HomeMy WebLinkAboutMinutes City Council - 10/17/2006[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 October 17, 2006, which were approved by the
City Council on October 31, 2006.
WITNESSETH MY HAND AND SEAL, on this the 31th day of October, 2006.
Armando Chapa
City Secretary
SEAL
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Mark Scott
Council Members:
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
John Marez
Jesse Noyola
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
October 17, 2006 - 10:00 a.m.
City Staff:
City Manager George K. Noe
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 Chaplain Lynn Blackler of CHRISTUS Spohn Hospital
Corpus Christi — Memorial and the Pledge of Allegiance to the United States flag was led by Council
Member Marez.
Mayor Garrett called for approval of the minutes of the regular Council meeting of October
10, 2006. A motion was made and passed to approve the minutes as presented.
**
Mayor Garrett referred to Item 2 and the following board appointment was made:
Pip* and Recreation Advisory Committee
Rene Richard Gutierrez (Appointed)
***,x**x*
Mayor Garrett referred to Item 16, a presentation on the Corpus Christi Rayz. Mr. Doug
Frank, owner of the Corpus Christi Rayz, briefed the Council on their new team theme, "My Town,
My Team", and invited the Council to attend the CC Rayz season opener on Saturday, October 21,
2006.
Mayor Garrett called for consideration of the consent agenda (Items 3 - 12). There were no
comments from the public or from the Council. A motion was made and passed to approve Items 3
through 12, constituting the consent agenda. City Secretary Chapa polled the Council for their votes
as follows
Minutes - Regular Counci Meeting
October 17 2006 - Page 2
3. MOTION NO. 2006-333
Motion approving a supply agreement with SSP Partners, Corpus Christi, Texas for regular
unleaded gasoline n accordance with Bid invitation No. BI -0188-06 based on only bid for an
estimated semi-annual expenditure of $80,375. The term of the supply agreement is for six
months, with an option to extend for up to five additional six-month periods subject to the
approval of the supplier and the City Manager or his designee. Funds have been budgeted
by Maintenance 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".
4. MOTION NO. 2006-334
Motion approving a service agreement with AmerPride Service, Corpus Christi, Texas for
uniform rental service in accordance with Bid Invitation No. BI -0004-07 based on best value
for an estimated two year expenditure of $103,688 of which $38,883 is available for the
remainder of FY 2006-2007. The term of the contract shall be for twenty-four months with
an option to extent for up to one additional twelve-month period subject to the approval of
the supplier and the City Manager or his designee. Funds have been budgeted by the using
departments 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. 2006-335
Motion approving service agreements with the following companies for the following
amounts for two separate online subscription services, based on sole source respectively for
an estimated annual expenditure of $72,348. The online subscription services will be
available to the 54 member libraries of the South Texas Library System (STLS). The terms
of the contracts shall be for twelve months with an option to extend for up to two additional
twelve-month periods subject to the approval of the service providers and the City Manager
or his designee. Funds are available through the South Texas Library System Grant.
Fairfield Language Technologies
Harrisonburg, Virginia
Item No.: 1
$27,390
Learning Express LLC
New York, New York
Item No.: 2
$44,958
Grand Total: $72,348
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
Minutes — Regular Councii Meeting
October 17 2006 — Page 3
6.a. MOTION NO. 2006-336
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$113,333 from the State of Texas, Criminal Justice Division for continuation funding
available under the Violence Against Women Act (VAWA) Fund and to execute all related
documents.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
6.b. ORDINANCE NO. 027022
Ordinance appropriating $113,333 from the State of Texas, Criminal Justice Division in the
No. 1061 Police Grants Fund for continuation funding available under the Violence Against
Women Act (VAWA) Fund.
