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Reference Agenda City Council - 01/12/2010
11:45 A.M. - Proclamation declaring Sunday, Cecember E, 2008 as "Family Business Cay", as declared by Goverror Rick Perry Proclamation declarng the week of January 15-1 b, 2010 as "Naticna! Influenza Vaccination Week" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 JANUARY 12, 201 12:00 P.M. PUBLIC NOTfCE -THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED -N 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 Counci! 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 fo your subject, please present if to the City Secretary. Si Usted desea dirigirse a! Conci/io y cree que su ingles es limitado, habra un interprete ing/es-espanol en fodas !as 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) of feast 48 hours in advance so that appropriate arrangemenfs can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Pastor David Bierne, Travis Baptist Church. C.Pledge of Allegiance to the Flag of the United States. ~, ~~~~''zZ 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 ~~QE~ Agenda Regular Council Meeting January 12, 201 ~J Page 2 CITY COUIvCI:_ PRIORITY ISSUES (Refer to legend at the end cf the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of December 8, 2009 and December 15, 2009. (Attachment # 1) 1=. EXECUTIVE SESSION: ~ ~: ~ Z - ~ ; ~ O PUBLIC NOTICE is given that the City Council may elecf fo go into executive session at any time during fhe meefing in order to discuss any mafters lisfed on fhe agenda, when authorized by the provisions of the Open Meefing Act, Chapfer 551 of the Texas Government Code, and that the City Council specifically expects to go info executive session on the following matters. In the event the Council elecfs to go info executive session regarding an agenda item, the secfion or sections of -fhe Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 2. Executive Session under Texas Government Code Section 551.071, Consultation with Attorney, regarding In re Port of Corpus Christi Authority Verified Petition to Take Deposition Before Suit, Cause No. 09-6383-B in the 1.17th Judicial District Court, Nueces County, Texas, with possible discussion and action in open session. 3. Executive Session under Texas Government Code Section 551.071 for consultation with its attorney regarding Texas Commission on Environmental Quality Notice of Enforcement for the Comprehensive-Compliance Investigation (Investigation No. 762159) at Greenwood Wastewater Treatment Facility, located at 6541 Greenwood Drive, at the intersection of State Highway 357 (Saratoga Boulevard) and Greenwood Drive, about 1.5 miles south of South Padre Island Drive, in the City of Corpus Christi (Nueces County), Texas; Regulated Entity No.: RN101610400; TCEQ ID No.: WQ0010401-003; EPA ID No.: TX0047074, with possible discussion and action in open session. 4. Executive Session under Section 551.072 of the Texas Government Code regarding War-Cat Youth Football and Nueces County for the lease of Equistar Field located near McKinzie Road at Haven Drive, with possible discussion and action in open session. r~~ I Lc Agenda Regular Council Meeting January 12, 2010 Page 3 CITY COUNCIL PRIORITY ISSJES (Re?er to fege^d at the end c• the zgenda summar;~j G. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 5) 5. Marina Advisory Committee Watershore and Beach Advisory Committee 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 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 anv reconsidered item. I. CONSENT AGENDA '` `2 _ ~ .I Notice to tf~e Public 1 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 wilt 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 vofe. CONSENT MOTIONS RESOLUTIONS ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on a!I motions, resolutions and ordinances not removed for individual consideration.) 6. Ordinance authorizing the City Manager or his designee to execute a six-month lease extension with War-Cat Youth Football League, a nonprofit organization, ("Lessee") and Nueces County, for the use of Equistar Field located near the intersection of McKinzie Road and Haven Drive, for Lessee youth football program, in consideration of maintaining the premises and improvements. (Attachment # 6) i®-I~~i2 028453 Agenda Regular Council Meeting January 12, 2010 image ~ 7 CITY COUNCIL PRIORITY iSSllES (Refer to legend ai the end cf the agenda summary) a. Resolution authorizing the City Manager or his designee to accept Grant No. TR-AGI-2010 from the State Energy and Conservation Office in the amount of $400,000 with a minimum 20% in-kind Gity match, for alternative fuels and related technology, and to execute all related documents. (Attachment # 7} b. Ordinance appropriating $400,000 from the State Energy Conservation Office (SEGO} in Fund No. 1053, Gas Department Grants Fund, to upgrade existing Compressed Natural Gas Station, located at 2525 Hygeia Drive. (Attachment # 7) 8. a. Motion authorizing the City