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HomeMy WebLinkAboutReference Agenda City Council - 01/08/2002AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD JANUARY 8, 2002 2:00 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 5:30 p.m. or at the end of the Council Meeting, whichever is eadier. 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 City Secretary. Si ud. Desea dirigirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espa~ol en 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 36!-880-3105) at least 48 hours in advance so that appropriate arrangements can be made. Mayor Samuel L. Neal, Jr. to call the meeting to order. Invocation to be ven ;:[~ T,,,,==, ,~,=~,o u~ ~,.~,~. Pledge of Allegianc~ to the Flag to the United States.- D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. v'//- Mayor Pro Tern Jesse Noyola v" Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Mark Scott City Manager David R. Garcia ~ City Attorney James R. Bray, Jr. City Secretary Armando Chapa L~f E. MINUTES: / 1. ~/~pproval of Joint and Regular Meetings of December 18, 2001. (Attachment # 1) Agenda Regular Council Meeting January 8,2002 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Corpus Chdsti Business and Job Development Corporation · Mechanical/Plumbing Advisory Board · Electrical Advisory Board · Weed and Seed Steering Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are 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 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. CO.SENT ^GE.D^ 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 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 aflerthe items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCE-~ 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 two (2) Ford Expeditions from the Houston-Galveston Area Council of Governments (HGAC), for the total amount of $53,042.64. The award is based on the Cooperative Purchasing Agreement with HGAC. These vehicles will be used by the Police Department. Funds are available in FY2001-2002 Capital Outlay Budget. These items are additions to the fleet. (Attachment # 3) CITY COUNCIL PRIORITY ISSUES (Refer to legend at t~e end of the agenda summary) 2002-001 Agenda Regular Council Meeting January 8,2002 Page 3 .8, Motion authorizing the City Manager or his designee to execute a construction contract with King-Isles, Inc., of Corpus Christi, Texas, in the amount of $41,400 for the Old Brownsville Road Sanitary Sewer Extension (Central Kitchen West Campus Del Mar College). (Attachment # 4) Motion authorizing the City Manager or his designee to execute a construction contract with Haeber Roofing of Corpus Christi, Texas, in the amount of $32,218 for the Engineering Annex and Storage Building Re-Roof FY2001-2002. (Attachment # 5) Motion authorizing the City Manager or his designee to execute a construction contract with Rabalais I & E Constructors of Corpus Christi, Texas, in the amount of $3,256,190 for the O.N. Stevens Water Treatment Plant Chemical Storage and Feed System Addition and Upgrade - Part 2. (Attachment # 6) Motion authorizing the City Manager or his designee to acquire Parcel 8 from Ray Edward Cox in connection with the Minor Storm Drainage Improvements along Jester Street Project, No. 2106, requiring execution of a Quit Claim Deed relinquishing any City rights to Boat Hole Drive (aka Cove Drive), and Valerie Street, located on Lot 7, Section 56, Flour Bluff and Encinal Farm and Garden Tracts and payment of $4,370. (Attachment # 7) Motion authorizing the City Manager or his designee to execute a construction management contract with Engineering and Construction Management Services, Inc. of Corpus Christi, Texas, in an amount not to exceed $36,000 related to the Nourishment of Corpus Christi Beach. (Attachment # 8) Ordinance approving Phoenix Demolition, Inc. option to renewthe "Post Construction Lease" to allow the right of access for the removal of 126,000 cubic yards of sand from the O.N. Stevens Water Treatment Plant for an additional twelve (12) months on the same terms and conditions of said Lease. (Attachment # 8) Motion authorizing the City Manager or his designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $5,406.21 for the purchase of computer equipment and software for the Corpus Christi Fire Department EMS Division. (Attachment # 9) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) OO2 2002- 00S 2002-00 2002 -0 5 2002-006 2002-007 Agenda Regular Council Meeting Januaw 8,2002 Page 4 lO.a. lO.b. 11.a. 11.b. 11r- 11.d. 11.e. Ordinance appropriating $5,406.21 from the Coastal Bend Regional Advisory Council in the No. 1050 Federal/State Grants Fund for the purchase of computer equipment and software for Corpus Christi Fire Department EMS Division. (Attachment # 9) Motion authorizing the City Manager or his designee to accept a grant in the amount of $16,659 from the Texas State Library and Archives Commission for general library purposes. (Attachment # 10) Ordinance appropriating $16,659 from the Texas State Library and Archives Commission in the No. 1050 Federal/State Grants Fund for general library purposes. (Attachment # 10) Motion authorizing the City Manager or his designee to accept a grant from the Texas Coastal Coordination Council in the amount of $60,000 to construct a hike and bike trail along Whitecap Boulevard. (Attachment # 11) Ordinance appropriating $60,000 from the Texas Coastal Coordination Council in the No. 1050 Federal/State Grants Fund for construction of a hike and bike trail along Whitecap Boulevard. (Attachment # ! 