HomeMy WebLinkAboutReference Agenda City Council - 03/30/200411:45 A.M. - Proclamation declaring March 26, 2004 as 'American Gl Forum Founder's Day' Proclamation declaring O~e month of Ap~l as 'Ocgas & T~ssue Donor Month'
Proclamation declaring the month of Apdl as "Earth Month & Ear~ Day/Bay Day Celebration'
Proclamation declaring the month of April as "Sexual Assault Awareness Month'
Proclamation declaring ~e rnonffi of May as "Motorcycle Safety & Awareness Month'
Commendation - West Oso High School Boys Basketball Team fc~ capturing their 6~' Region IV - 3A Championship
'At Your Service Award', City Staff Recognition Program
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
120~1 LEOPARD
MARCH 30, 2004
9:00 A.M. -- ~ c, _ tv,.
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 12:00 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 Usted desea didgirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espa~ol 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.
Bm
Mayor Samuel L. Neal, Jr.
Mayor Pm Tem Mark Scott
Invocation to be given by Ass~c:a;e Pas;~,r P,c,,'~dy W---~t:r~,,r=n, Corpus Chi';ofi Chr~stian~
Fellowship... t~ ~ iI
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
Melody Cooper
Javier D. Coimenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Agenda
Regular Council Meeting
March 30, 2004
Page 2
E. MINUTES:
Approval of Regular Meeting of March 23, 2004.
(Attachment # 1)
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 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 ~wo 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
The following items ara 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 &ne 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 (2) sport utility vehicles
(SUV's) from theHouston-Galveston Area Council of Govemment
(HGAC), for the total amount of $51,581.40. The award is based
on the cooperative purchasing agreement with HGAC. The
vehicles will be used by the Police Department. Funding is
available from the FY 2003-2004 Capital Outlay Budget in the
Maintenance Services Fund. (Attachment # 2)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at U~e end of the
agenda surnmaG')
Agenda
Regular Council Meeting
Mamh 30,2004
Page 3
.8,
oao
4ob.
Motion authorizing the City Manager or his designee to accept
grant funding in the amount of $25,000 from the Texas
Department of Transportation for an Impaired Ddving Mobilization
Selective Traffic Enforcement Project (STEP) grant for DWI
enforcement overtime within the Police Department and to
execute all related documents. (Attachment # 3)
Ordinance appropriating $25,000 from the Texas Department of
Transportation for funding of an Impaired Driving Mobilization
Selective Traffic Enforcement Project (STEP) grant for DWI
enforcement overtime within the Police Department in No. 1061
Police Grants Fund. (Attachment # 3)
Motion authorizing the City Manager or his designee to accept a
contract from the Area Agency on Aging of the Coastal Bend for
the continuation of the FY 2004 Eldedy Nutrition Program.
(Attachment # 4) {~ 4- it-
Motion authorizing the City Manager or his designee to accept a
grant in the amount of $196,830 from the Texas Department of
Human Services for the FY 2004 Title XX Meals on Wheels
Program. (Attachment # 4)
Ordinance appropriating a grant in the amount of $196,830 from
the Texas Department of Human Services for the FY 2004 Title
XX Meals on Wheels Program in the No. 1067 Park and
Recreation Grant Fund. (Attachment # 4)
Motion approving the application from Idea Worldwide, LL.C. to
temporarily close the following street sections for the Velocity
Games: (Attachment# 5)
East Shoreline Boulevard (northbound), including the
parking lane, from Furman Avenue to Park Avenue,
maintaining an 18-foot emergency lane on the east side of
this section beginning at 6:00 a.m. on Tuesday, May 25,
2004 until Tuesday, June 1, 2004 at 12:00 a.m.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
2004 117
02U682
2004
2004 t 19
II
,.~" 25063
?.,. 0 0 4 ! 2 0
I S'-wo - ti
Agenda
Regular Council Meeting
March 30, 2004
Page 4
10.
East Shoreline Boulevard (northbound)from Park Avenue
to Coopers Alley, maintaining an 18-foot emergency lane
and traffic circulation lane on the west side of this section
beginning at 6:00 a.m. on Tuesday, May 25, 2004 until
Tuesday, June 1, 2004 at 12:00 a.m.
Motion authorizing the City Manager or his designee to execute
Amendment No.1 to a Contract for Professional Services with
Goldston Engineering, Inc., of Corpus Christi, Texas in the
amount of $137,948.75 for a total restated fee of $437,523.75 for
Capital Improvement Program Project D~e~ve~lop~n,e. nt Assist~n, ce.
