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HomeMy WebLinkAboutReference Agenda City Council - 11/12/2002:45 p.m. Proclamation declaring November, 2002 as "National Adoption Month" Proclamation declaring November 15, 2002 as "Texas Recycles Day" AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD NOVEMBER 12, 2002 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 City Secretary. Si ud. Desea dirigirse al Concilio y cree que su ingl6s es Iimitado, habr~ un int6rprete ingl&s-espaflol en todas las juntas del Concilio para ayudade. 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 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be made. B. C. D. Mayor Samuel L. Neal, Jr. Mayor Pro Tem Javier D. Colmenero Mayor Samuel L. Neal, Jr. to call the meeting ~o order. Invocation to be given by'Pc=to;' Pledge of Allegiance to the Flag of the United States. City Secretary Armando Chapa to call the roll of the required Charter Officers. Council Members: Brent Chesney Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott / City Manager David R. Garcia ~ City Attomey James R. Bray, Jr.~ City Secretary Armando Chapa V' Agenda Regular Council Meeting November12,2002 Page 2 Ee Em MINUTES: ~/Approval of Joint Meeting of October 22, 2002, Regular Meeting of October 29, 2002 and Special Meeting of November 5, 2002. (Attachment # 1) 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 pursuant to Texas Government Code Section 551.071 regarding Arena proposals and proposal process, with possible discussion and action related thereto in open session. Executive session pursuant to Texas Govemment Code Section 551.071 regarding City of San Benito v. PG&E Gas Transmission, Texas Corporation et al, No. 96-12-7404-A, 107th District Court, Cameron County, Texas, and the remaining claim of the City of Corpus Chdsti related thereto, and regarding similar claims of the City of Corpus Christi against other similar entities, with possible discussion and action related thereto in open session. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 4) Citizens Advisory Health Board Food Service Advisory Committee Library Board Landmark Commission Water Resources Advisory Committee Weed and Seed Program Steering Committee EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items ara listed as motions, resolutions, or ordinances. If deemed appropriate, the City CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November12,2002 Page 3 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 ragu/ar, or a subsequent special meeting; such agendas are incorporated herein for reconsideretion and action on any reconsidered item. I. 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 afterthe 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) Motion approving the purchase of three (3) riding mowers from Jones Equipment and Turf, Inc., of Fort Worth, Texas, in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $33,324. The riding mowers will be used by the Park and Recreation Department. Funds are available in the FY2002-2003 Capital Outlay Fund. (Attachment # 5) Motion approving the purchase of one (1) line jetting truck from the Houston-Galveston Area Council of Governments (HGAC), for a total amount of $79,725.55. The award is based on the Cooperative Purchasing Agreement with HGAC. This vehicle will be used by the Wastewater Department. Funds are available from the FY2002-2003 Capital Outlay Budget. This item will be an addition to the fleet. (Attachment # 6) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summa~) 2002 365 2002 366 Agenda Regular Council Meeting November12,2002 Page 4 7.5. Ordinance appropriating $46,754.62 from the Reserve for Capital Outlay in the No. 5110 Maintenance Service Fund to purchase equipment and amending the FY2002-2003 Operating Budget adopted by Ordinance No. 024974 to increase appropriations by $46,754.62 in the No. 5110 Maintenance Service Fund. (Attachment # 7) Motion approving the purchase of seven flatbed trailers, from H&V Equipment Services, of Corpus Chdsti, Texas in accordance with Bid Invitation No. BI-0007-03 based on Iow bid for a total amount of $46,754.62. The trailers will be used by Storm Water, Water and Wastewater Departments. Three items are replacements and four ara additions to the fleet. (Attachment # 7) Motion approving a supply agreement with Univar, USA, Inc., of Corpus Christi, Texas, for approximately 1,312,079 pounds of sodium bisulfite in accordance with Bid Invitation BI-0006-03 based on best and lowest bid for an estimated annual expenditure of $190,251.46. The term of the contract will be for twelve months with an option to extend for up to two additional twelve-month pedods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Wastewater Department in FY2002-2003. (Attachment # 8) Motion approving a software maintenance and licensing supply agreement with SHI-Govemment Solutions, of Austin, Texas for Novell NetWare Operating System, Novell GroupWise and Novell ZENworks in accordance with the State of Texas Cooperative Pumhasing Program for an estimated annual expenditure of $84,283.93. The term of the contract will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. (Attachment # 9) Motion authorizing the City Manager or his designee to enter into a contract with Precision Task Group, Inc. (PTG), of Houston, Texas for consulting services for the PeopleSoft Financial Applications upgrade in accordance with the State of Texas Cooperative Purchasing Program for an amount not to exceed $300,000. (Attachment # 10) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 025084 2002 367 20O2 368 2002 369 20O2 37O Agenda Regular Council Meeting November12,2002 Page 5 11. 