HomeMy WebLinkAboutReference Agenda City Council - 03/24/200911:45 A.M. - Proclamation declaring Saturday, March 28, 2009 as "Cesar Chavez Day'
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AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL -COUNCIL CHAMBERS
1201 LEOPARD ST.
CORPUS CHRISTI, TEXAS 78401
MARCH 24, 2009)
10:00 A.M. V
PUBLIC NOTICE -THE USE OF CELL ULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL 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 of 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 tree que su ingles es limitado, habra un interprete ingles-espanol en fodas 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 Scott Downey, Bay Area Fellowship.
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 Larry Elizondo, Sr.
Council Members:
Melody Cooper
Mike Hummell
Bill Kelly
Priscilla Leal
Michael McCutchon
John Marez
Nelda Martinez
E. MINUTES:
City Manager Angel R. Escobar
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Annrnval of Rannlar ~Aca4inn of March 1 n Anna (A44achmcn4 if 11
Agenda
Regular Council Meeting
March 24, 2009
Page 2
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
F. BOARDS & COMMITTEE APPOINTMENTS: (NONE)
G. EXPLANATION OF COUNCIL ACTION:
Foradministrative convenience, certain of the agenda items are listed
as motions, resolutions, orordinances. Ifdeemed appropriate, the City
Council will use a different method of adoption from the one listed; may
frnally pass an ordinance by adopting it as an emergency measure
rather fhan a two reading ordinance; or may modify fhe 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 forreconsiderationsnd action on any
reconsidered item.
H. CITY MANAGER'S REPORT: (NONE)
1. CONSENT AGENDA
Notice to the Public
I~:oS- 11~~3
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 at a previous meeting. All items will be acted upon byone
vote without being discussed separately unless requested by a Council
Member or a cifizen, 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.
(At this point the Council will vote on all motions, resolutions and ordinances
not removed for individual consideration)
2. Motion approving the lease purchase of sixteen (16) heavy
trucks with the following companies for the following amounts in
accordance with Bid Invitation No. BI-0108-09, based on low bid
and low bid meeting specifications for a total amount of
$1,300,112, of which $23,943.54 is budgeted in FY 2008-2009.
The vehicles will be used by the Solid Waste, Street and Water
Departments. All units are replacements to the fleet. Financing
for the heavy trucks will be provided through the City's
lease/purchase financing program. (Requires 2/3 Vote)
(Attachment # 2)
a.t~
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March 24, 2009
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PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Grande Truck Center San Tex Truck Center
San Antonio. Texas San Antonio. Texas
Line Items: 1, 2, 3, 4, Line Item: 8
5, 6 & 7 $284,615
$1,015,499
Grand Total: $1,300,112
3. Ordinance appropriating $31,605.15 from the State of Texas in
the No. 1061 Police Grants Fund -Law Enforcement Officer
Standards and Education forthe training of police personnel and
purchase of training equipment. (Requires 2/3 Vote)
(Attachment # 3)
4. Motion authorizing the City Manager or his designee to execute
Change Order No. 16 to the construction contract with Haas-
Anderson Construction, Ltd. Of Corpus Christi, Texas, in the
amount of $121,157.05 for a revised contract amount of
$9,176,918.22 for Neighborhood Streets Clusters 1, 2, 3, 5 and
7 for additional material quantities required to close out the
project. (Requires 2/3 Vote) (Attachment # 4)
5. Motion authorizing the City Manager or his designee to execute
a Contract for Professional Services with Freese and Nichols,
Inc. of Corpus Christi, Texas in the amount of $999,871 for
Yorktown Boulevard -Staples to Cimarron for design, bid and
construction phase services. (Bond Issue 2008) (Requires 2/3
Vote) (Attachment # 5)
6. Motion approving the application from MMD Communication to
temporarily close the following street sections, the Peoples
Street T-Head and the entire Peoples Street T-Head water area
as outlined below forthe Texas International Boat Show eventto
be held Thursday, April 23, 2009 through Sunday, April 26,
2009. (Attachment # 6)
A. The temporary street closures of northbound lanes of
Shoreline Boulevard, including the medians, from the
north curb line of Schatzel Street to the south right-of-way
of Taylor Street, in order to facilitate the set up and tear
down of Texas International Boat Show beginning at 6:00
a.m. on Saturday, April 18, 2009 until 6:00 p.m. on
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028095
2009 065
~oos
2009 067
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March 24, 2009
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PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
B. This includes the entire Peoples Street T Head Water
Area encompassing Docks E, F, G, and H in the Marina,
including boat slips and other amenities. The Water
Premises include the northwest point of the Breakwater
starting from the Peoples Street T-head following west to
an equal point on the seawall in line with Taylor Street
and a point South on the Peoples Street T-head South of
Dock E to a point on the Seawall in line with Schatzel
Street. The Peoples Street T-Head water access area
closure is from April 18, 2009 at 6:00 a.m. through April
27, 2009 at 6:00 p.m.
