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HomeMy WebLinkAboutMinutes City Council - 08/19/2008I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Christi City Council of August 19, 2008, which were approved by the City Council on September 9, 2008. WITNESSETH MY HAND AND SEAL, on this the 9th day of September, 2008. Armando Chapa City Secretary SEAL PRESENT Mayor Henry Garrett Mayor Pro Tem Priscilla Leal Council Members: Melody Cooper* Larry Elizondo, Sr. Mike Hummell Bill Kelly Michael McCutchon John Marez Nelda Martinez MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 19, 2008 - 10:00 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa *Arrived at 10:02 a.m. Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Micah Davidson with Real Life Fellowship and the Pledge of Allegiance to the United States flag was led by Council Member Bill Kelly. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Garrett called for approval of the minutes of the regular Council meeting of July 29, 2008. A motion was made and passed to approve the minutes as presented. Mayor Garrett referred to Item 2 and the following board appointments were made: Civil Service Board/Commission John Silvas (Reappointed) Jessica Davila -Burnett (Appointed) ** * ****** *** Mayor Garrett called for consideration of the consent agenda (Items 3 - 8). There were no comments from the public. City Secretary Chapa announced that Item 7 was removed by staff and replaced with Supplemental Agenda Item 7.b. Mr. Jimmy Dyer requested that Item 6 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2008-216 Motion approving supply agreements with the following companies for the following amounts for water and wastewater treatment chemicals in accordance with Bid Invitation No. BI -0176- 08, based on low bid for an estimated six-month expenditure of $1,656,814. The terms of the contracts will be for six months with options to extend for up to five additional six-month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Water and Wastewater Departments in FY 2008-2009. Minutes — Regular Council Meeting August 19, 2008 — Page 2 Univar Corpus Christi, Texas Liquid Caustic Soda $1,300,940 Total: $1,656,814 Altivia Houston, Texas Sodium Hypochlorite Solution $355,874 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 4.a. ORDINANCE NO. 027809 Ordinance appropriating an amount of $184,732 from the Tankel Estate Reserve in the General Fund to be applied to the purchase of two fire pumper trucks. An emergency was declared, and the foregoing ordinance was ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 4.b. MOTION NO. 2008-217 Motion approving the lease purchase of two (2) ambulances and two (2) fire pumper trucks from the following companies for the following amounts, based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments (HGAC). The ambulances and fire pumper trucks will be used by the Fire Department. Financing will be provided through the City's lease -purchase program. San Antonio Ambulance Sales, Inc. San Antonio, TX Items: 1 $202,858 Total: $1,002,804 Siddons Fire Apparatus, Inc. Houston, TX Items: 2 $799,946 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 5. MOTION NO. 2008-218 Motion approving a supply agreement with M.T. Deason Company, of Birmingham, Alabama for hot tap fittings in accordance with Bid Invitation No. BI -0182-08 based on low bid for an estimated annual expenditure of $67,478.75. The term of the supply agreement will be for twelve months with an option 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 Gas Department in FY 2008-2009. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Minutes — Regular Council Meeting August 19, 2008 — Page 3 7.b. MOTION NO. 2008-220 Motion approving a change in scope to the FY2007 Community Development Block Grant (CDBG) project for the Coastal Bend Alcohol and Drug Rehabilitation Centerdba Charlie's Place from rehabilitation to acquisition and authorizing the City Manager or his designee to execute all necessary and related documents. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 8. MOTION NO. 2008-221 Motion authorizing the City Manager, or his designee, to execute Amendment No. 15 to the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $374,065 for a restated not to exceed total fee of $2,629,069 for the Corpus Christi International Airport Airfield Perimeter Road Improvements, Airport Rescue and Firefighting Facility and Airfield Equipment and Maintenance Facility. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 6 regarding a service agreement for workers' compensation third -party administration services. Jimmy Dyer, Director of Sales and Client Services for Tristar Risk Management provided a background of Tristar and spoke regarding the previous Request for Proposal (RFP) process in 2003; the current RFP requirements; the reasons for not allowing proposers to provide a system demonstration and open exchange during the RFP process; the matrix results; Tristar's quote; claims expense fees; weight of the evaluation; the information provided to committee members; and how the final recommendation was determined. Mr. Dyer asked the Council to consider taking time to review the RFP process findings. Assistant Director of Financial Services Mike Barrera