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HomeMy WebLinkAboutMinutes City Council - 11/18/2008I 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 November 18, 2008, which were approved by the City Council on December 9, 2008. WITNESSETH MY HAND AND SEAL, on this the 9th day of December, 2008. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 18, 2008 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Michael McCutchon Council Members: Melody Cooper* Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla Leal John Marez** Nelda Martinez *Arrived at 10:05 a.m. **Arrived at 10:20 a.m. City Staff: City Manager Angel R. 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 Father Sean Maloney with St. Bartholomew's Episcopal Church 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 referred to Item 1 Citizens Advisory Health Board Dr. Bruce Nelson Stratton (Appointed) ************ and the following board appointments were made: Community Youth Development (78415) Program Steering Committee Xiao Bohannon (Appointed) Nadia Contreras (Appointed) ************ Mayor Garrett called for consideration of the consent agenda (Items 2 - 17). Several citizens requested that Item 5 be pulled for individual consideration. Mr. Abel Alonzo requested that Item 11 be pulled for individual consideration. Council members requested that Items 2, 3, 5, 7, 8, 9, 11, 12, and 13 be pulled for individual consideration. City Secretary Chapa polled the Council fortheirvotes as follows: 4. MOTION NO. 2008-293 Motion approving the purchase of five (5) 2009 Compressed Natural Gas Compact Sedans in accordance with Bid Invitation No. BI -0042-09 from Lute Riley Honda, of Richardson, Texas based on most advantageous bid for a total of $128,800. Funding is available from the FY08-09 Capital Outlay Budget in the Fleet Maintenance Fund. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. Minutes — Regular Council Meeting November 18, 2008 — Page 2 6.a. RESOLUTION NO. 027941 Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Parks and Wildlife Department's Safe Boating Access Program in the amount of $500,000 for reconstruction of boat ramp located near John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel; with City grant match of $50,000 in the No. 3289 Park and Recreation Capital Improvement Program (CIP) Fund, and additional $117,000 grant matches from the Coastal Bend Bays and Estuaries Program, and Saltwater Fisheries Enhancement Association, and architectural services from Robert Floyd, for total project cost of $667,000. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 6.b. RESOLUTION NO. 027942 Resolution authorizing the City Manager or his designee to execute an agreement with Coastal Bend Bays and Estuaries Program, Texas Parks and Wildlife Department, Texas General Land Office, Texas Department of Transportation, and the Saltwater Fisheries Enhancement Association concerning development of coordinated plan to remedy the boat ramps and parking lot located near the John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 10. MOTION NO. 2008-304 Motion authorizing the City Manager or his designee to execute a Reimbursement Agreement with Tierra Pipeline Group, LLC, of San Antonio, Texas in the amount of $150,000 for the Kingsbury Drive Bridge Replacement for relocation of existing utility lines. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 14. ORDINANCE NO. 027945 Amending Section 2-75 "Membership; terms and filling vacancies," of the Code of Ordinances, regarding membership of the Library Board; providing for an effective date; and providing for publication. (First Reading —11/11/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 15. ORDINANCE NO. 027946 Amending Section 2-78 "Lay Representative of City," of the Code of Ordinances, regarding selection of the Lay Representative of the City to the South Texas Library System; providing for an effective date; and providing for publication. (First Reading —11/11/08) Minutes — Regular Council Meeting November 18, 2008 — Page 3 The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 16. ORDINANCE NO. 027947 Amending the Code of Ordinances, City of Corpus Christi, Chapter 2 regarding membership in Youth Advisory Committee; providing for publication. (First Reading —11/11/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 17. ORDINANCE NO. 027948 Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, to impose lien for overdue utility bill; providing for publication; and providing an effective date of December 1, 2008. (First Reading- 11/11/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. Mayor Garrett opened discussion on Item 2 regarding a municipal lease line of credit. Council Member McCutchon requested an explanation of an alternative bid. Assistant Director of Financial Services Michael Barrera explained that this bid historically has been structured on a municipal bond index as the rate the interest rate would follow. Mr. Barrera added that due to the economic turmoil in the financial markets, the bidders submitted alternates. Mr. Barrera stated that the alternative bid will save the City money. In response to Dr. McCutchon's question regarding the most advantageous bid, Mr. Barrera provided a brief explanation of the bid tabulation and the LIBOR index. Council Member Hummell asked questions regarding the previous contractor and the reason the company did not participate. Mr. Barrera said the previous contract was with Bank of America and that Bank of America chose not to participate because the rates are higher. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION NO. 2008-291 Motion approving a Municipal Lease Line of Credit with Frost National Bank in accordance with Bid Invitation No. BI -0009-09 based on most advantageous bid for an estimated annual expenditure of $113,400. The term of the contract is for 24months with options to extend for up to two additional 12 -month periods, subject to the approval of the contractor and the City Manager, or his designee. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. Mayor Garrett opened discussion on Item 3 regarding the lease/purchase of a Peterbilt truck tractor. Council Member McCutchon asked why the Solid Waste Department is using six (6) tractors as a backup to the current fleet if the City is contemplating reducing the brush schedule. Assistant Director of Solid Waste Services Lawrence Mikolajczyk explained that the tractors are needed to provide service at the Transfer Station to the City residents and the small commercial businesses because they are not allowed to go to the Cefe Landfill. Council Member Leal stated that she was glad that the City is purchasing the equipment needed to perform the services of the City. Minutes — Regular Council Meeting November 18, 2008 — Page 4 City Secretary Chapa polled the Council for their votes as follows: MOTION NO. 2008-292 Motion approving the lease/purchase of one (1) Peterbilt truck tractor from Rush Truck Centers of Texas, LP, of Houston, Texas for a total amount of $152,833. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The truck tractor is an addition to the fleet and will be used by Solid Waste Services. Financing for the truck tractor 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, and Martinez, voting "Aye"; Marezwas absent. Mayor Garrett opened discussion on Item 5 regarding the contract with the Texas Department of Family and Protective Services for funding the Community Youth Development Program for the 78415 zip code for projects as recommended by the Community Youth Development Steering Committee (CYD). Mayor Garrett asked questions regarding the Texas Department of Family and Protective Services (TDFPS) letter stating that the City Council may not overturn recommendations by the CYD Review Committee. Assistant Director of Parks and Recreation Stacie Talbert explained that the City received a letter from TDFPS stating that the City is the fiscal agent of the 78415 program. Ms. Talbert stated that the 78415 established a review committee that reviews the process and makes recommendations that are forwarded to the TDFPS. Ms. Talbert added that if the recommendations of the Review Committee meet the requirements and regulations, TDFPS approves the recommendation of the Review Committee. The following topics pertaining to this item were discussed: the entity that controls the packaging mechanism; how the packaging mechanism could change and the timing process; whether the process is the same for every municipality; whether the Council would be voting "No" for all of the organizations if it voted against one organization; the effect on the providers for delaying the process; whether the programs will continue to be funded regardless of the Council's decision; how long the City has been the fiscal agent; the effect on the City if it was no longer the fiscal agent; the funding for the CYD program; whether the Review Committee will lose its ability to make recommendations if the City is no longer the fiscal agent; appointments to the CYD committee and the Review Committee; if services are provided to children in the 78415 zip code; whether the City can become the fiscal agent again if the authority is taken away due to this vote; the City's funding for employees as part of being the fiscal agent; the Review Committee's proposal process; whether the public is invited to the CYD meetings and how the public is made aware of the meetings; the description of services to be provided by Planned Parenthood; whether sexual education is part of the Planned Parenthood services; whether the CYD committee monitors the program; whether the CYD program has received complaints regarding the services provided by Planned Parenthood; the original intent of 78415 funding; and whether the Council has input on the Review Committee's recommendations and how that can be addressed. Dr. McCutchon made a motion to delete Item 5.e. and ask TDFPS to reallocate the $30,000 to the other programs listed. The motion was seconded by Ms. Cooper. Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, said the Review Committee recommendations are not inclusive or diverse. Therese Perez, 325 Claremore, submitted a petition to the City Secretary to stop allocating funding to Planned Parenthood. Minutes — Regular Council Meeting November 18, 2008 — Page 5 The following individuals spoke in opposition to Item 5.e.: Corrine Kelley, junior at Ray High School; Therese Perez, 325 Claremore; Ann Craig, 109 Ashburn; Bonnie Fergie, 7613 Del Rio; Christy Rutledge; Jacob Montez; Sharon Carter Longoria, 461 University; Maria Meaney; Cornelius Hayes, 225 Oleander; Mary Crabtree, 3407 Fairmont Drive; Elizabeth Snodgrass, 2636 Henrietta Place; Dr. Patrick Hayes, 349 Meldo Parkway; Nelson Ozenburger, 4245 Aaron Cove; Steve Gomez, 6630 Clarion Drive; Kathi Bailey, 321 Chenoweth; Michael Meaney, 3360 San Antonio; Cliff Zarsky, 5202 Wooldridge; Alean Majek; John Sloan, 709 Schooner Harbor, Mary Ann Kelly, 4302 Schanen; and Janie Gonzalez, 4617 Nesbitt Drive. The following individuals spoke in support of Item 5.e.: Susie Luna Saldana, 4701 Hake!, and Father Sean Maloney. Mr. Kelly asked Dr. McCutchon to consider amending the motion to have the $30,000 to be re -bid to another organization. Dr. McCutchon amended his motion to delete Item 5.e. and ask the 78415 selection committee to reallocate the $30,000 and make a recommendation to TDFPS. Ms. Cooper accepted the amendment. City Secretary Chapa announced that Council Member Marez submitted a conflict of interest and would abstain from the vote on Item 5. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez abstained. Ms. Leal requested that Item 5j. be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 5.a. MOTION NO. 2008-294 Motion authorizing the City Manager or his designee to execute a contract with the Texas Department of Family and Protective Services for funding in the amount of $500,000 from the Community Youth Development Program for the 78415 Zip Code for projects as recommended by the Community Youth Development Steering Committee for FY 2008- 2009, Contract Period September 1, 2008 through August 31, 2009. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez abstained. 5.b. ORDINANCE NO. 027940 Ordinance appropriating $500,000 from the Texas Department of Family and Protective Services in the No. 1060 Community Youth Development Fund to fund the Community Youth Development Program in the 78415 Zip Code for FY 2008-2009 contract period September 1, 2008 through August 31, 2009. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez abstained. 5.c. MOTION NO. 2008-295 Motion authorizing the City Manager or his designee to execute a subcontract with the Boys & Girls Club of Corpus Christi in the amount of $50,000 to provide services for youth ages 6 to 17 in the 78415 Zip Code. Minutes — Regular Council Meeting November 18, 2008 — Page 6 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez abstained. 5.d. MOTION NO. 2008-296 Motion authorizing the City Manager or his designee to execute a subcontract with Communities In Schools, Corpus Christi, Inc. in the amount of $86,000 to provide services for youth ages 10 to 17 in the 78415 Zip Code. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez abstained. 