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AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
DECEMBER 9, 2003
12:00 P.M. -- I~- ~
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 dirtgirse al Concilio y cree que su ingl&s es limitado, habra un int&rprete ingl6s-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
c~ntact the City $ecretary~s ~~ce (at 361-88~-31~5) at ~east 48 h~urs in advance s~ that ~ppr~prtate arrangements can be
made.
A. Mayor Samuel L. Neal, Jr. to call the meeting to order.
Invocation to be given by Reverend E. F. Bennett. -- I~__~ I I b,~
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. Neal, Jr. ~
Mayor Pro Tem Brent Chesney
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 Attorney R. Jay Reining
City Secretary Armando Chapa
E. MINUTES:
1. Approval of Joint and Regular Meetings of~levember 11, 2003 and Regular Meeting of
November 18, 2003. (Attachment # 1)
Agenda
Regular Council Meeting
December 9, 2003
Page 2
EXECUTIVE SESSION:
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 measures that can be taken to protect and
enhance the City's existing water rights, with possible discussion
and action related thereto in open session.
Executive session under Texas Government Code Section
551.071 regarding City of San Benito v. PG&E Gas Transmission,
Texas Corporation, et al No. 96-12-7404-A, 107t' Distdct Court,
Cameron County, Texas; the remaining related claims of the City
of Corpus Chdsti against PG&E's successor Gulf-l'erra Texas
Pipeline, L.P. and other entities; and similar claims of the City of
Corpus Chdsti 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
rether 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 regular, or a subsequent special meefl'ng; such agendas are
incorporated herein for reconsideration and action on any reconsidered
item.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend al Ihe end of We
agenda summary)
2003 421
Agenda
Regular Council Meeting
December 9, 2003
Page 3
CO.SE.T ^GE.D^
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support matedal 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
requi#ng 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 authorizing a supply agreement with National Water
Works, of Corpus Chdsti, Texas for approximately 2,974 ductile
iron mechanical joint, flanged and swivel fittings and
approximately 5,100 related accessories in accordance with Bid
Invitation No. BI-0015-04, based on Iow total bid for an estimated
annual expenditure of $26,182.95. The term of the contract is for
twelve months with options to extend for up to two additional
twelve-month periods, subject to the approval of the contractor
and the City Manager or his designee. These items are
purchased into the Warehouse Inventory and charged out to the
Water and Wastewater Departments. (Attachment # 4)
Motion authorizing a supply agreement for hot tap fittings in
accordance with Bid Invitation No. BI-0010-04 with T.D.
Williamson, of Tulsa, Oklahoma based on sole source for an
estimated annual expenditure of $26,306. The term of the supply
agreement 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 are
available from the Warehouse Inventory Account for FY 2003-
2004. (Attachment # 5)
CITY COUNCIL
PRIORITY ISSUES
(Refe~ to legefld at the end of the
agenda summa~)
2003 422
2003 423
Agenda
Regular Council Me~ing
December9,2003
Page4
o
10.
11.
Motion authorizing a maintenance agreement with Medtronic
Physio-Control Corporation of Redmond, Washington for testing
and calibrating of automatic external defibrillators for the Fire
Department- Emergency Medical Service based on sole source,
for a total amount of $30,602. Funds have been budgeted by the
Fire Department in FY 2003-2004. (Attachment # 6)
Motion authorizing a supply agreement with Miller Environmental
Services, of Corpus Christi, Texas for storm water inlet cleaning
in accordance with Bid Invitation No. BI-0005-04, based on only
bid for an estimated annual expenditure of $447,258. 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.
Funds have been budgeted by the Storm Water Department in
FY 2003-2004. (Attachment # 7)
Motion authorizing the purchase of an IP telephone system for
the new Animal and Vector Control Facility with Logicalis, of
Houston, Texas in accordance with the State of Texas
Cooperative Pumhasing Program for a total amount of
$46,694.39. Funds have been budgeted by the Municipal
Information Systems Department in FY 2003-2004.
(Attachment # 8)
Motion authorizing the City Manager or his designee to execute
a construction contract with Jhabores Construction Company,
Inc., of Corpus Christi, Texas in the amount of $67,707.50 for the
Clarkwood Road Gravity Sewer Extension for Base Bid B.
