HomeMy WebLinkAboutReference Agenda City Council - 03/09/201011:45 A.M. - Proclamation declaring Wednesday, March 10, 2010, as "Registered Dietitian Day"
Proclamation declaring Thursday, March 11, 2010, as the "67th Anniversary Banquet Celebration
of the Wesley Community Center"
Proclamation declaring the month of March, 2010 as "Women's History Month"
Proclamation declaring the month of March, 2010 as "Red Cross Month"
"At Your Service" Award, City Staff Recognition
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL -COUNCIL CHAMBERS
1201 LEOPARD ST.
CORPUS CHRISTI, TEXAS 78401
MARCH 9, 2010
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 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 a/ Concilio y tree que su ing/es es limifado, habra un interprete ing/es-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 to
contact the City Secretary's ot~ce (af 361-826-3105) at least 48 hours in advance so that appropriate arrangements
can be made.
A. Mayor Joe Adame to call the meeting to order.
B. Invocation to be given by Pastor Kenneth Mutchler, Immanuel Fellowship.
C. Pledge of Allegiance to the Flag of the United States. ~G~-~~~,
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D. City Secretary Armando Chapa to call the II of the required Charter Officers.
Mayor Joe Adame
Mayor Pro Tem Chris N. Adler
Council Members:
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John Marez
Nelda Martinez
Mark Scott
Ci Mana er An el R. Escobar 1/
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Interim City Attorney Lisa Aguilar
City Secretary Armando Chapa
INDEXED
Agenda
Regular Council Meeting
March 9, 2010
Page 2
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PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
E. MINUTES:
Approval of Regular Meeting of February 23, 2010. (Attachment
# 1)
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
2. Committee for Persons with Disabilities
Museum of Science and History Advisory Committee
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. 1f 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 fhe last regular, or a subsequent special meeting; such
agendas are inco-porated herein for reconsideration and action on
any reconsidered item.
H. CONSENT AGENDA
Notice to the Public ~ 2.:210 _ l2t
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 fhe Council will vote on all motions, resolutions and ordinances
not removed for individual consideration.)
3. Ordinance authorizing the City Manager, or his designee, to
execute athree-year contract and lease agreement with Susan
Shelby Torrance (Pro) for tennis operations at the AI Kruse
Tennis Center in consideration of Pro paying the city 5% of Pro
and lesson revenue, and collecting and forwarding city revenue
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{Refer to legend at the end of the
agenda summary)
to city in return for Pro's exclusive use of tennis center, and city
paying Pro $3,166 per month for Pro operating tennis center.
(Attachment # 3)
4. Resolution authorizing .the City Manager, or his designee, to
execute an tnteriocal Cooperation Agreement, in the amount of
$10,000, with the University of Texas Marine Science Institute
(UTMSI), for UTMSI to provide monitoring of the Gulf of Mexico
beaches from the North Jetty of Packery Channel to the City of
Corpus Christi city limits for turtles during sea turtle nesting
season, March 15 to September 30. (Attachment # 4)
5.
a. Resolution authorizing the City Manager or his designee to
accept a grant in the amount of $15,000 from the Texas
Department of State Health Services for funding eligible
under the Governor's Advisory Council on Physical Fitness
(GACPF) and to execute all related documents. (Attachment
# 5)
b Ordinance appropriating $15,000 from the Texas
Department of State Health Services fund in the No. 1071
Community Enrichment Fund, to be used for encouraging,
promoting, and enhancing healthy living through organized
sports, events, diet and everyday activity all with a strong
emphasis on using our natural resources. (Attachment # 5)
6.
a. Resolution authorizing the City Manager or his designee to
execute an agreement with Dr. William Burgin, Jr., to serve
as the Local Health Authority for the Public Health District.
(Attachment # 6)
b. Resoluti aut rizing the i y Man er or h" designe to
exec a an reement~ h Dr. ette Si on to se a as
th Alter a Local alth A ority for a Publ' Health
istrict. Attachme # 6)
7. Motion authorizing the City Manager, or his designee, to
execute a construction contract with Holloman Corporation of
Converse, Texas in the amount of $246,906 for Mary Rhodes
Pipeline Cathodic Protection 2010 for the Total Base Bid (Water
Fund Capital Outlay). (Attachment # 7)
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Regular Council Meeting
March 9, 2010
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agenda summary)
8. Motion authorizing the City Manager, or his designee, to
execute a Real Estate Sales Contract with Corpus Christi
Independent School District in the amount of $72,600 plus
$1,300 in closing costs for the purchase of fee simple property
rights to 2.42 acres of vacant land owned by CCISD on Paul
Jones Avenue, north of and adjacent to the City's South Guth
Ball Field complex for recreational and other public purposes in
connection with the South Guth Ball Field Relocation Project.
