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HomeMy WebLinkAboutReference Agenda City Council - 07/26/201111:45 A.M. - Proclamation declaring July 26, 2011 as "ADA Awareness Day" Proclamation declaring July 30, 2011 as "Feria de [as Flores Day" Proclamation declaring the month of August 2011 as a "No Tie Zone in Corpus Christi, Texas" Swearing -in Ceremony of newly appointed Board, Commission and Committee Members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 JULY 26, 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 mlcrophone 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 tree que su ingles es limitado, habr6 un intdrprete 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. A. Mayor Joe Adame to call the meeting to order. Invocation to be given by Pastor John Valles, Wesley United Methodist Church. C. Pledge of Allegiance to the Flag of the United States.,w D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tern Larry Elizondo, Sr, Council Members: Chris N. Adler Kevin Kieschnick Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott L 1 _a �ij: City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa INDEXED Agenda Regular Council Meeting July 26, 2011 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of July 19, 2011. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Commission on Children and Youth * Leadership Committee for Senior Services 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 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 one (1) boom mower tractor from H & V Equipment Services, Inc., of Corpus Christi, Texas, for the total amount of $134,903.82. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. This unit is a replacement to the fleet 2011 160 Agenda Regular Council Meeting July 26, 2011 Page 3 CITY COUNCIL PRIQRITY ISSUES (Refer to legend at the end of the agenda summary) 4. 5. and will be used by the available in the Storm 2011, (Attachment # 3) Storm Water Department. Funds are Water Operations Budget in FY2010- a. Motion authorizing the City Manager, or designee, to execute a geotechnical services agreement with Kleinfelder, Inc. of Corpus Christi, Texas in an estimated amount not to exceed $93,000 for the J. C. Elliott Landfill Groundwater Monitoring and Sampling Agreement — 2011 -2012. (Attachment # 4) b. Motion authorizing the City Manager, or designee, to execute a geotechnical services agreement with Kleinfelder, Inc. of Corpus Christi, Texas in an estimated amount not to exceed $116,000 for the Cefe Valenzuela Landfill Groundwater Monitoring and Sampling Agreement — 2011- 2012. (Attachment #. 4) a. Ordinance appropriating $45,916.95 in Airport CIP interest earnings as listed in Attachment 1, Section 1, for the City's match for future FAA Grant Projects and for land acquisition for future airport projects; changing the FY 2010 -2011 Capital Improvement -Budget adopted by Ordinance No.. 028995 to increase expenditures by $45,916.95. (Attachment # 5) b. Ordinance appropriating $490,548.91 in Bond Proceeds interest earnings and bonding company settlement proceeds for Bayfront, Public Health and Safety, Library, Museum, Parks, and Streets in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council, and for the payment of debt service; changing the FY 2010 -2011 Capital Improvement Budget adopted by Ordinance No. 028995 to increase expenditures by $490,548.91. (Attachment # 5) c. Ordinance appropriating $932,533.69 in Utility Revenue Bond interest earnings and refunded proceeds from the Texas Department of Transportation as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program; changing the FY 2010 -2011 Capital 2011 2011 0291.43 0291.44 02945 Im Agenda Regular Council Meeting July 26, 2011 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Improvement Budget adopted by Ordinance No. 028995 to increase expenditures by $932,533.69. (Attachment # 5) d. Ordinance appropriating $358,324.41 in Specialty Bond Proceeds interest earnings, and from contributions and donations from Texas Military Loan Proceeds, Packery Channel Tax Increment Financing Bonds, Sales Tax Bonds for the Seawall and Arena, and Generic Capital Improvement Funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military - supported projects, and other related projects as determined by the Type A Board; changing the FY 2010- 2011 Capital Improvement Budget adopted by Ordinance No. 028995 to increase expenditures by $358,324.41. (Attachment # 5) e. Ordinance appropriating $4,839.19 in Older Bond Fund (issued prior to 2006) interest earnings as listed in Attachment 1, Section 5 to expedite the closure of said funds subject to arbitrage; changing the FY 2010 -2011 Capital Improvement Budget adopted by Ordinance No. 028995 to increase expenditures by $4,839.19. (Attachment # 5) f. Ordinance appropriating $417,065.91 in Street Assessments and Street Closures as listed in Attachment 1, Section 6 for the repayment of approved assessment projects; changing the FY 2010 -2011 Capital Improvement Budget adopted by Ordinance No. 028995 to increase expenditures - by $417,065.91. (Attachment # 5) g. Ordinance appropriating $127,977.46 in interest earnings in the No. 4730 Infrastructure Fund as listed in Attachment 1, Section 7 from Developer securities held as the Developers' share of deferred improvements until construction is complete, as required by the Unified Development Code. (Attachment # 5) 6. Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College, which provides a grant of up to $173,223 for an Intern Program to support Small Businesses and authorizing the City Manager or designee to execute a Project Support Agreement with the Corpus Christi Business 0291.46 02914"7 0291.48 0291-49 0291.50 Agenda Regular Council Meeting July 26, 2011 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summery) and Job Development Corporation regarding implementation and administration of the Del Mar College Small Business Incentive Agreement. (Attachment # 6) 7. Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Texas A &M University — Corpus Christi, which provides a grant of up to $190,635 for an Intern Program to support Small Businesses and authorizing the City Manager or designee to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Texas A &M University — Corpus Christi Small Business Incentive Agreement. (Attachment # 7) 8. Resolution approving a Small Business Incentives Agreement 'between the Corpus Christi Business and Job Development Corporation and Acci6n Texas, Inc., which provides grants of up to $400,000 for the Interest Buydown and Grant Programs for Small Businesses 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 Acci6n Texas Small Business Incentive Agreement. (Attachment # 8) 9. Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives (SCORE) Chapter 221, which grants $50,000 in small business incentives for the operation of a program to assist small and start -up businesses in Corpus Christi 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 SCORE Chapter 221 Small Business Incentive Agreement. (Attachment # 9) 10. Motion canceling Council Meeting of August 9, 2011. (Attachment # 10) 29151 0'9152 029:53 2011 163 Agenda Regular Council Meeting July 26, 2011 Page 6 CITY COUNCIL PRIORITY ISSUES (Aefer to legend at the end of the agenda summary) EXECUTIVE SESSION: (NONE) 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. J. PUBLIC HEARINGS: (NONE) K. SPECIAL BUDGET CONSIDERATION ITEMS: PROPOSED CITY QF L e- CRPUS CHRISTI BUDGET FY2011- 2012• d 5 -3, j p 11. a. Second Reading Ordinance — Adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2011; to be filed with the County Clerk; appropriating monies as provided in the budget. (First Reading 07/19/11) (Attachment # 11) b. Second Reading Ordinance — To ratify increase of $1,058,875 in property tax revenues from last year's operating budget as reflected in the 2011 -2012 Operating Budget. (First Reading 07/19/11) (Attachment # 11) PROPOSED REVISIONS TO THE CODE OF ORDINANCES, CHAPTER 39, PERSONNEL: 12. Second Reading Ordinance - Amending Code Of Ordinances, Chapter 39, Personnel, Article III Employee Compensation And Classification System, to revise Section 39 -303 by deleting provision to maintain 5% differential above employees supervised by select positions in Pay Plan 400; to revise Section 39 -304 by adding City Auditor's Office; to revise Sections 39 -329, 39 -332, 39 -345, and 39 -347 regarding vacation leave; to revise Sections 39 -340 and 39 -354 regarding sick leave; to revise Section 39 -366 by adding personal leave hours are- not paid out at termination; repealing all other 0- 291.54 0291.55 0291,56. 0291.57 Agenda Regular Council Meeting July 26, 2011 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the and of the agenda summary) 13. ordinances, and rules, or parts of ordinances and rules, in conflict with this ordinance; providing for effective date. (First Reading 07/19/11) (Attachment # 12) PROPOSED FIEFURATE INCREASE ADJUSTMENTS INCLUDED IN THE PROPOSED FY 2011 -2012 BUDGET: a. Second Reading Ordinance - Amending Sections 55 -50, 55- 54, and 55 -56, Code of Ordinances, City of Corpus Christi, regarding water rates for Fiscal Year 2011 -2012; providing an effective date; and providing for publication. (First Reading 07/19/11) (Attachment # 13) b. Second Reading Ordinance - Amending Sections 12 -108, Code of Ordinances, City of Corpus Christi, regarding Sunrise Beach recreation site rates for Fiscal Year 2011- 2012; providing an effective date; and providing for publication. (First Reading 07/19/11) (Attachment # 13) c. Second Reading Ordinance — Revising the title of Article VII, Chapter 55, Code of Ordinances; amending Section 55.100, Code of Ordinances, City of Corpus Christi, setting the wastewater rates for Fiscal Year 2011 -2012; establishing the procedures for the Fiscal Year 2011 -2012 of the wastewater rates; providing an effective date; and providing for publication. (First Reading 07/19/11) (Attachment # 13) d. Second Reading Ordinance - Amending Section 2 -79 of the Code of Ordinances, by authorizing an annual nonresident Library Fee; providing an effective date; and providing for publication. (First Reading 07/19/11) (Attachment # 13) L. REGULAR AGENDA & A S CONSIDERATION OF MOTIONS RESOLUTIONS AND ORDINANCES: 14, First Reading Ordinance - Providing for the hiring and qualifications