(Attachment # 9)
Motion authorizing the City Manager or his designee to execute
a construction contract with IHS Construction, Inc., of Corpus
Christi, Texas in the amount of $238,345 for the Alta Plaza
Drainage Improvements. (Attachment # 10)
Motion authorizing the City Manager or his designee to issue
payment to the Texas Department of Transportation (TxDOT) for
the bddge rehabilitation on the Cayo Del Oso Bridge on Ocean
Drive (closest to the Naval Air Station) at a cost to the City not to
exceed $86,843.83. (Attachment # 11)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
'.., 424
2OO3 , 25
2003 426
2003 427
2003 428
2003 ,429
Agenda
Regular Council Meeting
December9,2003
Page 5
12.
13.
14.
15.
16.
17.
Ordinance appropriating $2,500 from the United States Tennis
Association and $2,500 from the United States Tennis
Association - Texas Section into Fund No. 3280 for the Al Kruse
Tennis Center Court Improvements Project; and amending the FY
2002-2003 Capital Budget adopted by Ordinance No. 025144 by
increasing appropriations by $5,000. (Attachment # 12)
Resolution authorizing the City Manageror his designee to submit
a grant application in the amount of $42,633 to the State of
Texas, Criminal Justice Division for Year 5 funding available
under the Victims of Crime Act (VOCA) Fund for the Police
Department's Family Violence Unit with a City match of $11,370
in the No. 1061 Trust Fund and $3,500 in-kind services; for a total
project cost of $57,503. (Attachment # 13)
Motion adopting the timetable for the FY 2004 Consolidated
Plan/Annual Action Plan (CP/AAP) that is the planning and
application process for the Community Development Block Grant
(CDBG), HOME Investment Partnerships (HOME), and
Emergency Shelter Grant (ESG) Programs. (Attachment # 14)
Motion authorizing a three-year (3) contract with two (2) one-year
options to renew or until termination pursuant to the Agreement
between the City of Corpus Christi, Texas and Dennis A. Joiner
& Associates to perform professional services under this
Agreement as an independent contractor for Fire and Police
Promotional Examinations and Assessment Centers for the City.
(Attachment # 15)
Resolution authorizing the City Manager or his designee to
execute an Intedocal Cooperative Agreement with the Regional
Transportation Authority (RTA) for the sharing of technology.
(Attachment # 16)
Resolution authorizing the City Manager or his designee to
execute an Interlocal Cooperative Agreement with the Texas
Department of Transportation (State) to permit connection of the
City's Fiber Optic Network (FON) to the State's FON.
(Attachment # 17)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summa~)
2003 430
2003 431
Agenda
Regular Council Meeting
December9,2003
Page 6
18.
19.
20.
22.
23.
24.
25.
Ordinance authorizing the City Manager or his designee to
execute a Use Privilege Agreement with Stabil Ddll Corpus Chdsti
for the dght to construct, maintain and alter approximately 200-
linear feet of an 8-foot high chain link fence, adjacent to
approximately 700-square feet of bedding and landscaping and
approximately 1,700-square feet of parking lot area, all within the
South Navigation Boulevard street right-of-way; establishing a fee
of $8,427; and requiring Stabil Ddll Corpus Chdsti to comply with
the specified conditions. (Attachment # 18)
First Reading Ordinance - Authorizing the City Manager or his
designee to execute a five-year lease with Tejas Bowmen Archery
Club to construct, maintain, and operate an archery range; and
providing for termination upon 30 days notice by either party.
(Attachment # 19)
Second Reading Ordinance - Authorizing the City Manager or his
designee to execute a five-year lease with the Texas Commission
on Environmental Quality (TCEQ) to site continuous air quality
monitors in Woodlawn Park and in H.J. Williams Park in
consideration of TCEQ providing the air monitoring services.
(First Reading - 11/11/03) (Attachment # 20)
PRESENTATIONS:
Public comment will not be solicited on Presentation items.
Fifteenth Annual "Feast of Sharing", HEB Holiday Dinner
(Attachment # 21)
First Quarterly Update on the City's Title II Transition Plan under
the Americans with Disability Act (ADA) (Attachment # 22)
Update on Status of Convention Center and Multipurpose Arena
by SMG, Management Company (Attachment # 23)
Status of Services, Capital Requirements, and new initiatives by
the Street Department (Attachment # 24)
Proposed South Central Area Development Plan
(Attachment # 25)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at ~e end of
agenda summary)
Agenda
Regular Council Meeting
December 9, 2003
Page 7
26.
