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AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNC{L MEETING
CITY MALL -COUNCIL CHAMBERS
1201 LEOPARD ST.
CORPUS CHRISTI, TEXAS 78401
FEBRUARY 24, 200'
10:00 A.M. ~/
PUBLIC NOTICE -THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OFTHE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at fhe end
of the Council Meeting, whicheveris earlier. Please speak into the microphone located at the podium and state yourname
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 ingl~s es limitado, habr8 un inf~rprete inglrss-espanol en todas las juntas
del Concilio pars 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 leasf 48 hours in advance so that appropriate arrangements can be
made. /
A. Mayor Henry Garrett to call the meeting to order. V
B. Invocation to be given by Reverend Philip Douglas, Unitarian Universalist Church of
Corpus Christi.
C. Pledge of Allegiance to the Flag of the United States. M . ~YY~.YVtQ.,~ I
D. City Secretary Armando Chapa to calf the roll of the required Charter Officers.
Mayor Henry Garrett _._.~.-
Mayor Pro Tem Larry Elizondo, Sr. ~_
Council Members:
Melody Cooper
Mike Rummell
Bill Kelly
Priscilla Leal
Michael McCutchon
John Marez
Nelda Martinez
E. MINUTES: NONE
a.w.' City Manager Angel R. Escobar
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
INDEXED
Agenda
Regular Council Meeting
February 24, 2009
Page 2
CITY COUNCIL
PRIORITY ISSUES
(Referto legend at the end of the
agenda summary)
{{~~ ((~~ Z~ 1 .
F. BOARDS & COMMITTEE APPOINTMENTS: (AffacFim nt1#~9)
` Clean City Advisory Committee
* Community Youth Development (78415) Program
Steering Committee
` Leadership Committee for Senior Services
* Park and Recreation Advisory Committee
` Planning Commission
G. EXPLANATION OF COUNCIL ACTION:
For administrafive convenience, certain of the agenda Kerns are listed
as motions, resolutions, orordinances. If deemed appropriate, the City
Council will use a differentmethod ofadoption from the onelisfed; may
finally pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance; or may modify fhe action
specified. A motion to reconsider may be made of 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.
fi. CITY MANAGER'S REPORT: (NONE)
CONSENT AGENDA ~ t ~."'I - ~ Z~. (~
Notice to the Public
The following items are ofa routine oradministretivensture. The Council has
been furnished with background and support material on each Hem, and/or it
has been discussed of 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 fhe item or items will immediately be
wifhdrawn for individual consideration in ifs norms! sequence aRer the items
not requiring separate discussion have been acted upon. The remaining items
will be adopted by one vote.
(Af this point the Council will vote on all motions, resolutions and ordinances
not removed for individual consideration)
Agenda
Regular Council Meeting
February 24, 2009
Page 3
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the entl of the
agenda summary)
2. Resolution authorizing the submission of a grant application in
the amount of $68,491 to the State of Texas, Office of the
Governor, Criminal Justice Division for Year One funding of a
Sex Offender Investigative Unit grant in the Police Department
with a City match of $7,745, for a total grant application of
$76,236, and authorizing the City Manager or his designee to
apply for, accept, reject, alter or terminate the grant.
(Attachment #2)
3.a. Motion authorizing the City Manager or his designee to accept a
supplemental grant in the amount of $47,500 from the Texas
Automobile Theft Prevention Authority (ATPA) to purchase
equipment forthe molar vehicle theft enforcement unitwithin the
Police Department and to execute all related documents.
(Attachment #3)
3.b. Ordinance appropriating $47,500 from the Texas Automobile
Theft Prevention Authority (ATPA) in the No. 1061 Police Grants
Fund. (Attachment #3)
4. Ordinance appropriating $185,850.21 in developer contributions
and $22,319.43 in interest earnings for a sum of $~98;859f2'I to
the No. 4720 Community Enrichment Fund for park
improvements. (Attachment #4}
5. Motion authorizing the City Manager or his designee to execute
documents with Trust for Public Lands and the Coastal Bend
Bays and Estuaries Program, for the purchase of 48.91 acre
tract of land situated partially in Lot 3, Lot 4, Lot 11, Lot 12, Lot
17, and Lot 18, Section 32 and Lot 17, Section 31, Flour Bluff
and Encinal Farm and Garden Tracts, to extend the closing date
of the Agreement of Sale, assign the Agreement of Sale to
Coastal Bend Bays and Estuaries, and execute newAgreement
of Sale with Goastal Bend Bays and Estuaries Program.
