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HomeMy WebLinkAboutReference Agenda City Council - 03/08/20118:30 A.M. - Public notice is hereby given that the City Council will meet in Workshop Session on Tuesday, March S. 2011 at 8:30 a.m. in the Council Chambers, 1201 Leopard Street, Corpus Christi, Texas to receive and discuss an FY 2012 Budget briefing on the following topics: 1) f=unction and duties of Island Strategic Action Committee, 2) Budget Decision Packages for Zero Based Budgeting, 3) Privatization / Reorganization Efforts. 11:45 A.M. - Proclamation declaring Saturday, March 12, 2011 as "Fiesta Fitness — Jump With Jill Day" Proclamation declaring the month of March 2011 as "American Red Cross Month" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 MARCH 8, 2011 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 al Concillo y tree que su ingl6s es limitado, habra un interprete Ingles- espanoi en Codas las juntas del Concillo 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 (at 369 -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 Chaplain Lynne Blackler, Christus Spohn Health System. l/ 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 Nelda Martinez Council Members. / Chris N. Adler Interim City Manager Margie C. Rose ✓ Larry Elizondo, Sr. City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal John Marez Mark Scott Linda Strong Agenda Regular Council Meeting March 8, 2011 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Special Meeting of February 19, 2011 and Regular Meeting of February 22, 2011. (Attachment # 1) .� j N L as ac nc r, I J F. BOARDS & COMMITTEE APPOINTMENT : chment # 2) 2. * Food Service Advisory 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 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 adapted 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.) i 3. Motion approving the lease purchase of two (2) side loading refuse trucks, one (1) rear steer brush truck and one (1) self loader brush truck from the following companies for the following amounts for a total amount of $927,901.65 of which $16,673.18 is funded in FY 2010 -2011. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). All units are r -- 201 055 Agenda Regular Council Meeting March 8, 2011 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) replacements to the fleet and will be used by the Solid Waste Department. Financing for the equipment will be provided through the City's lease- purchase financing program. (Attachment # 3) Flush Truck Centers of Texas, LP Southwest International Trucks, Inc. Buda, Texas Arlin1ton, Texas Line Item 1 Line Items 2 & 3 2 -side loading refuse trucks i rear steer brush truck & 1 self $660,432.00 loader brush truck $2$7,469.65 Grand Total: $927,901.65 4. Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG -11 -1 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $127,232.75. The terms of the contracts shall be for six months with options to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or designee. Funds are available through the Meals on Wheels and Elderly Nutrition Grants. (Attachment # 4) LaBatt Food Service Performance Food Group Corpus Christi, Texas Victoria Texas 94 Line Items 89 Line Items $70,388.37 $56,844.38 Grand Total: $127,232.75 5. Resolution authorizing the submission of a grant application in the amount of $78,527.36 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit, with a City match of $16,711.48, and $4,000 in -kind services, for a total project cost of $99,238.84 and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. (Attachment # 5) 029974 Agenda Regular Council Meeting March 8, 2011 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6. Resolution authorizing the submission of a grant application in the amount of $100,964.38 to the State of Texas, Criminal Justice Division for funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family C j rD Violence Unit with a City match of $40,906.69, and $7,200 in- kind services, for a total project cost of $149,071.07 and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. (Attachment # 6) 7. a. Ordinance approving the assignment of a Farm Lease Agreement at the Airport with Pat McDonough, Jr. to Matt City Manager designee to 028976 Danysh authorizing the or execute the assignment and assumption agreement between all parties. (Attachment # 7) b. Ordinance authorizing the City Manager or designee to ratify an amendment to the Farm Lease Agreement with Matt Danysh, regarding types of permissible crops and to revise 028977 the rental payments from $55 per acre to $27.50 per acre plus 25% of gross receipts on harvested crops. (Attachment # 7) 8. Ordinance authorizing the City Manager or designee to execute