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"
MOTION NO. 2006-337
Motion authorizing the City Manager or his designee to execute a professional legal services
agreement with Tim L. Brown for assisting the City of Corpus Christi with general water
issues and other ongoing projects, at an hourly rate of $175, subject to certification of funds.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
8. MOTION NO. 2006-338
Motion authorizing the City Manager or his designee to execute Ratification and Amendment
No. 1 to the Materials Testing Services Contract with Fugro Consultants, LP, of Corpus
Christi, Texas in the amount of $11,964 for a total restated fee of $33,908 for the Downtown
Drainage Improvements. Phase " - Project "A"- Water Street Interceptor and Inlets.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
9.a. ORDINANCE NO. 027023
Ordinance appropriating $418,357.79 from the unappropriated interest earnings and
unappropriated bond proceeds from Seawall Capital Improvement Plan Fund 3270 for the
Seawall Reconstruction Contract B -2A and Contract D; amending the Capital Budget
adopted by Ordinance No 026997 by increasing appropriations by $418.357.79.
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"
Minutes - Regular Counci Meeting
October 17. 2006 - Page 4
9.b. MOTION NO. 2006-339
Motion authorizing the City Manager or his designee to execute Amendment No. 21 to
authorize payment for engineering services previously performed by Shiner Moseley and
Associates, Inc., of Corpus Christi, Texas in an amount not to exceed $90,000 for additional
design and construction phase services for the Seawall Contract B -2A Project and Traffic
Control Modifications.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
10. MOTION NO. 027024
Motion authorizing the City Manager or his designee to execute a Right -of -Way Easement
instrument with the landowners, Charles Scott Mandel and wife, Thelma Mandel in the
amount of $40,525 for acquisition of Parcel 3, necessary for the Cimarron Street
Improvement Project - Saratoga to Yorktown, Phase 1(#6261), BOND 2004, and for other
municipal purposes.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
11. ORDINANCE NO. 027025
Ordinance amending the Code of Ordinances, Chapter 53 (Traffic) by revising Section 53-
254 (Speed Limits) by decreasing the speed limit on Staples Street (FM 2444) from 50 mph
to 45 mph from its intersection with the south right-of-way line of Saratoga Boulevard.
(SH357) to a point 0.383 miles south; providing for penalties.
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.a. ORDINANCE NO. 027025
Ordinance appropriating $5,612.81 from the unappropriated interest earnings in the Museum
2005 Capital Improvement Program Fund 3262 and approving the transfer of $22,905 from
Park and Recreation 2001 Capital Improvement Program Fund 3288 to and appropriating
into Museum 2005 Capital Improvement Program Fund 3262 for the Museum Fire
Suppression System, Phase 2: amending Capital Budget FY 2006-2007 adopted by
Ordinance No. 026997 by increasing appropriations by $28,517.81.
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"
Minutes - Regular Counci Meeting
October 17 2006 - Page 5
12.b. MOTION NO. 2006-341
Motion authorizing the City Manager or his designee to execute a construction contract with
Ranger Fire, Inc., of Grapevine, Texas in the amount of $165,000 for the Museum Fire
Suppression System, Phase 2 for the total Base Bid and Additive Alternate No. 1.
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 referred to Item 14, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0906-04, Kris D. Hawkins: A change of zoning from a "R-1 C" One -family Dwelling
District to an "A-2" Apartment House District, Tyler Subdivision, Block 1, Lot 7 and 5,416.5 -
square feet out of Flour Bluff and Encinal Farm and Garden Tracts, Lot 25, Section 52,
located at the intersection of Wyndale Street and Spring Lane.
City Secretary Chapa stated that the Planning Commission and staff recommended approval
of the "A-2" Apartment House District.
No one appeared in opposition to the zoning change. Mr. Garcia made a motion to close the
public hearing, seconded by Ms. Cooper. and passed. Mr. Chapa polled the Council for their votes
as follows.
14. ORDINANCE NO. 027026
Amending the Zoning Ordinance, upon application by Kris D. Hawkins, by changing the
zoning map in reference to Tyler Subdivision, Block 1, Lot 7, and adjacent unplatted property
being 5,416.5 -square feet in area out of Flour Bluff and Encinal Farm and Garden Tracts,
Lot 25, Section 52, from "R -1C- One -family Dwelling District to "A-2" Apartment House
District; amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan; providing a penalty.
