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HomeMy WebLinkAboutMinutes City Council - 12/11/2007I HEREBY CERTIFY that the foregoing is a time and correct copy of the minutes of the Regular Meeting of the Corpus Christi City Council of December 11, 2007, which were approved by the City Council on December 18, 2007. WITNESSETH MY HAND AND SEAL, on this the 18th day of December, er, 2007. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 11, 2007 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Melody Cooper Council Members: Larry Elizondo, Sr. Mike Hummel' Bill Kelly Priscilla Leal Michael McCutchon John Marez Nelda Martinez 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 Council Member Nelda Martinez and the Pledge of Allegiance to the United States flag was led by Council Member Larry Elizondo. Mayor Garrett called for approval of the minutes of the regular Council meeting of November 20, 2007. 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: Corpus Christi Aquifer Storage and Recover Conservation District Airport Director Fred Segundo (Appointed) Interim Assistance City Manager Angel Escobar (Appointed) Assistant City Manager Margie Rose (Appointed) Corpus Christi Regional Economic Development Corporation Gene Guernsey (Reappointed) North Padre Island Development Corporation (Replaced current NPlD members with the following Council Members) Henry Garrett (Appointed) John Marez (Appointed) Melody Cooper (Appointed) Larry Elizondo (Appointed) Mike Hummel' (Appointed) Priscilla Leal (Appointed) Mike McCutchon (Appointed) Nelda Martinez (Appointed) Mayor Garrett opened discussion on Item 24 regarding the Watershore and Beach Advisory Committee. City Secretary Chapa stated that Item 24 clarifies the membership of the Corpus Christi Convention and Visitors Bureau (CVB) member as either a board member or an employee of the CVB. Council Member Leal asked questions regarding the reasons for the membership including a Minutes — Regular Council Meeting December 11, 2007 — Page 2 hotel owner and CVB representative and the duties of the Watershore and Beach Advisory Committee. Director of Parks and Recreation Sally Gavlik said the membership of the committee was created to provide equal representation to include property owners on North Padre and Mustang Island and the CVB because of their work with tourists and events for the beach area. Ms. Gavlik also provided the duties of the committee. City Secretary Chapa polled the Council for their votes as follows: 24. ORDINANCE NO. 027523 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2, regarding membership f the Watershore and Beach Advisory Committee; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. * * * * * * * ** ** Mayor Garrett returned to Item 2 and the following board appointments were made: Watershore and Beach Advisory Committee Joanna Mott (Appointed) Neil McQueen (Appointed) Robert Thomas (Appointed) Jake Herring (Appointed) Jim Needham (Appointed) JoAnn Gilbertson (Appointed) Linda Walsh (Appointed) Kimberly Lemley (Appointed) Kyle Garrison (Appointed) * * * * * * * * * * * * Mayor Garrett called for the City Manager's report. City Manager Noe announced that the Council would start receiving their agenda packets on Wednesdays starting in January and explained the impacts created by that change. Mr. Noe asked Council to advise him of their availability on either January 14th or January 21st from 8:30 to 3:00 p.m. for a midyear retreat to review or modify the Council goals and priorities. Mr. Noe said staff is providing an engineering report regarding repairs need at the Watergarden. Mr. Noe said the Environment Projects Office is operational and working on reviewing compliance issues at the Wastewater Department and the certification of the O.N. Stevens Water Treatment Lab. Mr. Noe congratulated the Human Resources Department, Municipal Information Department, and other departments for receiving recognition from the Ideal chapter oftheAmerican Society for Training and Development (ASTD) as one of the "Best Places to Learn." * * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (items 3 - 23). Mr. Bill Kopecky requested that Item 22 be pulled for individual consideration. Mr. John Kelley requested that Item 23 be pulled for individual consideration. Council members requested that Items 3, 4, 14, and 18 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting December 11, 2007 — Page 5.a. ORDINANCE NO. 027506 Ordinance appropriating $162,000 subject to receipt of funds from the sale of used golf carts in the Golf Center Fund No. 4690 for procurement of 140 golf carts; changing the FY 2007- 2008 Operating Budget adopted by Ordinance No. 027352 by increasing estimated revenues and appropriations by $162,000 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye"; Cooper was absent. 5.b. MOTION NO. 2007-305 Motion approving the purchase of 30 golf carts from E- -G Textr n/S uthwe t, of Hurst, Texas based on only bid for the total amount of $99,960. Funding is available in the Golf Center Fund. 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. 5.c. MOTION N .2007-306 Motion approving the lease purchase of 110 golf carts from E -Z -G fTextr n/Southwest, of Hurst, Texas based on only bid for the total amount of $366,520. Funding will be provided by the City's lease purchase financing contractor Grand Total (B) & (C): $466,480 The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummel', Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye"; Cooper was absent. 6.a. MOTION N .2007-307 Motion authorizing the City Manager or his designee to accept grant funding in the amount of $14,999.61 from the Texas Department of Transportation for an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Police Department with a City match of $5,957.01 and to execute all related documents. 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. 6.b. ORDINANCE NO. 027507 Ordinance appropriating $14,999.61 from the Texas Department of Transportation for funding of an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Police Department in No. 1061 Police Grants Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye"; Cooper was absent. Minute — Regular ular Coun it Meeting December 11, 2007 — Page 7.a. MOTION NO. 2007-308 Motion authorizing the City Manager or his designee to accept a grant in the amount of $92,921.14 from the State of Texas, Criminal Justice Division to continue the Violence Against Women Act (VAWA) grant within the Police Department for Year 8 with a city cash match of $42,741, in-kind match of $10560 for a total project cost of $146,222.14 and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye"; Cooper was absent. 7.b. ORDINANCE NO. 027508 Ordinance appropriating $92,921.14 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Violence Against Women Act (VAWA)Fund, transferring $27,611 from the No. 1020 General Fund and appropriating in the No. 1061 Police Grants Fund as grant matching funds. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, flare , and Martinez, voting "Aye"; Cooper was absent. 8.a. MOTION NO. 2007-309 Motion authorizing the City Manager or his designee to accept a grant in the amount of $65,914 from the State of Texas, Criminal Justice Division for first year funding of a Sex Offender Investigative Unit grant in the Police Department with a City match of $21,564, for total grant application of $87,478, and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting {`Aye"; Cooper was absent. 8.b. ORDINANCE NO. 027509 Ordinance appropriating $65,914 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for first year funding for the Sex Offender Investigative Unit, transferring $9,758 from the No. 1020 General Fund and appropriating in the No. 1061 Police Grants Fund as grant matching funds. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye"; Cooper was absent. 9.a. RESOLUTION NO. 027510 Resolution authorizing the City Manager or his designee to submit a grant application to the Coastal Bend Council of Governments in the amount of $25,000 for recycling and anti -litter education. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting ,Aye"; Cooperwas absent. Minutes — Regular Council Meeting December 11, 2007 — Page 9.b. RESOLUTION NO. 027511 Resolution authorizing the City Manager or his designee to submit a grant application to the Coastal Bend Council of Governments in the amount of $6,120 for carts to carry Household Hazardous Waste (HHW) and for non -corrosive shelving for the HHW Storage Building located at the Citizens Collection Center. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting `Aye"; Cooper wa absent. 9.c. RESOLUTION] NO. Q27512 Resolution authorizing the City Manager or his designee to submit a grant application to the Coastal Bend Council of Governments in the amount of $3,000 for training and educational supplies for the new Clean City Programs Coordinator. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye"; Cooperwas absent. 10. RESOLUTION NO. 027513 Resolution authorizing the City Manager or his designee to submit a grant application to the Coastal Bend Council of Governments in the amount of $45,000 for the FY 2008-2009 Regional Solid Waste Grants Program to provide funding for a technical study focusing on tire reclamation and recycling for parks materials. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, ll, Kelly, Leal, McCutchon, Mare , and Martinez, voting `Aye"; Cooper wa absent. 11. RESOLUTION NO,_ 02751 Resolution authorizing the City Manager or his designee to submit a grant application to the Coastal Bend Council of Governments in the amount $11,298.50 for Litter and Illegal Dumping Cleanup and Community Collection Events. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye"; Cooperwas absent. 12. ORDINANCE NO. 027515 Ordinance appropriating $51,633.19 in developer contributions and ${45,507.12 in interest earnings for a sum of $97,140.31 in the No. 4720 Community Enrichment Fund for park improvements; changing Ordinance No. 026908 which adopted the FY 2007-2008 Operating Budget to increase appropriations by $97140.31. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummel', ll, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Are"; Cooper was absent. Minutes — Regular Council Meeting December 1 I , 2007 — Page 13. ORDINANCE NO. 027516 Ordinance appropriating $39,333 from the Coastal Bend Council of Governments, amending the FY 2007-2008 budget, adopted by Ordinance No. 027352 to increase appropriations by $39,333 in the No. 1020 General Fund Police Department budget to pay for equipment for the MetroCom Computer Training Center. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 15. ORDINANCE NO. 027518 Ordinance appropriating $12,273.06 from abandoned unclaimed monies from the Police Property Room, amending the FY2007-2008 budget, adopted by Ordinance No. 027352 to increase appropriations by $12,273.06 in the No. 1020 General Fund Police Department budget to pay for unbudgeted building maintenance projects. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummel', Kelly, Leal, McCutchon, Mar , and Martinez, voting "Aye"; Cooper was absent. 16.a. MOTION N . 2007-310 Motion authorizing City Manager or his designee to authorize the purchase of an Oracle Database Enterprise Edition license and first year maintenance support for $36,600; and consulting services for an amount not to exceed $95,052.30 from Mythics, of Virginia Beach, Virginia to assist in the tasks to upgrade the Enterprise Oracle Database to version 10g. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye"; Cooper was absent. 16. b. M TI N NO. 2007-311 Motion authorizing the City Manager or his designee to approve the purchase of continued annual maintenance costs from Oracle USA, Inc., of Reston, Virginia for software updates and product support of the Oracle Database Enterprise Edition software subject to annual appropriation of funds based on sole source. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummel', Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye"; Cooper was absent. 17. ORDINANCE NO. 027519 Ordinance authorizing the resale of five (5) properties for $29,577.71 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $2,758.30, plus $8,665.65 for partial payment of City paving and demolition liens. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummel', Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Minutes — Regular Council Meeting December 11, 2007 — Page 7 19.a. MOTION NO. 2007-312 Motion authorizing the City Manager or his designee to execute a construction contract with Epoxy Design Systems, Inc., of Houston, Texas in the amount of $162,000 for the O.N. Stevens Water Treatment Plant Clearwell No. 2 Repair for the Total Base Bid No. 1. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, I'lllar , and Martinez, voting "Aye"; Cooper was absent. 19.b. MOTION N , 2007-313 Motion authorizing the City Manager or his designee to execute a construction contract with Garrett Construction, of Ingleside, Texas in the amount of $100,153.20 for the O.N. Stevens Water Treatment Plant Clearwell No. 2 Repair for the Total Base Bid No. 2. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, ll, Dally, Leal, McCutchon, I1are , and Martinez, voting "Aye"; Cooper was absent. 2. MOTION N . 2007-314 Motion authorizing the City Manager or his designee to execute Change OrderN. 9 to the construction contract with SLC Construction L.P., of Conroe, Texas in the amount of $192,173.86 as part of the Lindale/Chenoweth Subdivision Area Drainage Improvements, Phase 1, Part B for the Lifecycle replacement f a waterline associated with this project. 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. 21. MOTION N . 2007-315 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Engineering Management Services Contract with GGE Consulting Engineers, Inc., of San Antonio, Texas in an amount not to exceed $60000 for a restated total fee of $106,000 for Water Department Operations and Management Services. