HomeMy WebLinkAboutReference Agenda City Council - 11/18/20031:45 P.M. - Swearing-in ceremony of newly appointed Board, Commission and Committee
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AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
NOVEMBER 18, 2003
12=oo P.M. -- I
!
PUBLIC NOTICE- THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED 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 ingl~s es limitado, habr~ un int~rprete ingl~s-espaflol en todas las juntas del
Concilio pare 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 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be
made.
A. Mayor Samuel L. Neal, Jr. to call the meeting to order.
Invocation to be given by Reverend Al Schubert, Lord of Life Lutheran Church.
Pledge of Allegiance to the Flag of the United States. -- ~C-/-/-<+'~
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neai, Jr. ~
Mayor Pro Tern Brent Chesney .~. i ~ ' ~- 5-
Council Members:
Melody Cooper
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
City Manager George K. Noe
Acting City Attomey R. Jay Reining
City Secretary Armando Chapa
E. MINUTES:
Agenda
Regular Council Meeting
November18,2003
Page 2
F. EXECUTIVE SESSION: ,---- / ~ * C ?~ (~* '~*~.
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 under Texas Govemment Code Section
551.071 regarding Larry Young, et al v. City of Corpus Christi,
Cause No. 13-03-00559-CV, on appeal from the 94m Judicial
District Court of Nueces County, Texas (Cause No. 01-0647-C),
with possible discussion and action related thereto in open
session.
Executive session under Texas Government Code Section
551.071 regarding Mary Collins, et al v. City of Corpus Chdsti,
Cause No. 13-03-00428-CV, on appeal from the 94t~ Judicial
Distdct Court of Nueces County, Texas (Cause No. 01-0646-C),
with possible discussion and action related thereto in open
session.
Executive session under Texas Govemment Code Section
551.071 regarding Robert Partney, et al v. City of Corpus Christi,
Civil Action No. C-03-153, in the United States Distdct Court,
Southern Distdct of Texas, Corpus Chdsti Division, with possible
discussion and action related thereto in open session.
Executive session under Texas Government Code Section
551.071 regarding fire collective bargaining negotiations, with
possible discussion and action related thereto in open session.
Executive session under Texas Government Code Section
551.071 regarding a potential claim against the City's stop loss
carrier, with possible discussion and action related thereto in
open session.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
2003 4O6
2003 40,7,4`
Agenda
Regular Council Meeting
November18,2003
Page 3
Executive session under Texas Govemment Code Section
551.071 regarding Kourtney Hancock vs. Coca-Cola Enterprises,
Inc. and the City of Corpus Christi, Cause No. 02-1169-B, 117m
District Court, Nueces County, Texas, with possible discussion
and action related thereto in open session.
Executive session under Texas Govemment Code Section
551.074 for deliberations regarding the appointment of the City
Attorney, with possible discussion and action related thereto in
open session.
Executive session under 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; the remaining related claims of the City
of Corpus Christi; against Gulfterra Energy Partners, L.P., and its
predecessors, and 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: (NONE)
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
ratherthan 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.
CONSENT AGENDA
Notice to the Public
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
2uu3 4 1
Agenda
Regular Council Meeting
November18,2003
Page 4
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 aflerthe 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 two brush loader trucks from
Bayou City Ford Truck Sales, of Houston, Texas for the total
amount of $165,824. This award is based on the Cooperative
Purchasing Agreement with the Texas Local Government
Purchasing Cooperative (TLGPC). These brush loader trucks will
be used by the Neighborhood Services Department. Funds are
budgeted in the Maintenance Service Capital Outlay Fund. Both
units are additions to the fleet. (Attachment # 9)
10.
Motion authorizing the City Manager or his designee to execute
Change Order No. 5 with Fulton Coastcon, Joint Venture, of
Corpus Christi, Texas in the amount of $363,609 for the ice rink
chiller unit for the Multi-Purpose Arena. (Attachment # 10)
11.
