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HomeMy WebLinkAboutMinutes City Council - 01/23/2007I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Christi Clty Council of January 23, 2007, which were approved by the Cit' Council on January 30, 2007 WITNESSETH MY HANI) ANI) SEAL, on this the 30th day ofJanuary, 2007. Armando Chapa City Secretary SEAL PRESENT Mayor Henry Garrett Mayor Pro Tem Rex Kinnison Council Members: Brent Chesney Melody Cooper Jerry Garcia Bill Kelly John Marez Jesse Noyola Mark Scott MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 23, 2007 - 10:00 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Carl Willis of Parkdale Baptist Church and the Pledge of Allegiance to the United States flag was led by Mayor Henry Garrett. Mayor Garrett called for approval of the minutes of the regular Council meeting of January 16, 2007. Council Member Marez stated that he was absent for the vote and discussion on Item 22 on January 16, 2007, and the ordinance listed in the agenda packet indicated that he was present. He asked staff to correct the ordinance. A motion was made and passed to approve the minutes as presented Mayor Garrett called for consideration of the consent agenda (Items 3 - 13). City Secretary Chapa announced that Councilmember Kelly would be abstaining from the vote and discussion on Item 13 and Councilmember Scott would be abstaining from the vote and discussion on Item 9. Mr. Billy Kopecky and Mr. Johnny French requested that Item 13 be pulled for individual consideration. Council member Kelly requested that Item 12 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3 MOTION NO. 2007-018 Motion approving a supply agreement with Fox Scientific, Inc., of Alvarado, Texas for laboratory chemicals and supplies in accordance with Bid Invitation No. BI -0199-06, based on low bid for an estimated annual expenditure of $30,033.96. The term of the agreement shall be for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Water Department for FY 2006-2007. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting January 23, 2007 - Page 2 4.3. ORDINANCE NO.027114 Ordinance appropriating $132,289 from the auction proceeds from the sale of solid waste equipment in Fund 5110 for the purchase of a used crawler tractor from Waukesha -Pearce Industries; amending the FY 2006-2007 Operating Budget adopted by Ordinance No. 026908 by increasing appropriations by $132,289. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" 4.b. MOTION NO. 2007-019 Motion approving the purchase of a used crawler tractor from Waukesha -Pearce Industries, of Corpus Christi, Texas in accordance with Bid Invitation No. BI -0065-07 based on best value for a total amount of $132,289. The equipment will be used at the J C Elliott Landfill. Funding for the equipment is available in the Capital Outlay Budget in the Maintenance Services Fund. The equipment is a replacement unit. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye". 5.a. MOTION NO. 2007-020 Motion approving the lease purchase of one (1) backhoe loader and one (1) wheel loader from Doggett Heavy Machinery Services, Ltd., of Corpus Christi, Texas for a total amount of $458,501.33. The award is made in accordance with the cooperative purchasing agreement with the Texas Local Government Cooperative. The equipment will be used at the J C Elliott Trash and Recycling Center. Funds for the lease purchase of equipment will be provided through the City's lease/purchase financing program. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye". 5.n. MOTION NO. 2007-021 Motion approving the lease purchase of equipment from the following companies for the following amounts for a total amount of $1,154,236.06. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H -GAC). The equipment will be used at the J C Elliott Trash and Recycling Center. Funds for the lease purchase of equipment will be provided through the City's lease/purchase financing program. Hi -Way Equipment Houston, TX Vacuum Machine $35,758.06 Subtotal (b): $1 154,236.06 Rush Equipment Center of Texas, Inc. Houston, TX Tractor Trucks & Trailers $1,118,478 Grand Total (a) & (b): $1,612,737.39 Minutes - Regular Council Meeting January 23, 2007 - Page 3 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 6 a RESOLUTION NO. 02711E, Resolution authorizing the City Manager or his designee to accept a grant of $103,009 from the Department of State Health Services to provide tuberculosis prevention and control services and execute all related documents. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Chesney, Garcia, Kelly Kinnison, Marez, Noyola, and Scott, voting "Aye". 