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HomeMy WebLinkAboutReference Agenda City Council - 09/22/2009' 'n the week at Se tember 27 - 25, 2009 as "Fall Prevention 1Neek" ~ ~ .45 A. M. - Proclamation declare g p th„ tion declarin the month of September 2009 as "National Senior Center Mon Proclama g Commendation Certifcate: Miss Neola Ortiz AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 SEPTEMBER 22, 2009 12:00 P.M. PUBLIC NOTICE -THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED 1N THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. ' rovided an o ortunity to address the Council at approxr'mately 4:4o p.m., or fhe Members of the audience wd1 be p pp ~ micro hone loafed at the podium and state end of the Council Meeting, whr'chever is earlier. Please speak into fhe p atr'vn writ be limited to three menutes. If you have a petition or other information your name and address. Your present pertainr"ng to your subject, please present it to the City Secretary. ' ' ' ' ' tree ue su ingles es limitado, habra un interprete ingl~s-espanal en todas las Sl Usted desea d~rrglrse a! Concllro y q juntas del Concilio Para ayudarle. ' ' ' ' o attend this meeting and who may need auxiliary aids or services are requested to Persons w~#h drsabrl~fres who plan t at 3fi1-82fi-3~45~ at least 48 hours in advance so that appropriate arrangemen#s contact the ~~r Secretary s ofl7ce { can be made. ~~:a~ ,~~ A. Ma yr Jae Adame tv call the meeting to ord r Y • actor Kevin Jennings, ll~t. Olive Lutheran Church. B. Invooat~on tv be given by P ~~.~. the United States. ~- ~'1~~ ~ C. Pled a of Allegiance to the Flag of 9 a to call the roll of the required Charter Officers. D. City Secretary Armando Chap Mayor Jae Adarne Mayor Pra Tem John Marez Council Members: Chris N. Adler ~ City Manager Angel R. Escobar Brent Chesney City Attorney Mary Kay Fischer Larry Elizondo, Sr. City Secretary Armando Chapa~ Kevin Kieschnick _ Priscilla Leal Nelda Martinez Mark Scott " INDEXED Agenda Regular Council Meeting September 22, 2009 Page 2 CITY COUNCIL PRIORITY ISSUES Refer to legend at the end of the agenda summary) E, MINUTES: 1. Approval of Regular Meeting of September 15, 2009. (Attachment # 1) F. EXECUTIVE SESSION: (~ ~ (~~j~ ~' I o~ ~ ~~ ~, ~ PUBLlC NOTICE is given that the City Council may elect fo go info execufive session at any time during the meeting in order to discuss any matters listed vn the agenda, when authorized by the provisions of the Open 1Vleeting Act, Chapter 55~ of the Texas Government Code, and feat the City Counci! specifically expects to ga into execufive session vn the following matters. !n the event the Council elects to go into executive session regarding an agenda item, fhe section ar sections of the Open Meetings ~4ct authorizing the executive session wil! be publicly announced by fhe presiding office. 2. Executive session under Section 551.x12 of the Texas Government Code regarding Landry's Seafood and Steakhouse Corpus Christi, inc. lease of real property in the Corpus Christi Marina, with possible discussion and action in open session. 3. Executive session under Section 551.D12 and Section 551,081 of the Texas Government Code for deliberations regarding the lease of real roperty and for deliberations regarding the offer of p a financial or ether incentive to a business prospect relating to Memorial Coliseum with possible discussion and action related in open session. G. BARDS ~ COMMITTEE APP~lNTMENTS: Attachment # 4} 4. Water Resources Advisory Committee N. EXPLANATION ~F COUNCIL ACTIN: For administrative convenience, certain of fhe agenda ifems are listed as motions, resolutions, or ordinances. if deemed appropriate, the City Council will use a different method of adoption from fhe one listed; may finally pass an ordinance by adopfing it as an emergency measure rather than a two reading ordinance; or may modify fhe action specilled. 