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HomeMy WebLinkAboutMinutes City Council - 02/26/2008I 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 February 26, 2008, which were approved by the City Council on March 11, 2008. WITNESSETH MY HAND AND SEAL, on this the 11th day of March, 2008. Armando Chapa City Secretary SEAL PRESENT Mayor Henry Garrett Mayor Pro Tem Bill Kelly Council Members: Melody Cooper* Larry Elizondo, Sr. Mike Hummel) Priscilla Leal Michael McCutchon John Marez** Nelda Martinez *Arrived at 10:12 a.m. **Arrived at 10:07 a.m. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 26, 2008 - 10:00 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by with Council Member Michael McCutchon and the Pledge of Allegiance to the United States flag was led by Council Member Bill Kelly. Mayor Garrett called for approval of the minutes of the regular Council meeting of February 12, 2008. A motion was made and passed to approve the minutes as presented. ************ Mayor Garrett called for the City Manager's report. City Manager Noe announced that the Council is invited to participate with the Del Mar Board of Regents on discussions for the selection process of the next Del Mar College President today at 6:00 p.m. at the Del Mar College Economic Development Office. ************* Mayor Garrett called for consideration of the consent agenda (Items 2 -16). There were no comments from the public. Council members requested that Items 9, 10 and 16 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2. RESOLUTION NO. 027592 Resolution authorizing the submission of a grant application in the amount of $67,214 to the State of Texas, Office of the Governor, Criminal Justice Division for Year Two funding of a Sex Offender Investigative Unit grant in the Police Department with a City match of $5,564, for a total grant application of $72,778, and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummel), Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. Minutes — Regular Council Meeting February 26, 2008 — Page 2 3. RESOLUTION NO. 027593 Resolution authorizing the submission of a grant application in the amount of $67,000 to the State of Texas, Texas Alcoholic Beverage Commission for the funding of overtime to enforce underage drinking laws, to prevent youth access to and illegal use of alcohol, and to provide for an education program with a City cash match of $25,154, in-kind contribution of $746, for a total project cost of $92,900 and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. 4. RESOLUTION NO. 027594 Resolution authorizing the submission of a grant application in the amount of $100,964 to the State of Texas, Criminal Justice Division for Year 9 funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit with a City match of $38,953 and $16,800 in-kind services, for a total project cost of $156,717 and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. 5.a. MOTION NO. 2008-041 Motion authorizing the City Manager or his designee to accept a grant in the amount of $25,635 from Sam Houston State University and the National Institute of Justice for a Project Safe Neighborhoods anti -gang initiatives grant and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. 5.b. ORDINANCE NO. 027595 Ordinance appropriating $25,635 from Sam Houston State University and the National Institute of Justice for a Project Safe Neighborhoods anti -gang initiatives grant in the No. 1061 Police Grants Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. 6.a. MOTION NO. 2008-042 Motion authorizing the City Manager or his designee to accept a continuation grant in the amount of $44,294 from Sam Houston State University and the National Institute of Justice for the Project Safe Neighborhoods grant for one Firearms Examiner and to execute all related documents. Minutes — Regular Council Meeting February 26, 2008 — Page 3 The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. 6.b. ORDINANCE NO. 027596 Ordinance appropriating $44,294 from Sam Houston State University and the National Institute of Justice for the Project Safe Neighborhoods grant for one Firearms Examiner in the No. 1061 Police Grants Fund with a City match of $4,711 from the Law Enforcement Trust Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. 7. RESOLUTION NO. 027597 Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Department of State Health Services in the amount of $50,000 for a Community Obesity Prevention Project — the Coordinated Community Approach to Promote Wellness (CCAPWeII). The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. 8. MOTION NO. 2008-043 Motion authorizing the City Manager or his designee to execute a construction contract with RCM Constructors of Corpus Christi, Texas in the amount of $322,125 for the Sanitary Sewer and Storm Water Manhole Ring and Cover Adjustment FY 2007-2008. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. 11. MOTION NO. 2008-046 Motion approving the application from the K Space Contemporary to temporarily close the following street section for the Urban Art and Hip Hop Party: A. The 400 block of Starr Street between Chaparral Street and Mesquite Street beginning Saturday, March 8, 2008 from 1:00 p.m. to 6:00 p.m. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. 12. MOTION NO. 2008-047 Motion authorizing the City Manager or his designee to execute a work orderwith BFI Waste Services of North America, Inc., (Allied Wastes), in the amount of $465,000 for additional Minutes — Regular Council Meeting February 26, 2008 — Page 4 excavation associated with storm water pond 3 at Cefe Valenzuela Landfill and daily cover material as additional services under the Landfill Services Agreement. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. 13.a. MOTION NO. 2008-048 Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Donald and Kathleen Kirchberg, owners and developers of Rhew Industrial Tracts Unit 1, located south of Leopard Street and east of Rhew Road for the installation of 2,508 -linear feet of 12 -inch PVC water grid main. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting 'Aye"; Cooper and Marez were absent. 13.b. ORDINANCE NO. 027598 Ordinance appropriating $166,225.11 from the Arterial Transmission and Grid Main Trust Fund No. 540450-21805-4030 to reimburse Donald and Kathleen Kirchberg for the installation of 2,508 -linear feet of 12 -inch PVC water grid main for Rhew Industrial Tracts Unit 1. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. 14.a. MOTION NO. 2008-049 Motion approving the Distribution Main Extension Construction and Reimbursement Agreement submitted by Donald and Kathleen Kirchberg, owners and developers of Rhew Industrial Tracts Unit 1 located south of Leopard Street and east of Rhew Road for the installation of 928 -linear feet of 8 -inch PVC water distribution main. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. 14.b. ORDINANCE NO. 027599 Ordinance appropriating $30,165.58 from the Water Distribution Main Trust Fund No. 540450-21806-4030 to reimburse Donald and Kathleen Kirchberg for the installation of 928 - linear feet of 8 -inch PVC water distribution main for Rhew Industrial Tracts Unit 1. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent, Minutes — Regular Council Meeting February 26, 2008 — Page 5 15.a. MOTION NO. 2008-050 Motion approving a Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by Donald and Kathleen Kirchberg, owners and developers of Rhew Industrial Tracts Unit 1 located south of Leopard Street and east of Rhew Road for the installation of 1,366 -linear feet of 12 -inch PVC sanitary sewer collection line. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. 15.b. ORDINANCE NO. 027600 Ordinance appropriating $166,843.50 from the Sanitary Sewer Collection Line Trust Fund No. 540450-21801-4220 to pay Donald and Kathleen Kirchberg, for the installation of 1,366 - linear feet of 12 -inch PVC sanitary sewer collection line as specified in the Sanitary Sewer Collection Line Extension and Construction and Reimbursement Agreement to develop Rhew Industrial Tracts Unit 1, and to pay lot/acreage fees related to Rhew Industrial Tracts, Unit 1. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. Mayor Garrett opened discussion on Item 9 regarding the Rolled Curb and Gutter Replacement FY2007-2008 Project. Council Member McCutchon asked questions regarding the consultant work; whether Mr. Felix Ocanas is a professional engineer; if the City does inspection work; and whether the City has a consultant on all rolled curb and gutter projects. Interim Director of Engineering Kevin Stowers stated that the consultant's scope of work deals with the initial field review and inspection to make sure repairs are done correctly. Mr. Stowers added that Mr. Ocanas is a professional engineer; and historically, there is a consultant involved on the rolled curb and gutter program. City Secretary Chapa polled the Council for their votes as follows: 9. MOTION NO. 2008-044 Motion authorizing the City Manager or his designee to execute a construction contract with A. Ortiz Construction and Paving, Inc., of Corpus Christi, Texas in the amount of $431,300 for the Rolled Curb and Gutter Replacement Project FY 2007-2008. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 10 regarding the 2008 CIP Project Management and Construction Inspection. Council members asked questions regarding whether the Anderson Group Construction Management (AGCM) will be used for the Bond 2008 project; the services provided; the time frame for the contract; whether the contract will be amended if the projects are not completed in a year; the work involved in the previously approved contract with AGCM in January; competitive employment; the benefits for hiring outside engineers; the amount spent on AGCM services for the last five years; increasing the Engineering Department staff; the amount spent on outside engineering contracts; the cost if the work had been done by staff; how the services are funded; attrition; who is handling the construction management of the Doddridge project; whether the City has the capacity to deal with problems on projects as they arise; Minutes — Regular Council Meeting February 26, 2008 — Page 6 management on Masterson Drive; the number of construction and design engineers on staff; the number of construction engineers understaffed; internships; and who oversees the construction managers. Council Member Marez suggested the development of an employee home loan program to attract and recruit City employment. Council Member Hummell asked staff to provide information on the needs of the Engineering Department to improve staffing. Council Member McCutchon asked staff for a report on the history of outside engineering services; the costs spent on Bond Issue 2004 and special projects; the engineering and construction management companies that funds were provided; and the companies that responded to the Request for Proposal (RFP). City Secretary Chapa polled the Council for their votes as follows: 10. MOTION NO. 2008-045 Motion authorizing the City Manager or his designee to execute a Professional Services Contract for construction management and construction inspection services with Anderson Group Construction Management, Inc. for a fee not to exceed $1,242,320 for various Capital Improvement Projects associated with the 2008 Capital Budget. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon voting "No" Mayor Garrett opened discussion on Item 16 regarding London Club Estates. Council Member McCutchon asked if the water line was a dead end water line and if the water line will need to be flushed. Deputy Director of Development Services Johnny Perales said the line will eventually be looped in the proposed subdivision and will not need to be flushed once the subdivision is developed. Mayor Garrett postponed further discussion on this item to present Item 25. * * * * * * * * * * * * * Mayor Garrett referred to Item 25 regarding a presentation on the 2008 China Trade Mission. Dr. George Wang, President of the US -China Exchange Association (USCEA) referred to a powerpoint presentation including the reasons to trade with China; statistics of the US -China Trade relationship; how small and medium size companies can succeed; how the USCEA can help; information on the 2008 trade mission to China; and contact information. Council Member Cooper thanked Dr. Wang for providing the presentation and spoke regarding the impact to companies doing business with Chinese companies. Council Member McCutchon asked questions regarding the size of the group attending the trade mission and the location of the USCEA. Dr. Wang said there is no limit on the number of business but that usually there are 40 to 60 representatives nationwide. Dr. Wang added that the USCEA is based in New Jersey. * * * * * * * * * * * * * Mayor Garrett returned to Item 16 regarding London Club Estates. Council members asked questions regarding the Texas Commission on Environmental Quality's (TCEQ) requirement to flush all dead end water lines; the reasons the water line is being treated like it is already in the system; the ordinance prohibiting dead end water lines; whether this line is a dead end water line; whether the ordinance excluded dead end water lines that were previously platted; if the reimbursement of the water line was approved; funds taken out of the water trust fund; whether the water arterial Minutes — Regular Council Meeting February 26, 2008 — Page 7 extension was part of the master plan; if London Independent School District was part of the master plan; the percentage of funds that come from developers and end users; who pays surcharges; Council action that amended the distribution system standards; the difference between the water transmission master plan and the distribution system standard; approval of the lift station South of the Oso; and whether the development plan for the County Creek Subdivision is required to tie into the septic system. Mayor Garrett called for a brief recess to present proclamations and listen to public comment. ************* Mayor Garrett called for petitions from the audience. J.E. O'Brien, 4130 Pompano spoke regarding the City's Annual Financial Report (CAFR); tax increases; and changing the fiscal year. Tony Hartwell, 657 Don Patricio Drive, spoke regarding the unmanned Police Department Substation on Waldon Road and the homeless in Flour Bluff. * * * * * * * * * * * * * Mayor Garrett announced the executive session, which was listed on the agenda as follows: 27. Executive session under Texas Government Code, Section 551.071, regarding Texas Commission on Environmental Quality, Notice of Enforcement Action, City of Corpus Christi; RN100224724, Docket No. 2008 -0051 -MSW -E; Enforcement Case No. 35183, 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: 27. MOTION NO. 2008-055 Motion authorizing the City Manager or his designee to execute an agreed order relating to Texas Commission on Environmental Quality, Notice of Enforcement Action, City of Corpus Christi; RN100224724, Docket No. 2008 -0051 -MSW -E, Enforcement Case No. 35183, with an administrative penalty, authorizing a supplemental environmental project, and containing additional and amended findings of fact and ordering provisions substantially in the form and content proposed by the City's counsel. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". ************* Mayor Garrett returned to Item 16 regarding London Club Estates. Council Members asked questions regarding the status of the revisions to Section V.B.5 of the Platting Ordinance; the City's obligation; reimbursement for over sizing of the line; whether the development is part of the water transmission plan; development outside the extraterritorial jurisdiction (ETJ); what would happen to the project if the City required the development to go on the City's sewer system; the next process of the development should the delivery of water be approved; the type of septic tanks used; what the City can do about London ISD and Rose Acres taking money out of the trust fund when they are not part of the master plan; if the development is outside the city limits; explanation of the waiver of fees; whether the waiver of fees is more cost effective for the developer or the taxpayer; whether the developer requested an extension after it was approved by the Planning Commission; other Minutes — Regular Council Meeting February 26, 2008 — Page 8 developments coming forward that are currently platted; when the trust funds were developed; the reason the trust funds were set up; the amount of reimbursement the developer is entitled to; whether the City has any other obligations in the ETJ other than water distribution; whether the City regulates onsite wastewater systems used in the ETJ; enforcement