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HomeMy WebLinkAboutReference Agenda City Council - 11/09/201011:45 A.M. - Proclamation declaring November 10, 2010 as "Heart Gallery of South Texas Day" Proclamation declaring November 17, 2010 as "GIS Technology is Changing Our World Day" Proclamation declaring the week of November 15-i9, 2010 as "2010 International Education Week" Honorary Citizen Certificates presented to Mr. Mateo Huppertz, Germany; Mr Mikhail Ivanovskiy, Kazakhstan; Mr. Han-Sheng Chang, Taiwan AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL ~ COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 NOVEMBER 9, 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 wiI! be provided an opportunity tv address the Council at approximately 4:00 p. m., or the end of the Caunc!! Meeting, whichever is earlier. Please speak inta the microphone located at the podium and state your name and address. Your presentation w!!! be limited to three minutes. !f you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirlgirse a! Concilio y cree que su figles es Gmitado, habra un int2rprete ingles-espano! en todas las juntas de! COl7C!!!0 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 361-828-3105) 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 been by Pastor Greg Blankenship, Real Life Fellowship, Corpus Christi Campus. C. Pledge of Allegiance to the Flag of the United States. ~ _ ~~~ ~r le D. City Secretary Armando Chapa to call th/e roll of the required Char#er Office . Mayor Joe Adame V Mayor Pro Tem Mark Scott Council Members: Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez 2: °LC~ City Manager ,4ngel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa ~~~~~D Agenda Regular Council Meeting November 9, 2010 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend al the end of the agenda summary) E. MINUTES: Approval of Regular Meeting of October 26, 2010. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: {Attachment # 2) 2. * Advisory Committee on Community Pride * Citizens Advisory Health Board * Landmark Commission * Library Board * Senior Companion Program Advisory Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of fhe agenda items are listed as motions, resolutions, or ordinances. If deemed appropriafe, 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 may be 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. H. CONSENT AGENDA 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 a!! motions, resolutions and ordinances not removed for individual consideration.) Agenda Regular Council Meeting November 9, 2010 Page 3 CITY COUNCIL PRIORITY ISSUE=S (Refer to legend at the end of the agenda summary) 3. Motion approving the purchase of one (1) Series IV tractor- ioader-backhoe from Dogget# Heavy Machinery Services, Ltd., of Corpus Christi, Texas based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, in the amount of $69,779.96. This unit is a replacement to the fleet. Funding is budgeted and available in the Maintenance Services Fund for FY 2010-11. {Attachment # 3) 4. Motion approving the purchase of a wrecker from Grande Truck Center of San Antonio, Texas for the total amount of $61,998. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Governments (H- GAC). The wrecker will be used by the Police Department and is a replacement to the Feeet. Funds have been budgeted by the Police Department in FY 2010-11. (Attachment # 4) 5. Resolution authorizing the City Manager or his designee to submit a grant application to the Texas General Land Office in the amount of $24,149 for costs associated with preparation of the City's required Erosion Response Plan, with a city match of $16,166 in in-kind services, and total project costs of $40,315. (Attachment # 5) 6. Motion authorizing the City Manager or his designee to execute an annual joint funding agreement with the United States Geological Survey {USGS) - U.S. Department of the Interior, to gather and maintain accurate records of all inflows and releases in the reservoir system as per Texas Water Rights Permit No. 3358 and for the continuation of surface water quality data collection by the USGS. The City will contribute an amount of $162,865 out of a total project cost of $201,460 during the federal fiscal year October 1, 2010 through September 30, 2011. (Attachment # 6) 7. Motion authorizing