HomeMy WebLinkAboutMinutes City Council - 12/19/2006I 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 December 19, 2006, which were approved by the
City Council on January 16, 2007.
SEAL
WITNESSETH MY HAND AND SEAL, on this the 16th day of January, 2007.
Armando Chapa
City Secretary
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
December 19, 2006 - 10:00 a.m.
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
*Mr. Marez arrived at 10:27 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 The Most Reverend Edmond Carmody, D.D., Bishop of
Corpus Christi and the Pledge of Allegiance to the United States flag was led by Council Member
Rex Kinnison.
Mayor Garrett called for approval of the minutes of the regular Council meeting of December
12, 2906. A motion was made and passed to approve the minutes as presented.
* * * * * * * * * * * *
Mayor Garrett called for petitions from Corpus Christi Police Officers Association. Domingo
Ybarra, President of the Corpus Christi Police Officers Association spoke regarding the police
contract negotiations and stated that the CCPOA was requesting mediation. He asked that
nego9ations be resolved and that police officers receive an increase in pay. In response to Council
Member Noyola, Mr. Ybarra stated that the indexing system is the final issue that remains
unresolved.
* * * * * * * * * * * *
Mayor Garrett called for consideration of the consent agenda (Items 2 - 37). There were no
comments from the public. Council Member Rex Kinnison requested that Item 4 be pulled for
individual consideration. Council Member Jerry Garcia requested that Items 7 and 10 be pulled for
individual consideration. Council Member Jesse Noyola requested that Items 24 and 25 be pulled
for individual consideration. City Secretary Chapa polled the Council for their votes as follows:
2. MOTION NO. 2006-409
Motion approving a supply agreement with Ennis Paint, Inc., of Ennis, Texas for
approximately 6,875 gallons of pavement marking paint in accordance with Bid Invitation No.
BI -0077-07 based on low bid for an estimated semi-annual expenditure of $57,365. The
term of the supply agreement will be 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 Street Services for FY 2006-2007.
Minutes — Regular Council Meeting
December 19, 2006 — Page 2
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
3. MOTION NO. 2006-410
Motion approving the purchase of one heavy truck in accordance with Bid Invitation No. BI -
0023 -07 from Grande Truck Center, of San Antonio, Texas based on only bid for a total
amount of $56,718. This is a replacement unit. Funds are available in the Street Operations
Budget.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
MOTION NO. 2006-412
Motion approving a supply agreement with Nardis Public Safety, of San Antonio, Texas for
police uniforms, in accordance with Bid Invitation No. BI -0181-06, based on low bid meeting
specifications for an estimated annual expenditure of $60,214.25. The term of the contract
will be for twelve months with an option to extend the contract 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 the Police Department in FY 2006-2007.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
MOTION NO. 2006-413
Motion approving the purchase of twenty-eight (28) police radar units from Kustom Signals,
Inc., of Lenexa, Kansas for a total amount of $69,378. The award is based on the
cooperative purchasing agreement with the Houston Galveston Area Council (H -GAC). The
radar units will be used by the Police Department. Funds are available through the Justice
Assistance Grant, the Weed and Seed Police Grant, and the Police Department Operation
Budget.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
MOTION NO. 200-415
Motion approving the purchase of police training equipment from TACnologies LTD, of
Kerrville, Texas for the total amount of $30,325. The award is based on a sole source. The
equipment will be used by the Police Department for simulating live tactical maneuvers.
Funding is available in the Law Enforcement Trust Fund.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
MOTION NO. 2006-416
Motion approving the lease purchase of (1) Pierce engine pumper from Siddons Fire
Apparatus, Inc., of Houston, Texas for the total amount of $350,000. The award is based on
the cooperative purchasing agreement with the Houston Galveston Area Council (H -GAC).