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"
Mayor Garrett recessed the regular Council meeting to hold a meeting of the Corpus Christi
Housing Finance Corporation (CCHFC.
Mayor Garrett referred to the presentations on the day's agenda. The first presentation was
Iter 17 regarding the Red Light Camera Program. Assistant City Manager Oscar Martinez provided
a brief overview on the program, included historical information on program implementation in other
cies, and how the program worked. Mr Martinez also discussed the legal considerations of the
project, noting that Texas had no law that explicitly addressed the use of red-light cameras. He said
that initially, State law prohibited municipalities from issuing civil citations for red-light violations
Minutes - Regular Counci. Meeting
October 17. 2006 - Page 6
because it conflicted with a state law imposing criminal penalties. In September2003, however, the
State legislature approved an amendment to the Texas Transportation Code that authorized
municipalities to impose civil penalties against the owner of a motor vehicle for a violation of a
municipal ordinance. Finally, he said in June 2006, the Attorney General ruled that use of red light
cameras was allowed on state roads. He noted that the state legislature had considered legislation
addressing red light cameras in all but one of the last six sessions
Ms. Susan Allen, MIS Business Unit director, reported on the types of technology involved.
She said the city was interested in installing Video Detection Systems as opposed to a Loop
System She also discussed the quality of captured images and streaming videos.
Captain Bob McDonald briefed the Council on public safety considerations. He said that
speeding and red light violations represented the majority of citizen complaints regarding city traffic.
He discussed the city's current enforcement efforts through the STEP program. He also explained
why red light violations are difficult to enforce. He spoke in favor of the red light program as an
effective and efficient way to enforce red light violations. He also referred to a number of problem
intersections in Corpus Christi. He said a recent study demonstrated that red light running was a
particular problem in the Corpus Christi area.
Assistant City Manager Martinez reported on the city's current program evaluation efforts.
He said that the city had issued an RFP on August 16, 2006, requiring a 30 -day demonstration
period. He said the Police department would identify demonstration sites, and no citations would be
issued during the demonstration. Mr. Martinez discussed the contracted services requirements and
the city's requirements in the RFP. He said the vendor would be responsible for implementing the
system, and thus they would suffer the loss if the state legislature decided to prohibit the cameras in
the future. He said three proposals were received, and the demonstration was scheduled to begin
on October 16 If appropriate. he said staff would submit a recommendation to the Council in late
December 2006.
Mayor Garrett and .ouncilmember Kelly emphasized that they were uncomfortable with the
idea of using law enforcement as a profit center. City Manager Noe replied that the initiative was
solely a public safety initiative geared toward improving traffic safety in the community. Captain
McDonald added that the city would not allow a vendor to tamper with the timing of the yellow lights
to increase revenues.
Council members asked questions about the programs in other cities in the State; how any
collected revenues would be allocated; any future State legislation affecting the program; TxDOT's
potential agreement to placing cameras on state highways; the preliminary capital costs to
implement the program; and taking pictures of the driver as well as the license plate of the motor
vehicle.
Municipal Court Judge Rudy Tamez spoke regarding the city's process to prosecute violators
in the courts.
Police Chief Bryar Smith spoke in support of the red light camera program as a way to
reduce aggressive driving and to promote public safety. He said if the program proved to be
effective, the city could implement `dummy" cameras in problem intersections, demonstrating that
the goal was to change driver behavior, not increase revenues. He also emphasized that an officer
was still going to decide whether a citation needed to be issued by reviewing all the video; he said
the citation process was not completely automated.
Minutes - Regular Counci Meeting
October 17 2006 - Page
public.
Mayor Garrett called for a brief recess to present proclamations.
Mayor Garrett called for petitions from the audience. There were no comments from the
Mayor Garrett announced the executive session, which was listed on the agenda as follows:
18. Executive session under Texas Government Code Section 551.071 to consult with the City's
attorneys regarding legal issues related to Garwood Water, with possible discussion and
action related thereto in open session.
