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AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL -COUNCIL CHAMBERS
1201 LEOPARD ST.
CORPUS CHRISTI, TEXAS 78401
DECEMBER 8, 2009
12:00 P.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 4:00 p.m., or the
end of the Council Meeting, whichever is earlier. Please speak info 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 que su ingles es limitado, habra un interprete ingles-espanol en todas 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 fo
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 Joe Aflame to call the meeting to order. f.2: ~~ ~ lVl,
B. ` invocation to be given by Ms. Jeanne Gardiner, Unity by the Sea 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 Aflame
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
December S, 2009
Page 2
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
E. MINUTES:
1.
F
Approval of Council Workshop and Regul r Meeting of
November 17, 2009. (Attachment # 1) .K ~~~
EXECUTIVE SESSION: ~ 2.d~~- ~~.r~ O ~/~.
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 Acf authorizing the
executive session will be publicly announced by the presiding office.
2. Executive session pursuant to Texas Government Code,
Section 551.074 Personnel Matters for deliberations on former
Municipal Juvenile Court Judge regarding appointment,
employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer or employee or to hear a complaint
or charge against an officer or employee.
3. Executive Session under Section 551.072 of the Texas
Government Code regarding Landry's Seafood & Steakhouse
Corpus Christi, Inc. lease of real property in the Corpus Christi
Marina, with possible discussion and action in open session.
G. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 4) (~,
4. Arts and Cultural Commission
Corpus Christi Aquifer Storage and Recovery
Conservation District
Library Board
North Padre Island Development Corporation
Port of Corpus Christi Authority of Nueces County, Texas
H. EXPLANATION OF COUNCIL ACTION:
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
Agenda
Regular Council Meeting
December 8, 2009
Page 3
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
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 item.
CONSENT AGENDA ~ ~ ®R pM• i (~ ~-~
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. 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 adopted 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.)
5. Ordinance authorizing the City Manager, or his designee, to
execute afive-year lease agreement with Landry's Seafood &
Steak House -Corpus Christi, Inc. (Landry's), to operate a
restaurant barge at the Peoples Street T-Head, including
adjacent space for boardwalk, with .monthly lease payments of
$6,000 from January 1, 2010 through December 31, 2011,
$6,300 from January 1, 2012 through December 31, 2013,
$6,657 from January 1, 2014 through December 31, 2014, or
2.75% of monthly gross sales, whichever is greater.
(Attachment # 5)
6. Motion approving the lease purchase of three (3) brush trucks
from Siddons Fire Apparatus, Inc. of Manor, Texas in the
amount of $239,830. The award is based on the cooperative
purchasing agreement with the Texas Local Government
Purchasing Cooperative (TLGPC). These units are new to the
fleet and will be used by the Fire Department. Funding for the
lease purchase of equipment will be provided through the City's
lease purchase financing program. (Attachment # 6)
~i~~t~26
2009 333
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Regular Council Meeting
December 8, 2009
Page 4
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PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
7. Motion approving the lease of a 90 hp tractor with Fuller Tractor
Company of Beeville, Texas for the total amount of $52,522.56,
of which $10,212.72 is required in FY 2009-2010. The award is
in accordance with Request for Proposal No. BI-0036-10 and is
based on best value. The term of the lease is for thirty-six
months. The tractor will be used by the Park and Recreation
Department. Funds have been budgeted by Park and
Recreation in FY 2009-2010. (Attachment # 7)
8.
a. Motion authorizing the City Manager or his designee to
accept grant funding in the amount of $14,999.80 from the
Texas Department of Transportation for an Impaired Driving
Mobilization Selective Traffic Enforcement Project (STEP)
grant for DWI enforcement overtime within the Police
Department with a City match of $6,693.25 and to execute
all related documents. (Attachment # 8)
b. Ordinance appropriating $14,999.80 from the Texas
Department of Transportation for funding of an Impaired
Driving Mobilization Selective Traffic Enforcement Project
(STEP) grant for DWI enforcement overtime within the Police
Department in No. 1061 Police Grants Fund. (Attachment
# 8)
9. Ordinance appropriating $639,409 from the estimated program
income revenue in the No. 1066 Health Grants Fund as State
Fiscal Year 2009-2010 program income to fund laboratory and
public health services for the period of September 1, 2009,
through August 31, 2010. (Attachment # 9)
10. Ordinance appropriating $1,232.32 from a grant provided by
Time Warner's cable franchise from the general fund reserve for
commitment of public access equipment; changing the FY 2009-
2010 operating budget adopted by Ordinance No. 028252 to
increase appropriations by $1,232.32. (Attachment # 10)
11. Motion approving the allocation of $58,615.08 from the Hotel
Occupancy Tax Fund and $32,884.92 from the General Fund to
fund grant contracts with sixteen (16) arts and cultural
organizations fora total of twenty-two (22) arts projects.