Minutes — Regular Council Meeting
December 19, 2006 — Page 3
This pumper will be used by the Fire Department. Funds for the lease purchase of the
engine pumper will be provided through the City's lease/purchase financing program.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
11. MOTION NO. 2006-418
Motion approving the purchase of three (3) computer servers from Dell Marketing LP, of
Round Rock, Texas in accordance with the cooperative purchasing agreement with the
State of Texas in the amount of $28,452. Funds are available in the Solid Waste Operating
Fund.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
12.a. MOTION NO. 2006-419
Motion authorizing the City Manager or his designee to execute a lease purchase agreement
with Bank of America in the amount of $569,500 for the Police Department Chilled Water
Plant Upgrade 2006 project.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
12.b. MOTION NO. 2006-420
Motion authorizing the City Manager or his designee to execute a construction contract in
the amount of $569,500 with Weathertrol, Inc., of Corpus Christi, Texas for the Police
Department Chilled Water Plant Upgrade 2006 project.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
13. MOTION NO. 2006-421
Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the
construction contract with King -Isles, Inc., of Corpus Christi, Texas in the amount of
$87,128.74 for the Furman Avenue Development/Spohn Shoreline Hospital Sanitary Sewer
project.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
14. MOTION NO. 2006-422
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with Dykema Architects, Inc., of Corpus Christi, Texas in the amount of $86,856 for
the Parkdale Library Renovations 2006.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
Minutes — Regular Council Meeting
December 19, 2006 — Page 4
15. MOTION NO. 2006-423
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
Contract for Professional Services with Chuck Anastos Associates, LLC, of Corpus Christi,
Texas in the amount of $124,500 for a total restated fee of $137,000 for the New Southside
Fire Station. (BOND ISSUE 2004)
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
16. MOTION NO. 2006-424
Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the
Contract for Professional Services with RVE, Inc., of Corpus Christi, Texas in the amount of
$50,180 for a revised total fee of $699,710 for the Waldron Road Street Improvements -
Purdue to Glenoak and Mediterranean Extension for additional design for Glenoak Drive
Drainage Improvements and Water Line Replacement. (BOND ISSUE 2004)
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
17. MOTION NO. 2006-425
Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the
Engineering Services Contract with Freese and Nichols, Inc., of Fort Worth, Texas in an
amount not to exceed $98,920 for the Wholesale Raw Water SCADA Improvements- 2006
Project for the Replacement of Master Meter No. 1 at O. N. Stevens Water Treatment Plant.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
18. MOTION NO. 2006-426
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
Laboratory's Welding Inspection and Testing Services Contract with Base Line Data, Inc., of
Portland, Texas in the amount of $1,995 for a restated total not to exceed fee of $26,982 for
the Rincon Bayou Diversion Project Intake Pump Station, Diversion Pipeline, and Discharge
Structure Hondo Creek Bridge Replacement Project.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
19. MOTION NO. 2006-427
Motion authorizing the City Manager or his designee to execute a Geotechnical Services
Agreement with Kleinfelder, Inc., of Corpus Christi, Texas in an estimated amount not to
exceed $202,440 for the J. C. Elliott Landfill Groundwater Monitoring and Sampling - 2007
and 2008.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
Minutes — Regular Council Meeting
December 19, 2006 — Page 5
20. RESOLUTION NO. 027085
Resolution authorizing the City Manager or his designee to execute an Advanced Funding
Agreement with the Texas Department of Transportation (TxDOT) in the amount of $4,080
for the Holly Road Improvements Project from SH 286 to Greenwood Drive. (BOND ISSUE
2004)
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was
absent.
21. MOTION NO. 2006-428
Motion authorizing the City Manager or his designee to execute Change Order No. 2 with
SLC Construction, L.P., of Conroe, Texas in the amount of $62,992.43 for a total restated
not to exceed contract amount of $2,793,618.98 for the Water Main Improvements: Leopard
Street and Third Street project.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
22. MOTION NO. 2006-429
Motion authorizing the City Manager or his designee to execute a Texas Buy Board Contract
with Musco Sports Field Lighting, LLC, of Round Rock, Texas in the amount of $898,353 for
the Sports Field Lighting Improvements. (BOND ISSUE 2004)
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
23. MOTION NO. 2006-430
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
Contract for Professional Services with Urban Engineering, Inc., of Corpus Christi, Texas in
the amount of $115,035 for a revised total fee of $204,735 for the Rodd Field Village
Improvement District.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
26.a. MOTION NO. 2006-433
Motion approving an amendment to the Arterial Transmission and Grid Main Construction
and Reimbursement Agreement submitted by C.C.T. Navigation -Cameron, LP, developer of
Navigation Pointe, Block 1, Lot 1, to reflect a cost increase of $11,556.25 for constructing an
additional 200 -linear feet of 12 -inch PVC water grid main and to extend the time period for
the developer to be eligible for reimbursement from December 30, 2006 to December 31,
2007 due to delays in the completion of construction.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
Minutes — Regular Council Meeting
December 19, 2006 — Page 6
26.b. ORDINANCE NO. 027088
Ordinance appropriating an additional $11,556.25 from the Water Arterial Transmission and
Grid Main Trust Fund No. 540450-21805-4030 to pay C.C.T. Navigation -Cameron, LP for
constructing an additional 200 -linear feet of 12 -inch PVC water grid main.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott,
voting "Aye"; Marez was absent.
