Loading...
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. ************