of a City Auditor; preserving the Auditor's independence; providing access to City records; determining distribution of audit reports; establishing the powers and duties. thereof; and providing for a peer review. (Attachment # 14) 0201.58 0291 -59 0231.00 0291.61 Agenda Regular Council Meeting July 26, 2011 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 15. a. Resolution determining that a public necessity exists for the acquisition of easements for the Mary Rhodes Pipeline Phase 2 Improvements Project for the public purpose, use and construction of a water pipeline; and authorizing the City Manager, City Attorney and Agents of the City to acquire the easements by means of negotiations or eminent domain, if necessary. (Attachment # 15) b. Motion authorizing the City Manager, or designee, to execute a Legal Services Agreement with Bruce Hawn, Welder Leshin, LLP, to represent the City in environmental services, permits, and land acquisition matters associated with acquisition of Mary Rhodes Pipeline Phase 2 easements, at an hourly rate of $250.00, plus expenses, subject to certification of funds. (Attachment # 15) 16. a. Ordinance appropriating $132,600 from the unreserved fund balance in the No. 1140 Business /Job Development fund for a grant from the Corpus Christi Business and Job Development Corporation to Commercial Metals Company ( "CMC °) for development of a new secondary metal processing facility on Bronco Road within the City of Corpus Christi, in which CIVIC will invest at least $20,000,000 in building improvements, furniture, fixtures, and equipment and will retain at least 39 current full -time jobs and create and maintain at least 12 new full -time jobs with an average annual salary of at least $31,500 over a five year period; changing the FY 2010 -2011 operating budget, adopted by Ordinance No. 028252 by increasing proposed expenditures by $132,600. (Attachment # 16) b. Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation and Commercial Metals Company ("CIVIC"), which provides a grant of up to $132,600, for development of a new secondary metal processing facility on Bronco Road within the City of Corpus Christi, in which CIVIC will invest at least $20,000,000 in building improvements, furniture, fixtures, and equipment and will retain at least 39 current full -time jobs and create and maintain at least 12 new full -time jobs 029162 2 164 0291.69 0291.64 Agenda Regular Council Meeting July 26, 2011 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the and of the agenda summary) with an average annual salary of at least $31,500 over a five year period and authorizing the City Manager or designee, to execute a business incentive project support agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the CMG, business incentive agreement for the creation and retention of jobs. (Attachment # 16) c. Resolution authorizing the execution of an agreement with Commercial Metals Company ( "CMC ") providing for temporary property tax abatement. (Attachment # 16) 17. Discussion and consideration of a date to conduct interviews for the City Auditor position. (Attachment # 17) M. PRESENTATIONS: Public comment will not be solicited on Presentation items. 18. Report an 1 -69 Town Hall Meeting (Attachment # 18) N. PUBLIC COM MENT F 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. & ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. 0291.65 Agenda Regular Council Meeting July 26, 2011 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to 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 CITIZE'N'S FIRST AMENDMENT RIGHTS. 0. CITY MANAGER'S COMMENTS: * Update on City Operations P. ADJOURNMENT: : I POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 3JA6� p.m., on July 21, 2011. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cetexes.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. SUPPLEMENTAL AGENDA REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. JULY 2B, 2011 12:00 P.M. f JUL 2 2 2011 MySj :CR�rs nx 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: H. CONSENT AGENDA 10.1. Z,201 that value -added ervices was a part of t lan- eementforAdmin' ative Services with Hum nsurance manaDental I ranee Company when' s approved on d authorizi he City Manager or de ' nee to amend said lect thos services during the first ar of the Agreement. K. SPECIAL BUDGET CONSIDERATION ITEMS: 10.2. Resolution requiring utilization of a formal application and review process prior to City Council consideration of requests for expenditure of any 0 2 9 15 9 1 5 � available hotel occupancy tax funds for the arts in the Operating Budget for City Fiscal Year 2012 - 2013. . POSTING STATEMENT: This supplemental agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at a.m. /0 July 22, 2011. aLA Armando Chapa City Secretary CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING July 26, 201' CONSENT AGENDA: G Y J. Adame ✓ i/ tQ o C. Adler t�1 e►!l� /' L. Elizondo v ✓ �/ K. Kieschnick V o P. Leal D. Loeb V [\j b J. Marez N. Martinez 1/ ✓ ;� M. Sco Passe tl r ie l p a, Page 1 of CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING July 26, 2011 Page A of A L. Elizondo N. Martinez Page A of A