provided an explanation of the evaluation matrix and spoke in support of the recommendation. The following topics pertaining to this item were discussed: the current third party administrator; the difference in the current and previous quotes provided by F.A. Richard; the score provided to American Administrative Group for profile and qualifications; the reason for evaluating American Administrative Group if the RFP was not complete; whether approval of this item has to be taken today; the most important evaluation criteria; whether there is anything about the process that would make the results predictable; how the total award amount is determined; re-evaluation after the bidding process; whether staff develops the criteria; whether there was a pre-bid meeting; and whether all of the proposers were provided equal access to the evaluation criteria. Council Member McCutchon suggested that staff consider developing a standard procedure for the RFP process to prevent questioning of the process. City Secretary Chapa polled the Council for their votes as follows: 6. MOTION NO. 2008-219 Motion approving a service agreement with F. A. Richard & Associates, Inc., of Mandeville, Louisiana for workers' compensation third -party administration services, in accordance with Request for Proposal Number BI -0053-08, for an estimated two-year expenditure of $1,086,935.38, of which $493,228.72 is required for the remainder of FY 2008-2009. The Minutes — Regular Council Meeting August 19, 2008 — Page 4 term of the service agreement will be for two years with an option to extend for up to two additional twelve-month periods subject to the approval of the service provider and the City Manager or his designee. This service will be used by the Human Resources Department in administering the City's workers' compensation claims. Funds are budgeted in the Liability and Employee Benefits Workers' Compensation Fund. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal was absent. ************* Mayor Garrett opened discussion on Item 13 regarding an agreement with the Corpus Christi Regional Economic Development Corporation (EDC). Director of Economic Development Irma Caballero explained that the City and EDC have established policies and procedures through a Memorandum of Understanding and a consulting services agreement. Ms. Caballero stated that this item is for approval of the consulting services agreement and provided a brief explanation of the changes made from the existing agreement. Roland Mower, President of the EDC, was available to respond to questions. The following topics pertaining to this item were discussed: the number of members on the board of directors and performance reports. Mayor Garrett suggested that the EDC invite Council Members to attend their monthly meetings. Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, stated that the EDC is doing excellent work to develop and retain jobs in the City. City Secretary Chapa polled the Council for their votes as follows: 13. MOTION NO. 2008-223 Motion authorizing the City Manager or his designee to execute an Agreement between the City of Corpus Christi and the Corpus Christi Regional Economic Development Corporation (EDC) whereby the EDC will promote economic development in the Corpus Christi Bay area for an annual fee of $475,000. The term of the agreement is August 1, 2008 through July 31, 2009. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent. Mayor Garrett referred to Item 11, and a motion was made, seconded and passed to open the following public hearing on the proposed ad valorem tax rate increase: 11. Public Hearing on Proposed Ad Valorem Tax Rate Increase. Director of Financial Services Cindy O'Brien stated that the state property tax code requires that two public hearing be held when a taxing unit proposes to impose an amount of property taxes that exceeds the preceding year's property taxes. Ms. O'Brien referred to a powerpoint presentation including definitions of the effective and rollback tax rates; history of assessed valuation; history of ad valorem tax rates; rates for 2008; tax rate facts; and additional information. Minutes — Regular Council Meeting August 19, 2008 — Page 5 J.E. O'Brien, 4130 Pompano, spoke regarding the debt service rate for FY2007-2008 and FY2008-2009; the issuance of the 2008 tax notes; the effective tax rate; and reducing the interest and sinking fund (I&S) rate. Mr. O'Brien stated that he did not intent to request to reduce the maintenance and operation rate because the Council was planning to adopt a 2.5% pay raise for city employees. Bill Kopecky, 3609 Topeka, spoke regarding Bond 2008 reducing the debt services rate. Mr. Marez made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mayor Garrett stated that during the September 9, 2008 Council Meeting beginning at 10:00 a.m. at City Hall, the Corpus Christi City Council will vote on the proposed tax rate. Mayor Garrett referred to Item 9, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0608-01, Dr. Pedro Diaz: A change of zoning from a "F -R" Farm -Rural District to a "13-4" General Business District, on property described as a 20.36 acre tract out of Lots 23 and 24, Section 20, Flour Bluff and Encinal Farm and Garden Tracts located along the west side of Rodd Field Road between Brooke Road and Slough Road. City Secretary Chapa stated that the Planning Commission recommended denial of a "B-4" General Business District, and in lieu thereof, approval of a "R -1B" One -family Dwelling District on four acres out of Lot 23, Section 20, Flour Bluff and Encinal Farm and Garden Tracts (Tract 1), located across from Brooks Road, and approval of a "B-4" General Business District on 16 acres of Lot 24, Section 20, Flour Bluff and Encinal Farm and Garden Tracts (Tract 2), located along Rodd Field Road. City Secretary Chapa stated that staff recommended denial of a "B-4" General Business District, and in lieu thereof, approval of an "R -1B" One -family Dwelling District on Tracts 1 and 2. Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including an area location map; view of subject property; 2007 aerial photograph; "F -R" Farm -Rural District uses; "B-4" General Business District uses; photos of the subject property; the existing land use map; the future land use map; and the recommendations by the planning commission and staff. The following topics pertaining to this item were discussed: access from Brooks Road; the location of the existing culvert; the difference between the two recommendations; the proposed project for the subject property; "13-4" allowances; the master plan for the area; the opposition to the zoning change; the applicant's reaction to the staff and planning commission recommendations; discussions with the applicant or the planning commission to partially change Tract 2 to "B-4"; the need for additional culverts; whether the two tracts are unplatted; the lack of a site plan; and whether staffs recommendation is based on the future land use map. John Kelley, 413 Waco, spoke regarding the legibility of the agenda attachments on the City's website. Abel Alonzo, 1701 Thames, spoke regarding the comments made in opposition to the zoning change. Mr. Kelly made a motion to substitute the ordinance with staffs recommendation. The motion was seconded by Mr. Elizondo and passed. 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 Council Meeting August 19, 2008 — Page 6 9. ORDINANCE NO. 027810 Amending the Zoning Ordinance, upon application by Dr. Pedro Diaz, by changing the Zoning Map in reference to 20,36 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 20, Lot 23 and Lot 24 from "F -R" Farm -Rural District to "R-16" One -family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved as substituted with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent. Mayor Garrett referred to Item 10, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0708-03, Texas Funding Corporation: A change of zoning from an "A-2" Apartment House District to a "13-1" Neighborhood Business District resulting in a change of land use from residential to commercial on property described as Paul Court Subdivision, Block 13, Lot 12 located on the southwest corner of Lipan and Josephine Streets between City Hall and the Crosstown Expressway. City Secretary Chapa stated that the Planning Commission and staff recommended denial of the" 13-1" Neighborhood Business District and in lieu thereof, approval of an "A-2" Apartment House District with a Special Permit subject to seven (7) conditions. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Kelly, and passed. Mr. Chapa polled the Council for their votes as follows: 10. ORDINANCE NO. 027811 Amending the Zoning Ordinance, upon application by Texas Funding Corporation, by changing the Zoning Map in reference to Paul Court Subdivision, Block 13, Lot 12 from an "A-2" Apartment House District to an "A-2/SP" Apartment House District with a Special Permit for the speculative zoning purposes in the sale of the property, subject to a site plan and seven (7) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; and providing for publication. An emergency was declared, and the foregoing ordinance was ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent. Mayor Garrett called for a brief recess to present proclamations and listen to public comment. ************* Mayor Garrett called for petitions from the audience. Blue Jay, 922 Booty, invited the Council to attend the Corpus Christi Hooks game to listen to him sing the national anthem on Thursday, August 21, 2008. Mr. Jay asked to speak to the Council prior to the vote on the Bond 2008 issue. Benito P. Barrera, 4221 Beard Drive, spoke regarding the need to change the City Charter. Johnny Minutes — Regular Council Meeting August 19, 2008 — Page 7 French, 4417 Carlton thanked Council Member McCutchon for revisiting the issue of vehicular access on the beach and beach erosion. Jerry Garcia, Southside Youth Sports Complex, spoke regarding the projects in the Bond 2008 issue. Susie Luna Saldana, 4710 Hake!, asked the Council to consider including neighborhood work in the Bond 2008 issue. Heather Mortershon, Chairperson for the Sister City Committee, presented a gift on behalf of Playa Del Carmen and the official sister city agreement. Ms. Mortershon said the Sister City Committee would make a formal presentation to the Council regarding the trip to Playa Del Carmen and thanked Council Member Melody Cooper and staff members for attending. Rene Saenz, 6022 Sweet Gum, thanked the Council for passing the resolution