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AGENDA
PUBLIC NOTICE- THE USE OF
PROHIBITED IN THE CITY COUI
Members of the audience will be provide~
of the Council Meeting, whichever is eadi~
and address. Your presentation will be lin
subject, please present it to the City Sect
I
CI~FY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
SEPTEMBER 9, 2003
11:00 A.M. -- I I *' (~{
CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
IClL CHAMBERS DURING MEETINGS OF THE CITY COUNCIl_
I an opportunity t~ address the Council at approximately 5:30 p.m. or at the end
~r. Please speak into the microphone located at the podium and state your name
ited to three minutes. If you have a petition or other information pertaining to your
~tary.
Si ud. Desea didgirse al Concilio y cree qL esu ingl&s es limitado, habra un int&rprete ingl~s-espar~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 sen/ices ars 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. I
Aw
Mayor Samuel L. Neal, Jr.
Mayor Pro Tem Melody Cooper
!
Mayor Samuel L. Neal, Jrtto call the meeting to order. ~ ~
J
Invocation to be given by i~everend Charles R. Graft, St. Luke's United Methodist Church.
,
Pledge of Allegiance to tl~e Flag of the United States. -- o L~ ~ / C
/
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
Jesse Noyola
Mark Scott
City Manager George K. Noe
Acting City Attorney R. Jay Reining
City Secretary Armando Chapa
Eo MINUTES:
1. Approval of Regular Meeting of August 26, 2003. (Attachment
Agenda
Regular Council Meeting
September9,2003
Page 2
o
EXECUTIVE SESSION:
PUBLIC NOTICE is given th
executive session at any tim
any matters listed on the age~
the Open Meeting Act, Chap
and that the City Council s~
session on the following matt
into executive session rega
sections of the Open Meetin~
will be publicly announced b~
Executive session under
551.071 regarding CCMC,a
Corpus Chdsti, Case No. £
Court for the Southern Dis1
with possible discussion ar
~t the City Council may elect to go into
~ dudng the meeting in order to discuss
~da, when authorized by the provisions of
'er 551 of the Texas Government Code,
)ecifically expects to go into executive
;rs. In the event the Council elects to go
,cling an agenda item, the section or
rs Act authorizing the executive session
the presiding office.
Texas Govemment Code Section
, Inc., a Texas Corporation vs..C, ity of
-03-170, in the United States District
rict of Texas, Corpus Christi Division
d action in open session.
Executive session under Texas Govem_~3)ent~CO~]~ Section
551.071 regarding potentis I cla~ims-agaT~st the City's former third
party administrator~E~-stop loss carrier and the stop lost
carde~s~.~~rator with ossible discussion and action in open
.~'~lon. ,
Executive session under Texas Government Code Sections
551.071,551.072 and 551.087 regarding the SoUth Wharf Project
in the Corpus Christi Marin~ with possible discussion and action
related thereto in open session.
Executive session pursuant to Texas Govemment Code Section
551.074 to interview c~ndidates for. and d. elibe..rate !he
appointment of a Municipa!lCourt Judge w~th possible dIscuss,on
and action related thereto in open session.
BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 6)
Business Resource Center Committee
Coastal Bend Coundil of Governments
Corpus Christi Convention and Visitors Bureau Board
Mechanical/Plumbing Advisory .Committee
Nueces County Community Acbon Agency
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summaw)
2003 306
2003 307.
Agenda
Regular Council Meeting
September 9, 2003
Page 3
H. EXPLANATION OF COUI~
For administrative convenien~
as motions, resolutions, or or~
Council will use a different me
finally pass an ordinance by
ratherthan a two reading ordir
A motion to reconsider may ~
last regular, or a subseque,
incorporated herein for recon~,
item.
I. CONSEI~
Notice t¢
The following items are of a routine o
been furnished with background and
has been discussed at a previous me~
vote without being discussed sepa
Member or a citizen, in which even
withdrawn for individual consideration
requiring separate discussion have b(
be adopted by one vote.
CIL ACTION:
:e, certain of the agenda items ara listed
inances. If deemed appropriate, the City
!hod of adoption from the one listed; may
adopting it as an emergency measure
ance ; or may modify the action specified.
