HomeMy WebLinkAboutMinutes City Council - 01/30/2007I 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 January 30, 2007, which were approved by the
City Council on February 13, 2007.
WITNESSETH MY HAND AND SEAL, on this the 13th day of February, 2007.
61"91‘226( --
Armando Chapa
City Secretary
SEAL
PR
ENT
Ma Henry Garrett
Mayer Pro Tem Rex Kinnison
Coujlcil Members:
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
John Marez
Jesse Noyola
Marls Scott
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
January 30, 2007 - 10:00 a.m.
City Staff:
City Manager George K. Noe
City Attomey Mary Kay Fischer
City Secretary Armando Chapa
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor Jacoby St. Pierre with Faith Temple and the Pledge
of ASegiance to the United States flag was led by Council Member Jesse Noyola.
Mayor Garrett called for approval of the minutes of the regular Council meeting of January
23, 2 o07. A motion was made and passed to approve the minutes as presented.
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Mayor Garrett called for consideration of the consent agenda (Items 2 - 11). City Secretary
Chau announced that Item 12 was being withdrawn by staff. There were no comments from the
publl. City Secretary Chapa polled the Council for their votes as follows:
2. MOTION NO. 2007-027
Motion approving a supply agreement with Univar USA, of Corpus Christi, Texas for
potassium permanganate in accordance with Bid Invitation No. BI -0070-07, based on only
bid for an estimated annual expenditure of $490,758.80. The term of the contract will be for
twelve months with an option to extend for up to four additional twelve-month periods subject
to the approval of the supplier and the City Manager or his designee. Funds have been
budgeted by the Water Department in FY 2006-2007.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
3. MOTION NO. 2007-028
Motion approving supply agreements with the following companies for the following amounts
for emulsified polymerized asphalt in accordance with Bid Invitation Nos. BI -0003-07 and BI -
0050 -07 based on only bid and low bids, respectfully, for an estimated semi-annual
expenditure of $402,065. The terms of the agreements shall be for six months with options
to extend for up to five additional six-month periods, subject to the approval of the suppliers
and the City Manager or his designee. Funds have been budgeted by the Street
Department in FY 2006-2007.
Minutes — Regular Council Meeting
January 30, 2007 — Page 2
Sem Materials
Conus Christi, TX
Primary Contractor
$210,000
Cleveland Asphalt Products, Inc.
Shepherd, TX
Secondary Contractor
$83,100
Grand Total: $402,065
Ergon Asphalt & Emulsion, Inc.
Austin, TX
Secondary Contractor
$108,965
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
4. MOTION NO. 2007-029
Motion approving the purchase of eighty-four (84) traffic signal cameras from Texas Highway
Products LTD, of Round Rock, Texas in accordance with the State of Texas Cooperative
Purchasing Program in the amount of $73,500. The traffic signal cameras will be installed in
existing traffic control monitoring systems. Funds have been budgeted by the Street
Department in FY 2006-2007.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
5. MOTION NO. 2007-030
Motbn approving a supply agreement with Hill Country Dairies, of Corpus Christi, Texas in
accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-07-2
for 152,000 half-pint containers of low fat milk, based on low bid for an estimated twelve
month expenditure of $28,880. The term of the contract shall be for twelve months with an
option to extend for up to three additional months subject to the approval of the Coastal
Bend Council of Governments, the supplier, and the City Manager or his designee. Funds
have been budgeted by Senior Community Services in FY 2006-2007.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
RESOLUTION NO. 027130
Resolution authorizing the submission of a grant application in the amount of $50,000 to the
State of Texas, Texas Alcoholic Beverage Commission for the funding of overtime to
enforce underage drinking laws, to prevent youth access to and illegal use of alcohol, and
provide for an educational program with a City cash match of $23,523 and in-kind
contribution of $746, for a total project cost of $74,269, and authorizing the City Manager or
his designee to apply for, accept, reject, alter or terminate the grant.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
7. RESOLUTION NO. 027131
Resolution authorizing the City Manager or his designee to submit a grant application to the
Texas Parks and Wildlife Department in the amount of $30,000 to operate the Community
Outdoor Outreach Program (CO-OP), an outdoor recreation program for youth participating
in the City's summer program.
MintIes — Regular Council Meeting
January 30, 2007 — Page 3
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
8. ORDINANCE NO. 027132
Ordinance appropriating $8,000 into the Library Capital Improvement Program Fund No.