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. Agenda Regular Council Meeting September 22, 2009 Page 3 CONSENT AGENDA ~a~35p~M Notice to the Public CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) The followin items are of a routine or administrative nature, The Council has g . been furnished with background and support material on each rtem, and/or rt Mas been discussed a# a previous meeting. X411 items will be ac#ed upon by one vo#e without been discussed separately unless requested by a Counci! 9 lUlember or a cifi~en, in whr'ch even# the rtem of r#ems wr!! rmmedla#e1y be wrfhdrawn for individual consideration in its normal sequence after fhe items not re uir7n se orate discussion have been acted upon, The remar`ning q g A items wit! be adopted by one vote. CONSENT MDTiDNS RESOLUTIONS ORDINANCES AND ORDINANCES FRDl~ PREVID~S MEETINDS~ (At this point the Council wi!! vote on all motions, resolutions and ordinances not removed for individual consideration. 5. a. Motion approving the leaselpurchase of two (2) side loading refuse trucks and three (3) rear loading refuse trucks from Rush Truck Center of Texas, LP, of Houston, Texas in the amount of $1,314,566. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (TLGPC). All units are replacements to the fleet and will be used by the Solid Waste Department. Financing for the refuse trucks will be provided through the City's lease-purchase financing program. (Attachment # 5) b. Motion approving the lease/purchase of one (1) mini side loading refuse truck from Santex Truck Center, of San Antonio, Texas in the amount of $110,037. The award is based on the Cooperative Purchasing Agreement with Houston-Galveston Area Council (H-GAC). The unit is a replacement to the fleet and will be used by the Solid Waste Department. Financing for the refuse trucks will be provided through the City's lease-purchase financing program. (Attachment # 5) 2009 - . r. .,;a ~::~ t:~~w _ p r` ~ ..~ ., :: _ _ ,.~ :u. ~:~. ~" ' :Y ~~i 2009 262 263 Grand Total: (a) & (b): $1,424,603 Agenda Regular Council Meeting September 2Z, 2009 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6. Motion approving the lease purchase of two ~2} ambulances fram San Antonio Ambulance Sales, lnc., of San Antonio, Texas for a total amount of $241,000. The award is based an the cooperative purchasing agreement with the Houston-Galveston Area Council of Governments ~H-GAO}. The ambulances will be used b the Fire Department. These units are replacements y ., to the fleet. F~nanc~ng will be provided through the C~tys lease- purchasefnancing program. ~Attachment# 6} ?. Motion a rovin the lease purchase of one ~1} 1500 GPM pp 9 um erfire truck from Siddons Fire Apparatus, of Manor, Texas p p for the Iota! amount of $425,000. The award ~s based on the Coo erative Purchasin Agreement with the Texas Local p 9 Government Coo erative ~TLGPC}.The unit is a replacement to p the fleet. Financin for the pumper fre truck will be provided g through the City's lease-purchase financing program. Attachment # l} 8. a. Motion authorizing the City Manager or his designee to acce t fundin in the amount of $1,032 from Target for the p g urchase of a ui ment to assist the Repeat Offender P qp Pro ram for the Police Department. ~At#achment # 8} 9 b. Grdinance a ro riating $1,032 in the Genera! Fund No. pp p 1020 from a rant from Targetforthe purchase of equipment 9 to assist the Repeat Offender Program for the