5.e. DELETED to 17 in the 78,115 Zip Code. 5.f. MOTION NO. 2008-297 Motion authorizing the City Manager or his designee to execute a subcontract with the YMCA of Corpus Christi in the amount of $35,000 to provide services for youth ages 14-17 in the 78415 Zip Code. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez abstained. 5.g. MOTION NO. 2008-298 Motion authorizing the City Manager or his designee to execute a subcontract with YWCA of Corpus Christi in the amount of $50,000 to provide services for girls in the 4th 5th & 6th grades in the 78415 Zip Code. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez abstained. 5.h. MOTION NO. 2008-299 Motion authorizing the City Manager or his designee to execute a subcontract with Youth Odyssey in the amount of $30,000 to provide services for youth ages 11 to 17 in the 78415 Zip Code. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez abstained. 5.i. MOTION NO. 2008-300 Motion authorizing the City Manager or his designee to execute a subcontract with Nueces County MHMR in the amount of $30,000 to provide services for youth ages 10 to 17 in the 78415 Zip Code. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye'; Marez abstained. Minutes — Regular Council Meeting November 18, 2008 — Page 7 Mayor Garrett opened discussion on Item 5j. regarding a subcontract with SERCO of Texas. Council Member Leal expressed concern regarding the types of jobs the agency provides in the 78415 area. Council Member Hummell asked questions regarding the services provided by SERCO. Ms. Talbert explained that SERCO provides mentoring programs at middle schools to discuss careers that are available in the community. Ms. Leal made a motion to decline the funding to SERCO of Texas and reallocate $65,000 to another agency. The motion failed for lack of second. City Secretary Chapa polled the Council for their votes as follows: 5j. MOTION NO. 2008-301 Motion authorizing the City Manager or his designee to execute a subcontract with SERCO of Texas in the amount of $60,000 to provide services for youth ages 10-17 in the 78415 Zip Code. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Rummell, Kelly, McCutchon, and Martinez, voting "Aye"; Leal voting "No"; Marez abstained. Mayor Garrett called for petitions from the audience. Jean Salone, 2821 Nueces, spoke regarding the contamination in the Hillcrest area due to the refineries. Ms. Salone asked that the City Council, residents, and the refineries discuss moving the residents out of the area and stated that revitalization of the Hillcrest area is not a good idea. Bea Zimmer spoke regarding Item 21 and stated that the street closure would restrict the neighborhood's access to Packery Channel Park. Gerald Beckman, 7622 Dijon Lake, asked the Council to expand the ban on smoking. Elizabeth Sumbrano, 2813 Nueces, spoke regarding the sickness of the people in the Hillcrest neighborhood and asked for assistance for that area. Council Member McCutchon requested that the Health Department provide data regarding toxin levels in the Hillcrest area compared to other areas of the City. Susie Canales, Executive Directed of Citizens for Environmental Justice, spoke regarding a report on the study of blood and urine samples showing levels of benzene on the residents of the Hillcrest area. Dr. Melissa Jerrell, 266 Lola Johnson Road, spoke regarding the Hillcrest neighborhood being treated unfairly and unjust on environmental justice. Dr. Jerrell added that revitalization of the Hillcrest area is not the answer. Cynthia Smith, 902 Shepard, spoke regarding the impact of the smoking ban on charitable bingo organizations. Carolyn Moon, 4902 Calvin, spoke regarding the environmental impact of the Las Brisas plant. Joe Alley, 2650 Dallas, asked the Council to complete the ordinance to make the City smoke free. Mimi Kile, 7626 Rocksprings, encouraged the Council to finish the smoking ordinance to make the total community smoke free. Jesse Molina, 4314 Leonard Drive, addressed the following issues: settling the dispute with the firefighters, the hiring of Mr. Escobar for City Manager; Planned Parenthood; the smoking ordinance and tax abatements. Ann Bright, 325 Barracuda, spoke regarding the emissions from the Las Brisas plant. Roland Garza introduced City employees Catelino Perez and Sally Perez and spoke regarding the treatment of employees. Abel Alonzo, 1701 Thames, spoke regarding facts and data on the air quality concerns. Susie Luna Saldana, 4701 Hake!, congratulated the Council for selecting a local person as City Manager. Susanna Taylor, Chair of the Bingo Advisory Committee, spoke regarding the effects of the smoking ordinance on charitable organizations and the incurred costs the bingo halls have already taken to accommodate smokers and nonsmokers. and, Nucete Luhan, 1419 Lipan, expressed concern for the Hillcrest neighborhood children being contaminated with benzene and chemicals from the refineries. Minutes — Regular Council Meeting November 18, 2008 — Page 8 • • • • * • • • * * * * * Mayor Garrett announced the executive sessions, which was listed on the agenda as follows: 32. Executive session under Texas Government Code Section 551.071 to conduct a private consultation with its attorney regarding Texas Commission on Environmental Quality Notice of Enforcement Action, RN101385151, Docket No. 2008-1521-MLM-E, Enforcement Case No. 36564, with possible discussion and action in open session. 33. Executive session under §551.087 of the Texas Government Code for discussions and deliberations regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the City and with which the City Council is conducting economic development negotiations, with possible discussion and action in open session. The Council returned from executive session. Mayor Garrett opened discussion on Item 29.1. regarding a request for disannexation of property from Sam Kane Beef Processors, Inc. Director of Economic Development Irma Caballero explained that this item is for consideration and approval of the proposed disannexation ordinances and related agreements in support of a request made by Sam Kane Beef Processors, Inc. Ms. Caballero added that approval of the disannexation will assist Sam Kane with a loan guarantee through the United States Department of Agriculture. Mayor Garrett called for comments from the audience. Joe Cisneros with the C.C. Regional Economic Development Corporation and Abel Alonzo, 1701 Thames, spoke in support of the item. Mr. Hummell made a motion to amend Item 29.1. by substituting with the ordinance provided by staff. The motion was seconded by Ms. Martinez. 