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HomeMy WebLinkAboutReference Agenda City Council - 10/21/200811:45 A.M. - Proclamation declaring Friday, October 24, 2008 as "46'h Annual St. Patrick School Halloween Carnival Day' Proclamation declaring Saturday, November 1, 2008 as "National Family Literacy Day' Swearing-in Ceremony of newly appointed Board, Commission and Committee members AGENDA CITY OF CORPUS CHRISTf REGULAR COUNCIL MEETING CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 OCTOBER 21, 2008 10:00 A.M. ~/ PUBLIC NOTICE -THE USE OF CELL ULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITYCOUNCIL CHAMBERS DURING MEETINGS OFTHE C/TYCOUNCIL. 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 earlier. Please speak into the microphone located at the podium and state yourname and address. Yourpresentation will be limited fo 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 IimRado, habr8 un intdrprete ingles-espanol en todas fas 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 Father Andrew Thayer, St. Bartholomew's Episcopal Church. C. Pledge of Allegiance to the Flag of the United States. P. ~w~ D. City Secretary Armando Chapa t/o call the roll of the required Charter Officers. Mayor Henry Garrett 1/ Mayor Pro Tem Priscilla Leal Council Members: Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly John Marez Nelda Martinez Michael McCutchon E. MINUTES: nterim City Manager,4ngel R. Escobar__ t// :ity Attorney Mary Kay Fischer :ity Secretary Armando Chapa a.-r .- Approval of Special Meeting of October 7, 2008. (Attachment # 1) ~~c Agenda Regular Council Meeting October 21, 2008 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of fhe agentla summary) 1 p:05 am . F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. Corpus Christi Aquifer Storage and Recovery Conservation District (Confirmation of Officers) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, orordinances. If deemed appropriate, the City Council will use a different method ofadoption 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 maybe made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporatedherein forreconsideration and action on any reconsidered item. H. CITY MANAGER'S REPORT: (NONE) CONSENT AGENDA ~p.l~~J° lo, Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed of a previous meeting. All items will be acted upon byone 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 byone vote. (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) 3. Motion approving a supply agreement with Pencco, Inc., of San Felipe, Texas for approximately 178,150 gallons of ferrous sulfate in accordance with Bid Invitation No. BI-0224-08 based on only bid for an estimated six-month expenditure of $149,997. The term of the supply agreement will be for six months with an option to extend for up to five additional six-month periods Q Yl-~, 2008 267 Agenda Regular Council Meeting October 21, 2008 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Wastewater Department in FY 2008-2009. (Attachment # 3) 4. Motion authorizing the purchase of specialized equipment for a total amount of $403,716.87 utilizing funds from the 2007 Homeland Security Grant awarded to the City of Corpus Christi `L ~ 0 8 2 6 8 and budgeted in the Fire Grant Fund No. 1062. (Attachment#4) 5.a. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $257,801.80 from the Texas Department of Transportation (TXDOT) for Years 2 and 3 of the Comprehensive Selective Traffic Enforcement Project (STEP) in 2 ~ 0 $ 2 6 9 the Police Departmentforovertime Driving While Intoxicated and Speed enforcement with a City match of $114,175.02 and to execute all related documents. (Attachment # 5) 5.b. Ordinance appropriating $257,801.80 from the -Texas Department of Transportation (TXDOT) for funding for Years 2 p 2 ~ ~ g 5 and 3 of the Comprehensive Selective Traffic Enforcement Project (STEP) in No. 1061 Police Grants Fund. (Attachment # 5) 6.a. Resolution authorizing the City Manager or his designee to accept a grant of $748,018 from the Texas Department of State Health Services to provide forthe Women, Infants, and Children ~ 2'7 ~ 9 6 program (WIC), based on an $11.55 reimbursement for each participant served, and to execute all related documents. (Attachment # 6) 6.b. Ordinance appropriating a grant of $748,018 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the Women, Infants, and Children (~ ~ ~ $ 9 7 program (WIC), based on an $11.55 reimbursement for each participant served. (Attachment # 6) 7. Motion authorizing the City Manager or his designee to execute a two-year contract with the Department of State Health Services for the administration of duties performed by the Vital Statistics 2 Q 0 8 ~ 7 Program of the Health Department and for the payment of record fees due to the State. (Attachment # 7) Agenda Regular Council Meeting October 21, 2008 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 8. Ordinance appropriating $625,409 from the estimated program income revenue in the No. 1066 Health Grants Fund as State Fiscal Year 2008-2009 program income to fund laboratory and public health services for the period of September 1, 2008, through August 31, 2009. (Attachment # 8) 9.a. Resolution authorizing the City Manager or his designee to execute all documents necessary to accept the $150,000 grant from the U.S. Department of Justice (DOJ), Office of Justice Programs for support of the Corpus Christi Southeast Weed and Seed Community for FY 2008-2009. (Attachment # 9) 9.b. Ordinance appropriating $150,000 from the U.S. Department of Justice, Office of Justice Programs in the No. 1067 Federal/State Grant Fund for support of the Corpus Christi Southeast Weed and Seed Community for FY2008-2009. (Attachment # 9) 10.a. Resolution authorizing the City Manager or his designee to accept a grant of $31,000 from the Coastal Bend Council of Govemments and execute an Interlocal Agreement to provide recycling and anti-litter education. (Attachment # 10) 10.b. Ordinance appropriating a grant of $31,000 from the Coastal Bend Council of Governments in the No. 1051 Solid Waste Grants Fund to provide recycling and anti-litter education. (Attachment # 10) 11. Motion authorizing the City Manager or his designee to execute a System Support Agreement with Mettler-Toledo, Inc., of Columbus, Ohio for a term of five years, commencing September 19, 2008 and ending September 18, 2013, and total cost of $86,187.60, with the option to extend for up to one additional five year term. The fee for the first year of the agreement is $16,561.67. The system support agreement covers hardware and software associated with the scale systems at the Cefe Valenzuela Landfill and software for the J.C. Elliott Landfill Transfer Station and Central Management Reporting System. (Attachment # 1'1) 02'7898 027899 027900 027901 "2'7902 2008 271 Agenda Regular Council Meeting October 21, 2008 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 12. Motion authorizing the City Manager or his designee to grant a permit to Sabco Operating Company of Houston, Texas to drill an oil or gas well being State Tract 71, Well No. 1, approximately three miles east of the Corpus Christi Marina in Corpus Christi Bay. (Attachment # 12) 13. Motion authorizing the City Manager or his designee to execute Amendment No. 16 to the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $259,744.80 for a restated not to exceed total fee of $2,888,813.80 for the Corpus Christi International Airport Airfield Drainage Phase VI and Taxiway Rehabilitation, Signage and Lighting Improvement Projects for construction management and inspection. (Attachment # 13) 14. Motion authorizing the City Manager or his designee to execute Change Order No. 3 with Longhorn Excavators, Inc., of Richmond, Texas in the amount of $59,602 for the Cefe F. Valenzuela Landfill Section 4A Liner & Leachate Collection System and Section 4B Excavation for sump modifications. (Attachment # 14) 15.a. Ordinance appropriating $96,492.07 from the Unreserved Fund Balance in the einvestment Z e No. 2 Fu d 1111 for contractor mobili ation, demobili tion and oth construction suspension co s for the Packe Channel Bo Ramp Parki Lot and Acc s Road asp Change O er No. 2 to e construction contract with rrett Const ction of Ingle de, Texas; ch ging the FY 2 8-2009 Op ating Budget ad pted by Ordi nce No. 027 76 to incr se appropriati s by $96,49 .07. (Attachme # 15) 15.b. Moti authorizing t e City Mana r or his designe to execute Ch ge Order N 2 to the con traction contrac with Garre C struction of I gleside, Texa , in the amount $ 6,492.07 fo a r ised total ntract price $854,322.10 f r the Pac ery hannel Bo Ramp Parkin Lot and Acces Road FY 007- 2008 for c ntractor mobi ' ation, demobi ' ation and other constructi suspension costs. (Attachment # 15) 200 8 2 72 2008 2l3 200 8 2 74 Pos+-per ~ „~, ~~- ~w Agenda Regular Council Meeting October 21, 2008 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary). 