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HomeMy WebLinkAboutMinutes City Council - 08/26/2008I 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 26, 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 *Arrived at 12:35 p.m. **Arrived at 10:18 a.m. ***Arrived at 10:22 a.m. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 26, 2008 - 10:15 a.m. City Staff: City Manager George K. Noe Interim Assistant City Manager Angel Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Dr. Sam Gutierrez with Cornerstone Church and the Pledge of Allegiance to the United States flag was led by Mayor Henry Garrett. 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 August 12, 2008. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * Mayor Garrett called for a brief recess to continue the Council workshop on the utility trust fund analysis and development impact fees. * * * * * * * * * * * * * Mayor Garrett reconvened the regular Council meeting. Mayor Garrett referred to Item 14, and a motion was made, seconded and passed to open the public hearing on the ad valorem tax rate increase: Director of Financial Services Cindy O'Brien explained that this item was the second public hearing that is required by the state property tax code when an amount of property taxes imposed exceed the preceding year's property taxes. Ms. O'Brien stated that the FY2008-2009 operating budget includes the proposed tax rate of $0.563846 per $100 valuation. Ms. O'Brien added that the proposed tax rate does not exceed the rollback rate of $0.578152 but does exceed the effective tax rate of $0.548464 which means that the proposed tax rate produces more property tax revenues than the preceding year because of the increased property values. Mayor Garrett called for comments from the audience. J.E. O'Brien, 4130 Pompano, spoke regarding tax increases from taxing entities; fund balances; the debt services fund; the effective tax rate; and the issuance of tax notes. Mr. O'Brien asked the Council to consider reducing the debt service taxes (I&S rate) to provide a little tax relief. Minutes — Regular Council Meeting August 26, 2008 — Page 2 Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Marez, 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 2 and the following board appointments were made: Cable Communications Commission Leadership Committee for Senior Services Latrice Sellers (Appointed) Vicki N. Garza (Appointed) Mayor Garrett called for consideration of the consent agenda (Items 3 - 12). There were no comments from the public. Council members requested that Items 3 and 10 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 4. ORDINANCE NO. 027817 Ordinance appropriating $3,848.21 into the Library Capital Improvement Program (CIP) Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources: $1,573.99 from unappropriated interest earnings from the Library CIP Fund No. 3210 and $2,274.22 from royalties from oil, gas, and mineral interests bequeathed to the City from the estate of William T. Neyland; changing FY 2007-2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $3,848.21. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 5. MOTION NO. 2008-224 Motion to reinstate the FY 2007 Community Development Block Grant (CDBG) funding agreement with Universal Little League and to authorize the City Manager or his designee to execute an amendment to extend the term of the agreement through January 31, 2009. 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. MOTION NO. 2008-225 Motion authorizing the City Manager or his designee to execute Change Order No. 5 for installation of a new replacement air conditioning system in the amount of $51,800.60 for a restated not to exceed total contract price of $892,903.39 with Van Fleet Construction, of Kingsville, Texas for the Anita and W. T. Neyland Public Library. 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. Minutes — Regular Council Meeting August 26, 2008 — Page 3 7. MOTION NO. 2008-226 Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the consultant contract with HDR, Inc., of Corpus Christi, Texas in an amount not to exceed $124,935 for a revised contract value of $223,835 for final processing of the digital photography, delineation of impervious cover, assignment of impervious cover to individual parcels and verification of remote -sensed data for storm water utility rate implementation services. 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. 8. MOTION NO. 2008-227 Motion authorizing the City Manager or his designee to proceed with the AEP proposal for installation of a new street light system on Up River Road from McKinzie Road to Rand Morgan Road. The City's aid -to -construction cost estimate for this portion of Up River Road is $85,000. 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. 