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Mar , and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 3 regarding the purchase of trucks for various departments. Council Member Leal asked questions regarding the difference between the unit prices for bid items nine (9) and ten (10). Assistant Director of Financial Services Michael Barrera said the specifications for the trucks are different based on the needs of the Wastewater and Parks departments. Ms. Leal requested a list of the different specifications for each truck. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION N . 2007-303 Motion approving the purchase of seven (7) heavy trucks and lease -purchase of ten (10) heavy trucks from the following companies for the following amounts based on low bid in accordance with Bid Invitation No. B1-0025-08 fora total amount of $1,300,656. The vehicles will be used by Gas, Park Maintenance, Street, Solid Waste, Wastewater, and Water Departments. All seventeen units are replacements to the fleet. Funding is available in the Minutes -- Regular Council Meeting December 11, 2007 - Page 8 Capital Outlay Budget of the Maintenance Services Fund and the respective department operational budgets. Grande Truck Center Corpus Christi Freightliner San Antonio, TX Cornus Christi, TX 12 Units 5 Units Bid Items: 1-3, 5-7 Bid Items: 8-10 $881,448 $419,208 Grand Total: $1}300,656 The foregoing motion 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 4 regarding the purchase of two vactor trucks and the lease purchase of one refuse truck. Council Member Leal asked questions regarding the sources of funding. Assistant Director of Budget Eddie Houlihan said the funding is listed as contractual services in the budget. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2007-304 Motion approving the purchase of two (2) vactor trucks and the lease -purchase of one (1) refuse truck from Grande Truck Center, of San Antonio, Texas in the amount of $708,964. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). These units are replacements to the fleet and will be used by the Storm Water, Wastewater and Solid Waste Departments. Funding is available from the FY 2007-2008 Capital Outlay Budget in the Maintenance Services Fund and the Operations Budget of the Solid Waste Department. Financing for the refuse truck will be provided through the City's lease -purchase financing program. The foregoing motion 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 14 regarding E911 wireless services. In response to Council Member Leal, Police Chief Bryan Smith said this item was not related to the WiFi project. Ms. Leal requested a presentation on the WiFi program. City Manager Noe said the update on the WiFi implementation is scheduled for the December 18th meeting. City Secretary Chapa polled the Council for their votes as follows: 14. ORDINANCE NO._027517 Ordinance appropriating $107,106 from Reserve for Commitment; amending the FY 2007- 2008 budget, adopted by Ordinance No. 027352 to increase appropriations by $107,106 in the No. 1020 General Fund Police Department budget to pay for E-911 wireless services prior to the City negotiating a Wireless Service Agreement. 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. Minutes — Regular Council Meeting December 11, 2007 — Page 9 Mayor Garrett opened discussion on Item 18 regarding the City's Investment Policy. Council Member Leal asked questions regarding the impact of removing the Student Loan Marketing Association; the deletion of the Corpus Christi Health Facilities Development Corporation; and responsibilities of the Corpus Christi Digital Community Development Corporation. Director of Financial Services Cindy O'Brien explained that the Student Loan Marketing Association was privatized and the City can not invest in that type of security. Ms. O'Brien added that the Corpus Christi Health Facilities is no longer an existing corporation and the Corpus Christi Digital Community Development Corporation manages the WiFi program. City Secretary Chapa polled the Council for their votes as follows: 18. RESOLUTION NO___027520 Resolution approving amendments to the City Investment Policy which includes the addition of the Security Lending Program, the removal of the Student Loan Marketing Association as authorized investments for city funds, and other administrative changes. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marren were absent. Mayor Garrett opened discussion on Item 22 regarding the South Guth Park Ball Field Relocation Project. Bill Kopecky, 3609 Topeka, asked why the Corpus Christi Independent School District (CCISD) land was not being considered for this project. City Manager Noe said staff considered the property and would like to acquire this site for future additional recreation facilities. Mr. Kopecky also spoke regarding the Naval Air Station Ground Electronics land; traffic on Paul Jones Avenue; and eminent domain. Council Member Hummell asked whether the resolution authorizes the City to take this property by eminent domain and if there was a way to negotiate the purchase of this property instead of eminent domain. Interim Director of Engineering Services Kevin Stowers said the resolution is to establish the declaration of necessity for the land allowing the acquisition by means of negotiations or the use of eminent domain and explained the process. Mr. Stowers said staffwill advise the Council should negotiations not be reached prior to taking steps of eminent domain. City Secretary Chapa polled the Council for their votes as follows: 22. RESOLUTION NO. 027521 Resolution determining a public necessity to acquire fee simple title to the surface estate only to three parcels of land for a ball field relocation project known as the South Guth Park Bali Field Relocation Project (#3337), from the owners William H. Shireman, et al (Parcel 1), Vickers Family Trust (Parcel 2), and Noy Shockley, et ux {Parcel 3), for the public purpose and use as a ball field park and for other related park purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of negotiations or exercise of the City's power of eminent domain. The foregoing resolution was passed and approved with the foliowing vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutch ri, and Martinez, voting "Aye"; "; Mar was absent. Mayor Garrett opened discussion on Item 23 regarding the abandoning and vacating request by MG Building Materials. John Kelley, 413 Waco, spoke regarding the City vacating property and the use of property for pedestrian paths. Council Member Hummell asked questions regarding the payment of fair market value being waived. Deputy Director of Development Services Johnny Perales said staffs recommended is to waive the fair market value because the City does not have a vested right to the property as it is platted. Mr. Perales added that the City needs to abandon and Minutes --- Regular Council Meeting December 