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HomeMy WebLinkAboutReference Agenda City Council - 11/20/20011:45 p.m. Proclamation designating the month of December as "Safe & Sober Month" Swearing-in of newly appointed Board, Committee and Commission members AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD NOVEMBER 20, 2001 2:oo 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 5:30 p.m. or at 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 you have a petition or other information pertaining to your subject, please present it to the Cib/ Secretary. Si ud. Desea diHgirse al Concilio y cree que su i~31~s es limitado, habr~ un int&rprete ingies-espa~ol en todas las juntas del Concilio pare ayudarie. Persons with disabilities who plan to attend ~ meeting and who may need auxiliary aids or sen~s are requested to contact the City Secretary's office (at 361-880-3105) at least 48 hours in arlvance so that appropriate an'angements can be made. B. C. D. Mayor Samuel L. Neal, Jr. Mayor Pro Tem Jesse Noyola Mayor Samuel L. Neal, Jr. to call the meeting to order. Invocation to be given by Reverend Melissa Nelson, Wesley United Methodist Church. Pledge of Allegiance to the Flag to the United States. -~ City Secretary Armando Chapa to call the roll of the required Charter Officers. Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longofia Mark Scoff City Manager David R. Garcia City Attomey James R. Bray, Jr.--"~- City Secretary Armando Chapa E. MINUTES: 1. V~pproval of Regular Meeting of November 13, 2001. (Attachment # 1 ) Agenda Regular Council Meeting November20,2001 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items ara listed as motions, resolutions, or ordinances. If deemed appropdate, 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 ratherthan a two reading ordinance; or may modifythe 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 ara incorporated herein for roconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items ara of a routine or administrative nature. The Council has been furnished with background and support mate#al 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 afterthe items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS~ ORDINANCES AND ORDINANCER FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Motion approving the purchase of one prisoner transport vehicle from the Houston-Galveston Area Council of Governments (HGAC), for the total amount of $33,487.36. The award is based on the Cooperative Purchasing Agreement with HGAC. This vehicle will be used by the Police Department. Funds are available through the 1999 Law Enforcement Block Grant. This item is a replacement to the fleet, (Attachment Motion authorizing the City Manager or his designee to execute a maintenance agreement with Avnet Enterprise Solutions, Austin, Texas for hardware and operating system maintenance and support on the City's Cisco network equipment in accordance CITY COUNCIL PRIORITY ISSUES (Refer to legen~ at the end of the agenda 2001 --. z, 2 8 Agenda Regular Council Meeting November 20, 2001 Page 3 with the State of Texas Cooperative Purchasing Program for a total amount of $50,427.81. (Attachment #3) Motion authorizing the City Manager or his designee to execute a maintenance and licensing agreement with Sill-Government Solutions, Austin, Texas for Novell NetWare Operating System, Novell GmupWise and Novell ZenWorks in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $64,619.61. (Attachment ~4) Motion approving a supply agreement with Ferguson Enterprises, Inc., Corpus Chdsti, Texas for approximately 2,974 ductile iron mechanical joint, flanged and swivel fittings and approximately 5,100 related accessories in accordance with Bid Invitation No. BI-O017-02, based on total Iow bid for an estimated annual expenditure of $31,031.80. The term of the contract is for twelve months with options to extend for up to two additional twelve- month pedods, subject to the approval of the contractor and the City Manager or his designee. These items are purchased into the Warehouse Inventory and charged out to the Water and Wastewater Departments. (Attachment #5) Motion authorizing the acquisition of Parcel 8b, out of Lot 19, Block 7, Saratoga Place Subdivision in the amount of $28,000 from the owner, Greg Voisin, Trustee in connection with the Lift Station Improvements and Carolyn Heights Diversion to Greenwood