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HomeMy WebLinkAboutReference Agenda City Council - 04/13/201011:45 A.M. - *Proclamation declaring Wednesday, April 21, 2010, as "BoldFuture for the Coastal Bend". *Proclamation declaring Saturday, April 17, 2010 as celebration of "Earth Qay -Bay Day 2010" and the month of April 2010 as "Earth Month 2010". *Proclamation declaring the week of April 11-17, 2010 as "National Public Safety Telecommunications Wk". *Proclamation declaring the week of April 18-24, 2010 as "National Crime Victims' Rights Week". *Proclamation declaring the week of May 2-8, 2010 as "2010 Children's Mental Health Awareness Week." *Commendations presented to students of Incarnate Word Academy who placed Fifth in the World at the intercontinental Chess Team Championships. AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 APRIL 13, 2010 / 12:00 P.M. PUBLIC NOTICE -THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE C/TY 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 al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol 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 (af 361-826-3105) at /east 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 Reverend Henry Williams, Corpus Christi Christian Fellowship Church. C. Pledge of Allegiance to the Flag of the United States. ~~ ~~-~- D. City Secretary Armando Chapa to call the roil of the required Charter Officers. Mayor Joe Adame v Mayor Pro Tem Chris N. Adler Council Members: Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Lea! John Marez Nelda Martinez Mark Scott City Manager Ange! R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa ~~a~~® Agenda Regular Council Meeting April 13, 2010 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of March 30, 2010. (Attachment # 1) ~ F. BOARDS ~ COMMITTEE APPOINTMENTS: (Attachment # 2) 2. Airport Board Board of Adjustment Food Service Advisory Committee Transportation Advisory Committee G. EXPLANATION OF COUNCIL ACTION: H. 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 of the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. CONSENT AGENDA Notice to the Public ~Z' Zt~ - IZ`-~ 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. GONSENT MOTIONS RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (Af this point the Council will vote on aU motions, resolutions and ordinances not removed for individual consideration.) 3. Motion approving the purchase of two (2) mini-track excavators and two (2) trenching machines from the following companies for the fallowing amounts for a total amount of $156,857.52. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (TLGPC). All units are replacements to the fleet and will be used by the Gas ~1M ,~~p - ~~- 2010 070 Agenda Regular Council Meeting April 13, 2010 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Department. Funds are available in the Capital Outlay Budget of the Maintenance Services Fund. (Attachment # 3) John Deere Construction Retail Sales Moline. Illinois Line Item: 1 Mini-track excavators $56,627.52 Vermeer Equipment of Texas, Inc. Round Rock. Texas Line Item: 2 Trenching Machines $100,230.00 Grand Total: $156,857.52 4. Motion approving a supply agreement with Pencco, Inc., of San Felipe, Texas for approximately 300,000 gallons of ferrous sulfate in accordance with Bid Invitation No. BI-0107-10 based on only bid for an estimated twelve-month expenditure of $273,270 of which $68,317.50 is required for the remainder of FY 2009-2010. The term of the supply agreement 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 the Wastewater Department in FY 2009-2010. (Attachment # 4) 5. Motion approving a supply agreement with Altivia Corporation, of Houston, Texas for approximately 448,100 pounds of sodium hypochlorite solution in accordance with Bid Invitation No. 61- 0064-10, based on low bid for an estimated six month expenditure of $223,236.40 of which $111,618.20 is required for the remainder of FY 2009-2010. The term of the contract will be for six months with an option to extend for up to five additional six month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Wastewater Department in FY 2009-2010. (Attachment # 5) 6. Motion approving a service agreement with Star Operations, Inc., of Corpus Christi, Texas for highway and roadway lighting maintenance and repair in accordance with Bid invitation No. BI- 0122-10 based on low bid for an estimated twelve-month expenditure of $354,688. The term of the service agreement will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the service provider and the City