27.
Risk Management Fund Quarterly Update for the period ended
July 31, 2003 and October 31,2003
(Attachment # 26)
Community Youth Development Program (78415) Progress
Report (Attachment # 27)
(RECESS REGULAR COUNCIL MEETING)
MEETING OF CITY CORPORATION:
CORPUS CHRISTI INDUSTRIAL DEVELOPMENT
CORPORATION SPECIAL MEETING: (Attachment # 28)
AGENDA
CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION
Date:
Tuesday, December 9, 2003
Time:
Dudng the meeting of the City Council beginning
at 12 p.m.
Place:
City Council Chambers
1201 Leopard St.
Corpus Christi, TX 78401
1. President Henry Garrett calls meeting to order.
2. Secretary Armando Chapa calls roll.
Board of Directors
Henry Garrett, President
Jesse Noyola, Vice President
Javier Colmenero
Brent Chesney
Melody Cooper
Bill Kelly
Rex A. Kinnison
Mark Scott
Samuel L. Neal, Jr.
Officers
George K. Noe, General Manager
Armando Chapa, Secretary
Mary Juarez, Asst. Secretary
Vacant, Treasurer
Constance P. Sanchez, Asst. Treasurer
3. Approval of Minutes of May 13, 2003.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
4. Election of Treasurer to fill vacancy.
Agenda
Regular Council Meeting
December 9, 2003
Page 8
29.
5. Financial Report.
Consideration of the following resolution to approve
amendments to the resolution adopted in 1984 in
connection with financing the Medical Plaza building
located on S. Staples Street north of Six Points:
RESOLUTION AMENDING A RESOLUTION
AUTHORIZING THE ISSUANCE OF CORPUS CHRISTI
INDUSTRIAL DEVELOPMENT CORPORATION
REVENUE BONDS, SERIES '1984 (MEDICAL PLAZA
ASSOCIATES PROJECT)
7. Public Comment.
8. Adjournment.
(RECONVENE REGULAR COUNCIL MEETING)
PUBLIC HEARINGS:
ZONING CASES:
Case No. 1003-01. John Butler. A change of zoning from an "F-
R" Farm-Rural Distdct to a "B-4" General Business Distdct on
Flour Bluff and Encinal Farm and Garden Tracts, being 1.953
acres out of the east one-half of Lot 14, Section 21, located north
of Yorktown Boulevard and 1,700 feet east of Cimarron Road.
(Attachment # 29)
Planninq Commission's Recommendatim3c~'~al~3-~-;B-4"
Dist.rict and in lieu their a "B-l" Neighborhood
Business D'~Special Permit for a mini-storage facility
sub~e (5) conditions.
Staff's Recommendation: Approval of a "B-4" General Business
District.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
December9,2003
Page 9
ORDINANCE
Amending the Zoning Ordinance upon application by John Butler
by changing the zoning map in reference to 1.953 acres out of Lot
14, Section 21, Flour Bluff and Encinal Farm and Garden Tracts
(currently zoned "F-R' Farm-Rural District) by granting a "B-l"
Neighborhood Business District with a special permit for a mini-
storage facility subject to five (5) conditions; and amending the
comprehensive plan to account for any deviations from the
existing comprehensive plan.
STORM WATER MASTER PLAN:
30.a.
30.b.
Mm
Public headng to consider amending the 1982 Storm Drainage
Plan for the area west of Calallen (Five Points) to transfer about
8 acres from Basin "E" to an unidentified basin neighboring on the
east. (Attachment # 30)
,=imf ,~,~-~.~ Cr~[r,~c~ -,~d-~ending the 1982 Storm Drainage
Master Plan for the area west of Calallen (Five Points) to transfer
about 8 acres from Basin "E" to an unidentified basin neighboring
on the east as better described in the attached exhibit.
(Attachment # 30)
REGULAR AGENDA ~ .~t- ~
CONSIDERATION OF MOTIONS, RESOLUTIONS~ AND ORDINANCES:
31. First Reading Ordinance - Waiving the 60-day waiting period and
publication of legal notice; and renaming the park at 701 St. Pius
Drive from Meadowbrook Park to Dan Whitworth Park.
(Attachment # 31)
32.a. Motion amending prior to secon~Code of
Ordinances, Chapt.er 24~ns, by add'rog Article V,
Discriminatio~ties, establishing
'on. (A att chment~ 32)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
RegularCouncil Meeting
December9,2003
Page10
32.b.