7. Motion approving the application from the Buccaneer
Commission to temporarily close the following street sections for
the 8~' Annual "Buc Days BBQ Challenge" and the annual
"Buccaneer Days Carnival and Rodeo Festival" to begin on
Thursday, April 23, 2009 through Sunday, May 3, 2009.
(Attachment # 7)
A. The temporary half street closure of Water Street
between the intersection of Water Street and Palo Alto
Street and approximately 230 feet north of Palo Alto
Street and the temporary street closure of Water Street
beginning 60 feet south of Fitzgerald Street to the
intersection of Water Street and Resaca Street; beginning
at 8:00 a.m. Friday, April 17, 2009 through 5:00 p.m.
Wednesday, May 6, 2009.
B. The temporary street closure of Fitzgerald Street between
the intersection of Fitzgerald Street and Southbound
Shoreline Boulevard and the intersection of Chaparral
Street, beginning at 8:00 a.m. Friday, April 17, 2009
through 5:00 p.m. Wednesday, May 6, 2009.
C. The temporary street closure of Resaca Street between
the intersection of Resaca Street and Southbound
Shoreline Boulevard and the intersection of Resaca
Street and Chaparral Street, beginning at 8:00 a.m.
Friday, April 17, 2009 through 5:00 p.m. Wednesday,
May 6, 2009.
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(Refer to legend at the end of the
agenda summary)
D. The temporary street closures of northbound and
southbound Shoreline Boulevard and the Barge Dock,
between the intersection of Resaca Street and the Art
Museum of South Texas, beginning at 8:00 a.m. Friday,
April 17, 2009 through 5:00 p.m. Wednesday, May 6,
2009.
E. The temporary street closure of Palo Alto Street between
the intersection of Palo Alto Street and Water Street and
the intersection of Palo Alto Street and Southbound
Shoreline, beginning at 8:00 a.m. Friday, April 17, 2009
through 5:00 p.m. Wednesday, May 6, 2009.
F. In cooperation with the Texas Department of
Transportation, North Broadway Street, including under
US 181 Harbor Bridge, between the intersection of North
Broadway Street and Fitzgerald Street and the
intersection of North Broadway Street and Brewster
Street will require temporary closure for staging of
professional rodeo cowboys truck/trailers beginning at
8:00 a.m. Friday, April 17, 2009 through 9:00 p.m.
Monday, April 27, 2009.
G. Temporary street closure of the north portion of Fitzgerald
Street between the intersection of Fitzgerald Street and
North Broadway Street and the intersection of Fitzgerald
Street and Mesquite Street, for staging of professional
rodeo cowboys truck/trailers beginning at 8:00 a.m.
Friday, April 17, 2009 through 9:00 p.m. Monday, April
27, 2009.
8. Resolution supporting Legislative efforts of the Texas Municipal
Retirement System (TMRS) to make the TMRS system more
financially stable. (Attachment # 8)
Ordinance amending the Code of Ordinances, City of Corpus
Christi, Chapter 17, regarding lowering utility payment electronic
payment processing fees; providing for an effective date of April
1, 2009; and providing for publication. (Attachment # 9)
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March 24, 2009
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CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
10. Second Reading Ordinance -Revising Section 33-75(c), Code of
Ordinances, City of Corpus Christi, to prohibit waterfowl hunting
within 1,000 feet of Laguna Shores Shoreline; providing for
penalties; and providing for publication. (First Reading 03/10/09)
(Attachment # 10)
J. PUBLIC HEARINGS:
ZONING CASES: Z ' ~~ ~-Z~ (~ ~yY..-
11. Case No. 0109-06. Charles K. Miller, Jr.: A change of zoning
from an "I-2" Light Industrial District to an "I-3" Heavy Industrial
District for an above ground fuel storage tank with a 15,000
gallon capacity on property described as 1,750 square feet out
of Roblex Industrial Area, Block 6, Lot 16, located on the east
side of Flato Road approximately 0.17 miles north at Bear Lane.