Motion authorizing the City Manager or his designee to execute
Amendment No. 2 to a contract with the University of Texas
Marine Sciences Institute, of Austin, Texas, in an amount not to
exceed $191,545 for biological monitoring services associated
with the Rincon Bayou Diversion Project. (Attachment # 11)
12.
Motion authorizing the City Manager or his designee to execute
Ratification of Amendment No. 6 with HDR Engineering, Inc., of
Corpus Christi, Texas for a total fee not to exceed $181,000 for
the Reservoir Operating Plan Update and Flood Release Model
Project. (Attachment # 12)
CiTY COUNCIL
PRIORITY ISSUES
(Refer t~ legend at the end of the
agenda summary)
2003 413
' 003
414
415
416
Agenda
Regular Council Meeting
November18,2003
Page 5
13.
14.
Resolution recognizing the public necessity of acquiring utility and
construction easements for the Buckingham Estates Lift Station
and Fome Main Diversion Project No. 7117 for utility and other
municipal purposes; and authorizing acquisition by means of
negotiations or eminent domain proceedings by the City of
Corpus Chdsti or its agents in acquiring said easements.
(Attachment # 13)
Resolution authorizing the City Manager or his designee to
execute an Intedocal Governmental Agreement with the Corpus
Christi Independent School Distdct for a joint project to install a
new concrete connecting trail between South Pope Park and
Robert Wilson Elementary School. (Attachment # 14)
15. Motion authorizing the City Manager or his designee to execute
a contract with John Buck for the pumhase of the sculpture
"Westfork" in the amount of $50,000 as a part of the "Percent For
Art Program" associated with the Convention Center/Arena
Project. (Attachment # 15)
16. Motion authorizing the City Manager or his d~c:,ig~T~cute
a three-year contract with two (2~---?~- ar options to renew
between the City of Corpu~.Chfl~ti, 'l'exas and Dennis A. Joiner
& Associates to/perfOrm professional servic~es _under__this
a~t contractor for the City.
(A~ent # 16)
17.
Ordinance abandoning and vacating 4,404.10-square feet of
utility/drainage easements out of Lots 16 -19 and Lot 24, Block
51, Kings Crossing Unit 15, as follows: (Attachment # 17)
1)
2)
3)
4)
5)
44.65-square foot portion of a 15-foot wide utility/drainage
easement out of Lot 16, Block 51;
726.47-square foot portion of a 15-foot wide
utility/drainage easement out of Lots 16 & 17, Block 51;
398.75-square foot portion of a 15-foot wide
utility/drainage easement out of Lot 16, Block 51;
3,039.65-square foot portion of a 7.5-foot wide utility
easement out of Lots 16-19, Block 51;
137.10-square foot portion of a 7.5-foot wide utility
easement out of Lot 24, Block 51;
CiTY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda sumrna~)
2003
417
,.aab4
Agenda
Regular Council Meeting
November 18, 2003
Page 6
18.
19.
20.
6)
57.48-square foot portion of a 15-foot wide utility/drainage
easement out of Lots 18 & 19, Block 51;
originally dedicated by King's Crossing Unit 1, Phase 3, Lot 1,
Block 41, Volume 59, Pages 183-188, Map Records, Nueces
County, Texas; requiring the owner, King's Crossing Realty, Ltd.,
to comply with the specified conditions and replat the property
within 180 days at owner's expense.
Second Reading Ordinance - Amending Section 33-79, Code of
Ordinances, City of Corpus Christi, regarding entedng or
remaining on City premises with a firearm; and providing for
penalties. (First Reading - 11/11/03) (Attachment # 18)
Second Reading Ordinance- Authorizing the City Manager or his
designee to execute a lease with the United States Postal Service
to lease space containing approximately 463 square feet located
in the cargo facility for the operation of United States Postal
Services in consideration of an annual rental payment of $13,840
for a term of up to fifty-four months. (First Reading - 10/14/03)
(Attachment # 19)
PUBLIC HEARINGS:
ZONING CASES:
Case No. 0603-04. Paul S. Vera: A change of zoning from a "R-
lB" One-family Dwelling Distdct and "B-l" .N, eighbo~ho0-~-
Business Distdct with a "SP" Special Permit to..a "B..~4~, en~e. ral
Business Distdct on Laguna Acres, Block 1, Lo~2~'nd a portion
of Lot 11, located at the southeast ~[~'~f Home Road and
Teresa Street. ('rabled on~(Attach .m?t # 2_0) . . .