Wastewater Treatment Plant - 30" line project. (Attachment #6) Motion authorizing the City Manager or his designee to execute a construction contract with Rabalais Electdc Constructors in the amount of $1,184,690 for the Wastewater Microwave Communication System. (Attachment #7) Motion authorizing the City Manager or his designee to execute a depository contract with Frost National Bank to provide depository services for City funds. (Attachment ~8) Motion authorizing the City Manager or his designee to execute a contract for the collection of delinquent special assessments, demolition, and weed lien accounts with Linebarger, Heard, Goggan, Blair, Graham, Pe~a & Sampson, LLP for a fee of 25% CITY COUNCIL PRIORITY ISSUES (Refer to legencl at t~e end of t~e agenda summaiT) 2001-430 2001-431 2001-432 2001-433 2001-434 2001-435 Agenda Regular Council Meeting November 20, 2001 Page 4 10.a. 10.b. 11.a. 11.b. 11.c. 11.d. of principal and interest collected on delinquent accounts turned over to law firm, plus a $10.00 fee for preparation of liens and reimbursement of incurred recording fees. (Attachment #9) Motion authorizing the City Manager or his designee to accept a renewal Weed and Seed grant in the amount of $175,000 for Site I North for the continued support of the Weed and Seed Program from the U.S. Department of Justice (DO J). (Attachment #10) Ordinance appropriating $175,000 from the U.S. Department of Justice, Office of Justice Programs, in the No. 1050 Federal/State Grants Fund for the continued support of the Weed and Seed Program, Site I North, for FY2001-2002. (Attachment #10) Motion authorizing the City Manager or his designee to execute an agreement with The YMCA of Corpus Chdsti, Northside Outreach Program to provide $10,000 from the FY2001-2002 Weed and Seed Program to implement a Youth Summer Basketball and Swimming Program. (Attachment #11 ) Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $6,574 from the FY2001-2002 Weed and Seed Program to implement a Summer Transportation Program for recreational opportunities to youth, teens and young adults at non-traditional times. It is intended to provide b'ansportation and entry fees for some field trips dudng the summer. (Attachment 1/11 ) Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $17,000 from the FY2001-2002 Weed and Seed Program to implement a Summer Super Sports Program. (Attachment #11) Motion authorizing the City Manager or his designee to execute an agreement with South Texas Institute for the Arts to provide $13,000 from the FY2001-2002 Weed and Seed Program to implement Prevention through the Arts programs. (Attachment #11) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summa~) 200!-A36 024664 2001 -437 2001-438 2001-439 2001-440 Agenda Regular Council Meeting November 20, 2001 Page 5 11.e. 14.a. 14.b. 15.a. Motion authorizing the City Manager or his designee to execute an agreement with Metro Ministries, Inc. to provide $10,000 from the FY2001-2002 Weed and Seed Program to enhance the Gabbard Memodal Health Room. The program is a pdmary care medical clinic for residents of the shelter and our homeless population. (Attachment #11 ) Resolution authorizing the City Manager or his designee to execute an Advanced Funding Agreement with the Texas Department of Transportation (TXDOT) in the estimated amount of $240.900 for construction of barrier free ramps and sidewalks at selected street locations associated with the Sidewalk Accessibility Improvements Project. (Bond Issue 2000) (Attachment # 12) Ordinance authorizing the City Manager or his designee to execute a Right-of-Way (ROW) Maintenance and Use Agreement with Dr. Michael L. Mintz, (Permittee) to construct at his expense, a parking lot, landscaping, and other public improvements in an undeveloped portion of the Airheart Point public street right-of- way (Alta Plaza on the Bay Subdivision) that abuts the property owned by the sa~ P,,ermittee;~witl~ specified conditions. (Attachment #13) Motion to amend pdor to Second Reading to provide for ~n effective date and for consent of franchisee. (Attachment #14) Second Reading Ordinance - Granting to Texas Cable Partners, L.P., a six:month extension of the Cable Television Franchise granted in Ordinance No. 16133. (First Reading - 10/09/01) (Attachment #14) PUBLIC HEARINGS: STREET RIGHT-OF-WAY ON PURL PLACF Public headng to consider vacating and abandoning a 4,261- square foot portion of a 50-foot wide street right-of-way on Purl Place, north of the Robert Drive street right-of-way. (Attachment #15) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda s~mrna~) 2001 441 2001 Agenda Regular Council Meeting November 20, 2001 Page 6 15.b. 16. 