Manager, or his designee, to execute a subcontract with Communities In Schools, Corpus Christi, Inc. in the amount of $75,000 to provide services for youth ages 10 to 17 in the 78415 Zip Code. (Attachment # 8} b. Motion authorizing the Gity Manager, or his designee, to execute a subcontract with SERCO of Texas in the amount of $100,000 to provide services for youth ages 10 to 17 in the 78415 Zip Code. (Attachment # 8) 9. Resolution authorizing the submission of a grant application in the amount of $29,573.28 to the State of Texas, Criminal Justice Division for funding available under the Recovery Act - Violence Against Women Act (VAWA) for the Police Department's Family Violence Unit, and authorizing the City Manager or his ,designee to apply for, accept, reject, alter or terminate the grant. (Attachment # 9) 10. a. Motion adopting the timetable for the FY2010 Consolidated Annual Action Plan that is the planning and application process for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) programs. (Attachment # 10) b. Motion reaffirming Community Development Block Grant and HOME Investment Partnerships Program objectives and guidelines as previously approved and amended by City Council Policy No. 9. (Attachment # 10) 02.8454 y ~~ _~J'~;'o ~~``c' ~- ~ r ~ ~ . ._~~ _02845~- 200 00~ 2010 002 028456 2010 003 X010 004 Agenda Regular Council Meeting Januafv 12, 2u1 C page 5 CITY COUNCIL PRIORITY ISSUES (Beier to legend ai the end or the agenda summary) 11. Ordinance ratifying the reinstatement of a lease agreement between the City, Atlantic Aviation FBO Holdings, L.L.C., and Mercury Air Center-Corpus Christi, Inc., d.b.a. Atlantic Aviation; authorizing the City Manager, or his designee, to execute an amendment to the agreement to extend the term until October 14, 2010. (Attachment # 11) 12. Motion authorizing the City Manager, or his designee, to execute a construction contract with Malek, Inc., of .Corpus Christi, Texas in the amount of $441,639 for the Art Museum of South Texas HVAC Project, for the Total Base Bid and Additive Alternate Bid Nos. 1, 2 and 3. (BOND ISSUE 2008) (Attachment # 12) 13. Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 to the construction contract with infinity Builders of Laredo, Texas in the amount of $47,201, for a total restated fee of $296,201 for H.E.B. and AI Kruse Tennis Centers Court Improvements, to patch and paint each of the remaining seven tennis courts, at AI Kruse Tennis Center. (BOND ISSUE 2008) (Attachment # 13) 14. Motion authorizing the City Manager, or his designee, to ratify and execute Change Order No. 2 to the construction contract for Americans with Disabilities Act (ADA) ramp and sidewalk improvements with Ram-Bro Contracting, Inc., of Robstown, Texas in the amount of $64,353, for a restated amount of $583,328, to provide ADA-compliant curb ramps at the intersections of PR 22 and SH 361, and PR 22 and Whitecap Boulevard. (Attachment # 14) 15. Motion authorizing the City Manager, or his designee, to execute Change Order No. 4 to the construction contract with SLC Construction, LP, of Conroe, Texas in the amount of $81,297.92, for a total restated fee of $2,920,986.26, for concrete box culverts along Staples Street from Leopard Street to Six Points. (BOND ISSUE 2004) (Attachment # 15) 02845'7 2010 005 2010 006 2010 007 2010 008 Agenda Regular Council Meeting January 12, 2010 Page 6 16 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Motion authorizing the City Manager or his designee, to execute a Real Estate Sales Contract with William B. Miller, Jr., d.b.a. Del Mar Distributing Co., Inc., in the amount of $72,862, plus $1,300 in closing costs for the purchase of fee simple property rights for Parcel 1, containing 13,499 square feet of commercial property on Yorktown Boulevard between S. Staples Street and Cimarron Boulevard, necessary for the Yorktown Boulevard Street Improvement Project and for other municipal purposes. (BOND ISSUE 2008) (Attachment # 16) closing costs for the purchase of fee simple property rights for Parcel 3, containing 12,873 square feet of commercial property on Yorktown Boulevard between South Staples Street and Cimarron Boulevard, necessary for the Yorktown Boulevard Street Improvement Project and for other municipal purposes. (BOND ISSUE 2008) (Attachment # 16) b. Motion authorizing the City Manager or his designee, to execute a Real Estate Sales Contract with Cloudcroft Land Ventures Inc. in the amount of $84,962, plus $1,350 in 17. Resolution authorizing t City Manager his designee to execute all documen necessary to ente nto two agreements with the Texas D artment of Trans ation (TxDOT) [ (1 Agreement fo fight of-Way Proc ment and (2) an Agr ent to contrib local funds), for total amount of $ ,000 in particip ion funding costs the City, taacquire ertain rights- of-w necessary tom highway improve nts to FM 2444 ( aples Street) from aratoga Boulevard Oso Creek Bridge. BOND ISSUE 20 (Attachment # 17 18. Resolution authorizing the City Manager or his designee