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HomeMy WebLinkAboutReference Agenda City Council - 05/21/20021:45 p.m. Proclamation declaring May 19 -25, 2002 "Emergency Medical Services Week." CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD MAY 21, 2002 12:00 P.M. v// PUBLIC NOTICE- THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 5:30 p.m. or at the end of the Council Meeting, whichever is eadier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si ud. Desea didgirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espa~ol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary s office (at 361-880-3105) at Ioast 48 hours tn advance so that appropnate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. Mayor Samuel L. Neal, Jr. Mayor Pro Tem Bill Kelly Invocation to be given by Reverend Derrick Reeves, St. John's Baptist Church. Pledge of Allegiance to the Flag of the United States of America.- City Secretary Armando Chapa to call the roll of the required Charter Officers. Brent Chesney Javier D. Colmenero Henry Garrett Rex A. Kinnison John Longoria Jesse Noyola Mark Scott City Manager David R. Garcia t// City Attorney James R. Bray, Jr. City Secretary Armando Chapa __ 1. ~Approval of Regular Meeting of May 14, 2002. (Attachment #1 ) ~da Regular Council Meeting May 21, 2002 Page 2 CITY COUNCIL (Refer to legend at the end of the agenda summary) F= EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. EXECUTIVE SESSION: (12:00 p.m. - Approximately 1:00 p.m.) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 2.a. Executive session pursuant to Texas Government Code Section 551.071 regarding Larry Young et al v. City of Corpus Christi, No. 01-647-C, 94th District Court, Nueces County, Texas, and Mary Collins et al v. City of Corpus Christi, No. 01-646-C, 94th District Court, Nueces County, Texas, with possible discyssion ~nd. action related thereto in open session. L~j~ (J~0'~ ~/t~ ~. 2.b. Executive session pursuant to Texas Government Code Section 551.071 regarding David Cook v. City of Corpus Christi, No. C-01- 341, United States District Court for the Southern District of Texas, Corpus Christi Division, with possible discussion and action related thereto in open session. ?_002 1 36 Executive session pursuant to Texas Government Code Section 551.071 regarding proposed Thomas J. Henry sign, with possible discussion and action related thereto in open session. Motion authorizing the City Manager, in Larry Young et al v. City of Corpus Christi, No. 01-647-C, and Mary Collins et al v. City of Corpus Christi, No. 01-646-C, 94th District Court, Nueces County, Texas, to continue the employment of Denton, Navarro, and Bernal for legal services, subject to certification of funds. Agenda Regular Council Meeting May 21,2002 Page 3 CITY COUNCIL PRI~ (Refer to legend at the end of the agenda summary) Executive session pursuant to Texas Government Code Section 551.071 regarding cable television franchise issues, with possible discussion and action related thereto in open session. Executive session pursuant to Texas Govemment Code Sections 551.071,551.072 and 551.087 regarding the South Wharf Project in the Corpus Christi Marina, with possible discussion and action related thereto in open session. H. BOARDS & COMMITTEE APPOINTMENTS: (Attachment #3) Animal Control Advisory Committee Coastal Bend Health Facilities Development Corporation Electrical Advisory Board Water Shore Advisory Committee CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support matedal on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCE~ FROM PREVIOUS MEETIN(~; (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Motion approving a supply agreement with National Meter, Inc., of Lancaster, Ohio, for approximately 4,625 gas meter valves ranging in size from 1" to 1 ¼" in accordance with Bid Invitation No. BI-0074-02 based on Iow total bid for an estimated annual expenditure of $47,275. The term of the supply agreement will be for twelve months with an option to extend for up to two additional 2002 1 37 Agenda Regular Council Meeting May 21, 2002 Page 4 twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Gas Department for FY2001-2002. (Attachment #.4) Motion authorizing the City Manager or his designee to execute a construction contract with N.R. Johnston Electric, Inc. of Corpus Christi, Texas, for a total fee not to exceed $42,104 for the Wesley Seale Dam Operations Center Emergency Generator. (Attachment #5) Motion authorizing the City Manager or his designee to execute Change Order No. 3 with Insituform Technologies, Inc., of Houston, Texas, in the amount of $182,861.75 for the Sanitary Sewer Trunk Main Rehabilitation (Staples/Timbergate). (Attachment #6) Motion authorizing