16. First Reading Ordinance -Amending the Code of Ordinances, City of Corpus Christi, Chapter 2, to establish the Senior Companion Program Advisory Committee; and providing for publication. (Attachment # 16) 17. First Reading Ordinance -Amending the Code of Ordinances, City of Corpus Christi, Chapter 2, to establish the Retired and Senior Volunteer Program Advisory Committee; and providing for publication. (Attachment # 17) 18. Second Reading Ordinance - Amending the Code of Ordinances, Chapter 53, Traffic, Schedule V, Section 53-254, (Increase of State Speed Limit in Certain Zones) by establishing a revised speed limit of 70 MPH on U.S. Highway 77 (increasing the speed limit from 55 MPH to 70 MPH) from Interstate Highway 37 to -the City limits south; providing for penalties; providing for publication. (First Reading 10/14/08) (Attachment # 18) 19. Second Reading Ordinance -Amending the Code of Ordinance, Chapter 53-Traffic, Section 53-250- Schedule I, One-Way Streets and Alleys, Section (a), by removing current one-way traffic pattern on Riverwood Road to two way traffic in the northbound and southbound direction of travel from F.M. 624 (Northwest Boulevard) to River Hill Drive, at all times; providing for penalties; providing for severance; and providing for publications. (First Reading 10/14/08) (Attachment # 19) 20. Second Reading Ordinance -Authorizing the City Manager or his designee to lease Real Property to the United States Coast Guard for $1.00 a year for a term of nineteen years, nine months (beginning on January 1, 2009 and ending on September 30, 2028) in connection with a navigation marker mounted on the east wall of the South Texas Institute for the Arts Building, an Aid To Navigation (Aton) structure known as the "Corpus Christi Channel Cut "B"West Range Front Light (Ac117817)"; providing for publication. (First Reading 09/23/08) (Attachment # 20) 02'7903 02'7904 02'7905 Agenda Regular Council Meeting October 21, 2008 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of tl~e agenda summary) J. PUBLIC HEARINGS: ZONING CASES: ~ 0:20 - ~ ~ :3~ 0.. vv~ , 21. Case No. 0908-02. Martin Hameka: A change in zoning from a "FR" Farm-Rural District to an "I-2" Light Industrial District resulting in a change of land use from vacant farm land to light industrial uses on property described as 5.009 acres out of Margaret Kelly Land, Tract 3, Tracts A, B and C, located at 5802 Old Brownsville Road, located north of Old Brownsville Road and approximately 1,100 feet southwest of Westpoint and Old Brownsville Road intersection. (Attachment # 21) Plannina Commission and Staffs Recommendation: Approval of an "I-2" Light Industrial District. ORDINANCE Amending the Zoning Ordinance, upon application by Martin Hameka, by changing the Zoning Map in reference to 5.009 acres out of Margaret Kelly Land, Tract 3, same being described as Tracts A, B and C, from "FR" Farm-Rural District to "I-2" Light Industrial District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; and providing for publication. 22. Case No. 0908-03. Brown & Ortiz, P. C.: A change of zoning from a "RE" Residential Estate District to a "B-3" Business District resulting in a change of land use from vacant to retail uses on property described as 3.777 acres, being part of Lot 6 and Lot 7, Section 41, Flour Bluff and Encinal Farm and Garden Tracts, Volume A, Page 42, Nueces County, TX, located west of Flour Bluff Drive approximately 130 feet north of the Flour Bluff and Compton Road intersection. (Attachment # 22) Q2'79O6 Planning Commission and Staffs Recommendation: Approval of a "B-3" Business District. Agenda Regular Council Meeting October 21, 2008 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ORDINANCE Amending the Zoning Ordinance, upon application by Brown & Ortiz, P.C., by changing the Zoning Map in reference to 3.777 acres being a part of Lot 6 and Lot 7, Section 41, Flour Bluff and Encinal Farm and Garden Tracts, from "RE" Residential Estate Q ~?'~ 9 Q "f District to "B-3"Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealerclause; and providing for publication. RENEWAL COMMUNITY: 23.a. Public hearing to consider and nominate applications to the Office of the Governorfor Commercial Revitalization Deduction allocations. (Attachment # 23) 23.b. Resolution nominating projects to the Office of the Governor for O 2 ~ 9 Q 8 Renewal Community Commercial Revitalization Deductions. (Attachment # 23} K. REGULAR AGENDA ~•}~,t'1'lS/~~]y~J/~,J" ~ ~ Q 11/'y2 q , I+A~I C111C~wT~f~u ~~ uATIf1~IC ~CCfV I ITIA\IQ AAlrl AOI'f1AlALi!