1) a contract with the Padre Island Property Owners Association in the amount of $60,000 to construct a hike and bike trail along Whitecap Boulevard and provide $40,000 or greater of in-kind services or cash to complete the project. (Attachment # 11) Motion authorizing the City Manager or his designee to accept a grant from the Texas Coastal Coordination Council in the amount of $60,000 to construct Overlooks on Falcon Park. (Attachment #1~) Ordinance appropriating $60,000 from the Texas Coastal Coordination Council in the No. 1050 Federal/State Grants Fund for the construction of Overlooks at Falcon Park. (Attachment # 11) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2002-008 2002-009 2002_-010 2002 -011 Agenda Regular Council Meeting January 8,2002 Page 5 11.f. 12.a. 12.b. 13. 14. Motion authorizing the City Manager or his designee to accept Lots 1 & 2, Lakes 7b Subdivision, Corpus Christi, Nueces County, Texas as a land donation to the City of Corpus Chdsti from the Corpus Chdsti Industrial Development Corporation. (Attachment #11) Motion authorizing the City Manager or his designee to execute Attachment No. 05 to Contract No. 7460005741-2002 with Texas Department of Health in the amount of $437,297 and providing for the Bureau of Clinical and Nutrition Services to fund group nutrition education, individual counseling, immunization services and to distribute food vouchers at no cost to individuals identified as having nutritional deficiencies and/or nutritional risk during the period of October 1, 2001 through September 30, 2002. (Attachment # 12) Ordinance appropriating $437,297 from the Texas Department of Health in the No. 1050 Federal/State Grants Fund to fund nutrition education, individual counseling, immunization services and to distribute food vouchers at no cost toindividuals identified as having nutritional deficiencies and/or nutritional risk. (Attachment # 12) First Reading Ordinance - Authorizing the City Manager or his ~o?!~,,ee +e e',ect~te ~ ~!,'~,,,-,.,,~, ~e~?_ "e~tr~ct ,.,,!th De-_t!~¥ Associates, Inc. for the occupancy of 450-square feet into the existing Schatzel Street Right-of-Way (ROW) to repair and maintain a permanent building structure, concrete facings and planters that are encroaching into the Public Street ROW located respectively adjacent to the north boundary line of Lot 7, Block 12, Beach Portion; establishing a fee of $1,050 as payment for the first five (5) year lease increment. (Attachment # 13) Second Reading Ordinance - Authorizing the City Manager or his designee to execute an amendment to the lease agreement executed with Padre Soccer League on November 12, 1996, Ordinance No. 022750, to increase the leasehold area and to incorporate additional language. (First Reading - 12/11/01) (Attachment # 14) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2002-012 2002-013 Agenda Regular Council Meeting Janua~ 8,2002 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 15. 16. 17. J. 18.a. 18.b. 19. Second Reading Ordinance - Revising Section 55-151(b) of the Code of Ordinances, City of Corpus Christi, relating to the City's Water-Well Leasing Program. (First Reading - 12/18/01) (Attachment # 15) PRESENTATIONS: Public comment will not be solicited on Presentation items. Presentation on the proposed development of Artesian Park (Attachment # 16) Quarterly Update, Bond Issue 2000 (Attachment # 17) PUBLIC HEARINGS: CAPITAL IMPROVEMENT BUDGET PROGRAM: Public Hearing on Capital Improvement Program Budget FY2002 (Attachment # 18) First Reading Ordinance - Approving the FY2002 Capital Budget in the amount of $152,674,800. (Attachment # 18) ZONING CASES: .C. ase No. 1201-01, Glenn E. Lyons: A chapge of zoning from a 'R-2" Multiple Dwellin.g, District to an ~5~'' Professional Office District on 'i'ract 1 and 'B-4" General/i~bsiness District on Tract 2 on Flour Bluff and Encinal Farm~(d Garden Tracts, Section 13.3~" 7.89 acres out of Lots 18 and/19', located south of Williams and east of South Stap~freet. (Affachment # 19~/..-/ Planninq Commissio~ and Staff's RecommendatiOn: Approval of an "AB" District~ Tract 1 and "B-4" District~ Tract 2. ^mending the 7oning Ordinance ~l~on application by Glenn F. Lyon.~a¥ changing the zoning mp0 in reference to 7.89 acres out of E6ts ~8 and 19, Sec?on 132/Flour Bluff and Encinal Farm and Garden tracts, from R-~e D,w,,~li.n,,~Distdct to "AB" Professional Office Distdgt/on Tract 1 and "B4" General Business Agenda Regular Council Meeting Januaw 8,2002 Page 7 20. 21. Distdct on Tract 2; amending the Comprehensive Plan to account for any deviations from the existing Compreh Case No. 1201-02, Glenn E. Lyons: of zoning from a "R-2" Multiple Dwelling District to Professional Office Distdct on Tract I and "B-4" Gen, ~ss District on Tract 2 Flour Bluff and Encinal Farm Garden Tracts, Section 13, 7.598 acres out of Lots 1~ 19, located south of Willia~ Drive and east of South ales Street. (Attachment # 20 Planninq Commi,. of the "AB" Distri¢ Staffs Recommend 1 and "B-4" District ORDINANCE Amendif Lyon., out 18 and 19, Section 13, a Tracts, from "R-2" onal Office District on' District on Tract 2; amendin( for any deviations Zoning Ordinance upor by Glenn E. changing the zoning map ' to 7.598 acres uff and Encinal Farm )le Dwelling District to "AB" 1 and "B-;4" General Business )rehensive Plan to account Comprehensive Plan. Case No. 1201-03, DHS Enterprises, L.P.: A change of zoning District on River Square Unit 1, Block 1, Lots 1, 2, and 1.995 acres out of Lot 4 and River Square Unit 2, Block 8, 3.178 acres out of Lot lA, located along Twin River Boulevard, between McKenzie Lane and Interstate Highway 37. (Attachment # 21) Planninq Commission's and Staff's Recommendation: Denial of "1-2" and in lieu thereof, approval of a Special Permit for warehouses and limited outside storage subject to five (5) conditions. ORDINANCE Amending the Zoning Ordinance upon application by DHS Enterprises, L.P. by changing the zoning map in reference to Lots 1,2, 3 and 1.995 acres out of Lot 4, Block 1, River Square Unit 1, and 3.178 acres out of Lot lA, Block 8, River Square Unit 2, (currently zoned "B-4" General Business District) by granting a CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Januaw 8,2002 Page 8 22. 