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HomeMy WebLinkAboutMinutes City Council - 11/10/2009MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 10, 2009 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Priscilla Leal Council Members: Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick John Marez Nelda Martinez Mark Scott City Staff: City Manager Angel R. Escobar Interim City Attorney Lisa Aguilar City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Steve Fieldcamp of First United Methodist Church and the Pledge of Allegiance to the United States flag was led by Council Member Brent Chesney. 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 Adame called for approval of the minutes of the regular Council meeting of October 27, 2009. A motion was made and passed to approve the minutes as presented. ************ Mayor Adame announced the executive session, which was listed on the agenda as follows: 2. Executive session under Texas Government Code Section 551.071 for consultation with its attorney regarding Nueces County Water Control and Improvement District No. 4 vs. City of Corpus Christi, before the Texas Commission on Environmental Quality, TCEQ Docket No. 2008-1473-UCR, SOAH Docket No. 582-09-1170; with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. No action was taken. ************ Mayor Adame referred to Item No. 3 and the following board appointments were made: Minutes - Regular Council Meeting November 10, 2009 - Page 2 Citizens Advisory Health Board Amanda Stukenberg, Reappointed Park & Recreation Advisory Committee Art Norman, New Appointment Weed and Seed Advisory Committee Wayne C. Meyr, Reappointed Lori Gianotti, Reappointed Ruben Gonzales, Reappointed Reinvestment Zone No. Two Mayor Joe Adame Council Member Chris Adler Council Member Brent Chesney Council Member Larry Elizondo Council Member Kevin Kieschnick Council Member Priscilla Leal Council Member John Marez Council Member Nelda Martinez Council Member Mark Scott ************ Mayor Adame called for consideration of the consent agenda (Items 4 - 19). There were no comments from the public. Council Member Leal requested that Items 4, 5, 6, 7, 12, 13, 14, 15 and 18 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 8.a. RESOLUTION NO.028388 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $1,750,442.43 and to execute the 2009 Sub -Recipient Agreement and all related documents with the Texas Department of Public Safety, Division of Emergency Management, FY 2009 Homeland Security Grant Program, to purchase specialized equipment and for training. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 8.b. ORDINANCE NO. 028389 Ordinance appropriating $1,750,442.43 from the Texas Department of Public Safety, Division of Emergency Management FY 2009 Homeland Security Grant Program, into the No. 1062 Fire Grants Fund to purchase of specialized equipment and for training. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 9.a. RESOLUTION NO. 028390 Resolution authorizing the City Manager or his designee to accept a $83,344 grant addendum awarded by the Area Agency on Aging of the Coastal Bend for the FY 2009 Senior Community Services, Elderly Nutrition Program. Minutes - Regular Council Meeting November 10, 2009 - Page 3 The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 9.b. ORDINANCE NO. 028391 Ordinance appropriating a $83,344 grant addendum from the Area Agency on Aging of the Coastal Bend in the No.1067 Parks and Recreation grants fund for the FY 2009 Senior Community Services, Elderly Nutrition Program. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 9.c. RESOLUTION NO. 028392 Resolution authorizing the City Manager or his designee to accept a $7,673 grant addendum awarded by the Texas Department of Aging and Disability Services for the FY 2009 Senior Community Services, Title XX Meals on Wheels Program. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 9.d. ORDINANCE NO. 028393 Ordinance appropriating a $7,673 grant addendum from the Texas Department of Aging and Disability Services in the No. 1067 Parks and Recreation grants fund for the FY 2009 Senior Community Services, Title XX Meals on Wheels Program. An emergency was declared and the foregoing ordinance was passed and - approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 10.a. RESOLUTION NO. 028394 Resolution authorizing the City Manager or his designee to accept a $445 grant awarded by the Texas Department of Agriculture Texans Feeding Texans Program for the FY 2009 Senior Community Services, Elderly Nutrition Program. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Minutes - Regular Council Meeting November 10, 2009 - Page 4 10.b. ORDINANCE NO. 028395 Ordinance appropriating a $445 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2009 Senior Community Services, Elderly Nutrition Program. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 10.c. RESOLUTION NO. 028396 Resolution authorizing the City Manager or his designee to accept a $500 grant awarded by the United Way Emergency Food and Shelter National Board Program for the FY 2009 Senior Community Services Program. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye" 10.d. ORDINANCE NO. 028397 Ordinance appropriating a $500 grant from the United Way Emergency Food and Shelter National Board Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2009 Senior Community Services Program. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 11.a. RESOLUTION NO. 028398 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $58,492 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the Loan Star Libraries Grant to be used as follows: $40,492 for books for all libraries; $1,000 for archival supplies for La Retama Central Library; and $17,000 for servers and thirteen pcs for public use. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 11.b. ORDINANCE NO. 028399 Ordinance appropriating a grant in the amount of $58,492 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to be used Minutes - Regular Council Meeting November 10, 2009 - Page 5 as follows: $40,492 for books for all libraries; $1,000 for archival supplies for La Retama Central Library; and $17,000 for servers and thirteen pcs for public use. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 16.a. ORDINANCE NO. 028404 Ordinance appropriating an amount of $189,325 from the Unappropriated Fund Balance in Water Fund No. 4010 and amount of $189,325 from the Unappropriated Fund Balance in Wastewater Fund No. 4200 to procure a prefabricated modular building to replace the City Hall Annex Building; changing the FY 2009-2010 Operating Budget adopted by Ordinance No. 028252 to increase appropriations by $378,650. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 16.b. MOTION NO. M2009-311 Motion declaring an emergency and authorizing the City Manager or his designee to execute a procurement contract with Mobile Mini, Inc. of Corpus Christi, Texas in the amount of $265,894 to replace the City Hall Annex Building to preserve the property of the municipality, protect the public health or safety of the municipality's residents, and that the procurement is necessary because of damage to public property. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting — "Aye". 17. MOTION NO. M2009-312 Motion authorizing the City Manager, or his designee, to execute a letter of agreement with Nueces Electric Cooperative in Robstown, Texas, in the amount of $54,714.06 for the FM 624 Continuous Lighting Plan, from Highway 77 to approximately 1,500 feet west of County Road 73. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Minutes - Regular Council Meeting November 10, 2009 - Page 6 19. ORDINANCE NO. 028406 Second Reading Ordinance - Naming the Promenade, sidewalks, and adjacent areas along Corpus Christi Beach, as the Corpus Christi Beachwalk. (First Reading — 10/27/09) An emergency was declared and the foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Mayor Adame opened discussion on Item No. 4. In response to a question by Council Member Leal, Cindy O'Brien, Interim Assistant City Manager explained that $40,446 is budgeted in the current fiscal year, and the balance will be budgeted in next fiscal year. Mr. Escobar further explained that contracts that span over 12 months, overlapping in fiscal years, only the amount needed is budgeted in the current fiscal year, the difference is budgeted in the next fiscal year budget. City Secretary Chapa polled the council for their votes: 4. MOTION NO. M2009-307 Motion approving a service agreement with Mueller Service Co., of Plant City, Florida, for a water valve inspection, operating and repair program in accordance with Bid Invitation No. BI -00141-09 based on best value for an estimated annual expenditure of $53,928 of which $40,446 is budgeted in FY 2009-2010. The term of the contract will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Water Department in FY 2009-2010. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye" Mayor Adame opened discussion on Item No. 5. In response to a question by Council Member Leal, Mr. Paul Pierce, Procurement Manager stated that the containers are for residents in new start-up homes requesting additional containers and replacement units. City Secretary Chapa polled the council for their votes: 5. MOTION NO. M2009-208 Motion approving the lease purchase of approximately 5,124 curbside collection containers from Schaefer Systems International, of Charlotte, North Carolina for the total amount of $232,071.60. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments (H -GAC). The containers will be used in the City's automated collection program. Funds for Minutes - Regular Council Meeting November 10, 2009 - Page 7 the lease purchase of the curbside collection containers will be provided through the City's lease/purchase financing program. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye" Mayor Adame opened discussion on Item No. 6. In response to a question by Council Member Leal, Mr. Pierce responded that the mowers are coming from North Carolina, but that they will be utilizing Robstown Hardware Company, of Robstown, Texas for the delivery, servicing, and the warranty provider for this equipment. City Secretary Chapa polled the council for their votes: 6. MOTION NO. M2009-309 Motion approving the lease/purchase of fifteen (15) riding mowers and purchase of two (2) riding mowers from John Deere Company, of Cary, North Carolina for the total amount of $202,779.57. The award is in accordance with the State's Cooperative Purchasing Program. The equipment will be used by the Parks and Recreation and Wastewater Departments. All seventeen units are replacements to the fleet. Funding for the purchase of the equipment is available in the Capital Outlay Budget of the Maintenance Services Fund. Funding for the lease/purchase of the equipment will be provided through the City's lease/purchase financing program. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye" Mayor Adame opened discussion on Item No. 7. In response to a question by Council Member Leal, Mr. Pierce stated that this is for purchase for vehicles for the police department to assist with public safety. City Secretary Chapa polled the council for their votes: — 7.a. ORDINANCE NO. 028387 Ordinance appropriating and approving the transfer of funds in the amount of $150,180 from the Unreserved Fund Balance in the No. 1020 General Fund for"one time" expenditures into the Capital Outlay Budget of the Maintenance Services Fund No. 5110 for the purchase of vehicles; changing the FY 2009-2010 Operating Budget adopted by Ordinance No. 028252 by increasing appropriations by $150,180 in the No. 1020 General Fund, and by increasing both estimated revenues and appropriations in the No. 5110 Maintenance Services Fund by $150,180 each. Minutes - Regular Council Meeting November 10, 2009 - Page 8 An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 7.b. MOTION NO. M2009-310 Motion approving the purchase of ten (10) 2010 Ford Fusion 4 Door Sedans from Philpott Motors Ltd., Nederland, Texas in the amount of $150,180. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). These units are replacements to the fleet and will be used by the Police Department, Uniform Division. Funding is available from the FY 2009-2010 Capital Outlay Budget in the Fleet Maintenance Fund. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Mayor Adame opened discussion on Items 12, 13, 14 and 15 as requested by Council Member Leal. Ms. Leal spoke about under budgeting by the department. Mr. Rene Mendiola, Director of Municipal Court explained that the court has four reserve funds for monies collected by the court to be used certain items as described in each of the line items. These reserved accounts include monies collected from people who receive convictions. City Secretary Chapa polled the council for their votes: 12. ORDINANCE NO. 028400 Ordinance appropriating $117,064.46 from the Municipal Court Building Security Fund designated for Municipal Court facility security to include walk-thru detector services and hand-held radios for the City Marshals; changing FY 2009-2010 Operating Budget adopted by Ordinance No. 028252 to increase appropriations by $117,064.46. An emergency was declared and the foregoing- ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 13. ORDINANCE NO. 028401 Ordinance appropriating $153,762.15 from the Municipal Court Technology Fund for Municipal Court technological improvements including Server Work, Copier and PC leases, Court Software Data Base Analyst services and toners for Prosecutor's Office; changing FY 2009-2010 Operating Budget adopted by Ordinance No. 028252 to increase appropriations by $153,762.15. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Minutes - Regular Council Meeting November 10, 2009 - Page 9 14. ORDINANCE NO. 028402 Ordinance appropriating $26,712.94 from the Municipal Court Judicial Improvement Fund for judicial improvements; changing FY 2009-2010 Operating Budget adopted by Ordinance No. 028252 to increase appropriations by $26,712.94. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 15. ORDINANCE NO. 028403 Ordinance appropriating $179,504.60 from the Municipal Court Case Manager Fund for salaries, retirement and insurance for three (3) case managers hired to address all court ordered case management, previously working for the Juvenile Assessment Center and one (1) case manager to address Juvenile Now Adult (JNA) cases at the Municipal Court; changing FY 2009-2010 Operating Budget adopted by Ordinance No. 028252 to increase appropriations by $179,504.60. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Mayor Adame opened discussion on Item No. 18. In response to a question by Council Member Leal, Ms. Irma Caballero, Director of Economic Development stated that the city receives an allocation of $12 million for tax credits and tax deductions for businesses located in one of ten census tracts throughout the city. She added that this is a designation made by the federal government to assist blighted areas by offering incentives to businesses to locate and create jobs in those areas. City Secretary Chapa polled the council for their votes as follows: 18. RESOLUTION NO. 028405 Resolution urging adoption of Federal Legislation to extend the period of designation of Tax -Preferred Empowerment Zones, Rural Enterprise Communities, and Renewal Communities. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". ********** Mayor Adame announced that Item No. 20, Zoning Case No. 0909-01 was withdrawn by applicant, Star Concrete. ************* Minutes - Regular Council Meeting November 10, 2009 - Page 10 Mayor Adame stated that Item No. 21 on the regular agenda was being postponed by staff. Mayor Adame then referred to Item No. 22, regarding the New Broadway Wastewater Treatment Plant. Mr. Dan Leyendecker, LNV Engineering provided a brief overview of the project including the project schedule, bid proposals, identified the project area and the green initiatives. He explained that the engineer's estimate for the project was $79.1 million, and that the low bid was 36% lower than the engineer's estimate. Mr. Leyendecker stated that they will rely on local contractors, labor and supplies for the project and that they will have 30 plus local direct hires; heavy equipment will be purchased or leased locally; and 48% of the construction management services will be performed by local engineers and inspectors. Mr. Leyendecker provided a second presentation on Graham Construction Services which included the project goals, explained the experience of the Graham Team, and projects completed or under construction by Graham Construction. Mr. Kevin Riley, Graham Construction Services stated that they are excited about building a new partnership with the city of Corpus Christi and discussed the services they provide. Mr. Pete Anaya, Director of Engineering stated that in the next 6 months to a year, they will be bringing two additional projects related to this project. Council Member Marez asked what the city was doing to keep the community in the area informed, and Mr. Escobar responded that they plan to have updates with the community and a groundbreaking ceremony to kick-off the project, as well as reports to the council. Mr. Marez also asked if Rock Engineering is an accredited company, and Mr. Anaya responded that they did have accreditation. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 22.a. MOTION NO. M2009-313 Motion authorizing the City Manager or his designee to execute a construction contract with Graham Construction Services, Inc. of Eagan, Minnesota in the amount of $50,456,230 for the New Broadway Wastewater Treatment Plant. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 22.b. MOTION NO. M2009-314 Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the professional engineering services contract with Carollo Engineers, P.C., of Dallas, Texas in an amount not to exceed $855,669 for additional construction, Minutes - Regular Council Meeting November 10, 2009 - Page 11 phase, construction observation, and project management services for a restated fee not to exceed $8,221,462 for the New Broadway Wastewater Treatment Plant. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 22.c. MOTION NO. M2009-315 Motion authorizing the City Manager or his designee to execute an engineering materials inspection, testing and laboratory services contract with Rock Engineering and Testing Lab, Inc., of Corpus Christi, Texas in an amount not to exceed $299,997 for the New Broadway Wastewater Treatment Plant. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye" Mayor Adame referred to Item No. 23, regarding the Wind Energy Ordinance. Johnny Perales, Assistant City Manager stated that is for the approval of the second reading. He added that the amendments being proposed are to allow for wider use of onsite wind energy technology and minor changes to the language. Council Member Kieschnick asked if the special use acreage requirement is a separate permit, or an exception, and Ms. Lisa Wargo, Senior Planner explained that the permit is provided by the Board of Adjustment and the process takes about 30 days. Mr. Perales stated that this an administrative process to allow public input from the neighboring property. Ms. Wargo added that the special use exception requirement is not required for building structurally mounted units. Mayor Adame called for public comment. Ms. Carolyn Moon, 4902 Calvin spoke in support of wind energy ordinance. City Secretary Chapa polled the Council for their votes as follows: 23.a. MOTION NO. M2009-316 Motion to amend prior to second reading Sections 27D-4.3 of the Wind Energy Ordinance, by revising paragraph (C). The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 23.b. MOTION NO. M2009-317 Motion to amend prior to second reading Sections 27D-7 of the Wind Energy Ordinance, by revising Subsection 27D-7.1. Minutes - Regular Council Meeting November 10, 2009 - Page 12 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 23.c. ORDINANCE NO. 028407 Amending the Corpus Christi Zoning Ordinance by adding new definitions in Sections 3-1, by re -designating Subsection 3-1.64.1 as Subsection 3-1.64.2, by re - designating and revising Subsection 3.1.67.3 as Subsection 3.1.67.4, by revising Subsections 3-1.65.2 and 3-1.65.5, by adding a new Article 27D, and revising Section 29-3.13, relating to the use, regulations, and review standards for the installation and siting of Wind Energy Conversion Units within the City Limits; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for severance; providing for penalties; providing for publication; and providing an effective date. (First Reading — 10/27/09) An emergency was declared and the foregoing ordinance was passed and approved on its second reading as amended with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Mayor Adame referred to Item No. 24, regarding the reconstruction and widening of Zahn Road. Mr. Johnny Perales, Assistant City Manager stated that is a three-part item associated with the participation agreement and the construction of Zahn Road and related utilities. He explained that Item 24c is for the wastewater system extension which will serve the future development of the GLO lease property and is being funded from the developer trust fund. Council members discussed the following: funding sources; improvement of the road; status of the island action group; status of county beach committee; and issuance of city beach permits and county dune permits. In response to a question by Council Member Scott,- Mr. Perales explained that widening and improvement of the road extends to the entrance of the new subdivision and the internal roadway which will serve the future development of the GLO property. Mr. Perales stated that there will be three lanes connecting with SH 361 to allow ingress and egress during the peak traffic times. He added that the developer will also be doing landscaping improvements in association with the project. Mayor Adame called for public comment. Nita Smith, 13518 King Phillip Court, referred to a document about taxpayers paying for increased services in the TIF zone such as water, sewer line, streets and other infrastructure. Mr. Jay Reining, First Assistant City Attorney responded that the developer pays a certain costs for the water and wastewater lines and the remainder is reimbursed out of the trust funds. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting November 10, 2009 - Page 13 24.a. MOTION NO. M2009-318 Motion authorizing the City Manager or his designee to execute a Construction Agreement with The Preserve at Mustang Island, LLC through its managing member, Forestar (USA) Real Estate Group , Inc. in the amount of $1,503,690.93 for the reconstruction and widening of Zahn Road, and associated water, wastewater, drainage, and landscaping improvements from State Highway 361, east to a point approximately 1,000 feet landward from the Gulf beach vegetation line. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Scott "Abstain". (Note: Council Member Scott originally voted "Aye" on this item. Later in the meeting, Mr. Scott asked council's authority to change his vote. Motion was made by Mayor Adame, seconded by Council Member Martinez and passed to concur with the request) 24.b. ORDINANCE NO. 028408 Ordinance appropriating $1,101,999.38 from the Developer Participation Project in the No. 3546 Street 2009 CIP Fund to reimburse The Preserve at Mustang Island, LLC for the City's share of the reconstruction and widening of Zahn Road, and associated water, drainage, and landscaping improvements from State Highway 361, east to a point approximately 1,000 feet landward from the Gulf beach vegetation line, as specified in the Zahn Road Construction Agreement. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Scott "Abstain". (Note: Council Member Scott originally voted "Aye" on this item. Later in the meeting, Mr. Scott asked council's authority to change his vote. Motion was made by Mayor Adame, seconded by Council Member Martinez and passed to concur with the request) 24.c. ORDINANCE NO. 028409 Ordinance appropriating $401,691.55 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse The Preserve at Mustang Island, LLC for the installation of 529 linear feet of 8 -inch PVC sanitary sewer collection line and 1,537 linear feet of 10 -inch PVC sanitary sewer collection line required for future development of General Land Office property under lease by the City, as specified in the Zahn Road Construction Agreement. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Scott "Abstain". (Note: Council Member Scott originally voted "Aye" on this item. Later in the meeting, Mr. Scott asked council's authority to change his vote. Motion was made by Mayor Adame, seconded by Council Member Martinez and passed to concur with the request) Minutes - Regular Council Meeting November 10, 2009 - Page 14 Mayor Adame referred to the presentations on the day's agenda. The first presentation was Item No. 25, Proposed Packery Channel Tax Increment Financing Project Improvements. Pete Anaya, Director of Engineering stated that this presentation is regarding the packery channel improvements and the six pack improvements. He stated that the completed and ongoing projects are the boat ramps, parking and access road to boat ramps, dredging at boat ramps, parking lot behind the seawall, and the restrooms at the parking lot behind the seawall. Mr. Anaya stated that the six-pack improvements total $7,868,000; and that the city is moving forward with Phase A, the Packery Channel Parking and Overlooks, and Phase B, the Navigational Aides Day Markers. He discussed and displayed a layout depicting the different phases of these improvements and costs for each phase. At the end of the presentation, Mr. Anaya stated that they have started the public involvement process. Council members discussed the following: outdoor showers in the restroom areas; placement of electrical outlets; relocation of the restroom facilities; installation of shades/benches in the pavilion area; public outreach; status of island action group; timeframe for completion; and a comprehensive plan for these improvements. The next presentation was Item No. 26, Health and Risk Management Claims Report — 4th Quarter FY 2009. Ms. Cynthia Garcia, Director of Human Resources provided an overview and explained that the fund is composed of the following three components: health benefits, worker's compensation, and general liability. She explained the plan enrollment, medical and pharmacy expenses paid for all plans for retirees and active employees including fire and public safety; cost per employee performance; health plan expenses vs. revenues; worker's compensation costs; worker's compensation paid on prior year claims; general liability costs by department; general liabilities paid on prior year claims; and city vehicle accidents status. Council members discussed the following: percentage costs for citicare, fire and public safety for medical expenses; benefit of re -bidding contract; cobra contribution; participation by convention and visitors bureau employees on city health insurance; and health discounts. Mr. Oscar Martinez, Assistant City Manager provided an update on General Accounting Standards Board (GASB). Mr. Martinez stated that they are continuing their discussions with police officers and the fire union. He added that they are researching and evaluating the OPEB trust fund as an option and have interviewed 8 cities; research funding through the issuance of bonds; unblending of citicare rates; use of surplus city contribution in fund balance; potential impact of liability on operating funds; continue negotiations of plan design changes with police and fire; staff continues to meet with RFP and GASB45 subcommittees; and contracted with Mercer to complete the 2009 valuation. Mr. Martinez further explained that there was a restatement of the condition of the TMRS fund and the required contributions of participating municipalities which