HomeMy WebLinkAboutReference Agenda City Council - 01/17/201211:45 A.M. - - declaring January 17, 2012 as "Coastal Bend Coalition Against Modern Day
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AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY. HALL - COUNCIL CHAMBERS
1201 LEOPARD ST.
CORPUS CHRISTI, TEXAS 78401
JANUARY 17, 2012
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 wiN 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 ConciNo y tree quo su inglds es limitado, habrd un intdrprete ingt6s- espanol on 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.
B. Invocation to be given by Pastor Kenneth Mutchler, Immanuel Fellowship.
C. Pledge of Allegiance to the Flag of the United States. j, Mo ve_2---
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Joe Adame
Mayor Pro Tem Chris N. Adler
Council Members:
Larry Elizondo, Sr.
Priscilla Leal
David Loeb
John Marez
Nelda Martinez
Mark Scott
City Manager Ronald L Olson v. V
City Attorney Carlos Valdez
City Secretary Armando Chapa �
INDEXED
Agenda
Regular Council Meeting
January .17, 2012
Page 2
E. MINUTES:
1. Approval of Regular Meeting of January 10, 2012. (Attachment
#1)
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
2. Corpus Christi Aquifer Storage and Recovery
Conservation District
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 subse.quent'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. Lease of equipment 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 -12, based on only
bid, .for an estimated twenty -seven month expenditure of
$331,209, of which $73,602 is budgeted for FY2011 -2012. The
Agenda
Regular Council Meeting
January 17, 2012
Page 3
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 # 3)
4. 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 # 4)
5. Purchase of specialized equipment for Homeland Security
p urp o se s
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 # 5)
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 # 5)
6. Professional services contract to improve Brawner Parkwav
drains e
Motion authorizing the City Manager or designee to execute
Amendment No. 6 to the Contract for Professional Services with
L.NV 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 #
6)
��W' R
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• Phase 1 from Brawner Parkway to Barracuda Place
• Phase 2 from Barracuda Place to Gollihar
Agenda
Regular Council Meeting
January 17, 2012
Page 4
7. Approval of change order additional ADA improvements and
roiect 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 2006) (Attachment # 7)
S. Appropriation for „police equipment
Second 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. (First Reading 1/10/17) (Attachment # S)
9. Approval to abandon and vacate two utility easements for
expansion of H.E,B. Grocery Store (4320 South Alameda)
a. Second Reading Ordinance Abandoning and vacating a
342 - square foot portion (0:007 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 Company, LP, to comply with the
specified conditions. (First Reading 1/10/12) (Attachment
# g)
b. Second Reading Ordinance - Abandoning and vacating a
489- 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 Company, LP, to comply with the
specified conditions. (First Reading 1/10/12) (Attachment
# 9)
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Regular Council Meeting
January 17, 2012
Page 5
10. A roval to abandon and vacate four utility easements for
expansion of H.E.B. Grocery Store (4320 South Alameda
a. Second 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. (First Reading 1/10/12) (Attachment
# 10)
b. Second 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. (First Reading
1/10/12) (Attachment # 10)
c. Second Reading Ordinance - Abandoning and vacating a
1,699- square foot portion (0.039 acres) of a 5 -foot wide
utility easement 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. (First Reading
1/10/12) (Attachment # 10)
d. Second 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 (!mown 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. (First Reading 1/10/12) (Attachment # 10)
11. Approval to abandon and vacate a utility easement at 4331 S.
Padre Island Drive
Second 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. (First Reading 1/10112) (Attachment # 11)
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Regular Council Meeting
January 17, 2012
Page 6
12. Request for exemption of wastewater acreage fees for Qrol?e
located south of FM 2444 and Oso Creek
Second Reading Ordinance - Exempting The Coves at Lago
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 requiring the
Developer /Owner to comply with the specified conditions. (First
Reading 1/10/12) (Attachment # 12)
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 under Sections 551.071 and 551.072, Texas
Government. Code, for legal advice on a matter in which the
duty of the attorney to the governmental body under the Texas
Disciplinary Rules .of Professional Conduct of the. State Bar of
Texas, which clearly conflicts with the Texas Open Meetings
Act, and deliberations regarding the value or lease of real
property, with possible discussion and action in open session.
• Executive session under Section 551.072, Texas Government
Code, for deliberations regarding the value or lease of real
property, with possible discussion. and'action in open session.
• Executive session pursuant to Section 551.087 of the Texas
Government 'Code to deliberate regarding confidential
commercial or financial information received from a business
prospect that the City. Council seeks to have locate, stay or
expand within the City and with which the City is conducting
economic development negotiations and to deliberate possible
offers of financial or other incentives to said business prospect.
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Agenda
Regular Council Meeting
January 17, 2012
Page 7
J. PUBLIC HEARINGS:
ZONING CASES:
13. Zoning change for pro located at 2217 Flour Bluff Drive
from residential to industrial
Zoning Case No. 0711 -02, Sigifredo Montemayor: A change of
zoning from the ".RS -6" Single - family 6 District to the "IL" Light
Industrial District. The property to be rezoned is Flour Heights,
Block 1, Lot 22, located along the east side of Flour Bluff Drive
and approximately 320 feet north of the Purdue Road
intersection. (Attachment # 13)
Planning Commission and Staff's Recommendation: Denial of
the "IL" Light Industrial District, in lieu thereof, approval of the
"CN -1" Neighborhood Commercial District with a Special Permit
subject to eight (8) conditions.
