HomeMy WebLinkAboutMinutes City Council - 01/13/2009I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular
Meeting of the Corpus Christi City Council ofJanuary 13, 2009, which were approved by the City
Council on January 27, 2009.
WITNESSETH MY HAND AND SEAL, on this the 27th day ofJanuary, 2009.
Armando Chapa
City Secretary
SEAL
INDEXED
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
January 13, 2009 - 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 10:08 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 Pastor David Bierne with Travis Baptist Church and the
Pledge of Allegiance to the United States flag was led by Council Member John Marez.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council
and the required charter officers were present to conduct the meeting.
Mayor Garrett called for approval of the minutes of the regular Council meetings of
December 9, 2008 and December 16, 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:
Electrical Advisory Board
Michael Riley (Reappointed)
Bill Ashcraft (Reappointed)
Bhaskar Patel (Reappointed)
Craig Loving (Reappointed)
Lee Montgomery (Reappointed)
Don Fretwell (Reappointed)
William Kevin Pitchford (Appointed)
Intergovernmental Commission on Drug & Alcohol Abuse
Jim Lago (Appointed)
Sister City Committee
Liette Ocker (Appointed)
Michelle Hammock (Appointed)
Mayor Garrett called for consideration of the consent agenda (Items 3 - 19). There were no
comments from the public. Council members requested that Items 7 and 14 be pulled for individual
consideration. City Secretary Chapa announced that that Item 14.1.a. and 14.1.b were added on a
supplemental agenda and that Item 13 was withdrawn by staff. City Secretary Chapa polled the
Council for their votes as follows:
Minutes — Regular Council Meeting
January 13, 2009 — Page 2
3. ORDINANCE NO. 028012
Ordinance appropriating $166,124.40 of insurance proceeds into the General Fund No.
1020, Organization Nos. 11801 and 11870 to reimburse costs associated with a power
outage and generator failure at the Police Department; changing the FY2008-2009
Operating budget adopted by Ordinance No. 027776 to increase revenues and
appropriations by $166,124.40 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".
4. ORDINANCE NO. 028013
Ordinance authorizing the City Manager or his designee to execute a use permit agreement
with Lindsey Edwards, organizer for the Cheers to Charity Wine Festival, for use of Corpus
Christi Heritage Park during April 4 through April 5, 2009.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye".
5. RESOLUTION NO. 028014
Resolution authorizing the City Manager or his designee to submit an grant application to the
Texas Parks and Wildlife Department in the amount of $500,000 for the purpose of
participating in the local park grant program to develop the Oso Conservation Interpretive
Park on Oso Bay, with City match of $500,000 in the Parks and Recreation 2009 Capital
Improvement Program (CIP) Fund (General Obligation); dedicating proposed site for
permanent public park and recreation uses.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
6. MOTION NO. 2009-001
Motion authorizing the City Manager, or his designee, to execute a construction contract with
Sendero Industries of Houston, Texas, in the amount of $597,640 for Oso Trunk Main
Manhole Repair/Replacement Phase 3 for Total Base Bid and Additive Alternate.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
8. MOTION NO. 2009-003
Motion authorizing the City Manager, or his designee, to execute a construction contract with
Longhorn Excavators, Inc. of Richmond, Texas in the amount of $1,923,805.50 for
construction of Cefe F. Valenzuela Landfill Sector 4B Liner & Leachate Collection System &
Storm Water Pond No. 1.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
Minutes — Regular Council Meeting
January 13, 2009 — Page 3
MOTION NO. 2009-004
Motion authorizing the City Manager, or his designee, to execute Change Order No. 6 with
R. S. Black Civil Contractors, Inc. of Corpus Christi, Texas, in the amount of $213,725 for
the Oso Water Reclamation Plant Clarifier Structural Improvements Project for replacement
of non -operational slide gates and new fiberglass grating and supports.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
10. MOTION NO. 2009-005
Motion authorizing the City Manager, or his designee, to execute Change Order No. 12 to
the construction contract with SLC Construction L.P. of Conroe, Texas in the amount of
$226,013 for a total restated fee of $3,036,365 for the Waldron Road Street Improvement
Project for additional storm water improvements from Waldron Road east along Bayberry
Place. (BOND 2004)
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
11.a. ORDINANCE NO. 028015
Ordinance appropriating $61,715 of the unappropriated fund balance in the Reinvestment
Zone No. 2 Fund 1111 for Packery Channel Monitoring for 2008-2009; changing the FY
2008-2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations
by $61,715.