(Attachment #5)
6. Motion authorizing the City Manager or his designee to execute
Amendment No.1 to the Contract for Professional Services with
LNV Engineering of Corpus Christi, Texas, in the amount of
$123,584 for a revised fee of $138,584 for the Naval Air Station
(NAS) Corpus Christi Effluent Reuse Force Main project for
design of a new effluent force main. (Attachment #6)
0280'73
2009 046
0280'74
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2009 047.
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Agenda
Regular Council Meeting
February 24, 2009
Page 4
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
7.a. Ordinance appropriating $425,000 of the Unappropriated Fund
Balance in the Reinvestment Zone No. 2 Fund 1111 for the
Packery Channel Project; changing the FY 2008-2009 Operating
Budget adopted by Ordinance No. 027776 to increase
appropriations by $425,000. (Attachment #7)
7.b. Motion authorizing the City Manager, or his designee, to execute
a construction contract with Sal-Con, Inc. of Corpus Christi,
Texas in the amount of $307,300 for Packery Channel -South
Parking Lot Restrooms 2008 Phase 1 Improvements.
(Attachment #7)
8.a. Motion approving the Sanitary Sewer Collection Line Extension
Construction and Reimbursement Agreement submitted by
Extreme Homes of Texas, LLC, owner and developer of Maple
Hills Subdivision,Unit 5, located south of Up River Road and east
of McKenzie Road, for the upsizing of 718-linear feet of PVC
sanitary sewer collection line from 8-inch diameter to 10-inch
diameter. (Attachment #8)
8.b. Ordinance appropriating $5,390.39 from the No. 4220 Sanitary
Sewer Collection Line Trust Fund to reimburse Extreme Homes
of South Texas, LLC, for the upsizing of 718-linear feet of PVC
sanitary sewer collection line from 8-inch diameter to 10-inch
diameterforthedevelopment of Maple Hills Subdivision Unit 5,
as specified in the Sanitary Sewer Collection Line Extension
Construction and Reimbursement Agreement. (Attachment #8)
9. Motion approving the Street Construction and Reimbursement
Agreement submitted by Extreme Homes of Texas, LLC, owner
and developerof Maple Hills Subdivision Unit 5, located south of
Up River Road•and east of McKenzie Road in the amount of
$18,911.40, for the upgrading of 5,587-square yards of street
pavement from a Residential Collector cross section to a
Neighborhood Collector cross section. (BOND ISSUE 2004)
(Attachment #9)
10. Ordinance abandoning and vacating a 10,033.21-square foot
portion of an existing utility easement out of Boat Hole Marina
Lot 1, Block 1, south of the Skipper Lane public street right-of-
way; requiring the owner, S & G Marina, LLC, to comply with the
specified conditions. (Attachment #10)
0'80'76
2009 049
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2009 051
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Agenda
Regular Council Meeting
February 24, 2009
Page 5
CITY COUNCIL
PRIORITY ISSUES
(Refer to IegerW at the end of fhe
agenda summary)
11. Ordinance abandoning and vacating a 34,198-square foot
portion of an existing utility easement out of Padre-Staples Mall,
Block 1, Lot 1A and Mt. Vernon Subdivision Unit 1, Lot B3, north
of and adjacent to the South Padre Island Drive public street
right-of-way; requiring the owner, Corpus Christi Retail Venture,
L.P., to comply with the specified conditions. (Attachment #11)
12.a. Motion approving the Sanitary Sewer Lift Station Construction
and Reimbursement Agreement submitted by CNM 37, L.L.C.,
owner and developer of the Thirty Seven Industrial Park, located
south of Interstate Highway 37 and east of Southern Minerals
Road, for the upgrade of the Highway 9 Master Plan Lift Station,
including all related appurtenances. (Attachment #12)
12.b. Ordinance appropriating $121,013.22 from the No. 4220
Sanitary SewerTrunk System Trust Fund to reimburse CNM 37,
LLC for the upgrade of Highway 9 Master Plan Lift Station,
including all related appurtenances for development of Thirty
Seven Industrial Park, as specified in the Sanitary Sewer Lift
Station Construction and Reimbursement Agreement.