6 o ORDINANCE NO. 027116 Ordinance appropriating a grant of $103,009 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide tuberculosis prevention and control services An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" 7 RESOLUTION NO. 027117 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the City of Kingsville to provide for joint use of Public Safety Computer Aided Dispatch, Records Management, and Mobile Data Computer Systems from Intergraph Corporation to be paid for in annual payments of $15,000 for client software, data conversion, and storage, and training.. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Chesney, Garcia, Kelly. Kinnison. Marez, Noyola, and Scott, voting "Aye". MOTION NO. 2007-022 Motion authorizing the City Manager or his designee to extend the software maintenance agreement for twelve (12) months with Infosol, Inc., of Bellaire, Texas in an amount not to exceed $47,413.41. Included in this maintenance agreement is the support for the CourtHouse software currently being utilized by the Municipal Court. The maintenance agreement provides for software and technical environment support, including any necessary upgrades as they become available. This vendor qualifies as sole source. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 9 MOTION NO. 2007-023 Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract and a Temporary Construction Easement with the owners Charles Scott Mandel and wife, Thelma Mandel for a total expenditure of $156,718 which includes $130,900 for fee simple property rights to 3.74 acres of land, $2,100 in closing costs, and $23,718 for a 4.77 acre temporary construction easement and related fencing; all out of Lots 17 and 18, Section 20. Flour Bluff and Encinal Farm and Garden Tracts, located on Cimarron Boulevard Minutes - Regular Council Meeting January 23, 2007 -- Page 4 midway between Saratoga and Yorktown Boulevard; necessary for the Master Channel 27 Drainage Improvement Project (#2263) and for other municipal purposes. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, voting "Aye"; Scott abstained. 1) ORDINANCE NO. 027118 Ordinance appropriating $405,190 in surplus reserves from the unappropriated fund balance in the Development Services Fund No. 4670 FY 2006-2007 Budget for departmental reorganization and modifying the current business methodology; changing the FY 2006-2007 Budget adopted by Ordinance No. 026908 by increasing appropriations by $405,190. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" ORDINANCE NO. 027119 Ordinance amending Chapter 14 "Development Services,"Section 14-226(b) "Electrical Advisory Board," of the Code of Ordinances, to delete from membership one resident not connected with the electrical industry and to add to the membership a field representative from a utility power distribution company and a person in the electrical supply business. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, KeIIy, Kinnison, Marez, Noyola, and Scott, voting "Aye" Mayor Garrett opened discussion on Item 12 regarding prohibiting activities along Lake Corpus Christi and Nueces River. In response to Council Member Kelly, Director of Water Operations Eduardo Garafia explained that is ordinance prohibits activities that are inconsistent with maintaining a game preserve and that fishing can continue below the buoy line. City Secretary Chapa polled the Council for their votes as follows: 12 ORDINANCE NO. 027120 Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 12, Boats, Bays and Waterways, by amending Article III "Miscellaneous regulations on Lake Corpus Christi and other bodies of water discharging into Nueces River," Section 12-106 "Game preserves in Lower Nueces River Water Supply District," to rename the section and to prohibit hunting, fishing, trapping, camping, dumping trash and refuse, possessing firearms, and fires within the game preserves; providing for severance; providing a penalty clause; providing for publication; and providing for an effective date. (First Reading 01/16/07) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett. Chesney, Cooper, Garcia, KeIIy, Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett opened discussion on Item 13 regarding the City's Code of Ordinances, Chapter 10, Beachfront Management and Construction. City Secretary Chapa announced that Councilmember KeIIy would be abstaining from the vote and discussion on Item 22. Mr. Johnny French, 4417 Carlton Street, expressed his concern regarding the pedestrian safe areas. Mr. Bill Minutes - Regular Council Meeting January 23, 2007 -- Page 5 Kopecky, 3609 Topeka, spoke regarding beach access and the Packery Channel Project. Michael McCutchon, 203 Jackson, spoke regarding the seawall erosion and dune building from Christmas trees. Joan Veith, 5701 Cain, said she opposed the closing of the beach however supports the issue of safety, City Manager Noe explained that the beach would