9. MOTION NO. 2008-228 Motion authorizing payment of the Special Commissioners Award in the amount of $66,275 in connection with condemnation of Parcel 10, owned by D&E Development Corp., for fee simple property rights to 0.897 acres of land and a Temporary Construction Easement containing 0.43 acres, both located along the west side of Rodd Field Road between Brooke Road and Saratoga Boulevard, necessary for the Master Channel 27 Drainage Improvement Project and for other related public purposes. 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. 11. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 33, Offenses and Miscellaneous Provisions, to establish Article VIII, regarding rules of operation for City maintained cemeteries; providing for publication; providing for penalties. 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. 12. ORDINANCE NO. 027819 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. (First Reading 08/19/08) Minutes — Regular Council Meeting August 26, 2008 — Page 4 The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 3 regarding a gift agreement and appropriation of grant funds for the Anita & W.T. Neyland Public Library. In response to Council Member Marez, Director of Libraries Herb Canales stated that the library opening is scheduled for September 6th at 2;00 p.m. Council Member Marez spoke regarding the Council's commitment to support the libraries. City Secretary Chapa polled the Council for their votes as follows: 3.a. RESOLUTION NO. 027815 Resolution authorizing the City Manager or his designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries, in the amount of $6,000 for the purchase of computers for the Anita and W. T. Neyland Public Library. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 3.b. ORDINANCE NO. 027816 Ordinance appropriating $6,000 into the General Fund No. 1020, Organization No. 12810, Account No. 520100 for the purchase of computers for the Anita and W. T. Neyland Public Library from the Friends of Corpus Christi Public Libraries; changing FY 2008-2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $6,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 10 regarding an appropriation of estimated revenues in the rental of the ballfields located at 4025 Greenwood for ballfield maintenance. Council Member Leal asked questions regarding the cost for the maintenance positions and whether the cost included benefits. Director of Parks and Recreation Sally Gavlik stated that the estimated cost for salaries including benefits was $70,000 annually. Council Member Leal stated that she had requested that the lease of the three fields at the Greenwood Youth complex be given to the International Westside Pony League. Ms. Leal added that the International Westside Pony League said that they would bring the fields to playable conditions at no cost to the City. Ms. Leal stated that she would not support funding $100,000 for the department to maintain the fields. Ms. Leal expressed concern regarding the maintenance of the fields and made a motion directing the City Manager to award the lease of the fields located at 4035 Greenwood to International Westside Pony League. The motion died for lack of second. The following items pertaining to this topic were discussed: the staff recommendation to provide access to both International Westside Pony League and Westside Little League and include the needs of other leagues in the City; whether the City taking over responsibility of fields is only being considered for the Westside; conversations with other leagues regarding the City managing fields; the hiring of staff; the proposed pilot program; whether the complex would generate revenue; whether this process will be forced upon other little leagues; whether the City current is maintaining other fields; whether the entities were maintaining the fields; termination of the lease with Westside Little League; the number of fields that International currently maintains; and scheduling of the fields. Minutes — Regular Council Meeting August 26, 2008 — Page 5 City Secretary Chapa polled the Council for their votes as follows: 10. ORDINANCE NO. 027818 Ordinance appropriating $20,700 in the General Fund No. 1020 from the estimated revenues in the rental of ballfields located at 4025 Greenwood for ballfield maintenance; changing FY 2008-2009 Operating Budget adopted by Ordinance No. 027776 to increase both estimated revenues and appropriations by $20,700 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Elizondo and Leal voting "No"; Cooper was absent. Mayor Garrett called for petitions from the audience. Curly Mellinger, International Westside Pony League, spoke in opposition of the City taking responsibility of the fields at the Westside Pony League and asked questions regarding the reasons for a pilot program. Joan Veith, 5701 Cain, thanked Assistant City Manager Oscar Martinez and staff for their work in correcting an error on her water bill. Benito Barrera, spoke regarding the appeal on the council health