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
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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.