Poi~ce De artment; chap ing the FY 2009-2010 Cperating..Budget p 9 . ado ted by Ordinance No. 028252 by Encreas~ng revenues p and ex enditures in the General Fund Nv. 1020 by $1,032 p each. Attachment # 8} 9. a. Motion authorizin the City Manager, ar his designee, to g execute a contract with the Texas Department of Family and Protective Services for funding in the amount of $503,500 fram the Communit Youth Development Program for the Y 78415 ~i Code for projects as recommended by the p Communit Youth Development Steering Camm~ttee for y Fiscal Year 2009- 2010, Contract Period September 1, 2009 throu h Au ust 31, 2010. Attachment # 9} 9 9 2009 264 2009 26S 2009 266 ,~2~3311 2009 267. Agenda Regular Council Meeting September 22, 2009 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Ordinance a rv riatin $503,500 from the Texas pP P g De artment of Famil and Protective Services in the No. p y ~ 06D Communit Youth Development fund to fund the Y Communit Youth Develo merit Program ~n the 15415 Zip Y p Code for Fiscal Year 2009-2010, contract period September ~ , 2009- Au ust 31, 2010. Attachment # 9} 9 ' in the Packe Channel CIP 10. Crd~nance appropr~at~ng $14,695 ry . 217 from revenue received from Texas Parks and Fund No 3 . Wildlife De artment and the Coastal Bend Bays and Estuaries p ~ t Pro ram lnc. for reimbursement of repairs to the property a g Y ' ' it Stand and Clem's Marina Boat Ramp; changing F Billing s Ba - 09 Ca ital Bud et adopted by Ordinance 028006 to 2008 20 p g increase a ro nations by $14,965. Attachment # 10} pp p ' Ordinance - Authorising the City Manager, or his 11. First Reading . ' acute an amendment to the Use Agreement with designee, to ex the South Texas Botanical Gardens & Nature Center for the use 'tional 3.66 acres of land out of the Botanical Gardens of an adds ' bdivision located north and adjacent to the South Park Unit 4 Su arm to Market Hi hway 2444} public right of Staples Street ~F 9 " to ex ansion of the center; and providing for way, to fac~l~ta p publication. ~Attachrnent # 11 } ' 'n the urchase of Intergraph 11CAD and IlMobile 12. Motion approve g p ices from Intergraph Corporation Security, upgrade sere and Infrastructure of Madison, Alabama in the Government 4181.77 including software, training and amount of $9 , ' ices to im rove the Police Department rnob~le profess~vnal sere , p ' rtin ca abilit .Intergraph Corporation ~s a State and field repo g p Y of Texas GaDirect 1lendor. Attachment # 12} ' authorizin the City Manager or his designee to 13. Resolution g t an Interlocal Coo eration Agreement with the Corpus execu e p ` ' ant Schaol District for the Foy H. Moody Chr~stl lndepend ' th Center Business & Professional Academy's Science and Heal i l Justice Internshi Program. Attachment # 13} Crmina p ' horizin the Cit Manager, or his designee, to 14. Mot~an aut g Y . ruction contract with Pesado Canstruct~on of execute a cvnst xas in the amount of $315,650 for the Existing Schertz, Te . Plant Re uirements for the tots! base bid. Broadway q Attachment # 14} ~'?`7~312 ~. uzasis 2009 268 028314 2009 269 Agenda Regular Council Meeting September 22, 2009 Page 6 CITY COUNCIL PRIORITY ISSUES Refer to legend at the end of the agenda summary) 15. 