation Boulevard public street right-of-way (9.367 acres), from the Avenue"F" public street right-of- way, west approximately 5,857 feet to the city limit line, subject to compliance with specified conditions. Deputy Director of Development Services Johnny Perales provided a map of the proposed public rights-of-way closure requested by the Port of Corpus Christi Authority. Mr. Perales provided a brief overview of the project background and the acquisition of some property from the Port in association with City projects. Pat Veteto and Greg Rubeck, representatives for the Port of Corpus Christi, were available to respond to questions. Minutes — Regular Council Meeting December 16, 2008 — Page 13 The following topics pertaining to this item were discussed: the City and County limits; the entrance to the refrigerated warehouse; the location of the Las Brisas plant and Joe Fulton Corridor; the reason for the closure; the location of the current secured area at the Port; safety and security issue; public access through the Joe Fulton Corridor; how the Port currently deals with traffic for moving cargo on Navigation; whether a traffic study or analysis has been done; emergency personnel access; providing security south of Navigation and Avenue F; oil and cargo dock gates; the elimination of manned gates; security closer to the water; private ownership at the Port; issuance of security cards; the Homeland Security Grant obtained by the Port; who currently mans the gates; docks located in the industrial district; and the area within the City limits controlled by the Port. No one appeared in opposition to the street closure. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Kelly, and passed. Mr. Chapa polled the Council for their votes as follows: 32.a. FIRST READING ORDINANCE To consider abandoning and vacating the Avenue "F' public street right-of-way (1.248 acres) from the East Navigation Boulevard public right-of-way to the Breakwater Street public right- of-way, subject to compliance with specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell voting "No". 32.b. FIRST READING ORDINANCE To consider abandoning and vacating a portion of the Texaco Road street right-of-way (0.384 acres), from the East Navigation Boulevard public street right-of-way, north approximately 278 feet to the city limit line, subject to compliance with specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye'; Hummell voting "No". 32.c. FIRST READING ORDINANCE To consider abandoning and vacating a portion of the Sigmor Road public street right-of-way (0.388 acres), from East Navigation Boulevard, north approximately 281 feet to the city limit line, subject to compliance with specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell voting "No". 32.d. FIRST READING ORDINANCE To consider abandoning and vacating a portion of the East Navigation Boulevard public street right-of-way (9.367 acres), from the Avenue "F" public street right-of-way, west approximately 5,857 feet to the city limit line, subject to compliance with specified conditions. Minutes — Regular Council Meeting December 16, 2008 — Page 14 The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye'; Hummell voting "No". 32.e. RESOLUTION NO. 027997 Resolution authorizing the City Manager or his designee to execute a Right -of -Way Agreement with the Port of Corpus Christi Authority for the purpose of exchanging real estate rights needed by each party. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell voting "No". Mayor Garrett referred to Item 43 regarding a report on the Calalien Independent School District (CISD). Director of Education Initiatives JoAnn Hooks explained that the presentation is the third in a series of presentation from the area's school districts to provide an overview of the district's education landscape in the community. Superintendent of CISD Dr. Arturo Almendarez introduced Assistant Superintendent Dr. Anita Danahar; Board Member Tammy McDonald; Executive Assistant Annie Swetish; and Executive Director of the Craft Training Center Dr. Ann Matula. Dr. Almendarez referred to a powerpoint presentation including academic recognitions; Title I distinction; elementary campuses; 3rd grade TAKS statistics; middle school recognitions, "Club Friday" activities, mandatory tutorial and enrichment classes, and high school credit courses offered; high school recognitions; AP scholar awards; National Merit Scholar awards; advanced placement program; athletics; academic challenges; CHS Robotics Team; Coastal Bend Blood competition; new courses added; career pathways; and bond projects. The following topics pertaining to this item were discussed: the Academy of Industrial and Agricultural Sciences programs and the Title I qualifications. Mayor Garrett referred