the City Manager or his designee to execute Amendment No. 5 to an engineering services contract with Bath Engineering, Inc. of Corpus Christi, Texas, in the amount of $39,650 for a total re-stated fee of $559,978 for the Wastewater Microwave Communication System. (Attachment #7) o Ordinance abandoning and vacating a 5,834-square foot portion, of a 10-foot wide utility easement, out of Lots lA and 2, Share III, C.C. Hart Partition; requiring the owner, Nueces County Emergency Services District No. 1 (Annaville Volunteer Fire Department) to comply with the specified conditions and replat the property within 180 days at the owner's expense. (Attachment #8) Motion authorizing the City Manager or his designee to accept funding in the amount of $17,987.89 from the West Oso Independent School District E=MC2, 21st Century Grant Program to provide a structured summer recreation program for junior high students. (Attachment #9) Ordinance appropriating $17,987.89 from West Oso Independent School District E=MC2, 21st Century Grant Program in the No. 1050 Federal/State Grants Fund to provide a structured summer recreation program for junior high students. (Attachment #9) CITY COUNCIL (Refer to legend at the end of the agenda summary) 2002 138 2002 1 39 2002 14O 024878 2002 1 41 02487§ Agenda Regular Council Meeting May 21,2002 Page 5 oC. 11.a. 11.b. 12.a. 12.b. Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with West Oso Independent School District to operate a Summer Teen Recreation Program. (Attachment #9) Resolution authorizing the issuance of a permit to Clear Channel Radio for the Outdoor Music Festival, "C Sculptures", on the Gulf Beach at Newport Pass County Park in the Corpus Christi City limits. (Attachment #10) Ordinance appropriating $462,181 from increased revenues of the Hotel Occupancy Tax Fund and transferring the full amount to the General Fund to be used for Beach Maintenance and Safety of newly annexed property on Mustang Island; amending Ordinance No. 024528 which adopted the FY2001-2002 budget by increasing both revenues and appropriations by $462,181 in the Hotel Occupancy Tax Fund. (Attachment #11) Ordinance appropriating $525,671 from increased revenues of the General Fund to be used for Beach Maintenance and Safety of newly annexed property on Mustand Island; amending Ordinance No. 024528 which adopted the FY2001-2002 budget by increasing both revenues and appropriations by $525,671 in the General Fund. (Attachment #11) Motion authorizing the City Manager or his designee to execute a contract with Collier, Johnson and Woods to perform the financial and compliance audit requirements for Fiscal Years ending July 31, 2002 and July 31,2003, in the estimated amount of $123,000 for Fiscal Year 2001 - 2002, and an estimated amount of $130,000 for Fiscal Year 2002-2003 subject to the availability of funds. (Attachment #12) Motion authorizing the City Manager or his designee to contract as needed with Collier, Johnson and Woods for additional assistance in the CAFR (Comprehensive Annual Financial Report) preparation for implementation of the new GASB (Governmental Accounting Standards Board) Statement No. 34 financial reporting model at their standard hourly rate, at an estimated amount of $10,000 subject to the availability of funds. (Attachment #12) CITY COUNCIL (Refer to legend at the end of the agenda summary) 024850 024881 O24882 024883 2002 ! ,42. 2002 143 Agenda Regular Council Meeting May 21,2002 Page 6 Motion authorizing the City Manager to execute a legal services contract with Michael Terry, Attorney at Law, to serve as co- counsel with Fulbright & Jaworski, LLP, to represent the City in its negotiations with Leon Loeb on the South Wharf Project and with Landry's Restaurants, Incorporated on the City's Marina Operations and Development Project, subject to certification of funds. (Attachment #13) 14. Ordinance appropriating $60,000 from the Refinery Terminal Fire Company in the No. 1020 General Fund, Contributions and Donations Fund, for the purchase of Information and Video Displaying System for the City's Emergency Operations Center (EOC). (Attachment #14) 15. Second Reading Ordinance - Authorizing the City Manager or his designee to execute a five-year lease with Santa Fe Soccer League, a non-profit organization, for the use of City property, North Pope Park and South Pope Park, for its soccer program and in consideration of Santa Fe Soccer League maintaining the premises and improvements. (First Reading 4/23/02) (Attachment #15) R E_~.G_U_LA R AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES: 16. Motion authorizing initiation of contract negotiations with artists, Michael Manjarris for the complete development and installation of a sculpture garden