Funding was authorized in the FY 2009-2010 budget.
(Attachment # 11)
2009 334
200 335..
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2009 336
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Regular Council Meeting
December 8, 2009
Page 5
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PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
12. Resolution amending City Council policies adopted by
Resolution No. 021901 regarding naming of City Facilities, to
prohibit the renaming of a facility already named in honor of a
person, group, or event. (Attachment # 12)
13
a. Resolution approving the actions of the Board of Directors of
the Corpus Christi Business and Job Development
Corporation that established the Arena Maintenance and
Repair Reserve Account in the Fund No. 1130 "Arena
Facility Fund," transferred $150,000 from the Arena
unreserved fund balance in the Fund No. 1130 "Arena
Facility Fund" to the Arena Maintenance and Repair Reserve
Account, and authorized the Corporation's Executive
Director to expend funds for repairs and emergency
expenditures from the Arena Maintenance and Repair
Reserve Account without the approval of the Board of
Directors under the same policies and practices as the City
Manager is authorized to expend money on behalf of the
City of Corpus Christi without approval by the City Council.
(Attachment # 13)
b. Ordinance appropriating $150,000 from the Arena
unreserved fund balance in the Fund No. 1130 "Arena
Facility Fund" to establish the Arena Maintenance and
Repair Reserve Account; changing the FY 2009-2010
Operating Budget adopted by Ordinance No. 028252 by
increasing proposed expenditures by $150,000. (Attachment
# 13)
14. Motion authorizing the City Manager or his designee to execute
all documents necessary to execute an Administrative Services
Agreement with the International City/County Management
Association Retirement Corporation (ICMA-RC), a Delaware
nonprofit corporation headquartered in Washington, D.C., based
in ICMA-RC's proposal submitted in response to the City's RFP
# BI-0200-09 for Employee 457(b) Deferred Compensation Plan
Administration and Investment Services, for afive-year term
with the option to renew, subject to approval of ICMA-RC and
the City Manager or designee, for up to five additional one-year
periods. There are no City funds involved in the service
agreement, as the plan is for voluntary employee contributions
only. (Attachment # 14)
028430
02843
02843~-
2009 337,
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Regular Council Meeting
December 8, 2009
Page 6
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PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
15. Motion authorizing the City Manager or his designee to execute
an Interlocal Cooperation Agreement to accept, process, and
dispose of solid waste delivered by Aransas County at the City's
Cefe Valenzuela Municipal Landfill for a period of one year,
renewable annually until 2029. (Attachment # 15)
16. 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 $470,000 for the Oso
Water Reclamation Plant Aerobic Digester No. 2 Improvements.
(Attachment # 16)
17. Motion authorizing the City Manager, or his designee, to.
execute Amendment No. 24 to the Engineering Services
Contract with Pierce, Goodwin, Alexander and Linville, Inc.,
(PGAL) of Dallas, Texas, in an amount not to exceed
$100,023.50, for a restated not to exceed total fee of
$3,410,771.10 for additional construction management and
inspection services, which were requested by the Federal
Aviation Administration (FAA), for the Corpus Christi
International Airport Airfield Equipment and Maintenance
Facility, Air Rescue Fire Fighting Building Improvements,
Terminal Re-Roofing (Old Wing) 2008, Toll Plaza Foundation
Repairs, and Terminal Building Addition of Chiller No. 3.
(Attachment # 17)
18. Resolution determining a public necessity to acquire a Drainage
Easement and a Temporary Construction Easement known as
Parcels 25 and 25-TCE for the North Port Avenue - IH 37 to US
181 street project (BOND ISSUE 2004), a Street and Storm
Water drainage project, for the public purpose, use, and
construction of storm water drainage improvements and for
other related drainage purposes; and authorizing the City
Manager and the City Attorney to acquire the subject parcels by
means of negotiations or by exercise of the City's power of
eminent domain. (Attachment # 18)
19. First Reading Ordinance -Authorizing the City Manager, or his
designee, to execute atwenty-year lease agreement with the
Corpus Christi Police Officers' Association, a not for profit
corporation, for use of City property located at 908 Park
Avenue, Corpus Christi, Texas, to operate a youth athletic
boxing program, in consideration of monthly rental payments of
fifty dollars ($50.00); and providing for publication. (Attachment
# 19)
2009 338
2009 339
2009 340
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Agenda
Regular Council Meeting
December 8, 2009
Page 7
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
20. First Reading Ordinance -Amending the Code of Ordinances,
City of Corpus Christi, Chapter 55 Regarding Public Access
Rules and Procedures, to renumber subsections; revising and
updating Subsection 1 Rules for Participation, Subsection 2
Technical Standards and Production Requirements, Subsection
3 How Programs are Scheduled and Cablecast, Subsection 4
Defined Terms, Subsection 5 Amendments to Rules,
Subsection 6 Violations of Rules, providing for publication; and
providing an effective date of February 1, 2010. (Attachment
# 20)
21. Second Reading Ordinance -Changing the date of the City of
Corpus Christi City Council Elections for 2011 and subsequent
years from the first Saturday in April to the May Uniform Election
Date, which is the second Saturday in May, and adjusting the
City Council terms of office to conform to the new election date.