Planninq Commission ape~St~me~on: Denial of
the "B-4" District, ~ lieu thereof, approval a revised Special
Permit on Lot.~l~to include a portion of Lot 11 to allow the auto
repair us~e~mited to minor and major auto repair and to correct
the~a~d, ing expansion setback subject to a site plan and 10
cbnditions.
CITY COUNCIL
PRIORITY ISSUES
(Refe~ to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
November18,2003
Page 7
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda Summary)
21.a.
21 .b.
22.a.
22.b.
ORDINANCE
Amendin.g the Zoning Ordinance upon application~
by changing the zoning map in reference to~na Acres, Block
1, Lot 12 and a portion of Lot 11, ~ntly zoned "R-lB" One-
family Dwelling District ~eighborhood Business
District with a spe~ a special permit for an
auto repair u~ng expansion setback
subject t~~ons; amending the
co~ny deviations from the
exist~g comprehensive plan.
CAPITAL BUDGET: (AFTER 2:00 P.M.)
Overview of proposed FY 2003-2004 Capital Budget and Capital
Improvement Guide (ClP) (Attachment # 21)
Public hearing on FY 2003-2004 Capital Budge and CIP Guide
(Attachment # 21)
MUSTANG/PADRE ISLAND DEVELOPMENT PLAN:
Public hearing to consider adopting the Mustang-Padre Island
Area Development Plan, an element of the Comprehensive Plan,
for purposes of defining the City's Comprehensive Plan Policies
on Mustang and Padre Island for protection of the environment,
future land use, transportation, public services, dune protection,
beach access, Packery Channel, and capital improvements.
(Attachment # 22)
First Reading Ordinance -Amending the Comprehensive Plan of
the City of Corpus Christi ("The City") by adopting the Mustang-
Padre Island Area Development Plan; defining the City's
Comprehensive Plan Policies on Mustang and Padre Island for
protection of the environment, future land use, transportation,
public services, dune protection, beach access, Packery Channel
and capital improvements. (Attachment # 22)
K. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
Agenda
Regular Council Meeting
November 18, 2003
Page 8
23.
South Padre Island Drive Traffic Congestion Study
(Attachment # 23)
24.
Status of services, Capital requirements, and new initiatives
provided by the Street Department (Attachment # 24)
25.
Utility Re-Engineering Update (Attachment # 25)
(Related Action Item # 26)
L. REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
26.
Motion authorizing the City Manager or his designee to execute
Amendment No. 2 to the contract with EMA, Inc., of Tucson,
Arizona in the amount of $1,090,000 for next phase
implementation of the Computerized Maintenance Management
System. (Attachment # 26)
27.
Motion authorizing the City Manager or his designee to execute
a seating package contract with Irwin Seating Company, of Grand
Rapids, Michigan in an amount not to exceed $1,230,504.75 for
the Corpus Christi Bayfront Multi-Purpose Arena Seating
Package. (Attachment # 27)
28.
Resolution suspending the effective date of AEP Texas Central
Company's (formerly Central Power and Light Company)
requested rate changes to permit the City time to study the
request and to establish reasonable rates;
approving cooperation with other cities within AEP Texas Central
Company's service territory; authorizing intervention in the
proceeding atthe Public Utility Commission; authorizing the hiring
of legal counsel and consultants; requiring reimbursement of the
City's rate case expenses; and requiring notice of this resolution
to the company. (Attachment # 28)
29.
Motion authorizing the City Manager or his designee to execute
a consultant contract with LNV Engineering, of Corpus Christi,
Texas for a total fee not to exceed of $507,157 for the Water
System Interactive Hydraulic Model and Analysis Project.
