HomeMy WebLinkAboutReference Agenda City Council - 04/21/200911:45 A.M. - Proclamation declaring April 24, 2009 as "Arbor Day"
Proclamation declaring the week of April 19 -25, 2009 as "National Medical Laboratory Professionals Week"
Proclamation declaring the week of April 19 -25, 2009 as "National Volunteer Week"
Proclamation declaring April 23 -25, 2009 as "Fill the Boot for Muscular Dystrophy Association Days"
Proclamation declaring the week of April 26 -May 2, 2009 as "National Crime Victims' Rights Week"
Proclamation declaring the week of May 16 -22, 2009 as "National Safe Boating Week"
Presentation by Mayor Henry Garrett to Captain Randolph Pierson, USN, Commanding Officer Naval Air Station -
Corpus Christi as "Military Ambassador of the City of Corpus Christi"
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD ST.
CORPUS CHRISTI, TEXAS 78401
APRIL 21, 2009
10:00 A.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS
ARE PROHIBITED IN 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 Meeting, 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 desea dirigirse al Concilio y cree qua su inglds as limitado, habra un int6rprete ingles- espaftl 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 Dr. Sam Gutierrez, Elder, Cornerstone Church.
C. Pledge of Allegiance to the Flag of the United States. J, A 6k rte
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Henry Garrett
Mayor Pro Tern Larry Elizondo, Sr.
Council Members:
Melody Cooper
Mike Hummell
Bill Kelly
Priscilla Leal
Michael McCutchon
John Marez
Nelda Martinez
E. MINUTES: (NONE)
City Manager Angel R. Escobar
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Agenda
Regular Council Meeting
April 21, 2009
Page 2
F. BOARDS & COMMITTEE APPOINTMENTS: (NONE)
G. EXPLANATION OF COUNCIL ACTION:
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed 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 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. CITY MANAGER'S REPORT: (NONE)
CONSENTAGENDA 10',OE -(Q.4q
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 at a previous meeting. Ail 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.
(At this point the Council will vote on all motions, resolutions and ordinances
not removed for individual consideration.)
Ordinance appropriating $5,000 in the General Fund No. 1020
from a donation from the Pollution Prevention Partnership to
assist in the purchase and installation of bike racks on City
property in the Downtown and Bayfront area; changing FY
2008 -2009 Operating Budget adopted by Ordinance No. 027776
to increase estimated revenues and appropriations by $5,000
each. (Requires 2/3 Vote) (Attachment # 1)
0281.19
Agenda
Regular Council Meeting
April 21, 2009
Page 3
2.
3.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
a. Resolution authorizing City Manager or designee to execute
an Interlocal Cooperation Agreement with Nueces County,
Texas regarding park playground equipment for Corpus
Christi Beach. (Requires 2/3 Vote) (Attachment # 2)
b. Ordinance appropriating $2,500 in the General Fund No.
1020 from a donation from the Corpus Christi Beach
Association to assist in building a sidewalk to access the
playground equipment at Corpus Christi Beach Park;
changing FY 2008 -2009 Operating Budget adopted by
Ordinance 027776 to increase estimated revenues and
appropriations by $2,500 each. (Requires 2/3 Vote)
(Attachment # 2)
a. Resolution authorizing the City Manager or his designee to
execute Addendum No. 1 to the Interlocal Cooperation
Agreement with Nueces County, for City of Corpus Christi to
provide lifeguard services on Nueces County Gulf Beaches
in Newport Pass and Padre Balli Parks owned by County.
(Requires 2/3 Vote) (Attachment # 3)
b. Ordinance appropriating $19,968.00 in the General Fund No.
1020 for reimbursement from Nueces County for lifeguard
services on Nueces County Gulf Beaches; changing FY
2008 -2009 Operating Budget adopted by Ordinance No.
027776 to increase estimated revenues and appropriations
by $19,968.00 each. (Requires 2/3 Vote) (Attachment # 3)
4. Resolution ratifying the submission of a joint grant application
with Texas A &M University- Corpus Christi to the National
Oceanic and Atmospheric Administration (NOAA), Coastal and
Marine Habitat Restoration Project Grant in the amount of
$3,164,454 in the American Recovery and Reinvestment Act for
the purpose of study and removal of Sargassum on three pilot
sites within the 7.7 miles of Gulf Beach maintained by the City of
Corpus Christi, with City match of $700,133 in the Parks and
Recreation General Fund (Beach Maintenance Operations).