Manager or his designee. Funds are available in the General Fund in FY 2009-2010. (Attachment # 6) 2010 071 2010 072 2010 073 Agenda Regular Council Meeting April 13, 2010 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 7. Ordinance approving the transfer of $60,858 from the Maintenance Services Fund No. 5110 to and appropriating in the Visitors Facilities Fund No. 4710 for water damage repairs to the Selena Auditorium building at the American Bank Center; changing the FY 2009-2010 Operating Budget adopted by Ordinance No. 028252 to increase appropriations and revenues by $60,858 each. (Attachment # 7) 8. ,Ordinance appropriating $575,000 from the proceeds of a loan from the Corpus Christi Housing Finance Corporation in the No. 1020 General Fund in connection with financing the acquisition and renovation of the parking lot located adjacent to the Ward Building at the corner of Chaparral Street and Schatzel Street; and changing the FY 2009-2010 Operating Budget adopted by Ordinance No. 028252 by increasing expenditures by $575,000. (Attachment # 8) 9. Resolution endorsing certain legislative changes, as recommended by the South Texas Aggregation Project, Inc. (STAP), relating to the Sunset Review of the Texas Public Utility Commission and the Special Purpose Review of the Electric Reliability Council of Texas. (Attachment # 9) 10. Resolution approving a small business incentive agreement between the Corpus Christi Business and Job Development Corporation and Coastal Bend Workforce Development Board that provides a grant of up to $12,760 for Workforce Solutions' Small Business Employer Intern Program and authorizing the City Manager, or designee, to execute a Small Business Incentive Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Coastal Bend Workforce Development Board small business incentive agreement. (Attachment # 10) 11. a. Resolution authorizing the City Manager or his designee to execute all documents necessary to accept a $775,611 grant awarded by the Area Agency on Aging of the Coastal Bend for the FY 2010 Senior Community Services, Elderly Nutrition Program. (Attachment # 11) ~-~~~~2 ~~'8~43 ~~8544 {~ X8545 Agenda Regular Council Meeting April 13, 2010 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of ±he agenda summary) b. Ordinance appropriating a $775,611 grant from the Area Agency on Aging of the Coastal Bend in the No.1067 Parks and Recreation grants fund for the FY 2010 Senior Community Services, Elderly Nutrition Program. (Attachment # 11) c. Resolution authorizing the City Manager or his designee to execute all documents necessary to accept a $261,751 grant awarded by the Texas Department of Aging and Disability Services for the FY 2010 Senior Community Services, Title XX Meals on Wheels Program. (Attachment # 11) d. Ordinance appropriating a $261,751 grant from the Texas Department of Aging and Disability Services in the No. 1067 Parks and Recreation grants fund for the FY 2010 Senior Community Services, Title XX Meals on Wheels Program. (Attachment # 11) 12. Resolution authorizing the City Manager or his designee to submit a grant application to Texas Department of Agriculture for a Summer Food Program Grant in the amount of $249,802 to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. (Attachment # 12) 13. Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Bass and Welsh Engineering of Corpus Christi, Texas in the amount of $93,400 for preliminary design, design, bidding and construction phase services and additional services for Charles Drive Improvements, Leopard Street to Maple Leaf Drive. (BOND ISSUE 2008) (Attachment # 13) 14. Motion authorizing the City Manager, or his designee, to execute Change Order No. 3 to the construction contract with Landmark Structures I, L.P., of Fort Worth, Texas in the amount of $400,139.08 for a total restated fee of $3,803,480.92, for Padre Island Elevated Storage Tank (1.5 MG) Part A Project for additional sleeves in the pedestal wall, Supervisory Control and Data Acquisition (SCADA), electrical and piping modifications. (Water CIP 2010) (Attachment # 14) ~. , 0854'7 ~I~gS~~ ~~}^J~~ 2010 074 2010 075- Agenda Regular Council Meeting April 13, 2010 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 15. Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the construction contract with KJM Commercial of Corpus Christi, Texas in the amount of $83,090 for a restated not to exceed contract price of $550,090 for the Police Department Building Elevators, Phase 1, to install new cab interiors, new access control card readers and an HVAC unit. (BOND ISSUE 2008) (Attachment # 15) 16. Resolution authorizing the City of Corpus Christi, by and through the City Manager or his designee, to participate in the Interlocal Governmental Cooperative Purchasing Programs of the Region VIII Education Service- Center, including the Interlocal Purchasing System (TIPS) Program; and authorizing the City Manager or his designee to execute an Interlocal Government Agreement (and all related documents necessary) for program participation. (Attachment # 16) 17. Resolution determining a public necessity to acquire fee simple title (to the surface estate only) for the County Road 52 - US 77 to CR 69 Street Project (#6471) to two tracts of land known as Parcels 10 and 11 [(1) Parcel 10 being a 0.239-acre (10,410.8 sf) tract of vacant land out of Lot 10, Block 1, of the Nueces River Irrigation Park, as shown on plat recorded in Vol. A, p. 54, Map Records of Nueces County, TX -Steven R. Hook (owner); and (2) Parcel 11 being a 0.812-acre (35,369.8 sf) tract of vacant land out of Lot 9, Block 1, of the Nueces River Irrigation Park, as shown on plat recorded in Vol. A, p. 54, Map Records of Nueces County, TX -the Estate of Albert F. Stuchly, et al (owner)], for the public purpose, use and construction of street improvements and for other related public, street, and 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. (BOND ISSUE 2008) (Attachment # 17) I. EXECUTIVE SESSIONS: ~-L. ~Q v Z-.~~ PUBLIC fVOT1CE is given fhat the City Council may elect fo 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 info executive session on the following matters. /n the event the Council elects fo go into executive session regarding an agenda item, the 201 476 ~~.~~~J ~ `~ .. ~. ~,~JJ . Agenda Regular Council Meeting April 13, 2010 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary} section or sections of the Open Meetings Act authorizing fhe executive session will be publicly announced by the presiding office. 18. Executive Session -under Texas Government Code Section 551.071 regarding American GI Forum vs. City of Corpus Christi, Texas Cause No. 10-60455-4, in the County Court at Law Number 4, Nueces County, with possible discussion and action in open session. 19. Executive Session under Texas Government Code Section 551.071 regarding Friends of the Coliseum vs. City of Corpus Christi, Texas Cause No. 10-000769, in the 250th District Court, Travis County, with possible discussion and action in open session. J. PUBLIC HEARINGS: ZONING CASES: 3. ?~ ` . 3~~1-5 20. Case No 0310-01 Mostafa Bighamian and Morteza Shafinury: A change of zoning from the "R-1 B" One-Family Dwelling District to the "B-4" General Business District resulting in a change of land use from Vacant Land to Commercial Shopping Center use on property described as a 4.56 acre tract of land located in the Bass Subdivision, Block 27, Lots K, L, M, N, and Block 28, Lot O, generally located north of Saratoga Boulevard, northwest of Summer Ridge Drive, approximately 1,360 feet southeast , of Airline Road, at 6902 Saratoga Boulevard. (Attachment # 20) Planning Commission and Staff's Recommendation: Approval of the "B-4" General Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Mostafa Bighamian and Morteza Shafinury, by changing the Zoning fJfap in reference to a 4.56 acre tract of land located in the Bass Subdivision, Block 27, Lots K, L, M, N, and Block 28, Lot O, from "R-1 B" One-family Dwelling District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. ~ ~~J~~ Agenda Regular Council Meeting April 13, 2010 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 21. Case No. 0310-03, Ron Peck: A change of zoning from the "B- 5" Primary Business District to the "I-2" Light Industrial District resulting in a change of land use from Commercial Vacant Building to Auto and Motorcycle Repair and Paint use on property described as a 0.52 acre tract of land located in South Bluff, Block 12, Lots 6 through 8, generally located on the south side of Kinney Street, west of South Carrizo Street, and east of King Street, at 923 Kinney Street. (Attachment # 21) Planning Commission and Staff's Recommendation: Denial of the "l-2" Light Industrial District in lieu thereof approval of a "B- 5/SP" Primary Business District with a Special Permit, subject to a Site Plan and six (6) conditions. ORDINANCE 22. Amending the Zoning Ordinance, upon application by Ron Peck, by changing the Zoning Map in reference to a 0.52 acre tract of land located in South Bluff, Block 12, Lots 6 through 8, from "B- 5" Primary Business District to "B-5/SP" Primary Business