HomeMy WebLinkAboutReference Agenda City Council - 12/09/2008AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL -COUNCIL CHAMBERS
1201 LEOPARD ST.
CORPUS CHRISTI, TEXAS 78401
DECEMBER 9, 2008 ,
10:00 A.M. --- ~ 0 Q~
PUBLIC NOTICE -THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED /N THE CITYCOUNCIL CHAMBERS DURING MEETINGS OFTHE C/TYCOUNC/L.
Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. oral the end
of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state yourname
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, habri3 un int8rprete ingl~s-espanol en todas las juntas
del Concilio para ayudarle.
Persons with disabilities who plan fo 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 Assistant Pastor -Doug Hoffman, Calvary Chapel of the
Coastlands.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Henry Garrett
Mayor Pro Tem Michael McCutchon
Council Members:
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla Leal
John Marez
Nelda Martinez
City Manager Angel R. Escoba
City Secretary Armando Chapa ,
Asp-I~.c~~Y a~I~~~ ~~~~~LQ~~~I `~
E. MINUTES:
Approval of Regular Meetings of November 11, 2008 and November ~8, 2008 and Special
Meeting of November 13, 2008. (Attachment# 1) DLI AA.i
Agenda
Regular Council Meeting
December 9, 2008
Page 2
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
F. BOARDS 8 COMMITTEE APPOINTMENTS: (Attachment # 2)
2. Arts and Cultural Commission
* Board of Adjustment
* Building Code Board of Appeals
* Corpus Christi Regional Economic Development
Corporation
* Ethics Commission
* North Padre Island Development Corporation
* Oil and Gas Advisory Committee
* Port of Corpus Christi Authority of Nueces County, Texas
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
_ _ as motions, resolutions; orbrdinances: 7fdeemed 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 maybe made at this meeting of a
vote at the last regular, or a subsequent special meeting; such
agendas are incorporated herein forreconsiderationand action on any
reconsidered item.
H. CITY MANAGER'S REPORT: (NONE)
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CONSENT AGENDA
Notice to the Public
I(, ia, iSII'7
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 ata 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 by one vote. _
CONSENT MOTIONS RESOLUTIONS. ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
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(At this point the Council will vote on all motions, resolutions and ordinances
not removed for individual consideration)
Agenda
Regular Council Meeting
December 9, 2008
Page 3
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
3. Ordinance authorizing the City Manager or his designee to
execute aone-year lease agreement, with option to extend for
up to two additional one-yearterms, with War-Cat Youth Football
League, anon-profit organization, and Nueces County, for the
use of Equistar Field located near the intersection of McKinzie
Road and Haven Drive, for its youth football athletic program in
consideration of maintaining the premises and improvements.
(Attachment # 3)
4.a. Motion authorizing the City Manager or his designee to accept
funding in the amount of $1,600 from Target for the purchase of
equipment to assist the Repeat Offender Program for the Police
Department. (Attachment # 4)
4.b Ordinance appropriating $1,600 from Targetforthe purchase of -
-- - ---
equipment toassist the Repeat Offender Program for the Police
Department in Fund No. 1020 Police General Fund. (Attachment
# 4)
5.a. Motion approving the purchase of backup software and-
. hardware from Sigma Solutions of San Antonio, Texas in the
amount of $660,278 for a turnkey solution, including five-year
support and maintenance services, for the following software
and hardware: EMC Networker/EDL software; EMC Avamarde-
duplication software and appliances; EMC Virtual Tape Library;
upgrade to the StorageTek tape backup hardware; project
management; and staff training. The purchase will be financed
over afive-year period. The solution is the first phase in creating
a disaster recovery system and increased data storage system.
Sigma Solutions is a State of Texas Go Direct Vendor.