23.a. Special Permit for warehouses and limited outside storage subject to five conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 1201-04, Anna K. Moore-Rush: A change of zoning from "A-1" Apartment House District to "AB" Professional Office District on Bayfront Terrace, Block 4, Lot 7 and portion of Lots 8 and 9, located on the southwest corner of Ayers Street and Ocean Drive. (Attachment # 22) Planning Commission's Recommendation: Denial of the "AB" District and in lieu thereof, approval of a Special Permit for medical and professional office uses subject to site plan and five (5) conditions. Planninq Staff's Recommendation: Denial. ORDINANCE Amending the Zoning Ordinance upon application by Anna K. Moore-Rush by changing the zoning map in reference to Lot 7 and a portion of Lots 8 and 9, Block 4, Bayfront Terrace, (currently zoned "A-1" Apartment House District) by granting a Special Permit for medical and professional office uses subject to Plan to account for any deviations to the existing Comprehensive Plan. STREET ASSESSMENT: (Tabled from 12/11/01 Council Meeting} Ordinance closing the public hearing on proposed assessments for improvements to the following highway in Corpus Christi, Nueces County, Texas: (Attachment # 23) Hampshire Road from State Highway 358 to McBride Lane imposing assessments totaling $67,402.96 against property abutting the improvements, affected railways, and property and railway owners; fixing corresponding liens on property and charges against property owners; providing for subsequent adjustment of assessment amounts and the corresponding liens CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Janua~ 8,2002 Page 9 23.b. and charges based on as-built conditions; specifying assessment payment terms and lien enforcement measures. Motion authorizing the City Manager, or his designee, to execute a construction contract with Jhabores Construction Company in the amount of $547,852.31 for Hampshire Road Improvements from State Highway 358 to McBride Lane. (Attachment # 23) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: (NO REGULAR ITEMS TO BE CONSIDERED) L. 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 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, GIWNG YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone ¢ocated at the nodi, ¢m and state ~/our ngme and addre.,~R fF vnu have a t)e!ifion 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 inglOs es limitado, habr~ un intOrprete inglOs-espa~ol en la reunion de la junta para ayudarle. PER ClTY COUNCIL POLICY, NO COUNCIL MEMBER, STAPF 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 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 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summa,y) 2002-014 Agenda Regular Council Meeting Januaw 8,2002 Page 10 24. 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 pursuant to Texas Government Code Sections 551.071, 551.072, and 551.087 regarding proposals for development of the Corpus Christi Marina, with possible discussion and action related thereto in open session. 25. Executive session pursuant to Texas Government Code Section 551.071 for legal advice regarding Priscilla G. Leal v. the City of Corpus Christi, et al No. 01-0253-E, !48th District Court, Nueces County, Texas, with possible discussion and action, related thereto in open session. 26. Executive session pursuant to Texas Government Code SectFon 551.074 regarding appointment of Municipal Cou~ Judges, with discussip¢ and acti~ related thereto ip open s~sion. N. REPORTS: The following reports include questions by Council to Staff regarding L;i[~/ policies or ac[iw[les; toques[ Dy L, ouncIl [or in[ornTa[ion 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 brief discussions regarding city-related matters. 27. CITY MANAGER'S REPORT 28. 29. O. * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS ADJOURNMENT: CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2002 016 Agenda Regular Council Meeting' JanuaW 8,2002 Page 11 POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 2:30 p.m., January4 ,2001. City Secretary NOTE: 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 highlight action item that implement council priority issues. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 25. M2002-01~ Motion authorizing the City Manager to execute documents to settle Priscilla G. Leal v. the City of Corpus Christi, et al No. 01-0253-E, 148th District Court, Nueces County, Texas, for $80,000 as recommended by the City Attorney. 26. M2002-01~ Motion appointing Margie Flores as Judge of the Municipal Court of Corpus Christi, Texas, Division B, and setting her salary at $54,105 to a term coterminous with that of the City Council. --LLI z ~ (.9 ~" ~" ~ z