(Requires 213 Vote) (Attachment # 11)
Plannino Commission and Staffs Recommendation: Denial of
an "I-3" Heavy Industrial District, and in lieu thereof, approval of
an "I-2/SP" Light Industrial District with a Special Permit to allow
one (1) UL2085 above ground fuel storage tank not to exceed
15,000 gallons, subject to a site plan and four (4) conditions.
ORDINANCE
Amending the Zoning Ordinance, upon application by Charles K.
Miller, Jr., by changing the Zoning Map in reference to 1,750
square feet out of Roblex Industrial Area, Block 6, Lot 16, from
"I-2" Light Industrial District to "I-2/SP" Light Industrial District
with a Special Permit to allow one (1) UL2085 above ground fuel
storage tank not to exceed 15,000 gallons, subject to a Site Plan
and four (4) conditions; amending the Comprehensive Plan to
account for any deviations from the existing Comprehensive
Plan; providing a repealer clause; providing a penalty; providing
for publication.
12. Case No. 0209-01. Citv of Corpus Christi /Thomas Gaddis,
propertv owner: A change of zoning from a "A-2" Apartment
House District from an "HC-III" Historic Cultural-Landmark III
District to an "A-2" Apartment House District to remove the
historical designation on property described as Jones
o~sass
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Agenda
Regular Council Meeting
March 24, 2009
Page 7
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Subdivision, Block 3, Lot 10 and adjacent alley, located at 1613
Mestina Street east of the Crosstown Expressway and west of
Mexico Street. (Requires 2/3 Vote) (Attachment # 12}
Landmark Commission. Planning Commission and Staffs
Recommendation: Approval of rescinding the "HC-III" Historic
Cultural Designation.
ORDINANCE
Amending the Zoning Ordinance, upon application by the City of
Corpus Christi Landmark Commission, on behalf of Thomas
Gaddis, by changing the Zoning Map in reference to Jones
Subdivision, Block 3, Lot 10 and adjacent alley, from "A-2/HC-III"
Apartment House District with aHistorical-Cultural Landmark III
District Designation to an "A-2" Apartment House District;
amending the Comprehensive Plan to account foranydeviations
from the existing Comprehensive Plan; providing a repealer
clause; providing a penalty; and providing for publication.
ZONING TEXT AMENDMENT:
13. Public hearing an
amending Sect' s
Corpus Chri onir
authorize o certify
for
First Re ng Ordinance to consid r
?7B-5, 8-11(A)(11), nd 27B-1 ),
Or ' ance, relatin the profe lonals
dscape Plans s part oft Building
rocess; provi ng for pe Ities; and
In. (WITHDRAWN)
K. REGULAR AGENDA
2'•0 5- 2:0-1
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
14. Motion authorizing the appointment of M. E. Allison as Financial
Advisor; Wells Fargo Brokerage Services as Senior Manager;
Cabrera Capital Markets, Inc., First Southwest Company, JP
Morgan Securities, Inc., Ramirez & Co., Inc., SAMCO Capital
Markets, Inc. as Co-Managers; and Fulbright & Jaworski as
Bond Counsel for the City of Corpus Christi, Texas General
Obligation Improvement Bonds, Series 2009. (Requires 2/3
Vote) (Attachment # 14)
028101
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Agenda
Regular Council Meeting
March 24, 2009
Page 8
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.
15. BoldFuture for the Coastal Bend Vision Summit Results
(Attachment # 15) I I : 3 3 - ~ ~ : ~j ~
16. Development Services Process Improvements Update
(Attachment # 16) Z; ~ ~ - `3',~,
17. Charter Review Ad Hoc Committee Final Report (To Be
Considered at Approximately 1:00 P.M.) (Attachment # 17)
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. IF YOUPLAN
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 it to the City
Secretary.)
PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT
ONLY AUTHORIZES THEM TO DO THE FOLLOWING:
1. MAKE A STATEMENT OF FACTUAL INFORMATION.
2. RECITE AN EXISTING POLICY IN RESPONSE TOTHE
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 IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
Agenda
Regular Council Meeting
March 24, 2009
Page 9
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
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 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.
