HomeMy WebLinkAboutReference Agenda City Council - 01/10/201211:45 A.M. - Proclamation declaring the Year of 2012 as "international Year of the Cooperatives"
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
JANUARY 10, 2012
12:00 P.M. ._ - I A ! Do
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 yoq 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 limitado, habrcl un interprete ingles- espafiol en todas las
juntas del Concilio pare 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 46 hours in advance so that appropriate arrangements
can be made.
A. Mayor Joe Adame to call the meeting to order.
1/13. Invocation to be given by Pastor David Lewis, Bayshore Bible Church.
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
Mayor Pro Tem Chris N. Adler
Council Members:
Larry Elizondo, Sr. City Manager Ronald L. Olson `✓
Priscilla Leal V 14 , City Attorney Carlos Valdez �-
David Loeb NZ City Secretary Armando Chapa
John Marez
Nelda Martinez
Marls Scott
INDE50
Agenda
Regular Council Meeting
January 10, 2012
Page 2
E. MINUTES:
1, Approval of Regular Meeting of December 13, 2011.
(Attachment # 1) j M 1 �L
F. BOARDS.& COMMITTEE APPOINTMENTS: (Attachment # 2)
2. * Retired and Senior Volunteer Program Advisory. Committee
* Transportation 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 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. App ropriation of funds for unclaimed monies from the Police
Property Room
Second Reading Ordinance - Appropriating $15,628.25 from 0 2 9 3j 4 0
abandon edlunclaimed monies from the Police Property Room,
changing the FY2011 -2012 Operating Budget adopted by
Agenda
Regular Council Meeting
January 10, 2012
Page 3
Ordinance No. 029155 by increasing revenue and expenditures
in the General Fund No. 1020 by $15,628.25 each. (First
Reading 12/13/11) (Attachment # 3)
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 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.
+ Executive session ursuaptlq Section 5511.W7 A the Texas
Government Code deliberate regar ' g confidential
commercial or Tina a] information recei from a business
prospect that th City Council seeks have locate, stay or
expand withf e City and with w ' h the City is conducting
economic velopment negotiati sand to deliberate possible
offers inancial or other inceoives. to said business prospect.
• Executive session pursuant to Section 551.071 of the Texas
Government Code for consultation with attorneys regarding fire
collective bargaining negotiations with .possible discussion and
action in open session.
Executive session pursuant to Section 551.071 of the Texas
Government Code for consultation with attorneys regarding
Cause No. 8- 11- 6088CV -B styled City of Ingleside, Texas vs.
City of Corpus Christi, Texas presently pending in the 156th
District Court of San Patricio County.
J. PUBLIC HEARINGS:
ZONING CASES:
4. Zoning change for property located at 3813 County Road 69
from commercial to residential
Zonina Case No. 1011 -02 Mosta hasi Investment. Trust; A
change of zoning from the 'CN -1" Neighborhood Commercial
District to the "RS -6" Single - family 6 District, resulting in a
change of future land use from a commercial use to a low
42934.
Agenda
Regular Council Meeting
January 10, 2012
Page 4
density residential use. The property to be rezoned is 7.297
acres out of the east half of Lot 1, Block 2, Nueces River
Irrigation Park, located south of Northwest Boulevard (F.M. 624)
and west of County Road fig. (Attachment # 4)
Planning Commission and Staffs Recommendation: Approval
of the change of zoning to the "RS -6" Single-family 6 District.
ORDINANCE
Amending the Unified Development Code (UDC), upon
application by owner, Mostaghasi Investment Trust, by changing
the UDC zoning map..in reference to 7.297 acres out of the east
half of Lot 1, Block 2, Nueces River irrigation Park, from the
"CN -1" Neighborhood Commercial District to the "RS -6" Single -
family 6 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.