12.a. 12.b. 13. 14. 15.a. Motion authorizing the City Manager or his designee to execute an engineering services contract with Shiner, Moseley and Associates, Inc., of Corpus Christi, Texas, in an amount not to exceed $99,700 for the J.C. Elliott Landfill Sector 10 Liner Improvements. (Attachment # 11) Motion approving the reimbursement application for $48,517 submitted by Shell Development Joint Venture, owner and developer of Barclay Grove Unit 7 Subdivision, for the installation of 2,125 linear feet of an off-site 12-inch PVC sanitary sewer collection line. (Attachment # 12) Ordinance appropriating $48,517 in the Sanitary Sewer Collection Line Trust Fund No. 4220 to pay Shell Development Joint Venture's reimbursement request for the installation of 2,125 linear feet of an off-site 12-inch PVC sanitary sewer collection line to develop Barclay Grove Unit 7 Subdivision. (Attachment # 12) Resolution recognizing public necessity of acquiring utility and construction easements for the Southside Water Transmission Main Project, Phases 2, 2a, & 3, for utility and other municipal purposes in connection with said project; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring said easements. (Attachment # 13) Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Gus Montis, in the amount of $121,500 plus $1,500 in closing costs and an additional amount not to exceed $10,000 for relocation assistance to cover moving costs and incidental expenses in connection with a replacement business property, all for the purchase of fee simple property rights for Parcel 2, being all of Lot 12, Block 1, Mount Vemon Subdivision, with street address of 4902 Everhart Road, necessary for the McArdle Road Street Improvement Project, Phase 3. (BOND ISSUE 2000) (Attachment # 14) Motion authorizing the City Manager or his designee to accept grant funding in the amount of $73,420 from the Texas Department of Transportation for funding of a Driving While Intoxicated Selective Traffic Enforcement Project (STEP) in the Police Department for overtime DWI Enforcement and to execute all related documents. (Attachment # 15) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2002 371 2002 372 0250 5 0250 6 2002 373 2002 37 4 Agenda Regular Council Meeting November 12, 2002 Page 6 15.b. 16.a. 16.b. 17.a. 17.b. 18. 19.a. Ordinance appropriating $73,420 from the Texas Department of Transportation for a funding for a Driving While Intoxicated Selective Traffic Enforcement Project (STEP) in the No. 1050 Federal/State Grants Fund. (Attachment # 15) Motion authorizing the City Manager or his designee to accept a renewal grant in the amount of $18,115 and execute a contract with the Corporation for National and Community Service for the continuation of the Retired and Senior Volunteer Program. (Attachment # 16) Ordinance appropriating a grant in the amount of $18,115 awarded by the Corporation for National and Community Service in the No. 1050 Federal/State Grants Fund for the Retired and Senior Volunteer Program. (Attachment # 16) Motion authorizing the City Manager or his designee to accept a renewal grant in the amount of $4,375 and execute a contract with the Corporation for National and Community Service for the continuation of the Senior Companion Program. (Attachment # 17) Ordinance appropriating a grant in the amount of $4,375 awarded by the Corporation for National and Community Service in the No. 1050 Federal/State Grants Fund for the Senior Companion Program. (Attachment # 17) Ordinance authorizing assignment of Hangar and Fixed Base Operator's Lease with the City of Corpus Chdsti from Mercury Air Group, Inc., to Mercury Air Center-Corpus Chdsti, Inc. with Mercury Air Group, Inc., to remain liable for performance of the lease terms. (Attachment # 18 Ordinance adopting and levying a sales and use tax for the purpose of continuing to finance the operation of the Corpus Christi Cdme Control and Prevention District as approved by the voters of Corpus Christi in Proposition 1 at the election on November 5, 2002; declaring the results of the election continuing said district; providing an effective date. (Attachment # 19) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 20O2 375 0 ? 5 0 88 2002 376 025030 025082 Agenda Regular Council Meeting November12,2002 Page 7 19.b. 20. 21. 22. 