11, 2007 — Page 10 vacate the easement so that the owner can replat the property. In response to Council Member McCutchon, Mr. Perales said the easement splits property lines. City Secretary Chapa polled the Council for their votes as follows: 23. ORDINANCE NO. 027522 Ordinance abandoning and vacating an 8,145.72 -quare foot portion of a 7.5 -foot wide electrical and communications easement (Tract 1) and a 26,353.80 -square foot portion of an electrical and communications easement (Tract 2), out of Lot 8, Block A, ,J lin Tract, located north of and adjacent_to the South Padre Island Drive (SH 358) public right-of-way; and east of the Rodd Field Road street right-of-way; requiring the owner, MG Building Materials, to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martine, voting "Aye"; Marez was absent. * * * * * * * * * * * Mayor Garrett referred to Item 42, a presentation on the 19th Annual "Feast of Sharing." Assistant to the Mayor Linda Lewis and representatives of the `{Feast of Sharing}' Committee provided an oveRtiew of the activities for the "Feast of Sharing" event which will be held at the American Bank Center on Monday, December 24th from 11:00 a.m. to 3:00 p.m. Mayor Garrett referred to Item 43 regarding a presentation on Oso Creek/Oso Bay Greenbelt, Parks and Trail System Master Plan. Director of Parks and Recreation Sally Gavlik referred to a powerpoint presentation including background of the plan; goals to be accomplished; steering committee development priorities; design concepts; current projects; and conclusion. Council members asked questions regarding the Coastal Bend Land Trust; property acquired and owned; expansion f the plan to the northwest, easement rights in front of Oso Creek; public green belt along waterways} how much frontage along Oso Creek is private; funding sources; timeframe for construction; cost breakdown and estimates; and scheduling updates. * * * * * * * * * * * * * Mayor Garrett referred to Item 25, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1007-03, Gary D. QrAy: A change of zoning from an "1_2" Light Industrial District to an 1-3" Heavy Industrial District, resulting in a change of land use from vacant to heavy industrial for Whelan Tract Unit 2, Block 1, Lot 4, located on High Starr Drive, approximately 475 feet north of Leopard Street. City Secretary Chapa stated that the Planning Commission and staff recommended denial of an "1-3' Heavy Industrial District, and in lieu thereof, approval ofan "1-2" Light Industrial District with a Special Permit allowing for the installation and operation of three 3 cryogenic vessels, one (1) CO2 tank, a propane vessel, a propylene vessel, and the 2,400 square foot cylinder filling facility and operations building, subject to a site plan, and approval by the Fire Marshal and Zoning Board of Adjustment. No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes Minutes — Regular Council Meeting December 11, 2007 — Page 11 as follows: 25. ORDINANCE NO. 027524 Amending the zoning ordinance, upon application by Gary D. Gray, by changing the zoning map in reference to Whelan Tract Unit 2, Block 1, Lot 4, from "1-2" Light Industrial District to "1-2/SP" Light Industrial District with a special permit to allow for the installation and operation of three cryogenic vessels, one (1) CO2 tank, a propane vessel, a propylene vessel, and the 2,400 square foot cylinder filling facility and operations building, subject to a site plan and approval by the Fire Marshal and Zoning Board of Adjustment; amending the Comprehensive Plan to unt fr any deviatin from the existing Comprehensive Plan; providing for a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Hummell, Felly, Leal, McCutchon, and Martinez, voting "Aye"; Elizondo and Marez were absent. Mayor Garrett referred to item 26, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1107-01 Turner Industries LLC: A change of zoning from a "R-1 B" One -family Dwelling District to a "B-4" General Business District on Tract 1 (3726 acres) and "1-3" Heavy Industrial District on Tract 2 (31.926 acres) on property described as 3.726 acres of land (Tract 1) and 31.926 acres of land (Tract 2) both out of the Consolidated El Paso Irrigation & Manufacturing Company State Survey 500, Abstract 582, located at the intersection of IH -37 and Ciarkwood Road. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "B-4" General Business District on Tract 1 and denial of the "1-3" Heavy Industrial District on Tract 2, and in lieu thereof, an "I-2/SP" Light Industrial District with a Special Permit on Tract 2 and subject to five conditions. No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 26. ORDINANCE NO. 027525 Amending the zoning ordinance, upon application by Turner Industries, LLC, by changing the zoning map in reference to Consolidated El Paso Irrigation & Manufacturing Company State Survey 500, Abstract 582, from "R-1 B" One -family Dwelling District to "B-4" General Business District on Tract 1 (3.7"26 acres) and "I-2/SP" Light Industrial District with a Special Permit to allow for the development of a pipe fabrication facility on Tract 2 (31.926 acres); amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty, providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Are"; Marez was absent. Mayor Garrett referred to Item 27, and a motion was made, seconded and passed to open the following public hearing: Minutes — Regular Cun it Meeting December 11, 2007 — Page 12 Public hearing and First Reading Ordinance to consider abandoning and vacating a 2.975 acre tract of undeveloped and unsurfaced, dedicated public right-of-way (Del Oso Road), out of Lots 6-7, Section 16, and Lots 1-3, Section 17, Flour Bluff and Encinal Farm and Garden Tracts, located west of the Ennis Joslin Road public right-of-way, and south of the South Alameda Street public right-of-way; subject to compliance with the specified conditions. John Kelley, 3621 Austin, asked the Council to consider rejecting staff's recommendation and make this area a pedestrian pathway. City Manager Noe said this item is related to the transaction with Texas A & M University —Corpus Christi. Interim Assistant City Manager Angel Escobar stated that this portion of the property will be retained by the City as part of the Oso Golf Course cart paths. Council Member Hummell asked questions regarding the location of the platted area. Staff responded. Ms. Martinez made a motion to close the public hearing, seconded by M. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 27. FIRST READING ORDINANCE Ordinance to consider abandoning and vacating a 2.975 acre tract of undeveloped and unsurfaced, dedicated public right-of-way (Del Oso Road), out of Lots 6-7, Section 16, and Lots 1-3, Section 17, Flour Bluff and En inal Farm and Garden Tracts, located west of the Ennis Joslin Road public right-of-way, and south ofth South Alameda Street public right-of- way; subject to compliance with the specified conditions. The foregoing ordinance was passed and approved n its first reading with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. Mayor Garrett called a brief recess to present proclamations and listen to public comment. Mayor Garrett called for petitions from the audience. Nita Smith, 13518 King Phillip Court, spoke regarding attempts to have the Building Inspections Department enforce building and construction codes at a home in her neighborhood. Wendell Williams, 1408 Stillman Avenue, spoke regarding street sweeping in the Hillcrest area. John Kerley, 3621 Austin, spoke regarding the police firing range. Joan Veit, 5701 Cain Drive, invited the Council to attend the Corpus Christi Barrios Association Christmas Breakfast at La Siesta Restaurant on December 15th at 9:00 a.m. John Watson, Managing Director of the Arts Center, thanked the Council for increasing funding for the Arts Center. Rosemary Reed spoke regarding drainage problems at Northwest Estates due to the removal of dirt to create a retention pond. Phil Rosenstein spoke regarding the condition of Lindale Senior Center and including improvements in the 2008 Capital Improvement Program. J.E. O'Brien, 4130 Pompano, spoke regarding the use of eminent domain and City appointments. Ram Chavez, 1642 Sandalwood Drive, thanked the City for their partnership with locating sites for a veteran's cemetery. Pat Suter, 1002 Chamberlain, spoke regarding recycling efforts. Susie Luna Saldana, 4710 Hakel, spoke regarding input on agenda items not being allowed during the public comment section. Dan Vera, 818 Savage Lane, spoke regarding increased utility rates. City Secretary Chapa announced that Item 28 has been rescheduled for the January 8, 2008 meeting. Minutes — Regular Council Meeting December 11, 2007 -- Page 13 28. RESCHEDULED FOR/O8/08 Mayor Garrett opened discussion on Item 30 regarding the debt management policy. Director of Financial Services Cindy O'Brien introduced Financial Advisor Mark Seal with N.E. Allison and Bond Counsel Jeff Leuschel with McCall, Parkhurst & Horton, L.L.P. Ms. O'Brien referred to a powerpoint presentation including the purpose ofthe policy; objectives; responsibilities; debt instruments; debt limits; coverage requirements; fund balance requirement; methods of sale; debt financing tools; and other topics included in the policy. J.E. O'Brien, 4130 Pompano, spoke regarding revenue bonds and asked the Council to adopt a policy to not issue revenue bonds in excess of the amount paid off the preceding year. City Secretary Chapa polled the Council for their votes as follows: 30. FESLLJTIN N.Q27526 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, McCut h n, Marez, and Martinez, voting "Aye"; Elizondo was absent. follows: 44. Mayor Garrett announced the executive sessions, which were listed on the agenda as 45. Executive session under Texas Government Code Section 551.071 regarding legal services agreement with Pawl Gosselink of Lloyd, Gosselink, Blevins, Rochelle &Townsend, P.C. for assisting the City of Corpus Christi with litigation regarding the Gulley Hurst Landfill, at an hourly rate of $250, subject to certification of funds, with possible discussion and action related thereto in open session. 46. Executive session under Texas Government Code Section 551.071 regarding legal services agreement with Martin Rochelle of Lloyd, Gosselink, Blevins, Rochelle & Townsend, P.C. for assisting the City of Corpus Christi with litigation regarding the Greenwood Wastewater Treatment Plant, at an hourly rate of $250, subject to certification of funds, with possible discussion and action related thereto in open session. 47. Executive session under Texas Government Code Section 551.071 regarding Texas Commission on Environmental Quality RN1 1 10327 and RN101610400, Docket No. 2007- 1436 -MWD -E; D -E; Enforcement Case No. 34626, with possible discussion and action related thereto in open session. Minutes — Regular Council Meeting December 11, 2007 — Page 14 The Council went into executive session. The Council returned from executive session and the following motions were passed with the following vote: 45. MOTION N . 2007-318 Motion to execute a professional legal services agreement with Paul Gosselink f Lloyd, Gosselink, Blevins, Rochelle & Townsend, P.C. for assisting the City of Corpus Christi with litigation regarding the Gulley Hurst Landfill, at an hourly rate of $250, subjecttcertification of funds. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, M Cut hors, Marez, and Martinez, voting "Aye". 46. MOTION NO. 2007-319 Motion to execute a professional legal services agreement with Martin Rochelle of Lloyd, G s elinl , Blevins, Rochelle & Townsend, P.C. for ai ting the City of Corpus Christi with litigation regarding the Greenwood Wastewater Treatment Plant, at an hourly rate of $250, subject to certifications of funds The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 47. MOTION NO. 2007-320 Motion authorizing the City Manager to execute the proposed agreed order with Texas Commission on Environmental Quality (TCEQ) Enforcement Case No. 34626 and to take further action required thereby. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, M Cut h n, Marez, and Martinez, , voting "Aye". * * * * * * * * * * * * Mayor Garrett referred to Item 29 regarding House Bill 621. Director of Financial Services Cindy O'Brien referred to a powerpoint presentation including the purpose of the presentation, background of HB 621; the impacts of HB 621; options to "opt -out" of exemption; option to not "opt - out"; and staffs recommendation. Council Members asked questions regarding reuetfromthe PortAuthrityfrpting out r exempting the property; option of reversal; the current Freeport exemption; and if opting out keeps the Freeport exemption in place. A motion was made, seconded and passed to open the following public hearing: Public hearing and First Reading Ordinance authorizing the City of Corpus Christi to tax tangible personal property in transit which would otherwise be exempt pursuant to Texas Tax Code, Section 11.253. No one appeared in opposition. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: Minutes — Regular Cun it Meeting December 11, 2007 — Page 15 29. FIRST READING ORDINANCE Ordinance authorizing the City of Corpus Christi to tax tangible personal property in transit which would Otherwise be exempt pursuant to Texas Tax Code, Section 11.253. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, McCutchon, Mar , and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 31 regarding the FY2008 Capital Budget and Capital Improvement Planning Guide. Assistant City Manager Oscar Martinez referred to a p wrp int presentation including the FY2008 Capital Budget revenues and expenditures; three- year hr - y ar revenues by category and program expenditures; CIP planning guide major sections} utility project financing cycle; and proposed cost of service rates for water, wastewater, and gas. Council members asked questions regarding the flexibility of commercial paper; consistency of the use of commercial paper; percentage increase for large volume users; the reason the revenue for grants is projected to decrease by 2010; outside city limits customer information; n; the average size of a water line for a residential home; the determination for the level of priority of capital budget expenditures; percentage of funding already accounted for by prior activity; consolidation and refinancing of bonds; refinancing of Tax Increment Financing Zone No. 2; identification of additional streets; estimated project -to -date expenditures for the Doddridge Street improvements; problems created by storm water projects; impact fees; the elevated water storage tank on Padre Island; increase for street projects; certificates of obligation funding projects; shortage of materials for street repair; the possible inclusion of streets (Kostoryz Road from Staples Street to McArdle Road; Ayers Street at Gollihar Road and South Padre Island Drive, Rodd Field Road and Williams Drive; and Yorktown Boulevard. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 31. FIRST READING NG DI A C E Approving the FY 2008 Capital Budget and Capital Improvement Planning Guide in the amount of $127,275,900. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hu m ll, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 32 regarding an amendment to the platting ordinance. City Manager Noe said this item was the second reading of the proposed changes related to park fees. Council Members asked questions regarding council recommended changes incorporated in the ordinance and the current and proposed amount of land dedicated to parks in a single family area. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minute — RegularCouncil Meeting December 11, 2007 — Page 16 32. O.RplhOk.NcE NO. 027527 Amending the City of Corpus Christi Platting Ordinance by repealing Section IV. G. "Parks and Playgrounds," and adopting a new Section IV. G. "Public Open Space, " to provide for the dedication of park and public open space on the platting of property, the creation of a community enrichment fund and payments thereto, payment of fees in lieu of land dedication, payment of a park development fee, providing for park development improvements, providing for dedication of land or payment of fees after filing of the plat for the property and upon the replat of property, and providing for review of dedication requirements; providing a repealer clause; providing a penalty clause; providing for publication; and providing for an effective date. (First Reading 11/13/07) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, M Cut h n, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 33 regarding consideration of an appeal by Rolando Garza regarding the Corpus Christi Cable Communications Commission. Mayor Garrett explained the procedures of the appeal process. Assistant City Attorney Lisa Aguilar referred to a powerpoint presentation including the rules and procedures for Public Access Cablecasting; requirement for program identification; Public Access Users Group (PAUG) violation notice; and the appeal process to the City Council. Roland Garza provided a background of his public access program and said the notice of violation was sent incorrectly; he stated that there was no evidence of the alleged violation; and that he did not attend the Cable Communications ations meeting because he was not aware the violation was directed for him. Connie Gutierrez, Chairman of the Cable Communications Commission, said Mr. Garza was provided with notification by mail and failed to attend the two meetings of the Cable Communications Commission n t discuss his violation. Holly Houghton, E -Government Services, said she resent Mr. Garza the notice of violation from August 2nd and contacted Mr. Garza by phone regarding the meetings of the Cable Communications Commission. Jack Gordy, PAUG, said he hand delivered the violation letter of August 2nd to Mr. Garza. Council members asked questions regarding whether Mr. Garza's show has aired since the violation; the penalty or options had Mr. Garza attended the Cable Commission meeting; documentation of additional letters sentto Mr. Garza; whether the Cable Commission had another address; conversations between Ms. Gutierrez and Mr. Garza; if Mr. Garza received the August 2nd and/or August 21st letter addressed to him; the possibility that Mr. Garza's show did not have the appropriate tag; who contacted Mr. Garza after he did not appear at the first Cable Commission meeting; if Mr. Gordy had a conversation with Mr. Garza after the August 13th Cable Commission meeting; when Mr. Gordy hand delivered the violation letter, if Mr. Garza was aware he was obligated to appear before the Cable Commission; the different versions of the August 215t letter; Mr. Garza's correct address; verification that Mr. Garza received the letters; violation of rules; if Mr. Garza informed staff that he received an incorrectly addressed letter; the 60 day automatic removal of the show; and the severity of the consequences for not attending the Cable Communications Commission meeting. Ms. Martinez made a motion to refer the alleged violation by Rolando Garza to the Cable Communication Commission for their review and consideration. Mr. Elizondo seconded the motion. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting December 11, 2007 — Page 17 33. MOTION N . 2007-316 Motion to refer the alleged violation by Rolando Garza to the Cable Communications Commission for their review and consideration. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, and Martinez, voting `{Aye"; Hummel], Leal, M Cut h rn, and Marez, voting "No". Mayor Garrett opened discussion on Item 34 regarding the Corpus Christi Business and Job Development Corporation (4A Board) and Turner Industries. Director of Economic Development Irma Caballero said staff is recommending the approval of a performance based agreement between the 4A Board and Turner Industries and a project agreement with the 4A Board to implement and administer the agreement with Turner Industries. Ms. Caballero provided a background of the project. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 34.a. ES LUTI N NO. 027528 Resolution approving a Performance Based Agreement between the Corpus Christi Business and Job Development C rp rati n(4A Board) and Turner Industries Group, L.L.C. granting $1,850000 in business incentives for the capital investment of $10,000,000 and the creation and retention of 185 full-time jobs. The foregoing resolution was passed and approved with the following vote: Cooper, Elizondo, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Garrett and Leal were absent. 34.b. RESOLUTION _3 . 