the City Manager or his designee to execute a Jab Order Contract with BarCom Commercial, Inc. of Corpus Christi, Texas in the amount of $60,932.64 for the J.C. Elliott Transfer Station Tipping Fioor Repairs No. 2 Project. +~~~® ~Va ~~~~ ~~s U~882'7 >~ ~. ~o~~ ~~~ (Attachment # 7) Agenda Regular Council Meeting November 9, 2010 Page 4 CITY COUNCIL PRIORITY ISSUES {Refer to legend at the end of tha agenda summary) ~. a. Ordinance declaring City property with legal description of Lots 4, 6, and 8, Block G, Brooklyn Addition, located at 2816 N. Shoreline Boulevard, Nueces County, Texas, as surplus property to enable its sale and disposition. (Attachment # 8} b. Ordinance authorizing the advertisement and publication of Notice of an Offer of Sale of Surplus City Property with legal description of Lots 4, B, and 8, Block G, Brooklyn Addition, located at 2618 N. Shoreline Boulevard, Nueces County, Texas ("the Property"}; authorizing the sale of the Property by sealed bid under Chapter 272 of the Texas Local Government Code; and authorizing the City Manager or his designee to execute a Deed and any related documents necessary to complete the sale and conveyance of the property. (Attachment #8 } 9. Motion approving the application from the Ascension Group, to temporarily close northbound and southbound Shoreline Boulevard between Starr Street and Lawrence Street for the 29`" Annual Harbor Lights Festival and Las Luces del Mar Festival. Street Closure will begin on Friday, December 03, 2010 at 8:00 AM and extend through Saturday, December 04, 2D1D at 11:59 PM. (Attachment # 9) 10. a. Motion to amend prior to second reading, the amended "Ordinance amending 5ectians 36-8 and 36-10, Code of Ordinances, City of Corpus Christi, to prohibit camping on McGee Beach and the Beach, known as either "Corpus Christi Beach" or "North Beach," located on land leased from the General Land Office, and establishing a curfew on portions of "Corpus Christi Beach" or "North Beach" that are adjacent to residential properties; providing for penalties; for severance; and providing for publication," by substituting a revised ordinance.(First Reading- 10/26/10) (Attachment #10 } U2~$28 ~~~~~~~ ~O~U ~~g ~U ~ a ~~o Agenda Regular Council Meeting November 9, 2010 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary} b. Second Reading Ordinance -Amending Sections 36-8 and 36-10, Code of Ordinances, City of Corpus Christi, to prohibit camping on McGee Beach and the Beach, known as either °Corpus Christi Beach" or "North Beach," located on land leased from the General Land Office, modifying the curfew hours applicable to Corpus Christi Beach, Dolphin, and Surfside„„Parks, and establishing a curfew on portions of "Corpus Christi Beach" or "North Beach" that are adjacent to residential properties; providing for penalties; for severance; and providing for publication. (First Reading - 1012fi110} (Attachment # 10} c. Second Reading Ordinance -Amending Section 36-8(c}, Code of Ordinance, City of Corpus Christi, by deleting paragraph {1 ), which authorized camping in designated areas of Corpus Christi Beach Park and making a few editorial corrections; providing far penalties; and providing for publication. (First Reading - 10126110) {Attachment # 10) I. EXECUTIVE SESSION: 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 55i of the Texas Government Code, and that the Clty Council specifically expects to go into executive session on the fo!!owing matters. !n the event fhe 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. 11. Executive session under Texas Government Code Section 551.071 (2) regarding a matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct and under Volume 31 U.S.C. clearly conflicts with the requirements of Chapter 51 of the Texas Government Code. 12. Executive Session under Texas Government Code Section 551.071 Consultation with Attorney, regarding Time Warner Cable franchise provisions regarding public education and government access channels, with possible discussion and action in open session. ~:~~~~30 (}2~83~ Agenda Regular Council Meeting November 9, 2010 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary} J. SPECIAL CONSIDERATION ITEM: 13. Disc ssion and co ideration o appointr~t of a ne~/City C ncil Member. Attachment ~ 13) ~~ K. PUBLIC HEARINGS: ZONING CASES: 14. Case No. 0910-02 Ra