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HomeMy WebLinkAboutMinutes City Council - 01/24/2012I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Christi City Council of January 24, 2012 which were approved by the City Council on January 31, 2012. WITNESSETH MY HAND AND SEAL, on this the 31st day of January, 2012. Armando Chapa City Secretary SEAL INDEXED Present: Mayor Joe Adame Council Members: Chris Adler Larry Elizondo Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott MINUTES City of Corpus Christi, Texas Regular Council Meeting January 24, 2012 - 12:00 p.m. City Staff: City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Joe Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Deacon Michael Mantz, Diocese of Corpus Christi and the Pledge of Allegiance to the United States Flag was led by Council Member Larry Elizondo. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required Charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the Regular Council meeting of January 17, 2012. A motion was made and passed to approve the minutes as presented. BOARD APPOINTMENTS The council made the following reappointments and new appointments to the city's boards, commissions and committees: Commission on Children and Youth Denise Etheridge Michael D. Huddleston Antonio Illas Mechanical/Plumbing Advisory Board Gilbert Canales Stacy Gallagher Ronald Klepac James E. Mokry, Jr. Sean M. Rodriguez CONSENT AGENDA Mayor Adame called for consideration of the Consent Agenda (Items 3 - 5). There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting January 24, 2012 Page 2 3. MOTION NO. 2012-015 Motion authorizing the City Manager or designee to execute a construction materials testing contract with Rock Engineering and Testing Laboratory, Inc., of Corpus Christi, Texas in the amount of $65,492 for Airline Road from Saratoga Boulevard to Rodd Field Road. (Bond 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye". 4. MOTION NO. 2012-016 Motion authorizing the City Manager or designee to execute a construction contract with Associated Construction Partners LTD of Boerne, Texas in the amount of $452,900 for the Greenwood Wastewater Treatment Plant Improvements 2011 for Part A Air Transmission Main Re -Routing and Part B Electrical Control Room. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye". 5. ORDINANCE NO. 029359 Amending Chapter 26, Code of Ordinances, City of Corpus Christi, Metal Recyclers, by revising several sections in said article to provide for expanded definitions; more offenses and penalties; providing for publication. (First Reading 1/17/12) The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye". REGULAR AGENDA Mayor Adame referred to Item No. 6. Dan Biles, Interim Director of Engineering Services, explained that this item includes approval of a construction contract with Barcom Commercial and Project Management Contract with AGCM, Inc. for the remodel of the filter building at the O.N. Stevens Water Treatment Plant. Mayor Adame asked for comments from the audience. There were no comments from the audience. City Secretary Chapa polled the council for their votes as follows 6.a. MOTION NO. 2012-020 Motion authorizing the City Manager or designee to execute a construction contract with Barcom Commercial Inc. of Corpus Christi, Texas in the amount of -$3;172;000 for the 0. N. Stevens Water Treatment Plant Facility Alterations for the addition to and remodel of the existing Filter Building Facility. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye". Minutes - Regular Council Meeting January 24, 2012 Page 3 6.b. MOTION NO. 2012-021 Motion authorizing the City Manager or designee to execute a Project Management and Inspection Services Contract with AGCM, Inc. of Corpus Christi, Texas in the amount of $137,606 for the 0. N. Stevens Water Treatment Plant Facility Alterations. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye". FIRST READING ORDINANCE Mayor Adame referred to Item No. 7. City Secretary Chapa explained that this item was the first reading of the redistricting plan as approved as part of the Illustrative Plan and supported by the public. Mr. Chapa added that after the plan is approved on second reading, the plan will be submitted to the U.S. Department of Justice for approval. Mayor Adame asked for comments from the audience. Abel Alonzo thanked Mr. Chapa and everyone involved in the redistricting process. City Secretary Chapa polled the Council for their votes as follow: 7. FIRST READING ORDINANCE Approving the redistricting of the City's Single -Member Council Districts and establishing new district boundary lines based on 2010 Census data for Corpus Christi City Council elections; directing the City's Redistricting Consultant to submit to the adopted plan for preclearance under Section 5 of the Federal Voting rights act; and providing an effective date. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye". EXECUTIVE SESSIONS Mayor Adame announced the executive sessions which were listed on the agenda as follows: Executive session pursuant to Texas Government Code Section 551.071 regarding City of Corpus Christi, Texas vs. Friends of the Coliseum, et al, Cause No. 2010 -DCV -6004-E, in the 148th District Court of Nueces County, with possible discussion and action in open session. Executive session pursuant to Section 551.071(1)(A) of the Texas Government Code to consult with attorneys regarding pending litigation styled Civil Action No. C-11-154, Robert Knabe et al vs. the City of Corpus Christi, et al presently pending in the U.S. District Court for the Southern District of Texas, Corpus Christi Division, with possible discussion and action in open session. Minutes - Regular Council Meeting January 24, 2012 Page 4 Executive session pursuant to Section 551.071(1)(A) of the Texas Government Code to consult with attorneys regarding pending litigation in a case styled Cause No. CA 210 -CV - 00372, Isaac Valencia vs. the City of Corpus Christi, Texas, presently pending in the U.S. District Court for the Southern District of Texas, Corpus Christi Division, with possible discussion and action in open session. Executive session pursuant to Section 551.071(1)(A) of the Texas Government Code to consult with attorneys regarding contemplated litigation involving the Corpus Christi Police Department, with possible discussion and action in open session. deliberate regarding confidential commercial or financial information received from a p Executive session under Texas Government Code 551.074 Personnel Matters to deliberate the appointment of a City Council Member with possible discussion and action in open session. The council went into executive session. The council returned from executive session. City Secretary Chapa read the motion for Executive Session Item 1.2. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 1.2. MOTION NO. 2012-017 Motion authorizing the City Manager to continue to employ the law firms of McKibben, Woolsey & Villarreal, L.L.P. and Canales & Simonson, P.C. to provide legal representation to the City in C.A.-No. 2:11-cv-154; Robert Knabe, as Representative of the Estate of Herman G. Knabe; and Herman George Wolfgang Knabe vs. City of Corpus Christi, Texas; J. Schiebrel, Individually, Stephen Beletic, Individually; Ross Murray, Individually; Darryl Anderson, Individually; and Jason Rhodes, Individually, at an hourly rate not exceeding $200, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye". City Secretary Chapa read the motion for Executive Session Item 1.3. Mayor Adame asked for comments from the audience. Senior Assistant City Attorney Alison Logan reported on the savings for using in-house attorneys for litigation and necessity of the outside attorneys on this case. Abel Alonzo and Rolando Garza spoke regarding this motion. City Secretary Chapa; polled the Council for their votes as follows: 1.3. MOTION NO. 2012-018 Motion authorizing the City Manager to continue to employ the law firms of McKibben, Woolsey & Villarreal, L.L.P. and Canales & Simonson, P.C, to provide legal representation Minutes - Regular Council Meeting January 24, 2012 Page 5 to the City in Cause No. CA 210 -CV -00372; Isaac Valencia vs. City of Corpus Christi, Texas, at an hourly rate not exceeding $200, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye". Mayor Adame made a motion appointing John Kelley Allen as Council Member District 1 to serve the remaining council term vacated by Kevin Kieschnick. The motion was seconded by Mr. Elizondo. Mayor Adame asked for comments from the audience. Tom Watson and John Clay spoke regarding this motion. City Secretary Chapa polled the Council for their votes as follows: 1.6. MOTION NO. 2012-019 Motion appointing John Kelley Allen as Council Member District 1 to serve the remaining council term vacated by Kevin Kieschnick. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye". FUTURE AGENDA ITEMS Mayor Adame referred to the Future Agenda Item section on the agenda. Items 8 - 14. Mayor Adame stated that these items are for informational purposes only and that no action or public comment will be taken at this time. Staff provided a presentation on Item Numbers 10, 11, 12, 13 and 14. 