an amendment to the Airport In- Terminal Advertising Concession Agreement with In- Ter -Space Services, Inc., dlbla Clear Channel Interspace Airports ( "Concessionaire ") to amend definition of gross receipts to exclude Concessionaire's printing 028978 and other brochure costs and include amounts paid by third - party advertisers for brochure production and distribution within the airport terminal, ratifying effective date of January 1, 2011. (Attachment # 8) 9. a. Resolution authorizing the City Manager or designee to accept a cash donation in the amount of $10,869.57 from the 028979 Vera Searcy McGonigle Estate for the support of the Corpus Christi Museum of Science and History. (Attachment # 9) b. Ordinance appropriating $10,869.57 from the Vera Searcy McGonigle Estate into the No. 1020 General Fund for the Science 028980 support of the Corpus Christi Museum of and Agenda Regular Council Meeting March 8, 2011 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) History; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 to increase revenues and expenditures by $10,869.57 each. (Attachment # 9) 10. Resolution nominating Flint Hills Resources, LP, to the Office of the Governor Economic Development & Tourism, through the Economic Development Bank, for designation as a double jumbo enterprise project, under the Texas Enterprise Zone Program under the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code. (Attachment # 10) 11. Motion authorizing the City Manager or designee to execute a Construction Contract with Malek, Inc., of Corpus Christi, Texas, in the amount of $635,220 for the City/County Health Department Facility Rehabilitation for the Total Base Bid. (BOND ISSUE 2008) (Re -Bid) (Attachment # 11) 12. a. Ordinance abandoning and vacating a 10 ,541.52- square foot portion (0.242 acre) of an existing 15 -foot wide utility easement out of Lexington Industrial Center, crossing a portion of Lots 23 and 30, located south of the South Padre Island Drive (SH 358), state right -of -way; requiring the Owner, Wal -Mart Stores Texas, L.P., to comply with the specified conditions. (Attachment # 12) b. Ordinance abandoning and vacating a 10,715.76- square foot portion (0.246 acre) of an existing 10 -foot wide utility easement out of Lexington Industrial Center, crossing a portion of Lots 19, 23, and 30, located south of the South Padre Island Drive (SH 358), state right -of -way; requiring the Owner of Lot 19, Wal -Mart Real Estate Business Trust and the Owner of Lots 23 and 30, Wal -Mart Stores Texas, L.P., to comply with the specified conditions. (Attachment # 12) c. Ordinance abandoning and vacating a 9,757.44- square foot portion (0.224 acre) of an existing 7.5 foot wide utility easement out of Lexington Industrial Center, crossing a portion of Lots 23 and 30, and lying 7.5 feet from the west property line of Lot 23, located south of the South Padre Island Drive (SH 358) state right -of -way; requiring the Owner, Wal -Mart Stores Texas, L.P., to comply with the specified conditions. (Attachment # 12) 028981 ��89�2 Agenda Regular Council Meeting March 8, 2011 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda sunmaty) d. Ordinance abandoning and vacating a 6,098.40- square foot (0.140 acre) being all of an existing 7.5 -foot wide utility easement out of Lexington Industrial Center, crossing a portion of, and abutting the west property line of, Lot 23, 028985 located south of the South Padre Island Drive (SH 358), state right -of -way; requiring the owner, Wal -Mart Stores Texas, L.P., to comply with the specified conditions. (Attachment # 12) e. Ordinance abandoning and vacating a 8,276.40- square foot parcel, (0.190 acre), being all of an existing 10 -foot wide access easement, and a 400 - square foot parcel, being all of an existing 20 X 20 foot wide utility easement, both out of Lexington Industrial Center, crossing a portion of, and 028986 abutting the east property line of Lot 19, located south of the South Padre Island Drive (SH 358) state right -of -way; requiring the Owner, Wal -Mart Real Estate Business Trust, to comply with the specified conditions. (Attachment # 12) f. Ordinance abandoning and vacating a 5,357.88- square foot portion (0.123 acre) of an existing 5 -foot wide water line easement out of Lexington Industrial Center, crossing a portion of Lots 19, 23, and 30, located south of the South r 8 g Padre Island Drive (SH 358), state right -of -way; requiring the Owner of Lot 19, Wal -Mart Real Estate Business Trust and the Owner of Lots 23 and 30, Wal -Mart Stores Texas, L.P., to comply with the specified conditions. (Attachment # 12) g. Ordinance abandoning and vacating a 958.32- square foot portion (0.022 acre) of an existing 15 -foot wide