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HomeMy WebLinkAboutMinutes City Council - 10/14/2008I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Special Meeting of the Corpus Christi City Council of October 14, 2008, which were approved by the City Council on October 28, 2008. WITNESSETH MY HAND AND SEAL, on this the 28th day of October, 2008. Armando Chapa City Secretary SEAL PRESENT Mayor Henry Garrett Mayor Pro Tem Priscilla Leal Council Members: Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Michael McCutchon John Marez Nelda Martinez MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 14, 2008 - 10:00 a.m. City Staff: Interim City Manager Angel R. Escobar Assistant City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Mark Montgomery with Grace United Methodist Church and the Pledge of Allegiance to the United States flag was led by Council Member Larry Elizondo. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Garrett called for approval of the minutes of the regular Council meetings of September 23, 2008 and September 30, 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: Commission on Children and Youth Chandace Tryon (Appointed) Leadership Committee for Senior Services Ruth C. Perez (Appointed) Theresa M. Swirenko (Appointed) Transportation Advisory Committee Joe Ortiz (Appointed) Ethics Commission Dr. Nicholas Adame (Reappointed) James Richard Cramer (Reappointed) Rebecca Esparza (Appointed) Regional Health Awareness Board Patricia E. Mattocks (Appointed) Weed and Seed Steering Committee Wayne C. Meyr (Appointed) Mayor Garrett called for consideration of the consent agenda (Items 3 -14). Mr. Abel Alonzo requested that Item 9 be pulled for individual consideration. Council members requested that Items 3, 5, 7, 8, and 13 be pulled for individual consideration. Council Member Leal announced that she would abstain from the discussion and vote on Item 10. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting October 14, 2008 — Page 2 4. MOTION NO. 2008-259 Motion approving a supply agreement with Vulcan Construction Materials, LP, San Antonio, Texas, for approximately 3,250 tons of cold mix -cold laid asphalt and approximately 7,150 tons of pre -coated aggregate, in accordance with Bid Invitation No. BI -0174-08 based on only bid for an estimated semi-annual expenditure of $454,851. The term of the contract will be for six months with an option to extend for up to five additional six month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Street and the Utility Departments 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". 6. MOTION NO. 2008-261 Motion approving the purchase of one (1) vactor truck from Grande Truck Center, San Antonio Texas in the amount of $279,515. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The vactor truck will be used by the Wastewater Department. This unit is a replacement to the fleet. Funding is available from the FY 2008-2009 Capital Outlay Budget in the Maintenance Services Fund. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 10. RESOLUTION NO. 027887 Resolution authorizing the City Manager, or his designee, to execute the third amendment to the contract between the Corpus Christi Business and Job Development Corporation and Nueces County Community Action Agency (NCCAA) for a Pilot Infill Housing project to utilize remaining land acquisition funds for development costs and green building/energy efficient construction techniques for the remaining eight homes to be constructed. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal abstained. 11. ORDINANCE NO. 027888 Ordinance authorizing the City Manager or his designee to execute a one-year extension agreement of the Airline Use and Lease Agreements with American Eagle Airlines, Inc., Continental Airlines, and Southwest Airlines Co., for use of space at Corpus Christi International Airport and ratifying such extension agreements to be effective August 1, 2008. 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". 12. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 53, Traffic, Schedule V, Section 53-254, (Increase of State Speed Limit in Certain Zones) by establishing a revised speed limit of 70 MPH on U.S. Highway 77 (increasing the speed limit from 55 MPH to 70 MPH) from Minutes — Regular Council Meeting October 14, 2008 — Page 3 Interstate Highway 37 to the City limits south; providing for penalties; providing for publication. 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". 