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: 29.1.a. ORDINANCE NO. 027952 Ordinance disannexing from the City of Corpus Christi, Texas approximately 0.59 acre tract of land, situated along a line drawn from a point along the south right-of-way line of Leopard Street at approximately coordinates 1294719.136 X, 17188918.803 Y to a point along the City's boundary north of 1-37 at approximately coordinates 1294708.987 X, 17191792.708 Y, and adjusting the City boundaries, conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. 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". Minutes — Regular Council Meeting November 18, 2008 — Page 9 29.1.b. ORDINANCE NO. 027953 Ordinance disannexing from the City of Corpus Christi, Texas an approximately 9.426 acre tract of land, owned by Sam Kane Beef Processors, Inc., in Nueces County, located off south right-of-way boundary of State Highway 9 (9001 Leopard Street), and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. 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". 29.1.c. ORDINANCE NO. 027954 Ordinance disannexing from the City of Corpus Christi, Texas an approximately 60.821 acre tract of land, owned by Sam Kane, in Nueces County, located off south right-of-way boundary of State Highway 9 (9001 Leopard Street), and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. 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". 29.1.d. ORDINANCE NO. 027955 Ordinance disannexing from the City of Corpus Christi, Texas an approximately one acre tract of land, owned by Rachel Madean Brown Magill, in Nueces County, located 2040 Clarkwood Road, and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. 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". 29.1.e. ORDINANCE NO. 027956 Ordinance disannexing from the City of Corpus Christi, Texas an approximately 120.62 acre tract of land, owned by Mary Hutchins Triestman Limited Partnership, in Nueces County, located on Clarkwood Road, and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. - 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'. Minutes — Regular Council Meeting November 18, 2008 — Page 10 29.11. ORDINANCE NO. 027957 Ordinance disannexing from the City of Corpus Christi, Texas an approximately 61.23 acre tract of land, owned by Adhub, LLC, in Nueces County, located on Clarkwood Road, and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 29.1.g. ORDINANCE NO. 027958 Ordinance disannexing from the City of Corpus Christi, Texas an approximately 61.32 acre tract of land, owned by Ann McMaster, General Partner, Haring Heirs, in Nueces County, located on Clarkwood Road, and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. 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". 29.1.h. ORDINANCE NO. 027959 Ordinance disannexing from the City of Corpus Christi, Texas an approximately 122 acre tract of land, owned by Chessie Perkins, in Nueces County, located at Clarkwood Road at Sedwick Road, and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing fora delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. 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". 29.1.i. ORDINANCE NO. 027960 Ordinance disannexing from the City of Corpus Christi, Texas an approximately 27.5438 acre tract of land, owned by Gladys V Stillwell, in Nueces County, located at Stillwell Lane, and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. 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". Minutes — Regular Council Meeting November 18, 2008 — Page 11 29.1.j. ORDINANCE NO. 027961 Ordinance disannexing from the City of Corpus Christi, Texas an approximately 31.032 acre tract of land, owned by Rose Mary Zvara, Trustee, RZ Realty Trust, in Nueces County, located at Stillwell Lane, and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. 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". Mayor Garrett opened discussion on Item 28 regarding temporary property tax abatement for Transcontinental Realty Investors. Emily Martinez, Economic Development, provided a brief overview including the project description; the proposed project location; the tax abatement guidelines and criteria; and the terms of the tax abatement agreement. Ed Verde, representative for Transcontinental Realty, provided a powerpoint presentation of examples of Transcontinental residential development projects The following topics pertaining to this item were discussed: the number of units and the use of local contractors. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 28. RESOLUTION NO.027951 Resolution granting a variance from the guidelines and criteria for granting tax abatement and authorizing the execution of an agreement with Transcontinental Realty Investors, Inc. providing for temporary property tax abatement. 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 7 regarding a lease agreement with Incarnate Word Academy (IWA) for the use of Dick Runyan Field at Evelyn Price Park. Council Member Leal thanked IWA for using the fields. Council Member Marez asked questions regarding whether this field is used by City baseball leagues and if the lease agreement would conflict with the leagues. Assistant Director of Parks and Recreation Stacie Talbert said the fields are used by the City baseball leagues and the seasons would not conflict. City Secretary Chapa polled the Council for their votes as follows: 7. ORDINANCE NO. 027943 Ordinance authorizing the City Manager or his designee to execute a five-year lease agreement with Incarnate Word Academy (IWA) for the use of Dick Runyan Field at Evelyn Price Park during IWA baseball season of January 1 through May 30 in consideration of IWA Minutes — Regular Council Meeting November 18, 2008 — Page 12 construction of field improvements of minimum estimated value of $35,000, and IWA maintaining the premises. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 8 regarding the Packery Channel Boat Ramp Parking Lot and Access Road. Interim Director of Engineering Kevin Stowers stated that Council had previously requested additional information on this item and that information is included in the packet. The following topics pertaining to this item were discussed: the original Change Order price; the individual that reviewed the price changes in the Change Order; the reason for the increased cost in hot mix when gas prices have reduced; Change Orders for decreased prices; decreased price in diesel; increasing and decreasing costs in categories; whether diesel is still being used on the project; and subcontractor costs. City Secretary Chapa polled the Council for their votes as follows: 8.a. ORDINANCE NO. 027944 Ordinance appropriating $87,588.73 from the Unreserved Fund Balance in the Reinvestment Zone No. 2 Fund 1111 for contractor mobilization, demobilization and other construction suspension costs for the Packery Channel Boat Ramp Parking Lot and Access Road as per Change Order No. 2 to the construction contract with Garrett Construction of Ingleside, Texas; changing the FY 2008-2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $87,588.73. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 8.b. MOTION NO. 2008-302 Motion authorizing the City Manager or his designee to execute Change Order No. 2 to the construction contract with Garrett Construction of Ingleside, Texas, in the amount $87,588.73 for a revised total contract price of $845,418.76 for the Packery Channel Boat Ramp Parking Lot and Access Road FY 2007-2008 for contractor mobilization, demobilization and other construction suspension costs. 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 9 regarding the Broadmoor Senior Center Improvements. Council Member McCutchon asked questions regarding the total building costs for the center. Interim Director of Engineering Kevin Stowers stated that the estimated construction costs are over $1 million including the new 2,500 square room and the remodeling of the existing center. Council Member Leal said she was glad to see that the Broadmoor Center was being expanded and improved. Council Member Marez asked questions regarding additional funding for the facility. City Manager Escobar said that Community Block Development Grant funding was allocated for the facility. In response to Council Member Marez, Park and Recreation Superintendent Billy Delgado said that there was not a trailer at the Senior Center and that a walking trail will be added to the park once funds become available. Council Member Marez requested a report on the prior commitments and work at the Broadmoor Senior Center. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting November 18, 2008 — Page 13 9. MOTION NO. 2008-303 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Chuck Anastos Associates, LLC, of Corpus Christi, Texas in the amount of $112,782 for the Broadmoor Senior Center Improvements project. (CDBG/BOND 2008) 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 11 and 11.1(a) regarding Street Overlay Clusters. Council Member Leal asked why the clusters did not include streets in District 3. City Manager Escobar said this item is for clusters that are city-wide and stated that staff would provide a list of the projects in District 3. In response to Council Member McCutchon, Interim Director of Engineering Kevin Stowers stated that the clustered areas did not previously have ADA curbs. Council Member McCutchon spoke regarding the deductive change order and asked for the balance of the tax notes. Assistant City Manager Oscar Martinez said that amount has not been reconciled and would provide that information. Mayor Garrett asked what the life expectancy was for the new overlay on Shoreline. City Manager Escobar said the life expectancy is eight to twelve years. Mayor Garrett asked when work would begin in front of the Memorial Coliseum. City Manager Escobar answered thatwork from Bond 2008 would begin within four (4) years. City Secretary Chapa polled the Council for their votes as follows: 11.a. MOTION NO. 2008-305 Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the Contract for Professional Services with Coym, Rehmet, Gutierrez Engineering, LP, of Corpus Christi, Texas in the amount of $62,400, for a total restated fee not to exceed $227,740, for the Street Overlays Cluster 1 for design and construction administration of ADA Curb Ramps. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 11.b. MOTION NO. 2008-306 Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the Contract for Professional Services with LNV Engineering, Inc., of Corpus Christi, Texas in the amount of $205,870, for a total restated fee not to exceed $370,980, for the Street Overlays Cluster 2 and Cluster 4 for design and construction administration of ADA Curb Ramps and additional construction inspection of Clusters 2 and 4. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 11.1(a) MOTION NO. 2008-307 Motion authorizing the City Manager or his designee to execute a deductive change order with Haas -Anderson of Corpus Christi, Texas in the decreased amount of $226,900 for the Street Overlays Cluster '4 project to change the overlay treatment to a sealcoat on the northbound lanes of Shoreline Drive from Furman Avenue to Lawrence Street resulting in a modification in project scope. Minutes — Regular Council Meeting November 18, 2008 — Page 14 The foregoing motion was passed and approved with the following vote: Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Garrett, and Marez voting "No". Mayor Garrett opened discussion on Item 12 regarding the Corpus Christi Bayfront Development Implementation Plan Phase 1 improvements. Council Member Hummell asked what happened to the water line. Interim Director of Engineering Kevin Stowers said that the utility plan showed that the line was there but it was later determined that the utility line did not exist. Council Member Hummell asked whether the City has maps identifying infrastructure and whether there is a system in place when a line is taken out. Mr. Stowers answered both questions in the affirmative. City Secretary Chapa polled the Council for their votes as follows: 12. MOTION NO. 2008-308 Motion authorizing the City Manager or his designee to execute Change Order No. 3 to the construction contract with Haas Anderson Construction, Ltd., of Corpus Christi, Texas in an amount not to exceed $129,005.17 for a restated not to exceed contract amount of $14,791,114.17 for water line revisions and tie-in beyond the original construction limits for the Bayfront Development Implementation Plan — Phase 1 Improvements. 