(Attachment # 5)
5.b. Motion approving the purchase of continued annual
maintenance from Sigma Solutions of San Antonio, Texas for
the Networker/EDL software, Avamar software and appliances,
Virtual Tape Library, and StorageTek hardware solution subject
to annual appropriation of funds. (Attachment # 5)
6.a. Resolution authorizing the City Manager or designee to execute
a Gift Agreement with the Friends of Corpus Christi Public
Libraries, in the amount of $5,000.00 for the purchase of
computers for the Northwest Branch Library. (Attachment # 6)
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2008 318
_~? 27-9-6 3 ----
2008 319
2008 320
027964
Agenda
Regular Council Meeting
December 9, 2008
Page 4
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
6.b. Ordinance appropriating a $5,000.00 gift from the Friends of
Corpus Christi Public Libraries into the General Fund No. 1020,
Organization No. 12830, Account No. 520100, forthe purchase
of computers for the Northwest Branch Library; changing FY Q ~ ~ ~ 6 5
2008-2009 Operating Budget adopted by Ordinance No. 027776
to increase revenues and appropriations by $5,000.00 each.
(Attachment # 6)
7.a. Motion adopting the timetable for the FY2009 Consolidated
Annual Action Plan that is the planning and application process
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Investment Partnerships (HOME) and Emergency Shelter Grants
(ESG) programs. (Attachment # 7)
7.b. Motion reaffirming Community Development Block Grant
(CDBG) and HOME Inve§tmerit Partnerships Program objective§-- --- ~~0 8 3 2 2
and guidelines as previously approved and amended by City
Council Policy No. 9. (Attachment # 7)
8. Ordinance appropriating $778,503 from the Federal Aviation
Administration Grant No. 3-48-0051-43-2008 in the No. 3020
Airport Capital Improvement Fund for construction of a ~ ~ 7 9 6 6
Maintenance Equipment Building, Phase II and to rehabilitate
Taxiway M, Phase I at Corpus Christi International Airport;
amending FY2008 Capital Budget adopted by Ordinance No.
027546 to increase appropriations by $778,503. (Attachment
# 8)
9. Resolution authorizing the City Manager or his designee to
execute a multiple use agreement with the Texas Department of ~ ~
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Transportation ("State") which allows for the City to install,
operate, and maintain a storm water monitoring station in State
right-of-way. (Attachment # 9)
10. Motion authorizing the City Manager, or his designee, to execute
a construction contract with R.S. Black Civil Contractors Inc. of
Corpus Christi, Texas, in,; the amount of $97,000 for the 2 0 0 ~ 3 2 3
Whitecap Wastewater Treatment Plant South Clarifier
Rehabilitation. (Attachment # 10)
Agenda
Regular Council Meeting
December 9, 2008
Page 5
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
11. Motion authorizing the City Manager or his designee to execute
a Traffic Signal Installation Contract with Star Operations, Inc. of
Corpus Christi, Texas in the amount of $745,176.50 for the
Traffic Signal Installations for: (BOND 2004) (Attachment# 11)
• Part 1, Part A: Port Avenue & Ayers for the Total Base Bid;
• Part 1, Part B: Gollihar & Airline for the Total Base Bid and
Additive Alternate No. 1;
• Part 2, Park Road 22 & Whitecap and SH361 &
Commodores for the Total Base Bid.
12. Motion authorizing the City Manager or his designee to execute
a construction contract with A&R Demolition of Del Valle, Texas
in the amount of $140,250 for the O.N. Stevens Water
Treatment Plant Demolition of Chemical Feed System
__ _ ___ (Overhead Storage Tanks) 2008._ (Attachment # 12)__ __
13. Motion authorizing the City Manager to amend the Contracts for
Services in Lieu of Annexation between the City and Sam Kane;
Sam Kane Beef Processors, Inc.; Mary Hutchins Triestman
Limited Partnership and Sam Kane Beef Processors, Inc.; and
Abhud, LLC and Sam Kane Beef Processors, Inc., which were
authorized by the City Council on November 18, 2008, in relation
to the disannexation of the property, by extending the terms of
the contracts from five (5) to fifteen (15) years and clarifying
terms for reannexing the properties and application of City
ordinances to the properties. (Attachment # 13)
14. First Reading Ordinance -Appropriating $150,000 of anticipated
revenue from rental income at Sunrise Beach on Lake Corpus
Christi in the No. 4010 Water Fund for the operation and
maintenance of the Water Department's facility at Sunrise
Beach; amending the FY 2008-2009 Operating Budget adopted
by Ordinance No. 027776 to increase proposed expenditures
and anticipated revenues by $150,000 each. (Attachment # 14)