(Attachment# 6)
Motion authorizing the City Manager or his designee to execute
Change Order No. 8 for the Multi-Purpose Arena with Fulton
Coastcon, Joint Venture, of Corpus Chdsti, Texas in the amount
of $362,039 for various architectural, electrical, and mechanical
modifications. (Attachment # 7)
Motion authorizing the City Manager or his designee to execute
Amendment No. 1 to the Construction Manager at Risk Contract
with Fulton Coastcon and Hunt Construction Group, Joint Venture
of Corpus Christi, Texas and Indianapolis, Indiana establishing a
Guaranteed Maximum Price of $21,460,526 for construction for
the Professional Minor League Baseball Stadium.
(Attachment # 8)
Motion authorizing the City Manager or his designee to execute
a construction contract with Hoover Construction, of Bumet,
Texas in the amount of $649,214.51 for the State Highway 44
Clarkwood By-Pass Utility Adjustments Project. (Attachment # 9)
Motion authorizing the City Manager or his designee to execute
a Utility Easement instrument with Boy H. Salazar and Ricardo
A. Martinez in the amount of $25,080 for Parcel 406, necessary
for the Southside Water Transmission Main, Phase 4 Project and
for other municipal purposes. (Attachment # 10)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
2004 121
Co.,
2004 t 22
200,4 23
",lv
2OO4 I 24
'gTC-c,-
Agenda
Regular Council Meeting
March 30, 2004
Page 5
11.
12.
13.
14.a.
14.b.
15.a.
15.b.
Motion authorizing the City Manager or his designee to execute
Change Order No. 7 with IHS Construction, of Corpus Christi,
Texas in the amount of $128,395 for Street Resurfacing on South
Staples Street from Gollihar Road to Williams Ddve for additional
traffic control and lane widening. (BOND ISSUE 2000)
(Attachment # 11 )
Motion authorizing the City Manager or his designee to execute
Change Order No. 3 to the contract with Reynolds, Inc., of
Orleans, Indiana in the amount of $199,061 for Broadway Basin
SSO-I/I and Rehabilitation Stage 2-A Rebid for immediate and
necessary repairs to severely deteriorated collection system
major trunk lines. (Attachment # 12)
Motion authorizing the City Manager to execute a Deferment
Agreement with Hogan Development Company, L.P. (Developer)
in the amount of $728,481.66 for public improvements including
street pavement, curb, gutter, and sidewalks and storm water
lines for the future street construction improvements to Corsica
Road, Spanish Wood Drive, and Tapestry Street within the
Barclay Grove, Unit 9 A Subdivision, in accordance with the
Platting Ordinance Section V-Required Improvements,
Subsection A.3.b. (Attachment # 13)
Motion authorizing the City Manager or his designee to amend
the scope of work for the Community Development Block Grant
FY 2002 Neighborhood Centers of Corpus Chdsti project and
reinstate and extend the contract term through November 30,
2004. (Attachment # 14)
Motion authorizing the City Manager or his designee to amend
the scope of work for the Community Development Block Grant
FY 2003 Gar cia Arts Education Center Area Street Imprcvements
Phase 1 and 2. (Attachment # 14)
Resolution supporting the construction and permitting of a Corpus
Chdsti LNG Facility by Corpus Chdsti LNG, L.P., an affiliate of
Cheniere Energy, Inc. (Attachment # 15)
Resolution supporting the construction and permitting of a San
Patdcio LNG Facility by Vista del Sol LNG Terminal, L.P., an
affiliate of Exxon Mobil. (Attachment # 15)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at fl~e end of the
agenda su~3t% ~
200 . I 2,7
200/ ! 30
Agenda
Regular Council Meeting
Mamh 30, 2004
Page 6
15.C.
Resolution supporting the construction and permitting of an LNG
receiving terminal by Occidental Energy Ventures Corporation.
(Attachment # 15)
16.
Second Reading Ordinance - Amending the Zoning Ordinance of
the City of Corpus Christi by amending sections 4A-2, 4B-2, 4C-2,
5-2, 6B-2, 8-2, 8A-2, and 9-2 to allow for temporary non-
illuminated signs pertaining to the lease, hire, or sale of a building
or premises on which the sign is located, with certain parameters.