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 13 regarding the Rincon Bayou Diversion project. Interim Director of Engineering Kevin Stowers and Assistant City Attorney Jay Reining responded to questions. The following topics pertaining to this item were discussed: contributions and participation from the Port of Corpus Christi Authority; whether San Patricia County participates; background of the studies; where the ammonia is coming from; the Allison diversion project; the location of the Allison plant; if there is a current contract in place for monitoring; the timeframe that the City has been operating under annual contracts; discharging effluent into Nueces Bay in an effort to justify reducing water releases; purpose of the Rincon Diversion channel; whether the City needs to test the water in Rincon Bayou as it flows into Nueces Bay; whether the Rincon Bayou water is the same water that flows into Nueces Bay through Nueces River; water flow of the Nueces River; the purpose of the studies; the reasons for continuing studies when the City has a large water supply; pursing water resources for the future; the amount of water scheduled for release that was held back by Texas Commission on Environmental Quality (TCEQ); the number of years that TCEQ expects the City to continue monitoring; what will occur after the monitoring period is complete; post project monitoring; the location of the Rincon Channel Pumping Plant and Pipeline; expectations from the monitoring; the amount of reduced water releases expected; the total cost of monitoring and construction; and whether monitoring has reduced the number of releases. City Secretary Chapa polled the Council for their votes as follows: 13.a. MOTION NO. 2008-309 Motion authorizing the City Manager or his designee to execute a contract with the Center for Coastal Studies, Texas A&M University — Corpus Christi not to exceed $167,882.57 for Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project 2008-2009. Minutes — Regular Council Meeting November 18, 2008 — Page 15 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Hummell and Leal voting "No". 13.b. MOTION NO. 2008-310 Motion authorizing the City Manager or his designee to execute a contract with the Division of Nearshore Research, Texas A&M University— Corpus Christi not to exceed $116,719 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2008-2009. - The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Hummell and Leal voting "No". 13.c. MOTION NO. 2008-311 Motion authorizing the City Manager or his designee to execute a contract with the Harte Research Institute, Texas A&M University— Corpus Christi not to exceed $59,383 for Biological Monitoring associated with the Rincon Bayou Diversion Project 2008-2009. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Hummell and Leal voting "No". 13.d. MOTION NO. 2008-312 Motion authorizing the City Manager or his designee to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $188,215 for biological monitoring services associated with the Rincon Bayou Diversion Project 2008-2009. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Hummell and Leal voting "No". Mayor Garrett referred to Item 18, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1008-02, Jason and Kim Comstock: A change of zoning from an "F -R" Farm Rural District to a "RE" Residential Estate District resulting in a change of land use from vacant to residential on property described as a two acre tract of land out of Lot 33, Section 52, Flour Bluff and Encinal Farm and Garden Tracts, located on the east side of Waldron Road approximately one-half mile south of Yorktown Boulevard. City Secretary Chapa stated that the Planning Commission and staff recommended approval of a "RE" Residential Estate District. Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including the property location; area location map; map of the subject case area; 2007 aerial and perspective aerial photograph; the "F -R" Farm -Rural District and "RE" Residential Estate Minutes — Regular Council Meeting November 18, 2008 — Page 16 District uses; photos of the subject property; the existing land use map; navy air installation compatible use zones (AICUZ); and the future land use map. Jason Comstock, applicant, stated the property would be used for a family dwelling. No one appeared in opposition to the zoning change. Mr. Marez made a motion to close the public hearing, seconded by Ms. Martinez, and passed. Mr. Chapa polled the Council for their votes as follows: 18. ORDINANCE NO. 027949 Amending the Zoning Ordinance, upon application by Jason and Kim Comstock, by changing the Zoning Map in reference to a two acre tract of land out of Lot 33, Section 52, Flour Bluff and Encinal Farm and Garden Tracts, from "F -R" Farm Rural District to "RE" Residential Estate District; 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 with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 19. City Secretary Chapa announced that Item 19 was withdrawn by staff. Mayor Garrett referred to Item 20, and a motion was made, seconded and passed to open the public hearing on the following street closure: 20. Public hearing to consider abandoning and vacating a 61,537.10 -square foot portion of undeveloped and unsurfaced, South Oso Parkway dedicated public right-of-way, out of the Botanical Gardens Park Unit 4 Subdivision, located north of and adjacent to the South Staples Street (Farm to Market Highway 2444) public right-of-way; subject to compliance with specified conditions. Minutes — Regular Council Meeting November 18, 2008 — Page 17 Deputy Director of Development Services Johnny Perales provided a brief overview including maps of the subject property; existing features in the area; and the location of the street right-of-way to be closed. Michael Womack, South Texas Botanical Gardens & Nature Center, said the closure would allow the Botanical Gardens to move the location of the entrance and allow for adjustments to the master plan. No one appeared in opposition to the street closure. Ms. Martinez made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 20. FIRST READING ORDINANCE Consider abandoning and vacating a 61,537.10 -square foot portion of undeveloped and unsurfaced, South Oso Parkway dedicated public right-of-way, out of the Botanical Gardens Park Unit 4 Subdivision, located north of and adjacent to the South Staples Street (Farm to Market Highway 2444) public right-of-way; subject to compliance with specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummel!, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly was absent. Mayor Garrett referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following street closure: 21. Public hearing to consider abandoning and vacating a 2,701.10 -square foot portion of a 10 - foot wide undeveloped and unsurfaced, dedicated public alley right-of-way, located between Lots 12 & 13, Block 43, Padre Island No. 2, adjacent to and northeast of the Playa Del Rey public right-of-way; subject to owners compliance with specified conditions. Deputy Director of Development Services Johnny Perales provided information on the location of the alley closure; the location of the property to Packery Channel Park; the street system for the area; and an aerial view and photos of the property. Mr. Perales said the closure has been requested for security reasons. Shannon Gulley and Jerry Easton, owners, stated that they requested the closure because of security