27.a. MOTION NO. 2006-434
Motion approving the Sanitary Sewer Collection Line Extension Construction and
Reimbursement Agreement submitted by HEB Grocery Company, LP, owner and developer
of Lots 6, 6A, 7, 10, 13, and 14 Island Business Center Annex and Lot 8, Block A, Island
Business Center Unit 1, located east of Waldron Road and south of South Padre Island
Drive for the installation of 1,242- linear feet of 10 -inch PVC sanitary sewer collection line.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
27.b. ORDINANCE NO. 027089
Ordinance appropriating $161,377.10 from the Sanitary Sewer Collection Line Trust Fund
No. 540450-21801-4220 to pay HEB Grocery Company, LP, for the installation of 1,242 -
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 Lots 6,
6A, 7, 10, 13, and 14 Island Business Center Annex and Lot 8, Block A, Island Business
Center Unit 1.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott,
voting "Aye"; Marez was absent.
28. ORDINANCE NO. 027090
Ordinance authorizing the City Manager or his designee to execute a Use Privilege
Agreement with Contractors Safety Council of the Coastal Bend ("Owner"), for the right to
install, operate, repair, replace and maintain a private 2 -inch PVC force main along the south
side of the Leopard Street public right-of-way, from 7433 Leopard Street, approximately
2,188 -feet west of an existing city manhole at the intersection with Southern Minerals Road;
establishing a fee of $2,338.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott,
voting "Aye"; Marez was absent.
29. ORDINANCE NO. 027091
Ordinance authorizing the City Manager or his designee to execute a Use Privilege
Agreement with Kalogridas and Kalogridas, LLC and First Commerce Bank ("Owner") for the
right to construct, operate, repair, replace, and maintain a private 2 -inch PVC force main to
Minutes — Regular Council Meeting
December 19, 2006 — Page 7
extend approximately 448 -linear feet within a city utility easement and the Palmira Avenue
Street right-of-way; establishing a fee of $598.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott,
voting "Aye"; Marez was absent.
30. MOTION NO. 2006-435
Motion authorizing the City Manager or his designee to execute a purchase agreement with
Dialogic Communications Corporation in the amount of $65,000. This purchase enhances
an already procured application from Dialogic Communications Corporation utilized by
Emergency Operations groups of Corpus Christi, Nueces, and Kleberg Counties.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
31.a. MOTION NO. 2006-436
Motion adopting the timetable for the FY2007 Consolidated Annual Action Plan that is the
planning and application process for the Community Development Block Grant (CDBG),
HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) programs.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
31.b. MOTION NO. 2006-437
Motion reaffirming Community Development Block Grant and HOME Investment
Partnerships Program objectives and guidelines as previously approved and amended by
City Council Policy No. 9.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
32. RESOLUTION NO. 027092
Resolution adopting the Corpus Christi Commercial Revitalization Local Strategic Plan.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was
absent.
33. MOTION NO. 2006-438
Motion approving a $5.00 per person admission fee for "Art in the Park", sponsored by
Friends of the Park held from April 27 through April 29, 2007 in Sherrill Park.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
Minutes — Regular Council Meeting
December 19, 2006 — Page 8
34. ORDINANCE NO. 027093
Ordinance amending the Code of Ordinances, Chapter 3 1/2, Alarm Systems by amending
Section 31/2 -11, Reporting of alarm signals and Section 31/2-15, Alarm monitoring and
reporting; providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott,
voting "Aye"; Marez was absent.
