399  CITY OF INGLESIDE MINUTES FEBRUARY 14, 2023 6:30P.M.  REGULARCITY COUNCIL MEETING  Opening Agenda  1. Calll Meeting to order.  The Regular Meeting of the City of Ingleside was called to order by Mayor Adame at 6:30 p.m. Onl February 14,2023, at City Hall 2671 San Angelo Ingleside, TXa andl live video  streaming. 2. Roll Call.  With Council Members present a quorum was established. Long, Julio Salinas andl Mayor Pedro Oscar Adame. Council member Pruitt led the invocation.  Council Members Present: Steve Diehl, Stewart Wilson, David Pruitt, John Salinas, Tracy  3. Invocation.  4. Pledge of Allegiance.  Mayor Adame led the Pledge of Allegiance to the U.S. flag.  5. Citizen Comments and Reports  Att this time, written comments: received by 4:00 p.m. ont the day oft the meeting, on any subject matter that isr not on the agenda, willl ber read ands summarized: int the minutes oft the meeting. Persons wishingt to address the Council and whol have registered using the Citizen Participation Form willl have up to three minutes to speak. In accordance with the Open Meetings Act, Council: may not discuss ort take action on any item that has not been posted on the agenda. While civil public criticism is not prohibited; disorderly conduct or disturbance oft the peace as prohibited by law shall be cause for the chair tot terminate the offender'st time to Cindy Wilson, 2635 San Angelo Avenue, addressed the Council about the Legacy Oaks andt there not being a definitive answer. Wilson believed there are Legacy Oaks where the newer subdivisions are goingt to be built and encouraged the Council to consider how old  speak.  those Oak Trees are before allowing them tol be cut down. The Council may discuss anys subject which iss specifically listed under this item. No Staff Comments and Reports presented for this meeting. The Council may discuss any subject whichi iss specifically listed undert this item. No Council Comments and Reports presented for this meeting.  Staff Comments and Reports  7. Council Comments and Reports  Public Hearing  The City Council shall call aj public hearing on each item below int this section.. Any person wishing to address the  City Council on these items should please come forward when that public hearing is called.  No. Public Hearings scheduled for this meeting.  Executive Session 8. Closed Session  City Council will meet in Closed Session pursuant to thej provisions ofChapter 551 of the Texas Government Code, in accordance with the: authority contained in:  February 14, 2023, Regular City Council Minutes  Page 1of6    400  a. Section 551.071 Consultations with Attorney Concerning legal issues related b. Section 551.071 Consultations with Attorney - Concerning contracts and Section 551.087 Deliberation regarding Economic Development Negotiations At 6:34 p.m. Mayor Adame convened the Ingleside City Council into a closed session pursuant to provision of Chapter 551 of the Texas Government Code, in accordance with the authority contained in Section 551.071 Consultations with Attorney and 551.087 City Council will reconvene in Open Session at which time action on the matter(s) a. Section 551.071 Consultations with Attorney Concerning legal issues related b. Section 551.071 Consultations with Attorney Concerning contracts and Section 551.087 Deliberation regarding Economic Development Negotiations At 7:16 p.m. Mayor Adame reconvened the Ingleside City Council into an open session pursuant to provision of Chapter 551 of the Texas Government Code to take any action necessary related to the executive session noted herein, or regular agenda items, noted City Manager Lewis briefed the Council on the amendment to the engagement letter. He explained that Council has options. Discussion among the Council Members, Emest Garza, and City Staffa about the audit completion datei ifextension was granted, normal procedures for determining the amount oft time needed to complete the audit, determination of date for  tot the case of City of] Ingleside V. City of Corpus Christi  agreements -Project Green  Deliberation regarding Economic Development Negotiations. discussed in Closed Session may be considered.  9. Open Session  to the case of City of Ingleside V. City of Corpus Christi  agreements -P Project Green  above, and/or related items.  April 15, 2023 and complete audit by. June 27, 2023.  Attorney Michael Morris stated he would draft the agreement as follows:  The City of Ingleside, Texas ("City") and Ernest R. Garza & Co., P.C. CPA's ("ERG") agree that ERG will provide the audit services described in the. June 3, 2022 "Amendment tol Engagement Letter" by and between the City and ERG for thea audit year ending September 30, 2022 fort the sum of$37,000 and will complete the audit on or before. June 27,2023 provided all necessary information is provided Motion: Council Member Diehl made ai motion to approve Ernest R. Garza & Co., P.C. CPA's to conduct the annual audit for Year Ending September 30, 2022 and authorize the City Attorney to draft the agreement, as stated above, to conduct the annual audit for Year Ending September 30, 2022. Council Member John Salinas seconded the motion. Motion  by April 15,2023.  carries with all present voting ini favor.  Presentations  10. Presentation by. Jennifer Hunter ofGypsy MIC International Corpus Christi Chapter in reference tol Request for Special Usel Permit For Gypsy M/C International Corpus Christi Chapter for the usage of the front circle ofLive Oak Park for May 4, 2023 City Manager Lewis addressed the Council indicating Director Tarkington and Jennifer Hunter would be presentingi information about the request for a special use permit for the Jennifer Hunter spoke about the days and times needed, the application process, what the rally was for, donations for other locations, live music, andt the Chapter being ai non-profit  through May 7,2023.  