027529 Resolution authorizing the City Manager or his designee to execute a Project Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the agreement to grant business incentives to Turner Industries Group, L.L.C., for the capital investment of $10,000,000 and the creation and retention of 185 full time jobs. The foregoing resolution was passed and approved with the following vote: Cooper, Elizondo, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Garrett and Leal were absent. Mayor Garrett opened discussion on item 35 regarding the Corpus Christi Business and Job Development Corporation (4A Board) and Texas A M University — Corpus Christi TA 1U -CC . Director of Economic Development Irma Caballero said this program is collaboration between the City, TAMU-CC, Del Mar College, and WorkSource to provide an internship for small business programs. Emily Martinez, Economic Development, stated that staff is requesting approval of a performance based agreement between the 4A Board and TAMU-CC and a project agreement with the 4A Board to implement and administer the agreement with Texas A & M University Corpus Christi. Ms. Martinez provided information on the services; program outcome; performance requirements; and payment t requirements. There were no m ent from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting December 11, 2007 — Page 18 35.a. RESOLUTION NO. 027530 Resolution approving a Performance Based Agreement between the Corpus Christi Business and Job Development Corporation (4A Board) and Texas A&M University -Corpus Christi granting $125,929 in business incentives for the operation of an Intern Program to assist small businesses in Corpus Christi. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye" 35.b. RESOLUTION N . 027531 Resolution authorizing the City Manager or his designee to execute a Project Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the agreement to grant business incentives to Texas A&M University -Corpus Christi for an Intern Program to assist small businesses in Corpus Christi. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Grrett opened discussion on Item 36 regarding the Corpus Christi Business and Job Development Corporation (4A Board) and Del Mar College. Ms. Martinez said the item is a request for approval of a performance based agreement between the 4A Board and Del Mar College for operation of an interns program to assist small businesses and a project agreement with the 4A Board to implement and administer the agreement with Del Mar College. Ms. Martinez provided information on the program outcome and payment requirements. There were no mment from the audience. City Secretary Ch pa polled the Council for their vto as follows: 36.a. RESOLUTION NO. 027532 Resolution approving a Performance Based Agreement between the Corpus Christi Business and Job Development Corporation (4A Board) and Del Mar College granting $130921 in business incentives for the operation of an Intern Program to assist small businesses in Corpus Christi. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas absent. 36.b. RESOLUTION NO. 027533 Resolution authorizing the City Manager or his designee to execute a Project Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the agreement to grant business incentives to Del Mar College for an Intern Program to assist small businesses in Corpus Christi. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas absent. Minutes — Regular Council Meeting December 11, 2007 - Page 19 Mayor Garrett opened discussion on Item 37 regarding the Corpus Christi Business and Job Development Corporation (4A Board) and WorkSource. Ms. Martinez said the item is a request for approval of a performance based agreement between the 4A Board and WorkSource for operation of an interns program to assist small businesses and a project agreement with the 4A Board to implement and administer the agreementwith WorkSource. Ms. Martinez provided information on the services, program outcome, performance requirements; and payment requirements. There were no comments from the audience. City Secretary Chapa polled the Council for theirvotes as follows: 37.a. RESOLUTION NO. 027534 Resolution approving a Performance Based Agreement between the Corpus Christi Business and Job Development Corporation (4A Board) and WorkSource of the Coastal Bend granting $22,740 in business incentives for the operation of an Intern Program to assist small businesses in Corpus Christi. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye"; Cooperwas absent. 37.b. RESOLUTION N . 027535 Resolution authorizing the City Manager or his designee to execute a Project Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the agreement to grant business incentives to WorkSource of the Coastal Bend fora Program to assist small businesses in Corpus Christi. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, h are , and Martinez, voting `Aye"; Cooperwas absent. Mayor Garrett opened discussion on Item 38 regarding the Corpus Christi Business and Job Development Corporation (4A Board) and Service Corps of Retired Executives (SCORE). Emily Martinez, Economic Development, explained this item is a request for approval of a performance based agreement between the 4A Board and SCORE to assist small and start-up businesses in Corpus Christi and a project agreement with the 4A Board to implement and administer the agreementwith SCORE. Ms. Martinez provided information on the services, program outcome, and performance requirements. Gaston West, SCORE Program, said small businesses are the ergine that drives the economy. City Secretary Chapa polled the Council for their votes as follows: 38.a. RESOLUTION NO. 027536 Resolution approving a Performance Based Agreement between the Corpus Christi Business and Job Development Corporation (4A Board) and Score Chapter 221 granting $29,167 in business incentives for the operation of a Program to assist small and startup businesses in Corpus Christi. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye" Minutes — Regular Council Meeting December 11, 2007 — Page 20 38.b. RESOLUTION NO. 027537 Resolution authorizing the City Manager or his designee to execute a Project Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the agreement to grant business incentives to Score Chapter 221 for a Program to assist small and startup businesses in Corpus Christi. 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 39 regarding affordable housing projects. Director of Neighborhood Services Yvonne Haag provided information on the proposed amendments between the 4A Board and the Nueces County Community Action Agency and John Mikulencak, d.b.a. Extreme Homes of Texas. Council Member Kelly asked questions regarding the pricing of homes in the area. Rudy Cantu, Nueces County Community Action Agency, said the homes in the Carver Subdivision are priced at $63,000. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 39.a. RESOLUTION NO. 027538 Resolution authorizing the City Manager or his designee to execute the second amendment to the contract between the Corpus Christi Business and Job Development Corporation and Nueces County Community Action Agency for a pilot infill housing project, to extend the term of the program agreement until November 19, 2008, and to expand the area boundaries of the project. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Are" 39.b. RESOLUTION NO. 027539 Resolution authorizing the City Manager or his designee to execute the first amendment to the contract between the Corpus Christi Business and Job Development Corporation and John Mikulencak, d.b.a. Extreme Homes of Texas for new construction homebuyers assistance project, to extend the term of the program agreement and to adjust the amount of the loan of funds to a maximum of $20,000, and the terms of the loan to a deferred forgivable loan and amortized for a term provided by other HUD supported programs. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare } and Martinez, voting 'Aye" Mayor Garrett opened discussion on Item 40 regarding a letter of intent to the Texas General Land Office. City Manager Noe said the resolution is requesting that the State allocated funding for erosion related project. Council Member McCutchon stated that this program is to achieve funding for beach erosion and sargassam. City Secretary Chapa polled the Council for their votes as follows: Minutes -- Regular Council Meeting December 11, 2007 — Page 21 40. RESOLUTION NO. 027540 Resolution requesting Mayor Henry Garrett to send a Letter of Intent to the Texas General Land office for the funding of the importance of beach maintenance; directing the City Secretary to send a certified copy of the resolution to the Texas General Land Office; providing for findings of fact and providing for an effective date. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, M Cutch n, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 41 regarding the appointment of Mike Carrell to the Port of Corpus Christi Authority of Nueces County, Texas. Council Member Hummell stated that the legal issues that need to be addressed include the facts; the law; and how the Council can resolve the situation. Mr. Rummell provided a legal opinion by Attorney Hal George. Mr. Hummel' said he agreed with the findings by City Attorney Mary Kay Fischer that there is not a Texas case on this subject. Mr. Hummell said the City should reference secondary sources to make an evaluation on the propriety of the appointment based on the fact that if the appointment was not valid, the actions of the Port Authority could be void. Mr. Hummell provided a review of the analysis by Ms. Fischer and Mr. George. Council Member Cooper asked Mr. George who retained him to provide the report. Mr. George said Mr. Rummell retained his services to provide the report. Ms. Cooper said there is no Texas law indicating that the appointment could or could not be made. Ms. Cooper expressed her support of Mike Carrell and his service as a Port Commissioner. Council Member Elizondo said the conversations on this item are primarily driven by the fact that the current Council was denied the opportunity to appoint an individual to the Port. Mr. Elizondo added that the discussions today will provide options to either establish appointment policies or challenge the actions of a previous Council. Council Member Kelly asked Mr. George if there was any question that council has the authority to make appointments to the Port Authority. Mr. George responded as long as there is a vacancy. Mr. Kelly asked Mr. George if there was a federal, Texas State case, or statute that says the position has to be vacant. Mr. George said he did not find such research. Mr. Kelly spoke regarding the finality of the appointment. Council Member Leal said she believed that the Port appointment was done to take away the current Council's right to vote. Council Member Martinez asked City Attorney Fischer if in her opinion, the appointment made by the prior City Council was legal. City Attorney Fischer answered yes because there is no Texas case law that dictates that the appointment was invalid. Ms. Martinez commented that Mr. George's brief was based on predictive interpretation. Ms. Martinez said the Council should move forward and have a policy in place regarding future appointments to City boards, commission and committees. Ms. Martinez stated that she would rely on Ms. Fischer's opinion and thanked Mike Carrell for his service. A motion was made by M. Martinez directing staff to bring back a policy for council consideration regarding future appointments to boards, commissions and committees, seconded by Ms. Cooper. City Secretary Chapa polled the Council for their votes as follows: 41. MOTION NO. 2007-317 Motion directing staff to develop a policy for council consideration regarding future appointments to boards, commissions and committees. Minutes — f gular CouncilM tin December 11, 2007 — Page 22 The foregoing motion was passed and approved by the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, McCutchon, and Martinez, voting ;`Aye"; Marez voting "No". Council Member Marez said he was glad that the Council would have a policy. Mr. Marez stated that there was no attempt to circumvent the new Council. Mr. Marez added that his vote in March was for the best person possible and believed that Mike Carrell would have Council support. Council Member McCutchon said the most important appointment is to the Port Authority. Dr. McCutchon added that the Council should have had the opportunity to assess the actions of the Port and the City's appointees which reflect the community. Dr. McCutchon questioned the legality of the appointment. City Attorney Fischer said her opinion is that the appointment is valid until a court rules in the State of Texas that this appointment is invalid. Ms. Fischer added that she can't predict what a court will do. Dr. McCutchon felt there the Council should have redone the appointment and had no doubt that Mr. Carrell would not be appointed. Council Member Hummel' asked City Attorney Fischer if it was still her opinion that the Council can't take action. City Attorney Fischer stated that in her opinion, the appointment is valid until a court rules that it is invalid and because the Council does not have the authority to remove. John Kelley, 3621 Austin, spoke regarding the accountability for the previous actions taken by Council. Carolyn Moon, 4902 Calvin, spoke in support of the appointment policy. Mike Carrell said he appreciated the confidence of the previous Council and asked for ar vote of confidence from the current Council. Butch Escobedo, #3 Great Lakes, said the actions taken by the previous Council should not be overlooked. Roland Garza, spoke regarding ethical decisions and constitutional rights of the media. Robert Cagle, Repco, said the Port moving in right direction and there is a need to keep current team in place Mayor Garrett called for Council concerns and reports. Council Member Leal made an announcement about her grandson, Dennis Michael Chavez, has joined the military. Ms. Leal thanked all City employees for their hard work. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 6:08 p.m. on December 11, 2007.