utility easement out of Lexington Industrial Center, crossing a portion of, and abutting a portion of the west property line of, Lot 26R, located south of the South Padre Island Drive (SH 028988 358), state right -of -way; requiring the Owner, Wal -Mart Real Estate Business Trust, to comply with the specified conditions. (Attachment # 12) h. Ordinance abandoning and vacating a 10,105.92- square foot portion (0.232 acre) of an existing 7.5 -foot wide utility easement out of Lexington Industrial Center, being a portion of lots 23, 24, 25, 26R and 30 located south of the South 029989 Padre Island Drive (SH 358) state right -of -way; requiring the Owner of Lots 24, 25 and 26R, Wal -Mart Real Estate Agenda Regular Council Meeting March 8, 2011 Page 7 Business Trust and th e Stores Texas, L.P., to (Attachment # 12) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the and of the agenda summary) Owner of Lots 23 and 30, Wal -Mart comply with the specified conditions. 13. Ordinance authorizing the City Manager or designee to execute an amendment to the MMD Communications agreement regarding the 2011 Boat Show event at Peoples Street T -Head, to amend term from ten days to eight days (April 4 through April 11, 2011) and rent fees from $30,000 to $18,000. (Attachment # 13) 14. Motion approving the temporary street closures of the Peoples Street T -head and the northbound lanes of Shoreline Boulevard (including the medians) from the north curb line of Schatzel Street to the south right -of -way of Taylor Street, beginning at 6:00 a.m. on Monday, April 4, 2011 and ending at 5:00 p.m, on Monday, April 11, 2011, for the Texas International Boat Show, pending the applicant MMD Communications' timely submittal, and the City's receipt, of the required Certificate of Insurance. (Attachment # 14) 15. First Reading Ordinance - Amending Section 53 -255 of the Code of Ordinances to decrease the speed limit on Whitecap Boulevard between Park Road 22 and Windward Drive, from 40 mph to 35 mph at all times, providing for penalties; and providing for publication. (Attachment # 15) 16. First Reading Ordinance - Amending Section 53 -254 of the CodZa antes to in ase the speed li on Yorkto Boulween We r Road and 1=ve art Road fr 35 mph ph a I times, provid' for p enalti s; and prow ublic ion, (Attachment # 6) 17. a. First Reading Ordinance - Amending Section 53 -254 of the Code of Ordinances to adjust the boundary of the 35 mph speed limit zone on North and South Shoreline Boulevard to be from Craig Street to Power Street, 35 MPH at all times, providing for penalties; and providing for publication. (Attachment # 17) 029990 2011 ®58 Fa,jecl Agenda Regular Council Meeting March 8, 2011 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. First Reading ordinance - Amending Section 53 -255 of the Code of Ordinances to decrease the speed limit on Shoreline Boulevard from Power Street to the end of the roadway fronting the Art Museum of South Texas; from 35 MPH to 20 MPH at all times, providing for penalties; and providing for publication. (Attachment # 17) I. EXECUTIVE SESSION: 1.112- * 4?_ 1 '. S5 P__� 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 559 of the Texas Government Code, and that the City Council specifically expects to 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. 18. Executive Session pursuant to Texas Government Code Section 551.071 regarding City of Corpus Christi, Texas vs. Friends of the Coliseum et al, Cause No. 2010 -DCV- 6004 -E, in the 148th District Court of Nueces County, with possible discussion and action in open session. 19. Executive session pursuant to Texas Government Code Section 551.074 (a) to deliberate the appointment of a City Manager with possible discussion and action in open session. J. PUBLIC HEARINGS: ZONING CASES: ', �-2 - a J 4 20. Case No. 0211 -04 J & G Armadillo Bookkee in . The applicant is requesting a change of zoning from the "A -2" Apartment House District to the "AB" Professional Office District resulting in a change of future land use from a medium - densi residential use to a professional office use. The property to be rezoned is Paul Court, Block 13, Lot 12, located at the southwest intersection of Lipan Street and Josephine Street. (Attachment # 20) (T e, VY)0+LGV\_) FY-L [as+ p4--c), 2011 059 Planning Commission and Staff`s Recommendation: Approval of the applicant's request for a change of zoning from the "A -2" Apartment House District to the "AB" Professional Office District. Agenda Regular Council Meeting March 8, 2011 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ORDINANCE Amending the Zoning Ordinance, upon application by J & G Armadillo Bookkeeping, by changing the zoning Map in reference to Paul Court, Block 13, Lot 12, located at the southwest intersection of Lipan Street and Josephine Street, from the "A -2" Apartment House District to the "AB" Professional Office District, resulting in a change of future land use from a 028991 medium - density residential use to a professional office use; 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. K. REGULAR AGENDA ' zo - .