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HomeMy WebLinkAboutReference Agenda City Council - 03/22/2005 11: 45 a.m. - Proclamation declaring the month of March as "Irish History Month" Proclamation declaring the month of March as "Women's History Month" Transportation Security Administration (TSA) presentation of the Spirit of Cooperation Award Presentation of Corpus Christi Flag by Specialist Mario Gomez, United States Army Reservist, to Mayor Neal and Council on behalf of the men and women who served and are currently serving in the Middle East and especially for those who selflessly gave their lives for their country AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD MARCH 22, 2005 10:00 A.M. '- l CJ c.... ('Vo...,. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTlVA TED 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 12:00 p.m. or at the end of the Council Meeting, whichever is ear/ier. 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 Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espaflol en todas las juntas del Concilio para ayudar/e. 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 least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. ~ B. Invocation to be given by Pastor Mark Behrendt, Galilean Lutheran Church. '---'"""" C. Pledge of Allegiance to the Flag of the United States. - C:, \ f"V'i<. r\ e n ~/ D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem Bill Kelly ~' ~' Council Members: Brent Chesney Javier Colmenero Melody Cooper Henry Garrett Rex Kinnison Jesse Noyola Mark Scott ........ City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa ~ ~' ~ ----- v V 1./" , v' v/ Agenda Regular Council Meeting March 22, 2005 Page 2 E. MINUTES: 1. Approval of Regular Meeting of March 8, 2005. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Airport Board G. 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. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been fumished with background and support material 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 ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) 3.a. Ordinance approving transfer of $8,370.23 from Water Fund No. 4010, $3,472.36 from Wastewater Func!No. 4200, and $36.55 from Gas Fund No. 4130; to an appropriating in General Fund NO.1 020 for Central Cashiering Surveillance System; amending Budget adopted by Ordinance No. 025878 to increase revenues and appropriations by $11,879.14 each. (Attachment # 3) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) c. / (\/I '- V 026174 r v...,.rvhc.. ~ l~Lfo - d- Agenda Regular Council Meeting March 22, 2005 Page 3 3.b. Motion approving the purchase of a surveillance system for Central Cashiering from Total Protections Systems, Inc., of Corpus Christi, Texas in the amount of $36,551.21 based on the Cooperative Purchasing Agreement with the State of Texas. Funds are available in the Water, Wastewater and Gas Utility Funds and Central Cashiering Operations Budget for FY 2004-2005. (Requires 2/3 Council Vote) (Attachment # 3) 4. Motion approving a supply agreement for approximately 400,000 gallons of emulsified polymerized asphalt (HFRS-2P) in accordance with Bid Invitation No. BI-0067-05 with Koch Materials Company, of Corpus Christi, Texas based on only bid for an estimated annual expenditure of $472,000. The term of the supply agreement will be for twelve months with an option to extend 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 Street Services in FY 2004-2005. (Requires 2/3 Council Vote) (Attachment # 4) 5. Motion approving the purchase of body armor protective vests from Manny Trevino Enterprises, of San Antonio, Texas in accordance with Bid Invitation No. BI-0025-05 based on low bid meeting specifications for the total amount of $44,037.36. Funds are available from the Law Enforcement Trust Fund. (Requires 2/3 Council Vote) (Attachment # 5) 6. Resolution authorizing the City Manager or his designee to execute an Intertocal Agreement between the City of Corpus Christi, Texas (City) and Nueces County, Texas (County) to establish terms for sharing funds from the 2005 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Award and approving the submission of a grant application in the amount of $258,284 to the United States Department of Justice, Bureau of Justice Assistance, for funds available under the FY 2005 JAG Grant, whereas 50% of funds received under said grant will be retained by the City and 50% will be distributed to the