problems on their properties. Mr. Easton said that they have seen very little foot traffic from the neighborhood. Robert Bryan Johnson, 14257 Playa Del Rey, spoke regarding the public notification area and said the public does use the alley as access to the park. Mr. Johnson said he had a petition from the neighborhood owners opposing the closure. Mr. Johnson did not submit the petition to the City. Carolyn Moon, 5701 Calvin, suggested putting a fence and a gate on the alley for the neighborhood to have access to the park. The following topics pertaining to this item were discussed: the intended purpose for the closure of the alley; changing the typography; properties that aren't developed in the area; access routes to Packery Channel Park from the neighborhood; use of the alley for pedestrian access; requirements for constructing a fence on an easement; if there are additional reasons for the request other than security; whether the property owners plan on building a fence; the timeframe the owners have owned the two properties; whether the property owners acquired the property knowing Minutes — Regular Council Meeting November 18, 2008 — Page 18 that there was an easement; the responsible party for maintaining the easement if the closure is not granted; the public notification process and radius area for notification; if there is any vertical construction on the easement; the angle and length of the easement; and whether there is a road between the park and the neighborhood. Ms. Cooper made a motion to close the public hearing, seconded by Ms. Martinez, and passed. Mr. Chapa polled the Council for their votes as follows: 21. FIRST READING ORDINANCE Consider abandoning and vacating a 2,701.10 -square foot portion of a 10 -foot wide undeveloped and unsurfaced, dedicated public alley right-of-way, located between Lots 12 & 13, Block 43, Padre Island No. 2, adjacent to and northeast of the Playa Del Rey public right- of-way; subject to owner's compliance with 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". 22.a. POSTPONED Public h aring and First R ading Ordinance Consider abandoning and vacating a the South Staples Street and Collihar Road street rights of way; subject to owner's 22.b. POSTPONED Public hearing and First Reading Ordinance Consider abandoning and vacating a 5,040.17 square foot portion of dedicated public right of way, located just west of the South Mayor Garrett referred to Item 30 regarding the Crime Control and Prevention District Quarterly Project Update. Acting Chief of Police Mike Walsh referred to a powerpoint presentation including the budget for 2008-2009; continued focus on core programs; one-time expenditures; graffiti eradication; and the Juvenile Assessment Center (JAC). Eddie Salazar, Program Manager at JAC, provided a brief overview of the total number of intakes for this quarter; day and night curfew referrals; court referrals; and the active caseload. The following topics pertaining to this item were discussed: the purchase of a second graffiti truck; the number of sites, trends, and measures detailing the impact of graffiti eradication; the location of the JAC; and prosecution for repeat graffiti offenders. Mayor Garrett referred to Item 31 regarding a presentation on the proposed smoking ban. Assistant City Attorney Elizabeth Hundley provided information on the sections of the ordinance including the declaration of policy; definitions of cigar bar, home occupation, private club, public building, retail tobacco store and smoke or smoking; prohibited areas; posting of sign and removal of ashtrays; prohibited placement of ashtrays, smoking paraphernalia, or signs that indicate smoking is permitted; exemption for retail tobacco stores; private club exemption; statement of Minutes — Regular Council Meeting November 18, 2008 — Page 19 acknowledgement that smoking is allowed on outside bars, lounges, nightclubs and taverns; prohibited smoking where currently prohibited; inspection authority; miscellaneous; and notable differences from existing provisions. The following topics pertaining to this item were discussed: prohibited smoking in areas within 10 feet of the entrance to businesses; permitted smoking on outside patios; whether the ordinance addressed events at Heritage Park; total retail sales at cigar bars; banning smoking in places where people take children; bingo halls and the effect on non-profit organizations; the declaration of policy language; options for employees of establishments; and whether all bingo halls have separate rooms for smokers and nonsmokers. Mr. Kelly suggested that the ordinance include allowing smoking on patios at all business that want to make a patio available for employees or patrons to smoke. Mr. Kelly also suggested that sales from cigar bars constitute more than 40% of the total retail sales. Mayor Garrett requested changing the 10 feet from the entrance restriction if there is a dedicated door for smokers. ************* Mayor Garrett opened discussion on Item 23 regarding the employment contract for City Manager Escobar. Council Members expressed their individual reasons for theirvotes regarding the appointment of the City Manager after the executive session on November 11th. City Manager Escobar stated that he would be responsive to the needs of the citizens and was committed to moving the City forward. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 23. MOTION NO. 2008-313 Motion authorizing the Mayor to negotiate and bring back for council approval an Employment Contract for City Manager Angel R. Escobar. 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 opened discussion on Item 24 regarding the 2008 Bond Capital Improvement Projects. Interim Director of Financial Services Constance P. Sanchez explained that the City anticipates incurring expenditures prior to the sale of the bonds and must declare the intent to reimburse costs for the projects so that the City can begin awarding contracts. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 24. RESOLUTION NO. 027950 Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. 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. Minutes — Regular Council Meeting November 18, 2008 — Page 20 Mayor Garrett opened discussion on Item 25 regarding the public safety radio system communications system. Acting Chief of Police Mike Walsh explained that Nextel has expanded to the point that additional band width is needed to eliminate interference on bands that the public safety radio system currently occupies. Chief Walsh stated that this has affected a nation wide movement and the Federal Communications Commission (FCC) has mandated a frequency configuration that affects public safety radio frequencies. Chief Walsh said that the reconfiguration will include the purchase of new portable and mobile radios, repeaters, and the software configuration for the system. Chief Walsh stated that Nextel will pay all costs to the reconfiguration. Chief Walsh added that the agencies involved in the reconfiguration include the City of Corpus Christi, Nueces County, the City of Kingsville, and San Patricio County. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 25.a. MOTION NO. 2008-314 Motion to authorize the City Manager or designee to execute a Frequency Reconfiguration Agreement with Nextel of Texas, Inc., in which Nextel shall pay for replacement radios and equipment to comply with order of Federal Communications Commission to minimize harmful interference to public safety radio system communications in the 800 MHz radio band. 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. 25.b. MOTION NO. 2008-315 Motion to authorize the City Manager or designee to execute a Contract with Dailey & Wells Communications, Inc., of San Antonio, Texas, for public safety radio and equipment improvements, with costs to be paid by Nextel of Texas, Inc. pursuant to the Frequency Reconfiguration Agreement. 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 opened discussion on Item 26 regarding an amendment to the Beachfront Management and Construction ordinance. City Secretary Chapa announced that Council Member Kelly would abstain from the discussion and vote on Item 26. Assistant City Attorney Jay Reining explained that this item is to implement the provision that the voters passed on November 4` regarding vehicular traffic on the seawall. Mr. Reining provided a replacement for the ordinance provided in the packet and referred to the provisions in the ordinance. Dr. McCutchon made a motion to substitute the ordinance as presented by staff. The motion was seconded by Mr. Elizondo. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Kelly abstained; Cooper and Martinez Were absent. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting November 18, 2008 — Page 21 26. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront Management and Construction, to restrict vehicular traffic on the Gulf Beach seaward of portions of the concrete segment of the Padre Island seawall and establishing a pedestrian safe area when the distance between the toe of the seawall to the water is less than 150 feet in width, and allowing two way vehicular traffic on the Gulf Beach between the northern end of the seawall and Padre Balli Park; establishing a pedestrian safe area between the northern end of the concrete seawall and the Packery Channel jetty; committing the City Council to undertake efforts to restore and maintain the beach in front of the seawall to a minimum width of 200 feet; adding an appendix to the City of Corpus Christi, Texas, Dune Protection and Beach Access Regulations to show the approximate location of bollards to be installed on the beach; providing for penalties; providing for publication; and providing a delayed effective date. The foregoing ordinance was passed and approved as amended on its first reading with the following vote: Garrett, Elizondo, Hummell, Leal, McCutchon, and Marez, voting "Aye"; Kelly abstained; Cooper and Martinez were absent. Mayor Garrett opened discussion on Item 27 regarding software applications for the Development Services Department. Director of Municipal Information Systems Michael Armstrong referred to a powerpoint presentation on the SunGard Public Sector hosting services including the changes of the software; hosting sites; benefits; affected modules and users; costs and savings analysis; future events after the contract is approved; considerations; and other cities using hosting services. Assistant City Manager Robert Nix referred to a powerpoint presentation on the ePlan Review software including the goals; the current process and the proposed submittal procedure; examples of the software; process improvements; and next steps. The following topics pertaining to this item were discussed: the departments currently using the HTE system; the number of staff that will need to be trained; changes to online payments; maintenance contract; whether customers are aware of the changes; file formats; and whether the program has been discussed with the Development Services Advisory Group (DSAG). There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 27.a. MOTION NO. 2008-316 Motion approving a one-year agreement for purchase of system hosting services from SunGard Public Sector of Lake Mary, Florida in the amount of $369,478 for the SunGard Public Sector suite of application modules; and ePlan Review software licensing, hosting, and services provided by SunGard Public Sector. 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. 27.b. MOTION NO. 2008-317 Motion approving the purchase of continued annual hosting services from SunGard Public Sector of Lake Mary, Florida for the SunGard Public Sector Suite of application modules subject to annual appropriation of funds based on sole source. Minutes — Regular Council Meeting November 18, 2008 — Page 22 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 opened discussion on Item 29 regarding the establishment of a fee for estimating meter reads when access to replace meter for automated meter reading program (AMR) is not provided. Assistant Director of Financial Services Mike Barrera explained that this ordinance applies to accounts that the City is trying to convert to the AMR system. Mr. Barrera stated that the ordinance will allow the City to charge a $40 fee for customer accounts that don't give access to the City. Mr. Barrera provided a background of the AMR system and stated that the City has not been provided access to 665 accounts. Mr. Barrera said the charge is for cost associated with estimating accounts. Mr. Barrera explained the process the City uses to notify customers that access is needed. The following topics pertaining to this item were discussed: the number of accounts that still need to be converted to the AMR system and the notification process. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 29. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 to establish a fee for estimating meter reads when access to replace meter for the automated meter reading program is not provided; providing an effective date of January 1, 2009; and providing for publication. 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. ************* There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 6:10 p.m. on November 18, 2008.