3210 for improvements to the Parkdale Branch Library from the William T. Neyland Estate;
amending FY 2006-2007 Capital Budget adopted by Ordinance No. 026997 to increase
appropriations by $8,000.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye".
9. MOTION NO. 2007-031
Motion authorizing the City Manager or his designee to execute a construction contract with
Fox Tree and Landscape Nursery, of Corpus Christi, Texas in the amount of $264,102.50 for
the Oso Water Reclamation Plant Landscape Improvements for the Base Bid and Additive
Alternate AA.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
10.a. MOTION NO. 2007-032
Moton approving the Sanitary Sewer Collection Line Extension Construction and
Remnbursement Agreement submitted by Nasser Farahnakian, owner and developer of Lot
1, Block 1, Sunrise Business Park located south of SH 44 access road and west of
CIaPkwood Road for the installation of 544 -linear feet of 10 -inch over -sized, over -depth PVC
sanitary sewer collection line.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
10.b. ORDINANCE NO. 027133
Ordinance appropriating $29,314.80 from the Sanitary Sewer Collection Line Trust Fund No.
54050-21801-4220 to pay Nasser Farahnakian, for the installation of 544 -linear feet of 10 -
inch PVC sanitary sewer collection line as specified in the Sanitary Sewer Collection Line
Extension Construction and Reimbursement Agreement to develop Lot 1, Block 1, Sunrise
Business Park.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye".
11.a. MOTION NO. 2007-033
Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement
Agreement submitted by Nasser Farahnakian, owner and developer of Sunrise Business
Mirages — Regular Council Meeting
January 30 2007 — Page 4
Park, Lot 1, Block 1 located south of SH 44 access road and west of Clarkwood Road for the
installation of 466 -linear feet of 12 -inch PVC water grid main.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
11.b. ORDINANCE NO. 027134
Ordinance appropriating $47,860.95 from the Arterial Transmission and Grid Main Trust
Fund No. 540450-21805-4030 to pay the Nasser Farahnakian reimbursement request for
the installation of 466 -linear feet of 12 -inch PVC grid main to develop Sunrise Business
Park, Lot 1, Block 1.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye".
12. WITHDRAWN
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Mayor Garrett referred to Item 13, and a motion was made, seconded and passed to open
the public hearing on the following zoning ordinance amendment:
13.a. Public hearing to consider amending the Zoning Ordinance Article 33 "Supplementary Sign
Regulations, Permits, Plats, and Filing Fees" allowing intermittent lighting, Light Emitting
Die (LED) and Liquid Crystal Display (LCD) Signage.
Interim Assistant Director of Development Services Faryce Goode -Macon referred to a
pow*rpointpresentation explaining the digital technology of Light Emitting Diode (LED) and Liquid
Crystal Display (LCD); samples of the signage; and the proposed text amendment to allow
intermittent lighting. Jack Gordy, 4118 Bray Drive, spoke regarding on -premise signage and the
monitoring of state law regulations. Mr. Garcia made a motion to close the public hearing, seconded
by Mr. Noyola, and passed. Mr. Chapa polled the Council for their votes as follows:
13.b. FIRST READING ORDINANCE
Amending Article 33 "Supplementary Sign Regulations, Permits, Plats, and Filing Fees"
allowing intermittent lighting, Light Emitting Diode (LED) and Liquid Crystal Display (LCD)
Signage; providing for penalty; providing for publication; and providing for an effective date.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting
"Aye".
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Mints — Regular Council Meeting
January 30, 2007 — Page 5
Mayor Garrett opened discussion on Item 14 regarding the collective bargaining agreement
with the Corpus Christi Police Officers Association. City Manager Noe said that this item authorized
the execution of the collective bargaining agreement with the Corpus Christi Police Officers
Association and provided a summary of the contract. In response to Mr. Marez, Domingo Ybarra,
President of the Corpus Christi Police Officers Association, answered that the vote from the
association was 211 to 28 and the contract would impact future recruitment efforts. Council
members expressed their appreciation to staff and Mr. Ybarra for resolving the police contract. City
Secretary Chapa polled the Council for their votes as follows:
14. MOTION NO. 2007-034
Morn authorizing the City Manager to enter into a collective bargaining agreement with the
Corpus Christi Police Officers' Association for wages, benefits, and working conditions.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
Mayor Garrett opened discussion on Item 15 regarding the third location for a Weed and
Seed Site in the Flour Bluff area. Director of Parks and Recreation Sally Gavlik presented this item.