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.b. MOTION NO. 2009-006
Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the
contract between the City and Texas A&M University — Corpus Christi for Packery Channel
Quarterly Monitoring for 2008-2009 in the amount of $61,715 for a restated fee not to
exceed an amount of $314,222.
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. 2009-007
Motion authorizing the City Manager, or his designee, to execute Amendment No. 18 to the
engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of
Dallas, Texas in an amount not to exceed $175,987 for a restated not to exceed total fee of
$3,073,820.80 for the Corpus Christi International Airport for the Airfield Equipment and
Maintenance Facility for engineering design, bid and construction phase services.
Minutes —.Regular Council Meeting
January 13, 2009 — Page 4
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
13. WITHDRAWN
Ordinance authorizing the City Manager er his-decigaec to cxccute various Recreation
Sunrise Bgaeh-RV Pik at Lake Corpuc C Fiati, far -the dthatien of -the City's operation and
15.a. RESOLUTION NO. 028008
Resolution authorizing the City Manager or his designee to execute an Interlocal
Cooperation Agreement with the Del Mar College District (Del Mar) in connection with the
City of Corpus Christi Municipal Separate Storm Sewer System (MS4) Texas Pollutant
Discharge Elimination System (TPDES) Permit.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
15.b. RESOLUTION NO. 028009
Resolution authorizing the City Manager or his designee to execute an Interlocal
Cooperation Agreement with the Port of Corpus Christi Authority (Port) in connection with
the City of Corpus Christi Municipal Separate Storm Sewer System (MS4) Texas Pollutant
Discharge Elimination System (TPDES) Permit.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
15.c. RESOLUTION NO. 028010
Resolution authorizing the City Manager or his designee to execute an Interlocal
Cooperation Agreement with Texas A&M University — Corpus Christi (TAMU-CC) in
connection with the City of Corpus Christi Municipal Separate Storm Sewer System (MS4)
Texas Pollutant Discharge Elimination System (TPDES) Permit.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
15.d. RESOLUTION NO. 028011
Resolution authorizing the City Manager or his designee to execute an Interlocal
Cooperation Agreement with the Texas Department of Transportation (TxDOT) in
connection with the City of Corpus Christi Municipal Separate Storm Sewer System (MS4)
Texas Pollutant Discharge Elimination System (TPDES) Permit.
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
January 13, 2009 — Page 5
16. FIRST READING ORDINANCE
Amending Sections 14-1304 and 14-1313, Code of Ordinances, City of Corpus Christi, to
establish the fees for Third Party Plan Review and Inspections requested by applicant;
providing for publication; 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".
17. ORDINANCE NO. 028017
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. (First Reading 12/16/08)
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".
18.a. ORDINANCE NO. 028018
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. (First Reading - 12/16/08)
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".
18.b. ORDINANCE NO. 028019
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. (First Reading -
12/16/08)
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".
18.c. ORDINANCE NO. 028020
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. (First Reading - 12/16/08)
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".
Minutes — Regular Council Meeting
January 13, 2009 — Page 6
18.d. ORDINANCE NO. 028021
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. (First Reading —
12/16/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Cooper, Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye".
19. ORDINANCE NO. 028022
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. (First Reading -12/09/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Cooper, Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye".
Mayor Garrett opened discussion on Item 7 regarding golf course improvements at the Oso
Beach Municipal Golf Course. Council Member Leal asked if Mid-America Golf and Landscape, Inc.
did the improvements at the Lozano Golf Course. Director of Engineering Services Pete Anaya
stated that Mid America Golf and Landscape, Inc. was not the company that did the work at Lozano.
Council Member McCutchon asked questions regarding the funds available and total funds required
for the project. City Manager Escobar explained that the funds available amount was determined
after the total cost of the project was known. Dr. McCutchon also addressed the consultant services
with Finger Dye Spann and administrative approval items. City Secretary Chapa polled the Council
for their votes as follows:
7. MOTION NO. 2009-002
Motion authorizing the City Manager, or his designee, to execute a construction contract with
Mid-America Golf and Landscape, Inc. of Lee's Summit, Missouri in the amount of $995,576
for Golf Course Improvements (existing courses) and Oso Beach Irrigation Improvements.
(BOND 2004)
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
Mayor Garrett opened discussion on Item 14 regarding Bahia Vista Unit 1 subdivision. In
response to Council Member McCutchon, Deputy Director of Development Services Johnny Perales
clarified that Item 14.1 was a separate agreement from Item 14. Council Member McCutchon asked
for the balance of the Sanitary Sewer Trust Funds and the effect of the agreements to that fund. Mr.