14. ORDINANCE NO. 027889 Authorizing the City Manager, or his designee, to execute a twenty-year lease agreement with Miracle League of Corpus Christi, Inc. for the use of approximately 1.25 acres on the State School Park site, in consideration of Miracle Field construction, use, and maintenance; and providing for publication. (First Reading — 9/09/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 3 regarding drug testing services for City employees. Mayor Garrett asked questions regarding instances when an alcohol breath test is required and the process for sending an employee for testing. Director of Human Resources Cynthia Garcia stated that alcohol breath tests are administered randomly and for reasonable suspicion. Ms. Garcia added that employees suspected of being under the influence during regular business hours are taken to the facility by the City during and after-hours, a representative will meet the employee at the facility. In response to Council Member Marez, Ms. Garcia said that Concentra was made aware of the provision to have two locations but Concentra informed the City that they could not maintain two facilities. Council Member Hummell asked if breath or blood test were administered for alcohol. Ms. Garcia answered that breath tests are required for all employees except police. Mr. Hummell asked for information on the type of method used for breath testing; whether the tests are certified; and who administered the testing. Ms. Garcia stated that an intoxilyzer is used to conduct the testing which is certified and calibrated. Ms. Garcia said the test is administrated by a certified employee and meets the requirements of the Texas Department of Transportation. In response to Council Member Elizondo, Ms. Garcia said the average time for testing takes between 30 minutes to an hour. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2008-258 Motion approving a service agreement with The Doctors' Center of Corpus Christi, TX for drug testing services, in accordance with Request for Proposal No. BI -0071-08, for an estimated three-year expenditure of $326,310 of which $81,577.50 is required and budgeted for the remainder of FY 2008-2009. The term of the service agreement will be for three years 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. This service will be used by all City departments. Funds are budgeted in the Liability & Employee Benefits Fund. 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 5 regarding the lease purchase of two (2) rear steer brush loaders for the Solid Waste Department. Mayor Garrett asked questions regarding whether the trucks were additions or replacements to the fleet; the number of brush loaders the Solid Waste department has; and the number of brush loaders needed. Assistant Director of Solid Minutes — Regular Council Meeting October 14, 2008 — Page 4 Waste Services Lawrence Mikolajczyk reported that the two brush loaders were replacing the two oldest brush loaders. Mr. Mikolajczyk added that the department has eight (8) loaders and requires at least 5 loaders a day to keep up with the routes. Council Member McCutchon requested a report on the age and expected lifespan of the fleet. City Secretary Chapa polled the Council for their votes as follows: 5. MOTION NO. 2008-260 Motion approving the lease purchase of two (2) Rear Steer Brush Loaders from Santex Truck Center, San Antonio, Texas in the amount of $265,216. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments (H -GAC). These units are replacements to the fleet and will be used by the Solid Waste Department. Financing for the rear steer brush loaders will be provided through the City's lease purchase financing program. 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 Items 7 and 8 regarding supply agreements for vehicle and equipment tires and a service agreement for uniformed guard security services at various city facilities. Council Member Leal thanked the businesses referenced in Items 7 and 8 for allowing the Council the opportunity to consider local businesses. City Secretary Chapa polled the Council for their votes as follows: 7. MOTION NO. 2008-262 Motion approving supply agreements with the following companies for the following amounts, for vehicle and equipment tires in accordance with Bid Invitation No. BI -0204-08, for an estimated annual expenditure of $471,676.44. Awards are based on low bid and only bid, on a multiple progressive basis. The term of the contracts will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Maintenance Services and Aviation Departments in FY 2008-2009. Wingfoot Commercial Tire Systems, LLC Corpus Christi, TX Items: 1.2, 1.3, 1.5, 1.6, 1.8-1.12, 1.15-1.17,1.19, 2.2-2.4, 2.6-2.8, 2.10-2.12, 2.14, 3.3, 4.2, 4.3 Total: $398,848.44 Grand Total $471,676.44 Strouhal Tire Corpus Christi, TX Items: 1.13, 2.5, 2.13 Total: $72,828.00 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. 