(Attachment #12)
13. Resolution on exportation of groundwaterfrom the Nueces River
Basin. (Attachment #13)
14. Resolution nominating Berry Contracting, LP, to the Office of the
Governor Economic Development & Tourism, through the
Economic Development Bank, for designation as a single
retained job enterprise project, under the Texas Enterprise Zone
Program under the Texas Enterprise Zone Act, Chapter 2303,
Texas Government Code. (Attachment #14)
15. Ordinance governing City elections in 2009, including
appointment and compensation of election officials, voting
systems, and central counting station. (Attachment #15)
16. Second Reading Ordinance -Amending Section 33-1.02.06 (b)
(1), Corpus Christi Zoning Ordinance to allow non-illuminated
sandwich board signs or A-Frame Signs on the sidewalks of
zero-lot line building in the Six Points area; amending conflicting
provisions of the city's comprehensive plan; repealing conflicting
ordinances; providing for penalties; and providing for publication.
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0280'73
2009 052
028080
028081
028082
028083
028084
Agenda
Regular Council Meeting
February 24, 2009
Page 6
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of tha
agenda summary)
17. Motion canceling the City Council meeting of March 17, 2009
(Attachment #17)
J. PUBLIC HEARINGS: (NONE)
K.
REGULAR AGENDA ~J. ~JI _ ~P:~
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
18. First Reading Ordinance -Amending Section 18-20, Code of
Ordinances, City of Corpus Christi, relating to the fees charged
for ambulance and emergency medical services; providing for
publication. (Attachment#18)
19. Motion approving t Sanitary
Station Constr on and Rehr
by The Pre eat Mustan
of Tortu Dunes Subdiv' on
Mast Ian Lift Stati ith ei
lin r feet of a fo nch and s
lated aaaurt ances; at a c~
9)
Trunk Force M nand Lift
lent Agreemm~submitte~
Ifand, LLC,
for the inst
PVC dual
to exceed
n of Zahn oad
wetw ,8,376-
forc ain, and
$ ,457,890.25.
20. Motion authorizing the City Manager to enter into a contractwith
Fulbright & Jaworski, LLP, to perform bond counsel services for
the City of Corpus Christi. (Attachment #20)
21. Ordinance providing for the issuance of City of Corpus Christi,
Texas Utility System Revenue Improvement Bonds, Series 2009,
in an aggregate principal amount not to exceed $98,000,000;
establishing parameters regarding the sale of the Revenue
Improvement Bonds; approving the execution of a purchase
contract; and all other matters related thereto; and providing that
this ordinance shall be in force and effect from and after the date
of its passage. (Attachment #21)
2.009 053
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22.a. Presentation on Economic Impact Report of American Bank
Center. (Attachment #22)
Agenda
Regular Council Meeting
February 24, 2009
Page 7
CITY COUNCIL
PRIORITY ISSUES
(Refer fo legend at the end of the
agenda summary)
22.b. Motion authorizing the City Manager or his designee to negotiate
a five (5) year agreement with SMG to operate and manage the
American Bank Center under new fees, terms, and conditions,
with the negotiated agreement to include but not be limited to:
(1) a term adding to SMG's duties the duty to manage all food
and beverage services at the American Bank Center, including
management of all alcoholic beverage services; (2) a term
acknowledging that SMG shall be assigned both the Food and
Beverage Services Agreement with Centerplate and the Alcohol
Service Management Agreement with the Corpus Christi 2 0 Q Q Q 5
International Seamen's Center; {3) a term stating that,
immediately following the third {3`d) year of the agreement, the
City shall solicit and entertain proposals from private venue
management firms to operate and manage the American Bank
Center; and (4) a term giving the Ciry the right, at any time
following the third (3`d) year, to terminate the agreement, without
cause, by providing nor more than ninety (90) days notice to
SMG, such termination to be without the payment of any penalty,
fee or premium. (Attachment #22)
23.a. Presentation on Automated Meter Reading (AMR} Initiative
Project Expansion Update -Year 4 of 5. (Attachment #23)
23.6. Motion approving Amendment No. 3 to the Automated Meter
Reading contract, with Northrop Grumman Information
Technology, Inc., of Bohemia, New York, in the amount of 2 Q Q ~ Q Jc' 6
$3,735.002. Funding has been programmed in the adopted
FY2009 Capital Improvement Project (CIP) Budget. (Attachment
#23)
23.c. Motion amending the consultant contract with RAM
Technologies, Inc., of Fort Washington, PA for contract
management and technical assistance of the Automated Meter 2 0 0 9 0 5 7
Reading project, in the amount of $138,701. Funding has been
programmed in the adopted FY2009 Capital Improvement
Project (C!P) Budget. (Attachment #23)
L. PRESENTATIONS: ~ 2c.(- 2S- ~ p: ? ~j- I1: ~+2
Public comment will not be solicited bn Presentahon items... ~ {- - ~ ; aO ' 3:.31 pr-,'
d #O2~'" ~'~ ~ ~~ - ~ ~ ~
24. Quarter FY 2009 Report of the Health Benefits/Risk
2"
Management Fund {To be considered at approximately 10:00
a.m.l (Attachment #241
Agenda
Regular Council Meeting
February 24, 2009
Page 8
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
25. Police/Fire Group Health Insurance Program Update (To be
considered at approximately 10:00 a.m.) (Attachment #25)
26. Presentation on newly developed phases of emergency
operations for Gulf Beach (Attachment #2&)
27. Public Information Act Progress Report (Attachment #27)
M.