35. ORDINANCE NO. 027094
Abandoning and vacating a 7,292.92 -square foot portion (50' wide x 145' long) of an
undeveloped and unsurfaced, dedicated public right-of-way (Linda Lee Drive) out of Block 3,
Tropic Heights Unit 2, adjacent to and south of Mediterranean Drive public right-of-way;
subject to owner's compliance with the specified conditions.
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye";
Marez was absent.
36. ORDINANCE NO. 027095
Abandoning and vacating a 1,820.49 -square foot portion of an undeveloped and
unsurfaced, dedicated public right-of-way (Whitecap Blvd.) out of Padre -Island -Corpus
Christi, Section -C; north of the Windward Drive and west of the Leeward Drive public rights-
of-way; subject to owner's compliance with the specified conditions.
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye";
Marez was absent.
37. ORDINANCE NO. 027096
Adopting the shaded portions of the Drainage Criteria Technical Guide for the Corpus Christi
Drainage Criteria and Design Manual required to make revisions to the City of Corpus Christi
Storm Water Master Plan map sheets; providing a severability clause; providing a repealer
clause.
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye";
Marez was absent.
Mayor Garrett opened discussion on Item 4 regarding service agreements for improved right-
of-way strip mowing. Council Member Kinnison asked questions regarding the evaluation criteria of
the bidders. City Secretary Chapa polled the Council for their votes as follows:
4. MOTION NO. 2006-411
Motion approving service agreements with the following companies for the following
amounts for improved right-of-way strip mowing, based on best value in accordance with Bid
Invitation No. BI -0145-06 for an estimated semi-annual expenditure of $166,101.26. The
Minutes — Regular Council Meeting
December 19, 2006 — Page 9
term 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 contractors and the City Manager or his
designee. Funds have been budgeted by Storm Water for FY 2006-2007. (Attachment # 4)
Sierra Services
Corpus Christi, TX
Group: 1
$30,835.64
O.J.'s Lawn Services
Corpus Christi, TX
Groups: 2-3
$28,509.80
Aspen Lawn Services
Corpus Christi, TX
Group: 4
$34,767.36
A & D Contracting J.Z. Lawn Service, Inc. Ramon Dorame
Corpus Christi, TX Corpus Christi, TX Corpus Christi, TX
Group: 5A Group: 5B Group: 6
$34,601.26 $17,107.20 $20,280
GRAND TOTAL: $166,101.26
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
Mayor Garrett opened discussion on Item 7 regarding the purchase of one graffiti removal
truck. In response to Council Member Garcia, Michael Barrera, Procurement and General Services
Manager, said the graffiti truck would be available for use immediately after it is received. City
Secretary Chapa polled the Council for their votes as follows:
7_a. RESOLUTION NO. 027084
Resolution authorizing the Procurement and General Services Manager or his designee to
participate in an Interlocal Purchasing Agreement with the City of El Paso when in the best
interests of the City of Corpus Christi.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was
absent.
7.b. MOTION NO. 2006-414
Motion approving the purchase of one (1) graffiti removal truck from Casa Ford, Inc., of El
Paso, Texas in accordance with the City of El Paso's Solicitation No. 2007-038 for the total
amount of $77,322.14. The truck will be used by the Police Department. Funding is
available in the Crime Control District Fund.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
Mayor Garrett opened discussion on Item 10 regarding the installation of new carpet and
vinyl the at the Greenwood Branch Library. Council Member Garcia asked about the bidding
process and the specifications of work. City Secretary Chapa polled the Council for their votes as
follows:
10 MOTION NO. 2006-417
Motion approving a contract with Allison Flooring America, of Corpus Christi, Texas for the
installation of new carpet and vinyl tile at the Greenwood Branch Library in the amount of
Minutes — Regular Council Meeting
December 19, 2006 — Page 10
$33,727.82. The award is in accordance with the State's cooperative purchasing program.