2008-263 Motion approving a service agreement with U.S. Security Associates, Corpus Christi, Texas, for Uniformed Guard Security Services for City Hall, Frost Bank Building, Central Library, Greenwood Library, Janet F. Harte Library and the O.N. Stevens Water Treatment Plant in accordance with Bid Invitation No. BI -0122-08 based on low bid meeting specifications for an estimated annual expenditure of $369,037.50, of which $290,962.50 is budgeted in FY Minutes — Regular Council Meeting October 14, 2008 — Page 5 2008-2009. The term of the contract is for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager, or his designee. Funds have been budgeted by the using departments 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". Mayor Garrett opened discussion on Item 9 regarding Continuum of Care Homeless Assistance. Abel Alonzo, 1701 Thames, thanked the Fire Department for their services and Community Development Administrator Daniel Gallegos for his work with the homeless issue. Mr. Alonzo spoke in support of the homeless and stated that he hoped that the funding would be spent in the most effective, sufficient manner. Council Member Marez asked whether the City made appointment to the Homeless Issue Partnership. Mr. Gallegos stated that the City does not appoint to the committee. City Secretary Chapa polled the Council for their votes as follows: 9. RESOLUTION NO. 027886 Resolution authorizing the City Manager or his designee to submit a "HOME 2009" grant application to the U.S. Department of Housing and Urban Development in the amount of $1,228,303 for Continuum of Care Homeless Assistance and to execute all related documents. 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 13 regarding traffic patterns on Riverwood Road. Council Member Kelly asked whether the action on Item 13.b. changed the intersection of Riverwood Road to a three way stop. Interim City Manager Escobar said the intersection currently has one stop sign and the proposed action would include two additional stop signs. Mr. Kelly expressed concern regarding additional traffic and asked that staff monitor that situation. In response to Mr. Kelly, Mr. Escobar said that drivers will receive warning that a stop sign is being erected. Council Member Kelly also asked staff to consider the construction on Riverwood resulting from the new sewer line as the City is implementing the two-way traffic pattern on Riverwood Road. City Secretary Chapa polled the Council for their votes as follows: 13.a. FIRST READING ORDINANCE Amending the Code of Ordinance, Chapter 53 -Traffic, Section 53-250- Schedule I, One -Way Streets and Alleys, Section (a), by removing current one-way traffic pattern on Riverwood Road to two way traffic in the northbound and southbound direction of travel from F.M. 624 (Northwest Boulevard) to River Hill Drive, at all times; providing for penalties; providing for severance; and providing for publications. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Elizondo, Hummel', Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 13.b. MOTION NO. 2008-264 Motion authorizing the City Manager or his designee to erect a "STOP" sign on River Hill Drive at the intersection of Riverwood Road in the northbound and southbound direction. Minutes — Regular Council Meeting October 14, 2008 — Page 6 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. *„****** ** * * * Mayor Garrett referred to Item 15, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0908-01 Titan Support Systems, Inc.: A change in zoning from a "B-3" Business District to an "1-2" Light Industrial District resulting in a change of land use from commercial to light industrial consisting of light manufacturing on property described as Flour Bluff Park, Block 16, Lots 20 through 25 and 45 through 47, located at 9830 South Padre Island Drive, between McIver Street and Greenbay Drive. City Secretary Chapa stated that the Planning Commission recommended denial of the "1-2" Light Industrial District and, in lieu thereof, approval of a Special Permit for"light manufacturing use for cutting and sewing of fabrics and elastics" without outdoor storage on the subject property and subject to four (4) conditions. City Secretary Chapa stated that the staff recommended denial of the "1-2" Light Industrial District and, in lieu thereof, approval of a Special Permit for"light manufacturing use for cutting and sewing of fabrics and elastics" without outdoor storage on the subject property and subject to six (6) conditions. Pete Alaniz, President of Titan Support System, provided a background of the athletic company and said the company is light manufacturing. Mr. Alaniz said the business would not generate toxic pollution, waste, or noise pollution. Mr. Alaniz added that his company is growing and generates 83% percent of its revenue outside