,e made at this meeting of a vote at the
~t special meeting; such agendas are
~deration and action on any reconsidered
T AGENDA
. the Public
· administrative nature. The Council has
support material on each item, and/or it
~ting. All items will be acted upon by one
rately unless requested by a Council
~ the item or items will immediately be
in its normal sequence aflerthe items not
en acted upon. The remaining items will
CONSENT MOTIONS. RESOLUTIOI IS, ORDINANCES AND ORDINANCER
FROM PREVIOUS MEETINGS:
(At this point the Council will vote
removed for individual consider~
Motion authorizing the City
a construction contract with
amount of $372,100 for the
Water Crossing Repairs. (~
n all motions, resolutions and ordinances not
Manager or his designee to execute
Jalco, Inc. of Houston, Texas in the
J.C. Elliott Landfill - Oso Creek Low
,ttachment fi 7)
o
Motion authorizing the C!ty Manager or his designee to execute
a contract for professIonal services with Chuck Anastos
Associates, inc. of Corpus Christi, Texas in the amount of
$96,043 for the Facility Improvements Project. (Removal of
Architectural Barriers) (AttaChment fi 8)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda sumrna~)
2003 308
2003 309
Agenda
RegularCouncil Meeting
September9,2003
Page 4
10.
11.
Ordinance appropriating $~.
balance in the No. 5110 M
funding for vehicle maintens
Center;, amending the FY 2(
by Ordinance No. 02539,
$33,335.08. (Attachment #
Motion authorizing the City
a construction contract wit~
Illinois in the amount of $33
Center New Vehicle Lifts ar
Motion authorizing the City
an annual joint funding ~
Geological Survey (USGS'~
Interior for the continuation
limited studies by the Unit(
City's water supply activity;
United States Geological S~
a total project cost of $24:
October 1,2003 through Se
3,335.08 from the unreserved fund
lintenance Service Fund to provide
nce lifts for the Maintenance Service
~03-2004 Operating Budget adopted
~by increasing appropriations by
9)
Vlanager or his designee to execute
Progressive Industries of Chicago,
335.08 for the Maintenance Service
Lift Relocations. (Attachment # 9)
Vlanager or his designee to execute
greement with the United States
, United States Department of the
~)f surface water data collection and
.d States Geological Survey for the
and providing for the City to pay the
,rvey the amount of $183,475 out of
!,250 during the federal fiscal year
)tember 30, 2004. (Attachment # 10)
Motion approving the applicetion from Bayfest, Inc. to temporarily
close the follOwing street sections for the Bayfest 2003,
September 19-21, 2003. (Attachment # 11)
ao
Northbound Shorelir~e Boulevard (inside lane only) from
the north right-of-way of Power Street median crossover
(exclusive of the mpdian crossover at Power Street) to
Fitzgerald Street be~ginning at 9:00 a.m., Wednesday,
September 10, 2003 through 5:00 p.m., Friday, September
12, 2003 and from 6:00 a.m., Monday, September 15,
2003 through 5:00 p.m., Wednesday, September 17,
2003.
bo
Southbound Shoreline Boulevard (full closure) from the
south right-of-way of Fitzgerald Street to the north fight-of-
way of Power Street Ibeginning at 9:00 a.m., Wednesday,
September 10, 2003 through 5:00 p.m., Tuesday,
September 23, 2003i
CITY COUNCIL
PRIORITY ISSUES
(Refe~ to legend at the end of the
agenda summa~j)
025459
2003 310
2003 311
0c03 312, .
Agenda
Regular Council Meeting
Se~ember9,2003
Page 5
13.a.
13.b.
14.
so
Northbound Shoreli~
north fight-of-way lin.
of-way of Fitzgeral
September
September 22, 2003
North Water Street (f
an~d Palo Alto Streel
~!~, 2003 through 6:0~
Palo Alto Street, east
southbound Shoreli
North Water Street ~
Water Street, south
Street from 8:00
through 6:00 a.m., Iv
~e Boulevard (full closure) between
; of Power Street and the north right-
d Street from 2:00 p.m., F-riday,-
03 through 6:00 a.m., Monday
JII closure) between Fitzgerald Street
from 8:00 a.m., ='~'~
..... y, September
) a.m., Monday, September 22, 2003.
half between North Water Street and
~e Boulevard; Fitzgerald between
,nd Shoreline Boulevard; and North
~alf between Fitzgerald and P/.esaca
a.m.,-Friday, September ~, 2003
onday September 22, 200~.'t,.~
Motion authorizing the app~3intment of an ad hoc peer panel to
the Arts and Cultural Comrqission consisting of art professionals
and community peers to n~ake a recommendatiOn for the Fire
Station No. 4 "Percent for Art" project. (Attachment # 12)
Motion authorizing the City
grant in the amount of
Metropolitan Planning Orga
costs incurred bythe Develc
October 1,2002 - Septemb(
and related studies in accon
Vlanager or his designee to accept a
$42,000 from the Corpus Christi
nization (MPO) for reimbursement of
pment Services Department between
r 30, 2003 for transportation planning
lance with the approved Metropolitan
Planning Organization FY 2002-2003 Unified Planning Work
Program. (Attachment # 15)
Ordinance appropriating $42,000 from the Corpus Christi
Metropolitan Planning O.rga~nization in the No. 1065 Street Grants
Fund for the Corpus Chnsti Unified Future Land Use Map Project
for FY 2002-2003. (Attachment # 13)
Ordinance authorizing the expenditure of funds in the amount of
$968,085 as a transfer from the No. 1020 General Fund to the
No. 1067 Park and Recreation Grant Fund; and appropriating
$968,085 in the No. 1067 Park and Recreation Grant Fund as
City matching funds for the Senior Community Services Program.