on the Human Relations Commission 4 -year Scholarship program and appealed to the Council to include neighborhood issues in the Bond package. Sue Tavin, 2922 Persimmons, spoke regarding improving streets in neighborhoods. Jerome Bradford spoke regarding environmental safety concerns in the Northside area. John Torrey, 7253 Yaupon Drive and on behalf of Captain Hook, ask that the City to meet with BFI to improve procedures for dumping at the landfill. Katherine Irigoyan, 2925 Persimmons, spoke regarding issues in the Crestmont area and provided a petition to repave the streets and services drives. Mayor Garrett referred to Item 17 regarding community outreach for the Ingleside Local Redevelopment Authority (LRA). Rosie Collin, Project Manager, introduced Mayor Stella Herrman with the City of Ingleside and CEO of the Ingleside Chamber Sandi Ridgley. Ms. Collin referred to a powerpoint presentation including an aerial view; background of Ingleside LRA; composition of the LRA; redevelopment plan and purpose; property description; aerial of the cage; the welcoming event with Congressman Solomon P. Ortiz; outreach to stakeholders; homeless outreach; plans and submission; the hiring of RKG Associates Inc.; and the vision. Mayor Herrman thanked the Council for their participation in the project. Mayor Garrett called for discussion on Item 16 regarding discussion and consideration of placing a ballot measure on the November4, 2008 election to restrict vehicular access to and on the portion of the Gulf of Mexico beach seaward of the concrete portion of the Padre Island seawall. Council Member McCutchon stated that this item is a proposal for total vehicular restriction on a portion of the beach in front of the Padre Island seawall. Dr. McCutchon added that over the last month he has received input from the key stakeholders in this issue. Dr. McCutchon provided information on issues that have been discussed with the Texas General Land Office regarding support of a temporary band and re -nourishment of the beach. Dr. McCutchon referred to a drawing of the Padre Island seawall detailing his proposal for bollards where the width is less than 150 feet and the location of physical blockades for major changes including re -nourishment. Mayor Garrett called for comments from the audience. Lou Lutostanski, property owner, addressed the safety issues at the beach and asked the Council to consider placing this item on the ballot to let the voters decide. Tish Mende, manager of property on the island, stated that visitors to the area have safety concerns regarding traffic on the beach. Ms. Mende also asked questions regarding the installation of bollards. Cliff Schlabach, 122 Whitely and the Coastal Bend Chapter of Surfriders, spoke regarding the concern for safety and the success of bollard systems in other areas. Mr. Schlabach stated that the Surfrider Foundation supports the bollard system as part of the compromise for the beach. Norm Baker, Padre Island Business Association (PIBA), stated that board of the PIBA supports this issue. Hal Suter, 1002 Chamberlain and Chairman of the Beach Access Coalition, stated that the Beach Access Coalition offered a compromise of a bollard system in 2006. Mr. Suter added that this compromise is a good step in the right direction. Bob Allego, 15629 Three Fathom Drive, spoke regarding coastal erosion; safety issues; and enforcement. Neil Minutes — Regular Council Meeting August 19, 2008 — Page 8 McQueen, Local Chapter of Surfriders and Beach Access Coalition, stated that he thought this compromise was a good idea to resolve the public safety issues and ensure, enhance, and preserve beach access. Johnny French, 4417 Carlton, spoke regarding the lease requirements for Packer/ Channel and asked the Council to consider making the ballot langue regarding the location of bollards as broad as possible. The following topics pertaining to this item were discussed: whether a public vote is required to segregate pedestrian safety areas on the beach; whether establishing a kid's play area with bollards to stop traffic would require a vote of the public; the ballot language; whether other sections by the seashore have seawalls; beach re -nourishment; the current plan to install bollards; and future amendments to the beach access management plan. Dr. McCutchon made a motion to include a proposition in the November election restricting vehicular access to and on the Gulf Beach seaward of portions of the concreter Padre Island Seawall where the width of the beach between the toe of the seawall and mean high tide is less than 150 feet. Effect of Ballot Measure: If this ballot measure is adopted, and is approved by the General land Office, an ordinance will take effect that designates the portion of the City's Gulf of Mexico beach seaward of the concrete Padre Island seawall to all vehicular traffic by prohibiting driving on the portion of the beach with a width of less than 150 feet between the toe of the seawall and mean high tide. There is an exception that allows emergency vehicles, vehicles used to maintain the beach, and vehicles used to provide beach related services under a permit issued by the City to drive on that portion of the beach. The motion was seconded by Ms. Martinez. The foregoing motion was