not be closed to traffic except for safety reasons City Secretary Chapa polled the Council for their vote as follows: 1:3 ORDINANCE NO. 027121 Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront Management and Construction, by amending Article VII "Traffic," Section 10-77 "Pedestrian safe areas," to provide for marking and signage for pedestrian safe areas, and Section 10-80 "One-way traffic on beach and access roads" to provide for designation of the direction of travel between the northern end of the Padre Island seawall and Padre Balli Park; providing for severance; providing for publication; and providing for an effective date. (First Reading 01'16/07) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper Garcia, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Kelly abstained Mayor Garrett referred to Item 2 and the following board appointments were made: Electrical Advisory Board Craig Loving (Reappointed, Lee Montgomery (Reappointed) Billy Ashcraft (Appointed) Dan Dibble (Appointed) Don Fretwell (Appointed) Mike Riley (Appointed) Bhaskar Patel (Appointed) *********** Mayor Garrett referred to Item 14, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1206-03, Mostar hasi Investment Trust: A change of zoning from a "R -1B" One - family Dwelling District to a "B-4" General Business District being 1.94 acres, a portion of Lot 1, Block 2, Nueces River Irrigation Park, Volume "A", Page 54, Map Records, Nueces County, Texas, located approximately 400 feet from the southwest intersection of FM 624 (Northwest Boulevard) and County Road 69 (Hazel Bazemore Road). City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "B-4" General Business District. No one appeared in opposition to the zoning change. Mr. Garcia made a motion to close the public hearing, seconded by Ms. Cooper, and passed. In response to Mr. Kelly, Interim Assistant Director of Development Services Faryce Goode -Macon said the developer did not have a concept plan at this time and provided an explanation of staff's recommendation. Mr. Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting January 23, 2007 - Page 6 14 ORDINANCE NO. 027122 Amending the Zoning Ordinance, upon application by Mostaghasi Investment Trust, by changing the zoning map in reference to Nueces River Irrigation Park, Volume "A", Page 54, Map Records, Nueces County, Texas, being 1.94 -acres, a portion of Lot 1, Block 2 from "R- IB" One -family Dwelling District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause. providing a penalty. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" Mayor Garrett referred to Item 15, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1206-02, Catamaran Properties, Ltd.: A change of zoning from a "R -1B" One - family Dwelling District to a "R-2" Multiple Dwelling District for Tracts 2 and 3 and a "B-1" Neighborhood Business District for Tract 1 resulting in a change of land use from single- family residential to multi -family and commercial property being Tract 1 - 1.08 acres, a portion of the A.M. French 237 acre tract out of Survey 417, Abstract 571, Nueces County, Texas, located at the southeast intersection of McKinzie Road and Kingsbury Drive; Tract 2 - 1.67 acres, a portion of the A.M. French 237 acre tract out of Survey 417, Abstract 571, Nueces County, Texas, located approximately 190 feet from the southeast intersection of McKinzie Road and Kingsbury Drive; Tract 3 - 3.5 acres, a portion of the A.M. French 237 acre tract out of Survey 417 Abstract 571, Nueces County, Texas, located at the northeast Intersection of McKinzie Road and Kingsbury Drive. City Secretary Chapa stated that the Planning Commission and staff recommended approval of a "R-2" Multiple Dwelling District for Tracts 2 and 3 and a "B-1" Neighborhood Business District for Tract 1 No one appeared in opposition to the zoning change. Mr. Noyola made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 15 ORDINANCE NO. 027123 Amending the Zoning Ordinance, upon application by Catamaran Properties, Ltd., by changing the zoning map in reference to Tract 1 -1.08 acres, a portion of the A.M. French 237 acre tract out of Survey 417 Abstract 571, Nueces County, Texas, from "R-1 B" One - family Dwelling District to "B-1" Neighborhood Business District; Tract 2 - 1.67 acres, a portion of the A.M. French 237 acre tract out of Survey 417, Abstract 571, Nueces County, Texas, from "R -1B" One -family Dwelling District to "R-2" Multiple Dwelling district; and Tract 3 - 3.5 acres, a portion of the A.M. French 237 acre tract out of Survey 417, Abstract 571, Nueces County, Texas from "R -1B'' One -family Dwelling District to "R-2" Multiple Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" Minutes — Regular Council Meeting January 23, 2007 - Page 7 Mayor Garrett opened