(Attachment # 8)
9. Ordinance amendin ection 33-16, de of Ordinances, City
of Corpus Christi o allow parkin n the Seawall P g Lot
on Windward ive when any rtion of beach se and of the
concrete p ion of the P re Island Seaw is closed to
vehicular affic; providin or penalties; pro.. ' ng for publication.
(Attac ent # 9)
10. Second Reading Ordinance -Amending the Comprehensive
Plan of the City of Corpus Christi, by amending the Corpus
Christi Urban Transportation Plan (as adopted by Ordinance No.
025251), and thereafter amended by Ordinances 026278 and
026402) and the Corpus Christi Future Land Use Plan (as
adopted by Ordinance 026278) for the City and its
extraterritorial jurisdiction; establishing a Unified Future Land
Use and Transportation Plan for coordination of land use zoning
subdivision development and Capital Improvements consistent
with the public interest; amending related elements of the
Comprehensive Plan of the city; and providing for publication.
(First Reading - 02/23/10) (Attachment # 10)
I. EXECUTIVE SESSION: ~ ,-
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PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order fo discuss
any matters listed on the agenda, when authorized by fhe provisions
of the Open Meeting Act, Chapter 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
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 once.
11. Executive Session under Texas Government Code Section
551.071 regarding Pablo Vela vs. City of Corpus Christi, Texas,
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agenda summary)
Cause No. 07-60564-3, in the County Court at Law Number 3,
Nueces County, Texas, with possible discussion and action in
open session.
12. Executive Session under Texas Government Code Section
551.071 for consultation with its attorney regarding City of
Corpus Christi -Proposed TPDES Permit No. WQ0010401004,
EPA ID No. TX0047058 (CN600131858; RN101610327), with
possible discussion and action in open session.
13. Executive Session under Texas Government Code Section
551.074 regarding an appeal by Michael Rodriguez, concerning
a decision by the Civil Service Board, with possible discussion
and action related thereto in open session.
J. PUBLIC HEARINGS:
~ : 52 -- ~2,: ~n
WASTEWATER ACREAGE FEE EXEMPTION:
14. Public hearing to consider and Ordinance exempting Margaret
Kelly Land, Tract 3, Lot 1 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 # 14)
COTTAGE HOUSING DISTRICT:
15. Public hearing to consider and First Read' g Ordinance
amending the Corpus Christi Zoning Ordina a by adding t
Section 4-1, the "10" Zonin istrict, which as not listed w n
district was adopted, a by adding t new "CH" Wing
District; by adding a n Article 6C Titl "CH" Cottage ousing
District; by addin "Cottage Hou ' g Developme as a
permitted use to ections 6B-2, 7- , 8-2, 8-A2, 9-2 0-2, 11-2,
12-2, 12A-2, 1 -2, 14-2, 14A-2 a 16-2; by alteri the form of
the Article 2 chart; and by ad ng a new distric to Section 24-
1; relatin o the use, regul ions, and review standards for a
Cottag ousing District; oviding for incr sed density and
low-i act development n smaller lots w' hin the City limits;
am .ding conflicting p ovisions of the ity's comprehensive
pl ;repealing confli ing ordinances; roviding for penalties;
oviding for public tion; and providi for an effective date.
(POSTPONED UN IL MARCH 23, 2 0) (Attachment #15)
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March 9, 2010
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agenda summary)
K.
REGULAR AGENDA ~~~ _ .~,. ~ o Y~"`-
CONSIDERATION OF MOTIONS. RESOLUTIONS, AND ORDINANCES:
16
17.
a. Resolution ratifying the acceptance of a funding award in the
amount of $1,581,737 from the Texas Department of
Housing and Community Affairs for the Weatherization
Assistance Program effective September 1, 2009 and
authorizing the City Manager or his designee to execute all
related documents. (Attachment # 16)
b. Ordinance appropriating $1,581,737 in the No. 1059 Grant
Fund for the Weatherization Assistance Program (VI/AP).