Funds are available from the Community Development Block Grant Fund.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
Mayor Garrett opened discussion on Item 24 regarding Rose Acres Subdivision. Council
Member Noyola acknowledged the involvement of Nueces County and the City to assist the
residents of the subdivision with water installation. City Secretary Chapa polled the Council for their
votes as follows:
24.a. MOTION NO. 2006-431
Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement
Agreement submitted by Nueces County, developer of Rose Acres Subdivision located at
the intersection of FM 665 (Old Brownsville Road) and FM 763 (OCL) for the installation of
4,645 -linear feet of 16 -inch PVC water grid main.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
24.b. ORDINANCE NO. 027086
Ordinance appropriating $412,183.89 from the Arterial Transmission and Grid Main Trust
Fund No. 209010-4030 to pay the Nueces County reimbursement request for the installation
of 4,645 -linear feet of 16 -inch PVC grid main to develop Rose Acres Subdivision.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott,
voting "Aye"; Marez was absent.
Mayor Garrett opened discussion on Item 25 regarding the Navigation Pointe subdivision.
Council Member Noyola asked questions regarding drainage in the subdivision. City Secretary
Chapa polled the Council for their votes as follows:
25.a. MOTION NO. 2006-432
Motion approving an amendment to the Sanitary Sewer Collection Line Extension
Construction and Reimbursement Agreement submitted by C.C.T. Navigation -Cameron, LP,
developer of Navigation Pointe, Block 1, Lot 1, to extend the time period for the developer to
be eligible for reimbursement from December 30, 2006 to December 30, 2007 due to delays
in the completion of construction and to reduce the Developer reimbursement from
$110,141.25 to $82,510.20 due to decrease in platted acreage.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent.
25.b. ORDINANCE NO. 027087
Ordinance amending Ordinance No. 026561 to reduce the appropriation from the Sanitary
Sewer Collection Line Trust Fund No. 540450-21801-4220 to $82,510.20 to pay the C.C.T.
Navigation -Cameron, LP, request for constructing a sanitary sewer collection line.
Minutes — Regular Council Meeting
December 19, 2006 — Page 11
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott,
voting "Aye"; Marez was absent.
Mayor Garrett referred to Item 38, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Cagy No. 1106-05, Weber Plaza Development, LLC: A change of zoning from an "A-1"
Apartment House District and an "A-2" Apartment House District to a "B-4" General Business
District on .22 acres out of the easterly portion of Lot 4, Ellendale Gardens Subdivision and
Ellendale Annex Block A, located on the southwest comer of Up River Road and IH -37.
City Secretary Chapa stated that the Planning Commission recommended approval of the
"B-4" General Business District and staff recommended denial of the "B-4" General Business District
and, in lieu thereof, approval of a "B-1/SP" Neighborhood Business District with a Special Permit
that affows for a hotel or motel development, subject to a site plan with seven (7) conditions.
Mayor Garrett asked for public comment in opposition to the zoning change. Mr. Eloy
Salazar, 8206 Campodolcino, spoke in support of 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:
38. ORDINANCE NO. 027097
Amending the Zoning Ordinance upon application by Weber Plaza Development, LLC, by
changing the zoning map in reference to 0.22 acres out of the easterly portion of Lot 4,
Ellendale Gardens Subdivision and Ellendale Annex Block A from "A-1" Apartment House
District and "A-2" Apartment House District to "B-4" General Business 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 referred to Item 39, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 1106-07, Grunwald Printing: A change of zoning from a "R-2" Multiple Dwelling
District to a "B-4" General Business District on Bayview Unit 2, Lots 7 and 14, Block 3,
located at 1215 11th Street and 1218 12`h Street, approximately 150 feet north of Morgan
Avenue.
City Secretary Chapa stated that the Planning Commission recommended approval of the
"B-4" General Business District and staff recommended denial of the "B-4" General Business
District.
No one appeared in opposition to the zoning change. Mr. Noyola made a motion to close
the public hearing, seconded by Mr. Garcia, and passed. Mr. Chapa polled the Council for their
votes as follows:
Minutes — Regular Council Meeting
December 19, 2006 — Page 12
39. ORDINANCE NO. 027098
Amending the Zoning Ordinance, upon application by Grunwald Printing, by changing the
zoning map in reference to Bayview Unit 2, Lots 7 and 14, Block 3, from "R-2" Multiple
Dwelling Distract to "B-4" General Business District; amending the Comprehensive Plant 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 referred to Item 40.a., a presentation by Duncan Associates regarding the
"Utility Alternative Financing Study' Report. Jim Duncan with Duncan Associates referred to a
powetpoint presentation regarding the following: the purpose of the project; alternative financing
methods; surveys of capital facility financing and utility rate comparison for similar Texas cities;
wastewater and storm water facilities including current financing and altematives; and a summary of
recommendations.