the United States. Mr. Alaniz stated that the company would be beneficial to the community. Mayor Garrett asked whether Mr. Alaniz supported staffs recommendation. Mr. Alaniz said he supported the planning commission's recommendation because the staff recommended restricted hours of operation. The following topics pertaining to this item were discussed: whether the applicant had problems with the landscaping buffers recommended by staff; whether Padre Island Supply was closing; the action the City could take if the hours of operation and noise became a problem; whether the company could work past 6:00 p.m. for special circumstances if the Council voted to approve the special permit for hours of operation; and times for truck deliveries. Dr. McCutchon made a motion to substitute the ordinance recommended by staff and to amend the ordinance by changing the hours of operation to 7:30 a.m. to 10:00 p.m. The motion was seconded by Mr. Kelly. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Abel Alonzo, 1701 Thames, thanked the Council for working with company. 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: 15. ORDINANCE NO. 027890 Amending the Zoning Ordinance, upon application by Titan Support Systems, Inc., by changing the Zoning Map in reference to Flour Bluff Park, Block 16, Lots 20 through 25 and 45 through 47, from "B-3" Business District to "B-3/SP" Business District with a Special Permit to allow light manufacturing use for cutting and sewing of fabrics and elastics without Minutes — Regular Council Meeting October 14, 2008 — Page 7 outdoor storage, subject to six (6) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing for publication. An emergency was declared, and the foregoing 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 announced that Item 16 was postponed at the request of the applicant. 16. POSTPONED Authorizing the City Manager or his designee to execute an Industrial District Agreement the City Council. Mayor Garrett opened discussion on Item 17 regarding support for the establishment of a Bachelor of Science in Mechanical Engineering degree program at Texas A & M University— Corpus Christi (TAMU-CC). Director of Intergovernmental Relations Rudy Garza stated that approval of this item would show local support for the creation of a mechanical engineering degree program for TAMU-CC. Mr. Garza explained that TAMU-CC has been pursing this issue for several years and failed in their efforts during last year's legislation. Mr. Garza explained that the Texas A & M University System has given approval to the local university to pursue this issue and the Texas Higher Education Coordinating Board's Subcommittee has given approval to TAMU-CC to offer the mechanical engineering degree. Mr. Garza added that the issue will be presented to the full board of the Texas Higher Education Coordinating Board on October 23rd Council Member McCutchon said that he was told by some members of the Texas Higher Education Board and legislatures that one of the key reasons that funding didn't come through for the engineering program at TAMU-CC was due to the City's inability to transfer the golf course property to TAMU-CC. Dr. McCutchon stated that the gifting of land next to the sewer plant and the ball fields along Ennis Joslin has allowed for the funding of an engineering program at TAMU-CC and that the local efforts of the City enabled this funding. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 17. RESOLUTION NO. 027891 Resolution expressing the City of Corpus Christi's support for the establishment of a Bachelor of Science in Mechanical Engineering Degree Program at Texas A & M University - 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 18 regarding the 2008 Tax Levy. Interim Director of Financial Services Constance P. Sanchez provided a brief overview of the tax levy for 2008 and the components; the recording of the tax levy revenue to the General Fund, Debt Service Fund and the North Padre Island Special Revenue fund; the collection rate of 96.8%; the TIF budget values; Minutes — Regular Council Meeting October 14, 2008 — Page 8 the estimation of the over -65 tax freeze; and the $800,000 of additional revenue. Council Member Leal asked questions regarding the three funds the revenues are recorded and the amount of the over-65/disabled homestead freeze from 2007. Ms. Sanchez stated that the revenues are recorded in the General Fund, the Debt Service Fund, and the Packery Channel Special Revenue Fund and that the over-65/disabled homestead freeze from 2007 was $1,210,235. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 18. MOTION NO. 2008-265 Motion approving the 2008 Tax Levy of $77,239,474.26 based on the adopted tax rate of $0.563846 per $100 valuation, in accordance with Section 26.09(e) of the Texas Property Tax Code. 