23. Ordinance adopting and levying a sales and use tax of one-eighth of one pement for purposes authorized by Section 4A of the Development Corporation Act as approved by the voters of Corpus Christi in Propositions 2, 2A, and 2B at the election on November 5, 2002; providing an effective date. (Attachment # 19) First Reading Ordinance - Authorizing the City Manager or his designee to execute a five-year lease with Jesus Joe Mondragon, doing business as Corpus Christi City By the Sea Girls Fast Pitch League, for the use of a portion of Botsford Park for its softball program and in consideration of Corpus Christi City By the Sea Girls Fast Pitch League maintaining the premises and improvements. (Attachment # 20) First Reading Ordinance - Authorizing the City Manager or his designee to execute a five-year lease with Jesus Joe Mondragon, doing business as South Texas Pop Warner Youth Football Central Corpus Christi Association for the use of a portion of Botsford Park for its football program and in consideration of South Texas Pop Wamer Youth Football Central Corpus Christi Association maintaining the premises and improvements. (Attachment # 21) Second Reading Ordinance - Authorizing the City Manager or his designee to execute a long-term lease agreement with Host International, Inc., of Bethesda, Maryland for the operation of a news and gift concession at the Corpus Christi International Airport for a term of ninety-six months. (First Reading - 10/08/02) (Attachment # 22) Second Reading Ordinance - Authorizing the City Manager or his designee to execute an amendment to the lease agreement executed with Noble Food Services, Inc., of Corpus Christi, Texas, on November 21, 2000, by Ordinance No. 024289, and amended on December 11, 2001, by Ordinance No. 024685, to extend the term of the lease from 3:01 a.m. January 1,2003, until 3:00 a.m. August 1, 2004. (First Reading - 10/08/02) (Attachment #23) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 09.5083 025091 . c5092 Agenda Regular Council Me~ing November12,2002 Page 8 J$ 28. PRESENTATIONS: Public comment will not be solicited on Presentation items. Crime Control and Prevention District Five Year Plan (Attachment # 24) Proposition 2 - Sales Tax Update and Timeline (Attachment # 25) Proposition 4- Marina Leases/Development Update (Attachment # 26) Packery Channel Project, Status Update (Attachment # 27) (Related Action Item # 34) PUBLIC HEARINGS: ZONING CASES: Case No. 0902-03, Christus Spohn Health System: A change of zoning from an "A-l" Apartment House District with a "SP" Special Permit and "AB" Professional Office District with a "SP" Special Permit to a "B-2" Bayfront Business District on Ocean View Addition, Block I, Lots 4, 5, and 6, and Block IIA, part of Lot 3, located on the west side of Ocean Drive; approximately 150 feet south of Morgan Avenue. (Attachment # 28) Planning Commission's and Staff's Recommendation: Approval of the "B-2" Bayfront Business District. ORDINANCE Amending the Zoning Ordinance upon application by Christus Spohn Health Systems by changing the zoning map in reference to Lots 4, 5, and 6, Block I, and part of Lot 3, Block IIA, Ocean View Addition, from "A-I"/SP Apartment House District with a Special Permit and "AB'/SP Professional Office District with a Special Permit to "B-2" Bayfront Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November12,2002 Page 9 29. 30.a. 30.b. 31.a. 31.b. Case No. 0902-04, Jim Walter Homes, Inc.: A change of zoning from a "F-R" Farm-Rural District to a "B-4" General Business District on 2.0936 acres out of a 160.62-acre tract out of the Gregorio Farias Grant, located on the east side of U.S. Highway 77, approximately 800 feet south of County Road 52. (Attachment # 29) Planninq Commission's and Staffs Recommendation: Approval of a "B-4" General Business District. ORDINANCE Amending the Zoning Ordinance upon application by Jim Walter Homes, Inc., by changing the zoning map in reference to 2.0936 acres out of a 160.62-acre tract out of the Gregorio Fadas Grant, from "F-R" Farm-Rural Distdct to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. OPEN SPACES MASTER PLAN: Public hearing concerning the adoption of the City of Corpus Christi Parks, Recreation and Open Spaces Master Plan. (Attachment # 30) First Reading Ordinance - Amending the Comprehensive Plan to the City of Corpus Christi by adopting the City of Corpus Christi Parks, Recreation and Open Spaces Master Plan, and providing for repeal of conflicting ordinances. (Attachment # 30) STREET ASSESSMENTS: Public hearing on proposed assessments for improvements to the following highways in Corpus Christi, Nueces County, Texas: (Bond Issue 2000) (Attachment # 31) Azores Drive from Caribbean to cul-de-sac; and Catcay Drive from Caribbean to cul-de-sac Ordinance closing the public hearing on proposed assessments for improvements to the following highways in Corpus Chdsti, Nueces County, Texas: (Bond Issue 2000) (Attachment # 31) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Me~ing November12,2002 