Mayor Garrett referred to Item 40.b., a presentation regarding the Funding Needs for
Wastewater Infrastructure to Sustain Development Growth. City Manager Noe referred to a
powerpoint presentation of staff recommendations for funding sustainability including the
wastewater infrastructure focus areas; the history and growth of platted acres; an estimated cost of
major lift station, force main and trunk line needs and projected developer funding; and the need for
policy changes and future plans of action. He also provided considerations for storm water funding
and plans of action.
Council members asked questions regarding the increase of utility costs and impact fees; the
release of $1.7 million in the trunk trust fund in January 2007; the comparison of rate charges with
other cities; the involvement of the development community to review and discuss the utility study
and design standards; the involvement of Nueces County; and the sources of funding. Council
members expressed concem about not receiving the report in a timely manner.
Lon Hipp, President of the Development Services Advisory Group (DSAG), asked to provide
the Council with an update from the DSAG group. City Manager Noe said it would be scheduled in
late January or February. Jim Urban with DSAG spoke regarding the release of the $1.7 million in
the trunk trust fund and the building of Master Plan lift stations.
Mayor Garrett called for a recess to present proclamations and public comment.
*************
Mayor Garrett called for petitions from the audience. Mr. Arturo Casillas, 2621 Holly Road,
spoke regarding a decision made by Engineering Services to reject the bid by Nuway International,
Inc. for the ADA Compliance — Curb Ramp Improvements Spohn Memorial Hospital Area & Mary
Grett Cunningham/Chula Vista School Areas project.
Joan Veith, 5701 Cain Dr.; Steve Mylett, 3122 Leopard; Michael Staff, 3122 Leopard; Mike
Chavez, Arrerican GI Forum; Moses Estrada, 4805 FM 1889; Dr. Nick Adame, President of Lulac
Council No. 1; Charlie Torres, Communications Workers of America and the Labor Council; David
Minutes — Regular Council Meeting
December 19, 2006 — Page 13
Cook, 321 John Sartain; Carolyn Moon, 4902 Calvin; Abel Alonzo, 1701 Thames; and Juan Manual
Guerra, 1001 Louisiana; spoke in favor of the police collective bargaining agreements and providing
salary increases.
Andrew Dimas, 4123 Carroll Lane, spoke regarding the discussion by the Convention and
Visitors Bureau to close two of the Visitors Centers during multiple days of the week, the reduction
of employees, and the impact of the closures on the City. Carlos Torres, President of the Corpus
Christi Firefighters Association, thanked the Council for their support with the firefighters' collective
bargaining agreement and asked the Council to finalize the police negotiations.
Council members spoke in favor of resolving the police contract negotiations.
*************
Mayor Garrett referred to Item 42, a presentation by Del Mar College on their Work Program
and Legislative Agenda. Chris Adler, President of the Board of Regents; Claudia Jackson, Assistant
to the President for Community Relations; and Bill Martin, Board of Regents, referred to a
powerpoint presentation regarding the achievements of Del Mar College, upcoming new initiatives
and work programs, their legislative agenda priorities and a breakdown of facts as a result of the
U.S. Commissioner of Higher Education's report. Council Member Noyola asked staff to include the
wording "All Across Texas" in the City's legislative agenda.
follows:
*************
Mayor Garrett announced the executive sessions, which were listed on the agenda as
48. Executive session under Texas Govemment 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.
49. Executive session under Texas Govemment Code Section 551.071 regarding Larry Young,
et al v. City of Corpus Christi, Cause No. 01-647-C, in the 94th Judicial District Court, with
possible discussion and action related thereto in open session.
50. Executive session under Texas Government Code Section 551.071 regarding police
collective bargaining negotiations, with possible discussion and action related thereto in
open session.
51 Executive session under Texas Govemment Code Section 551.071 regarding fire collective
bargaining negotiations, with possible discussion and action related thereto in open session.
52. Executive session under Texas Government Code Section 551.072 regarding real estate
transaction issues relating to the lease of the Memorial Coliseum site with possible
discussion and action related thereto in open session.