District with a Special Permit to allow for auto and motorc cle ~ '~ '~~ "" ~" Y }...:~ ,~ .) ~ repair and paint use, 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; and providing for publication. CONSOLIDATED ANNUAL ACTION PLAN: ~ ~ Z©° 3', tS a. Public .hearing regarding the City of Corpus Christi's proposed FY2010 Consolidated Annual Action Plan (CARP) for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs. (To be considered at approximately 2:00 p.m.) (Attachment # 22} b. Council discussion and possible recommendations on a list of projects/activities to be funded. (To be considered at approximately 2:00 p.m.) (Attachment # 22) Agenda Regular Council Meeting April 13, 2010 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) K. REGULAR AGENDA ~~.~j, Z~-I- 2-~°~O ~ ' LO ~^'` ~ z 5 .3 : t 5 -~ 3:31 ,~- ~.I 3 ~' CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: ~ ~ `~' 23. a. Ordinance authorizing the City Manager or his designee to execute a lease agreement with the Buccaneer Commission, Inc. ("Commission") for 2010 Buccaneer Days Festival and related activities to allow use of City property bounded by Resaca Street to Palo Alto Street and Shoreline Blvd. and N. F ; ~~ c~ ~ ~ /~ Chaparral Street, up to and including Barge Dock area; during April 22 .through May 2, 2010, providing for Commission paying 50% police overtime and 100% of all other City costs and fees. (To be considered of approximately 1:30 p.m.) (Attachment # 23) b. Motion approving a $2.00 admission fee and/or $3.00 for adults (depending on date) and $2.00 per day for seniors, children under the age of 17, and persons with disabilities for 2 a ~ O o 7 7 ` Buccaneer Days Festival from April 22, 2010 through May 2, 2010. (To be considered at approximately 1:30 p.m.) (Attachment # 23) 24. Motion approving the following temporary street closures, beginning at 8:00 a.m. on Friday, April 16, 2010 and ending at 5:00 p.m. on Wednesday, May 5, 2010, unless otherwise noted, for the Buccaneer Days BBQ Challenge, Rodeo Festival and 2 O ~ O Q 7 Carnival event. (To be considered at approximately 1:30 p.m.) (Attachment # 24) a. Resaca Street, between Chaparral Street and Shoreline Boulevard; b. Fitzgerald Street, between the Chaparral Street and Shoreline Boulevard; c. Palo Alto Street, between the Chaparral Street and Shoreline Boulevard; d. Water Street, between Power Street and Resaca Street; e. Shoreline Boulevard, between Power Street and the Art Museum of South Texas, including the Barge Dock; Agenda Regular Council Meeting April 13, 2010 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Fitzgerald Street, between North Broadway Street and Mesquite Street, ending at 9:00 p.m. on Monday, April 26, 2010; and g. North Broadway Street (including under US 181 Harbor Bridge}, between Fitzgerald Street and Brewster Street, ending at 9:00 p.m. on Monday, April 26, 2010, this right of way is under the jurisdiction of the Texas Department of Transportation (TxDOT) and will be closed by City in cooperation with TxDOT. 25. Resolution declaring the City of Corpus Christi's interest in investigating the feasibility of aPublic-Private partnership to develop and re-develop an area in the vicinity of the American Bank Center. (Attachment # 25) 26. Motion to acr esti r .~~~`~ a extension of a ~~de~r~ I D-~ ~`~nt' Special Permit, to ~4~~~r~~°to a ow or a pet grooming and boarding business, small dog and cat rescue shelter, and dog service and therapy/training facility, on property located at the southwest corner of Gadwell Street and Laguna Shores Road, in Case No. 0309-01, Ross and Judith Sisson. (Attachment # 26) L. PRESENTATIONS: ~ ~ ~- ~.' I I Public commenf will not be solicited on Presentation items. 27. Regional Health Awareness Board Activity 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 TfME PERIOD, PLEASE SIGN THE FORfvI 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.) as ~-~-~ e~ `~ ~ JJJ~ ~~ Z (~ 1c7 2010 079 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND Agenda Regular Council Meeting April 13, 2010 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary} 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 IS NOT MEANT TD RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. CITY MANAGER'S COMMENTS: (NONE) O. ADJOURNMENT: ~ ~ 41 • ~_ POSTING STATEMENT: 1 This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at aZ~~O p.m., on April 8, 2010. ~~''n '`'G' 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 counci! 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. 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