Perales said the Sanitary Sewer Trunk System Trust Fund estimated balance is $485,000 and the
Sanitary Sewer Collection Line Trust Fund estimated balance is $245,000. City Secretary Chapa
polled the Council for their votes as follows:
Minutes — Regular Council Meeting
January 13, 2009 — Page 7
14.a. MOTION NO. 2009-008
Motion approving the Sanitary Sewer Collection Line Extension Construction and
Reimbursement Agreement submitted by Marie Keast, LLC, owner and developer of Bahia
Vista Unit 1, located east of Waldron Road and north of Crestline Street, for the installation
of 769 linear feet of 10 -inch PVC sanitary sewer collection line.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
14.b. ORDINANCE NO. 028016
Ordinance appropriating $124,200 from the No. 4220 Sanitary Sewer Collection Line Trust
Fund to reimburse Marie Keast, LLC for the installation of 769 linear feet of a 10 -inch PVC
sanitary sewer collection line for development of Bahia Vista Unit 1 as specified in the
Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement.
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".
14.1.a. MOTION NO. 2009-009
Motion approving the Sanitary Sewer Trunk Force Main and Lift Station Construction and
Reimbursement Agreement submitted by Marie Keast, LLC, owner and developer of Bahia
Vista unit 1, located east of Jamaica Drive and north of Lola Johnson Road, for the
installation of the Lola Johnson Master Plan Lift Station with 1,070 linear feet of eight -inch
force main, and related appurtenances.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
14.1.b. ORDINANCE NO. 028027
Ordinance appropriating $1,678,849 from the No. 4220 Sanitary Sewer Trunk System Trust
Fund to reimburse Marie Keast, LLC for the installation of Lola Johnson Master Plan Lift
Station with 1,070 linear feet of 8 -inch force main, and related appurtenances for
development of Bahia Vista unit 1, as specified in the Sanitary Sewer Trunk Force Main and
Lift Station Construction and Reimbursement Agreement.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye".
.............
Mayor Garrett opened discussion on Item 25 regarding a collective bargaining agreement
with the Corpus Christi Firefighters' Association for wages, benefits, and working conditions. Director
of Human Resources Cynthia Garcia explained that this item authorizes the City Manager to enter
into a collective bargaining agreement that was ratified by the Firefighter Association at the end of
December 2008. Ms. Garcia provided a brief overview including the terms of the contract and the
changes to the agreement.
Minutes — Regular Council Meeting
January 13, 2009 — Page 8
Council Member Leal said she was glad that the Firefighters had an agreement. Council
Member Marez thanked the Firefighters and staff for their commitment to working on the agreement.
Council Member McCutchon asked how many members supported the agreement. Fire
Chief Richard Hooks stated that the agreement was ratified on December 31, 2008 with a vote of
263 to 12.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
25. MOTION NO. 2009-011
Motion authorizing the City Manager to enter into a collective bargaining agreement with the
Corpus Christi Fire Fighters' Association for wages, benefits and working conditions.
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 referred to Item 20, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 1008-04, Raquel Medina: A change of zoning from a "B-5" Primary Business
District to an "A-1" Apartment House District resulting in a change of land use from
commercial to medium -density, multiple -family described as Shannon Addition, Block 1, Lot
5, 1014 Furman Avenue, located on the north side of Furman Avenue approximately 160
feet east of Staples Street.
City Secretary Chapa stated that the Planning Commission and staff recommended denial of
the "A-1" Apartment House District and in lieu thereof approval ofa Special Permit, subject to a site
plan and two (2) conditions.
No one appeared in opposition to the zoning change. Mr. Marez made a motion to close the
public hearing, seconded by Mr. Kelly, and passed. Mr. Chapa polled the Council for their votes as
follows:
20. ORDINANCE NO. 028023
Amending the Zoning Ordinance, upon application by Raquel Medina, by changing the
Zoning Map in reference to Shannon Addition, Block 1, Lot 5, from "B-5" Primary Business
District to "B-5/SP" Primary Business District with a Special Permit to allow for the
construction of a garage, subject to a site plan and two (2) conditions; amending the
Comprehensive Plan to account for any deviations from the existing comprehensive plan;
providing for a repealer clause; and providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye"; Cooper was absent.
Minutes — Regular Council Meeting
January 13, 2009 — Page 9
Mayor Garrett referred to Item 21, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 1108-02, Al Crozier/Prime Income Asset Management: A change of zoning from
an "AT" Apartment Tourist District to a "B-2" Bayfront Business District resulting in a change
of land use from multi family residential to commercial and high density multi -family
described as Corpus Christi Beach Hotel Addition, Lot 7-A, 4.46 acres located on Corpus
Christi Beach and bounded by Surfside Boulevard, Breakers Avenue and Bushick Place.