16. a, Motion authorizing the City Manager, or his designee, to execute a contract with the Conrad Blucher 1 nstitute, Texas A&M University-- Corpus Christi not to exceed $81,505 for Salinity and Freshwater Inflow Monitoring associated with the R'rncon Bayou Diversion Project 2009-2010. Attachment # 15} b. Motion authorizing the City Manager, or his designee, to execute a contract with the Harte Research l nstitute, Texas A&M University- Corpus Christi not to exceed $55,000 for Biological Monitoring associated with the Rincan Bayou Diversion Project 2009-2010. Attachment # 15} c. Motion authorizing the City Manager, or his designee, to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $?5,D00 for biological monitoring services associated with the Rincon Bayou Diversion Project 2009-2010. Attachment # 15} a. Motion authorizing the City Manager or his designee to execute a Bridge Participation Agreement with Braselton Land Ventures, inc., Developer of Rancho Las Brisas Unit 2, in the amount of $45,905.82 for future construction of a bridge over Ditch 31 for the extension of Fred's Folly Drive of which the City will participate in an amount not to exceed $2B3,193.38. Attachment # 16} - b. ordinance accepting a payment in the amount of $45,905.82 from Braselton Land Ventures, Inc. of Carpus Christi, Texas and deposit the funds into an interest bearing account in the No. 4?30 Infrastructure Fund for the developers share of future ~ construction of a bridge over Ditch 31 for the extensia~ of Fred's Folly Drive, Attachment # 15} 1?. Motion authorizing the City Manager or his designee to execute a Street Participation Agreement with Braselton Land Ventures, lnc., Developer of Rancho Las Brisas Unit 2, in the amount of $19,?10.21 far the City's portion of the cost for Sydney Street and Las Rancheros Drive far construction of pavement adjacent to a park. Attachment # 1 ?} 2009 270 2009 271 2009 272 2009 273 ~'~~ ~~ 4~ 200y 274 Agenda Regular Council Meeting September 22, 2009 Page 7 cITYC~uNCIL PRIORITYISSI~ES Refer tQ legend at the end of the agenda summary} 18. First Readin Ordinance -Amending Chapter 14 "Development g ... rvices "Article Xlll "Develo ment Service Fees , Div~s~on 4, Se 1 p . "Plattin Ordinance Fees", Section 14-131, Platting ordnance g ... ~~ " d Cha ter 55, Ut~l~t~es , Article V, Taps and fees , an p ti ns" Section 55-14, "Ado tion of rules, regulations and Connec o , p water and as fees" and Section 55-11, Sewer tapping fees , g ~ . of the Code of Ordinances, City ofi Corpus Christ, to increase or bli h fees related to Platting Fees and Tap Fees. esta s Attachment # 18~ coed Readin Ordinance -Abandoning and vacating a 19. Se g -s uare foot onion ofi dedicated public right-of-way 9,955 05 q p rive located north of the Alta Plaza Drive public nght- ~Ocean D }, - and west of the current Ocean Drive public right-of-way, of wa y . ' com fiance with the specified conditions. {F~rst subject to p Reading - 91a81o9~ Attachment # 19} J. PUBLIC HEARINGS: ' ~~ ~,~ ~~ d~ ZUNING CASES: -04 Guillermo A. illie Es aria: A change of 20. Case No. D809 „ n "A-1" A artment House D~str~ct to a B-1 zvn~ng from a p ' usiness District on property described as South Neighborhood B enerall located on the north side of South Park, Black 2, g y five a roximately 2,331 feet northwest of Padre Island Dr pp weber Road at Anthon Street, Attachment # 20} y ' fission and Staffs Recommendation: Approval Plann~n Comm of the "B-1"Nei hborhood Business District. 9 ORDINANCE ' the Zonin Ordinance, upon. application by Guillermo Amending g ' ' Es arza b chap ing the Zoning Map in reference to A. ~I~Ilie} p Y g . lock 2 Lot 2, from "A-1"Apartment House D~str~ct South Park, B , `_ - " boyhood Business District; amending the to B 1 Neigh ' e Plan to account for any deviations from the Comprehens~v ' ' om rehensive Plan; providing a repealer clause; existing C p rovidin a enalt ;and providing for publication. p 9 P y -05 Double T ro ernes Inc.: A change of 21. Case No. g8g9 ' an "AB" ssional Office District to a "B-4" zoning from n ral Busines strict on property described as 4.1 fi3 acres Ge e Kin S uare Addition. Attachment # 21 ~ out of g q f PO 4NED UNTIL OCTOBER 13, ~~~~} (~v~er~leo~ 028316 028317 ~o~°~`.