County; all funds to be used by Corpus Christi Police Department and Nueces County during FY 2005-2006 for the enhancement of law enforcement. (Requires 2/3 Council Vote) (Attachment # 6) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2005 090 I, 2005 091 'I 2005 092 '" 026175 po \; cL l~-'] Agenda Regular Council Meeting March 22, 2005 Page 4 7.a. Resolution authorizing the City Manager or his designee to accept a grant from the Texas Department of State Health Services (DSHS) in the amount of $89,782 for diabetes prevention and management services. (Attachment # 7) 7.b. Ordinance appropriating a grant from the Texas Department of State Health Services (DSHS) in the amount of $89,782 in the No. 1066 Health Grants Fund for diabetes prevention and management services. (Requires 2/3 Council Vote) (Attachment # 7) 8. Motion authorizing the City Manager or his designee to execute Change Order No. 7 to a contract with Jalco, Inc., of Houston, Texas in the amount of $233,309.66 for the Northside/Port Area Infrastructure Improvements. (Requires 2/3 Council Vote) (Attachment#8)~0' > h,svhcll 5 fC-~',^'l" 9. Motion authorizing the City Manager or his designee to execute Change Order No.1 to the contract with Barcom Commercial, Inc., of Corpus Christi, Texas in the amount of $52,270 for installation of an irrigation system and hydromulch seeding for the Police and Fire Public Safety Training Facility, Phase 1. (Requires 2/3 Council Vote) (Attachment # 9) 10. Motion authorizing the City Manager or his designee to execute Change Order NO.5 to the contract with Barcom Commercial, Inc., of Corpus Christi, Texas in the amount of $27,968.60 for the City Hall Renovation and Space Utilization. (Requires 2/3 Council Vote) (Attachment # 10) 11.a. Ordinance appropriating $3,682.45 from interest eamings into the Street 1995 B Capital Improvement Program Fund No. 3538 for the Advanced Fund Agreement Sidewalk Accessibility Improvement Project with Texas Department of Transportation (TxDOT); amending the Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $3,682.45. (Requires 2/3 Council Vote) (Attachment # 11) 11.b. Motion authorizing the City Manageror his designee to increase the escrow amount of the Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) in the estimated amount of $216,355.10 for construction of barrier free ramps and CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 02fl176 l-t <2..C- ( ~ IO-D - r 020177 'I 2005 093 L.J c- l') r-e.v-..J ~ t-t,/ I G Cl I - f 2005 094 .--- ~' L{ 700 - (S' 200b 095 -- ~~. '-I '5 c- I J 026178 5fv~ 15'd1-3'9 2005 096 1\ Agenda Regular Council Meeting March 22, 2005 Page 5 sidewalks at selected street locations associated with the Sidewalk Accessibility Improvements project. (BOND ISSUE 2000) (Attachment # 11) 12. Motion authorizing the City Manager or his designee to execute Amendment No.4 for construction and management services with Anderson Group Construction Management, Inc., of Corpus Christi, Texas in the amount of $750,000 for various Capital Improvement Projects associated with the 2005 Capital Budget. (Requires 2/3 Council Vote) (Attachment # 12) 13. Motion authorizing the City Manager or his designee to execute Change Order No. 5 with the Construction Manager at Risk contract with Fulton/Coastcon and Hunt Construction Group, Joint Venture, of Corpus Christi, Texas and Indianapolis, Indiana in the amount of $297,004 for installation of additional improvements at Whataburger Field and increasing the Guaranteed Maximum Price to $23,090,826 for construction for the Professional Minor League Baseball Stadium. (Requires 2/3 Council Vote) (Attachment # 13) 14. Ordinance rescinding Ordinance No. 025965 which authorized the abandoning and vacating of a 27,082-square foot portion of an undeveloped and unsurfaced 60 foot wide dedicated public right-of- way (Seabreeze Drive) extending 451 linear feet north of South Padre Island Drive, out of Lot A, Block 2 and Lot A, Block 3, South bay Addition Annex. (Ordinance No. 025965 was approved by Council on September 21,2004) (Attachment # 14) 15. Ordinance abandoning and vacating a 9,498.1 O-square foot portion of a 1 O-foot wide utility easement out of Lot 1, Section 2, Nueces River Irrigation Park, located south of Northwest Boulevard (Farm- to-Market Road 624), west of County Road 69; subject to compliance with the specified conditions. (Attachment # 15) 16. Motion to amend Ordinance No. 026123 ordering a General Election by amending Attachment B Mobile Voting Schedule to provide for Mobile Voting at Island Presbyterian Church, 14030 Fortuna Bay. (Attachment # 16) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2005 097 ,~ t:<~ Lj ~u 2005 098 -- t?"