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HomeMy WebLinkAboutReference Agenda City Council - 04/15/2003p.m. "At Your Service Award" - City Staff Recognition AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD APR!L '15, 2003 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. B. C. D. Mayor Samuel L. Neal, Jr. Mayor Pro Tern Henry Garrett 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 qua su ingl~s es limitado, habra un int~rprete ingl~s-espa~ol 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. Mayor Samuel L. Neal, Jr. to call the meeting to order. Invocation. -- 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 Javier D. Colmenero Melody Cooper ~,/ Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott Acting City Manager George K. Noe Acting City Attorney Jay Reining City Secretary Armando Chapa MINUTES: Approval of Special and Regular Meetings of April 8, 2003. (Attachment # 1' INDEXED Agenda Regular Council Meeting April 15, 2003 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) 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 reconsidermay 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. 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 after the 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 thirty-six vehicles consisting of 32 pickup trucks and 4 cargo vans from the following companies, for the following amounts, in accordance with Bid Invitation No. BI-0053-03, based on Iow bid and Iow bid meeting specifications. The vehicles will be purchased for Engineering, Maintenance Services, Water, Storm Water, Wastewater and the Gas Department. Ail vehicles are replacement units. Funds are budgeted in Maintenance Services and Engineering Services. (Attachment # 2) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2003 141 Agenda Regular Council Meeting April15,2003 Page 3 j5. ,6. Vista Chevrolet Corpus Christi, TX Bid Items 2, 4 - 10, 12 & 13 $306,729 Creveling Dodge Corpus Christi, TX Bid ltem 1 $183,391 Allen Samuels Chevrolet Corpus Christi, TX Bid Item 3 $49,160.08 Crosstown Ford Corpus Christi, TX Bid Item 11 $16,391 Grand Total: $555,671.08 Motion authorizing the Acting City Manager or his designee to execute a construction contract with Rycon E & C, LLC of Kingsville, Texas in the amount of $335,370 for the Wastewater Clean-Out Installation Program FY2002-2003. (Attachment # 3) Motion authorizing the Acting City Manager or his designee to execute a consultant contract with Coym, Rehmet, Gutierrez Engineering, Inc., of Corpus Christi, Texas for a total fee not to exceed $68,407 for the Holly Road Pump Station Structural and Mechanical Improvements. (Attachment # 4) Motion authorizing the Acting City Manager or his designee to execute a construction contract with Lowman Services, Inc. of Robstown, Texas in the amount of $66,169.93 for the Minor Storm Drainage Improvements on Sharpsburg Road. (Attachment # 5) Motion authorizing the Acting City Manager or his designee to execute Amendment No. 2 to the consultant contract with Russell Corrosion Consultant, Inc. of Simpsonville, Maryland in the amount of $73,593.40 for the Mary Rhodes Memorial (Lake Texana) Pipeline. (Attachment # 6) Motion authorizing the Acting City Manager or his designee to execute an agreement with Rimkus Consulting Group, Inc., of Corpus Christi, Texas in an amount not to exceed $50,000 for claim support services related to City Hall water intrusion damage analysis. (Attachment # 7) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2003 142 2003 143 2003 144 2003 1 45 L~. ' ,~ ~)!.~,. 2003 1 a6 Agenda Regular Council Meeting April15,2003 Page 4 10.a. 1'O.b. Motion authorizing the Acting City Manager or his designee to execute a Utility Easement Instrument with Richard L. Ocker, Donald A. Ocker, and A.D.D. Corporation, a Texas Corporation, in the amount of $47,500, for Parcels 47 and 48, both necessary for the Southside Water Transmission Main, Phase 3 Project, and for other municipal purposes. (Attachment # 8) Motion authorizing the Acting City Manager or his designee to execute an engineering services contract with LNV, Inc. dba Smith, Russo & Mercer of Corpus Christi, Texas in the amount of $510,000 for the O.N. Stevens Water Treatment Plant Analysis. (Attachment # 9 Motion authorizing the Acting City Manager or his designee to accept a grant in the amount of $52,803 awarded by the Corporation for National and Community Service for the Retired and Senior Volunteer Program. (Attachment # 10) Ordinance appropriating a grant in the amount of $52,803 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 # 10) Resolution authorizing the Acting City Manager or his designee to submit a grant application to the Texas Department of Public Safety Division of Emergency Management, in the amount of $40,000, under the FY2003 Pre-Disaster Mitigation Program, to develop a Pre-Disaster Mitigation Action Plan, with a City in-kind match of $13,333, and a total project costs of $53,333. (Attachment # 11 ) Ordinance authorizing the resale of sixty-nine (69) properties shown on the attached and incorporated Exhibit A which were foreclosed upon for failure to pay ad valorem taxes and miscellaneous liens, for minimum opening bid amounts equal to prices listed on the attached Exhibit A. (Attachment # 12) Ordinance appropriating $225,613.26 in interest and miscellaneous earnings in various bond funds as detailed in the attached Schedule A to close funds and pay outstanding debt service; amending FY2003 Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $225,613.26. (Attachment # 13) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) / oo-tq 2003 147 2003 148 20O3 149 (~,')r; o..0 Agenda Regular Council Meeting April15,2003 Page 5 15.a. 15.b. j16.a. 2 16.b. Ordinance authorizing the Acting City Manager or his designee to execute a one-year lease with Czech Heritage Society of South Texas, a non-profit corporation, for the use of the Jalufka House located in Heritage Park and in consideration of the Czech Heritage Society of South Texas maintaining the premises and improvements. (Attachment # 14) First Reading Ordinance - Authorizing the Acting City Manager or his designee to execute a three-year lease with the Irish Cultural House, Inc., a non-profit corporation, for the use of the McCampbell House located in Heritage Park and in consideration of the Irish Cultural House, Inc. maintaining the premises and improvements. (Attachment # 15) First Reading Ordinance - Authorizing the Acting City Manager or his designee to execute a three-year lease with the H. Boyd Hall Branch of the NAACP, a non-profit corporation, for the use of the Littles-Martin House located in Heritage Park and in consideration of H. Boyd Hall Branch of the NAACP maintaining the premises and improvements. (Attachment # ) Second Reading Ordinance - Amending the City of Corpus Christi, Texas, Dune Protection and Beach Access Regulations, as adopted by Chapter 10, Beachfront Management and Construction, Code of Ordinances, City of Corpus Christi, regarding the permitting process for master plan developments, dune protection permits, beachfront construction certificates, and concurrent dune protection permits/beachfront construction certificates, authorized animal control measures on Gulf of Mexico beaches, restrictions on vessels operating from Gulf of Mexico beaches, regulation of vendors on Gulf of Mexico beaches, regulation of beach festivals, and editorial changes; and providing for penalties. (First Reading - 4/8/03)(Attachment # 16) Second Reading Ordinance -Amending Ordinance No. 022164, which adopted the City of Corpus Christi, Texas Dune Protection and Beach Access Regulations, by revising the titles of Appendices V, VIII, and XI, by revising the application process flow charts in Appendices IV and ¥, and by adding application forms for beachfront construction certificates and concurrent dune protection permits/beachfront construction certificates to Appendix V, and by adding a copy of the Interlocal Cooperation Agreement CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) I },oo-I 5 Agenda Regular Council Meeting April15,2003 Page 6 between the City of Corpus Christi, City of Port Aransas, and County of Nueces relating to the Mustang and North Padre Island Beach Parking Permit System as Appendix VIII; and providing for an effective date. (First Reading - 4/8/03) (Attachment # 16) Second Reading Ordinance - Amending the Code of Ordinances, Chapter 17, Finance and Taxation, by adding Section 17-1.3, Electronic Payment Use Fees; setting a rate of 3% for Electronic Payment of Municipal Court Fines. (First Reading - 4/8/03) (Attachment # 17) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: i8. Resolution expressing support for the President and Armed Forces of the United States, including all the parents, sons, daughters, spouses, and other Americans serving our nation at this time of conflict. (Attachment # 18) Resolution supporting the establishment and funding of the Texas National Estuarine Research Reserve in the Texas Coastal Bend Region by the National Oceanic and Atmospheric Administration. (Attachment # 19) Ordinance appropriating $7,911,792 from increased revenues in the Gas Fund No. 4130 due to increased cost of Natural Gas Purchases; amending the FY 2002-2003 Budget adopted by Ordinance No. 024130 by increasing both revenues and expenditures to the Gas Fund No. 4130 by $7,911,792, for the increased costs of Natural Gas Purchases. (Attachment # 20) Resolution amending the City Investment Policy to allow guaranteed investment contracts for bond proceeds, to establish investment objective priorities, to expand permissible investments in local government investment pools; to define money market mutual funds, and to make clarifications to investment policy; and adopting the investment policy ~as amended. (Attachment # 21) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ' '; 5 2 U 6 J. PUBLIC HEARINGS: Agenda ~Regular Council Meeting April15,2003 Page 7 23. ZONING CASES: Case No. 0203-03, Wesley United Methodist Church: A change of zoning from a "R-lB" One-family Dwelling District to a "B-I" Neighborhood Business District on Aldergate Methodist Church Tract, being 0.597 acre out of Lot 9, Section B, located 175 feet south of Gollihar Road and 450 feet west of Weber Road. (Attachment # 22) Planning Commission's and Staff's Recommendation: Denial of the "B-I" District, and in lieu thereof, approval of a Special Permit for a church-related thrift shop subject to six (6) conditions. ORDINANCE Amending the Zoning Ordinance upon application by Wesley United Methodist Church by changing the zoning map in reference to 0.597 acre out of Lot 9, Section B, located 175 feet south of Gollihar Road and 450 feet west of Weber Road, (currently zoned "R-1B" One-family Dwelling District) by granting a Special Permit for a church thrift shop subject to six (6) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 0203-01, Seun.q Lee: A change of zoning from a "R-1B' One-family Dwelling District to a "AB" Professional Office District