E. Smith Jr. - A change of zoning from "F-R" Farm-Rural District to "R-1 B" One-family Dwelling District resulting in a change of land use from afarm-rural use to a one- family dwelling use. The property to be rezoned is described as approximately nine {9} acres of Flour Bluff and Encinal Farm and Garden Tract, Section 21, portions of Lots 6 and 7, located south of Lipes Boulevard, approximately 850 feet west of Airline Road. {Attachment # 14) Planning Commission and Staff Recommendation: Approval of the applicant's request for a change in zoning from "F-R" Farm- Rurai District to "R-1 B" One-family Dwelling District. ORDINANCE Amending the Zoning Ordinance, upon application by Ray E. Smith, Jr., by changing the Zoning Map in reference to approximately nine (9} acres out of Flour Bluff and Encinal Farm and Garden Tract, Section 21, portions of Lots 6 and 7, located south of Lipes Boulevard, approximately $50 feet west of Airline Road, from "F-R" Farm-Rural District to "R-1 B" One-family Dwelling 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. ZONING TEXT AMENDMENT: 15. Public hearing and First Reading Ordinance amending the Corpus Christi Zoning Ordinance by amending Section 27-3.07 relating to dumpster screening; and by adding new Section 27- 3.08 relating to dumpsters at new construction; providing far penalties; providing #or publication; and providing effective dates. (Attachment # 15} ~5~ asp ~e~ 2010 271 ~ir'~~~~ Agenda Regular Council Meeting November 9, 2010 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of She agenda summary) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 16. Port of Carpus Christi Authority Annual Report (To be considered at approximately 2:30 p.m.) (Attachment # 16} 17. Health and Risk Management Claims Report - Quarterly Update, Period Ending July 31, 2010 {Attachment # 17} M. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 18. 19. a. Ordinance appropriating $114,802 from the unreserved fund balance in the No. 5610 Employee Health Benefits-Citicare Fcnd and $30,978 from the unreserved fund balance in the No. 5609 Employee Health Benefits -Police Fund for the first year's operation of an employer-sponsored wellness clinic; changing the FY 2010-2011 Operating Budget adopted by Ordinance No. 028683 to increase appropriations by $145,780. (Attachment # 18} b. Motion approving a service agreement with H2U Wellness Centers, LLC doing business as First Onsite of Nashville, Tennessee for operation of an employer sponsored wellness clinic, in accordance with Request for Proposal BI-0185-10, for a period of three years with options to extend for up to two-additional one-year periods, subject to the approval of the provider and the City Manager or his designee, for a total three-year expenditure of approximately $874,678, of which approximately $145,780 is required for the remainder of FY 2010-2011. This service will be used to provide primary care and wellness services to eligible active employees, retirees, surviving spouses and their eligible dependents. (Attachment # 18) a. Resolution approving the amendments to the City of Carpus Christi, Texas, Business & Job Development Corporation Guidelines and Criteria for granting business incentives, adopted by the Board of Directors, Corpus Christi Business & Job Development Corporation, on October 18, 2010, which recognize non-standard employees. (Attachment # 19} ~~~~~33 ~V~~ 2~~ Dr'~~33~ Agenda Regular Council Meeting November 9, 2010 Page 8 CITY COUNCIL PRIORITY ISSUES {Refer io legend at the end of the agenda summary) b. Resolution amending the City of Corpus Christi Economic Development Incentive Policies 2009-2011 to incorporate the Carpus Christi Business & Job Development Corporation's amended guidelines and criteria for granting business incentives, which recognize non-standard employees. (Attachment # 19) 20. Resolution approving a Business Incentive Agreement for creation and retention of jobs between the Corpus Christi Business and Job Development Corporation and TDL Plastics, L.L.C. ("TDL"), which provides a grant of up to fifty thousand dollars ($50,000) far the relocation and expansion of TDL's Plastics facility within the City of Corpus Christi, in which TDL will invest at least $270,000 in building improvements, furniture, fixtures, and equipmen# and will retain at least eight current