33.a.
33.b.
35.
Second Reading Ordinance- A~Ordinances,
Chapter 24, Human Rela '~bm~'~by adding Article V, Discrimination
Against I~es, establishing procedure and
imping for penalties. (First Reading -
07/22.~J) (Attachment # 32)
Ordinance appropriating $11,356.56 in unappropriated interest
earnings from Street 1990 Capital Improvement Program Fund
No. 3534; and appropriating $11,350.48 from the unappropriated
interest earnings in Street 1995 Capital Improvement Program
Fund No. 3537; and appropriating $233,960.46 from the
unappropriated interest eamings in Street 1995B Capital
Improvement Program Fund No. 3538; and appropriating
$160,642.35 from the unappropriated interest earnings in Street
2001 Capital Improvement Program Fund No. 3540 for street
improvements to Home Road from Ayers Street to Kostoryz
Road; and amending the Capital Budget FY 2002-2003 adopted
by Ordinance No. 025144 by increasing appropriations by
$417,309.85. (BOND ISSUE 2000) (Attachment # 33)
Motion authorizing the City Manager or his designee to execute
a construction contract with Haas-Anderson Construction
Company, of Corpus Christi, Texas in the amount of
$2,999,999.99 for Home Road from Ayers Street to Kostoryz
Road Street Improvement Project. (BOND ISSUE 2000)
(Attachment # 33)
Motion authorizing the City Manager or his designee to execute
a contract with KIS-SSI, LLC, Joint Venture dba Kitchen
Installation Services/Stafford-Smith, Inc., of Houston, Texas in the
amount of $1,219,122 for the Multi-Purpose Arena and
Convention Center Food Service Equipment. (Attachment # 34)
Motion authorizing the City Manager or his designee to execute
an engineering services contract with Wilbur Smith Associates,
Inc., of Dallas, Texas in an amount not to exceed $32,500 for
Parking, Roadway, and Traffic Study for the Professional Minor
League Baseball Stadium. (Attachment # 35)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend al the end of the
agenda summaG,)
434
Agenda
Regular Council Meeting
December 9, 2003
Page 11
36. First Reading Ordinance - Amending the Code of Ordinances,
City of Corpus Christi, Chapter 55 to establish procedures
regarding secudty deposit, delinquent payments, late fees, and
average billing for the Utilities Business Office; and providing for
/~, ,, penalties. (Attachment # 36)
37. Cc.':c!~-~:=*.!c.-. Grc.~,t;~.g a variance, under Section 4-5(F) of the
Code of Ordinances, City of Corpus Christi to Get Happy, LLC to
operate an on premises alcoholic beverage establishment located
at 526 South Staples Street. (Attachment # 37)
38.
First Reading Ordinance - Amending Section 4-5, Code of
Ordinances, City of Corpus Christi regarding the location of
establishments serving on-premise alcoholic beverages; and
providing for penalties. (Attachment # 38)
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 dirige a la junta y cree qua su ingl~s es limitado, habr~ un int&rprete
ingl~s-espai~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.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summa~)
Agenda
Regular Council Meeting
December 9, 2003
Page 12
O. REPORTS:
39.
40.
41.
P.
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 MANAGER'S REPORT
* Upcoming Items
MAYOR'S UPDATE
COUNCILAND OTHER REPORTS
ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance
to City Hall, 1201 Leopard Street, at 4:30 p.m., December 5, 2003.
Armando Chapa ~
City Secretary
CiTY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summa~)
2003 421
Motion authorizing the City Manager to execute an amendment to the Legal
Services Agreement with Tim Brown to provide legal advice on the City's water
dghts and to represent the City before agencies on matters affecting the City's
water rights, at an hourly rate of $175, plus expenses, subject to certification of
funds. The amendment may authorize Mr. Brown to subcontract with necessary
consultants to determine the volume of water at controversy.
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
December 9, 2003
CONSENT AGENDA:
S. Neal
B. Chesney
J. Colmenero
M. Cooper
H. Garrett
B. Kelly
R. Kinnison
J. Noyola
M. Scoff
Passed/Failed
Page } of ~
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
December 9, 2003
~,, ~b
S. Neal
B. Chesney
J, Colmenero
M. Cooper
H. GarreE
B. Kelly
R. Kinnison
J. Noyola
M. Scoff
PassedlFail.d