5. Zonina change for -property located at 10355 U12 River Road
without a change of future land use
Zoning Case No. 1011 -03, Elbas Land Development, Ltd.: A
change of zoning from the "RS -6" Single- family 6 District to the
"RS -4.5" Single - family 4.5 District without a change of future
land use. The property to be rezoned is Assessors Map 138 -A,
Block 138 -A, 8.51 acres of Lot 1 and Assessors Map 138 -A,
Block 138 -A 9.24 acres out of Lot 1, south of the intersection of
Up River Road and Wood Creek Drive. (Attachment # 5)
Plannin g Commission and Staffs Recommendation: Approval
of the change of zoning to the "RS -4.5" Single - family 4.5
District.
ORDINANCE
Amending the Unified Development Code (UDC), upon
application by owner, Elbas Land Development, Ltd., by
changing the UDC zoning map in reference to property legally
described as Assessors Map 138 -A, Block 138 -A, 8.51 acres of
Lot 1 and Assessors Map - 138 -A, Block 138 -A, 9.24 acres of Lot
1, from the "RS -6" Single - family 6 District to the "RS -45' Single -
family 4.5 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.
0.2 93 2
Agenda
Regular Council Meeting
January 10, 2012
Page 5
D
19
ADOPTION OF TECHNICAL CODES AND PROPOSED
AMENDMENTS
Code amendment adopting technical construction codes and
proposed amendments
Public Hearing and Second Reading Ordinance — Amending
Chapter 14 of the Code of Ordinances, City of Corpus Christi,
by repealing 'Article II, City of Corpus Christi Technical
Construction Codes and adopting new Article .II, City of Corpus
Christi Technical Construction Codes; adopting the -International
Code Council (ICC), 2009 editions of the International Building
Code, Existing Building Code, Energy Conservation Code, Fuel
Gas Code, Mechanical Code, Plumbing Code, and Residential
Code for one and two family dwellings; adopting the National
Fire Prevention Association (NFPA) National Electrical Code,
2008 edition, as the City's Electrical Code; providing for
penalties; providing for publication; and providing for an
effective date. (First Reading 1216111) (Attachment # 6)
REGULAR AGENDA
CONSIDERATION OF MOTI NS RESOLUTION AND ORDINANCE
7.
3
a
Discussion and consideration of appointment of a new Council
Member. (Attachment # 7)
Purchase of Police Sedans
Motion approving the purchase of thirty -one (31) police package
sedans from Philpott Motors, of Nederland, Texas, in the
amount of $697,101.75. The award is based on the Cooperative
Purchasing Agreement with the Texas Local Government
Cooperative. These units are replacements to the fleet and will
be used by the Police Department and Crime Control. Funding
is available in the FY2011 -2012 Capital Outlay Budget of the
Fleet Maintenance Fund and the Crime Control District Budget.
(Attachment # 8)
Approval of an interlocal cooperation agreement with the City of
Portland for dir)osal of household hazardous waste
Resolution approving an Interlocal Cooperation Agreement with
the City of Portland. for the disposal of household hazardous
waste at the J.C. Elliott Transfer Station for an initial term of one
029343
�Aoi
L( ,
0 " 1 12 ® ®1
u ';
029344
Agenda
Regular Council Meeting
January 10, 2012
Page 6
year, with up to 19 additional one -year renewal periods; and
authorizing execution of the agreement by the City Manager or
designee. (Attachment # 9)
10. Professional services contract for drainage analysis of La Voila
Creek
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 $138,000 for La Voila
Creek Drainage Channel Excavation. (Attachment # 10)
11. Professional services contract to provide drainage solutions in
Oso Creek Basin
Motion authorizing the City Manager or designee to execute a
Contract for Professional Services with Naismith Engineering,
Inc., of Corpus Christi, Texas, in the amount of $667,690 for
Oso Creek Basin Drainage Relief. (Attachment # 11)
12. Construction contract for Staples Street Phase land 2 from
Saratoga to Williams
a. Motion authorizing the City Manager or designee to execute
a Construction contract with Bay, Ltd., of Corpus Christi,
Texas in the amount of $15,081,495.80 for Staples Street
Phase 1 and 2 from Saratoga to Williams for the Base Bid
and Additive Alternates 1, 2, 3, 4, 5, 6 and 7. (BOND 2008)
(Attachment # 12)
b. Motion authorizing the City Manager or designee to execute
a Professional Engineering Materials Inspection and Testing
Contract with Rock Engineering and Testing Laboratory,
Inc., of Corpus Christi, Texas in the amount of $177,441 for
Staples Street Phase 1 and 2 from Saratoga to Williams.
