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HomeMy WebLinkAboutReference Agenda City Council - 05/11/201011:45 A.M. - Proclamation declaring the week of May 8-16, 2010 as "National Tourism Week" Proclamation declaring the month of May 2010 as "Older Americans Month" Proclamation declaring the month of May 2010 as "Elder Abuse Awareness Month° AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 MAY 11, 2010 12:00 P.M. PUBLIC NOTICE -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 Council Meeting, whichever is earner. 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 ingl~s es limitado, habra un interprets ingl~s-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 Secn:tary's otttce (at 361-826-3105) at least 48 hours in a vance so that appropriate arrangements can be made. A. Mayor Joe Adams to call the meeting to order. / B. Invocation to be iven b Pastor David Bendett, Victory South Coast Church. 9 Y C. Pledge of Allegiance to the Flag of the United States. C , ~(~ I~~ D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem Larry Elizondo, Sr. Council Members: Chris N. Adler Brent Chesney Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa ~Na~cED Agenda Regular Council Meeting May 11, 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 April 27, 2010. (Attachment # 1) ~ ~ ~ L~; F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. Advisory Committee on Community Pride * pp5-(~~ nec~ Commission on Children and Youth Sister City Committee G. 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 dififerent 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. H. CONSENT AGENDA Notice to the Public 12;~Q~-12` 0 ~~ /y The following items are of a routine or administrative nature. The Council hats 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.) 3. Motion approving the purchase of network hardware for the Public Health District from Calence Insight Networking Solutions, of Austin, Texas in accordance with the State of A O ~ O O ~ p Texas cooperative purchasing program for a total amount of G v $51,743.60 under the Community Preparedness Section/Public Agenda Regular Council Meeting May 11, 2010 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Health Emergency Response (PHER) Focus Area I, Phase 3 Grant awarded to the Corpus Christi-Nueces County Public Health District and available in the Health Grant Fund No. 9100. (Attachment # 3) 4. Motion approving the purchase of Laboratory Information Management System (LIMB) for the Public Health District from STARLIMS Corporation, of Hollywood, Florida in accordance with the State of Texas cooperative purchasing program for a total amount of $163,308.33 under the Local Public Health Preparedness/Public Health Emergency Response (PHER) - Focus Area II Grant awarded to the Corpus Christi-Nueces County Public Health District and available in the Health Grant Fund 9100. (Attachment # 4) 5. 6. a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $165,840 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. (Attachment # 5) b. Ordinance appropriating $165,840 in the No. 1061 Police Grants fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. (Attachment # 5) a. Resolution authorizing the City Manager or his designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $8,501.09 to be used for the purchase of equipment, supplies, and services to support the delivery of emergency medical services for the Corpus Christi Fire Department. (Attachment # 6) b. Ordinance appropriating $8,501.09 from the Coastal Bend Regional Advisory Council into the No. 1056 Ambulance Grant Fund to purchase equipment, supplies, and services to support the delivery of emergency medical services for the Corpus Christi Fire Department. (Attachment # 6) 2010 099 2010 1.00 ~2858~7 0'8...588 028589 Agenda Regular Council Meeting May 11, 2010 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 7. a. Resolution authorizing the City Manager or his designee to accept a $56,793 grant awarded by the Corporation for National and Community Service for Retired and Senior Volunteer Program (RSVP). (Attachment # 7) b. Ordinance