City Secretary Chapa stated that the Planning Commission and staff recommended approval
of a "B-2" Bayfront Business District.
No one appeared in opposition to the zoning change. Mr. Kelly 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. ORDINANCE NO. 028024
Amending the Zoning Ordinance, upon application by Al Crozier/Prime Income Asset
Management, Inc., on behalf of Matthew Comay, Justin Duprie, Shah Islam and Mukul
Maheshwari, by changing the Zoning Map in reference to 4.46 acres out of Corpus Christi
Beach Hotel Addition, Lot 7-A, from "AT" Apartment Tourist District to "B-2" Bayfront
Business District; amending the Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan; providing a repealer clause; and providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye".
Mayor Garrett referred to Item 22, and a motion was made, seconded and passed to open
the public hearing on the following street closure:
22. Public hearing 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 rights-of-
way; subject to compliance with the specified conditions. (POSTPONED FROM 12/16/08)
Deputy Director of Development Services Johnny Perales explained that the request for the
closure was submitted by Ms. Tommie Edward for the purpose of including the acquired property in
a proposed replatting with property already owned. Ms. Perales added that the additional property
will facilitate in the creation of an additional residential lot.
No one appeared in opposition to the street closure. Ms. Cooper made a motion to close the
public hearing, seconded by Ms. Martinez, and passed. Mr. Chapa polled the Council for their votes
as follows:
22. 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 rights-of-way; subject to
compliance with the specified conditions
Minutes — Regular Council Meeting
January 13, 2009 — Page 10
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye";
Kelly and Marez were absent.
Mayor Garrett opened discussion on Item 23 regarding the consideration of two separate
requests by petitioners to repeal Ordinance No. 028007 which amended the Code of Ordinances,
Section 23-76, Smoking Prohibitions.
City Secretary Chapa explained that the City Secretary's Office received two separate
requests for the Council to reconsider the smoking ban approved in December. Mr. Chapa stated
that the requests were submitted through the City Charter Referendum process and that the Council
has until the end of today to reconsider the ordinance. Mr. Chapa added that if the Council does not
repeal the ordinance, the City Secretary is to provide petitions to both groups to circulate among the
voters of the City. Mr. Chapa stated that the groups have 90 days to submit a valid petition in order
to place this item on a future City Council election. Mr. Chapa explained that if the petitions are
submitted within 60 days, the effectiveness of the ordinance is suspended and an election is called
for the next available uniform election date. Mr. Chapa added that if the valid petition is received
after 60 days but within 90 days, the election will be held at the next City Council election in 2011.
Council Member Leal made a motion to revisit the ordinance. 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, and Marez, voting "Aye";
Garrett, Cooper, Elizondo, Kelly, McCutchon, and Martinez, voting "No".
23. Consideration of two separate requests by petitioners pursuant to Article 1, Section 4 of the
City Charter, to rep al Ordinance No. 028007 which amended the Code of Ordinances,
Section 23 76, Smoking Prohibitions.
Dr. McCutchon made a motion to table the above item indefinitely. The motion was
seconded by Ms. Martinez. City Secretary Chapa polled the Council for their votes as follows:
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, McCutchon, and Martinez, voting "Aye"; Hummell, Kelly, Leal, and Marez, voting
"No".
Mayor Garrett opened discussion on Item 24 regarding the acquisition of a turf system for the
American Bank Center. Assistant City Manager Margie Rose introduced General Manager of the
Corpus Christi Sharks Larry Linde, General Manager of the American Bank Center Marc Solis, and
Financial Officer of the American Bank Center Jorge -Cruz Aedo who were available to respond to
questions. Ms. Rose provided a brief overview of the item including the reasons for the purchase;
the benefits for utilizing and attracting other types of events; eligibility of 4A funds; concerns made
by the 4A board; and approval of the 4A board. Ms. Rose stated that staff is recommending
consideration and approval of the purchase.
Chairman of the Corpus Christi Business and Job Development Corporation Eloy Salazar
explained that the 4A board had concerns regarding the term of the Sharks contract and the
potential revenue sources. Mr. Salazar stated that the 4A board voted in support of the purchase.
Minutes — Regular Council Meeting
January 13, 2009 — Page 11
The following topics pertaining to this item were discussed: current advertising sales and
potential revenue; leasing of the turf to the Shark's; advertising packages; background on the
Houston Dynamo Exhibition Games; youth sports programs; life expectancy of the turf; the original
cost of the turf; the depreciated value of the turf; the size of the Shark's staff; and repairs,
maintenance, and storage of the turf.