(B OND 2008) (Attachment # 12)
c. Motion authorizing the City Manager or designee to execute
a Construction Management/Inspection Services Contract to
R. H. Shackelford, Inc., of Corpus Christi, Texas in an
amount not to exceed $296,865 for Staples Street Phase 1
and 2 from Saratoga to Williams. (BOND 2008) (Attachment
# 12)
n �� z n
t
Agenda
Regular Council Meeting
.January 10, 2012
Page 7
L. FIRST READING ORDINANCES:
13. AApprogriation for police equipment
First Reading Ordinance -- Appropriating $100,000 from the
unreserved fund balance in the No. 9010 Crime Control District
Fund for "one-time" expenditures in the FY2011 -2012 Operating
Budget and changing the FY2011 -2012 Operating Budget
adopted by Ordinance No. 029155 by increasing appropriations
by $100,000. (Attachment # 13)
14. Approval to abandon and vacate two utility easements for
expansion of H.E.B. Grocery Store (4320 South Alameda)
a. First Reading Ordinance Abandoning and vacating a 342 -
square foot portion (0.007 acres) of a 10400t wide utility
easement out of Alameda Center, Unit 3, Lot 1, located
south of Robert Drive and west of Delano Drive; requiring
the owner, HEB Grocery Company, LP, to comply with the
specified conditions. (Attachment # 14)
b. First Reading Ordinance - Abandoning and vacating a 469 -
square foot portion (0.010 acres) of a 10 -foot wide utility
easement out of Alameda Center, Unit 3, Lot 1, located
south of Robert Drive and west of Delano Drive; requiring
the owner HEB Grocery LP, to comply with the
specified conditions. (Attachment # 14)
15. Approval to abandon and vacate utility easements for .
ex ansion of H.E.B. Grocery Store 4320 South Alameda
a. First Reading Ordinance - Abandoning and vacating a 658 -
square foot portion (0.015 acres) of a 5 -foot wide utility
easement out of Alameda. Estates, Block 2, Lot 3, located
south of Robert Drive and west of Delano Drive; requiring
the owner, HEB Grocery Company, LP, to comply with the
specified conditions. (Attachment # 15)
b. First Reading Ordinance - Abandoning and vacating a 1,450 -
square foot portion (0.033 acres) of a 10 -foot wide aerial
electrical easement out of Alameda Estates, Block 2, Lot 3.,
located south of Robert Drive and ' west of Delano Drive;
requiring the owner HEB Grocery Company, LP, to comply
with the specified conditions. (Attachment # 15)
Agenda
Regular Council Meeting
January 10, 2012
Page 8
c. First Reading Ordinance - Abandoning and vacating a 1,699 -
square foot portion (0.039 acres) of a 5 -foot wide ' utility
easement out of Alameda Estates, Block 2, Lots 7A, 7C, 7D
and 7E, located south of Robert Drive and west of Delano
Drive; requiring the owner, HEB Grocery Company, LP, to
comply with the specified conditions. (Attachment # 15)
d, First Reading Ordinance - Abandoning and vacating a 2,144 -
square foot portion (0.049 acres) of a 10 -foot wide gas
easement out of Alameda Estates, Block 2, Lots 7E and 7F,
and an unplatted tract of land (known as "Lot I" in the
Nueces County Appraisal District Records), located south of
Robert Drive and west of Delano Drive; requiring the owner,
HEB Grocery Company, LP, to comply with the specified
conditions. (Attachment # 15)
16. Approval to abandon and vacate a utility easement at 4331 S. .
Padre Island Drive
First Reading Ordinance - Abandoning and vacating a 3,397.68-
square foot portion (0.078 acres) of an existing utility easement
out of Block 2-A, Lot J, Byron Willis Subdivision; requiring
owner, Vishal Hotel, LP to comply with the specified conditions.