� a ..,,##.. 3 i5- � rnhicinronrinni nC nMnTinrva CIC�ni IITIAArC ©Arrf�fStin &C Q. ' 21. Resolution honoring Angel R. Escobar, (To be oansidered 8t ) 2 � approximately 12.00 p.m.) (Attachment # 21) ,9 92 ' 22. Resolution adopting a City of Corpus Christi Civility Accord. (Attachment # 22) 1 028993 23. a. Motion authorizing the City Manager or designee to execute a construction contract with Texas Sterling Construction Company of Houston, Texas in the amount of $6,313,253.50 2 0 1 1 O for Staples Street Phase 2 from Barracuda Place to Gollihar Road for the Total Base Bid. (BOND ISSUE 2008) (Attachment # 23) b. Motion authorizing the City Manager or designee to execute Bid Alternate Nos. 1 and 4 with Texas Sterling Construction Company of Houston, Texas In the amount of $70,000 for 201 061 Staples Street Phase 2 from Barracuda Place to Gollihar Road, subject to the execution of an agreement with Wal- Mart. (Attachment # 23) c. Motion authorizing the City Manager or designee to negotiate and execute an agreement with Wal -Mart for the City to phase construction under Bid Alternate Nos. 1 and 4 2 06 (to complete the section of work from Carmel Parkway to Everhart Road by October 14, 2011), (Attachment # 23) Agenda Regular Council Meeting March 8, 2011 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) d. Motion authorizing the City Manager or designee to execute Amendment No. 3 to the Contract for Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of $94,754 for a total revised contract amount of $2,064,127 for Staples Street Phase 1 from Brawner to Barracuda and Staples Street Phase 2 from Barracuda Place to Gollihar Road for construction observation services for Phase 2 from Barracuda Place to Gollihar Road. (Attachment # 23) e. Motion authorizing the City Manager or designee to execute an Agreement for Construction Materials Testing and Engineering Services with Tolunay -Wang Engineers, Inc., of Corpus Christi, Texas in the amount of $88,270 for Staples Street Phase 2 from Barracuda Place to Gollihar Road. (Attachment # 23) 24. Resolution initiating the City Council's review and implementation of revised policies to govern the adoption of the City's Capital Improvement Plan and use of the commercial paper program. (Attachment # 24) 25. Second Reading Ordinance — Approving the FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of $173,982,100. (First Reading — 02122111) (Attachment # 25) L. PRESENTATIONS: 7 i, ] -� • - �4: 32— Public comment will not be solicited on Presentation items. 26. Update Report on Texas Commission on Environmental Quality (TCEQ) and Agency for Toxic Substances and Disease Registry (ATSDR) Field Testing in Hillcrest /Dona Park Area (Attachment # 26) 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, 028995 q'. U 5 - 44: 2 -- (D Y--w- Agenda Regular Council Meeting March 8, 2011 Page 11 please present it to the City Secretary.) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. N. CITY MANAGER'S COMMENTS: (NONE) C 0. ADJOURNMENT: �t POSTING STATEMENT: This agenda was posted on the City's official bulleti board at the front entrance to City Hall, 1201 Leopard Street, at , p.m., on March 3, 2011. 66-- Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.ectexas.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. 19. Motion appointing Ronald L. Olson to position of City Manager of the City of Corpus Christi contingent upon a mutually acceptable employment contract to be negotiated by the Mayor and Council Members Larry Elizondo and Nelda Martinez and approved by the City Council. City Council Goals 2010 -2011 Bayfront and Downtown initiatives Complete Utility Master Plans Conservation and Recycling Education Plan Comprehensive Economic Development Approach Street Improvement Plan Development Process -improvement s Mary Rhodes Pipeline Phase 11 Water Plan Safe and Healthy Community - I-nitiatives. - .... (Gang, Graffiti, and Physical Health Emphasis) Support Continued Military Presence CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING March 8, 2011 CONSENT AGENDA: Ila- ` � `� �5 � 7 J [ o � 1 [to ..................... J. Adame ✓ ' A ✓ C. Adler V / V� n L. Elizondo f K. Kieschnick P. Leal 0 p J. Marez r/ ✓ N. Martinez V ✓ - so V,o M. Scott ,/ 7 L. Strona D Page l of 2- CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING March 8, 2411 as a�, �cL Page ' - of