City Secretary Chapa polled the Council for their votes as follows:
24.a. RESOLUTION NO. 028025
Resolution approving a Grant Agreement between the Corpus Christi Business and Job
Development Corporation and the City of Corpus Christi for the acquisition of a Turf Field
system for the American Bank Center Arena authorizing the City Manager or his designee to
accept the grant from the Corporation in the amount of $105,000 for that purpose.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
24.b. ORDINANCE NO. 028026
Ordinance approving a $105,000 grant from the Corpus Christi Business and Job
Development Corporation to the City of Corpus Christi for the acquisition of a turf system for
the American Bank Center Arena; appropriating and transferring $105,000, from the Corpus
Christi Business and Job Development Corporation's unreserved fund balance of the No.
1130 Arena Facility Fund, to City's No. 4710 Visitors Facility Fund; changing the FY 2008-
2009 Operating Budget adopted by Ordinance No. 027776 to increase estimated
expenditures by $105,000 in No. 1130 Arena Facility fund and to increase both anticipated
revenues and estimated expenditures by $105,000 in No. 4710 Visitors Facility 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".
24.c. MOTION NO. 2009-010
Motion authorizing the City Manager or his designee to purchase the Deiter Turf Field
System from the Corpus AF2 Football, LLC, doing business as Corpus Christi Sharks, for
$105,000, for use by tenants at the American Bank Center.
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 recessed the regular Council meeting to hold a meeting of the Corpus Christi
Community Improvement Corporation (CCCIC).
Mayor Garrett reconvened the regular Council meeting. Mayor Garrett announced the
executive session, which was listed on the agenda as follows:
Minutes — Regular Council Meeting
January 13, 2009 — Page 12
28. Executive Session under Texas Government Code Section 551.087 to discuss or deliberate
regarding commercial or financial information received from 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.
Mayor Garrett called for petitions from the audience. Hal George, 5350 South Staples and
representative of the Corpus Christi Bar Operators Association, asked the Council to repeal the
smoking ban on bars and pool halls. Mr. George explained the effects of the ban on the bars,
employees, distributors, and policing. Mr. George stated that his clients are willing to negotiate with
the City in terms of allowing smoking establishments to provide a percent of sales to the City or to
charitable organizations. Joe Farah, 3242 Azores, stated that bar owners will not be able to stay
open if the smoking ban is enforced and employees will be affected. Mr. Farrar added that there is
no comparison on the affect of a smoking ban between bars and restaurants. Jack Gordy, 4118
Bray, spoke regarding the delays to fix the sewer lines and pot holes on Brett Street. Wilson
Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas Plant. Council Member Leal
requested information on the Las Brisas plant.
Mikell Smith, 1005 Meadowbrook, spoke regarding the Las Brisas plant including the
preliminary decision by the Texas Commission on Environmental Quality (TCEQ), emissions, and
pollution. Council Member Leal requested information on a coal plant that exploded in Tennessee
including its impact to the environment and the emissions the people were subjected to. Council
Member McCutchon asked the Council to consider placing an item on the agenda within the next 30
days to discuss the environmental effects of the Las Brisas plant. Gloria Scott spoke regarding the
public information procedures and recommended that the citizens that use the process make
recommendations to the policy. Ms. Scott also requested the job descriptions and education
requirements of the attorneys processing the requests. Kostas Livaditis, 3735 Alameda, spoke
regarding the construction on Doddridge and Alameda and the effects to businesses in that area.
Council Member Mike Hummell announced that he would not be seeking re-election.
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Mayor Garrett referred to Item 26 regarding the Public Information Act (PIA) procedures.
Assistant City Attorney Ronnie Bounds referred to a powerpoint presentation including the PIA
philosophy and mission; statistical information; purpose and scope; what is considered a request;
request receipt; clarification and narrowing of the request; department notification; department
responsibilities; evaluation of the departments response; information not subject to exception;
discretionary exceptions and examples; mandatory exceptions; request for Attorney General ruling;
copy fees; inspection fees; itemized estimate of charges; and bond or deposit.
The following topics pertaining to this item were discussed: policies in place that allow global
exceptions; the history of the policy; whether the policy has ever been approved by the Council;
development of a City-wide policy; request to review information; the timeframe to provide a request
in a worst case scenario; consistency in responding to topics; notifying department of what can be
provided; exclusion of information; improving the language of the public information form to explain
how to exactly prepare the request; avoiding the time period allowed by law and provide information
as quickly as possible; the tracking log sheet; and input from requestors to improve the process.
Minutes — Regular Council Meeting
January 13, 2009 — Page 13
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 1:20 p.m. on January 13, 2009.
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