appropriating a $56,793 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program (RSVP). (Attachment # 7) 8. Resolution authorizing the Director of the Corpus Christi - Nueces County Public Health District to execute an Interlocal Cooperation Agreement with the City of Bishop to provide food establishment permitting services within Bishop and to collect all necessary fees. (Attachment # 8) 9. Ordinance authorizing the resale of ten (10) properties for $56,000 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $7,094.98 plus $11,289.01 for partial payment of City paving and demolition liens. (Attachment # 9) 10. 11. a. Motion authorizing the City Manager to enter into an outside city limits water contract with Richard and Beatrice Hinojosa to provide public water to their property located outside the city limits on Jurica Road (CR 37) south of Saratoga Boulevard (SH 357) and east of Old Brownsville Road (FM 665), on Lot 27A, William Robertson Farm Tracts under Section 55-111, Code of Ordinances. (Attachment # 10) b. Motion authorizing the City Manager to enter into a Sanitary Sewer Connection Agreement with Richard and Beatrice Hinojosa until wastewater services are available to the property known as Lot 27A, Williams Robertson Farm Tracts. (Attachment # 10) a. Second Reading Ordinance -Declaring each of the four City- owned properties listed and described in the attached Exhibit "C" as surplus property, three which are narrow in shape and not suitable for building, one that lacks paved access to and from public roads, and all of which are small in area. (First Reading - 04/27/10) (Attachment # 11) `28590 ~12859~. '28592 'J2859~ 2010 10~ 2010 1 02 X28594 Agenda Regular Council Meeting May 11, 2010 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Second Reading Ordinance -Authorizing the sale of each of the four surplus properties listed and described in the attached Exhibit "C" to (1) abutting landowners in the same subdivision, or (2) abutting property owners in proportion to ~ ~ ~ J 9 ~J their abutting ownership; and authorizing the City Manager or his designee to execute the deeds and any related documents necessary to complete the sales and convey the properties. (First Reading - 04/27/10) (Attachment # 11) I. EXECUTIVE SESSIONS: I,,~, ~~ _ ~~~~ ~^ -, PUBLIC NOTICE is given that fhe Ciiy Council may elect to go into - executive session of 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, Chapfer 551 of the Texas Govemment Code, and that the City Council specifically expects fo 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 Act authorizing the executive session will be publicly announced by the presiding office. 12. Executive Session under Texas Govemment 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. 13. Executive Session under Texas Govemment 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. 14. Executive session under Texas Govemment Code Section l M Mi (S'~ ~ ~~1 va ares- rosa 551.071 regarding Cause No. 09-1755-H, N t F i d - ~- ex r en Sabala and Ivon Cruz Quinones, Individually and as 6 y` '~~ ,~ of Joshua Quinones vs. City of Corpus Christi, m the 347th Judicial District, Nueces County, Texas, with possible 2 0 ~ Q discussion and action in open session. 15. Executive session pursuant to Texas Government Code Section i t t th t ~~ ~~~~ C~ e appo n men , e 551.074, Personnel Matters, to delibera employment, evaluation, reassignment, duties, discipline, or al Court Judges with possible discussion f Munici i l di ~ ~~~<~- ~~ ~" J p ssa o sm `~ ~ ~ J 9 and action in open session. Agenda Regular Council Meeting May 11, 2010 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) J. PUBLIC HEARINGS: ZONING CASE: 16. Case No. 0310-05. John Carlisle: A change of zoning from the "B-3" Business District to the "I-2" Light Industrial District resulting in a change of land use from Pet Resort Business to Pet Resort Business with outdoor dog walk area use on property described as a 0.969-acre property located in Laguna Business Center, Block B4, Lot 1, generally located at the northwest comer of the intersection of First National Boulevard