ORDINANCE
Amending the Unified Development Code (UDC), upon
application by Sigifredo Montemayor, by changirig the UDC
zoning map in reference to Flour Heights, Block 1, Lot 22, from
the "RS -6 Single- Family 6 District to the "CN -11SP"
Neighborhood Commercial District with a Special Permit and
subject to eight (8) conditions, amending the Comprehensive
Plan to account for any deviations from the existing
Comprehensive Plan; providing a repealer clause; providing a
penalty; and prodding for publication.
K.. REGULAR AGENDA
CONSIDERATION OF MOTIONS RESOLUTIONS AND ORDINANCES:
14. Approval to issue Public Property Finance Contractual
Obligations for energy efficiency and conservation grojects
a. Motion authorizing the appointment of M. E. Allison & Co.,
Inc. as Financial Advisor for the City of Corpus Christi, Texas
Public Property Finance Contractual Obligations, Series
2012. (Attachment # 14)
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Agenda
Regular Council Meeting
January 17, 2012
Page 8
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
1 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;
I 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 # 14)
c. Ordinance appropriating $60,000 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 # 14)
15. Award of contract to manage a City energy.gffigiency program
a, .Ordinance amending the FY 2 Capital Improvement
Budget adopted by Ordinance No. 029135 adding Project
#E11102 Energy Efficiency Conservation Retrofit for Major
City Facilities; increasing revenues and expenditures in the
amount of $7,300,000.00, (Attachment # 15)
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. E11102). (Attachment # 15)
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Regular Council Meeting
January 17, 2012
Page 9
L. FIRST READING ORDINANCES:
16. First. Reading Ordinance — Amending Chapter 26, Code of
Ordinances, City of Corpus Christi, Metal Recyclers, by revising
several sections in said article to provide for expanded
definitions; more. offenses and penalties; providing for
publication. (Attachment # 16)
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:
17. Approval of Professional. Architectural Services Contract to
construct a Public Safety Warehouse for Police Department
a. Ordinance appropriating $500,000 from the Unreserved
Fund Balance in the No. 1020 General Fund for a new
Public Safety Warehouse Building for the Police Department;
authorizing the transfer of $500,000 from the No. 1020
General Fund to and appropriation in the No. 3350 Public
Health -and Safety Capital Improvement Project Fund; and
changing the FY2011 -2012 Operating Budget adopted by
Ordinance No. 029155 to increase appropriations by
$500,000. (Attachment # 17)
b. Ordinance changing the FY2011 -2012 Capital Budget
adopted by Ordinance No, 029135 by increasing
appropriations by $500,000 for a separate Public Safety
Warehouse Building Project for the Police Department.
(Attachment # 17)
c. Motion authorizing the City Manager or designee to execute
a Professional Services Contract with LaMarr Womack and
Associates, L.P., of Corpus Christi, Texas, in the amount of
$147,141 for the Public Safety Warehouse (Police) Project.
(Attachment # 17)
Agenda
Regular Council Meeting
January 17, 2012
Page 10
18. Approval of materials testing agreement for Airline Road
Motion authorizing the City Manager or designee to execute a
construction materials testing contract with Rock Engineering
and Testing Laboratory, Inc., of Corpus Christi, Texas in the
amount of $65,492 for Airline Road from Saratoga Boulevard to
Rodd Field Road. (Bond 2008) (Attachment # 18)
19. Approval of remodel and upgrade of filter building at O.N.
Stevens Water Treatment Plant
a. Motion authorizing the City. Manager or designee to execute
a construction contract with Barcom Commercial Inc. of
Corpus Christi, Texas in the amount of $3,172,000 for the 0.
N. Stevens Water Treatment Plant Facility Alterations for the
.addition to and remodel of the existing Filter. Building Facility.
(Attachment # 19)
b. Motion authorizing the City Manager or designee to execute
a Project Management and Inspection Services Contract
with ALCM, Inc. of Corpus Christi, Texas in the amount of
$137,606 for the O.. N. Stevens Water Treatment ' Plant
Facility Alterations. (Attachment # 19)
20. Approval of construction contract for air transmission main and
flood protection for Greenwood Wastewater Treatment Plant
Motion authorizing the City Manager or designee to execute a
construction contract with Associated Construction Partners
LTD of Boerne,' Texas in the amount of $452,900 for the
Greenwood Wastewater Treatment Plant Improvements 2011
for Part A Air Transmission Main Re- Routing and Part B
Electrical Control Room. (Attachment # 20)
UPDATES TO CITY COUNCIL:
21. Redistricting Plan (Attachment # 21)
22. Regional Parkway Update (Attachment # 22)
23. Discussion Regarding Remaining Proceeds from Bond 2008,
Including Manshiem and Helen Street Projects (Attachment #
23)
Agenda
Regular Council Meeting
January 17, 2012
Page 11
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
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.
O. CITY MANAGER'S COMMENTS:
Update on City Operations
P. ADJOURNMENT. j:'y-.Lj
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front
entrance to City Hall, 1201 Leopard Street, at p.m.,
on January 12, 2012,
Armando Chapa
City Secretary 1"�'�
Agenda .
Regular Council Meeting
January 17, 2012
Page 1.2
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,
I
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
January 17, 2012
CONSENT AGENDA:
Page 1 of
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
January l7, 20'12
Page P of P,