17. Ordinance vacating and abandoning a 4,261-square foot portion of a 50-foot wide street right-of-way on Pud Place, north of the Robert Ddve street right-of-way; requiring the owners, Dr. and Mrs. Robert W. Madry, Jr. and Mrs. Ann C. Yeager, to comply with the specified conditions and reptat the property within 180 days at the owner's expense. (Attachment #15) ZONING CASES: Case No. 1001-06, Kate Haltom: A change of zoning from "A-I" Apartment House Distdct to an "AB" Professional Office Distdct on Bayview Addition, Block I, Lots 1 and 2. located on the southwest comer of Buford Street and Ocean Ddve. (Attachment #16) Planninq Commission's and Staff's Recommendation: Approval of the "AB" District. ORDINANCE Amending the Zoning Ordinance upon application by Kate Haltom by changing the zoning map in reference to Lots 1 and 2, Block 1, Bayview Addition, from '%-1" Apartment House District to "AB" Professional Office District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 1001-08, Cloudcroft Land Ventures, Inc.: A change of zoning from "R-lB" One-family Dwelling Distdct to "A-l" Apartment House District, 7.66 acres of land out of Lots 9, 10, and 11, Section 10, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Yorktown Boulevard, approximately550 feetwestofCimarron Boulevard. (Attachment #17) % Planning Commission's and Staff's Recommendation: Approval of the "A-I" District. ORDINANCE Amending the Zoning Ordinance upon application by Cloudcroft Land Ventures, Inc., by changing the zoning map in reference to CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of t~e agenda summa~) '"'? ,', 670 Agenda Regular Council Meeting November 20, 2001 Page 7 18. 19.a. 19.b. 19.c. 7.66 acres out of Lots 9, 10 and 11, Section 10, Flour Bluff and Encinal Farm and Garden Tracts, from "R-lB" One-family Dwelling Distdct to "A-1" Apartment House District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 1001-09, A.J. Leasing: A change of zoning from a "B-3" Business Distdct to an "1~2" Light Industrial District, 6.02 acres out of Tract 7, William Robertson Farm Tracts, located on the northwest comer of Saratoga Boulevard and County Road 37. (Attachment #18) Planninq Commission's and Staff's Recommendation: Approval of the "I-2" District. ORDINANCE Amending the Zoning Ordinance upon application by A.J. Leasing by changing the zoning map in reference to 6.02 acres out of Tract 7 of the William Robertson Farm Tracts, from "B-3" Business District to "1-2" Light Industrial District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. DUNE PROTECTION AND BEACH ACCESS: Public hearing on proposed amendments to the City's Dune Protection and Beach Access Plan, An Element of the Comprehensive Plan, and the Dune Protection and Beach Access Regulations. (Attachment #19) First Reading Ordinance - Amending the City of Corpus Christi, Texas Dune Protection and Beach Access Plan, An Element of the City of Corpus Chdsti Comprehensive Plan, by adopting a policy statement in support of Packery Channel, revising the definition of Erosion Area Line and description of Eroding Area Boundary, and by revising Figure 5, which illustrates the Beachfront Construction Line, Erosion Area Restriction Line, and Erosion Area Line. (Attachment #19) First Reading Ordinance - Amending the definition of "Erosion Area Line" in Section 10-1 of the Code of Ordinance, City of Corpus Chdsti. (Attachment #19) CITY COUNCIL PRIORITY ISSUES (Refer to legencl at the end of the agenda summay) Agenda Regular Council Meeting November 20, 2001 Page 8 19.d. 20.a 20.b. 20.c. 21. 22. 23. 