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HomeMy WebLinkAboutReference Agenda City Council - 04/12/20118:30 A.M. - Public notice is hereby given that the City Council will meet in Workshop Session on Tuesday, April 12, 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) Utility Services 1 Rates, 2) Capital Budget Overview, 3) Energy Conservation Initiatives, 4) Street Maintenance, and 5) City Auditor position. 11:45 A.M. - Proclamation declaring April 12, 2011 as "National Equal Pay Day" Proclamation declaring the week of April 10 -16, 2011 as "National Crime Victims' Rights Week" Proclamation declaring the week of April 10 -16, 2011 as "National Public Safety Telecommunications Week" Proclamation declaring the month of April 2011 as "Child Abuse Prevention Month" Proclamation declaring April 10 -16, 2011 as "National Volunteer Week" and April 12, 2011 as 'RSVP Third Annual Volunteers Age 90+ Recognition & Induction into the Emeritus Volunteer Guild Day" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 APRIL 12, 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 Concilio y cree que su ingles es llmitado, 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 (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. � � 1 � �. l ° j t ,o Mayor Jeeae - cal[ tTieto order. B. Invocation to be given by Pastor David Kelly, Trinity Worship Center. C. Pledge of Allegiance to the Flag of the United States. a�S D. City Secretary Armando Chapa to call the roll of the require Charter Officers. Mayor Joe Adame Mayor Pro Tern Nelda Martinez Council Members: Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Mark Scott Linda Strong Interim City Manager Margie C. Rose V City Attorney Carlos Valdez V City Secretary Armando Chapa INDOM0 Agenda Regular Council Meeting April 12, 2011 Page 2 CITY COUNCIL. PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Reg oar Meeting of March 29, 2011. (Attachment # 1) LS F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Airport Board * Clean City Advisory Committee * Committee for Persons with Disabilities * Corpus Christi Convention and Visitors Bureau * Retired and Senior Volunteer Advisory Committee * Transportation Advisory Committee * Mayor's Fitness Council * Oil and Gas Advisory Committee * Water Resources Advisory Committee G. EXPLANATION OF COUNCIL ACTION: A 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. CONSENT AGENDA i Notice to the Public 1�- 2 -® jj'h — �7'. IM 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 all motions, resolutions and ordinances not removed for individual consideration.) Agenda Regular Council Meeting April 12, 2011 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3. Motion approving the purchase of one (1) Peterbilt truck tractor and four roll off containers from Rush Truck Center of Houston, Texas for a total amount of $267,490. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The truck tractor and containers are replacements to the fleet and will be used by the Wastewater Department. Funding is available in the FY 2010 -2011 Capital Outlay Budget of the Fleet Maintenance Fund. (Attachment # 3) 4. Motion approving the purchase of ten (10) Ford Fusions from Champion Ford, of Corpus Christi, Texas in accordance with Bid Invitation No. BI- 0077 -11, based on alternate bid for a total amount of $167,990. These units are replacements to the fleet and will be used by the Police Department. Funding is available in the FY 2010 -2011 Capital Outlay Budget of the Fleet Maintenance Fund. (Attachment # 4) 5. Ordinance authorizing the resale of property located at 4602 Surfside Boulevard for $20,000 which was foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $5,041.29. (Attachment # 5) �-1 7. a. Motion authorizing the City Manager to accept $4,290 in donations from event sponsors and registrants for expenses incurred in relation to the Texas Municipal League Region 11 Meeting hosted by the City of Corpus Christi on February 17, 2011. (Attachment # 6) b. Ordinance appropriating $4,290 in donations in the No. 1020 General Fund for expenses incurred in relation to the Texas Municipal' League Region 11 Meeting hosted by the City of Corpus Christi on February 17, 2011; changing the FY 2010- 2011 Operating Budget adopted by Ordinance No. 028683 by increasing revenues and expenditures by $4,290 each. (Attachment # 6) a. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $5,381 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. (Attachment # 7) 201 079 2011 080 029016 2011 081 029017 029018 Agenda Regular Council Meeting April 12, 2011 ' Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. First Reading Ordinance - Appropriating a $5,381 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program. (Attachment # 7) B. Resolution authorizing the City Manager, or designee, to submit a grant application to the 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 # 8) 9. a. Resolution authorizing the City Manager or designee to execute all documents necessary to accept the $100,000 grant from the General Land Office (GLO), Coastal Management Program grant for beach, restroom, and parking access as part of the Corpus Christi Beach Promenade expansion; cash match is $67,000 from voter - approved Bond 2008 funding for Corpus Christi Beach improvements. (Attachment # 9) b. Ordinance appropriating $100,000 from the General Land Office (GLO) Coastal Management Program grant in the No. 1067 Parks and Recreation Grants Fund for beach, restroom, and parking access for the Corpus Christi Beach Promenade expansion. (Attachment # 9) 10. Motion authorizing the City Manager or designee to execute Amendment No. 2 to the Contract for Professional Services with John R. Wright,'Architect, of Corpus Christi, Texas, for a revised fee not to exceed $7,500 for a total contract amount not to exceed $57,300 for the Extend Promenade Northward on Corpus Christi (North) Beach project for additional design phase services. (BOND ISSUE 2008) (Attachment # 10) 11 a. Ordinance authorizing the City Manager or designee to execute a lease agreement with the Buccaneer Commission, Inc. ( "Commission ") for 2011 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. Chaparral Street, up to and including Barge Dock area; during April 21 through May 9, 2011, and areas used for parade routes and paid parade viewing areas, as defined in 029019 029020 029021 2®11 Ogg 02902.2 Agenda Regular Council Meeting '. April 12, 2011 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) the lease agreement; police overtime and (Attachment # 11) provide for Commission paying 50% 100% all other City costs and fees. b. Motion approving a $3.00 admission fee and/or $4.00 for adults (depending on date) and $3.00 per day for seniors, children under the age of 17 and persons with disabilities for Buccaneer Days Festival from April 21, 2011 through May 9, 2011. (Attachment # 11) 12. Motion approving the application from Buccaneer Commission to temporarily close the following street sections for "Buc Days 2011" festivities, to begin Monday, April 18, 2011 through Sunday, May 8, 2011. (Attachment # 12) a. The temporary street North Chaparral Street at 5:00 p.m. Friday, Monday, April 25, 2011. closure of Resaca Street between and Shoreline Boulevard beginning April 15, 2011 through 8:00 a.m. b. The temporary street closure of north and southbound Shoreline Boulevard between Resaca Street and the Art Museum of South Texas and including the barge dock; beginning at 5:00 p.m. Friday, April 15, 2011 through 8:00 a.m. Monday, April 25, 2011. c. In cooperation with the Texas Department of Transportation, the temporary street closure of North Broadway Street, including under US 181 Harbor Bridge, between Fitzgerald Street and Brewster Street for staging of professional rodeo cowboys truck/trailers beginning at 5:00 p.m. Friday, April 15, 2011 through 8:00 a.m. Monday, April 25, 2011. d. The temporary street closure of Fitzgerald Street between North Broadway Street and Mesquite Street for staging of professional rodeo cowboys truck/trailers beginning at 5:00 p.m. Friday, April 15, 2011 through 8:00 a.m. Monday, April 25, 2011. 2011 2011 y e. The temporary street closure of Water Street between Palo Alto Street and Resaca Street beginning at 8:00 a.m. Monday, April 25, 2011 through 5:00 p.m. Tuesday, May 10, 2011. Agenda Regular Council Meeting i April 12, 2011 Page 6 CITY COUNCIL. PRIORITY ISSUES (Refer to legend at the end of the agenda summary) f. The temporary street closure of Fitzgerald Street between North Chaparral Street and Shoreline Boulevard, beginning at 8:00 a.m. Monday, April 25, 2011 through 5.00 p.m. Tuesday, May 10, 2011. g. The temporary street closure of Shoreline Boulevard between Power Street and Resaca Street, and including the seawall, beginning at 8:00 a.m. Monday, April 25, 2011 through 5:00 p.m. Tuesday, May 10, 2011. h. The temporary street closure of Palo Alto Street between Water Street and Shoreline Boulevard, beginning at 8:00 a.m. Monday, April 25, 2011 through 5:00 p.m. Tuesday, May 10, 2011. 13. Motion authorizing the City Manager or designee to execute a construction contract with Facilities Solution Group (FSG), Inc. of Corpus Christi, Texas in an amount not to exceed $1,070,875 for the Selena Auditorium Lighting Control System and Infrastructure project for the Base Bid and Additive Alternate 4. (Attachment # 13) 14. Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Urban Engineering of Corpus Christi, Texas in the amount of $103,900 for Rehabilitation of Lift Stations FY 2011 for the design, bid, construction, and additional services. The two lift stations to be rehabilitated under this contract are: (Attachment # 14) Everhart and Staples Lift Station Padre Island Section 4 Lift Station ir'� a. Ordinance appropriating an Unreserved Fund Balance i n Curb and Gutter Life Cycle changing the FY 2010 -2011 Ordinance No. 028683 t o $447,048. (Attachment # 15) amount of $447,048 from the Fund No. 4300 for the Rolled Replacement FY 2011 Project; Operating Budget adopted by increase appropriations by b. Motion authorizing the City Manager or designee to execute a construction contract with Ti -Zack Concrete, Inc. of Le Center, Minnesota, in the amount of $347,700 for the Rolled Curb and Gutter Life Cycle Replacement FY 2011 Project. (Attachment # 15) 2011 2011 1' 029023 2 087,. Agenda Regular Council Meeting April 12, 2011 Page 7 CITY COUNCIL PRIORITY ISSUES (Defer to legend at the and of the agenda summary) 16. Motion authorizing the City Manager or designee to execute a Real Estate Sales Contract with the Estate of Albert F. Stuchly, et al, for the amount of $89,900 plus $1,500 for closing costs for a total expenditure of $91,400, for purposes of acquisition of Parcel 11 containing .812 acres of land located at the southwest corner of the intersection of U.S. Highway 77 and County Road 52, for proposed street right -of -way improvements in connection with the County Road 52 Street Improvement Project — US 77 to County Road 69, Project #6163, and for other municipal purposes. (BOND ISSUE 2008) (Attachment # 16) 17. a. Motion approving the Grid and Arterial Transmission Main Extension Construction and Reimbursement Agreement submitted by Devary Durrill Foundation, owner and developer of 100 South Padre, Block 1, Lot 1, located east of South Padre Island Drive (SH 358), between Bear Lane and Investment Boulevard, including all related appurtenances. (Attachment # 17) b. Ordinance appropriating $107,557 from the No. 4030 Grid and Arterial Transmission Mains Trust Fund to reimburse Devary Durrill Foundation for the installation of 791 linear feet of 12 -inch water grid transmission main, including all related appurtenances for development of 100 South Padre, Block 1, Lot 1, as specified in the Grid and Arterial Transmission Main �Extenslon Construction and Reimbursement Agreement. (Attachment # 17) im a. Motion approving the Distribution Main Extension Construction and Reimbursement Agreement submitted by North Beach Holding, LLC, owner and developer of Corpus Beach Hotel Addition, Block III, Lot 52A, located south of Hotel Place South, between Surfside Boulevard and Corpus Christi Bay, including all related appurtenances. (Attachment # 18) b. Ordinance appropriating $26,051.75 from the No. 4030 Distribution Mains Trust Fund to reimburse North Beach Holding, LLC for the installation of 695 linear feet of 8 -inch water distribution main, including all related appurtenances for development of Corpus Beach Hotel Addition, Block III, 2011. 088 2011 089 029024 20 o90 029025 Agenda Regular Council Meeting } April 12, 2011 Page S CITY COUNCIL. PRIORITY ISSUES (Refer to legend at the and of the agenda summary) Lot 52A, . as specified in the Distribution Main Extension Construction and Reimbursement Agreement. (Attachment # 18) I. EXECUTIVE SESSION: m, A — v ;'j- 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 551 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. 19. Executive session under Texas Government Code Section 551.071 regarding Cause. No. 2011 -DCV-1 103-C, J.D. Maldonado et al vs. City of Corpus Christi, in the 94th District Court, Nueces County, Texas, with possible discussion and action in open session. 