There was no public comment. City Secretary Chapa polled the Council for their votes as follows:
15. RESOLUTION NO. 027135
Resolution authorizing the City Manager or his designee to submit a grant application to
serve as the Fiscal Agent for the Department of Justice, Community Capacity Development
Office, Weed and Seed FY 2007-2008 Weed and Seed South East Site (Flour Bluff)
Program, with DOJ funding in the amount of $175,000.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Chesney, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Scott was absent.
Mayor Garrett opened discussion on Item 16 regarding the Automated Red Light
Enforcement Program. Assistant City Manager Oscar Martinez, provided an overview of the item.
Michel Barrera, Procurement and General Services Manager provided a review of the Request for
Proposals process including the committee membership; the evaluation criteria; the evaluation
matrix; a contract summary; and a recommendation to award the contract to Redflex Traffic System,
Inc.
Council members asked questions regarding the subjectivity of the rating system; purchase
options; revenue earning potential; the review process in comparison with other cities; collection of
finest termination for clause language; maintenance of the equipment; mobile cameras; and issues
involving the Texas Department of Transportation. City Secretary Chapa polled the Council for their
votes as follows:
16.a. OR,)INANCE NO. 027136
Amending the Code of Ordinances, Chapter 53, Traffic, by establishing an Automated Red
Light Enforcement Program; providing for publication; and providing for penalties.
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Chesney, Cooper, Garcia, Kelly; Kinnison, Marez, Noyola, and Scott, voting
"Aye".
Minutes — Regular Council Meeting
January 30, 2007 — Page 6
16.b. OVINANCE NO. 027137
Ordinance appropriating $68,180 from anticipated revenues generated from the Photo
Redlight Enforcement for professional services provided by Redflex Traffic Systems, Inc.;
amending the FY 2006-2007 Operating Budget adopted by Ordinance No. 026908 by
increasing estimated revenues and appropriations by $68,180 each.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett. Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye".
16.c. MOTION NO. 2007-035
Motion authorizing the City Manager or his designee to execute a contract with Redflex
Traffic System, Inc., of Scottsdale, Arizona for a Photo Redlight Enforcement Program in
accordance with Request for Proposal No. BI -0013-07 based on best value for an estimated
first year expenditure of $584,400 of which $68,180 is budgeted in FY 2006-2007. The term
of the contract will be for five years with an option to extend the contract for up to two
additional twelve-month periods.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
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Mayor Garrett referred to Item 17, an Update on Development Services Process
Improvement by Horizon Centre. George Arimes, Horizon Centre, referred to a powerpoint
presentation including the performance improvement process and customer expectations;
accomplishments and implementation process; and ongoing work programs.
Lon Hipp, Chairperson of the Development Services Advisory Group (DSAG), stated that
DSPC is involved in reviewing the following: customer service goals, the Unified Development
Code, the Storm Water Master Plan, Utility Financing Study and the Wastewater/Storm Water
Infra*tructure for new development. He said the important issues included hiring for temporary
posions; time participation and customer involvement to speed up the process.
Council Members expressed concern regarding hiring of positions; customer "one chair"
system; project accountablity and continued involvement of DSAG.
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Mayor Garrett called for petitions from the audience. There was no public comment
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Mayor Garrett announced the executive session, which was listed on the agenda as follows:
22. Executive session under Texas Government Code Section 551.071 regarding Robert
Partney v. City of Corpus Christi; Cause No. 05-546-F, in the 214th Judicial District Court,
with possible discussion and action related thereto in open session.
Minutes — Regular Council Meeting
January 30, 2007 — Page 7
The Council went into executive session. The Council returned from executive session and
the following motion was passed with the following vote:
22. MOTION NO. 2007-036
Motion authorizing the City Manager to employ Sandra Sterba-Boatwright of Donnell,
Abernethy & Kieschnick to provide legal representation to the City of Corpus Christi in Cause
No. 05-546-F; Robert Partney vs. City of Corpus Christi; in the 214th Judicial District Court at
an hourly rate of $200.00, subject to certification of funds.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Keay, Marez, Noyola, and Scott, voting "Aye"; Chesney, Garcia, and Kinnison were absent.