24. First Reading Ordinance - Amending Ordinance No. 022164, which adopted the City of Corpus Chdsti, Texas Dune Protection and Beach Access Regulations, by revising Appendix III, Beachfront Construction Line, Erosion Area Restriction Line, and Erosion Area Line. (Attachment #19) ENTERPRISE ZONE: Public hearing to receive input concerning the adoption of an ordinance to expand the area of the City's State Designated Enterprise Zone and designate that same area as a Reinvestment Zone. (Attachment #20) Ordinance expanding and renewing the boundaries of the Corpus Chdsti Enterprise Zone and authorizing the filing of an Enterprise Zone Application with the Texas Department of Economic Development; further nominating the expanded Enterprise Zone a Reinvestment Zone. (Attachment #20) Resolution nominating and designating Vision Technologies Aerospace, Ltd. as a qualified business and enterprise project pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code. (Attachment #20) Resolution authorizing the City Manager or his designee to submit an application to the U.S. Department of Commerce for an Economic Development Administration Grant up to $1,500,000 to construct improvements on the property of Corpus Chdsti International Airport in connection with the Vision Technologies Aerospace, Ltd. proposal. (Attachment #21) PRESENTATIONS: Public comment will not be solicited on Presentation items. FY2001-2002 First (Attachment #22) Quarterly Budget/Performance Report Quarterly update on the Cib/s Health Insurance Program (Attachment #23) Beach Cleaning Study by Shiner, Moseley and Associates, Inc. (Attachment #24) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summa~) Agenda Regular Council Meeting November20,2001 Page 9 REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 25.a. First Reading Ordinance - Annexing Wood River Areas A and B contiguous to the city limits in We vicinity of the Wood River Subdivision; providing for a service plan for the annexed areas of land; providing that the owners and inhabitants are entitled to all dghts, privileges, and burdens of other citizens and property owners of the City of Corpus Chdsti and are subject to and bound by the City Charter, Ordinances, Resolutions, and Rules; providing for amendment of the official maps of the City of Corpus Chdsti, and providing for an effective date. (Attachment #25) 25.b. First Reading Ordinance - Annexing Padre Island Area C, Tracts 1 and 2, contiguous to the city limits in the vicinity of the Nueces- Kleberg County Line and adjacent to South Padre Island Drive (Park Road 22) and south of Sea Pines Ddve; providing for a service plan for the annexed tracts of land; providing that the owners and inhabitants are entitled to all dghts, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, Ordinances, Resolutions, and Rules; providing for amendment of the official maps of the City of Corpus Christi, and providing for an effective date. (Attachment #25) 25.c. First Reading Ordinance - Annexing Area D, a 919.17 acre area in the vicinity of Mustang Island, southeast of the Corpus Christi Ship Channel, between the city limits of the City of Corpus Christi and the west city limits of the City of Port Aransas, contiguous to the city limits of the City of Corpus Chdsti; providing for a service plan for the annexed area of land; providing that the owners and inhabitants are entitled to all dghts, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and area subject to and bound by the City Charter, Ordinances, Resolutions, and Rules; providing for amendment of the official maps of the City of Corpus Chdsti, and providing for an effective date. (Attachment #25) 25.d. First Reading Ordinance - Annexing Area E, Gulf of Mexico Water Area east of Port Aransas and Aransas Pass containing 13,128.45 acres of water area, more or less, adjacent to Mustang Island and partly in Nueces County, Texas and partly in Aransas CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November20,2001 Page10 25.e. 26.a. County, Texas, and contiguous to the city limits of the City of Corpus Chdsti; providing for a service plan for the annexed area of land; providing that the owners and inhabitants are entitled to all dghts, privileges, and burdens of other citizens and property owners of the City of Corpus Chdsti and are subject to and bound by the City Charter, Ordinances, Resolutions, and Rules; providing for amendment of the official maps of the City of Corpus Christi, and providing for an effective date. (Attachment #25) First Reading Ordinance - Annexing Mustang Island Area F, Tracts 3A, 3B, 4 and 5 located between Mustang Island State Park and the City of Port Aransas and contiguous to the city limits of the City of Corpus Chdsti; providing for a service plan for the annexed area of land; providing that the owners and inhabitants are entitled to all dghts, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, Ordinances, Resolutions, and Rules, providing for amendment of the official maps of the City of Corpus Chdsti, and providing for an effective date. (Attachment #25) Motion adopting the timetable for the FY2002 Consolidated Plan/Annual Action Plan that is the planning and application process for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) programs. (Attachment #26) 26.b. Motion reaffirming Community Development Block Grant Program objectives and guidelines as previously adopted by the City Council on March 22, 1994 (Ordinance No. 021901). (Attachment #26) 27. Motion directing.