discussion on Item 16 regarding the Automated Red Light Enforcement Program and contract. Assistant City Manager Oscar Martinez provided an overview of the program including the issuance of citation for violation and fine; review of violation by city staff; appeal process; flexibility of logistics for placing of camera equipment; explanation of contract procedures; and revenue of program to be reinvested for public safety needs. Michael Barrera, Procurement and General Services Manager, referred to a powerpoint presentation regarding the Request for Proposals; demonstration of equipment by Redflex, ATS and Siemens; the evaluation process; the recommendation by staff to award the contract to Redflex; a review of the contract; the installation schedule; and tentative intersection locations. Council members asked questions regarding the issuance of citation to registered owner of vehicle; review of violation by offender; approach locations at intersections and signage; the issuance of tickets by mail: the use of cameras on Texas Department of Transportation locations; a legislative session update regarding revenues; use of mobile cameras; public awareness; and maintenance of equipment. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 16.a. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 53, Traffic, by establishing an Automated Red Light Enforcement Program; providing for publication; and providing for penalties. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye". * * * * * Mayor Garrett called for petitions from the audience. William Kling, 2330 Division, spoke regarding street repairs on Division Road. Johnny French, 4417 Carlton, read responses from City Manager George Noe to some correspondence he had sent regarding the Packery Channel beach area. Luis Corona, 2805 David, provided a petition to support an expansion of the Broadmoor Park Senior Center. Foster Edwards, Chairman of the Convention and Visitors Bureau, reported on positive efforts of the Convention and Visitors Bureau. Hugo Berlanga, 1120 San Antonio Street, Austin, Texas, spoke regarding the legislative agenda for red light cameras and the Texas A & M University — Corpus Christi expansion. Mayor Garrett opened discussion on Item 24 regarding an appeal by Latrice Sellers of the Cable Commission. Assistant City Attorney Lisa Aguilar provided a history of the appeal including the rules and procedures for Public Access Cablecasting; the adopted guidelines for commercial advertising; the violation for commercial advertising issued by the Public Access User Group (PAUG) and the appeal by Latrice Sellers. Ms. Aguilar referred to a video of the program. Barbara Sellers, representative for Latrice Sellers, stated that Ms. Sellers had requested and was never provided training on rules by representatives of the PAUG. Ms. Sellers explained that the program was to discuss a mandatory training for the Corpus Christi area. Bob White, Chairman of the Cable Minutes - Regular Council Meeting January 23, 2007 Page .3 Commission, said the Cable Commission agreed that the program was a clear violation of commercial advertising. Mr. Chesney made a motion to deny the appeal, seconded by Ms. Cooper. City Secretary Chapa polled the Council for their vote as follows: 24 MOTION NO. 2007-026 Motion to deny an appeal by Latrice Sellers of the Corpus Christi Cable Communications Commission's November 20. 2006 decision that a public access show contained commercial programming. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett opened discussion on Item 17 regarding prohibiting a certain activity known as grinding on City property. Police Chief Bryan Smith stated that grinding was the use of the non - wheeled parts of skateboard and rollerblades that cause damage to city property. Chief Smith said the ordinance would not restrict usage of skateboards and rollerblades in City areas but would restrict the act of grinding on City property. There was no public comment. City Secretary Chapa polled the Council for their vote as follows: ORDINANCE NO. 027124 Ordinance amending the Code of Ordinances, Chapter 33, Offenses and Miscellaneous Provisions, by prohibiting certain activity known as grinding on City property; providing for publication; and providing for penalties An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Marez, and Noyola, voting "Aye"; Kinnison and Scott were absent Mayor Garrett opened discussion on Item 18 regarding the endorsement of the Corpus Christi Police Department through the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA) process. Police Chief Bryan Smith provided a powerpoint presentation on the history, goals, and benefits of CALEA. There was no public comment. City Secretary Chapa polled the Council for their vote as follows: 18 RESOLUTION NO. 027125 Resolution supporting and endorsing the Corpus Christi Police Department in its efforts to become a nationally accredited law enforcement agency. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Chesney, Garcia, Kelly, Marez, and Noyola, voting "Aye"; Kinnison and Scott were absent. Mayor Garrett opened discussion on Item 19 regarding amending the City's Code of Ordinance, Chapter 49, Streets & Sidewalks and Chapter 2, Administration. Mary Frances Teniente, Assistant Director of Development Services, presented this item. There was no public comment. City Secretary Chapa polled the Council for their vote as follows: 19 FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 49, Streets and Sidewalks, and Chapter 2 Administration, by authorizing the City Manager to execute Minutes - Regular Council Meeting January 23, 2007 -- Page 9 Standard Form Revocable Use Privilege Agreements or Licenses for pipelines, monitoring/recovery well, or cable and conduit containing cable installation, and other structures or facilities within City rights-of-way and on City -owned property; setting use and application fees; providing *or publication; and providing for an effective date. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent Mayor Garrett opened discussion on Item 20 regarding the Broadway Wastewater Treatment Plant Basin Service Area Sewer Line Rehabilitation. Director of Engineering Angel Escobar said the rehabilitation is to repair cracks and manholes to reduce infiltration and inflows entering the treatment plant. He added that the project include work for the Laguna Madre to correct point repair collapses in the main line services. Mr Escobar provided answers to questions submitted by Erroll Summerlin, Attorney for the Tex Rio Grande Legal Aid and representative of the Hillcrest Residents Association, regarding this item. City Secretary Chapa polled the Council for their vote as follows: 20.a. ORDINANCE NO. 027126 Ordinance appropriating $1,150,483.18 from the unappropriated interest earnings from Wastewater 1995A Capital Improvement Program Fund (SRF) and appropriating $274,851.32 from the unappropriated interest earnings from Wastewater 1999A Capital Improvement Program Fund (SRF) for the Broadway Wastewater Treatment Plant Basin Service Area Sewer Line Rehabilitation; amending the Capital Budget FY 2006-2007 adopted by Ordinance No. 026997 by increasing appropriations by $1,425,334.50. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" 20.b. MOTION NO. 2007-024 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $2,797,000 with Reynolds Inliner, LLC of Orleans, Indiana for the Broadway Wastewater Treatment Plant Basin Service Area Sewer Line Rehabilitation. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett opened discussion on Item 21 regarding the Corpus Christi Fire Fighters' Association collective bargaining agreement. City Manager Noe said this item authorizes the execution of the collective bargaining agreement with the Corpus Christi Firefighters Association. Carlos Torres, President of Corpus Christi Firefighters Association, spoke regarding the ratification of the agreement and the status of the retroactive pay. Council members expressed their concern regarding the date of payment for retroactive pay. City Secretary Chapa polled the Council for their vote as follows: 2'' MOTION NO. 2007-025 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. Minutes - Regular Council Meeting January 23, 2007 - Page 10 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison Marez, Noyola, and Scott, voting "Aye". Mayor Garrett opened discussion on Item 22 regarding the notice of intention to issue certificates of obligation. Director of Financial Services Cindy O'Brien stated that approval of the resolutions would be directing the publication of notice of intent to issue Certificates of Obligation for the projects for reconstruction on Port Avenue and the partial relocation of Flour Bluff Drive and land acquisition and to proceed with preparing necessary documents for sale of General Improvement Bonds. Ms. O'Brien said staff was recommending retaining the service of M.E. Allison as Financial Advisor and McCall, Parkhurst & Horton L.L.P. as Bond Counsel. Angel Escobar, Director of Engineering, provided a timeline of the construction project. There was no public comment. City Secretary Chapa polled the Council for their votes as follows: 22.a. RESOLUTION NO. 027127 Resolution by the City Council of the City of Corpus Christi, Texas, directing publication of Notice of Intention to Issue Combination Tax and Revenue Certificates of Obligation in an amount not to exceed $11,000,000; and resolving other matters relating to the subject. The foregoing resolution was passed and approved with