****** ******
Mayor Garrett referred to Item 18, a presentation regarding the Dtown Wayfinding and Street
Scaaes and the Bayfront Mester Plan, Raymond Gignac, Gignac & Associates Architects, and Alan
Ward, Sasaki Architects, referred to a powerpoint presentation including the bayfront district
hierarchy; DTown wayfinding elements and identification; Dtown streetscape guidelines and
hierarchy for Chaparral, Sc t atzell-Peoples, Broadway, Kinney -Cooper's Alley; and the next steps for
the bayfront Development including the design phase stage 1 submittal, cost estimates of the base
bid and alternates areas, and a schedule update.
Council members asked questions regarding maintenance for irrigation and landscaping;
location of the development; timeline for completion; Chaparral Street as a two-way street;
stakeholder support; inclusion of the barge dock; and future cafe pavilion.
Mayor Garret referred to Item 19, a presentation regarding the 2006 Crime Statistics. Police
Chiu Bryan Smith referred to a powerpoint presentation of graphs detailing statistics of offenses
committed in 2006 and comparison of previous years including criminal homicide; forcible rape;
robbery; aOgravated assault; crimes against persons and family violence; burglary; larceny -theft; and
motar vehicle theft. He provided information on the Pawn Shop Detail; Holiday Crime Prevention
Initiative; Click it or Ticket campaign results; traffic accidents and fatalities; speed enforcement;
graffiti cases; and future crime initiatives.
Council members asked questions regarding the connection of crime to dropout rates;
percentage of gas drive -offs; homicide rate in comparison with other cities of similar size; and
narcotics initiatives; target locations for prevention initiatives; and graffiti.
Mayor Garrett referred to Item 20, a presentation on the Economic Development GIS
Demonstration. Irma Caballero, Director of Economic Development stated that this interactive site
for economic development known as the Corpus Christi Prospector supports investors and
developers by providing features on information of properties, demographics, business data, and
maps. Susan Cable, Director of E -Government, provided the council with a demonstration on the
city's website.
Mayor Garrett referred to Item 21, a presentation regarding the Bond Issue 2004 Update
(Report # 4). Angel Escobar, Director of Engineering referred to a report provided to Council
including the comprehensive project list; a project timeline (by Sequence number) for the Street
Improvement projects and Public Health & Safety, Public Facility, Park & Recreation/Museum and
Bayfront Development Plan Projects; and individual status reports for each project. Mr. Escobar
reported on the awarding of twenty-one construction contracts; an update of completed projects; and
upcoming phases for the projects
Minutes — Regular Council Meeting
January 30, 2007 — Page 8
Council members asked questions regarding the completion of the seawall; replacement of
sidewalks for Cliff Maus Phase 2 (Sequence No. 15) and 3 (Sequence No. 16); construction
contacts associated with school activity; contractor flexibility; the timeframe for Cluster Seven: Nile
Area (Sequence No. 10); Park Road 22 Bridge (Sequence No. 23); Laguna Shores Road
(Sequence No. 21) and the outdoor firing range from the Bond 2000 project.
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Mayor Garrett called for the City Manager's report. City Manager Noe announced that the 2nd
Annum! "City Hall in the Mall* would be held Saturday, February 3rd from 10:00 a.m. to 6:00 p.m. and
Sunday, February 4th from 12:00 p.m. to 6:00 p.m. at Padre Staples Mall. Mr. Noe announced that
the mailable space in City Hall would display a series of art exhibitions for local artists beginning
with Phyllis Finley's exhibition starting on February 9th on the second floor with a reception from 6:00
p.m. to 8:00 p.m.
Mayor Garrett called for Council concerns and reports. Council Member Scott expressed his
concern regarding a sinkhole from a failing pipe at the intersection of Angel Avenue and Alameda
Street and a small pothole on Alameda Street towards Louisiana Avenue. Mr. Scott asked staff
about ordinances regarding pitbulls and dangerous animals. Mr. Noe responded that the City is
prohibited by State law to target a specific breed and that staff would provide the current ordinance
along with cotter cities' ordinances regarding this issue.
Council Member Garcia asked questions regarding a timetable for patching of potholes that
developed due to the recent rainfall. Council Member Noyola asked for an update on the
impounding of uninsured vehicles.
Theme being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 2:58 p.m. on January 30, 2007.
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