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HomeMy WebLinkAboutReference Agenda City Council - 11/10/200911:45 A.M. - ~ clamation declaring Tuesday, November 10, 2009 as "Lynda Jones Day" clamation declaring Saturday, November 14, 2009 as "Corpus Christi Recycles Day" proclamation declaring the week of November 10-17, 2009 as "United States Marine Corps Week" ~oclamation declaring the month of November 2009 as "National Home Care Month" certificate of Commendation to Clark Waters -Gabe Lozano Certified Golf Course Superintendent C6nvention & Visitor's Bureau (CVB} Presentation of Brad Lomax "Spirit of Hospitality Award" to Mr. VPeter Bryant AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 NOVEMBER 10,-2009 12:00P.M. lhr(j~ PUBLIC NOTICE -THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROH-B/TED 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 4:00 p.m., or 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 if to the City Secretary. Si Unied desea dirigirse al Concilio y cree que su ing/es es limitado, habr~ un interprete ingl~s-espanol en fodas las juntas del Concilio pars 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 369-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. ~. Invocation to be given by Reverend Steve Fieldcamp, First United Methodist Church. 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 Joe Adame Mayor Pro Tem Priscilla Leal Council Members: Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick John Marez Nelda Martinez Mark Scott City Manager /angel R. Escobar ~~ Interim City Attorney Lisa Aguilar~~ City Secretary Armando Chapa _~ Agenda Regular Council Meeting November 10, 2009 Page 2 E. MINUTES: CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Approval of egular Meeting of October 27, 2009. (Attachment # 1) ~ ~ ~~ F. EXECUTIVE SESSION: ~ ~ ,1 b PUBL/C NOTICE is given That the City Council may elect fo go into executive session at any time during the meeting in order to discuss any matters lisfed 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 spec~cally expects to go into executive session on the following mafters. In the event the Council elects to go into executive session regarding an agenda ifem, fhe section or sections of the Open Meetings Act authorizing fhe executive session will be publicly announced by the presiding office. 2. Executive session under Texas Government Code Section 551.071 for consultation with its attorney regarding Nueces County Water Control and Improvement District No. 4 vs. City of Corpus Christi, before the Texas Commission on Environmental Quality, TCEQ Docket No. 2008-1473-UCR, SOAR Docket No. 582-09-1170; with possible discussion and action in open session. G. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 3) 3. * Citizens Advisory Health Board * Park and Recreation Advisory Committee * Reinvestment Zone No. Two Board * Weed and Seed Steering Committee H. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are lisfed as motions, resolutions, or ordinances. If deemed appropriate, fhe 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 fwo 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 for reconsideration and action on any reconsidered ifem. Agenda Regular Council Meeting November 10, 2009 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) CONSENT AGENDA I ~1 : ~~ _': pQ Notice #o the Public (0i The following items are of a roufine 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 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 adopfed by one vote. CONSENT MOTIONS RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 4. Motion approving a service agreement with Mueller Service Co., of Plant City, Florida, for a water valve inspection, operating and repair program in accordance with Bid Invitation No. 61-00141- 09 based on best value for an estimated annual expenditure of $53,928 of which $40,446 is budgeted in FY 2009-2010. The term of the contract will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Water Department in FY 2009-2010. (Attachment # 4) 5. Motion approving the lease purchase of approximately 5,124 curbside collection containers from Schaefer Systems internationa{, of Charlotte, North Carolina for the total amount of $232,071.60. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Governments (H-GAC). The containers will be used in the City's automated collection program. Funds for the lease purchase of the curbside collection containers will be provided through the City's lease/purchase financing program. (Attachment # 5) Motion approving the lease/purchase of fifteen (15) riding mowers and purchase of two (2) riding mowers from .tohn Deere Company, of Cary, North Carolina for the total amount of $202,779.57. The award is in accordance with the State's Cooperative Purchasing Program. The equipment will be used zao9 30~. 