(First Reading 03/23/04) (Attachment # 16)
I. PUBLIC HEARINGS:
ZONING ORDINANCE AND PLATTING ORDINANCE TEXT
AMENDMENTS:
17.a.
Public Hearing to consider Zoning Ordinance and Platting
Ordinance Text Amendment: A text amendment to the Zoning
Ordinance and Platting Ordinance to increase penalties for code
violations to be consistent with State law. (Attachment # 17)
17.b.
First Reading Ordinance - Amending the Zoning Ordinance of the
City of Corpus Chdsti by revising Section 35-3, by changing the
maximum fine amount from $1,000 to $2,000. (Attachment # 17)
17.c.
First Reading Ordinance-Amending the Platting Ordinance of the
City of Corpus Chdsti by revising Section XI - Penalties, by
changing the maximum fine amount from $100 to $500.
(Attachment # 17)
18.a.
Public headng to consider an amendment to the Preservation
Plan, An Element of the Comprehensive Plan, by designation of
402 Peoples Street as a "Potential Landmark".
(Attachment # 18)
18.b.
First Reading Ordinance - Amending the City of Corpus Christi
Preservation Plan, An Element of the Comprehensive Plan, by
designating property located at 402 Peoples Street as a "Potential
Landmark" and by adding that one property that has been
designated as a potential landmark within the Preservation Plan.
(Attachment # 18)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Me~ing
Mamh 30,2004
Page 7
ZONING CASES:
19.
Case No. 0204-05, Richard O. Sema: A change of zoning from a
"R-lB" One-family Dwelling District to a "B-l" Neighborhood
Business District. The property is on Tracy Subdivision, Block 6,
Lot 3, located along Elizabeth Street to the west and 100 feet
north of Baldwin Boulevard. (Attachment # 19)
Planninq Commission and StafFs Recommendation: Approval of
a "B-l" Neighborhood Business District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Richard
Sema by changing the zoning map in reference to Tracy
Subdivision, Block 6, Lot 3 from "R-lB" One-family Dwelling
Distdct to "B-1" Neighborhood Business District; and amending
the comprehensive plan to account for any deviations from the
existing comprehensive plan.
20. Case No. 0204-06, Maudce C. Hunsaker and Walter Day: A
change of zoning from a "F-R" Farm-Rural Distdct to a "R-lC'
One-family Dwelling District. The property is on Flour Bluff and
Encinal Farm and Garden Tracts, Section 26, being 19.98 acres
out of Lot 12, located along County Road 26-A to the north and
~Z,/:~:~I~ f Rodd Fiei{3~F~oa~3. (At~achmen[ # 20) ~
PJecom~en(;la/ti{)~ ~)er~f the~-lC".D~'stdct,~d" ij~.
~J~bei: o~pp'Fb~val of a "I~B" One'~r'- a ily~l~j-D~sthct/.
ORDINANCE.
Amending the Zoning Ordinance, upon application by Maurice C.
Hunsaker and Walter Day by changing the zoning map in
reference to Flour Bluff and Encinal Farm and Garden Tracts,
being 19.98 acres out Lot 12, Section 26 from "F-R" Farm-Rural
Distdct to "R-lC" One-family Dwelling District; and amending the
comprehensive plan to account for any deviations from the
existing comprehensive plan.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of tha
agenda summary)
025689
Agenda
Regular Council Meeting
March 30,2004
Page 8
21.
22.
Case No. 0204-07, James Paul Allison and Douq Adams: A
change of zoning from a "F-R" Farm-Rural District to a "1-3" Heavy
Industrial District. The property is on Bohemian Colony Lands,
Section 14, being 10 acres out of Lots 1 and 8, located along
Saratoga Boulevard to the south and west of State Highway 286.
(Attachment # 21 )
Planninq Commission and Staffs Recommendation: Denial of the
"1-3" District, and in lieu thereof, approval of a "1-2" Light Industrial
District.
ORDINANCE
Amending the Zoning Ordinance, upon application by James Paul
Allison and Doug Adams by changing the zoning map in
reference to Bohemian Colony Lands, being 10 acres out of Lots
1 and 8, Section 14, from "F-R" Farm-Rural Distdct to "1-2" Light
Industrial District; and amending the comprehensive plan to
account for any deviations from the existing comprehensive plan.