to submit a nomination form for the Transportation Enhancement Program to the Texas Department of Transportation in the amount of $1,353,868 for Yorktown Boulevard, Staples to Cimarron Landscaping Improvements Project, with a City match of $338,467 in the No. 3546 Street General Obligation (GO) Capital Improvement Program (CIP) Fund, and a total construction cost of $1,692,335. (BOND ISSUE 2004) (Attachment # 18) 2010 009 2010 010 W ~{1~c~vw..M h~ SkufC 028458 Agenda Regular Council >vleeti~ g January 12, 2010 Page 7 CITY C~3UNCIL PRIORITY ISSL!ES (Refer io legend at the end of the agenda summary) 19. Second Reading Ordinance -Authorizing the City Manager, or designee, to execute atwenty-year lease and use agreement wsth the Corpus Christi Police Officers' Association, a not for profit corporation, to operate a youth athletic/boxing program at 908 Park Avenue, Corpus Christi, Nueces County, Texas in consideration of the Corpus Christi Police Officer's Association, a not far profit corporation, paying $50 per month. (First Reading -12/08109) (Attachment # 19) J. PUBLIC HEARINGS: (NONE) `. K. REGULAR AGENDA ~ ~~ -= ~'~~ ry CONSlDERAT{ON OF MOTIONS. RESOLUTIONS AND OR®lNANCES_~~ '~ 20. a. Motion authorizing the City Manager or his designee to execute a construction contract with Garrett Construction of Ingleside, Texas, in the amount of $560,087.80 for the Greenwood Softball Complex Renovation for Phases I, III and IV. (BOND ISSUE 2008) (Attachment # 20) b. Motion authorizing the .City Manager or his designee to execute a Texas Buy Board Contract with Musco Sports Lighting, LLC, of Round Rock, Texas, in the amount of $601,800 for the Greenwood Softball Complex Renovation for Phase ll. (BOND ISSUE 2008) (Attachment # 20) 21. Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of $1,880,000, for a restated amount of $1,927,500, for the O. N. Stevens Raw Water Influent Improvements for preliminary design, design, bid and construction phase services, and additional services. (Attachment # 21) 22. First Reading Ordinance -Renaming the park located at 10622 Frontier Drive, Frontier Drive at Wind Rock Drive from Overland Park to Lt. Stuart J. Alexander Memorial Park. (Attachment # 22) 028459 P'~~~- 2010 01 1 2010 012 2010 013 Agenda Regular Council Meeting January 1 ~, 2010 Page 8 agenda summary) CITY COUNCIL PRiOR3TY ISSUES (Refer to legend at the end ct the 23. Discussion and possible action concerning the Memorial Coliseum project. (To be considered at approximately 2:30 p.m.) (Attachment # 23} 24. First Reading Ordinance -Amending the Corpus Christi Zoning Ordinance by amending Article 6B titled "Townhouse Dwelling District Regulations" and creating a new Article 66 titled "Cottage Housing District"; by creating an additional Article labeled 6C, for the "Townhouse Dwelling District Regulations"; by creating Section 6C-2 and amending Sections 7-2, 8-2, 8A-2, 9-2, 10-2, 11-2, 12-2, 12A-2, 13-2, and 14A-2 to allow Cottage Housing as a Permitted Use; by including new Definitions; by providing Development Standards and Regulations; providing for increased Density and Low-impact Development on smaller lots within the City limits; amending conflicting provisions of the City's Comprehensive Plan; repeating conf{icting Ordinances, providing for penalties; providing far publication; and providing an effective date. (POSTPONED TO JANUARY 26, 2010) (Attachment # 24) L. PRESENTATIONS: I ~ ~~ y'Z` ~~-~' Public comment will not be solicited on Presentation items. 25. Corpus Christi Ozone Trending and Future Attainment (Attachment # 25) 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 LIMtT 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.) 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: 5 i~r~ v ~ G~'~"J ., Agenda Regular Council Meeting January 12, ~C10 image 9 C{TY COIr:NC{L PRlQR{TY ISSUES (Refer to legend a the end or the agenda summary) N. O. 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 1S NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMEN©MENT RIGHTS. C{TY MANAGER'S COMMENTS: (NONE) ADJOlJRNMENT: ~ i~ `n,,,, POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hail, 1201 Leopard Street, at ~-~ ~'~J p•m•~ on January 7, 2010. 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. 23. Motion to cease negotiations with the National Swimming Center Corporation (NSCC). 2 010 014 City Council Goals 2009-2011 _-= o _-__ ~~ Q°&F ~~ M! i ~~'l WATER ~"~ ,,~~, orpus Christi Eton©mic ~eveiepment Strategic Plan Coliseum Plan Development Process Improvement Support Public Safety Garwood Water Plan Develop Street Plan Community Pride Sustainability and Renewable Energy 0 ~ z ~- ~ ~ r oo n ~ ~ N to o ~ ~ ~ ~ T ~ rn ~ n a ~ ~ m N ~ ~ ~ ~ ~ N ~ p ~ ~ c ~ ~ c~ ~ ~ Z Q` N ~ ~ ~ ~ ~ n ~ ~' a ~ ~.. -~- ~, . -~ .~ ~~ N 0 0 mn G1 c~ no ~~ nn 00 c~ z~ nc ~~ ~ _ rn rn ~-° ~~ z =~ J. 0 N ~~ ~~ ~~~ G~~ ~ n cn ~ ~ fD Q t~ o ~ ~ ~' ~ N ~ N ~ ~ T n ~ n~ ~ m O. O 3 N Q ~ Q ~ ~ C ~ ~ ~ ._.-~ 3 N 0 0 C r ~O 70 ~ 00 C ~ Z^ C `+ 'A r `I m= rn~ ~~ z~