(Attachment # 14)
CiTY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
2003 313
2003 31,4
025460
025461
Agenda
Regular Council Meeting
Se~ember9,2003
Page 6
15.a.
15.b.
16.a.
16.b.
17.
!
Motion authorizing the City ~anager or his designee to accept a
grant in the amount of $80;~,589 from the Area Agency on Aging
of the Coastal Bend for the.l~Y. 2003 Senior Community Services,
Elderly Nutrition Program il the No. 1067 Park and Recreationl
Grant Fund. (Attachment i 15)
Ordinance appropriating a .(
the Area Agency on Aging ~
Senior Community Services
1067 Park and Recreation ~
Motion authorizing the City
all documents necessary t(
Consolidated Annual Actio~
Development (CPD) Prog
Development Block Grant
(ESG) and Home Investme
(Attachment # 16)
Ordinance appropriating $7
Development Block Grant
Annual Action Plan for Cot
Program projects/activities
FY2003 Community Develo
$700,000 of program incom
2) $170,000 for FY2003
activities; and 3) $1,862,,~
Partnership (HOME) Progr-'
the City Council on May 20,
(Attachment # 16)
Second Reading Ordinance
designee to execute and
to lease space containing a
in the lower level of the
~ant in the amount of $803,589 from
)f the Coastal Bend for the FY 2003
Elderly Nutrition Program in the No.
~rant Fund. (Attachment # 15)
Manager or his designee to execute
. accept and implement the FY2003
t Plan for Community Planning and
· ams that include the CommunityI
(CDBG), Emergency Shelter Grant
~t Partnersh p Programs (HOME).
685,714 in the No. 1059 Community
Fund for the FY2003 Consolidated
lmunity Planning and DevelopmentI
that includes 1) $4,219,000 for
3merit Block Grant (CDBG) projects,
.~; $734,152 of reprogrammed funds;
Emergency Shelter Grant (ESG)
.62 for FY2003 Home Investment
m for projects/activities approved by
2003 by Resolution No. 025309.
- Authorizing the City Manager or his
sement with Aeronautical Radio, Inc.
;)proximately 56 square feet located
terminal for the maintenance and
operation of aeronautical qommunication equipment providing
air/ground date communications to aircraft on the g .m. und a. nd en
route within 200 nautical n)iles from Corpus Christi, subject to
compliance with all applicable federal, state and local laws and
regulations in consideration Iof payment of $39.85 per square foot
on a monthly basis for a terrh of up to five years. (First Reading -
6/10/03) (Attachment # 17)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at ~e end of the
agenda summary)
2003 315
025462
2003 316
025463
025464
Agenda
Regular Council Meeting
September 9, 2003
Page 7
18.a.
18.b.
18.c.
18.d.
18.e.
Second Reading Ordinan,
City of Corpus Christi by
Management, as Chapt~
renumbering the sections;
Reading - 8/26/03) (Attach
~- Amending the Code of Ordinances
;designating Chapter 15, Emergency
16, Emergency Management and
and providing for penalties. (First
ment# 18)
Second Reading Ordinano
City of Corpus Chdsti by re
Chapter 15, Elections an
Reading - 8/26/03) (Attach
Motion to amend prior to se,
the Code of Ordinances, (
Chapter 14 as Developme
commercial building site pl~
corrections and changes'.
Amending the Code of Ordinances.
Jesignating Chapter 14, Elections, as
renumbering the sections. (First
nent # 18)
:ond reading the ordinance amending
:ity of Corpus Christi by designating
nt Services, ~by deleting the fee for
~n reviews and making other editorial
(Attachment # 18)
Second Reading Ordinance- Amending the Code of Ordinances,
City of Corpus Christi by designating Chapter 14 as Development
Services; .a. dopting the 200;~ International Building Code, Energy
Conservabon Code, Fuel G~s Code, Mechanical Code, Plumbing
Code and Residential Code for One and Two-Family Dwellings as
the City's Building, Energy Conservation, Fuel, Gas, Mechanical,
Plumbing and Residential Codes; adopting the 2002 National
Electrical Code as the City'
Flood Hazard Prevention (
to the regulations of excava
Aeolian soils and solid wasl
requirements for storm
establishing the Developr
providing for penalties.