8.a. Motion authorizing the City Manager or designee to execute a Reimbursement Agreement with Kinder Morgan Tejas Pipeline, LLC, in the amount of $252,454 to adjust or relocate its pipeline amenities to clear city right-of-way on Mckinzie Road from the Lyondell Plant to Haven Drive. 8.b. Motion authorizing the City Manager or designee to execute a Reimbursement Agreement with Enerfin Field Services, LLC, in the amount of $126,655.38 to adjust or relocate its pipeline amenities to clear city right-of-way on Mckinzie Road from the Lyondell Plant to Haven Drive. 8.c. Motion authorizing the City Manager or designee to execute a Reimbursement Agreement with Equistar Chemicals, LP in the amount of $29,873 to adjust or relocate its pipeline amenities to clear city right-of-way on Mckinzie Road from the Lyondell Plant to Haven Drive. 9. Motion to execute Change Order No. 4 with Texas Sterling Construction Co. in the amount of $72,407.21 for the Kostoryz Road Improvements, Phase 1 from Horne to Sunnybrook for the installation of Brawner Ditch Irrigation System and Landscaping. (BOND 2008) 10. Resolution authorizing the City Manager or designee to execute an lnterlocal Agreement with the Texas Department of Transportation (TXDOT) for an Advance Funding Agreement for a Metropolitan Mobility/Rehabilitation Project Off -System for the Williams Drive Improvements, Phase 3, from Staples Street to Airline Road. Minutes - Regular Council Meeting January 24, 2012 Page 6 11. Motion authorizing the City Manager or designee to execute Amendment No. 5 to the Professional Services contract with KSA Engineers, Inc. of Longview, Texas, in the amount of $100,000.00 for a restated not to exceed contract fee of $2,145,416.95 for the Corpus Christi International Airport Infield Taxiway Connectors/Runway 17-35 Project (Supplemental services for Task Order No. 3). 12. Motion authorizing the City Manager or designee to execute Amendment No. 2 to a Contract for Professional Services with RVi of Austin, Texas for the Oso Creek/Oso Bay Area Park Master Plan in the amount of $616,670 for a total restated fee of $903,650 for design of Phase 2 Improvements. (BOND 2008) 13. Motion authorizing the City Manager or designee to execute a construction contract with CSA Construction, Inc., of Houston, Texas in the amount of $6,311,200 for the Oso Water Reclamation Plant Belt Press Facility Project for Parts A, B, C and D.Motion authorizing the City Manager or designee to execute Amendment No. 2 to a Professional Services Contract with LNV, Inc., of Corpus Christi, Texas in the amount of $247,395 for a restated fee of $847,054 for construction observation and related services associated with the Oso Water Reclamation Plant Belt Press Facility Project. 14.a. Ordinance appropriating $500,000 from the Unreserved Fund Balance in the No. 1020 General Fund for a new Public Safety Warehouse Building for the Police Department; authorizing the transfer of $500,000 from the No. 1020 General Fund to and appropriation in the No. 3350 Public Health and Safety Capital Improvement Project Fund; and changing the FY2011-2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $500,000. 14.b. Ordinance changing the FY2011-2012 Capital Budget adopted by Ordinance No. 029135 by increasing appropriations by $500,000 for a separate Public Safety Warehouse Building Project for the Police Department. 14.c. Motion authorizing the City Manager or designee to execute a Professional Services Contract with LaMarr Womack and Associates, L.P., of Corpus Christi, Texas, in the amount of $147,141 for the Public Safety Warehouse (Police) Project. UPDATES TO CITY COUNCIL Mayor Adame referred to Item No. 15, Continuous Improvement Review of Municipal Court Administration. City Manager Olson stated that this presentation is a summary of the results from the Continuous Review Team to identify improvements of Municipal Court Operations. Mr. Olson introduced the Continuous Improvement Team members, Saundra Thaxton and Steve Klepper. Ms. Thaxton referred to a powerpoint presentation including the objectives and methodology of the review; the findings and recommendations for the court records system, improving technology, addressing organizational issues, and the City's Detention Center. PUBLIC COMMENT Mayor Adame called for comments from the audience. John Clay, 2818 1/2 John Street, spoke regarding property taxes and unfair services to his area of town. There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 3:00 p.m. on January 24, 2012.