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HomeMy WebLinkAboutReference Agenda City Council - 04/29/20031:45 p.m. Proclamation declaring April 27 - May 4, 2003 as "Days of Remembrance" Proclamation declaring April 27 - May 5, 2003 as "Corpus Christi Children's Book Celebration Week" Proclamation declaring May 6, 2003 as "World Asthma Day" Proclamation declaring May 8, 2003 as "World Red Cross Day" Proclamation declaring the month of May, 2003 as "Direct Deposit and Direct Payment Month" "At Your Service" Award - City Staff Recognition AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD APRIL 29, 2003 2:00P.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 didgirse al Concilio y cree que su ingl~s es fimitado, habr~ 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 C'ty Secretary's office (at 361-880-3105) at least 48 hours/n advance so that appropriate arrangements can be made. Mayor Samuel L. Neal, Jr. to call the meeting to order. Invocation to be given by Pastor James Singleton, Faith Temple. C. Pledge of Allegiance to the Flag of the United States. ~ ~'C.~,~ 'l I D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem Henry Garrett Council Members: Brent Chesney Javier D. Colmenero Melody Cooper v-" Bill Kelly L.-'/" ,. Rex A. Kinnison Jesse Noyola v'" Mark Scott City Manager George K. Noe Acting City Attorney R. Jay Reining City Secretary Armando Chapa Agenda Regular Council Meeting April29,2003 Page 2 E. MINUTES: 1. Approval of Joint and Regular, Meetings of April 22, 2003. (Attachment # 1) ~ ,,) ~ ?,3/I ~ F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Community Youth Development Program Steering Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, 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 a supply agreement for approximately 6,500 tons of cold mix-cold laid asphalt, with Martin Marietta Materials, Corpus Christi, Texas in accordance with Bid Invitation No. BI- 0054-03 based on Iow bid for an estimated annual expenditure of CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2003 158 Agenda Regular Council Meeting April29,2003 Page 3 /5. $180,375, of which, $45,093.75 is for FY2002-2003. The term of the supply agreement 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. The Street and Utility Departments will be using this material for the patching and repairing of City Streets. Funds have been budgeted by the Street and Utility Departments for FY2002-2003. (Attachment # 3) Motion authorizing the City Manager or his designee to execute a twelve-month maintenance agreement with Hewlett-Packard Company in the amount of $36,708 for HP N4000 Enterprise Server hardware and operating system maintenance based on sole source. (Attachment # 4) Motion authorizing the City Manager or his designee to execute a construction contract with Eagle North America of Evans, Georgia in the amount of $213,655 for the O.N Stevens Water Treatment Plant North and South Lagoons Dredging. (Attachment # 5 Motion authorizing the City Manager or his designee to execute Change Order No. I in the amount of $44,355 with Malek Inc., of Corpus Christi, Texas for the City Hall Chiller Replacement - Phase 1 Project. (Attachment # 6) Motion authorizing the City Manager or his designee to execute a construction contract with Third Coast General Contractors of Corpus Christi, Texas in the amount of $113,667.49 for the Regional Transportation Authority Bus Stop Miscellaneous Street Improvements, Phase 2. (Attachment # 7) Motion authorizing the City Manager or his designee to execute a Utility Easement Instrument with Peterson Properties, Ltd., in the amount of $35,000, for Parcel 50, necessary for the Southside Water Transmission Main, Phase 2A, and for other municipal purposes. (Attachment # 8) Motion authorizing the City Manager or his designee to execute a construction contract with R. S. Parker Construction of Portland, Texas in the amount of $50,602.50 for the Crystal Lane Drainage Improvements. (Attachment # 9) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2003 159 2003 160 fmc 2003 ! 61 oo 2003 2003 1 64 Agenda Regular Council Meeting April29,2003 Page 4 10. First Reading Ordinance -Amending Code of Ordinances Section 53-254, Schedule V, Increase of State Speed Limit in Certain Zones, by revising the speed limits on the following street section: (Attachment # 10) On Callicoatte Road, (F.M. 1694): revising the existing speed limits to the following: 45 mph from IH37 Northbound Frontage Road south 1.391 miles (7,344.48') to the city limit line; and providing the penalties. rdinance authorizing the City Manager or his designee to ~_.