passed with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly abstained. City Secretary Chapa polled the Council for their votes as follows: 16. ORDINANCE NO. 027814 Calling an election to obtain the approval of a majority vote of the qualified voters of the City of Corpus Christi to restrict vehicular access to and on the portion of the Gulf of Mexico beach seaward of the concrete portion of the Padre Island seawall; and providing for publication. The foregoing ordinance was passed and approved as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly abstained. (Note: Motion was made, seconded and passed to incorporate this ordinance with Item 14, Ordinance No. 027813. See page 10 and 11 of these minutes.) ************* Mayor Garrett referred to Item 18 regarding a potential long-term South Texas Aggregation Project (STAP). Director of Intergovernmental Relations Rudy Garza introduced General Counsel to STAP Geoffrey M. Gay. Mr. Garza provided a brief background of the City's relationship with the STAP project. Mr. Garza stated that this item is a consideration of how the City will receive power for 2009. Mr. Gay referred to a powerpoint presentation including the STAP goals in seeking a long term power agreement; gas to electricity weekly price index; delivered natural gas and coal price Minutes — Regular Council Meeting August 19, 2008 — Page 9 history and projections; the level of capacity and demand projections for Texas; wholesale energy rate estimates; long term contract plan; estimated long term contract costs; contract projections; and the 2009 saving analysis for the City. The following topics pertaining to this item were discussed: the impact on debt ratings; energy rate estimates; whether the costs analysis includes the City's interest payments; the cost of energy over the last five (5) years; the non -bypassable rates; withholding power; the amount of prepayment; the reason that Cities Aggregation Power Project, Inc. (CAPP) and STAP are preparing this contract; dramatic market changes; disclosure statements; other energy sources; the risks associated; how CAPP and STAP were created and whether they are non-profit organizations; the average annual electric bill; the estimated 2009 retail price with or without long term contracts; deregulation; the reason the panhandle of Texas pays lower rates; and the timeframe of the contract. Mayor Garrett opened discussion on Item 12 regarding Corpus Christi Bayfront Development Implementation Plan Phase I (Shoreline Realignment Phase 1). Raymond Gignac, Gignac & Associates, referred to a powerpoint presentation including the scope of the project; a map of the project area; the project description of the base bid; examples of the base bid features; and considerations for Alternatives 1, 2, 3, 4, 5, 6, and 7. The following topics pertaining to this item were discussed: the shade structure at the kiosk; the reasons the wind turbines have vertical access; the original concept presented to the voters; whether Alternatives 1-7 were included in the original concept; the cost to include all of the Alternatives; parking spaces; the scope of work that the recommendation includes; the preliminary project budget; the project contingency; cost savings; the financing description of the project that includes up to Alternative 2; the change in contractors for increasing Alternatives; the reason that the original bid did not include up to Alternative 2; the bidding process; whether the timeframe includes consideration for natural elements; the addition of CIP funds; whether using additional funding is due to the absence of a construction management contract; how the amount of funding was dictated; whether additional debt can be issued; the saving generated by wind turbines; whether Alternatives can be done out of sequence; whether there was a consideration to award the contract to the contractor who could complete the project faster; and options for including Alternatives 1-4. Mayor Garrett called for comments from the audience. Darryl Haas, Haas -Anderson, spoke regarding the maintenance of wind turbines and Haas -Anderson as the low bidder if the Council considered adding the alternates. Bart Stevens, Salinas Construction, spoke regarding the services of Salinas Construction. Ms. Martinez made a motion to amend the resolution to increase the aggregate maximum principal amount not to exceed $5.6 million. The motion was seconded by Mr. Marez. The foregoing motion passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". City Secretary Chapa polled the -Council for their votes as follows: 12.a. RESOLUTION NO. 027812 Resolution expressing official intent to reimburse costs of Corpus Christi Bayfront Development Implementation Plan - Phase 1. (Shoreline Realignment Phase 1) Minutes — Regular Council Meeting August 19, 2008 — Page 10 The foregoing resolution was passed and approved as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Ms. Martinez made a motion to amend Item 12.b. to execute a construction contract with Haas -Anderson Construction, Ltd. for Base Bid and Alternatives 1-4 in the amount not to exceed $14,622,748. The motion was seconded by Mr. Marez. The foregoing motion passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". City Secretary Chapa polled the