~anager to imp~check-off capabilities,~non-public safety cibj~ployees. (Attachment #27) ~ ~ PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 5:30 P.M. OR AT THE END OF THF COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASF 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 CITY COUNCIL PRIORITY ISSUES (Refer to legend at ~e end of me agenda summa,?} 2001 .,43 2001-444 Agenda Regular Council Meeting November 20, 2001 Page 11 28. 29. 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.) Si usted se didge a la junta y cree que su ingl~s es limitado, hab~ un int~rprete ingl~s-espa~ol en la reunid~n de la junta para ayudade. PER ClTY 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. EXECUTIVE SESSION: PUBLIC NOT/CE is given that the City Council may elect to go into executive session at any time dudng the meeting in order to discuss matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code. 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 pursuant to Texas Government Code Section 551.071 regarding Larry Young et al v. City of Corpus Chdsti, No. 01-647-C, 94th Distdct Court, Nueces County, Texas, with possible discussion and action related thereto in open session. Executive session pursuant to Texas Government Code Section 551.071 regarding Mary Collins et al v. City of Corpus Christi, No. 01-646-C, 94th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other b#ef discussions regarding city-related matters. CITY COUNCIL PRIORITY ISSUES (Refer to legencl at the end of t~e agenda summary) 2001 Agenda Regular Council Meeting November 20, 2001 Page 12 30. 31. 32. O. NOTE: CITY MANAGER'S REPORT * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS ADJOURNMENT: 5: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 3:30 p.m., November 16, 2001. /~rmando Chap~ City Secretary The City Council Agenda can be found on the City's Home Page at www.ci.corpus-christi.tx.us after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highiight action item that implement council priority issues. CITY COUNCIL PRIORITY IS__SUES (Refer to legend at the end of the agenda summary) 28. M2001-445 Motion authorizing the City Manager to execute a legal services agreement with Lowell Denton, Denton, Navarro & Bemal, to represent the city in Lary Young et al v. City and Mary Collins et al v. City at an hourly rate of $200 for shareholders, $145 for associates, and $65 for paralegals, plus expenses, subject to appropriation and certification. O0 O<z >. OLLI EMERGENCY SUPPLEMENTAL POSTING CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD NOVEMBER 20, 2001 2:00 P.M. The following item is added to the agenda of the Regular Council Meeting for November 20, 2001: 33. Motion to authorize the City. Ivlanager to enter into a contract with the Texas Water Development Board for the purposes of performing a volumetric survey of Lake Corpus Christi Reservoir in an amount not to exceed $40,000. An emergency or an urgent public necessity exists because immediate action is required because ora reasonably unforeseeable situation. Lake Corpus Christi has suddenly filled after lengthy drought, which enables an accurate survey of storage capacity to be conducted. This survey has been long delayed because of the low lak~ levels. The Texas Water Development Board has notified the City that the Board has an open time frame prior to Christmas during which they can perform this survey. Otherwise, it would be necessary to wait until they can complete other projects. POSTING STATEMENT This notice was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at( !: ~/~)a.m., November 20, 2001. ~d'mando Chapa, City Secretary 33. M2001-446 Motion authorizing the City Manager to enter into a contract with the Texas Water Development Board for the purposes of performing a volumetric survey of Lake Corpus Christi Reservoir in an amount not to exceed $40,000.