Case No. 0204-08, Hogan Development Company, L.P.: A
change of zoning from a "F-R" Farm-Rural District to a "R-lC"
One-family Dwelling District. The property is on Flour Bluff and
Encinal Farm and Garden Tracts, Section 32, being 50.484 acres
out of Lots 15, 16, 17, 22, and 23, located along Wooldddge
Road to the south and east of Rodd Field Road.
(Attachment # 22)
Planni~q Commission and Staffs Recommendation: Approval of
the "R-lC" One-family Dwelling District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Hogan
Development Company, LP by changing the zoning map in
reference to Flour Bluff and Encinal Farm and Garden Tracts,
being 50.484 acres out of Lots 15, 16, 17, 22, and 23, Section 32
from "F-R" Farm-Rural Distdct to "R-lC" One-family Dwelling
District; and amending the comprehensive plan to account for any
deviations from the existing comprehensive plan.
CITY COUNCIL
PRIORI._~LTY ISSUES
(Refer to legend at the end o~ the
agenda summary)
Agenda
Regular Council Meeting
March 30,2004
Page 9
J=
PRESENTATIONS:
Public comment will not be solicited on Presentation items.
23.
Crime Control and Prevention Distdct Proposed FY 2004-2005
Budget and Project Update. (Attachment # 23)
24.
Padre Island Desalinization Plant Feasibility Analysis and Siting
Plan, Stage 1, Phase 2. (Attachment # 24)
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
25.
Motion authorizing the City Manager or his designee to execute
an amendment to a Contract for Professional Services with
Urban Engineering, of Corpus Christi, Texas in the amount of
$615,245 for the Southside Transmission Main, Phase 6 -
Laguna Madre Pipeline Crossing Permitting. (Attachment # 25)
26.
First Reading Ordinance - Amending Section 1-6 of the Code of
Ordinances relating to general penalties; enacting Subsection 1-
6.1 relating to continuing violations. (Attachment # 26)
27.
First Reading Ordinance - Amending Section 23-63 of the Code
of Ordinances relating to depositing garbage in a public place.
(Attachment # 27)
28.
First Reading Ordinance - Amending Section 23-67 of the Code
of Ordinance relating to permitting accumulation of filth on lots.
(Attachment # 28)
29.
First Reading Ordinance - Amending Section 23-68 of the Code
of Ordinance relating to permitting weeds and rubbish on lots.
(Attachment # 29)
30.
First Reading Ordinance - Amending Ordinanc~e No. 15898, as
amended, by approving a Revised Standard Form Industrial
Distdct Agreement; and authorizing the City Manager or his
designee, to execute Industrial District Agreements based on the
Revised Standard Form Industrial District Agreement and to file
the Industrial Distdct Agreements in the Official Records of the
county where the affected land is located. (Attachment # 30)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
Mamh 30,2004
Page 10
L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 12:00 P.M. OR AT THE END OF THE
31.
COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM A T THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other information pertaining to your subject, please present it to the City
Secretary.)
Si usted se dirige a la junta y cree que su ingl&$ es limitado, habr~ un int~rprete
ingl~s-espafiol en la reuni6n de la junta para 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.
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 authodzed 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 claim and potential litigation involving the
Animal Control Facility, with possible discussion and action
related thereto in open session.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
March 30, 2004
Page 11
32.
Executive session under Texas Government Code Section
551.071 regarding Cause No. 98-61993-3, George Kines Taylor
and Sandra G. Taylor, as Independent Co-Executors of the
Estate of Fay K. Taylor, Jennifer Taylor Labde, and George
Kelley Taylor vs. City of Corpus Christi, Texas, et al, in the County
Court at Law No. 3, Nueces County, Texas, with possible
discussion and action related thereto 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 brief discussions regarding city-related matters.
33. CITY MANAGER'S REPORT
34.
35.
O.
* Upcoming Items
MAYOR'S UPDATE
COUNCIL AND OTHER REPORTS
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance
to City Hall, 1201 Leopard Street, at 3:00 p.m., March 26, 2004.
manoo apa
City Secretary
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summa~)
Agenda
Regular Council Me~ing
Mamh 30,2004
Page 12
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)
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
March 30, 2004
CONSENT AGENDA:
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
March 30, 2004
Item Number
S. Neal
B. Chesney
J. Colmenero
M. Cooper
H. Garrefl
B. Kelly
R. Kinnison
J. Noyola
M. Sco~
Passed/Failed
Page of