the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent. 22.b. RESOLUTION NO. 027128 Resolution by the City Council of the City of Corpus Christi, Texas, directing the City Manager to proceed with preparing necessary documents to effect the sale of General improvement Bonds in an amount not to exceed $4,000,000; and resolving other matters relating to the subject. The foregoing resolution was passed and approved with the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent. Mayor Garrett opened discussion on Item 23 regarding an amendment to Asset Purchase Agreement and Network Services Agreement with EarthLink, Inc. Oscar Martinez, Assistant City Manager, explained that amendments to the agreement would need to be made to provide alternative provisions if the transaction should be determined taxable and provided an explanation of the amendments. There was no public comment. City Secretary announced that staff provided an amendment to the ordinance as presented to Council. Mr. Garcia made a motion to amend, seconded by Mr. Noyola. City Secretary Chapa polled the Council for their vote as follows: 23 ORDINANCE NO. 027129 Ordinance amending Ordinance No. 027102 that approved the Asset Purchase Agreement by and among EarthLink, Inc. and the City of Corpus Christi, Texas, and the CC Digital Community Development Corporation, and amending Ordinance No. 027103 that acknowledged the Network Services Agreement between EarthLink, Inc. and the CC Digital Community Development Corporation, and agreed to perform all obligations of the Corporation thereunder not performed by the Corporation, in order to approve alternative provisions in the event the transaction is determined to be subject to sales tax. Minutes - Regular Council Meeting January 23, 2007 -- Page 11 An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Chesney and Scott absent. * * * * * * * * Mayor Garrett referred to Item 25, a presentation on the Gas Department Operations. Assistant City Manager Ron Massey said that this presentation was in response to information requested at the Council Retreat on the discussion of activities and possible sale of the Gas Department. David Flores, Acting Director of Gas Operations, referred to a powerpoint presentation including: a history of gas department operations; a map of the gas system; activities including construction, service and maintenance, and measurement and operations; ongoing initiatives including reengineering, skill based pay, infrastructure expansion, automated meter reading, new gas supply contract and gas rate study; revenues and expenditures; gas load development; plan of action to implement business strategy, provide progress reports and implement changes recommended in gas rate study; and the process of a sale. Council members asked questions regarding in-house construction; cost of services comparison with other cities in Texas; marketing of rebates; sale of the gas department; initiation of revised incentive program. and the total current budget. Mayor Garrett referred to Item 26, a presentation on the Americans with Disabilities Act (ADA) Title II Transition Plan/Non-Discrimination Ordinance Quarterly Update. Wanese Taylor - Butler, Human Relations Analyst, referred to a powerpoint presentation including accessibility improvement in public facilities, public programs, site development and education; ADA complaints under the non-discrimination ordinance; and case closure summaries in reference to the Equal Employment Opportunity Commission and Department of Housing and Urban Development contracts Mayor Garrett referred to Item 27, a presentation on the Utility Rate Study Update. Tony Bagwell with HDR Engineering, referred to a powerpoint presentation including a scope and status of the financial planning model; water use patterns based on customer classification and rate design; cost of water service issues; gas utility characterization of financial performance; classification of gas utility customers and use patterns; gas existing rate structure and stabilization; gas marketing issues; and future actions City Manager Noe stated that the goal is to implement the rate study for next fiscal year. Council members asked questions regarding rate impacts; cost of service; industrial customers; stakeholder meetings; the budgeting process; retail of gas and water; and the addition of storm water to be included in the study Mayor Garrett called for Council concerns and reports. Council Member Cooper said that at the Town Hall meeting at Menger Elementary School, several issues were raised regarding multi- family housing and requested that staff investigate. She asked staff about upcoming plans to hold a Neighborhood Initiative program for that area. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 4:07 p m. on January 23, 2007.