Council for their votes as follows: 12. b. MOTION NO. 2008-222 Motion authorizing the City Manager, or his designee, to execute a construction contract with Haas -Anderson Construction, Ltd., of Corpus Christi, Texas in an amount not to exceed $14,622,748 for the Bayfront Development Implementation Plan - Phase 1 Improvements for Base Bid and Additive Alternative Nos. 1, 2, 3, and 4. The foregoing motion was passed and approved as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 14 regarding the Special Election to be held on November 4, 2008. City Manager Noe explained that this item is for the approval of the ballot language for the November 4th Bond election. City Manager Noe stated that changes had been made to the previous proposal to include the Al Kruse Tennis Court and reduce the price of the Greenwood project. City Manager Noe provided a brief overview of the propositions and the two versions of the ballot language. There was a general consensus of the Council to use the long version of the ballot language. The following topics pertaining to this item were discussed: the ballot language used in 2004; cost estimates for the service drives in the Crestmont area; the deadline for approval of the ballot language; Council Member Leal requested that the record reflect that she asked for cost estimates for the service drives in the Crestmont area and did not receive support to make changes to the Bond projects within District 3 to include the service drives. Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, stated that he hoped the community would work together to ensure that the Bond 2008 issue passes. Mr. Hummell made a motion to incorporate and consolidate the ordinance approved under Item 16 into the Election Ordinance (Item 14) as proposition #8 to be titled "Seawall Beach Access and Safety" and to include the ballot wording as moved by Dr. McCutchon, seconded by Ms. Martinez and approved by the Council. The motion was seconded by Dr. McCutchon and passed. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly abstained. Dr. McCutchon made a motion to change the ballot language on Proposition 7 to read Bayfront Development Plan Phase 3. The motion was seconded by Ms. Cooper. Minutes — Regular Council Meeting August 19, 2008 — Page 11 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". City Secretary Chapa polled the Council for their votes as follows: 14. ORDINANCE NO. 027813 Ordinance ordering a Special Election to be held on November4, 2008, in the City of Corpus Christi on the questions of authorizing obligations of the City supported by Ad Valorem Taxes; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint Election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance and declaring that this ordinance shall be effective immediately upon its adoption by City Council, in accordance with provisions of V.T.C.A., Government Code, Section 1201.028. An emergency was declared, and the foregoing ordinance was ordinance was passed and approved as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez voting "Aye". Mayor Garrett opened discussion on Item 15 regarding an amendment to the Compensation and Comprehensive Plan. Director of Human Resources Cynthia Garcia explained that in August the Council approved the personnel ordinance to provide for a 2.5% pay increase for civilian employees and 5% range adjustment effective September 1, 2008 should the certified tax rolls increase in value such that the City could afford the increase. Ms. Garcia added that the certified tax rolls do not provided sufficient funds to the budget. Ms. Garcia provided a new recommendation to grant the 2.5% pay raise effective November 24, 2008 and to increase the pay ranges by the same amount. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 15. FIRST READING ORDINANCE First Reading Ordinance -Amending the Code of Ordinances, Chapter 39, Personnel, Article III Employee Compensation and Classification System, to provide 2.5% pay range adjustment to address market position for Pay Plans 100, 400, 500(b), 600, 900, and 1000 effective 11/24/2008, provide a 2.5% pay increase to employees in Pay Plans 100, 300, 400, 500(b), 600, 900, and 1000 effective 11/24/2008, repealing all other ordinances, and rules, or parts of ordinances and rules, in conflict with this ordinance; providing for an effective date. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye": Cooper was absent. (Ms. Martinez was originally absent during the vote on Item 15. There was a consensus of the Council to allow Ms. Martinez to record her vote.) Mayor Garrett recessed the regular Council meeting to hold a meeting of the Corpus Christi Housing Finance Corporation (CCHFC). Minutes — Regular Council Meeting August 19, 2008 — Page 12 ************* Mayor Garrett reconvened the regular Council meeting. Dr. McCutchon made a motion to reconsider the executive session regarding Tufts Cove Investment Corporation, N.V. from the August 12th council meeting and place it on the August 26`h agenda. The motion was seconded by Mr. Hummell. 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. Council Member Hummell asked the Council to consider contributing to the Diabetes Foundation. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 6:28 p.m. on August 19, 2008.