2x09 308 2009 309 Agenda Regular Council Meeting November 10, 2009 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) by the Parks and Recreation and Wastewater Departments. All seventeen units are replacements to the fleet. Funding for the purchase of the equipment is available in the Capital Outlay Budget of the Maintenance Services Fund. Funding for the lease/purchase of the equipment will be provided through the City's lease/purchase financing program. (Attachment # 6) 7. a. Ordinance appropriating and approving the transfer of funds in the amount of $154,180 from the Unreserved Fund Balance in the No. 1020 General Fund for "one time" expenditures into the Capital Outlay Budget of the Maintenance Services Fund No. 5110 for the purchase of vehicles; changing the FY 2009-2010 Operating Budget adopted by Ordinance No. 028252 by increasing appropriations by $150,180 in the No. 1020 General Fund, and by increasing both estimated revenues and appropriations in the No. 5110 Maintenance Services Fund by $150,180 each. (Attachment # 7) 8. b. Motion approving the purchase of ten (10) 2010 Ford Fusion 4 Door Sedans from Philpott Motors Ltd., Nederland, Texas in the amount of $150,180. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). These units are replacements to the fleet and will be used by the Police Department, Uniform Division. Funding is available from the FY 2009-2010 Capital Outlay Budget in the Fleet Maintenance Fund. (Attachment # 7) a. Resolution authorizing the City Manager or his designee to accept a grant in the amount of $1,750,442.43 and to execute the 2009 Sub-Recipient Agreement and all related documents with the Texas Departmen# of Public Safety, Division of Emergency Management, FY 2009 Homeland Security Grant Program, to purchase specialized equipment and for training. (Attachment # 8} b. Ordinance appropriating $1,750,442.43 from the Texas Department of Public Safety, Division of Emergency Management FY 2009 Homeland Security Grant Program, into the No. 1062 Fire Grants Fund to purchase of specialized equipment and for training. (Attachment # 8) 2009 310 ~??83~~ ~~? Agenda Regular Council Meeting November 10, 2009 Page 5 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Resolution authorizing the City Manager or his designee to accept a $83,344 grant addendum awarded by the Area Agency on Aging of the Coastal Bend for the FY 2009 Senior Community Services, Elderly Nutrition Program. (Attachment # 9) b. Ordinance appropriating a $83,344 grant addendum from the Area Agency on Aging of the Coastal Bend in the No.1067 Parks and Recreation grants fund for the FY 2009 Senior Community Services, Elderly Nutrition Program. (Attachment # 9) c. Resolution authorizing the City Manager or his designee to accept a $7,673 grant addendum awarded by the Texas Department of Aging and Disability Services for the FY 2009 Senior Community Services, Title XX Meals on Wheels Program. (Attachment # 9) d. Ordinance appropriating a $7,673 grant addendum from the Texas Department of Aging and Disability Services in the No. 1067 Parks and Recreation grants fund for the FY 2009 Senior Community Services, Title XX Meals on Wheels Program. (Attachment # 9) 10. a. Resolution authorizing the City Manager or his designee to accept a $445 grant awarded by the Texas Department of Agriculture Texans Feeding Texans Program for the FY 2009 Senior Community Services, Elderly Nutrition Program. (Attachment # 10) b. Ordinance appropriating a $445 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2009 Senior Community Services, Elderly Nutrition Program. (Attachment # 10) c. Resolution authorizing the City Manager or his designee to accept a $500 grant awarded by the United Way Emergency Food and Shelter National Board Program for the FY 2009 Senior Community Services Program. (Attachment # 10) ~~?~~~ 0<'83g ~~'~39:~ ~~'~39~ ~;'~3~~ ~~83q~ Agenda Regular Council Meeting November 10, 2009 Page 6 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) d. Ordinance appropriating a $500 grant from the United Way Emergency Food and Shelter National Board Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2009 Senior Community Services Program. (Attachment # 10} a. Resolution authorizing the City Manager or his designee to accept a grant in the amount of $58,492 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the Loan Star Libraries Grant to be used as follows: $40,492 for books for all libraries; $1,000 for archival supplies for La Retama Central Library; and $17,000 for servers and thirteen pcs for public use. {Attachment # 11) b. Ordinance appropriating a grant in the amount of $58,492 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to be used as