insurance. Jack Gordy, 4118 Bray, spoke regarding violations to the City Charter and placing the appeal for the council health insurance on the agenda. Jeanne Adams, 215 Louisiana; Peggy Duran, 4022 Congressional Drive; Emily Olivares, 4205 Dody; and Ann Smith, 1005 Meadowbrook Drive, asked the Council to consider placing a resolution on the agenda calling for a moratorium of the death penalty. CliffAtnip, 358 University, asked the council to reconsider action regarding Zoning Case 0608-01, Dr. Pedro Diaz, and place the zoning case on the next agenda. Mayor Garrett opened discussion on Item 15 regarding the Norma Urban Park Master Plan. Director of Parks and Recreation Sally Gavlik introduced Chip Urban, representative of the Urban family, to present the design of the park. Mr. Urban stated that Norma Urban requested that Elizabeth Richter design the plan for improving the park. Mr. Urban described the details of the park including the plaza area; the foliage; the mesquite trees; the Australian pine labyrinth; benches; and sculptures. Mr. Urban added that the plan is recommended for approval by the Parks and Recreation Committee and the Marina Advisory Committee. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 15. RESOLUTION NO. 027820 Resolution approving the Norma Urban Park Master Plan The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. f** x w*•* a n x t* Minutes — Regular Council Meeting August 26, 2008 — Page 6 Mayor Garrett announced the executive session, which were listed on the agenda as follows: 22. Executive session under Texas Government Code Section 551.071, regarding Cause Number 04-4001 B, Tufts Cove Investment Corporation, N.V. vs. City of Corpus Christi, in the 117th District Court of Nueces County, Texas, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session and the following motion was passed with the following vote: 22. MOTION NO. 2008-233 Motion authorizing the City Manager to settle Cause No. 04-4001 B; Tufts Cove Investment Corporation, N.V. vs. City of Corpus Christi, in the 117th District Court of Nueces County, in accordance with the terms of the proposed settlement agreement. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell and Kelly were absent. Mayor Garrett referred to Item 20 regarding a report on the London Independent School District. Director of Education Initiatives JoAnn Hooks explained that this presentation from London ISD is the first of a series of presentations by school districts to allow superintendents to provide the Council with an overview of the district demographics; highlight programs, activities and curriculum; and district's challenges. Superintendent Charley McMath introduced the representatives of the district as follows: Board President Scott Frazier; Board Vice President John Sendejar; Board Secretary Jennifer Beach; Trustees Anita Magee and Pat O'Connell; Principal Clay Campbell; and Assistant Principal Jessica Gutierrez. Mr. Frazier provided an overview of London ISD's history; campus facilities and location of the school district. Mr. Sendejar presented information on the academic status including the accountability ratings; school philosophy; additional course offerings; educational classroom excursions; after school educational enrichment program; and sports program. Mr. O'Connell spoke regarding the district information; district map; district information; and property values and tax rates. Mr. McMath presented the background of the bond program; examples of Phase I and Phase II of the bond; view of the property; London ISD' future; and needs. Mayor Garrett referred to Item 19 regarding an update on BoldFuture for the Coastal Bend Visioning Initiative. President of Texas A & M University — Corpus Christi (TAMU-CC) Dr. Flavius Killebrew thanked the Council for support of the BoldFuture project and for the opportunity to provide an update of Phase I. Dr. Killebrew provided a background of the project; the guiding principles; the community co-chairs; and community participation. Chair of the Del Mar College Board of Regents Chris Adler provided information on the foundation of the initiative; the phases and timeline of the project; funding; website; and community outreach. Ms. Adler announced that the first community meeting is scheduled for Wednesday, September 17°i at the Del Mar College Center for Economic Development from 6:30 to 8:30 p.m. Chief of Staff for TAMU-CC Dr. Mary Sherwood highlighted the telephone survey results including the best and least reasons that people like living in the Coastal Bend; primary issues facing the area; and the changes needed to achieve a vision for the area. Assistant to the President for Community Relations at Del Mar College Claudia Jackson provided a brief overview of the Minutes — Regular Council Meeting August 26, 2008 — Page 7 community profile including the demographics; economy; employment; education; and health. Ms. Jackson