to Item 44 regarding the quarterly report from the Corpus Christi Economic Development Corporation (EDC). Roland C. Mower, President and CEO, referred to a powerpoint presentation including the 2008 activity summary for existing industry and business attraction; activity update; significant organizational changes; programmatic changes; the Think Big Campaign vision, goals, anticipated result, and strategy; and campaign summary. Mr. Mower showed a video on the businesses and resources in the region. The following topics pertaining to this item were discussed: the steps taken due to the nationwide economic downturn; the number of jobs lost due to the economy; the focus on diversity and inclusiveness; NuCoastal Energy; and workforce incentives. Mayor Garrett referred to Item 33 regarding the Sanitary Sewer Trunk System Trust Fund. Deputy Director of Development Services Johnny Perales explained that this item was a result of a directive by Council to develop an ordinance to repeal a previous ordinance which authorized a $3.5 million loan from the Wastewater CIP fund to the Sanitary Sewer Trunk System Trust Fund. In response to Council Member Hummell, Mr. Perales explained that the loan was authorized but the money was never appropriated or transferred and remained in the Unreserved Fund Balance. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting December 16, 2008 — Page 15 33. ORDINANCE NO. 027998 Ordinance repealing Ordinance 0266215, adopted on April 12, 2005, which loaned, approved the transfer as needed, and appropriated a total not to exceed $3,500,000 from the Unreserved Fund Balance in the No. 3430 Wastewater CIP Fund to the Sanitary Sewer Trunk System Trust Fund, to be repaid to the No. 3430 Wastewater CIP Fund at an interest rate equal to the AAA Rated 5 -Year Municipal Bond Rate on the date of the loan, to fund the shortfall resulting from pending applications to the Sanitary Sewer Trunk System Trust Fund; and amended the 2004/2005 CIP Budget adopted by Ordinance #026188 to increase appropriations into the No. 3430 Wastewater CIP Fund by $3,500,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. Mayor Garrett opened discussion on Item 34 regarding the Sanitary Sewer Trunk System Trust Fund. Deputy Director of Development Services Johnny Perales explained that staff received a directive from the Council for the transfer of funds from the Wastewater CIP Fund to the Sanitary Sewer Trunk System Trust Fund. Mr. Perales stated that this item focused on the Rose Acres and London School water improvement projects. The following topics pertaining to this item were discussed: the directive from the Council workshop on how to fund the wastewater treatment plan expansion, including impact fees and other alternatives, the effect on rate payers, and the impact of the various approaches; the status of the water line past London; looping of the water line; TCEQ's decision regarding the flushing of the London water line; the Council directive that the line not be built if flushing had to be done; the cost associated with the water line extension to London school and the size of the line; the reason for the original $3.5 million loan to the trunk fund; the necessity of this transfer; developer contributions; whether there is a system in place to review the fees and viability of the trust funds; the amendments to the platting ordinance; the directive for a more detailed plan to incorporate a development component within future capital improvement programs as part of a city directed growth and/or redevelopment incentive plan; Texas Municipal League language regarding expanding infrastructure; and impact fees. Dr. McCutchon requested that staff provide a status report on the water line extension for London Club Estates. City Secretary Chapa polled the Council for their votes as follows: 34. ORDINANCE NO. 027999 Ordinance appropriating and approving the transfer of $1,300,000 from the Unreserved Fund Balance in the No. 3430 Wastewater CIP Fund to the No. 4220 Sanitary Sewer Trunk System Trust Fund for developer reimbursements. 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 35.a -c., and a motion was made, seconded and passed to open the public hearing on the following trust fund: Minutes — Regular Council Meeting December 16, 2008 — Page 16 35.a. Public hearing to consider appropriating and approving the transfer of $700,000 from the unreserved fund balance in the No. 4030 Water Arterial Transmission and Grid Main Fund to the No. 4220 Sanitary Sewer Trunk System Trust Fund for developer reimbursements. 35.b. Public hearing to consider appropriating and approving the transfer of $600,000 from the unreserved fund balance in the No. 4030 Water Distribution Main Fund to the No. 4220 Sanitary Sewer Trunk System Trust Fund for developer reimbursements. 