18. Executive session under Texas Government Code Section
551.071 regarding Cause No. 08-344, Curtis Townsend vs. City
of Corpus Christi et al; with possible discussion and action in
open session.
O. LEGISLATIVE UPDATE: (NONE)
Consideration of resolutions and actions deemed appropriate by the
City Council as to legislative issues before the 81sr Texas Legislature.
P. ADJOURNMENT: 'I)• U~
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 March 18,
2009.
:=~_-r~~
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.
Cse-~ ~.
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Symbols used to highlight action items that implement
council goals are on attached sheet.
SUPPLEMENTAL AGENDA
REGULAR COUNCIL MEETING
CITY OF CORPUS CHRISTI, TEXAS
CITY HALL -COUNCIL CHAMBERS
1201 LEOPARD ST.
MARCH 24, 2009
10:00 A.M.
PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act of
the following addition to the agenda of the City Council to be considered at the
above meeting:
N. EXECUTIVE SESSION
19. Executive session under Section 551.072 and Section 551.087 of the Texas C~-e r Vl4T' "'~`
Government Code for deliberations regarding the lease of real property and IZVI.~~~
for deliberations regarding the offer of a financial or other incentive to a G
business prospect relating to Memorial Coliseum with possible discussion ~0..0~
and action related in open session.
POSTING STATEMENT:
This supplemental agenda was posted on the City's,pfficial bulletin board at the
front entrance to City Hall, 1201 Leopard Street, at ~`i"•'~/~5p.m., March 18, 2009.
Armando Chapa ~'
City Secretary
SUPPLEMENTAL AGENDA
REGULAR COUNCIL MEETING
CITY OF CORPUS CHRISTI, TEXAS
CITY HALL -COUNCIL CHAMBERS
1201 LEOPARD ST.
MARCH 24, 2009
10:00 A.M.
PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act of the
following addition to the agenda of the City Council to be considered at the above meeting:
CONSENT AGENDA
10.1. Motion authorizing the City Manager or his designee to execute a Contract for
Professional Services with RVE, Inc., of Corpus Christi, Texas in the amount of
$653,945, for Mansheim and Helen from Gabriel to Kostoryz, Sunnybrook to
Gollihar, and Johnston Drive from McArdle to Sunnybrook for design, bid and
construction phase services. (BOND ISSUE 2008) (Requires 2/3 Vote) 2 O 0 9
10.2. Motion authorizing the City Manager or his designee to execute an environmental
consulting services contract with the Coastal Bend Bays & Estuaries Program, Inc.,
of Corpus Christi, Texas in an amount of $324,720 for the Nueces River Basin
Feasibility Study (Nueces Delta Ecological Field Research and Nueces Delta
Hydrodynamic Transport Analysis and Modeling) including: (Requires 213 Vote)
^ Vegetation distribution 2 0 0 9
^ Pore-water salinity and nutrient inputs
^ Seasonal and geographical photosynthesis variation
^ Data collation, collection and analysis
^ Computational model development of water levels, salt and temperature
variation
10.3. Resolution authorizing the Mayorto execute an Interlocal Cooperation Agreement
with Nueces County, San Patricio County, and the City of Ingleside forthe creation
of an independent Defense Base Development Authority as the successor forth
Ingleside Local Redevelopment Authority. (Requires 213 Vote) ~ ~ ~ ~ ~ 9
POSTING STATEMENT:
This supplemental agenda was posted on the Ci 's official letin board at the front
entrance to City Hall, 1201 Leopard Street, at ' :t a.m.~.jm~. March 20, 2009.
Armando Chapa
City Secretary
069
070
19. Motion directing staff to continue negotiations with Leisure Horizons and report back to the
City Council next week, March 315'. 2 0 0 9 0 7 3
18. Motion authorizing the City Manager to employ the law firms of Hermansen, McKibben,
Woolsey& Villarreal, L.L.P., and Canales & Simonson, P.C., to provide legal representation
in Cause No. 08-344, Curtis Townsend vs. City of Corpus Christi, et al, at an hourly rate not
exceeding $200 subject to certification of funds.
2009 072
City Council Goals 2007-2009
~~ ~~
~~~~
--
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IRIIWNI
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
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