-tJ y S <\ -<6 0261.79 <:;' tv- Gv1 .-- t5"d-o../J.- 0261.80 " 2005 099 e I ~<. tD'V' '\ Lfcru - I "f Agenda Regular Council Meeting March 22, 2005 Page 6 17. Motion approving the application from the Buccaneer Commission to temporarily close the following street sections for the 4th Annual "Buc Days BBQ Challenge and Rodeo" Festival, April 7, 2005 through April 17, 2005, and the annual Buccaneer Days Camival. (Attachment # 17) 1. The temporary street closures of both legs of Shoreline Boulevard, northbound and southbound from the north side of Power Street to the South Texas Art Museum for the 4 th Annual Buc Days Rodeo and BBQ Challenge beginning at 8:00 a.m., April 7,2005 to 4:00 p.m., April 17, 2005. 2. Additionally, Palo Alto and Fitzgerald Streets from southbound Shoreline Boulevard to Water Street will require temporary closures for the annual Buc Days Rodeo and BBQ Challenge beginning at 8:00 a.m, April 7, 2005 to 4:00 p.m., April 17, 2005. 3. In cooperation with the Texas Department of Transportation, North Broadway, including the area under United States 181 Harbor Bridge, between Fitzgerald and Brewster Streets will require temporary closure for staging of professional rodeo cowboy trucks and trailers beginning Tuesday, April 12, 2005 beginning at 8:00 a.m. through Sunday, April 17, 2005 to 9:00 p.m.. 4. Temporary closure of north portion of Fitzgerald Street between North Broadway and Mesquite beginning at 8:00 a.m. on Tuesday, April 12, 2005 to Sunday, April 17, 2005 no later than 9:00 p.m. 5. Temporary street closure of Park Avenue between southbound and northbound Shoreline Boulevard from April 18, 2005 through 5:00 p.m., May 2, 2005 for the purpose of setting up the annual Buccaneer Days Carnival. I. PUBLIC HEARINGS: VARIANCE REQUEST: 18.a. Public hearing on request for a variance to operate an establishment with on-premise consumption of alcoholic beverages. (Tabled 2/15/05) (Attachment # 18) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2005 100 S tve.tA--- 1 C; dv- ( I Agenda Regular Council Meeting March 22, 2005 Page 7 18.b. ( " ZONING CASES: (NONE) J. PRESENTATIONS: Public comment will not be solicited on Presentation items. 19. Work-Force 1 Quarterly Report (No Attachment) 20. Presentation ofthe 2nd Quarter FY 2004-2005 Budget/Performance Report (Attachment # 20) K. REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES: 21. First Reading Ordinance approving the FY 2005 Capital Budget in the amount of $178,074,800. (Attachment # 21) (RECESS REGULAR COUNCIL MEETING) L. MEETING OF CITY CORPORATION: (Attachment # 22) 22. CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION: AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION MEETING DATE: Tuesday, March 22, 2005 TIME: During the meeting of the City Council beginning at 10:00 a.m. PLACE: City Council Chambers 1201 Leopard St. Corpus Christi, TX 78401 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Fc,..\' \ e pi. l (\ I \ - \'-i-- Agenda Regular Council Meeting March 22, 2005 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1. President Rex Kinnison calls meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Rex A. Kinnison, President Javier Colmenero. Vice President Brent Chesney Melody Cooper Henry Garrett Bill Kelly Mark Scott Jesse Noyola Samuel L. Neal, Jr. Officers George K. Noe. General Manager Annando Chapa, Secretary Mary Juarez, Ass!. Secretary Cindy O'Brien. Treasurer Constance p, Sanchez. Ass!. Treasurer 3. Approval of minutes of January 11, 2005. 4. Financial Report. 5. Approval of funding for Nueces County Community Action Agency (NCCAA) in the amount of $277,220 of FY 2004 HOME Community Housing Development Organization funds and authorization to execute First Amendment with NCCAA. 6. Authorization to increase Homebuyer Assistance Program from $3,000 to $5,000 for down payment assistance and closing costs. 7. Authorization to add HUD-related changes to the CCCIC Handbook in lieu of CCCIC review and approval. 