~ Agenda Regular Council Meeting September 22, 20Q9 Page 8 CITY COUNCIL PRIORITY ISSUES {Refer to legend at tt~e end of titre agenda summary) K. REGULAR AGENDA - I a • 5 D ~• m ' CONSEDERAT~ON OF MOTIONS RESOLUTIONS AND ORDINANCES: 22. Motion confirming the City Manager's appointment of Troy Riggs as Police Chief. ~Attachment# 22} 23. a. Motion authorizing the City Manager, or his designee, to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $2,733,748.55 for Street Overlays Group 1 for the Total Base Bid. BOND ISSUE 2D08} Attachment # 23} b. Motion authorizing the City Manager or his designee to execute a construction contract with Haas-Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $1,556,683.75 for Street Overlays Group 2 for the Total Base Bid. BOND ISSUE 2008} Attachment # 23} 24. Ordinance amending the Code of Ordinances Chapter 53, Article V. Operation of Vehicles, Division ~ , by adding Section 53-1 D9 Operativn of Golf Cart; Affirmative defense, Culpable mental state not required; providing for penalties; providing for publication. Attachment # 24} L. PRESENTATIONS: Public commenf wi11 no# be solicifed on Presenfafion i#erns: 25. Upda#e from the Complete Count Committee on the 20~ 0 Census Attachment # 25} 26. City's Americans with Disabilities Act DADA} Title ll Transition Plan and Non-Discrimination Grdinance 2049 Annual Update Attachment # 26} 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 2009 2009 2009 275 276 277 628318 Agenda Regular Council Meeting September 22, 2009 Page 9 DITY COUNCIL PRIORITY ISSUES Refer to legend at the end of the agenda summary) recordin is made of the meeting; therefore, please speak into the g microphone located at the podium and state your name and address. 1f ou have a petition or other information pertaining to your subject, Y 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 T4 DO THE FOLLOWING: 1. MAKE A STATEMENT CF FACTUAL lNFaRMATICN. 2. RECITE AN EXISTING POLICY IN RESPONSE To THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT v~ILI BE PLACED CN AN AGENDA AT A LATER DATE. PER CITY CCUNClL P4LlCY, Nn CGUNClL MEMBER, STAFF PERSaN OR MEMBERS nF THE AUDIENCE SHALL BERATE, MB ~ SS ACCUSE GR SNCW ANY PFRSCNAL E ARRA DISRESPECT FGR ANY N1ENIBER GF THE STAFF, CCUNCIL MEMBERS 0R THE PUBLIC A T ANY COUNCIL MEETING. THIS PDLlCY !S NOT MEANT f0 RESTRAIN A C!TlZEN'S FIRST AMENDMENT RlGNTS. CITY MANAGER'S COMMENTS: `~ ~ ~ , ~ N. ~ ~ U date on meetin date and time for Noah Padre island ~ p g Develo ment Cor oration and Tax Increment Reinvestment p p Zane ~TIRZ} No. 2. 2 Di ss schedulin of workshop regarding Zero-Based } scu g Budgeting and Fiscal Year change. O. ADJOURNMENT: ~ ; ~ ~ t , ~ POSTING STATEMENT: This a enda was osted on the City's official bulletin board at the front 9 p entrance to C~ Hall 1201 Leopard Street, at . ~ p~m~, tY on September 17, 2009. Armando Chapa City Secretary Agenda Regular Council Meeting September 22, 2009 Page 10 C1TY COUNCiL PRIDR~TY ISSUES (Refer to legend at the end of the agenda summary) NaTE; 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. City Council Goals 2009-2011 ~~ ~ ~ Qo~ Q,R~ AMY GG~ .,~~, ~~. ~~a ,: << ~~; ~;~ .~ _ :~. .;,.. ~:.. ,: ~.~a. ,.i._ Economic Development Strategic Plan Coliseum Plan Development Process Improvement Support Pubiic Safety Garwood Water Plan Develop Street Plan Community Pride Sustainability and Renewable Energy t~ I~ O -+, i~ O' ~D N N 0 c~ ~~ rn ~~ c~ r DO ~T nn 00 C~ Z 'o nC ~N 3n m= m~ ~~ z- c~ i~ 0 i~- c~ r•~- ~D N N N v v cv m c~ r DO ~~ nn 00 C .'~ 2 ~ n N r 3n m= rn~ -i ~n z~