35.c. Public hearing to consider appropriating and approving the transfer of $350,000 from the unreserved fund balance in the No. 4220 Sanitary Sewer Collection Line Fund to the No. 4220 Sanitary Sewer Trunk System Trust Fund for developer reimbursements. Deputy Director of Development Services Johnny Perales stated that this item is staffs recommendations as a result of conducting the annual audit. Mr. Perales stated that this item is to re -distribute moneys between the funds to meet the needs of development for the remainder of fiscal year. No one appeared in opposition to the trust fund. Mr. Marez made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 35.a. ORDINANCE NO. 028000 Ordinance appropriating and approving the transfer of $700,000 from the unreserved fund balance in the No. 4030 Water Arterial Transmission and Grid Main Fund to the No. 4220 Sanitary Sewer Trunk System Trust Fund for developer reimbursements. 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". 35.b. ORDINANCE NO. 028001 Ordinance appropriating and approving the transfer of $600,000 from the unreserved fund balance in the No. 4030 Water Distribution Main Fund to the No. 4220 Sanitary Sewer Trunk System Trust Fund for developer reimbursements. 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". 35.c. ORDINANCE NO. 028002 Ordinance appropriating and approving the transfer of $350,000 from the unreserved fund balance in the No. 4220 Sanitary Sewer Collection Line Fund to the No. 4220 Sanitary Sewer Trunk System Trust Fund for developer reimbursements. 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". Minutes — Regular Council Meeting December 16, 2008 — Page 17 Mayor Garrett referred to Item 36 regarding the public hearing on the platting ordinance amendments. Deputy Director of Development Services Johnny Perales explained that this item is being postponed by staff. V.B.6.b)(1), (2) and (10), V.B.6.e)(1) and used to cal density factors harge fees, and amending the Comprehensive Plan; providing for -rep I of conflicting ordinances; providing for penalties; and providing for publication. •------ - -- - Corpus Christi, regarding the addition of a density factor to lot and acreage fees for Water and Wastewater infrastructure; providing for publication. * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 37 regarding the debt management policy. Interim Director of Financial Services Constance Sanchez introduced Mark Seal, Financial Advisor with M.E. Allison. Mr. Seal referred to a powerpoint presentation on the issuance of municipal bonds including an explanation of municipal bonds; market for municipal bonds; flow of funds; sale of municipal bonds; types of bonds and securities; tax notes; city's outstanding general obligation debt; tax increment financing zones; revenue bonds; sales tax revenue bonds; airport revenue bonds; contract revenue bonds; city's outstanding revenue bonds; commercial paper program; types of sales; private placements; and the timeline for the issuance of debt. The following topics pertaining to this item were discussed: the certificates of obligation bond projects; potential investors for negotiated sales; attributes of an underwriter that are important and the effect of the bond rates; who makes the decision on the underwriters; if Packery Channel was a private placement; and whether there is a rotating system for financial institutions. Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, asked why the City does not use certificates of obligation for ADA compliance. City Secretary Chapa polled the Council for their votes as follows: 37.b. RESOLUTION NO. 028003 Resolution approving a Debt Management Policy for the City of Corpus Christi. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Elizondo was absent. Mayor Garrett opened discussion on Item 41 regarding the Smoking Ordinance. Assistant City Attorney Elizabeth Hundley explained that this item was the second reading of the amendment to the proposed smoking ordinance. Ms. Hundley provided a brief overview of the changes incorporated in the document to Subpart (C), the new Subpart (H), and the renumbering of subsections. Mayor Garrett called for comments from the audience. Nick Alexander, President and General Counsel for Clicks Billiards, spoke regarding the economic impact to pool halls and requested that the Council allow for an exemption for pool halls. Bob Doomis, 441 Colony, spoke Minutes — Regular Council Meeting December 16, 2008 — Page 18 regarding the effect of the ordinance to his business and job loss. Karen Doomis, 441 Colony, suggested that warning signs be placed at establishments to advise customers of the health hazards and require the Health Department to test the air in businesses