full- time jobs and create and maintain at least five new full-time jobs with an average annual salary of at least $70,000 aver afive- year period and authorizing the City Manager or his designee to execute a business incentive project support agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the TDL Plastics, L.L.C., business incentive agreement. (Attachment #20 ) 21. Motion authorizing the City Manager or his designee to execute a construction contract with Bridges Specialties, lnc. of Sandia, Texas in the amount of $158,776.88 for Corban Townhomes Looping Water Main Improvements for the Base Bid. {Water CIP) (Attachment # 21} 22. Motion authorizing the City Manager or his designee to execute a construction contract with Blue Bay Construction, LLC, of Houston, Texas, in the amount of $321,239.30 for Corpus Christi (North) Beach Entry Development and Sidewalks for Base Bid A, Base Bid A-Alternates No. 3 and No. 4, and Base Bid B and Base Bid B-Alternates No. 1 and No. 2. {BOND ISSUE 2008) {Attachment # 22} (:~~5~35 O2~S36 G®~ Q 2010 273 ~~~ Agenda Reguiar Council Meeting November 9, 2010 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer tv legend at the end of the agenda summary) 23. Channel; amending the FY 2x09-2010 Capital Budget, adopted by Ordinance No. 028449, by increasing proposed expenditures and revenues by $881,106.64 each. (Attachment # 23) a. Ordinance approving the transfer of $3,320,106.64 from No. 1111 Reinvestment Zone No. 2 Fund to and appropriating in the No. 3278 Packery Channel Projects TIF #2 Fund for the construction of Packery Channel Phase 2-Parking and Overlooks project and other projects relating to Packery b. Motion authorizing the City Manager or his designee to execute a construction contract with SafeNet Services, LLC of Corpus Christi, Texas in the amount of $2,371,927.61 for Packery Channel, Phase 2 -Parking and Overlooks for the Total Base Bid plus Additive Alternates No. 1 and No. 2. (Attachment # 23} 24. Resoluti approving t formation of Street Mai enance Finan Ad Hoc A isory Committe to develo a street mai enance fundin plan. {Attachme t # 24) N. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:Oa 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 TOPlC. (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. L~<8g3'7 ~~ 10 2?5 ~os~ m~- p~ ~,vee~C. Agenda Regular Council Meeting November 9, 2010 Page 10 CITY COUNCIL PRIORITY ISSUES (Pieter 10 legend at the end of the agenda summary) 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. O. CITY MANAGER'S COMMENTS: {NONE) P. ADJOURNMENT: C~_ ,r!^~ POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 4:30 p.m., on November 4, 2010. Isl Armando Chapa 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. 13. Motion that the Council accept applications for the anticipated vacant City Council position until 5:00 p.m., November 19, 2010, adopt the fallowing schedule, and require that all applications be filed in the Office of the City Secretary which shall include: 1. Application for Appointment to the City Council Form, 2, Resume, 3. City's Report of Financial Information. Srharli iIP November 19, 2010 -Deadline for applications November 23, 2010 -November 29, 2010 -Individual Council Member Review of appiications November 30, 2010 -Closed session to consider applications/appoint in open session or determine if interviews are necessary. 20go 27~ City Council Goals 2010-2011 Bayfront and Downtown initiatives Complete Utility Master Plans ~~ Conservation and Recycling Education Plan Comprehensive Economic Development Approach Street improvement Pfan Development Process Improvement __ ~~!~ Mary Rhodes Pipeline Phase ff Water Plan WAI'~R n~ ~ Sa€e and Healthy Community Initiatives (Gang, Graffiti, and Physical Health Emphasis) Support Continued Military Presence \~/ cn i~ 0 ~ z ~- ~ T r ~ n ~ ~ ~ O d ~ ~ _ ~ ~ m ~. 3 Q ~ a ~ 3 (D ~ cD a ~ ~ N N C? ~ ~. ~ ~ ~ ~ _ ~ ~ ~ '~ O" ' tl '~ ~`~' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ n Z N ITI Z n ~7 m z v n 0 C 3 ca N O 0 mn_ c ~O ~o m {7 n 00 c~ z~ nc ~~ ~ _ m~ ~~ Z ~ O i d (O fD i~ O i~ ~ Z ` ~ 7C r.. W C) ~ v il! cn rr ~ ~ =F ~ N ~ ~ ~ n m O. ~ N Da ~ a N ~ ~ Q O ~ ~ ~ C !D ~ ~ ~D ~i. ,''1 ~ ~ ~ ~ ~ \ ~ ~ a- ~ ~ ~ ~ ~ ~ ~ 7 C \\\ .~ ,n ~`1 v ~ ~ ~ ~ ~ \ ~ \ ~ ~' ~` ~ ~- ~ < \ t9J ~ ~ 0 C co N O C ~o ~m 00 c~ z~ nc ~~ ~ ~ m T=T /~/ A Z ~