(Requires 213 Vote) (Attachment # 4)
028120
02181.21
0281.22
028.1.2.'3
0281.24
Agenda
Regular Council Meeting
April 21, 2009
Page 4
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
5. Motion authorizing the City Manager or his designee to execute
a Contract for Professional Services with B. Harman
Engineering, LLC of Corpus Christi, Texas in the amount of
$271,702 for the Oso Water Reclamation Plant Process
Improvements, Belt Filter Press Building Replacement Project.
(Requires 2/3 Vote) (Attachment # 5)
6. Motion authorizing the City, Manager, or his designee, to
execute a Contract for Professional Services with Goldston
Engineering, a CH2M Hill Company, of Corpus Christi, Texas in
the amount of $1,414,850, for design, bid, and construction
phase services for Kostoryz Road: (Bond 2008) (Requires 2/3
Vote) (Attachment # 6)
* Kostoryz Road, Phase 1 from Horne to Sunnybrook
* Kostoryz Road, Phase 2 from Sunnybrook to SPID
Motion authorizing the City Manager or his designee to execute
a Contract for Professional Services with Maverick Engineering,
Inc. of Corpus Christi, Texas, in the amount of $599,563 for Up
River Road — Rand Morgan to I.H. 37 (inside City limits only) for
design, bid, and construction phase services. (Bond 2008)
(Requires 2/3 Vote) (Attachment # 7)
8. Motion authorizing the City Manager or his designee to execute
Amendment No. 1 to the Contract for Professional Services with
Bath Engineering Corporation of Corpus Christi, Texas, in the
amount of $398,600 for a revised fee of $445,600 for O.N.
Stevens Process Monitoring Instrumentation and Automation
Improvements. (Requires 2/3 Vote) (Attachment # 8)
9. Motion authorizing the City Manager, or his designee, to
execute a Contract for Professional Services with Urban
Engineering of Corpus Christi, Texas in the amount of $147,620
for the Allison Wastewater Treatment Plant New Mechanical Bar
Screen Facility for the design, bid, construction, and additional
phase services. (Requires 2/3 Vote) (Attachment # 9)
10. Motion authorizing the City Manager, or his designee, to
execute a construction contract with Rabalais I & E Constructors
of Corpus Christi, Texas in the amount of $114,600 for North
Navigation Boulevard Pump Station New Motor Operated Valve
(MOV) Actuators for the Base Bid. (Requires 2/3 Vote)
(Attachment # 10)
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Agenda
Regular Council Meeting
April 21, 2009
Page 5
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
11. Motion authorizing payment of the Special Commissioners
Award in the amount of $380,000 in connection with
condemnation of Parcel 2, owned by Vickers Family Trust, for
fee simple property rights to 7.197 acres of land located along
the west side of Paul Jones Avenue, approximately one - quarter
mile southeast of South Padre Island Drive, necessary for the
South Guth Ball Field Relocation Project and for other related
public purposes. (Requires 2/3 Vote) (Attachment # 11)
12.
a. Motion authorizing the City Manager or his designee to
execute an agreement in the amount of $1,000 with the Ark
Assessment Center and Emergency Shelter for Youth for
childcare items. (Requires 2/3 Vote) (Attachment # 12)
b. Motion authorizing the City Manager or his designee to
execute an agreement in the amount of $1,000 with Big
Brothers Big Sisters of South Texas for mentoring services
for children. (Requires 213 Vote) (Attachment # 12)
c. Motion authorizing the City Manager or his designee to
execute an agreement in the amount of $1,000 with the
Coastal Bend Community Foundation for Downtown Art
Project. (Requires 2/3 Vote) (Attachment # 12)
d. Motion authorizing the City Manages or his designee to
execute an agreement in the amount of $1,000 with K Space
Contemporary for art program expenses. (Requires 2/3
Vote) (Attachment # 12)
e. Motion authorizing the City Manager or his designee to
execute an agreement in the amount of $1,000 with the
South Texas Substance Abuse Recovery Services
(STSARS) for services to homeless or at -risk homeless
individuals. (Requires 2/3 Vote) (Attachment # 12)
f. Motion authorizing the City Manager or his designee to
execute an agreement in the amount of $1,000 with
Workforce Solutions of the Coastal Bend for education and
referral services to foster care youth to enter workplace.