The Council went into executive session. The Council returned from executive session and
the following motion was passed with the following vote:
Minutes — Regular Council Meeting
December 19, 2006 — Page 14
49. MOTION NO. 2006-446
Motion to approve the proposed settlement in the case named Larry Young et al vs. City of
Corpus Christi, Cause No. 01-647-C, pending in the 94th District Court, for a total amount of
$430,000.00.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Marez, and Noyola, voting "Aye"; Kinnison and Scott were absent.
Mayor Garrett conveyed to the public that the City Council has directed the City Manager to
meet with the Corpus Christi Police Officers Association to include a pay index model and to
consider an enhanced wage proposed by the City.
*************
Mayor Garrett referred to Item 42, a presentation on the 2007 Water Master Plan Update.
Dan Leyendecker, LNV, Inc., referred to a powerpoint presentation including the City's growth
projections based on infill analysis and other growth; land use percentages; platting data trends and
projected rates; maps referring to the water service growth projected from 2006 through 2030; and
water demand development. He added that the growth and development projections will be used to
develop the recommended Long -Term Water System Strategy as part of the 2007 Water Master
Plan.
Council members asked questions regarding infill and projected growth areas and
development south of the Oso.
* * * * * * * * * * * * *
Mayor Garrett opened discussion on Item 43 regarding the City's Wireless Network. Ogilvie
Gericke, Director of Information Services, referred to a powerpoint presentation including a
background of the City's wireless network; a summary of the terms of the franchise agreement with
EarthLink, Inc.; a coverage map showing the wi-fi radio locations; the financial analysis for a ten-
year period; the benefits of the sale; and an implementation timeline. Jimmy Bray, Attorney at Law,
provided a brief explanation of the summary of conditions prior to closing the agreement.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
43.a. ORDINANCE NO. 027099
Ordinance granting to EarthLink, Inc. a non-exclusive one-year franchise to operate,
maintain, construct, extend, and upgrade facilities of a wireless network in the public rights-
of-way.
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and
Cooper were absent.
43.b. ORDINANCE NO. 027100
Ordinance granting to EarthLink, Inc. a non-exclusive ten-year franchise to operate,
maintain, construct, extend, and upgrade facilities of a wireless network in the public rights-
of-way.
Minutes — Regular Council Meeting
December 19, 2006 — Page 15
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and
Cooper were absent.
43.c. ORDINANCE NO. 027101
Ordinance approving the First Revised Agreement for services between the City of Corpus
Christi and the CC Digital Community Development Corporation.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye";
Chesney and Cooper were absent.
43.d. ORDINANCE NO. 027102
Ordinance approving the Asset Purchase Agreement by and among EarthLink, Inc. and the
City of Corpus Christi, Texas and the CC Digital Community Development Corporation to sell
wireless components of the City of Corpus Christi Integrated Wi-Fi Network.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye";
Chesney and Cooper were absent.
43.e. ORDINANCE NO. 0270103
Ordinance acknowledging the Network Services Agreement between EarthLink, Inc. and the
CC Digital Community Development Corporation, and agreeing to perform all obligations of
the Corporation thereunder not performed by the Corporation.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye";
Chesney and Cooper were absent.
43.f. WITHDRAWN
Mayor Garrett opened discussion on Item 44 regarding the Up River Road Improvements
from Rand Morgan Road to McKinzie Road. Angel Escobar, Director of Engineering, presented this
item. There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
44.a. MOTION NO. 2006-439
Motion authorizing the City Manager or his designee to execute a construction contract in
the amount of $7,393,446 with Bay Ltd., of Corpus Christi, Texas for the Up River Road
Improvements from Rand Morgan Road to McKinzie Road. (BOND ISSUE 2004)
The foregoing motion was passed and approved with the following vote: Garrett, Garcia,
Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent.
Minutes — Regular Council Meeting
December 19, 2006 — Page 16
44.b. MOTION NO. 2006-440
Motion authorizing the City Manager or his designee to execute an Agreement for
Construction Materials Engineering Laboratory's Inspection and Materials Testing Services
in the amount of $52,000 with Professional Service Industries, Inc., of Corpus Christi, Texas
for the Up River Road Improvements from Rand Morgan Road to McKinzie Road. (BOND
ISSUE 2004)
The foregoing motion was passed and approved with the following vote: Garrett, Garcia,
Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent.