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 19 regarding an appropriation of $800,000 from estimated ad valorem tax revenues. Interim Director of Financial Services Constance P. Sanchez explained that the certified tax levy was slightly higher than what was included in the FY2008-2009 budget thus producing the amount necessary to give a 2.5% pay raise adjustment for civilian employees effective November 24, 2008. Ms. Sanchez added that this appropriation of $800,000 is in reference to the general fund only and funding for employees in the other funds will be achieved through salary savings or vacancies in their current operating budget. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 19. ORDINANCE NO. 027892 Ordinance appropriating $800,000 from estimated ad valorem tax revenues in Fund No. 1020 General Fund for pay range adjustments for pay plans 100, 400, 500(B), 600, 900 and 1000 in the Fiscal Year 2008-2009; changing the FY 2008-2009 Operating Budget adopted by Ordinance No. 027776 by increasing revenues and appropriations by $800,000 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 20 regarding the issuance of Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2008. Interim Director of Financial Services Constance P. Sanchez explained that this item has been placed on four (4) prior agenda but due to various reasons the item was pulled each week. Ms. Sanchez stated that the ordinance is structured as a parameter sale whereas the City Council will give the City Manager the authority to issue the bonds within certain criteria and parameters which will allow the City to price the bonds on any given day due to the market. Ms, Sanchez listed the parameters outlined in the ordinance as follows: the maximum interested rate that the City can sell the bonds for is 8%; the certificates must be rated by one of the four (4) highest categories; and limit the underwriters' discount. Ms. Sanchez added that the authority is scheduled to expire in January 2009. Ms. Sanchez introduced Mark Seal with M.E. Allison and Company and Jeff Lueschal with McCall, Parkhurst & Horton, L.L. P. who were available to respond to questions. Minutes — Regular Council Meeting October 14, 2008 — Page 9 Abel Alonzo, 1701 Thames, stated that issuing certificates of obligations saves taxpayers money. The following topics pertaining to this item were discussed: the recent bond rating; how the federal rate will affect municipal bonds; the interest rate in August for Texas municipal loans; whether the expiration date for the authority will allow the City to find better pricing on the municipal bonds; the reason for authorizing up to 8%; the maximum amount to advise the City Manager to sign the bonds; changing the maximum amount to 6%; selection of the financial advisor and bond counsel; the cost of the bond counsel fees for the issuance and re -issuance of the Packery Channel bonds; changing the structure for payment of bond counsel fees; the security of the City investments; a policy for the bond process; and whether the City does financial business with the City Employees Credit Union. Dr. McCutchon made a motion to lower the interest rate from 8% to 6%. The motion was seconded by Mr. Kelly. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Dr. McCutchon requested that staff provide other alternatives for hiring bond counsel prior to issuing other bonds. City Secretary Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 027893 Ordinance by the City Council of the City of Corpus Christi, Texas, providing for the issuance of City of Corpus Christi, Texas, Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2008, in an aggregate principal amount not to exceed $12,000,000; establishing parameters regarding the sale of the Certificates of Obligation; approving the execution of a Purchase Contract; and all other matters related thereto; and providing that this ordinance shall be in force and effect from and after the date of its passage. An emergency was declared, and the foregoing 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 21 regarding the City's Commercial Paper Program. Interim Director of Financial Services Constance P. Sanchez explained that this item is the appropriation of unappropriated interest earnings from the three commercial paper funds for water, wastewater, and storm water. Ms. Sanchez stated that the interest earnings have accumulated and must be appropriated to fund the current Commercial Paper Program and to pay for existing projects. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 027894 Ordinance appropriating $2,054,268.50 of unappropriated interest earnings from the following funds: $605,285.39 from No. 4525 Storm Water Commercial Paper Program Capital Improvement Program (CIP) Fund; $971,369.42 from No. 4475 Water Commercial Paper Program CIP Fund; and $477,613.69 from No. 4500 Waste Water Commercial Paper Minutes — Regular Council Meeting October 14, 2008 — Page 10 Program CIP Fund; transferring and appropriating $605,285.39 into the No. 3480 Storm Water CIP Fund; transferring and appropriating $971,369.42 into the No. 4080 Water CIP Fund; and transferring and appropriating $477,613.69 into the No. 3430 Waste Water CIP Fund; for projects relating to improvements to the City's Utility System as allowed by the utility system revenue bond covenants; changing the FY 2007-2008 Capital Budget adopted by Ordinance No. 027546 by increasing appropriations by $2,054,268.50. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, and Marez, voting "Aye"; Martinez 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. Tom Smith, Public Citizen Environmental Consumer Group, expressed concern regarding emissions from the proposed Las Brisas Plant. Andres Araiza, Juan Araiza IV, Juan Araiza III, 5921 Shadow Wood; and Isabel Araiza, 326 Poenisch, addressed the Council regarding the safety issues when crossing South Port Avenue that lead to the loss of their grandfather Francisco "Panchito" Fregoso. The family members said their grandfather raised this issue at neighborhood meetings. They urged the council to take action by adding a crosswalk or speed bumps and to take responsibility for the community. Roland Garza expressed his condolences to the Fregoso family and spoke regarding the financial and infrastructure comparisons between the westside and southside areas of the City. Foster Edwards, President/CEO of the Corpus Christi Chamber of Commerce, said the Chamber is excited about its new beginning and is looking forward to working with the City to move the City forward in a positive manner. Mr. Edwards added that the Chamber has formed a political action committee to help get the bonds passed. Mr. Edwards also spoke regarding the development of the Small Business Council. Dr. Gloria Scott, 4422 S. Alameda, thanked the Council for supporting the Corpus Christi Black Chamber of Commerce and requested an update on the inclusion of African American history as part of the C.C. Museum of Science and History project. Council Member Kelly asked staff to follow up with Dr. Scott on this issue. Council Member Leal requested an update on the Columbus ships. Bill Kopecky, 3609 Topeka, spoke regarding the new Attorney General opinion on City Manager and Council Member reports and the level of discussion during public comment. Mr. Kopecky suggest placing an item on the agenda regarding the Attorney General's opinion. Kerry Eyring, Corpus Christi Firefighters Association, said that the Association met with the City on September 4th and presented a lower and fair contract proposal. Mr. Eyring added that the Association has not heard from the City's negotiator for six weeks and asked the Council to consider their last proposal. Carlos Torres, President of the Corpus Christi Firefighters Association, spoke regarding the length of time it is taking to resolve the firefighters' contracts. ************* Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: 22. Executive session under Texas Government Code Section 551.071 to consult with its attorney about legal issues relating to the proposed long-term power supply contract with Cities Aggregation Power Project, Inc., with possible discussion and action related thereto in open session. Minutes — Regular Council Meeting October 14, 2008 — Page 11 23. Executive Session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action related thereto in open session. 24. Executive session under Texas Government Code Section 551.071 to conduct a private consultation with its attorney regarding Nueces County Water Control and Improvement District No. 4 v. The City of Corpus Christi, before the Texas Commission on Environmental Quality, Original Petition Appealing a Wholesale Water Rate and Request for Interim Rates, with possible discussion and action 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: 24. MOTION NO. 2008-266 Motion authorizing the City Manager or designee to execute a professional legal services agreement with the Law Office of Mark H. Zeppa, P.C., to represent the City of Corpus Christi in Nueces County Water Control and Improvement District No. 4 v. The City of Corpus Christi, before the Texas Commission on Environmental Quality, Original Petition Appealing a Wholesale Water Rate and Request for Interim Rates, at an hourly rate of$200, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 2:42 p.m. on October 14, 2008. ********* * * * *