~/'execute Amendment No. 2 to the lease agreement with DTG Operations, Inc. f/k/a Dollar Rent A Car Systems, Inc. at the Corpus Christi International Airport, to hold harmless DTG Operations, Inc. from any environmental contamination occurring prior to occupancy of the premises, for a term of up to twelve months. (Attachment # 11) 11.b. First Reading Ordinance - Authorizing the City Manager or his designee to execute Amendment No. 2 to the lease agreement with DTG Operations, Inc. f/k/a Dollar Rent A Car Systems, Inc. at the Corpus Christi International Airport, to hold harmless DTG Operation, Inc. for any environmental contamination occurring prior to occupancy of the premises for the term of the long term lease. (Attachment # 11) Second Reading Ordinance - Amending the City of Corpus Christi Preservation Plan, an element of the Comprehensive Plan, by adding four (4) "HC" Landmark Zoning Designations and two (2) properties designated as Potential Landmarks; and amending the Comprehensive Plan. (Attachment # 12) (First Reading - 4/22/03) I. PUBLIC HEARINGS: ZONING CASES: Case No. 0303-01, Richard Hesse: A change of zoning from a "R- 1B" One-family Dwelling District to "B-4" General Business District on Flour Bluff and Encinal Farm and Garden Tracts, Section 10, CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summaP/) Agenda Regular Council Meeting April29,2003 Page 5 being 4.71 acres out of Lot 9, located on the northwest corner of Yorktown Boulevard and Cimarron Boulevard. (Attachment# 13) Planninq Commission's and Staffs Recommendation: Approval of a "B-4" General Business District. ORDINANCE Amending the Zoning Ordinance upon application by Richard Hesse by changing the zoning map in reference to Flour Bluffand Encinal Farm and Garden Tracts, Section 10, being 4.71 acres out of Lot 9, from "R-lB" One-family Dwelling District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. //14.' ~,ase No. 0203-04, Harold Kronke: A change of zoning from a "R- ~,,...~..--/1B" One-family Dwelling District to a "B-4" General Business District on Tract 1 and "R-2" Multiple Dwelling District on Tract 2. The property's legal description is Shell Road Poultry Acres, being 2.720 acres out of Blocks 7 and 8, located between Violet Road and Church Street and 500 feet north of Leopard Street. (Attachment # 14) (Tabled from 4-15-03 and 4-22-03) iApplicant Request: ~ ORDINANCE ~~ nding the Zoning Ordinance upon application by Harold ke by changing the zoning map in reference to 2.720 acres of Block 7 and 8, Shell Road Poultry Acres, from "R-1B" One- ily Dwelling District to "B-1" Neighbo[hood Business District on t 1, being 1.71 acres and a "R-1B'/SP One-family Dwelling rict with a Special Permit for three (3) duplexes on Tract 2 g 1.01 acres; amending the Comprehensive Plan to account ny deviations from the existing Comprehensive Plan. Planninq Commission'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 - Approval of the "R-2" District on Tract 2. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April29,2003 Page 6 Amending Kronke out of BI famil~ I (1 ORDINANCE upol by Harold a~ (1.01 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) / 2.71 of Tract ~amil~ 1 (1.71 the any del existing Harold to/, .71 acres out fro~ "R-1B" One- Busines~District on Tract Rlan to account for )rehensive Plan. (~ond K. PRESENTATIONS: Public comment will not be solicited on Presentation items. The International Residential Code for One and Two Family Dwellings (Attachment # 15) Issue 2000, Quarterly Report No. 8 (Attachment # 16) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 17~a~ (Aresentation of General Fund Five-Year Financial Forecast. ttachment # 17) '17.b. Resolution reaffirming and amending financial policies adopted by Resolution No. 023319 and providing a policy to maintain the fund balance for the General Fund at an adequate level. (Attachment # 17) Agenda Regular Council Meeting April29,2003 Page 7 ~Motion approving the proposed Phase I Improvement for the Louisiana Parkway Master Plan. (Attachment # 18) ,/19. Resolution endorsing the recommended FY2004-2006 Transportation Improvement Program (TIP) of the Metropolitan Planning Organization. (Attachment # 19) 20. Resolution encouraging the Texas Legislature to allow San Patricio County to appoint a Commissioner to the Port of Corpus Christi Authority. (Attachment # 20) 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, 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, habr~ un int~rprete ingl~s-espa~ol en la reuni(~n de la junta para ayudade. 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. 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 Govemment 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 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) I~:-~'&) I ~ l 2003 165 Agenda Regular Council Meeting April29,2003 Page 8 21. 22. 23. 24. N= 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 Mylett v. City of Corpus Christi, et al, Cause No. 01-5041-D, 105th District Court, Nueces County, Texas, with possible discussion and action in open session. Executive session under Texas Government Code Section 551.071 regarding Mylett v. City of Corpus Christi, et al, Civil Action No. C-02-239, U. S. District Court, Southern District Of Texas, Corpus Christi Division, with possible discussion and action in open session. Executive session under Texas Government Code Section 551.071 regarding Esmeralda Cantu Gavlik v. Albert Garcia and City of Corpus Christi; Cause No. 02-61406-2; In the County Court at Law No. 2, Nueces County, Texas, with possible discussion and action in open session. Executive session under Texas Government Code Section 551.071 regarding Second Baptist Church of Corpus Christi v. City of Corpus Christi, No. 00-6895-A, 28th District Court, Nueces County, Texas, with possible discussion and action 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 bdef discussions regarding city-related matters. 25. LEGISLATIVE UPDATE: Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 78 t~ Texas Legislature. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 26. CITY MANAGER'S REPORT