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HomeMy WebLinkAboutReference Agenda City Council - 01/23/20071:45 A.M. - Proclamation declaring January 23, 2007 as "Big Brothers Big Sisters Day" "At Your Service" Award, City Staff Recognition AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 JANUARY 23, 2007 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED »I 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 Meting, whichever is earlier. 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 deeea dirigirse al Concilic y cree que su ingles es limitedo, habra un interprete ingles-espanol 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 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Pastor Carl Willis, Parkdale Baptist Church. C. Pledge of Allegiance to the Flag of the United States. h Gay Yet D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett \/ Mayor Pro Tem Rex Kinnison ✓ Council ¥embers: Brent Chesney Melody Cooper Jerry Garcia Bill Kelly John Marez Jesse Noyola Mark Scott E. MINUTES: 1. City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Approval of Regular Meeting of January 16, 2007. (Attachment # 1) Agenda Regular Council Meeting January 23, 2007 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. Electrical Advisory 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 Counci! we! 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 furnished worth background and support material on each item, and/or it has been cscussed 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. C9NSEN . O NS, 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) Motion approving a supply agreement with Fox Scientific, Inc., of Alvarado, Texas for laboratory chemicals and supplies in accordance with Bid Invitation No. BI -0199-06, based on low bid for an estimated annual expenditure of $30,033.96. The term of the agreement shall be for twelve months with options 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 the Water Department for FY 2006-2007. (Attachment # 3 ) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2007 018 Agenda Regular Council Meeting January 23, 2007 Page 3 4.a. Ordinance appropriating $132.289 from the auction proceeds from the sale of solid waste equipment in Fund 5110 for the purchase of a used crawler tractor from Waukesha -Pearce Industries; amending the FY 2006-2007 Operating Budget adopted by Ordinance No. 026908 by increasing appropriations by $132,289. (Attachment # 4) 4.b. Motion approving the purchase of a used crawler tractor from Waukesha -Pearce Industries, of Corpus Christi, Texas in accordance with Bid Invitation No. BI -0065-07 based on best value for a total amount of $132,289. The equipment will be used at the J C Elliott Landfill. Funding for the equipment is available in the Capital Outlay Budget in the Maintenance Services Fund. The equipment is a replacement unit. (Attachment # 4) 5.a. Motion approving the lease purchase of one (1) backhoe loader and one (1) wheel loader from Doggett Heavy Machinery Services, Ltd., of Corpus Christi, Texas for a total amount of $458,501.33. The award is made in accordance with the cooperative purchasing agreement with the Texas Local Govemrnent Cooperative. The equipment will be used at the J C Elliott Trash and Recycling Center. Funds for the lease purchase of equipment will be provided through the City's lease/purchase financing program. (Attachment # 5) 5.b. Motion approving the lease purchase of equipment from the following companies for the following amounts for a total amount of $1,154,236.06. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H -GAC). The equipment will be used at the J C Elliott Trash and Recycling Center. Funds for the lease purchase of equipment will be provided through the City's lease/purchase financing program. (Attachment # 5) Hi -Way Equipment Hco,istort TX Vacuum Machine $35,758.06 Rush Equipment Center of Texas, Inc. Houston, TX Tractor Trucks & Trailers $1,118,478 Subtotal (b): $1,154,236.06 Grand Total (a) & (b): $1,612,737.39 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 0271.1.4 2007 oig 2007 020 2007 021 Agenda Regular Council Meeting January 23, 2007 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6.a. Resolution authorizing the City Manager or his designee to accept a grant of $103,009 from the Department of State Health Services to provide tuberculosis prevention and control services and execute all related documents. (Attachment # 6) 6.b. Ordinance appropriating a grant of $103,009 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide tuberculosis prevention and control services. (Attachment # 6) 7 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the City of Kingsville to provide for joint use of Public Safety Computer Aided Dispatch, Records Management, and Mobile Data Computer Systems from Intergraph Corporation to be paid for in annual payments of $15,000 for client software, data conversion, and storage, and training. (Attachment # 7) 8. Motion authorizing the City Manager or his designee to extend the software maintenance agreement for twelve (12) months with infosol, Inc., of Bellaire, Texas in an amount not to exceed $47,413.41. Included in this maintenance agreement is the support for the CourtHouse software currently being utilized by the Municipal Court. The maintenance agreement provides for software and technical environment support, including any necessary upgrades as they become available. This vendor qualifies as sole source. (Attachment # 8) 9. Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract and a Temporary Construction Easement with the owners Charles Scott Mandel and wife, Thelma Mandel for a total expenditure of $156,718 which includes $130,900 for fee simple property rights to 3.74 acres of land, $2,100 in closing costs, and $23,718 for a 4.77 acre temporary construction easement and related fencing; all out of Lots 17 and 18, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, located on Cimarron Boulevard midway between Saratoga and Yorktown Boulevard; necessary for the Master Channel 27 Drainage Improvement Project (#2263) and for other municipal purposes. (Attachment # 9) 0271t5 0271.16 027117 2007 022 2007 023 Agenda Regular Council Meeting January 23, 2007 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 10. Ordinance appropriating $405,190 in surplus reserves from the unappropriated fund balance in the Development Services Fund No. 4670 FY 2006-2007 Budget for departmental reorganization and modifying the current business methodology; changing the FY 2006-2007 Budget adopted by Ordinance No. 026908 by increasing appropriations by $405,190. (Attachment # 10) 11. Ordinance amending Chapter 14 "Development Services,"Section 14-226(b) "Electrical Advisory Board," of the Code of Ordinances, to delete from membership one resident not connected with the electrical industry and to add to the membership a field representative from a utility power distribution company and a person in the electrical supply business. (Attachment # 11) 12. Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 12, Boats, Bays and Waterways, by amending Article III "Miscellaneous regulations on Lake Corpus Christi and other bodies of water discharging into Nueces River," Section 12-106 "Game preserves in Lower Nueces River Water Supply District," to rename the section and to prohibit hunting, fishing, trapping, camping, dumping trash and refuse, possessing firearms, and fires within the game preserves; providing for severance; providing a penalty clause; providing for publication; and providing for an effective date. (First Reading 01/16/07) (Attachment # 12) 13 Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront Management and Construction, by amending Article VII "Traffic," Section 10-77 "Pedestrian safe areas," to provide for marking and signage for pedestrian safe areas, and Section 10-80 "One-way traffic on beach and access roads" to provide for designation of the direction of travel between the northern end of the Padre Island seawall and Padre Balli Park; providing for severance; providing for publication; and providing for an effective date. (First Reading 01/16/07) (Attachment # 13) 027118 027119 027120 027121 Agenda Regular Council Meeting January 23, 2007 Page 6 I. PUILIC HEARINGS: ZONING CASES: 14. Casa No, 1206-03, Mostaghasi Investment Trust: A change of zonhig from a "R-1 B" One -family Dwelling District to a "B-4" General Business District being 1.94 acres, a portion of Lot 1, Block 2, Nueces River Irrigation Park, Volume "A", Page 54, Map Records, Nueces County, Texas, located approximately 400 feet from the southwest intersection of FM 624 (Northwest Boulevard) and County Road 69 (Hazel Bazemore Road). (Attachment# 14) Platning Commission and Staffs Recommendation: Approval of the NB -4" General Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Mostaghasi Investment Trust, by changing the zoning map in reference to Nueces River Irrigation Park, Volume "A", Page 54, Map Records, Nueces County, Texas, being 1.94 -acres, a portion of Lot 1, Block 2 from "R-1 B" One -family Dwelling District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty. 15. Cade No. 1206-02, Catamaran Properties, Ltd.: A change of zoning from a "R-1 B" One -family Dwelling District to a "R-2" Multiple Dwelling District for Tracts 2 and 3 and a "B-1" Neighborhood Business District for Tract 1 resulting in a change of lend use from single-family residential to multi -family and commercial property being Tract 1 - 1.08 acres, a portion of the A.M. French 237 acre tract out of Survey 417, Abstract 571, Nueces County, Texas, located at the southeast intersection of McKinzie Road and Kingsbury Drive; Tract_2 - 1.67 acres, a portion of the A.M. French 237 acre tract out of Survey 417, Abstract 571, Nueces County, Texas, located approximately 190 feet from the southeast intersection of McKinzie Road and Kingsbury Drive; Tract 3 - 3.5 acres, a portion of the A.M. French 237 acre tract out of Survey 417, Abstract 571, Nueces County, Texas, located at the northeast intersection of McKinzie Road and Kingsbury Drive. (Attachment # 15) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 027122 Agenda Regular Council Meeting January 23, 2007 Page 7 Plning,Commission and Staffs Recommendation: Approval of a "R-2" Multiple Dwelling District for Tracts 2 and 3 and a "B-1" Neighborhood Business District for Tract 1. ORDINANCE Amending the Zoning Ordinance, upon application by Catamaran Properties, Ltd., by changing the zoning map in reference to Tract 1 -1.08 acres, a portion of the A.M. French 237 acre tract out of Survey 417, Abstract 571, Nueces County, Texas, from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District; Tract 2 - 1.67 acres, a portion of the A.M. French 237 acre tract out of Survey 417, Abstract 571, Nueces County, Texas, from "R-1 B" One -family Dwelling District to "R-2" Multiple Dwelling district; and Tract 3 - 3.5 acres, a portion of the A.M. French 237 acre tract out of Survey 417, Abstract 571, Nueces County, Texas from "R-1 B" One -family Dwelling District to "R-2" Muftiple Dwelling District; amending the Comprehensive Plan to accountforany deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty. J. REGULAR AGENDA CONSIDERATION OF MOTION, RESOLUTIONS, AND ORDINANCES: 16.a. First Reading Ordinance - Amending the Code of Ordinances, Chapter 53, Traffic, by establishing an Automated Red Light Enforcement Program; providing for publication; and providing for penalties. (Attachment # 16) 16.b. Presentation on Selected Contractor for Red Light Photo Enforcement Contract. (Attachment # 