8. Public Comment 9. Adjournment. (RECONVENE REGULAR COUNCIL MEETING) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. I Agenda Regular Council Meeting March 22, 2005 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM A T THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please 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 dirige a la junta y cree que su ingles es limitado, habra un interprete ingles-espanol en la reuni6n de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERA TE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC A T ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. EXECUTIVE SESSION: 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 Govemment 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 MeetingsAct authorizing the executive session will be publicly announced by the presiding office. 23. Executive session under Texas Government Code Section 551.071 regarding Cause No. 04-06556-A, City of Corpus Christi, Texas vs. Air Liquide America, L.P., et ai, in the District Court of Nueces County, Texas, 28th Judicial District, with possible discussion and action related thereto in open session, <;ti OvVU'(tC-^<....L 026181 24. Executive session underTexas Govemment Code Section 551.071 regarding permitting issues related to the Allison Wastewater Treatment Plant, with possible discussion and action related thereto in open session. Agenda Regular Council Meeting March 22, 2005 Page 1 0 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 25. Executive session under Texas Govemment Code Section 551.071 regarding permitting issues related to the Greenwood Wastewater Treatment Plant, with possible discussion and action related thereto in open session. c; -e~ ""'''''1----1/"'-- 2005 101 26. Executive session underT exas Government Code Section 551.071 regarding legal issues relating to the acquisition of property for a new wastewater treatment plant to replace the Broadway Wastewater Treatment Plant, with possible discussion and action related thereto in open session. c; ,{'p, n\" tu.,,- 2005 102 O. REPORTS: 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 concems; 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. 27. LEGISLATIVE UPDATE: Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 79 Ih Texas Legislature. 28. CITY MANAGER'S REPORT * Upcoming Items 29. MAYOR'S UPDATE 30. COUNCIL AND OTHER REPORTS 23. ORDINANCE NO. 026181 Appropriating $76,800 from the unappropriated settlement proceeds from Gulfterra Energy Partners, L.P. in City Hall CIP Fund 3160; transferring $76,800 to and appropriating in General Fund 1020 Legal Services for professional services to obtain compensation from pipeline companies for use of city property; amending 2003-04 Capital Budget adopted by Ordinance 02564 7 to increase appropriations by $76,800; amending FY 2004-05 Operating Budget adopted by Ordinance 025878 to increase appropriations by $76,800; transferring $107,000 appropriated in Ordinance 025978 in General Fund 1020 Legal Services for professional services; and declaring an emergency. Se f;: ./~ ~ X r r:-~s 1; ~v'~ :J.<;- c :t (:, Agenda Regular Council Meeting March 22, 2005 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) P. ADJOURNMENT:'- 1;;Z '3 <; e Iv. POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance t~~ Hall, 1201 Leopard Street, at -Ii S-O p.m., V'(' YI I '?J , 2005. ~ Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com 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. t:t ). s c:; e...t., e.r E' \i ""JVo..., 'i \c>c7 ,- 25. MOTION NO. Motion authorizing the City Manager to execute a legal services agreement with Martin Rochelle of Lloyd, Gosselink, Blevins, Rochelle & Townsend, P.C., to provide legal services related to renewal and modification of the TPDES permit for the Greenwood WWTP, at an hourly rate that does not exceed $250.00, plus expenses subject to certification of funds. 26. MOTION NO. Ii c '~', ", 1', r ;,( <.~, Motion authorizing the City Manager to execute an amendment to the legal services agreement with Michael J. Nasi of Lloyd, Gosselink, Blevins, Rochelle & Townsend, P.c., to provide legal services related to environmental issues involved with the acquisition of a site for a new wastewater treatment plant to replace the Broadway WWTP, at an hourly rate of $2 I 0.00, plus expenses (including the hiring of environmental consultants), subject to certification of funds. C) -z 1-- cnl- -w O:::w :I::;E 0....1 cn- =>0 Q.z o:::=> 00 00 LLO::: 0<( >....1 I-=> -C) Uw 0::: it) o o N N N J: (.) 10. CO :E <i. c z w Cl <( I- Z W en z o () .-D \fl <::: '~ '~ ~2 '(: \ z \l z nz .,-- ) ~ \ , \ \ \ \ \ ~ ') ') ) \ \ \ , ) \ \ \ ,~ \ '; 'L 'i - --5 -=- iJ' - T - \:'(\ - ~ - -= 0 - \:J.. 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