to include six artists: Luis Jimenez, James Suds, Charmaine Locke, John Buck, Mel Chin and Michael Manjarris for the Convention Center/Arena Project in the amount of $500,000. (Attachment #16) 17. Motion appointing City of Corpus Christi Board Member Representatives to Corpus Christi Reinvestment Zone No. 2 Board of Directors. (Attachment #17) 18.a. Ordinance appropriating $235,357 from the Unappropriated Street Assessments in Street Capital Projects Fund No. 3530 for the construction of the Mustang Island Fire Substation and Parks and Recreation Beach Services Facility; amending Ordinance No. CITY COUNCIL (Refer to legend at the end of the agenda summary) 2002 1 44 O24884 024885 200 1 2002 024886 Agenda Regular Council Meeting May 21,2002 Page 7 18.b. 19.a. 19.b. 20. 21 .a. 21.b. 024730, which adopted the FY2002 Capital Budget to increase appropriations by $235,357.(BOND ISSUE 2000) (Attachment #18) Motion authorizing the City Manager or his designee to execute a construction contract with Southern Contracting, Inc. of Corpus Christi, Texas in the amount of $473,800 for the Mustang Island Fire Substation and Parks and Recreation, Beach Services Facility. (Attachment #18) Motion adopting the FY2002 Community Development Block Grant (CDBG), Emergency Shelter Grants (ESG) and the HOME Investment Partnerships (HOME) Programs. (Attachment #19) Resolution adopting the City of Corpus Christi Consolidated Annual Action Plan (CAAP) for Community Planning and Development Programs for FY2002; authorizing the City Manager or his designee to submit the CAAP to the U.S. Department of Housing and Urban Development; and authorizing the City Manager or his designee to make changes in the CAAP if required by the U.S. Department of Housing and Urban Development. (Attachment #19) First Reading Ordinance - Amending Section 12-45.1, Code of Ordinances, relating to occupancy of vessels in the marina. (Attachment #20) First Reading Ordinance- Amending the Master Cable Services Regulatory Ordinance governing use of city streets, lanes, avenues, alleys, sidewalks, bridges, rights-of-way, easements, highways and other places in the City of Corpus Christi, Texas by providers of cable services. (Attachment #21) First Reading Ordinance - Granting to Texas Cable Partners, Inc. (Time Warner) a non-exclusive franchise to construct, maintain, and operate for a period of fifteen years, and during any extensions thereof, a cable television system and facilities and additions thereto, in, under, over, along, across and upon the streets, lanes, avenues, alleys, sidewalks, bridges, rights-of-way, easements, highways and other places in the City of Corpus Christi, Texas. (Attachment #21) CITY COUNCIL (Refer to legend at the end of the agenda summary) 2002 147 2002 1 48 024 87 Agenda Regular Council Meeting May 21, 2002 Page 8 21.c. 21.d. 22. 23.a. 23.b. First Reading Ordinance - Amending Section 6.2 of the ClearSource franchise regarding Public, Educational and Government access channels. (Attachment #21) First Reading Ordinance - Approving the transaction between ClearSource, Inc. and Grande Communications Holdings, Inc., subject to requirements. (Attachment #21) PUBLIC HEARINGS: (NONE) PRESENTATIONS: Public comment will not be solicited on Presentation items. Park and Recreation 2002 Summer Programs (Attachment #22) Solid Waste Services and Gershman, Brickner & Bratton, Inc. (GBB) describing status of the Business Plan for the J.C. Elliott Landfill and future Cefe Valenzuela Landfill (Attachment #23) Quarterly Update on Progress of the Automated Garbage Collection Program and Permitting Process (Attachment #23) PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 5:30 P.M. OR AT THE END OF THP COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASF LIMIT PRESENTATIONS TO THREE MINUTES IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, p/ease speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se didge a la junta y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espa~ol en la re({ni(Sn de la junta para ayudade. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY CITY COUNCIL (Refer to legend at the end of the agenda summa~J) Agenda Regular Council Meeting May 21,2002 Page 9 PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS,~OR THE PUBLIC AT ANY COUNCIL MEETING, N. REPORTS: 24. 25. 26. O. NOTE: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. CITY MANAGER'S REPORT * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at '~ [ O _Fh p.m., May 17 , 2002. Armando Chapa ' City Secretary ~ The City Council Agenda can be found on the City's Home Page at www.ci.corpus-christi.tx.us after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summa~,) n,'w mm.n,' O~ --LLI r~ u.,i --(.'3 ~U.I n,'