16) 17. Ordinance amending the Code of Ordinances, Chapter 33, Offenses and Miscellaneous Provisions, by prohibiting certain activity known as grinding on City property; providing for publication; and providing for penalties. (Attachment # 17) 18. Resolution supporting and endorsing the Corpus Christi Police Department in its efforts to become a nationally accredited law enforcement agency. (Attachment # 18) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 027123 027124 C+27125 Agenda Regular Council Meeting January 23, 2007 Page 8 19. First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 49, Streets and Sidewalks, and Chapter 2, Administration, by authorizing the City Manager to execute Standard Form Revocable Use Privilege Agreements or Licenses for pipelines, monitoring/recovery well, or cable and conduit containing cable installation, and other structures or faclties within City rights-of-way and on City -owned property; setting use and application fees; providing for publication; and providing for an effective date. (Attachment # 19) 20.a. Ordinance appropriating $1,150,483.18 from the unappropriated interest earnings from Wastewater 1995A Capital Improvement Program Fund (SRF) and appropriating $274,851.32 from the unappropriated interest earnings from Wastewater 1999A Capital Improvement Program Fund (SRF) forthe Broadway Wastewater Treatment Plant Basin Service Area Sewer Line Rehabilitation; amending the Capital Budget FY 2006-2007 adopted by Ordinance No. 026997 by increasing appropriations by $1,425,334.50. (Attachment # 20) 20.b. Mo#ion authorizing the City Manager or his designee to execute a construction contract in the amount of $2,797,000 with Reynolds Inliner, LLC of Orleans, Indiana for the Broadway Wastewater Treatment Plant Basin Service Area Sewer Line Rehabilitation. (Attachment # 20) 21 Motion authorizing the City Manager to enter into a collective bargaining agreement with the Corpus Christi Fire Fighters' Association for wages, benefits and working conditions. (Attachment # 21) 22.a. Resolution by the City Council of the City of Corpus Christi, Texas, directing publication of Notice of Intention to Issue Combination Tax and Revenue Certificates of Obligation in an amount not to exceed $11,000,000; and resolving other matters relating to the subject. (Attachment # 22) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) + 27126 2007 024 2007 025 027127 Agenda Regular Council Meeting January 23, 2007 Page 9 22.b. Resolution by the City Council of the City of Corpus Christi, Texas, directing the City Manager to proceed with preparing necessary documents to effect the sale of General Improvement Bonds in an amount not to exceed $4,000,000; and resolving other matters relating to the subject. (Attachment # 22) 23. Ordinance amending Ordinance No. 027102 that approved the Asset Purchase Agreement by and among EarthLink, Inc. and the City of Corpus Christi, Texas, and the CC Digital Community Development Corporation, and amending Ordinance No. 027103 that acknowledged the Network Services Agreement between EarthLink, Inc. and the CC Digital Community Development Corporation, and agreed to perform all obligations of the Corporation thereunder not performed by the Corporation, in order to approve alternative provisions in the event the transaction is determined to be subject to sales tax. (Attachment # 23 ) 24, appeal by Latrice Sellers of the Corpus Christi Cable Communications Commission's November 20, 2006 decision that a public access show contained commercial programming. (Attachment # 24) K. PIIgSETATIONS: Public comment will not be solicited on Presentation items. 25. Gas Department Operations (Attachment # 25) 26. Americans with Disabilities Act (ADA) Title II Transition Plan/Non- Discrimination Ordinance Quarterly Update (Attachment # 26) 27. Utility Rate Study Update (Attachment # 27) L. PLIC COMMENT FROM THE AUDIENCE ON MATTERS N T WIEDULED ON THE AGENDA WILL BE HEARD AT R MATELY 12:00 P.M. OR AT THE END OF THE CON MEETING. WHICHEVER IS EARLIER. PLEASE LiI1T SENTATIONS 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. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 027128 As carne `1 de c d 027129 2007 026 Agenda Regular Council Meeting January 23, 2007 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 'A recording 1.5 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, habil un interprete ingles-espaflol en la reunion de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY C YJNCN. MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FiRST AMENDMENT RIGHTS. M. 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 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. N. R a' ORIS: 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. 28. LEGISLATIVE UPDATE: Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 80`h Texas Legislature. Agenda Regular Council Meeting January 23, 2007 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 29. CITY MANAGER'S REPORT Upcoming Items 30. MAYOR'S UPDATE 31. COUNCIL AND OTHER REPORTS O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Haft, 1201 Leopard Street, at , I (C p.m., January 19, 2007. rmando 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. Syrnbols used to highlight action item that implement council priority issues. CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING January 23, 2007 CONSENT AGENDA: 4'141,[1pe.tztriiMil401140,,,, e,. H. Garrett 5a-b,Coct-b 61, j 1 3 \ 1 B. Chesney J 1.• M. Cooper J. Garcia V // fit B. Kelly R. Kinnison J. Marez J. Noyola M. Scott 1\\ 1 V. v Page of , H. Garrett B. Chesney M. Cooper J. Garcia B. Kelly ✓, CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING 15 J January 23, 2007 r 4 l 11 ‘,/ s 1 v I� 4,. mate -✓icte & A A fi R. Kinnison J. Marez v v J. Noyola v J V I • Scott \// P 1 V v 1-3