recognized representatives of the committee. Council Member Marez requested that the membership include representatives from the labor groups. Mayor Garrett referred to Item 13, and a motion was made, seconded and passed to open the public hearing on the following street right-of-way: 13. Public hearing and First Reading Ordinance to consider abandoning and vacating a 3,782.34 -square foot portion of the Columbia Parkway public street right-of-way, located just south of the Trojan Drive public street right-of-way; subject to owner's compliance with the specified conditions. Deputy Director of Development Services Johnny Perales stated that the closure of Columbia Parkway was requested on behalf of Members First Bank and was approved by the Transportation Advisory Committee and passed the reviewed and approval by the Fire Department. No one appeared in opposition to the street closure. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Marez, and passed. Mr. Chapa polled the Council for their votes as follows: 13. FIRST READING ORDINANCE To consider abandoning and vacating a 3,782.34 -square foot portion of the Columbia Parkway public street right-of-way, located just south of the Trojan Drive public street right- of-way; subject to owner's compliance with the specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 16 regarding Street Overlay Clusters 1, 2, 3, and 4. Interim Director of Engineering Services Kevin Stowers explained that this item is requesting the appropriation of $1,550,000 for the 2008 street overlay project; appropriation of $1.1 million from the Corpus Christi Business and Job Development Corporation for the northbound portion of Shoreline Drive adjacent to the seawall; award of two construction contracts; and a construction materials testing agreement. In response to Mayor Garrett, Mr. Stowers said the timeline for the Shoreline project is between 120 and 180 days. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 16.a. ORDINANCE NO. 027821 Ordinance appropriating an amount of $1,550,000 of the unappropriated fund balance in the General Fund No. 1020 for the 2008 Street Overlay projects; changing the FY 2008-2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $1,550,000. Minutes — Regular Council Meeting August 26, 2008 — Page 8 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 16.b. ORDINANCE NO. 027822 Ordinance appropriating an amount of $1,100,000 of the unappropriated fund balance in the Seawall Improvement Fund No. 1120 for the 2008 Street Overlay Project (North Bound Shoreline Portion); changing the FY 2008-2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $1,100,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 16.c. MOTION NO. 2008-229 Motion authorizing the City Manager or his designee to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas, in the amount of $2,105,100.90 for the Street Overlays Cluster 2 for the Total Base Bid. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 16.d. MOTION NO. 2008-230 Motion authorizing the City Manager or his designee to execute a construction contract with Haas -Anderson of Corpus Christi, Texas, in the amount of $7,181,425.20 for the following projects: • Street Overlays Cluster 1 for the Total Base Bid in the amount of $2,088,546.00. • Street Overlays Cluster 3 for the Total Base Bid in the amount of $1,943,789.70. • Street Overlays Cluster 4 for the Total Base Bid plus Additive Alternate Nos. 1, 2, and 3 in the amount of $3,149,089.50. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 16.e. MOTION NO. 2008-231 Motion authorizing the City Manager or his designee to execute a construction materials testing agreement with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $97,882 for the Street Overlays Clusters, 1, 2, 3, and 4 project. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 17 regarding the creation of a formal Development Services Advisory Committee. Assistant City Manager Bob Nix explained that the Council instructed staff to present an ordinance formalizing the Development Services Advisory Group (DSAG). Mr. Nix stated that the DSAG group is not in support of the ordinance. Mr. Nix explained that the ordinance Minutes — Regular Council Meeting August 26, 2008 — Page 9 provides for the creation and purpose of the committee; composition; duties and responsibilities; practices of the committee; and the development of subcommittees to discuss special issues. Mr. Nix added that the current DSAG committee has approximately 30 members and meets informally. Mayor Garrett called for comments from the audience. Lon Hipp, Chairman of the DSAG committee, provided a background of the creation of the DSAG group and said that the committee has worked together for the last 4'14 years. Mr. Hipp stated that the membership is currently 30 plus members with all types of expertise and expressed concern with limiting the membership to 11 representatives. Mr. Hipp