20. Executive session under Texas Government Code Section 551.071 (2) Consultation with Attorney 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 551 of the Texas Government Code. 21 Executive Session under Texas Government Code Section 551.071 for consultation with its attorney regarding Texas Commission on Environmental Quality Notice of Enforcement for the Comprehensive Compliance Investigation (Investigation No. 762159) at Greenwood Wastewater Treatment Facility, located at 6541 Greenwood Drive, at the intersection of State Highway 357 (Saratoga Boulevard) and Greenwood Drive, about 1.5 miles south of South Padre Island Drive, in the City of Corpus Christi (Nueces County), Texas; Regulated Entity No.: RN1 01 61 0400: TCEQ ID No.: WQ00104D1 -003; EPA ID No.: TX0047074, with possible discussion and action in open session. Agenda Regular Council Meeting ' April 12, 2011 Page 9 J. PUBLIC HEARINGS: ZONING CASE: -V5 - +- (D � CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 22. Case No. 0211 -01 Acapulco Restaurant: The applicant is requesting a change of zoning from the "R -1 B" One - family Dwelling District to the "13-1" Neighborhood Business District resulting in a change of future land use from a low- density residential use to a commercial use. The property to be rezoned is Koolside Subdivision, Block 1, Lots 24 & 25, located 500 feet north of McArdle Road along the east side of Dorthy Drive. (Attachment # 22) Staff s Recommendation: Denial of the applicant's request for a change in zoning from the "R -1 B" One- family Dwelling District to the "B -1" Neighborhood Business District. Planning Commission's Recommendation: Denial of the applicant's request for a change in zoning from the "R -1 B" One - family Dwelling District to the "B -1" Neighborhood Business District, and in lieu thereof, approval of the "R- 1B/SP" One - family Dwelling District with a Special Permit and seven (7) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Acapulco Restaurant, by changing the Zoning Map in reference to Koolside Subdivision, Block 1, Lots 24 & 25, located 500 feet north of McArdle Road along the east side of Dorthy Drive, from the "R-113" One- family Dwelling District to the "R -1 BISP" One - family Dwelling District with a Special Permit and seven (7) conditions, not resulting in a change of future land use; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. CONSOLIDATED ANNUAL ACTION PLAN: C_ DBG, ESG, HOME PROGRAMS (To be considered at approximately 1;30 p.m.) 23 029026 a. Public hearing regarding the City of Corpus Christi's proposed FY 2011 -2012 Consolidated Annual Action Plan (CRAP) for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Agenda Regular Council Meeting April 12, 2011 Page 10 CITY COUNCIL, PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Emergency Shelter Grants (ESG) Programs. (Attachment # 23) K. b. Council discussion and possible recommendations on a list of projects 1 activities to be funded. (Attachment # 23). REGULAR AGENDA ? } �C) CONSIDERATION OF MOTIONS, RESOLUTIONS,, AND ORDINANCES: 24. Motion authorizing the City Manager or designee to execute a construction contract with Haas Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $3,817,209 for Up River Road Improvements from IH 37 exit near Rand Morgan Road to IH 37 exit near Crosstown Expressway (inside City limits only) for the Base Bid and Additive Alternate Nos. 1, 2, and 3. (BOND ISSUE 2008) (Attachment # 24) 25.- Ordinance appropriating $10,000,000 in the Unreserved Wastewater Fund Balance to be used for Wastewater Capital Improvement Projects, thus reducing FY 2011 Wastewater Capital borrowings; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 to increase expenditures in Fund No. 4200 by $10,000,000 and transferring to Wastewater Capital Reserves Fund No. 4510. (Attachment # 25) L. PRESENTATIONS: (NONE) 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.) 2011 09l x}29027 + 0 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND Agenda Regular Council Meeting April 12, 2011 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend atthe 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 TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. CITY MANAGER'S COMMENTS: (NONE) O. ADJOURNMENT: L4 2 q POSTING STATEMENT: i This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 3, ( p.m., on April 7, 2011. 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. '1 City Council Goals 2010 -2011 Bayfront and Downtown Initiatives Complete Utility Master Plans 4#* Conservation and Recycling Education Plan Comprehensive Economic Development Approach Street Improvement Plan Development Process Improvement :_ :,„ � Mary Rhodes Pipeline Phase 11 Water Plan WATER �F Safe and Healthy Community Initiatives (Gang, Graffiti, and Physical Health Emphasis) Support Continued Military Presence CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING April 12, 2011 Page of q CONSENT AGENDA. ... 5 a° �- �I Gc.� ! 3 J. Adame A C. Adler L. Elizondo V V/ K. Kieschnick A A. A P. Leal V J. Marez V V N. Martinez V/ M. Scott L. Stron ✓ Iowa= j F - f i Page of q CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING April 12 Page v of L m WIN 1:K. Kieschnick N. Martinez Page v of L