of additional regulations for the County Creek Subdivision; the location of County Road 26; flushing of the line; the size of the water line; the number of gallons per foot on a 16" water line; whether the City has been flushing the line from London School; and the reason the law requires the City to provide water. Council Member McCutchon suggested that the Council place on the agenda or have a separate workshop with developers to identify smart growth principles and water issues outside the city limits. Mayor Garrett requested a copy of the agenda item approving the extension of the 16" water line to London School. Mr. Kelly made a motion to require that water lines be engineered to eliminate the need for flushing. The motion was seconded by Dr. McCutchon and passed. City Secretary Chapa polled the Council for their vote as follows: 16. MOTION NO. 2008-051 Motion authorizing the City Manager to execute a Development Agreement with Billy W. Sanders and Robbie Sanders, (Developers), to establish development requirements and pro rata reimbursement for construction of an over -sized 16 -inch water arterial transmission main to serve London Club Estates, a proposed residential subdivision located north of FM 43 and east of FM 43 and FM 763 intersection, and require that water lines be engineered to eliminate the need for flushing. The foregoing motion was passed and approved as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Marez, and Martinez, voting "Aye"; Leal and McCutchon voting "No". * * * it * * W W W W * * Mayor Garrett referred to Item 17, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0108-03, Veolia Environmental Services: A change of zoning from an "I-2" Light Industrial District to an "I-3" Heavy Industrial District resulting in a change of land use designation from light industrial to heavy industrial (above ground fuel storage tank) on property described as 237.36 square feet out of Roblex Industrial Area, Lot 15, Block 6, located on the east side of Hato Road approximately 1,050 feet north of Bates Road. City Secretary Chapa stated that the Planning Commission and staff recommended denial of an "1-3" Heavy Industrial District, and in lieu thereof, approval of an "I-2" Light—Industrial District with a Special Permit for the installation and operation of one (1) 10,000 gallon above ground diesel fuel tank for fuel storage and on-site fuel filling subject to a site plan, and final approval of the Fire Marshal and Zoning Board of Adjustment. No one appeared in opposition to the zoning change. Mr. Marez made a motion to close the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council fortheirvotes as follows: Minutes — Regular Council Meeting February 26, 2008 -- Page 9 17. ORDINANCE NO. 027601 Amending the Zoning Ordinance, upon application by Veolia Environmental Services, by changing the zoning map in reference to 237.36 square feet out of Roblex Industrial Area, Lot 15, Block 6, from "1-2" Light Industrial District to "I-2/SP" Light Industrial District with a Special Permit to allow for the installation and operation of one (1) 10,000 gallon above ground diesel fuel tank, subject to a Site Plan and final approval of the Fire Marshal and the Zoning Board of Adjustment; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett referred to Item 18, and a motion was made, seconded and passed to open the public hearing on the following zoning ordinance: 18. Public hearing and First Reading Ordinance to consider amending Article 24 "Height, Area And Bulk Requirements" of the "Corpus Christi Zoning Ordinance" by repealing note 1 from Section 24-1 and by adopting new Section 24-2 "Zero Lot Line Residential Development" to provide for regulations for Zero Lot Line Residential Development; providing a repealer clause, providing a penalty clause, providing for publication, and providing an effective date. Interim Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including the configuration of a zero lot line; examples of single family developments; standard developments with setbacks, current zoning ordinance language; and the proposed text amendments. Council members asked questions regarding patio cover issues; roof overhang encroachment; redevelopment of older lots; side overhang height requirements; requiring the overhang to be guttered; and the standard space between homes. Mr. Kelly made a motion to amend the ordinance to require encroaching roof lines to be guttered. The motion was seconded by Mr. Hummell and passed. No one appeared in opposition to the zoning change. Mr. Marez made a motion to close the public hearing, seconded by Dr. McCutchon, and passed. Mr. Chapa polled the Council for their votes as follows: 18. FIRST READING ORDINANCE To consider amending Article 24 "Height, Area And Bulk Requirements" of the "Corpus Christi Zoning Ordinance" by repealing note 1 from Section 24-1 and by adopting new Section 24-2 "Zero Lot Line Residential Development" to provide for regulations for Zero Lot Line Residential Development; providing a repealer clause, providing a penalty clause, providing for publication, and providing an effective date. The foregoing ordinance was passed and approved as amended on its first reading with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. * * * * * * * * * * * * * Minutes — Regular Council Meeting February 26, 2008 -- Page 10 Mayor Garrett recessed the regular Council meeting to hold a meeting of the North Padre Island Development Corporation. ************* Mayor Garrett reconvened the Regular Council Meeting. Mayor Garrett opened discussion on Item 20 regarding the North Padre Island Development Corporation (NPID). City Manager Noe said this item authorized the refunding of the bonds approved by the NPID. City Secretary Chapa announced that Council Member Kelly would abstain on the discussion and vote on Items 20, 21.a. and 21. b. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20. RESOLUTION NO. 027602 Resolution approving the resolution by the North Padre Island Development Corporation authorizing the issuance of refunding bonds. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Kelly abstained; Marez was absent. Mayor Garrett opened discussion on Item 21 regarding Packery Channel Monitoring for 2008-2009. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21.a. ORDINANCE NO. 027603 Ordinance appropriating $241,487 from the Unreserved Fund Balance in the Reinvestment Zone No. 2 Fund 1111 for Packery Channel Monitoring for 2008-2009; changing the FY 2007-2008 Operating Budget adopted by Ordinance No. 027352 to increase appropriations by $241,487. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Kelly abstained; Marez was absent. 21.b. MOTION NO. 2008-052 Motion authorizing the City Manager or his designee to execute a contract between the City of Corpus Christi and Texas A&M University — Corpus Christi not to exceed $241,487 for Packery Channel Quarterly Monitoring for 2008-2009. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Kelly abstained; Marez was absent. Mayor Garrett opened discussion on Item 22 regarding a consulting contract with Etico Solutions, Inc. Assistant Director of Financial Services Michael Barrera stated that this item is for a police resource allocation study to review and analyze the workload, staffing and support resources for the Police Department. Mr. Barrera provided a brief overview of the Request for Proposal (RFP) process. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting February 26, 2008 — Page 11 22. MOTION NO. 2008-053 Motion approving a consulting contract with Etico Solutions, Inc., of Macomb, Illinois, to conduct a comprehensive resource allocation study for the Corpus Christi Police Department, in accordance with Request for Proposal No. BI -0069-08, for a total cost of $90,000. Funding is available in Police Grants — Federal Law Enforcement Trust Fund. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and McCutchon, voting "Aye"; Marez and Martinez were absent. Mayor Garrett opened discussion on Item 23 regarding the Greenwood Drive, Phase 1 from Gollihar Road to South Padre Island Drive (SPID) Project. Interim Director of Engineering Services Kevin Stowers stated that this item is a Bond 2004 project and staff is recommending approval of the construction contract. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 23. MOTION NO. 2008-054 Motion authorizing the City Manager, or his designee, to execute a construction contract with Salinas Construction Technologies, Inc., of Pleasanton, Texas, in the amount of $3,787,013.79 for the Greenwood Drive Phase 1 from Gollihar Road to South Padre Island Drive (SPID) Project for the Base Bid plus Additive Alternate No. 1. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. Mayor Garrett opened discussion on Item 24 regarding the City Council Agendas and Meeting Procedures. City Attorney Mary Kay Fischer said this item is a continued discussion from the City Council retreat regarding the agenda process procedures specifically for the City Manager's Update, City Council Reports and the Mayor's Update. Ms. Fischer said that a governmental entity needs to give the public advanced written notice of the subjects that will be considered in an open meeting or during closed session. Ms. Fischer stated that the Attorney General has said that the generic notice of "employee reports" is an inadequate posting. Ms. Fischer added that the Texas Government Code Chapter 551.001(4b) applies to gatherings of a quorum of a governing body even when the members of the quorum do not participate in deliberations among themselves orwith third parties. Ms. Fischer referenced background information of legal responses addressing the subject matter. There was a brief discussion regarding addressing staff on constituent concerns; solicitation of a formal opinion; informing the public of meetings and announcements; routine listings on the agenda; and supplemental postings. There was a general consensus of the council to request that the appropriate agency solicit a formal opinion from the Attorney General on the issue of the agenda postings for the City Manager's Report, City Council Reports, and the Mayor's Update. ************* Mayor Garrett opened discussion on Item 26 regarding the 2007 Uniform Crime Report. Police Chief Bryan Smith referred to a powerpoint presentation including the Federal Bureau of Investigation (FBI) disclaimers; issues and concerns; statistical and graphical breakdown; and a Minutes — Regular Council Meeting February 26, 2008 — Page 12 comparison of previous years for crimes against persons, criminal homicide, sexual assault, robbery, aggravated assault, crimes against property, burglary, motorvehicle theft, and larceny/theft. Council Members asked questions regarding monitoring and reacting to increases in crimes data; 2008 comparison of crimes against persons; cross training in the department; change in personnel; types of criminal homicide; the category for home invasions; use of grants; training for properly categorizing crimes; and gas drive offs. ************* There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 3:45 p.m. on February 26, 2008. * * * * * * * * * * * * *