follows: $40,492 for books for all libraries; $1,000 for archival supplies for La Retama Central Library; and $17,000 for servers and thirteen pcs for public use. (Attachment # 11) 12. Ordinance appropriating $117,064.46 from the Municipal Court Building Security Fund designated for Municipal Court facility security to include walk-thru detector services and hand-held radios for the City Marshals; changing FY 2009-2010 Operating Budget adopted by Ordinance No. 028252 to increase appropriations by $117,064.46. (Attachment # 12) 13. Ordinance appropriating $153,762.15 from the Municipal Court Technology Fund for Municipal Court technological improvements including Server Work, Copier and PC leases, Court Software Data Base Analyst services and toners for Prosecutor's Office; changing FY 2009-2010 Operating Budget adopted by Ordinance No. 028252 to increase appropriations by $153,762.15. (Attachment # 13) 14. Ordinance appropriating $26,712.94 from the Municipal Court Judicial Improvement Fund for judicial improvements; changing FY 2009-2010 Operating Budget adopted by Ordinance No. 028252 to increase appropriations by $26,712.94. (Attachment # 14) l~w~~~~ ~?`'~39~ +~'~~~'4 ~~~~®~. ~~8~C~2 Agenda Regular Council Meeting November 10, 2009 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 15. Ordinance appropriating $179,504.60 from the Municipal Court Case Manager Fund for salaries, retirement and insurance for three (3) case managers hired to address all court ordered case management, previously working for the Juvenile Assessment Center and one (1) case manager to address Juvenile Now Adult (JNA) cases at the Municipal Court; changing FY 2009- 2010 Operating. Budget adopted by Ordinance No. 028252 to increase appropriations by $179,504.60. (Attachment # 15} 16. a. Ordinance appropriating an amount of $189,325 from the Unappropriated Fund Balance in Water Fund No. 4010 and amount of $189,325 from the Unappropriated Fund Balance in Wastewater Fund No. 4200 to procure a prefabricated modular building to replace the City Hall Annex Building; changing the FY 2009-2010 Operating Budget adopted by Ordinance No. 028252 to increase appropriations by $378,650. (Attachment # 16) b. Motion declaring an emergency and authorizing the City Manager or his designee to execute a procurement contract with Mobile Mini, Inc. of Corpus Christi, Texas in the amount of $265,894 to replace the City Hall Annex Building to preserve the property of the municipality, protect the public health or safety of the municipality's residents, and that the procurement is necessary because of damage to public property. (Attachment # 16} 17. Motion authorizing the City Manager, or his designee, to execute a letter of agreement with Nueces Electric Cooperative in Robstown, Texas, in the amount of $54,714.06 for the FM 624 Continuous Lighting Plan, from Highway 77 to approximately 1,500 feet west of County Road 73. (Attachment # 17) 18. Resolution urging adoption of Federal Legislation to extend the period of designation of Tax-Preferred Empowerment Zones, Rural Enterprise Communities, and Renewal Communities. (Attachment # 18) 19. Second Reading Ordinance - Naming the Promenade, sidewalks, and adjacent areas along Corpus Christi Beach, as the Corpus Christi Beachwalk. (First Reading - 10/27109) (Attachment # 19) l~~~~~~v l~~'~4~4 2009 31 ~ 200 312 ~~~~4~~~ 0`'~4~'~ Agenda Regular Council Meeting November 10, 2009 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) J. PUBLIC HEARINGS: ZONING CASES: 20. Case No. 0909-01. Star Concrete: A change of zoning from the "I-2" Light Industrial District to the "I-3" Heavy Industrial District resulting in a change of land use from Eight industrial use to heavy industrial use described as 1,200 square feet out of one (1) acre total, out of the Allen and Cameron Industrial Park, Lot 12 generally located north of Leopard Street, approximately 1,573 feet southeast of Southern Minerals Road. (WITHDRAWN BY APPLICANT) (Attachment # 20) K. REGULAR AGENDA i `,~o - ~ , ~-r'~ CONSIDERATION OF MOTIONS RESOLUTIONS, AND ORDINANCES: 21. First Reading Ordinance -Renaming the park located at 3221 Richmond at Up River Road & IH 37 from "Jackson Woods Park" to Matthew Thebeau Memorial Park. (Attachment # 21) 22. a. Motion authorizing the City Manager or his designee to execute a construction contract with Graham Construction Services, Inc. of Eagan, Minnesota in the amount of $50,456,230 for the New Broadway Wastewater Treatmen# Plant. (Attachment # 22) b. Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the professional engineering services contract with Carollo Engineers, P.C., of Dallas, Texas in an amount not to exceed $855,669 for additions! construction, phase, construction observation, and project management services for a restated fee not to exceed $8,221,462 for the New Broadway Wastewater Treatment Plant. (Attachment # 22) c. Motion authorizing the City Manager or his designee to execute an engineering materials inspection, testing and laboratory services contract with Rock Engineering and Testing Lab, Inc., of Corpus Christi, Texas in an amount not to exceed $299,997 for the New Broadway Wastewater Treatment Plant. (Attachmen# # 22) ~~~~ G~ ~'~~ ems" ~~ ~ f ~~~ zoos ~~ 2~Q9 314 200 315 Agenda Regular Council Meeting November 10, 2009 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary} 23. a. Motion to amend prior to second reading Sections 27D-4.3 of the Wind Energy Ordinance, by revising paragraph (C). (Attachment # 23) b. Motion to amend prior to second reading Sections 27D-7 of the Wind Energy Ordinance, by revising Subsection 27D-7.1. (Attachment # 23} c. Second Reading Ordinance -Amending the Corpus Christi Zoning Ordinance by adding new definitions in Sections 3-1, by re-designating Subsection 3-1.64.1 as Subsection 3- r ~'3.~ a r 1.64.2, by re-designating and revising Subsection 3.1.67.3 as Subsection 3.1.67.4, by revising Subsections 3-1.65.2 and 3-1.65.5, by adding a new Article 27D, and revising Section 29-3.13, relating to the use, regulations, and review standards for the installation and siting of Wind Energy Conversion Units within the City Limits; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for severance; providing for penalties; providing for publication; and providing an effective date. (First Reading -10/27/09) (Attachment # 23) 24. a. Motion authorizing the City Manager or his designee to execute a Construction Agreement with The Preserve at Mustang Island, LLC through its managing member, Forestay (USA) Real Estate Group , lnc. in the amount of $1,503,690.93 for the reconstruction and widening of Zahn Road, and associated water, wastewater, drainage, and landscaping improvements from State Highway 361, east to a point approximately 1,000 fee# landward from the Gulf beach vegetation line. (Attachment # 24) b. Ordinance appropriating $1,101,999.38 from the Developer. Participation Project in the No. 3546 Street 2009 CIP Fund to reimburse The Preserve at Mustang Island, LLC for the City's share of the reconstruction and widening of Zahn Road, and associated water, drainage, and landscaping improvements from Sta#e Highway 361, east to a point approximately 1,000 feet landward from the Gulf beach vegetation line, as specified in the Zahn Road Construction Agreement. (Attachment # 24) 200 316 zoo ~ 31 ?. ~` 078 200 318 ~~~~o~ Agenda Regular Council Meeting November 10, 2009 Page 10 CITY COUNCIL PRIORITY ISSUES {Refer to legend at the end of the agenda summary) c. Ordinance appropriating $401,691.55 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse The Preserve at Mustang island, LLC for the installation of 529 linear feet of 8-inch PVC sanitary sewer collection line and 1,537 linear feet of 10-inch PVC sanitary sewer collection line required for future development of General Land Office property under lease by~ the City, as specified in the Zahn Road Construction Agreement. (Attachment # 24) L. PRESENTATIONS: . '~ ~' ~ • t "J Public comment will not ~e solicited on Presentation items. 25. Proposed Packery Channel Tax Increment Financing (TIF) Project Improvements (Attachment # 25) 26. Health and Risk Management Claims Report - 4~' Quarter FY 2009 /General Accounting Standards Board (GASB) Update {Attachment # 26) 27. Change in Fiscal Year Update (Attachment # 27) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M. OR AT THE END OF THE COUNCIL MEETING WHICHEVER iS EARLIER. PLEASE 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. !f 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 PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY.ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. ~`. 15~' ~ ~ f 5" Agenda Regular Council Meeting November 10, 2009 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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 /S NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. CITY MANAGER'S COMMENTS: (NONE) O. ADJOURNMENT: ~ • ~ Lj~ POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at ~- ~_! p•m•, on November 5, 2009. 4 rmando 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 the Friday. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2009-2011 QOM 1~MYGG.. Economic Development Strategic Plan Coliseum Plan Development Process Improvement Support Public Safety Garwood Water Plan Develop Street Plan Community Pride Sustainability and Renewable Energy 0 ~ z ~ v ~ r oo c~ ~ :.~,. ~ ~- pp,~~ ~ A /~, ~ , V ~ ~ ~' ~ a ^, it T~Rf, ~w tl1~~~;. tll`~'~ ' ; p ~ ~ ~p ~ N N n O ~ O. 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