15. Second Reading Ordinance -Abandoning and vacating a
61,537.10-square foot portion of the undeveloped and
unsurfaced South Oso Parkway dedicated public right-of-way,
out of the Botanical Gardens Park Unit 4 Subdivision, located
north of and adjacent to the South Staples Street (Farm to
Market Highway 2444) public right-of-way; subject to owner's
compliance with the specified conditions. (First Reading -
11 /1 R/nRl l~4f~rhmcn4 f! 1 ri\
2008 324
2008 325
02'7968
Agenda
Regular Council Meeting
December 9, 2008
Page 6
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
16. Second Reading Ordinance -Abandoning and vacating a
2,701.10-square foot portion of a 10-foot wide undeveloped and
unsurfaced, dedicated public alleyright-of-way, located between
Lots 12 & 13, Block 43, Padre Island No. 2, adjacent to and
northeast of the Playa Del Rey public right-of-way; subject to
owner's compliance with the specified conditions. (First Reading
-11/18/08) (Attachment # 18)
17. Second Reading Ordinance -Authorizing the City Manager or
his designee toexecute afourteen-year-six-month marina space
rental contract with Yachting Center of Corpus Christi, LLC for
the use of fifteen (15) boat slips on Peoples Street T-Head,
Number 70 eastward terminating at the west bulkhead, for
operation of yachting center, sailing school, charter boats and
related activities, including construction of utility and boat slip
- -improvements; for monthly slip fee rental payments of $6.85 per
linear foot of dock space, subject to annual slip rate changes;
providing for publication. (First Reading 10/28/08) (Attachment
# 17)
j~~~~~(
02'7969
18. Second Reading Ordinance - Amending the "Code of
Ordinances, City of Corpus Christi, Chapter 55 to establish a fee a 2 ,~ 9 ~ O
for estimating meter reads; providing an effective date of
December 1, 2008; and providing for publication. (First Reading
-11/18/08) (Attachment # 18)
19. Second Reading Ordinance - Amending the Code of
Ordinances, City of Corpus Christi, Chapter 10, Beachfront ~~1~ t~~~
Management and Construction, to restrict vehicular traffic on the
Gulf Beach seaward of portions of the concrete segment of the
Padre Island seawall and establishing a pedestrian safe area
when the distance between the toe of the seawall to the water is
less than 150 feet in width, and allowing two-way vehiculartraffic
on the Gulf Beach between the northern end of the seawall and
_ Padre Belli Park; establishing a pedestrian safe area between ~ 2 ~ 9 ~ Z
the northem end of the concrete seawall and the Packery_
Channel jetty; committing the City Council to undertake efforts to
restore and maintain the beach in front of the seawall to a
minimum width of 200 feet; adding an appendix to the City of
Corpus Christi, Texas, ~ dune protection and beach access
regulations to show the approximate location of bollards to be
installed on the beach; providing for publication; and providing a
riclavnri cffnrtivc riatn /Firct Roarlinn 11/1R/nAl /Attarhment# 191
Agenda
Regular Council Meeting
December 9, 2008
Page 7
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
J. PUBLIC HEARINGS:
DOWNTOWN TAX INCREMENT FINANCING DISTRICT (TIF-:
20.a. Presentation on Downtown Vision Plan. (Attachment # 20)
20.b. Public hearing and First Reading Ordinance to consider
designating a certain area within the jurisdiction of the City of
Corpus Christi as a Tax Increment Financing (T-F) District to be
known as "Reinvestment Zone Number Three, City of Corpus
Christi, Texas", establishing a Board of Directors for the
Reinvestment Zone, and other matters relating thereto.
(Attachment # 20)
STREET CLOSURES:
21.a. Public hearing and First Reading Ordinance to consider
abandoning and vacating a 52,488.43-square foot portion of the
Carmel Parkway public right-of-way, located between the South
Staples Street and Gollihar Road street rights-of-way; subject to
compliance with the specified conditions. (Attachment # 21)
21.b. Public hearing and First Reading Ordinance to consider
abandoning and vacating a 5,040.17-square foot portion of
dedicated public right-of-way, located just west of the South
Staples Street public right-of-way, and north of the Carmel
Parkway public right-of-way; subject to compliance with the
specified conditions. (Attachment # 21)
CAPITAL BUDGET:
IROWNI
22. Public hearing and First Reading Ordinance approving the FY
2009 Capital Budget and Capital Improvement Planning Guide in
the amount of $161,285,700. (Attachment # 22)
Agenda
Regular Council Meeting
December 9, 2008
Page 8
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
K.
REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
23. First Reading Ordinance -Amending the Code of Ordinances,
Chapter 23, Health and Sanitation, Section 23-76, Smoking
Prohibitions, to repeal the existing provisions of the section and
enact new provisions regarding smoking; providing for penalties.
(To be considered at approximately 3:00 p.m.) (Attachment
# 23)
24. Resolution approving a Business Incentive Agreement between
the Corpus Christi Business and Job Development Corporation
and Bayshore Technology Holdings, LLC, which authorizes
grants up to $1,711,000 for the creation of full time jobs in
Corpus Christi related to the development and marketing of
thermal and non-thermal plasma medical and sterilization
devices and gas to liquid and coal to gas technologies;
authorizing the City Manager, or designee, to execute a
Business Incentive Project Support Agreement with the Corpus
Christi Business and Job Development Corporation regarding
implementation and administration of the Bayshore Technology
Holdings, LLC, Business Incentive Agreement. (Attachment
# 24)
25. First Reading Ordinance -Granting to AEP Texas Central
Company, Its Successors and Assigns, a non-exclusive
franchise to construct, maintain and operate lines and
appurtenances and appliances for conducting electricity in, over,
under and through the streets, avenues, alleys and publicrights-
of-way of the City of Corpus Christi, Texas. (Attachment # 25)
26. First Reading Ordinance -Amending the Code of Ordinances,
Chapter 6, Animal Care and Control, Section 6-13, to establish a
new provision regarding denial of registration; amending Section
6-14 to establish a new provision regarding a reapplication
period; amending Section 6-76, revising provisions related to
administrative hearings; providing for an effective date; providing
for penalties. (Attachment # 26)
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0279'72
~~,an
Agenda
Regular Council Meeting
December 9, 2008
Page 9
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
L. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
27. Update on Northside Redevelopment Study Area Phase II -
Summary ofthe Planning Phase and Redevelopment Concepts
(Attachment # 27) r
CO nFade.ro.x~~oh
28. Presentation by the Gulf Coast IndianFeda~eiiefr regarding the
proposed commission of aNative-American bronze statue for
Hans and Pat Suter Wildlife Refuge (Attachment # 28)
M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS ~,~'(?O
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT j ~' ; U
APPROXIMATELY 12:00 P.M. OR AT THE END OF THE
___...___ COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE _ _ _ ___ _
LIMIT PRESENTATIONS TO THREE MINUTES. IFYOUPLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
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 at the podium and state your name and address. If you have a petition
or other information pertaining to your subject please present ft to the City
Secretary.)
1. MAKE A STATEMENT OF FACTUAL INFORMATION.
2. RECITE AN EXISTING POLICY IN RESPONSETOTHE
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,
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
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
ONLY AUTHORIZES THEM TO DO THE FOLLOWING:
Agenda
Regular Council Meeting
December 9, 2008
Page 10
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
N. EXECUTIVE SESSION: ~ ~ ~ n ~ ~~ ~ 5
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.
29. Executive session pursuant to Texas Government Code, Section
551.074 to deliberate the employment and duties of the City
Manager with possible discussion and action related thereto in
__
open session.
30. Executive session under Texas Government Code Section
551.087 to deliberate the offer of financial or other incentive to a
business prospect to locate, stay, or expand in or near the City
of Corpus Christi, with possible discussion and action in open
session. (To be considered at approximately 1:00 p.m.)
O. ADJOURNMENT: °%', p ~
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front
entrance to City Hall, 1201 Leopard Street, at off; 3t0 p.m., on December 3,
2008.
Armando Chapa
City Secretary
NOTE: The City Council Agenda can be found on the City's Home
Page at www.cctexas.com on the Thursday before
regularly scheduled council meetings. If technical
problems .occur, the agenda will be uploaded on the
Internet by Friday before 5:00 p.m.
Symbols used to highlight action items that implement
City Council Goals 2007-2009
Develop Street Plan
-r""~-i. TexasA&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
I ; ~~) Downtown Plan
I-.---_
Charter Review
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