(Attachment # 16)
17. Request for exemption of wastewater acreage fees for propert
located south of FM 2444 and Oso Creek
First Reading Ordinance - Exempting The Coves at L,ago Vista,
Unit 3, Block 2, Lots 21 and 22 from the payment of wastewater
lot and acreage fees pursuant to Section 8.5.2.G,1 of the
Unified Development Code; and the Developer/Owner
to comply with the specified conditions. (Attachment # 17)
M. FUTURE AGENDA ITEMS AND UPDATES TO CITY
COUNCIL: These items are for Council's informational purposes
only. No action will be taken and no public comment will be solicited.
FUTURE AGENDA ITEMS:
18. Lease of a ui ment to maintain beach and beach roadways
Motion approving a supply agreement with Doggett Machinery,
of Corpus Christi, Texas, for the lease of three wheel loaders in
accordance with Bid Invitation No. BI- 0049 -1.2, based on only
Agenda
Regular Council Meeting
January 10, 2012
Page 9
bid, for an estimated twenty -seven month expenditure of
$331,209, of which $73,602 is budgeted for FY2011 -2012. The
term of the agreement shall be for nine months (February-
October) for three consecutive years beginning in 2012.
Funding is budgeted and available in the Parks and Recreation
FY2011 -2012 adopted budget. (Attachment # 18)
19. Purchase of specialized equipment for Homeland Security
purposes
Motion authorizing the purchase of. specialized equipment for a
total amount of $64,415.17 utilizing funds from the 2009
Homeland Security Grant awarded to the City of Corpus Christi
and budgeted in the Fire Grant Fund 1062. (Attachment # 19)
20. Purchase of specialized equipment for Homeland Security
ur oses
a. Motion authorizing the City Manager or designee to accept a
sub -grant in the amount of $95,299 from the Department of
Homeland, Security FEMA for funding eligible under the 2010
Port Security Grant Program (PSGP) grant to purchase law
enforcement equipment for the Police Department.
(Attachment# 20)
b. Ordinance appropriating $95,299 in the No. 1061 Police
Grants fund from the Department of Homeland Security
FEMA for funding eligible under the 2010 Port Security Grant
Program (PSGP) grant to purchase law enforcement
equipment for the Police Department. (Attachment # 20)
21. Professional services contract to improve Brawner Parkwa
draina e
Motion authorizing the City Manager or designee to execute
Amendment No. 6 to the Contract for Professional Services with
LNV Engineering, of Corpus Christi, Texas, in the amount of
$758,964 for a total restated fee of $2,877,767 for the Brawner
Parkway Channel. Improvements associated with the Staples
Street Improvements as follows: (BOND 2008) (Attachment
# 21)
Phase 1 from Brawner Parkway to Barracuda Place
e Phase 2 from Barracuda Place to Go.11ihar
Agenda
Regular Council Meeting .