Gypsy M/C International Corpus Christi forl Live Oak Park.  organization.  February 14, 2023, Regular City Council Minutes  Page 2 of6    401  Discussion held among Council Members, City Staff and Presenter about noise control,  traffic, andj prior years hosting this event.  Consent Agenda  All consent agendai items listed are considered to ber routine by the City Council and willl be enacted by one motion. There will ber nos separate discussion oft thei items unless a Council Member So1 requests, in which event thei item will 11.Deliberate and take appropriate action on second and final reading of an Ordinance of the City Council of the City of Ingleside, Texas, ordering and calling a Special Election pursuant to Section 327.007 oft the Texas' Tax Code to determine whether the citizens desire to reauthorize thel locals sales and use tax to continue providing revenue for maintenance and repair of municipal streets; prescribing the form of ballot; providing for notices; providingaseverablity clause; and declaring an effective date. 12. Deliberate and take appropriate action on Regular City Council Meeting Minutes of December 13, 2022 and Special Meeting Minutes ofl December 27, 2022. Motion: Council Member Diehl made ai motion to approve the Consent Agenda. Council Member Wilson seconded the motion. Motion carries with allj present voting in favor. 13. Deliberate and take: appropriate action on: a Resolution of the City Council oft the City of Ingleside, San Patricio County, Texas, to nominate Kiewit Offshore Services, Ltd. City Managerl Lewis addressed the Council stating that the proposed Resolution would not Director Carr stated that the Texas Enterprise Zone Program is at tool that abates the States portion of Sales Tax and only requires that the City nominate them for the agreement. For the nomination Kiewit has agreed toi invest new capital expenditures (CapEx) dollars of $10million over the next 55 years andi maintain 1,800 employees. Staffrecommend, passing this resolution as this has been done multiple times with the City to be good partners with Discussion was held with Kiewit Consultant Jeff Bevel, Kiewit Comptroller Bob, Council Members, and Staff about the enterprise zone 10 year census block zones, and how this Motion: Council Member John Salinas made a motion to nominate Kiewit Offshore Services, Ltd. For the Texas Enterprise Zonel Program and approve Resolution 2023-09, as presented. Council Member Long seconded the motion. Motion carries with all present 14. Deliberate and take appropriate action regarding the issuance of Special Use Permit to Gypsy MIC International, Corpus Christi Chapter for the usage of the front circle Director Tarkington spoke to the Council about the application for the special use permit. He stated that in the past the Gypsy M/C International Corpus Christi Chapter had always Discussion wasl held betweent the Council, Staff, and Presenter Jennifer Hunt abouti requests for stage, relaxation of noise, traffic safety issue with other events around this event, and Motion: Council Member Julio! Salinas made a motion to approve the request fora a special use permit as discussed. Council Member Diehl seconded the motion. Motion carries with  ber removed from the Consent Agenda and considered! ini its normal sequence ont the agenda.  Proposed Ordinance 2023-04  Regular Agenda  fort the Texas Enterprise Zonel Program. be a cost to the City and toi introduce Director Carr.  Kiewit.  affects economic disadvantaged citizens and veterans.  voting ini favor.  ofLive Oak Park for May 4,2023 through May 7,2 2023. cleaned up after an event and recommended the permit bei issued.  commitment ofs same as last year. allp present voting in favor.  February 14, 2023, Regular City Council Minutes  Page 3of6    402  15. Deliberate and take appropriate action on the acceptance of the City of Ingleside City Manager Lewis presented Emest Garza. Garza summarized and discussed the audit in detail. He stated thati it was over aj year agol he sent the City al list of financial issues andt the financials needed a lot of updating and corrections duet to stafft turnover. Garza discussed the unqualified statement and was satisfied witht the City'sf financial reporting. Discussion was held1 between the Council, Garza, and Staff about the different funds and how the spending for the City had previously happened, How Garza analyzed and why, Transfers on Utility Funds, General Funds, Comparisons, Terminology, variances, assignment on the revenues, and audit breakdown vs. Historical Breakdown, Consistent Mayor Adame leftt the dais at 8:12 p.m. and returned to the dais at 8:14p p.m. Further discussion was held between the Council, Ernest Garza, and Staffa about amendments and expenditures, identifying changes ini the last couple of years, Changes in staff that causes inconsistencies, unincumbered balance, deposit procedures for the City, management letters, and all departments falling under the City Manager.  Annual Financial Report for the Year Ended September. 30,2021.  Liquidity.  Council Member Wilson left the dais at 8:24j p.m. Council Member Wilson returned tot the dais at 8:27p p.m.  Motion: Council Member Long made a motion to accept the City ofl Ingleside Annual Financial Report for the Year Ended September 30, 2021. Council Member Julio Salinas seconded the motion. Motion carries with all present voting ini favor. 