on Gardendale Unit 2, Block 4, Lots 22 and 23, located on the north side of Curtis Clark Drive and approximately 225 feet west of South Staples Street. (Attachment # 23) Planning Commission's and Staff's Recommendation: Denial of the "AB" District, and in lieu thereof, approval of a Special Permit for two (2) office buildings and parking lot subject to eight (8) conditions. ORDINANCE Amending the Zoning Ordinance upon application by Seung Lee by changing the zoning map in reference to Lots 22 and 23, Block 4, Gardendale Unit 2, (currently zoned "R-lB" One-family Dwelling District) by granting a Special Permit for two (2) office buildings and a parking lot subject to eight (8) conditions; CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April 15, 2003 Page 8 ,/25. amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 0203-02, Mark Bratton: A change of zoning from a "B-1" Neighborhood Business District and "F-R" Farm-Rural District to a "RE" Residential Estate District on Laureles Farm Tracts, being 26.81 acres out of Section 31, located north of South Staples Street and east of South Oso Parkway. (Attachment # 24) Planning Commission's and Staffs Recommendation: Approval of the "RE" District. ORDINANCE Amending the Zoning Ordinance upon application by Mark Bratton by changing the zoning map in reference to 26.81 acres out of Section 31, Laureles Farm Tracts, from "F-R" Farm-Rural District and "B-I" Neighborhood Business District to "RE" Residential Estate District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan.~ Case No. 0203-04, Harold Kronke: A change of zo~3'from a "R- lB" One-family Dwelling District to a "B-4~fneral Business District on Tract 1 and "R-2" Multiple Dw_..~g District on Tract 2. The property's legal description is S...h.elt'Road Poultry Acres, being 2.720 acres out of Blocks 7 ankhS', located between Violet Road and Church Street and....~O0 feet north of Leopard Street. (Attachment ~ 25~,,,,~ Planninq CgmC'nission's Recommendation: Tract 1 - Denial of the ~ 'ct"B-4" on 2.71 acres of Tract 1, and approve the "B-4" ~1.71 acres of Tract 1. Tract 2 - Approval of the "R-2" District on Tract 2. ORDINANCE Amending the Zoning Ordinance upon application by Harold Kronke by changing the zoning map in reference to 2.720 acres out of Block 7 and 8, Shell Road Poultry Acres, from "R-1B" One- family Dwelling District to "B-4" General Business District on Tract 1 (1.71 acres) and "R-2" Multiple Dwelling District on Tract 2 (1.01 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April15,2003 Page 9 acres); amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Staff's Recommendation: Tract 1 - Denial of the "B-4" District on 2.71 acres of Tract 1, and approve the "B-4" District on 1.71 acres of Tract 1. Tract 2 - Denial of the "R-2" on Tract 2. ORDINANCE Amending the Zoning Ordinance upon application by Harold Kronke by changing the zoning map in reference to 1.71 acres out of Block 7 and 8, Shell Road Poultry Acres, from "R-lB" One- family Dwelling District to "B-4" General Business District on Tract 1 (1.71 acres); amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. PRESENTATIONS: (NONE) 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, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone Iocated at the podium and state your name and address, ff you have a petition or other information pertaining to your subject, please present it to the City Secreta~.) Si usted se difige a la junta y cree que su ingl~s es limitado, habra un int~rprete ingl~s-espa,~ol en la reunion de la junta para ayudarle. 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. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) M. EXECUTIVE SESSION: Agenda Regular Council Meeting April15,2003 Page10 N= PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time dudng 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 under Texas Government Code Section 551.071 regarding Larry Young et al v. City of Corpus Christi, No. 01-647-C, 94t~ District Court, Nueces County, Texas, and Mary Collins et al v. City of Corpus Christi, No. 01-646-C, 94th District Court, Nueces Co,unty, Texas with possible discussionandaction in open session. Executive session pursuant to Texas Government Code Section 551.074 to deliberate the appointmentJemployment of the City Manager with possible discus$ion~and actipn rel~ed theret~ in open session. (~ Iqg~ (~c~- J~ ' t'~-~C~tu~-~r~ 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. 28. LEGISLATIVE UPDATE: Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 78 t~ Texas Legislature. 29. CITY MANAGER'S REPORT * Upcoming Items 30. MAYOR'S UPDATE CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2003 1 50 Agenda Regular Council Meeting April15,2003 Page 11 31. O. COUNCIL AND OTHER REPORTS ADJOURNMENT: -~- ~'~' ~ ~ F' ~'~' POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 2:15 p.m., April 11 ,2003. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) NOTE: Armando 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. mc) ~'0 ~-n MOTIONS - 4/08/03 Motion authorizing the City Manager, in Cause No. 01-647-C; Larry Young, et al vs. City of Corpus Christi and Cause No. 01-646-C; Mary Collins, et al vs. City of Corpus Christi, 94th Judicial District Court, Nueces County, Texas, to continue the employment of Denton, Navarro & Bernal to represent the City of Corpus Christi in at an hourly rate not exceeding $200, subject to certification of funds. ATTEST: Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor City of Corpus Christi