(Attachment # 18)
~ Electrical Code; adopting the City's
ode; establishing provisions relating
lion activities, fill materials, control of
~ at construction sites; amending the
water management plans; and
lent Services' fee schedules and
First Reading - 8/26/03)
Second Reading Ordinance - Amending Chapter 13, Code of
Ordinances, City of Corpus Christi by repealing and reserving
Articles I, IV, V and VI and by renaming the title of the chapter to
Chapter 13, Code Enforcement, Housing and Housing Premises
Standards and Neighborhood Improvement and providing for
penalties. (First Reading - 8/26/03) (Attachment # 18)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the ~ of Ihe
agenda summary)
025465
025466
2003 317
025467
025468
Agenda
Regular Council Meeting
September 9, 2003
Page 8
18.f.
Second Reading OrdinanCe - Amending Chapter 21, Code of
Ordinances, City of Corpqs Christi by repealing and reserving
Article VI and providing fo~lPenalties. (First Reading - 8/26/03)
(Attachment # 18) ~
19.
Ordinance revising Sectionl 18-1, Fire Prevention Code of the City
Code of Ordinances by irlcorporation of the International Fire
Code, 2003 Edition; and providing for penalties.
(Attachment # 19)
J. REGUIL~R AGENDA
CONSIDERATION OF MOTIONSt I~ESOLUTIONS, AND ORDINANCES:
20.a. Ordinance prescribing the taxes to be levied, assessed and
collected by the City of Co~us Christi Texas for tax year 2003
and for each succeeding year thereafter until otherwise provided
and ordained and such other years as the same may be
applicable. (Attachment # [20)
20.b.
Motion approving the 2003 Tax Levy of $57,640,112 based on
the adopted tax rate of $0.644175 per $100 valuation in
accordance with Section 26.09(e) of the Texas Property Tax
Code. (Attachment # 20)
21.
Ordinance amending Ordinance No. 024973 passed and
approved on July 23, 2002! by amending Section 3 to adopt the
final assessment roll and assessments to be levied against the
owners of property abutting on the following streets:
(Attachment # 21)
Birmingham and Lyons Street Improvements Project- Birmingham
Street from Airline Road to Lyons Street and Lyons Street from
Airline Road to end of street.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summa~)
025469
02547O
025471
2003 318
025472
Agenda
Regular Council Meeting
September 9, 2003
Page 9
22.
23.
Ke
24.
Ordinance amending Ordinance No. 024905 passed and
approved on June 11, 2002 by amending Section 3 to adopt the
final assessment roll and assessments to be levied against the
owners of property abutting on the following street:
(Attachment # 22)
Woodlawn Drive Street ImProvements Project-Woodlawn Drive
from South Padre Island Drive (SPID) Westbound Frontage Road
to McArdle Road.
Resolution in remembrance of the victims of the terrorists attacks
on the United States on September 11, 2001 and recognition of
the critical role of first responders in reducing the casualties from
such attacks. (Attachment # 23)
PUBLIC HEARINGS:
ZONING CASES: 2:00 P;M.
Case No. 0703-08, AVE, I~c: A change of zoning from an "1-2"
Light Industrial District to an "1-3" Heavy Industrial Distdct on
Geldston Addition, Block 1, Lot 7 located north of Interstate
Highway 37 and 200 feet east of Goldston Road (County Road
51-A). (Attachment # 24)
Plannino Commission's Re(~.ommendation: Denial of a "1-3" Heavy
Industrial District.
Staffs Recommendation: Approval of a "1-3" Heavy Industrial
District.
ORDINANCE
Amending the Zoning Ordinance upon application by AVE, Inc. by
changing the zoning map in reference to Goldston Addition, Block
1, Lot 7 from '1-2" Light Industrial District to "1-3" Heavy Industrial
District; amending the comprehensive plan to account for any
deviations from the existingi comprehensive plan.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
0254?3
0254'14
025475
Agenda
Regular Council Meeting
September 9, 2003
Page 10
25.
26.
L.
Case No; 0703-07, Holt C~mpany of Te×a-: A change of zoning
from an I-2" Light Industrial Distdct to an "1-3" Heavy IndustrialI
District on Cormar Industrial Tracts, Lot 1R and Lot 6 IocatedJ
south of South Padre Island Ddve and 1,300 feet north ofl
Greenwood Ddve. (AttacHment # 25)
Planninq Commission and ~Staffs Recommendation: Approval of
a Ul-3" Heavy Industrial DiStrict.