January 10, 2012
Page 10
22.. Approval of change order_ additional ADA improvements and
project over runs
Motion authorizing the City Manager or designee to execute
Change Order No. 3 with Ti -Zack Concrete, Inc., of Le Center,
Minnesota in the amount of $277,159.23 for the Americans with
Disabilities Act (ADA) Improvements Group 1 project for
additional construction for ADA compliance. and project over
runs on quantities. (BOND 2008) (Attachment # 22)
23. Approval to issue Public Property Finance . Contractual
Obligations for energy efficiency and conservation Rrojects
a. Motion authorizing the appointment of M. E.'Allison & Co.,
I'nc. as Financial Advisor for the City of Corpus Christi, Texas
Public Property Finance Contractual Obligations, Series
2012. (Attachment # 23)
b. Ordinance by the City Council of the City of Corpus Christi,
Texas authorizing the issuance of. "City of Corpus Christi,
Texas Public Property Finance Contractual Obligations,
Series 2012" in an amount not to exceed $8,000,000, levying
an annual ad valorem tax, within the limitations prescribed by
law, for.. the payment of the contractual obligations;
prescribing the form, terms, conditions, and resolving other
matters . incident and related to the issuance, sale, and
delivery of the contractual obligations; authorizing the
execution of a Paying Agent/Registrar .Agreement and a
Purchase and Investment Letter; complying with the
requirements imposed by the Letter of Representations
previously executed with the Depository Trust Company;
delegating the authority to the Mayor and certain members of
the City Staff to execute certain documents relating to the
sale of the contractual obligations; and providing an effective
date. (Attachment # 23)
c. Ordinance appropriating $50,000 from the Unreserved Fund
Balance in the No. 2010 Debt Service Fund for the Fiscal
Year 2011 -2012 debt payment related to the Public Property
Finance Contractual Obligations; and changing the FY 2011-
2012 Operating Budget adopted by Ordinance No. 029155 to
increase appropriations by $60,000. (Attachment # 23)
Agenda
Regular Council Meeting
January 10, 2012
Page 11
24. Award of contr to manaae a City energy efficiency program
a. Ordinance amending the FY 2012 Capital Improvement
Budget adopted by Ordinance No. 029135 adding Project
#E1.1102 Energy Efficiency Conservation Retrofit for Major
City Facilities; increasing revenues and expenditures in the
amount of $7,300,000.00. (Attachment # 24)
b. Motion authorizing the City Manager, or designee, to
execute a Fixed Price Energy Performance . Contract
(Design/Build) with McKinstry Essention, Inc. of Dallas,
Texas, for Energy Efficiency Conservation Retrofit for Major
City Facilities in an amount not to exceed $6,950,000.00
(Project No. El 1102). (Attachment # 24)
FUTURE PUBLIC HEARINGS:
25: ' Zoning change for property located at 2217 Flour_ Bluff Drive
from residential to industrial
Zoning Case No. 0711 -02, Sigifredo Montemayo_r. Achange of
zoning from the "IRS-6" Single- family 6 District to the "IL" Light.
Industrial. District; resulting in a change of future land use. The
property to be, rezoned is Flour Heights, Block 1, Lot 22, located
between Purdue Road.and Division Road_ along the east side of
Flour Bluff Drive. (Attachment # 25)
Planning Commission and Staff's Recommendation: Denial of
i the "IL" Light Industrial District, in lieu thereof, approval of the
"CG -2" General Commercial District with a Special Permit based
on a site plan and (8) conditions.
UPDATES TO CITY COUNCIL:
26. Amendments to Metal Recycling Ordinance (Attachment # 26)
N. PUBLIC COMMENT ON NON - AGENDA OR AGENDA
RELATED MATTERS 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
Agenda
Regular Council Meeting
January 10, 2012
Page 12
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.
0. CITY MANAGER'S COMMENTS:
* Update on City Operations
* Budget Process
* Status of Police Chief Hiring
* Selection of Finance Director and Human Resources
Director
P. ADJOURNMENT: 34q
POSTING STATEMENT:
This agenda was posted on the City's official bullefirl poard at the front
entrance to City Hall, 1201 Leopard Street, at S�Cs p.m.,
on January 5, 2012.
Armando Chapa
City Secretary
NOTE: The City Council Agenda can be found on the City's Horne
Page at www.cctexas.com on the Thursday before regularly
scheduled council meetings. If technical probisms occur, the
agenda will be uploaded on the Internet by the Friday.
7. Motion that the City Council accept applications for the District 1 vacant city council
position until 5:00 pm, January 19, 2012, require that all applications be filed in the
Office of the City Secretary which shall include. Application for Appointment to the
City Council, Resume, and a City's Report of Financial Information and set a
executive session for January 24, 2012 to consider applications.
�� e
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
January 14 2012
CONSENT AGENDA:
Page i of
J. Adame
C. Adler
/
L. Ellzondo
�✓
K. Kmesehm"ek
P. Leal
Vol
D. Loeb
J. Marez
N. Martinez
/
M. Scott
Page i of
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
January 10, 2012
Page _-3
N. Martinez
Page _-3
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
January 10 2012
Page of
N. Martinez
EN Hu�NNNNNu
Page of