(Attachment # 16)
a. Resolution approving the Corpus Christi Business and Job
Development Corporation's expenditure of $1,100,000 of the
Corporation's Seawall Funds for the Salt Flats Levee System
- Phase 1 project; authorizing amendment of the
Corporation's budget; and approving a Seawall Project
Agreement between the Corporation and the City of Corpus
Christi for the Salt Flats Levee System-Phase 1 Project.
(Attachment # 17)
b. Ordinance appropriating $1,100,000 from Corpus Christi
Business and Job Development Corporation in the No. 3271
Seawall Systems CIP Fund for Salt Flats Levee System-
Phase 1 Project. (Attachment # 17)
c. 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
$303,054 for preliminary design, design, bid . and
construction phase services, and additional services for the
Salt Flats Levee System -Phase 1 .Project for Federal
Emergency Management Association (FEMA) recertification.
(Attachment # 17)
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March 9, 2010
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18
a. Resolution establishing the City's intention to reimburse
itself, in an amount not to exceed $8,000,000, for the prior
lawful expenditure of funds from the proceeds of obligations
to be issued by the City for authorized purposes relating to
the Utility System; authorizing matters incident and related
thereto; and providing an effective date. (POSTPONED ON
2/16110) (Attachment # 18)
b. Ordinance advancing $8,000,000 from Fund No. 4050 -
Choke Canyon Fund to and appropriating into the No. 4087
Water 2010 TWDB-WIF Loan fund for expenditures related
to the planning, design, and permitting of a pipeline and
related facilities between the Colorado River and the Mary
Rhodes Pipeline pumping facility at Lake Texana; providing
for repayment of the $8,000,000 to Fund No. 4050- Choke
Canyon Fund from proceeds from the sale of bonds to the
Texas Water Development Board. (POSTPONED ON
2/16/10) (Attachment # 18)
c. Motion authorizing the City Manager or his designee to
execute Amendment No. 4 to the Contract for Professional
Services with Freese and Nichols, Inc. of Corpus Christi,
Texas, in the amount of $9,676,590, for a total restated fee
of $10,990,177 for Mary Rhodes Pipeline Phase 2 for
preliminary design, design, bidding and construction phase
services and additional services. (POSTPONED ON
2/16/10) (Attachment # 18)
19. Ordinance authorizing the issuance of $8,000,000 "City of
Corpus Christi, Texas Utility System Revenue Improvement
Bonds, Series 2010"; providing the terms, conditions, and
specifications for such bonds, including the approval of an
application to the Texas Water .Development Board; making
provisions for the payment and security thereof on a parity with
certain currently outstanding obligations; stipulating the terms
and conditions for the issuance of additional revenue bonds on
a parity therewith; authorizing the execution of a paying
agent/registrarsgreement and an escrow agreement; complying
with the requirements of the depository trust company; enacting
other provisions incident and related to the subject and purpose
of this ordinance; and providing an effective date. (Attachment
# 19)
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agenda summary)
L. PRESENTATIONS: 12 I IZ-~.Z~
Public comment will not be solicited on Presentation items.
20. Presentation by Nueces County Commissioner Betty Jean
Longoria: (Attachment # 20)
a. Update on the Coastal Bend State Veterans' Cemetery
Corpus Christi Project
b. Census 2010 Update
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.
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 C/TY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE,
EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL
D/SRESPECT 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.
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N. CITY MANAGER'S COMMENTS: (NONE)
Agenda
Regular Council Meeting
March 9, 2010
Page 9
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
O. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front
entrance to City Hall, 1201 Leopard Street, at ~ ~%3 0 p.m.,
on March 4, 2010.
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;: ,,
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.
11. Motion to authorize the City Manager to execute a Release & Settlement
of Cause #07-60564-3; Pablo Vela vs. City of Corpus Christi; in the
County Court at Law No. 3; Nueces County, Texas, in the amount of
$80,000, subject to certification of funds.
2010 0 5 2
13. Motion to deny Michael Rodriguez' appeal of the decision of the Civil
Service Board.
2010 0 53
City Council Goals 2009-2011
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Economic Development Strategic Pian
Coliseum Plan
Development Process Improvement
Support Public Safety
Garwood Water Plan
Develop Street Plan
Community Pride
Sustainability and Renewable Energy
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