44.c. MOTION NO. 2006-441
Motion authorizing the City Manager or his designee to execute an Agreement for Street
Light Installation in the amount of $80,000 with American Electric Power (AEP), of Corpus
Christi, Texas for Up River Road Improvements from Rand Morgan Road to McKinzie Road.
(BOND ISSUE 2004)
The foregoing motion was passed and approved with the following vote: Garrett, Garcia,
Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent.
Mayor Garrett opened discussion on Item 45 regarding J.C. Elliott Landfill Solid Waste
Citizens Collection Center and Transfer Station. Kevin Stowers, Assistant Director of Engineering,
presented this item. There were no comments from the audience. City Secretary Chapa polled the
Council for their votes as follows:
45.a. MOTION NO. 2006-442
Motion authorizing the City Manager or his designee to execute a construction contract with
Longhorn Excavators, Inc., of Richmond, Texas in the amount of $3,835,907.25 for the J. C.
Elliott Landfill Solid Waste Citizen Collection Center and Transfer Station.
The foregoing motion was passed and approved with the following vote: Garrett, Garcia,
Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent.
45.b. MOTION NO. 2006-443
Motion authorizing the City Manager or his designee to execute a Materials Inspection,
Testing and Laboratory Services Contract in the amount of $84,056 with Kleinfelder, of
Corpus Christi, Texas for the J. C. Elliott Landfill Solid Waste Citizen Collection Center and
Transfer Station.
The foregoing motion was passed and approved with the following vote: Garrett, Garcia,
Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent.
Mayor Garrett opened discussion on Item 46 regarding the San Patricio Municipal Water
District. Assistant City Manager Ron Massey provided a background on the process that the San
Patricio Municipal Water District has taken to develop additional sources of water for their system.
He referred to a powerpoint presentation including the development project; rates and terms of the
lease agreement between San Patricio Municipal Water District and Goliad Sands Ltd.; terms of the
contract between the City and San Patricio Municipal Water District for the development of ground
Minutes — Regular Council Meeting
December 19, 2006 — Page 17
water supply from Goliad Sands, Ltd.; and an explanation of the phases of the project. Mr. Massey
added that the study will produce reports after each phase providing the City an option of continuing
with the project. There were no comments from the audience. City Secretary Chapa polled the
Council for their votes as follows:
Council members asked questions regarding the benefit of the contract to the City and the
raw water cost to customers.
46.a. ORDINANCE NO. 027104
Ordinance appropriating $1,015,735 from the Unreserved Fund Balance in the Water
Operating Fund 4010 to pay expenses incurred by San Patricio Municipal Water District
related to the groundwater project and lease with Goliad Sands, Ltd. and to pay expenses
related to the quality test phases of the contract with San Patricio Municipal Water District
related to groundwater supply from Goliad Sands, Ltd. and changing the FY 2006-2007
Operating Budget adopted by Ordinance No. 026908 to increase appropriations by
$1,015,735.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye";
Chesney and Cooper were absent.
46.b. MOTION NO. 2006-444
Motion authorizing the City Manager or his designee to enter into a contract with San Patricio
Municipal Water District related to the development of groundwater supply from Goliad
Sands, Ltd.
The foregoing motion was passed and approved with the following vote: Garrett, Garcia,
Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooperwere absent.
Mayor Garrett referred to Item 47 regarding the City's Chapter 380 Economic Development
Program. City Manager Noe presented this item. There were no comments from the audience. City
Secretary Chapa polled the Council for their votes as follows:
47.a. RESOLUTION NO. 027105
Resolution approving the City of Corpus Christi Chapter 380 Economic Development
Program policies and procedures. (Attachment # 47)
The foregoing resolution was passed and approved with the following vote: Garrett, Garcia,
Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooperwere absent.
47.b. MOTION NO. 2006-445
Motion authorizing the City Manager or his designee to execute a Chapter 380 Agreement
for Economic Development Incentives with Sam Kane Beef Processors, Inc.
The foregoing motion was passed and approved with the following vote: Garrett, Garcia,
Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent.
* * * * * * * * * * * * * .
Minutes - Regular Council Meeting
December 19, 2006 - Page 18
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 4:37 p.m. on December 19, 2006.
************