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOUPLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORMAT 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 ofher information pertaining to your subject, please present it to the City
Secretary.)
PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT
ONLY AUTHORIZES THEM TO DO THE FOLLOWING:
1. MAKE A STATEMENT OF FACTUAL INFORMATION.
2. RECITE AN EXISTING POLICY IN RESPONSETOTHE
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 SMOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THiS POLICY /S NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
Agenda
Regular Council Meeting
February 24, 2009
Page 9
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end o(Ihe
agenda summary)
N. EXECUTIVE SESSION:
PUBLIC NOTICE is given that the Grty 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 Govemment 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
info executive session regarding an agenda item, the section or
sections of the Open MeeSngs Act authorizing the executive session
will be publicly announced by the presiding offrce.
28. Executive session under Texas Government Code Section
551.071 regarding Cause No. 08-60884-2, Steve A. Perez vs.
Arnoldo Guerra and the City of Corpus Christi, in the County
Court at Law Number 2, Nueces County, Texas, with possible
discussion and action in open session.
O. LEGISLATIVE UPDATE: (NONE)
Consideration of resolutions and actions deemed appropriate by the
City Council as fo legislative issues before the 81St Texas Legislature.
P. ADJOURNMENT:
POSTING STATEMENT: 2'
This agenda was posted on the City's official bulletin board at the front
entrance to City Hail, 1201 Leopard Street, at 3:00 p.m., on February 18,
2009.
~,. n -/
S'b c~l
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 Friday before 5:00 p.m.
2009 058
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Symbols used to highlight action items that implement
council goals are on attached sheet.
28. Motion authorizing the City Manager to settle Cause No. 06-60884-2, Steve A.
Perez vs. City of Corpus Christi, in the County Court at Law Number 3, Nueces
County, Texas, for the total sum of $166,000, subject to certification of funds.
2009 058
SUPPLEMENTAL AGENDA
REGULAR COUNCIL MEETING
CITY OF CORPUS CHRISTI, TEXAS
CITY HALL -COUNCIL CHAMBERS
1201 LEOPARD ST.
FEBRUARY 24, 2009
10:00 A.M.
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:
CONSENT AGENDA
17.1.a. Resolution authorizing the City Manager or his designee to accept
Federal Aviation Administration Grant Number 3-48-0051-044-2009
in the amount of $966,213 to modify the Aircraft Rescue and Fire ~) ~ ~ ~ g 5
Fighting (ARFF) Station, Phase I at Corpus Christi International
Airport and to execute all related documents.
17.1 .b. Ordinance appropriating $966,213 from the Federal Aviation
Administration for Grant No. 3-48-0051-044-2009 in the No. 3020 ~~ ~ ~ ~ ~ 6
Airport Capital Improvement Fund to modify the Aircraft Rescue and
Fire Fighting (ARFF) Station, Phase I at Corpus Christi International
Airport.
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 ~ .m. February 20,
2009.
~vx ~Cr U`''~' ~.~
Armando Chapa
City Secretary
City Council Goals 2007-2009
1~
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______
Develop Street Pian
Texas A&M University-Corpus Christi
Expansion
Neighborhood Improvement Program
(NIP) and Model Block Expansion
Development Process Improvement
Bond 2008
Coliseum Plan
Master Plan Updates
Improve Code Enforcement
Downtown Plan
Charter Review
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