16. Deliberate and take appropriate action on a Change Order for the 4th Street Project to address the drainage from 6th Street and Avenue. A. City Manager Lewis stated that the City had been in discussion with the property owner about a drainage channel that goes across his property and asked thel Engineers to come up with (3) three different scenarios to convey the storm water thati is going across that private Discussion was held between the Council Members, City Manager and Director of Infrastructure about using the lowest cost scenario option 2 which will not interfere with the property, the parts of the city that this water comes from, flow line depth, preempted the flow from Ave A and future work, how deep ofculvert for 36i inch pipe on Ave A, and Council Member Julio Salinas left the dais at 8:35 p.m. and returned to the dais at 8:38 Continued discussion held between the Council, City Manager and Director of Infrastructure about the pricing for additional inlets, cost, thei natural flow into the private property, original plan called for the natural flow to go across this property however the owner of the property is contesting this and saying the city doesn't have an easement, discussion about the private property, the baffle box within the easement that we currently have, erosion of the private property, pre-existing issue of the drainage flow, the culvert within the city's (20) twenty foot easement, if the approval of the contract is required, anticipating additional costs, 75% complete on the project, unknowns on utilities being 90% complete, $30,000.00 left in contingencies, and how estimate for change order came Cindy Wilson, 2635 San Angelo, addressed the Council about change orders and materials not being available at the time. What most will not understand is that you have an engineering company that has been with this city for how many years. The engineers are supposed tol know whati isi in this city and come tos you and tells you that itist them that has ap priority over al lot ofthe things that have happened! here in] Ingleside because they are the ones whoi initiated it. Ift they know sO much about the City of Ingleside, why do youl have  property.  flow line at 6th Street (6) six feet down, drainage inlets.  p.m.  about.  sor many unknowns int the utilities, streets, and everything else.  February 14, 2023, Regular City Council Minutes  Page 4 of6    403  Further discussion on 6th Street & Ave A are always flooded and deterioration, drainage changes since 1986, the ditch being dug by force, contingencies set up for going through the older part of town where most of the unknowns are, completion date in 3 months, demobilization and remobilization of equipment and making sure this goes along with the Motion: Council Member Long made ai motiont tot tablet the Change Order fori the 4th Street Project to address the drainage from 6th Street and Avenue A until March 14, 2023, Council Meeting. Council Member John Salinas seconded the motion. Motion carries with 17.1 Deliberate and take appropriate action on the initial draft for the request for City Manager Lewis stated that this request was brought forth by the Mayor and we have arough draft for the Engineering Services tol be the City Engineer. The draft was included int the Council Packet andi isa available to make changes ifneeded. Discussion was held among the Council Members about getting the city tol have al Project Manager, (EIT) Engineer in Training working toward their PE, the duties of this position, return on thei investment for this position for the city, The current Engineer working for the City and what that current work loadi is, Ther next step of doing on-site inspections along withl Engineering, How would this new position bej paid, being able to use this to screen potential engineers, General Services Engineers currently also represents the Client which cannot happen, the Previous position for Project Manager and why it was not as successful position att that time, Engineers in' Training (EIT) VS. (PE) Professional Engineers and the various stages in between, Looking for a firm that would meet the City's qualifications, Turn over in the field of Engineering, and the City not beingi in a Council Member Pruitt left the dais at 9:35 p.m. and returned to the dais at 9:37 p.m. Further discussion was held about several options, the current contract for services in place, two issue to be addressed (engineering design and publishing of plans) and (management execution of the] projects), cost for general services only without other services provided, and bringing the current contract to the Council. Motion: Council Member. Julio Salinas made ai motion toj proceed with a draft for the request for qualifications. Council Member. John Salinas seconded the motion. Motion  drainage Study.  all present voting in favor.  qualifications (RFQ) for General Engineering Services.  position tol have a full time Engineer on Staff.  carries voting 6:1. For Motion: Against Motion:  Council Member Diehl, Council Member Wilson, Council Member Pruitt, Council Member. John Salinas, Council Member Julio Salinas, and Mayor Adame. Council Member Tracy Long  18. Announcements of Community Interest and/or upcoming events. a. Ingleside State of The Chamber February 16, 2023 b. TMLI Region 11 Quarterly Meeting Yoakum, TXI February 24,2023 d. City of] Ingleside Kickball Tournament March 11,2023 San Patricio County Day in Austin, TXI March 23, 2023 Ingleside Round Up Days and Music Festival March 24-25, 2023 Scrabble Tournament for Literacy Portland, TX April 21, 2023  San Patricio County Professional Skills & Trades Job Fair Portland, TX  February 16, 2023  h. Trashion Fashion Show April 22,2 2023 19.1 Items to consider for placement on future agendas. Council Member Diehl requested for contract for services.  Council Member John Salinas requested tol have the Ingleside BBQ Team recognized.  February 14, 2023, Regular City Council Minutes  Page 5of6    404  Council member Diehl requested for an update on the TxDot lighting request. Mayor Adame adjourned the Regular City Council Meeting at 9:50p.m.  20. Adjourn.  APPROVED:  hO Pedro Oscar Adame, Mayor  ATTEST: ur Ruby Mowles, City Secretary  February 14, 2023, Regular City Council Minutes  Page 60 of6