(Requires 2/3 Vote) (Attachment # 12)
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2009 100
2009 101
2009 102
2009
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2009
2009
103
104
105
106
13. First Reading Ordinance - Amending Article IV, Chapter 2, Code f /
of Ordinances, City of Corpus Christi, by deleting Division 12,
Small Business Advisory Committee. (Attachment # 13)
Agenda
Regular Council Meeting
April 21, 2009
Page 6
14.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
a. Second Reading Ordinance - Amending Section 53 -255 of
the Code of Ordinances to decrease the speed limit on
Ayers Street between Santa Fe Street and Ocean Drive from
30 MPH to 20 MPH, weekdays between 8:00 a.m. and 5:00
p.m.; providing for penalties; and providing for publication.
(First Reading — 4/14/09) (Attachment # 14)
b. Second Reading Ordinance - Amending Section 53 -255 of
the Code of Ordinances to decrease the speed limit on
Elizabeth Street between Santa Fe Street and Ocean Drive
from 30 MPH to 20 MPH, weekdays between 8:00 a.m. and
5:00 p.m.; providing for penalties; and providing for
publication. (First Reading — 4/14/09) (Attachment # 14)
c. Second Reading Ordinance - Amending Section 53 -255 of
the Code of Ordinances to decrease the speed limit on
Santa Fe Street between Ayers Street and Elizabeth Street
from 30 MPH to 20 MPH, weekdays between 8:00 a.m. and
5:00 p.m.; providing for penalties; and providing for
publication. (First Reading — 4/14/09) (Attachment # 14)
J. PUBLIC HEARINGS:
ZONING CASES: ?' : 3Q -oC'•� �. M
15. Case No. 0109 -05, Proportional Prosperity, LLC: A change of
zoning from a "B-4" General Business District to an 1 -2 Light
Industrial District on property described as Las Colonias
Subdivision Unit 4, Block 1, Lots 25, 26 and 27 located at the
northeast corner of Saratoga and Calle las Colonias
approximately '/z mile east of Greenwood Drive. (Requires 2/3
Vote) (Attachment # 15)
Planning Commission & Staffs Recommendation: Denial of the
"1 -2" Light Industrial District and in lieu thereof approval of a
Special Permit subject to a site plan and six conditions.
ORDINANCE
Ordinance amending the Zoning Ordinance, upon application by
Proportional Prosperity, L.L.C., by changing the Zoning Map in
reference to Las Colonias Subdivision Unit 4, Block 1, Lots 25,
26, and 27, from "B-4" General Business District to "B -4 /SP"
028125
028126
0281217
0281.23
Agenda
Regular Council Meeting
April 21, 2009
Page 7
16.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
General Business District with a Special Permit so that the
existing building, and specifically, the associated outdoor
storage use, conforms to the Zoning, subject to a Site Plan and
six (6) 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.
CONSOLIDATED ANNUAL ACTION PLAN: A. 3� —
a. Public Hearing to receive public comments regarding an
amendment of the FY2008 Consolidated Annual Action Plan
to add $1,393,181 of Emergency Shelter Grant funds for the
Homeless Prevention and Rapid Re- Housing Program and
to add $911,062 of Community Development Block Grant
funds provided from the American Recovery and
Reinvestment Act of 2009. (Attachment # 16)
b. Motion to authorize the City Manager or his designee to
amend the FY2008 Consolidated Annual Action Plan to add
$1,393,181 of Emergency Shelter Grant funds for the
Homeless Prevention and Rapid Re- Housing Program and
to add $911,062 of Community Development Block Grant
funds provided from the American Recovery and
Reinvestment Act of 2009 and to execute all related and
necessary documents. (Requires 2/3 Vote) (Attachment
# 16)
K. REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
17. Motion endor ' g the re mendatio of the er Re ' w
Ad Hoc ommlttee o be c idered approx' ately
11:00 .M.) (Alta ment # 17)
18. Resolution adopting the FY 2009 Consolidated Annual Action
Plan which includes the Community Development Block Grant
(CDBG), Emergency Shelter Grant (ESG), and the Home
Investment Partnership (HOME) programs; authorizing the City
Manager or his designee to submit the FY 2009 Consolidated
Annual Action Plan to the U.S. Department of Housing and
Urban Development; and authorizing the City Manager or his
2009 107.