and Compton Road, at 1217 First National Boulevard. (Attachment # 16) Planning Commission and Staffs Recommendation: Denial of the "I-2" Light Industrial District and in lieu thereof approval of a "B-3/SP" Business District with a Special Permit; subject to a Site Plan. ORDINANCE Amending the Zoning Ordinance, upon application by John Carlisle, by changing the Zoning Map in reference to 0.969 acres out of Laguna Business Center, Block B4, Lot 1, from "B- 3" Business District to "B-3/SP" Business District with a Special Permit to allow a change in land use from Pet Resort Business to a Pet Resort Business with outdoor dog walk area, subject to a Site Plan; 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. STREET CLOSURE: 17. Public Hearing and F' t Reading O finance to consider abandoning and vac Ing a 61,071-s are foot portion (1. 2 acre tract) of th undeveloped d unsurfaced Sou Oso Parkway dedi ed public rig f-way, out of the otanical Gardens P Unit 4 su ision, and a 5.1 acre tract describ in Volume 235 ,Page 343, of the D ed Records of Nuec County, Texas eing a portion of ection 31, of the La eles Farm Tract ,recorded in Volum 3, Page 15, of the ap Records of N eces County, Tex ,said public right-of- ~~859'7 p b S~~ec~ S~aF~ Agenda Regular Council Meeting May 11, 2010 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) way, bei ocated ad' cent to the South taples Street arm to M et Highw 2444) public ri t-of-way; su ect to com lance with a specified conditi s. (POSTPON UPON ST FF REQU T) (Attachment # ) K. REGULAR AGENDA ~; l~j -- (~ : 0 ~(~'~ CONSIDERATION OF MOTIONS, RESOLUTIONS. AND ORDINANCES: 18. 19. a. Ordinance amending the Code of Ordinances, Section 2-287 regarding membership of Mayor's Fitness Council, to provide for appointment of members by the Mayor with approval of the City Council, and to add two At-Large members for a total of thirteen (13) members. (Attachment # 18) b. Consideration and appointment of members to the Mayor's Fitness Council. (Attachment # 18) a. Ordinance amending the Code of Ordinances, Section 2-233 to increase membership of Clean City Advisory Committee by adding two At-Large members for total membership of eleven (11) members. (Attachment # 19) b. Consideration and appointment of members to the Clean City Advisory Committee. (Attachment # 19) 20. Motion authorizing the City Manager or his designee to execute a construction contract with Progressive Structures of Corpus Christi, Texas, in the amount of $2,040,000 for H. E. B. Pool Complex Replacement for the Base Bid. (BOND ISSUE 2008) (Attachment # 20) 21. First Reading Ordinance -Granting approval to AEP Texas Central Company, for the partial assignment of its franchise to construct, maintain and operate lines and appurtenances and appliances for conducting electricity in, over, under and through the streets, avenues, alleys and public rights-of--way of the City of Corpus Christi, Texas to Electric Transmission Texas, LLC. (Attachment # 21) J'8598 '~>8599 2010 1 04 Agenda Regular Council Meeting May 11, 2010 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 22. Ordinance amending the Code of Ordinances, Section 8, Article II, Solicitatio for Charitable rposes, by ing Section 38-46(i) regulate aggressi panhandling i public area or twe -five (25) feet of n automated er facility, entrance exit of a bank, a ance and exit of eck cashing busin s; providing that a pable mental st is not required; pro ding for penalties; oviding for sever ility; and providing f publication. (Attac ent # 22) 23. Resol n amendi Financial Policies opted by R olution No. 028176 a providing fina al policy d' ction on paration oft a FY 2010-11 Bud et. (Attachme # 23) 24. a. Motion authorizing the improvements to the Convention Center and Selena Auditorium shown on the attached Exhibit "C". (Attachment # 24) b. Resolution relating to establishing the City's intention to reimburse itself in an amount not to exceed $3,000,000 for the prior lawful expenditure of funds from the proceeds of obligations to be issued by the City for authorized purposes relating to the renovation of the Convention