added that the informal meeting process allows members the ability to talk through issues. The following topics pertaining to this item were discussed: the consequences for creating a formal committee; whether the committee would have to comply with the Open Meetings Act; opportunities for neighborhood group involvement; powers of the formalized committee; whether it is staffs perception that the informal group discussion is a valuable tool to enhance Development Services; how the DSAG committee dictates the timetable of projects; whether ground rules can be set for DSAG without creating an informal committee; increasing membership; representation on the committee; whether the DSAG committee has authority; the reason that a formal committee and the DSAG committee can not co -exist; the possibility of dissolving the DSAG and replace the group with a monthly Assistant City Manager of Development Services Forum Group for developers; whether staff believes the DSAG committee should be changed; and the appointment process for the DSAG committee and original number of members. There was a general consensus of the Council to withdraw the ordinance. FIRST READING ORDINANCE Amending Article IV, Miscellaneous Boards, Commissions and Committees, Chapter 2, Administration, the Code of Ordinances, City of Corpus Christi, to create the Development Dr. McCutchon made a motion to rescind the council directive that all development services items be brought before the Development Services Advisory Committee (DSAG) and institute the following parameters: 1) that the DSAG committee has no authority over city staff and 2) the DSAG committee may not direct the staff to undertake any project or to take any action. The motion was seconded by Ms. Martinez. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 18 regarding the Oso Water Reclamation Plant transfer to the Greenwood Wastewater Treatment Plant. Interim Assistant City Manager Angel Escobar provided a background of this item. Mr. Escobar stated that staff recommended transfer4.0 MGD wastewater from the Oso Service Area to the Greenwood Wastewater Treatment Plant and that there were four routes evaluated. Mr. Escobar added that Routes 1 & 2 are longest and shortest routes, Routes 3 and 4 are comparable to its costs but that Route 3 is recommended. Mr. Escobar said that staff also recommends increasing the Greenwood Wastewater Treatment Plan capacity from 12 MGD to treat 16.0 MGD which is already permitted. Dr. Peggy Blass, Alan Plummer Associates, stated that there was no guarantee that the City could get a permit within the five (5) year period. Minutes — Regular Council Meeting August 26, 2008 — Page 10 Mayor Garrett called for comments from the audience. John Wallace, 12 Camden, stated that he represented land owners adjacent to the proposed southside sewer plant and spoke regarding the future development of the City. Jimmy Dodson, land owner in the London Corridor, spoke in favor of the transfer option that staff recommended and the growth of the City. Bill Brown, 5830 McArdle, spoke in support of the transfer to the Greenwood plant. The following topics pertaining to this item were discussed: the property purchased by the City for the proposed southside plant; the additional cost to transfer the flow to Greenwood; the engineer report from 2005; the perception that a wastewater plant would deter redevelopment; the cost comparison between a Southside Wastewater Treatment Plant and the transfer to Greenwood; increasing capacity at the Oso station; the Texas Commission on Environment Quality (TCEQ) time period for approval of a permit; timeframe for completion of the project; the rule regarding the average flow at the plant before the design phase needs to be planned; whether there is a guarantee that the City could receive a permit for the Southside plant; whether there is an existing permit at the Greenwood plant; whether the previously approved 4 MGD to Greenwood was to accommodate growth in the Greenwood Basin not for the transfer to Oso; and whether a Southside Plant would eventually be needed. City Secretary Chapa polled the Council for their votes as follows: 18. MOTION NO. 2008-232 Motion authorizing the City Manager or his designee to proceed with the actions necessary to transfer the flows from the Oso Water Reclamation Plant Service Area to the Greenwood Wastewater Treatment Plant as proposed by the Wastewater Master Plan. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummel! voting "No". x*•♦•* f w* t• e w Mayor Garrett and the Council Members thanked City Manager Noe for his service and commitment to the community. City Manager Noe thanked City staff for their accomplishments and the City Council for their support and work they do for the community. Mr. Noe also thanked his family and the citizens of the City. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 4:08 p.m. on August 26, 2008.