0281.29
0 _:�' 0-1/K aAecf r
Agenda
Regular Council Meeting
April 21, 2009
Page 8
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
designee to make changes in the FY 2009 Consolidated Annual
Action Plan if required by the U.S. Department of Housing and
Urban Development. (Requires 213 Vote) (Attachment # 18)
L. PRESENTATIONS: �m
Public comment will not be solicited on Presentatio items.
19. Status of Storm Water Drainage Utility Rate Development
(Attachment # 19)
M.
LIMIT PRESENTATIONS 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. (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.)
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, 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.
Agenda
Regular Council Meeting
April 21, 2009
Page 9
N. EXECUTIVE SESSION:
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
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.
O. LEGISLATIVE UPDATE: (NONE)
Consideration of resolutions and actions deemed appropriate by the
City Council as to legislative issues before the 81st Texas Legislature.
P. ADJOURNMENT: -4,. J (P , R -
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front
entrance to City Hall, 1201 Leopard Street, at OD p.m., on
April 15, 2009.
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
council goals are on attached sheet.
17.a.
Motion endorsing Proposition 1. Updating the petition requirements for initiative
and referendum and recall elections to comply with State law and make them
consistent. GOO 9 1
O 8
17.b.
Motion endorsing Proposition 2. as amended increasing the compensation of city
council members to $12,500 per year and of the mayor to $18,750 per year and
allowing the Mayor and other members of the City Council or their families who
are eligible to participate in any health and dental plans offered to city employees
i
if they pay 100% of the premiums for such plans. 200.9 1
O 9
17.c.
Motion endorsing Proposition 3. as amended changing the term limits on the
Mayor and Council members allowing for an eight (8) year period between
service and disallowing a person to become eligible for election to a new term
limit after not serving one full term. 2009 1
10
17.d.
Motion endorsing Proposition 4. Adding a position of City Auditor who shall be
appointed by the City Council. 2009 1'
11
17.e.
Motion endorsing Proposition 5. Clarifying the provisions concerning leases,
franchises and use privilege agreements to include authorization to enter into
license agreements when a lease or franchise is not applicable and allow multi-
year agreements no longer than five years. 2009 1
12
SUPPLEMENTAL AGENDA
REGULAR COUNCIL MEETING
CITY OF CORPUS CHRISTI, TEXAS
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD ST.
APRIL 21, 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:
K. REGULAR AGENDA
10�g8 — W uq cu
18.1. Resolution approving the Reformed Cooperative Agreement with Nueces
County to form and operate a Public Health District; authorizing the City
Manager or his designee to execute the reformed agreement; and
authorizing the City Manager or his designee to implement all additional
measures required bythe City underthe reformed agreement. (Requires 213
Vote) p
18.2. Resolution authorizing the naming of the Packery Channel Boat amp eth
"Henry Garrett Packery Channel Boat Ramp" in honor of his contributions as
Mayor of the City in helping to promote the Packery Project and related
amenities.
POSTING STATEMENT:
This supplemental agenda was posted on the City's official bulletin board at the
_
front entrance to City Hall, 1201 Leopard Street, at p.m., April 17, 2009.
Armando Chapa
City Secretary
028130
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City Council Goals 2007 -2009
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Develop Street Plan
Texas A &M University— Corpus Christi
Expansion
Neighborhood Improvement Program
(NIP) and Model Block Expansion
Development Process Improvement
Coliseum Plan
Master Plan Updates
Improve Code Enforcement
Downtown Plan
Charter Review
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
April 21, 2009
CONSENT AGENDA:
Page i of
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
April 21, 2009
Page �- of --ol,
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