Center; and Selena Auditorium; authorizing matters incident and related thereto; and providing an effective date. (Attachment # 24) c. Resolution by the City Council of the City of Corpus Christi, Texas directing publication of notice of intention to issue City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2010 in an amount up to $3,000,000 for the purpose of financing costs associated with making permanent public improvements to the City's Convention Center and Selena Auditorium; complying with the requirements contained in Securities and Exchange Commission Rule 15c2-12; and providing an effective date. (Attachment # 24) d. Motion authorizing the appointment of M. E. Allison & Company, Inc. as financial advisor for the City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2010. (Attachment # 24) Pos-~pon S-l~-f~- ~~,5~~ ~t~~ 5i-~~;~ 2010 1 0~ ~~28f 00 J~8~0~ 2010 1 06 Agenda Regular Council Meeting May 11, 2010 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 25. a. Resol ion author' ' g the City Hager to es lish and ad blended ater rate princi sand Great new publish e class: ended Water. ( achment # b. Resolutio authoriz' g the City anager to otiate and execut a blende water sup agreemen ith Las Brisas Ene y Center, LC. (Attac ent # 25) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 26. Healt and 9 isk M~(agement Clai s Report )ear-to-Date Pe ' d endin Jan 31, 2010 achment 6 M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS 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 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 TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. a FcSi~~vd Cr,~nS ~ ; 2b ~., Agenda Regular Council Meeting May 11, 2010 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) N. CITY MANAGER'S COMMENTS: (NONE) O. ADJOURNMENT: ~p', ~~ ~-1.,~~ 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 May 6, 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. 14. Motion authorizing the City Manager to settle Cause No., 09-1755-H, Mirosalva Mares-Sabala and Ivon Cruz Quinones, Individually and as Next Friend vs. City of Corpus Christi; In the 347th Judicial District Court; Nueces County, ~ ex~aso, for ~ O the total sum of $120,000.00, subject to certification of funds. Z V 15. Ordinance appointing Ray A. Gonzalez and L. Gayle Nelson as part-time Judges of the Municipal Court of Record in the City of Corpus Christi, Texas; determining salary; providing a term of office. ~ ~ ~ rJ 9 SUPPLEMENTAL AGENDA REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD ST. MAY 11, 2010 12:00 P.M. PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act of the following addition to the agenda of the City Council to be considered at the above meeting: K. REGULAR AGENDA 25. a. Resolution authorizing the City Manager to establish and adopt blended water rate principles and create a new publish rate class: Blended Water. (To be considered at approximately 3:00 p.m.) (Attachment b. Resolution authorizing the City Manager to negotiate and execute a blended water supply agreement with Las Brisas Energy Center, LLC. (To be considered at approximately 3:00 p.m.) (Attachment #25) ~~ g ~ ~ 3 POSTING STATEMENT: This supplemental agenda was posted on the City's icial bulletin b and at the front entrance to City Hall, 1201 Leopard Street, at =3© a.m. /~ May 7, 2010. ~~~ ~~~ Armando Chapa City Secretary City Council Goals 2009-2011 QOe~ ~IR~ w ,~, orpus Ghrlslt Economic Development Strategic Plan Coliseum Plan Development Process Improvement Support Public Safety Garwood Water Plan Develop Street Plan Community Pride Sustainability and Renewable Energy ~/ -v cn c~ 0 ~ vi ~, ~~ a to o ~ ~ N ~ ~ ~ ~ ~ cn ~ ~. ~ ~ m ~ ~ O ~ ~ ~ a c~ a ~ ~ cu Z C 3 a c~ .~- ~" ~ . 9 ~ ,n, C ~~- n- O z rn z n m z v a 0 0 rnn G) - c~ r ~O ~ ~ n n ~ ~ C 70 Z ~ C7 C r~ ~_ rn rn~ ~~ z~ ~ ~' cc c~ I~ o i~ ~ z ~ ~ T r oo n ~ ~ ~' ~ o ~ ~ ~ ~ ~ ~ ~' ~ N m o ~ ~ a c~ a ~ ,~ cv V1 tD , ~, ~ N N ~ ~ ~ G. O ~ ~D -z ~D Z ~ ~ . . n ~ Q ~D a ~D '~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N ~ ~ ~ N -~ ~a ~ ~ 0 0 70 rnn G~ - c~ r ~O 70 ~ 00 C 70 n C r~ ~n m= ~o ~~ z =~