The Council went into executive session.
The Council returned from executive session. Mayor Garrett referred to Item 13, a
presentation on Packery Channel related studies. Ms. Carolyn Murphy with the U.S. Army Corps of
Engineers introduced Dr. Nicholas Kraus. Dr. Joe Moseley, Mr. Joe Moake, and Dr. Paul Montagna,
who presented their results on two major studies on the Packery Channel project.
Dr, Nicholas Kraus with the Corps of Engineers presented his findings regarding Baseline
Physical Process Monitoring. He said the study looked at water movement within Packery Channel
compared with the theoretical projected movement predicted in the original design studies. He
worked in conjunction with faculty from Texas A&M University to conduct the studies. Dr. Kraus
concluded that the city should continue monitoring Packery Channel to allow for "adaptive
management". He also said the city could expect to dredge the channel every one to two years, and
recommended placing the dredged sand on "downdrift" beaches, which may vary seasonally. He
also recommended that the city not permit the shoreline next to the jetties to advance too much to
avoid channel sanding in. He cautioned the city against allowing sand to enter the channel by wind.
He said the current will no be strong in the channel, promoting safer navigation. Finally, Dr. Kraus
stated that the GIWW was not expected to experience extra sand infiltration by the presence of
Packery Channel.
Dr. Joe Moake with HDR/Shiner Moseley presented information on benthic and avian
community surveys in the Mollie Beattie coastal habitat community. Dr. Paul Montagna with the
Harte Research Center Texas A&M Corpus Christi) also presented information on benthic
community monitoring in the Mollie Beattie coastal habitat community. He concluded that the salinity
changed after the channel opened in the following ways: diurnal fluctuations appeared; and a
decrease in mean salinities. He said there were no significant changes in the benthos as the result
of Packery Channel in the last five months, but microfauna changes may occur over a year's time.
He suggested that the city continue sampling year-round to capture seasonal variability.
Mayor Garrett called for the City Manager's report. City Manager Noe reported that the first
neighborhood meeting for the Model Block Program would be held from 6:00 p.m. to 7:00 p.m. at the
Gonzalez Community Center on Brownlee Road. He also reported that the retirement ceremony for
the city's first African-American female firefighter, Deborah Johnson, was taking place today at Fire
headquarters. He also announced that the 65th Police Academy Graduation would take place this
Minutes — Regular Counci Meeting
October 17. 2006 — Page 8
Friday at 2:00 p.m., Selena Auditorium. Additionally, he announced that Police Chief Bryan Smith
was holding a press conference today at 2:00 p.m., Police Chief conference room, regarding graffiti
activities. Finally, Mr. Noe reminded the Council that the October 24 meeting had been cancelled;
the next Council meeting was scheduled for October 31
Mayor Garrett asked about a portable air conditioning unit located at the rear of the Police
Station. City Manager Noe reported that the air conditioning unit was necessary until a replacement
was installed and purchased. Assistant Director of Engineering Services Kevin Stowers reported
that staff anticipated that the bid award would probably take place in December.
Mayor Garrett called for Council concerns and reports. Mr. Noyola reminded the audience
that the city's Board and Commission Reception would take place this Thursday. He also
announced that West Oso ISD was awarded the Board of the Year award from Region 2. He said a
celebratory reception would take place on November 2.
Mayor Garrett announced that a former city employee, Police Lt. Arnie Guerrero, passed
away yesterday morning.
Mr. Garcia reported that at yesterday's town hall meeting, the citizens expressed concern
about aging infrastructure in older subdivisions and infrastructure in new subdivisions. He
emphasized that the developers constructed the new streets in subdivisions, and then transferred
ownership to the city. Assistant City Manager Ron Massey stated that storm water and wastewater
systems in older subdivisions were designed with fewer inlets and smaller, clay pipes. Mr. Garcia
said the city was sensitive to the citizens' concerns, and was trying to address them through bond
issues and other measures.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 1:36 p rn. on October 17, 2006.