(First Reading - 11 /17/09) (Attachment # 21)
J. PUBLIC HEARINGS: t ; ~' ( PM-~ ;~~ {~/l~t•
PLATTING ORDINANCE EXEMPTIONS:
22. Public Hearing to consider and Ordinance exempting Nueces
River Irrigation Park, Block 2, Lot 3B subdivision from the
payment of wastewater lot or acreage fees under Section
V.B.6.1) of the Platting Ordinance; requiring the owner/developer
to comply with the specified conditions. (Attachment # 22)
23. Public Hearing to consider and Ordinance exempting Riverside
Acres, Block 12, Lots 5A, 5B & 5C subdivision from the payment
of wastewater lot or acreage fees under Section V.6.6.1) of the
Platting Ordinance; requiring the owner/developer to comply
with the specified conditions. (Attachment # 23)
STREET CLOSURE:
24. Public Hearing to consider and First Reading Ordinance
abandoning and vacating a 82,830-square foot portion of the
Resaca Street public right-of-way, located between the N.
Tancahua Street and Sam Rankin Street public rights-of-way,
subject to compliance with the specified conditions. (Attachment
# 24)
as am<~aa~r
028434
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Regular Council Meeting
December 8, 2009
Page 8
CITY COUNCIL
PRIORITY ISSUES
{Refer to legend at the end of the
agenda summary)
CAPITAL IMPROVEMENT PROGRAM:
25. Public Hearing to consider and First Reading Ordinance
approving the FY 2010 Capital Budget and Capital Improvement
Planning Guide in the amount of $202,877,800. (Attachment #
25)
K. REGULAR AGENDA ~ ~ ~~ ~ (1/1 --~f '~~ P ~~~C~ ~2`)~
CONSIDERATION OF MOTIONS, RESOLUTIONS. AND ORDINANCES:
26. Resolution approving a Business Incentive Agreement between
the Corpus Christi Business and Job Development Corporation
and Del Mar College for development of the Northwest Learning
Center, which grants $979,000 for the costs of rehabilitating the
existing improvements and constructing the Northwest Learning
Center at 13725 Northwest Boulevard, including the purchase of ~- ~ $ 4 ~ 7
fixtures, furnishings, equipment, and instructional equipment;
and authorizing the City Manager, or his designee, to execute a
Project Support Agreement with the Corpus Christi Business
and Job Development Corporation regarding implementation
and administration of the Del Mar College Northwest Learning
Center Business Incentive Agreement. (To be considered at
approximately 2:00 p.m.) (Attachment # 26)
27. Discussion and possible action concerning the Memorial
Coliseum project. (To be considered at a proximately 2:30
p.m.) (Attachment # 27) ~ = 4 ~ (~~ m ~ " ~-`~3 P ~'I
28. First Reading Ordinance -Renaming the park located at 3221
Richmond at Up River Road and IH 37 from "Jackson Woods
Park" to Matthew Thebeau Memorial Park. (Attachment # 28)
29. City Council consideration o n appeal by Ber ' enmon of a
Building Standards B decision to r ire demolition of the ~pS~~U ~l~
residence loca at Lot 19, Bloc ,Harlem Park,, commonly ~
known as 7 Lawton Street ttachment # 29) .
L. PRESENTATIONS: -4- : 5g ~', ~ . ~ ~ : l 3 P: M . ~#~ I~
Public comment will not be solicited on Presentation items.
30. Mary Rhodes Pipeline Phase II (Garwood) Financial Plan _~ „y
(Attachment # 30) "~",t"
Agenda
Regular Council Meeting
December 8, 2009
Page 9
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
31. 2009 Defense Community Conference and Upcoming City/Navy
Joint Land Use Study (Attachment # 31)
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. 1F 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.)
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.
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 lS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST
AMENDMENT RIGHTS.
g3 per.-y:~~ Pry.
N. CITY MANAGER'S COMMENTS: (NONE)
Agenda
Regular Council Meeting
December 8, 2009
Page 10
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
O. ADJOURNMENT: ~'~~ ~~ C~'
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front
entrance to City Hall, 1201 Leopard Street, at ~, ' ~? C~~ p.m., on
December 3, 2009.
~;--1 ~,~. ,- ,
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 the Friday.
Symbols used to highlight action items that implement
council goals are on attached sheet.
City Council Goals 2009-2011
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Economic Development Strategic Plan
Coliseum Plan
Development Process Improvement
Support Public Safety
Garwood Water Plan
Develop Street Plan
Community Pride
Sustainability and Renewable Energy
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