Page10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 31 .c. 32.a. 32.b. 32.c. 32.d. Azores Ddve from Caribbean to cul-de-sac; and Catcay Drive from Caribbean to cul-de-sac imposing assessments totaling $89,821.28 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 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 Salinas Construction of Pleasanton, Texas in the amount of $883,739.07 for the following: (Bond Issue 2000) (Attachment # 31) Azores Drive from Caribbean to cul-de-sac; and Catcay Ddve from Caribbean to cul-de-sac RIGHT-OF-WAY: Public hearing to consider vacating and abandoning a 28,800- square foot portion of an 80-foot wide street right-of-way on Water Street, between the Resaca Street and Hughes Street street rights-of-way. (Attachment # 32) Ordinance vacating and abandoning a 28,800-square foot portion of a 80*foot wide street right-of-way on Water Street, between the Resaca Street and Hughes Street rights-of-way; subject to compliance with the specified conditions and the owner replatting the property within 180 days at the owner's expense. (Attachment # 32) Public hearing to consider vacating and abandoning a 18,000- square foot portion of a 60-foot wide street right-of-way on Hughes Street, between the Water Street and West Shoreline Boulevard street rights-of-way. (Attachment # 32) Ordinance vacating and abandoning 18,000-square foot portion of a 60-foot wide street right-of-way on Hughes Street, between the Water Street and West Shoreline Boulevard street rights-of- 2002 377 025096 0 , 5097 Agenda Regular Council Meeting November12,2002 Page 11 way; subject to compliance with the specified conditions and the owner replatting the property within 180 days at the owner's expense. (Attachment # 32) 32.e. Public hearing to consider vacating and abandoning 62,832- square feet of the west side portion of the North Shoreline Boulevard street right-of-way, approximately 792-feet north of the north right-of-way line of Resaca Street right-of-way. (Attachment # 32) 32.f. Ordinance vacating and abandoning 62,832-square feet of the west side portion of the North Shoreline Boulevard street right-of- way, approximately 792-feet north of the north right-of-way line of Resaca Street right-of-way; subject to compliance with the specified conditions and the owner replatting the property within 180 days at the owner's expense. (Attachment # 32) COMMUNITY COMMERCIAL REVITALIZATION: 33.a. Public hearing to consider and approve the State of Texas Commercial Revitalization Deduction Allocation Program and State Plan and the City of Corpus Christi Commercial Revitalization Local Strategic Plan. (Attachment # 33) 33.b. Resolution endorsing the State of Texas Renewal Community Commercial Revitalization Deduction Allocation Program and State Plan. (Attachment # 33) 33.c. Resolution adopting the City of Corpus Christi Commercial Revitalization Local Strategic Plan. (Attachment # 33) 33.d. Lm Public hearing to consider, prioritize and nominate applications for Commercial Revitalization Deduction Allocations. (Attachment# REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 34. Resolution authorizing the City Manager or his designee to execute Coastal Lease No. CL20020005 with the State of Texas for the North Padre Island Storm Damage Reduction and CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 0 ;!'_, 099 025'100 2002 378 Agenda Regular Council Meeting November12,2002 Page 12 35. Environmental Restoration Project (Packery Channel Project) and implement project mitigation and the Memorandum of Understanding regarding the monitoring of the Mollie Beattie Coastal Habitat Community and Molly Beattie Methodology. (Attachment # 34) ~ Ordinance by the Ci~<~uncil of the City of Co~;m~Christi, Texas, providing f~the issuance of $31,490,0~0()'City of Corpus Christi, Texas~mbination Tax and Munic~a'l Hotel Occupancy Tax Rev~de Certificates of Oblig~:fn, Series 2002, and ordain~ other matters relating to t~subject. (Attachment#35) 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 N= 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 pe/faining 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, habr~ un int~rprete ingl&s-espa~ol en la reunion de la junta pare ayudarle. 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. 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 brief discussions regarding city-related matters. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Me~ing November12,2002 Page 13 36. 37. 38. O. NOTE: CITY MANAGER'S REPORT * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS ADJOURNMENT: q;I ~ ~/~ POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City HalF, 1201 Leopard Street, at 3:30 p.m., November 8 , 2002. ~rmanoo Chapa City Secretary /~ The City Council Agenda can be found on the City's Home Page at www.cctexas.com 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) 33,d. M2002-378 Motion prioritizing and nominating Revitalization Deduction Allocations. applications for Commercial 0') --W ~w a.z '~ r,~I-- --LLI II.Z '- n,, O0 0,~