resulted in increasing the city's TMRS contributions effective January 2009, from 14.8% to 22.40%. Minutes - Regular Council Meeting November 10, 2009 - Page 15 Mr. Martinez stated that the city has elected the option to phase-in the increase over an 8 year period until it reaches the 22.40%. In response to a question by Council Member Adler, Mr. Martinez responded that it is 22.40% of the total salaries for city employees and police. Mr. Martinez stated that all cities participating in TMRS received notice of the increase percentage and given the option, and several cities opted to phase-in. * * * * * * * * * * A motion was made by Mayor Adame and seconded by Council Member Martinez and passed to accept Council Member Scott's request to rescind his vote on Item No. 24 from "Aye" to "Abstain". * * * * * * * * * * The last presentation was Item No. 27, Change in Fiscal Year Update. Ms. Cindy O'Brien, Interim Assistant City Manager provided an overview including a history of the current fiscal year; recap of the top twenty texas cities; reason for change to September 30th; timeline and important dates; explained the variables; modifications to computer systems; financial impact of change to the general fund and debt service fund Ms. O'Brien explained the process to change the fiscal year and stated that next fiscal year the city would present a 14 -month budget, then the following next fiscal year present a 12 -month budget. She explained the financial impact for the first two months of the fiscal year could present a deficit shortfall of approximately $4,375,040 for that two month period. She stated that 74% of the expenditures are salaries and benefits; 15% allocations; 4% debt service transfer, and 6% operating costs. She discussed options to recover the deficit shortfall. Ms. O'Brien suggested that instead of presenting a 14 -month budget, an option would be to submit two 13 -month budgets. Council members discussed the following: recovering the deficit shortfall; increase revenue or -decrease expenditures by this amount; how do you change the calendar year; zero based budgeting; balancing the budget; schedule for changing fiscal year; revenue from the ad valorem tax rate; interdepartmental allocations; and balancing the budget. Mr. Chesney stated that it may be necessary to hold a workshop session to discuss this issue. Mayor Adame scheduled a workshop meeting for next Tuesday, November 17, 2009 at 9:45 am or 10:00 am. ************* Mayor Adame called for petitions from the audience. Carolyn Moon, 4902 Calvin, spoke in support of ending negotiations with Brass Real Estate, and in support of the Swim Group; Dan Vera, spoke about several items; Lionel Lopez, 4325 Philippine, spoke about Las Colonias Model Subdivision Rules; Nita Smith, Minutes - Regular Council Meeting November 10, 2009 - Page 16 13518 King Philip Court, spoke about the timeline for the phases for the Packery Channel projects and the Master Plan dated 2004; Johnny French, 4417 Carlton, spoke about the packery channel amenities; Alicia Benavidez, 7252 Mansions, spoke in support of Brass Real Estate; Weldon Miller, 10606 Westwood, spoke in support of Brass Real Estate and against a park in that area; Diane Metz, 602 Sorrell, spoke in support of Brass Real Estate and referred to a petition signed by 170 people; Carrie Robertson, 4401 Gulfbreeze, spoke about development in the bayfront area and against giving away public land to private enterprize; Joe O'Brien, 4130 Pompano, spoke about development in bayfront area, supports changing the fiscal year and changing public comment to the Noon hour; Mary Ann Kelly, 4302 Schanen, spoke against the Brass Real Estate proposal; Richard Moya, 1314 Tyler Avenue, spoke in support of the IceRays; Weslee Baker, 13909 Isla Colon, spoke about the memorial coliseum and in support of growth and development; Norman Navarro, spoke about the lack of growth. Mayor Adame recessed the meeting. Mayor Adame reconvened the meeting. JoAnn Gilbertson, 4601 Gulfbreeze, Boulevard, spoke in support of the beachwalk project; Roland Garza, spoke in support of the Brass Real Estate proposal; Amy Nolan, spoke in support of the Brass Real Estate proposal and development in that area; Abel Alonzo, spoke in support of the Brass Real Estate proposal; John Kelley, 413 Waco, spoke about previous projects in the bayfront area. ************* There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 4:15 p.m. on November 10, 2009. I 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 10, 1009, which were approved by the City Council on November 17, 2009. WITNESSETH MY HAND AND SEAL, on this the 17th day of November, 2009. Armando Chapa City Secretary (SEAL)