instead of changing the ordinance. Bobby Gonzalez, rep of Mercado Bingo and Mercado Night Bingo halls, stated that the ordinance presented would require bingo halls to build new bathrooms because the bathrooms are located within the smoking room. Mr. Gonzalez asked the Council to consider grandfathering bingo halls that are already established. Rick Rains asked the Council to reconsider their vote for this ordinance. An unidentified individual spoke regarding the use of air cleaners. Scott Kerns, 3525 Pangani, asked the Council to consider the economic impact of the ordinance on business owners and employees. Arleen Steward, General Manager of Paradise Pool and Billiards, asked for an exemption for pool halls. Harrison Todd, owner of Paradise Pool and Billiards, spoke regarding the smoke control and air purification system at the pool hall and property rights issues. D. Maxwell, owner of Rascals, spoke regarding the impact on his employees. Dave Wilson spoke in opposition to the smoking ban and asked that the Council to let the general public make the decision. Mr. Wilson also spoke regarding government intervention on businesses. Joe Alley spoke in support ofa smoke free area. Mimi Kile applauded the Council's vote last week and spoke regarding the health of the community. Chris Large, Co -Chair of Smoke Free Rights, thanked the Council for supporting a comprehensive smoke free ordinance and urged the Council to vote in favor of the ordinance. Rick Hayley, Co -Chair of Smoke Free Corpus Christi, spoke in support of a comprehensive smoke free ordinance for Corpus Christi. Todd Elliott, Dodson Corporation, stated that smoking in bars does not affect the health of children because children are not allowed in these facilities. Mr. Elliott said that patrons to bars go to those businesses knowing that smoking is allowed. Mr. Elliott also requested that the Council allow the bar owners time to make accommodations for smokers if the ordinance passes. Jonathon Hernandez, General Manager of Rack Daddy's Billiards, said the ordinance would affect businesses and personal economy. Mr. Hernandez added that pool halls are not a family environment and that employees choose to work in smoking establishments. Erik Haner, General Manager of Bourbon Street, spoke regarding the effect to employees and the tax base and asked the Council for an opportunity to install filtration systems in businesses. Nikki Ikonomopolis spoke regarding the negative impact of the smoking ban in Chicago. Ms. Ikonomopolis said that the Council should not focus on local businesses but instead focus on the tobacco product sellers. Nick Kouroolis said the Council should believe that businesses will be impacted by the smoking ordinance if they exempted bingo halls because the charitable organizations would be economically impacted. Armando Martinez, 7062 Wakeforest, said the ordinance would put people out of business and that the Council should not make decisions for businesses. Mr. Martinez asked the Council to allow time for businesses to make accommodations should the ordinance pass. Scott Johnson, 1305 Meadow Lane Drive, said that it is the personal decision to go to establishments that allow smoking and not the responsibility of the Council to make this decision. Dr. Mary Dale Peterson said this issue is a public health issue and people should not be exposed to second-hand smoke. Dr. Rafael Katan spoke in favor of the ban. Dr. William Burgin commended the Council on their vote on the first reading and spoke regarding individuals exposed to second hand smoke. Dr. Arnold Gonzales spoke regarding the effects of smoking and second hand smoke and the epidemic of cancer. Clark James said businesses that close because of the ban will affect the economy and stated that there is no proven harm from smoke; removing smoke does not mean clean air; and residents do not support a ban in bars and pool halls. Mr. James proposed an amendment to allow bars and billiards to have separate rooms for smoking. Wes Adkinson said that adults should have the option to smoke or not smoke in bars. David Noyola, 4432 Valdez, asked the Council to allow Minutes — Regular Council Meeting December 16, 2008 — Page 19 bar owners to run their businesses. Rene Saenz spoke regarding the addiction to smoking and stated that the Council should ban smoking in bars. Abel Alonzo, 1701 Thames, said that it is the responsibility of the Council to promote a healthy community and thanked the Council for their.vote last week. The following topics pertaining to this item were discussed: changes to bingo halls; an effective date; Texas Alcohol and Beverage Commission permits for establishments; and statistics on the exposure of second hand smoke. Mr. Kelly made a motion to delay the effective date of the ordinance to March 19, 2009 in the event the ordinance passes. Dr. McCutchon seconded the motion. A brief discussion ensued regarding the accommodation period to allow businesses to make modifications to comply with the ordinance. Mr. Kelly amended his motion to delay the effective date of the ordinance to April 15, 2009 if the ordinance passes. Dr. McCutchon accepted the amendment. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper voting "No". Mr. Hummell made a motion to exempt billiard halls from the ordinance as proposed. The motion was seconded by Mr. Marez. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion failed with the following vote: Hummell, Leal, McCutchon, and Marez, voting "Aye"; Garrett, Cooper, Elizondo, Kelly, and Martinez, voting "No". City Secretary Chapa polled the Council for their votes as follows: 41. ORDINANCE NO. 028007 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; providing for publication; and providing for an effective date. (First Reading 12/09/08) The foregoing ordinance was passed and approved on its second reading as amended with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, and Martinez, voting "Aye"; Hummell, Leal, and Marez, voting "No". Mayor Garrett called for a 5 -minute break. 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 opened discussion on Item 38 regarding temporary property tax abatement for Waterfront Communications L.L.C. Emily Martinez, Economic Development, provided a brief overview of this item including the location of the Minutes — Regular Council Meeting December 16, 2008 — Page 20 property; the tax abatement guidelines and criteria; Renewal Community criteria; rehabilitation of the property; capital investment; waiver of the job creation requirement; maximum abatement; and the ad valorem taxes. Greg Perkes, representative for Waterfront Communications L.L.C., was available to respond to questions. The following topics pertaining to this item were discussed: the current property value; how the tax abatement calculation is determined; value of the land; the waiver request; and term of the agreement. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 38. RESOLUTION NO. 028004 Resolution granting a variance from the Guidelines and Criteria for granting tax abatement and authorizing the execution of an agreementwith Waterfront Communications, L.L.C., and providing for temporary property tax abatement for additional improvements valued at approximately $217,225.63, to be made after January 1, 2009, to the property located at 1024 Leopard Street, Corpus Christi, Nueces County, Texas. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas absent. Mayor Garrett opened discussion on Item 39 regarding the J.C. Elliott Landfill — Final Cover Phase 4-6 and Landfill Gas Collection project. Interim Director of Engineering Services Kevin Stowers explained that this item includes an appropriation; a recommendation to waive a bid irregularity and award a contract with Environmental Specialties; and a recommendation to award a bid to Kleinfelder, Inc. Mr. Stowers provided a brief overview of the irregularities of the bid and the legal opinions. Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, said the Council should waive the irregularity because the process was followed. Darryl Haas, Haas - Anderson, stated that the City is not obligated to be fair to any contractor and the City can legally reject any bids. Mr. Haas provided documentation stating that it is the contractor's responsibility to file the proposals and identify the project correctly. Mr. Haas added that granting the waiver would set an adverse precedence for future projects and ESI's proposal should not be considered. Mr. Haas asked the Council to award the project based on the bid opening. Mark Dillon, Environmental Specialties (ESI), stated that the bid instructions give bidders the option to mail the bid as ESI has done in the past. Mr. Dillon added that ESI was not aware of the City's process for receiving mail packages through the Purchasing Department. Mr. Dillon said that ESI's bid is a qualified bid. John Parker, Longhorn Excavators, stated that ESI deserved the job. The following topics pertaining to this item were discussed: whether ESI's proposal had a separate envelope inside the FedEx envelope and if the inner envelop was marked properly; the time of delivery for ESI's FedEx package; receipt in the Purchasing Department; irregularity of the bid; if bidders were aware of the bid opening; legal opinion; changes to the provisional language; timeline restrictions; the language for receipt of proposals and advertisement at the time the bid was submitted; the reason the package was sent to the Purchasing Department and not the City Secretary's Office; whether