ORDINANCE
Amending the Zoning Ordinance upon application by Hol!
Company of Texas changing the zoning _m,,ap.in reference to
Cormar Industrial Tracts, LOts 1R and 6 from I-2 Light Industrial l
District to "1-3" Heavy;Industrial Dist.rict; amending the
comprehens!ve plan to ac~unt for an deviations from the existing
comprehensrve plan.
MARINA DEVELOPMEN~ (APPROXIMATELY 3:00 P.M.)
Landry's Memorandum of Understanding/Marina Development
PRESENTATIONS: (NONE)
Public comment will not be solicited on Presentation items.
PUBLIC COMMENT FRC
NOT SCHEDULED ON T
APPROXIMATELY 5:30
COUNCIL MEETING, W~
LIMIT PRESENTATIONS
THE AUDIENCE ON MATTER,~
IE AGENDA WILL BE HEARD AT
~.M. OR AT THE END OF TH[
ICHEVER IS EARLIER. PLEASF
THREE MINUTES. IF YOU PLAI~
TO ADDRESS THE COUf~CIL DURING THIS TIME PERIOD, I
PLEASE SIGN THE FORMAT THE REAR OF THE COUNCILI
CHAMBER, GIVING YO~~~ NAME, ADDRESS AND TOPIC. (AJ
recording is made of the meeting; therefore, please speak into the microphone~
located at the podium and state y{)ur name and address. If you have a petition
or other information pertaining tO your subject, please present it to the Ci~
Secretary.)
Si usted se dldge a la junta y cree gue su ingl&s es limitado, habca un interpret
ingl~s-espatlol en la reunk~n de Ia junta para ayudarle.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
025476
2003 31,9 ·
Agenda
Regular Council Me~ing
September9,2003
Page 11
PER CITY COUNCIL POLl
PERSON, OR MEMBE;
BERATE, EMBARRAS<.
PERSONAL DISRESPEC
STAFF, COUNCIL MEMJ
COUNCIL MEETING. T~
RESTRAIN A CITIZEN'S ~
REPORTS:
The following reports include
City policies or activities; req[
from Staff; reports of activities
constituent concerns; current;
assignments; scheduling of fu
other brief discussions regar~
27. CITY MANAGER'S REPOF
28.
29.
O.
* Upcoming Items
MAYOR'S UPDATE
COUNCIL AND OTHER RE
';Y, NO COUNCIL MEMBER, STAFF
!S OF THE AUDIENCE SHALL
ACCUSE, OR SHOW ANY
'T FOR ANY MEMBER OF THE
IERS, OR THE PUBLIC AT ANY
flS POLICY IS NOT MEANT TO
'IRST AMENDMENT RIGHTS,
questions by Council to Staff regarding
est by Council for information or reports
of individual Council members and Staff;
opics raised by media; follow-up on Staff
ute Council meetings and activities; and
~ng city-related matters.
~T
PORTS
ADJOURNMENT= -- ,~' ~-~' i,~. ,,~.
POSTING STATEMENT:
This agenda was posted on the Ci~s official bulletin board at ~e~ont entrance
to City Hall, 1201LeopardStreet,~t ~:~ :.~ ~ p.m., ~/ ~' ,2003.
Armando Chapa
City Secretary
CITY COUNCIL
(Refer k) legend at the end of bhe
agenda summa~/)
Agenda
Regular Council Meeting
September9,2003
Page 12
NOTE:
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at ~e end of the
agenda summary)
/
The City Council ~genda can be found on the City's J
Home Page at ~ after 7:00. p.m. on the
Friday before regqlarly scheduled councd mee.t, ings.
If technical problems occur, the agen.da w,II be
7.
Symbo. ls use.cl, to hlghhght action item that Implement
councd priority iss~ues.
MOTIONS- 09/09/03 2 L) ~J
Motion authorizing the Clty Manager to continue the employment of the Rangel
Law Firm, P.C. to represent the City of Corpus Christi regarding the sexually
oriented business ordina~nce at an hourly rate not exceeding $150, subject to
certification of funds. ~
3O6
MOTIONS- 09/09/03 2 0 0 '~
Motion appointing John I~ank III as Judge of the Municipal Court of Corpus
Christi, Texas and settin~ his/her salary at $58,500 to a term coterminous with
that of the City Council. ~
3O7
26.
MOTIONS - 09/09/03
/
0
0
3
Motion,to direct the City Manager to respond in writing to the Chairman~
of
Landry s accepting their Withdrawal from the continued negotiations on
development of the marina area.
319