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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) ~ ~~ ~ 5 _ •,n, >+t~ > h`~r,56~ ~`+t ~b~ 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: Iii (~) I')I~ (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) ~)~~~~~ 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 HOME CDBG k G t Bl 20 Q $ ran ( ), oc for the Community Development 3 21 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 ~ ~ ~ ~ ~ y ~ '~ 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) ~', c~ 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 0 -~'~ - z 3 y ~ N ~ ~ ~ N ~ g C1 n n S O 7 ~ r W - oo T <D - ~ x C ~ O_ - r m N O O N ~ ~ C7 p O ' x ~ Ct ~ N ~ - _ ~ ~ n O c ~ o~ cni m v~ z D VT . ~s-- ~- .~ 0 ~ ~ « ~ ~ ~ ~ ~ -, ~ ~ , _ ~ ~ V v 3 cc N 0 0 00 mn_ c~ ~o ~m nn 00 c~ z~ nc ~N 3n m= m~ ~~ z~ c~ w 0 z ~- ~ ~ oo ~ r ~ x ~ ~ n (7 flt ~ C ~ N O O ~ Ot ~ N - N f1 S ~_ O ~ ~ 7 N =='=~ -= ` f4' \ ~ \ ~ \ ~ \ --~ s ~- J ~, -~- Q. -F- ~ ~ ~ ~ ~ ~ ~ a ~ ~. ~ ~ ~ ~1 -~-- ~- ~ ~ ~ ~ ~ ~ ~ s ~ ~ ' ~ +- - r Q- ~ ~ ~ ~ ~ ~ } ~ v c~ c~ co N O O ao ~~ 00 c~ z~ ~N ~ ~ m= ~~ z =~