(Attachment # 29)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
419
G 55o5
Agenda
Regular Council Meeting
November18,2003
Page 9
30.
Ordinance approving the License Agreement betw~of
Corpus Christi and Gulfferra Energy Partners~l~., settling claims
of the City for past use of City dghts~of~'ay and property by
Gulfterra and its predecesso~ng to Gulfterra the right to
use certain City dght~d property for pipelines
transmitting natural ~ds, and other petroleum
products for a t~ one ten-year renewal term;
establishin~c property; providing
for eq~on of City n'ghts-of-way,
p~ing for related matters.
(Att~ment # 30)
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 dirfge a la junta y cree que su ingl&s es limitado, habr~ un int&rprete
ingios-esparlol en la reuniOn de la junta pare ayudade.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALLI
BERATE, EMBARRASS, ACCUSE, OR SHOW ANYI
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 futura Council meetings and activities; and
other brfef discussions regarding city-related matters.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
November 18, 2003
Page 10
31.
32.
33.
O.
CITY MANAGER'S REPORT
* Upcoming Items
MAYOR'S UPDATE
COUNCIL AND OTHER REPORTS
ADJOURNMENT: -- ~_~ ',~ ~' ~
POSTING STATEMENT:
This agenda was posted on the City's offi f,j.al bullp_tin board at the ~Tont en, trance
to City Hall, 1201 Leopard Street, at ~,~ ] lC p.m., ~Ov, l~--f ,
2003.
Armando Chapa
City Secretary
NOTE:
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)
2003 406
Motion authorizing the City Manager to execute an amendment to the Legal
Services Agreement with Lowell Denton of Denton, Navarro, Rocha & Bernal to
represent the City in Larry Young, et al v. City of Corpus Christi, Cause No. 13-
03-00559-CV; on appeal from the 94th Judicial District Court of Nueces County,
Texas (Cause No. 01-0647-C), at an houdy rate of $200, plus expenses, subject
to certification of funds.
2003 4 O7
Motion authorizing the City Manager to execute an amendment to the Legal
Services Agreement with Lowell Denton of Denton, Navarro, Rocha & Bernal to
represent the City in Mary Collins, et al v. City of Corpus Christi, Cause No. 13-
03-00428-CV; on appeal from the 94th Judicial District Court of Nueces County,
Texas (Cause No. 01-0646-C), at an hourly rate of $200, plus expenses, subject
to certification of funds.
20O3
Motion authorizing the City Manager to execute an amendment to the Legal
Services Agreement with Lowell Denton of Denton, Navarro, Rocha & Bernal to
represent the City in Robert Partney, et al v. City of Corpus Christi; Civil Action
No. C-03-153 in United States District Court, Southern District of Texas, Corpus
Christi, Division, at an hourly rate of $200, plus expenses, subject to certification
of funds.
40~
2003 4O9
Motion authorizing the City Manager to execute an amendment to the Legal
Services Agreement with Lowell Denton of Denton, Navarro, Rocha & Bernal to
represent the City in the fire collective bargaining negotiations, at an hourly rate
of $200, plus expenses, subject to certification of funds.
2003 4 '~ 0
Motion authorizing the City Manager to execute an amendment to the Legal
Services Agreement with James Perschbach of Bracewell & Patterson to
represent the City regarding a potential claim against the City's stop loss carrier,
at an hourly rate of $200, plus expenses, subject to certification of funds.
2003 411
Motion authorizing the City Manager to setUe Kourtney Hancock vs. Coca-Cola
Enterprises, Inc. and the City of Corpus Christi, Cause No. 02-1169-B, 117t"
District Court, Nueces County, Texas, by payment of the sum of $250,000.
2003 ?, ~ 2
Motion confirming the City Manager's appointment of Mary Kay Fischer to serve
as City Attorney effective December 22, 2003.
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
November 18, 2003
CONSENT AGENDA:
,Item Number ~.,
S. Neal
B. Chesney
J. Colmenero
=. Coope~
H. Garre~
B. Kelly
R. Kinnison
J. Noyola
M. Sco~
Passed/Failed
Page I of