`CC• ~ ©~ 1 11= ~-S Q.I 24. Motion authorizing the City Manager or his designee to execute a construction contract with H&G Contractors of Corpus Christi, Texas, in the amount of $2,919,681.16 for the Laguna Shores 2 Q 0 $ 2 7 iJ Road Rehabilitation from Graham Road to Hustlin' Hornet Drive for the Total Base Bid and Additive Alternate No. 1. (BOND ISSUE 2004) (Attachment # 24) 25. Resolution authorizing the City Manager, or his designee, to execute an Advance Funding Agreement with the Texas 0279OQ Department of Transportation (TXDOT) in the amount of $1,683,570 for North Port Avenue from IH 37 to US 181 for construction work. (BOND ISSUE 2004) (Attachment # 25) 26. Resolution approving a policy regarding identity theft detection Q 2 ~ 91 Q and prevention for utility customer accounts. (Attachment # 26) Agenda Regular Council Meeting October 21, 2008 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 27. Resolution expressing official intent to reimburse costs with respect to the Health Department Laboratory Air Handler and Health Department Chiller replacement. (Attachment # 27) 28. Ordinance appropriating $355,000 of the Unreserved Fund Balance in the General Fund No. 1020 for Health Department Laboratory Air Handler replacement and Health Department Chiller replacement; changing the FY 2008-2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $355,000. (Attachment # 28) 29. Resolution o the City of Corpus Christi, Te s, authorizing th South Tex Aggregation oject, Inc. AP) to negotiate n Electric upply Agree ent for deli ries of electrici and nece ary related s ices effectiv anuary 1, 2009; proving ST contractin ith FPL En y Power Marketi ,Inc. and ' ect Energy P and auth zing the City Ma ger to sign a ontract wit TAP forth ity's electricity n ds for the period beginnin January 1, 9 and extending p to December 31, 2013. ttachment # 91 30. Resolution approving the general location of bollards in the vicinity of the Padre Island seawall and South Packery Channel jetty. (Attachment # 30) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 31. Update on Coastal Bend Workforce Development Partnership- Industry Outreach Initiative (Attachment # 31) a;Of~~rra, -' 32. Report on Municipal Court Judges Salary ,Adjustments (Attachment # 32) ~ a : ~ ~j ° (~; ?~ x, 33. Storm Water Drainage Utility Update (Attachment # 33) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS t}27911 027912 ~©S''~'•° ~~c 1 l ~t~.: (~O~t , t 027913 a ~' II, 55.,~12~-3 ~ LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, Agenda Regular Council Meeting October 21, 2008 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PLEASE SIGN THE FORMAT 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 of the podium and state your name and address. ff you have a petition or other information pertaining to your subject, please present ft to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFFPERSON, OR MEMBERS OFTHEAUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY lS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. EXECUTIVE SESSION: PUBLIC NOTfCE is given that the City Council may elect to go info executive session at any time during the meeting in order to discuss anymaiters 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. Agenda Regular Council Meeting October 21, 2008 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) O. ADJOURNMENT: ~ ,O ~ ~•m' 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 p.m., on October 15, 2008. n s~:E rv ~1ut~~ i, C.G~;~~~ Armando Chapa ~.ti~ 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 Wednesday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Thursday morning. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2007-2009 ~~ O im ~i Develop Street Plan Texas A&M University-Corpus Christi Expansion Neighborhood Improvement Program (NIP) and Model Block Expansion Development Process Improvement Bond 2008 Coliseum Plan Master Plan Updates improve Code Enforcement Downtown Plan Charter Review ~, i- ~, I~ ~ ~ C ~~ ~ N ~ ~ ~ ~ ~ N ff ~ t D - ~ ~ `~ O ~ ~ 1 W A D "' ~. w N 6- O c~ N N O O OD ^^N ^ YI " r DO T O z~ nc ~n m m~ ~~ z =~ ~ ~~ ~ ~ 0 ~~ 1 z ~ N ~- c~'~ N ~ n ~ 3 v °' oo ~ ~ ~ ~ ~ o O N ~ °o ~ _ "~ V ~ ~ ~ O r.. 0 a N 3 N O O rn c~ r DO ~~ 00 C ~ ^Z C •/ rn m~ ~~ z '~ O