the City has previously revealed bids and re -bid without restructuring the project; staffs recommendation; the reason for opening bids at the same time; whether ESI had an opportunity to take advantage of the information released from the other bids; deadline for the bid opening; and the reason bids are delivered to the City Secretary's office. Minutes — Regular Council Meeting December 16, 2008 — Page 21 City Secretary Chapa polled the Council for their votes as follows: 39.a. ORDINANCE NO. 028005 Ordinance appropriating $392,847.81 from the unappropriated bond proceeds and interest earnings from the Sanitary Landfill 2006 CIP Fund No. 3362 for the J. C. Elliott Landfill Final Cover System (Phases 4-6) and Landfill Gas Collection System project; changing the FY 2007-2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $392,847.81. 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". 39.b. MOTION NO. 2008-338 Motion waiving a bid irregularity, and authorizing the City Manager, or his designee, to execute a construction contract with Environmental Specialties International of Baton Rouge, Louisiana, in the amount of $6,769,018.19 for the Base Bid and Additive Alternate for the J. C. Elliott Landfill Final Cover System (Phases 4-6) and Landfill Gas Collection System. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 39.c. MOTION NO. 2008-339 Motion authorizing the City Manager, or his designee, to execute a contract for engineering materials testing services with Kleinfelder, Inc, of Corpus Christi, Texas, in the amount of $465,275.00 for construction of J. C. Elliott Landfill Final Cover System (Phases 4-6) and Landfill Gas Collection System. The foregoing motion 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 40 regarding the FY2009 Capital Budget and Capital Improvement Planning Guide. Assistant City Manager Oscar Martinez addressed the issues presented during the first reading including the downtown pump station; Packery Channel Phases 1 and 2; Turtle Cove; schedule for Bayfront Master Plan Phase 3; and downtown street improvements. Mr. Martinez added that the CIP could be amended in the future to include a project to extend a water main across the Ship Channel for the Texas Barge and Dock Project. Dan Murphy, Texas Barge and Dock Project, spoke regarding the need for a water line from Up River Road to the dock. The following topics pertaining to this item were discussed: whether the pump station has a contract in place; selection process for contractors; Whataburger Way; changes to Packery Channel for Phases 1 and 2; design and building of the parking lots along the jetty; the process for bidding the parking lot; whether the parking lot would be completed prior to hurricane season; storm water project for Los Colonias subdivision; the cost of the water line for the Texas Barge and Dock Project; the water line from London School to London Estates; concrete for Waldron Road; and the development of a comprehensive plan for the Engineering Department. Minutes — Regular Council Meeting December 16, 2008 — Page 22 Dr. McCutchon made a motion to amend the ordinance by moving $2.1 million from Year2, Packery Channel Phase 2 to CIP Budget Year 1. The motion was seconded by Mr. Hummell. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal was absent. Mr. Martinez explained that the ordinance is also incorporating the design of the Hughes Street Pump station. City Secretary Chapa polled the Council for their votes as follows: 40. ORDINANCE NO. 028006 Approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (First Reading 12/09/08) The foregoing ordinance was passed and approved on its second reading as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett announced that Item 45 regarding a presentation on the Local Economic Condition Update would be rescheduled. * * * * * * * * * * * Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: 47. 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. 48. 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 and the following motions were passed with the following vote: 47. MOTION NO. 2008-340 Motion authorizing an employment contract with City Manager Angel R. Escobar as negotiated and delineated in the agreement as attached to this motion. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 48. MOTION NO. 2008-341 Motion stopping further consideration of the proposal regarding re -adaptive use of the Memorial Coliseum submitted by NRP Group, L.L.C., and that the Council explore the viability of the Leisure Horizons Inc. proposal and potential options that may be available for such a development. Minutes — Regular Council Meeting December 16, 2008 — Page 23 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 8:35 p.m. on December 16, 2008. *************