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AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
MAY 25, 2004
10:00A.M. -- I O *.
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 Meeb'ng, whichever is earlier. Please speak into the microphone located at the podium and stale your name
and address. ¥our pmsentation will be limited to three minutes_ If you have a petition or other inforrnation pertaining to your
subject, please present it lo the CiO/Secretary.
Si Usted desea didglrse al Concilio y cree que su ingl&s es timitado, habr~ un int~rprete ingl~s-espa/~ol en lodas las juntas
del Conctiio para ayudarte.
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 Evangelist Napoleon Johnson, Faith Mission Outreach.
Pledge of Allegiance to the Flag of the United States. -- ~ I ~ ~ ..,_ ~
D. Clbj Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tem Rex Kinnison
CounclLMernbers:
Brant Chesney ~
Melody Cooper ~--~'
Javier D. Colmenero ~
Henry Garrett v-/
Bill Kelly ~
Jesse Noyola ~
Mark Scott ~
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Ser, retary ^rmando Chay'a __
E. MINUTES:
1. Approval of Regular Meeting of May 18. 2004. (Attachment # 1) ~
Agenda
Regular Council Meeting
May 25, 2004
Page 2
F. BOARDS & COMMI'I-rEE APPOINTMENTS: (NONE)
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed apprepdate, the City
Counc# 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 modi[ythe 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.
H. CONSENT AGENDA ~ ~'~_ \ G
Notice to the Public
The fo/lowing items are ora 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 un/ess 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 indiv~lual considere~lon)
Motion authorizing the City Manager or his designee to execute
a construction contract with R.S. Black Civil Engineers of Corpus
Christi, Texas in the amount of $486,000 for the Wesley Seale
Dam Crest Gate Hoist Actuator Replacement (South Spillway).
(Attachment # 2)
Motion authorizing the City Manager or his designee to execute
a construction contract with C. W. Campbell Electric, Inc. of
Corpus Chdsti, Texas in the amount of $239,292 for the O.N.
Stevens Water Treatment Plant On-going Instrument
Maintenance Program FY 2004. (Attachment # 3)
CITY COUNCIL
PRIORI'I'Y ISSUES
(Refe*' lo legend at It~e end oH:he
agenda s~a~')
2004 203
2OO4 204
Agenda
Regular Council Meeting
May 25, 2004
Page 3
.8.
4.5.
Motion authorizing the City Manager or his designee to reinstate
and amend the scope of work for the FY 2002 Emergency Shelter
Grant Gulf Coast Council of La Raza agreement. (Attachment #
4)
Motion authorizing the City Manager or his designee to amend
the scope of work for the FY 2003 Emergency Shelter Grant Gulf
Coast Council of La Raza agreement. (Attachment # 4)
Ordinance appropriating $30,020.92 from Barclay Grove Unit 9,
developer's contribution to Drainage Channel No_ 31 in the No.
4730 Infrastructure Fund; amending Ordinance No. 024130,
which appropriated the Trust Funds, by adding $30,020.92 to the
No. 4730 Infrastructure Fund. (Attachment # 5)
Motion approving payment of $30,020.92 developer's conb'ibution
from Barclay Grove Unit 9 from the No. 4730 Infrastructure Fund
to Mark Bratton, Estate Trustee, for disbursement to the
appropriate Funding Owners, in accordance with the Offsite
Drainage Development Contract, Master Plan Drainage Channel
31 between the City of Corpus Chdsti and Trustee. (Attachment
# 5)
Ordinance abandoning and vacating a 1,484-square foot portion
ora 10-foot wide utility easement between Lots 1-3, and Lots 50-
52, Block A, Don Pab-icio; requiring the owner, Daniel J, Thornton
to comply with the specified conditions and replat the property
within 180 days at owner's expense. (Attachment # 6)
Resolution authorizing the City Manager or his designee to accept
a Fedufal Aviation Administration Entitlement Grant, Grant No.
36, in an amount not to exceed $8,218,378 for the following
projects: UpdateAirport Master Plan Study; Rehabilitate Runway
13/31, Phase 1; and acquire 1,500 gallon aircraft rescue and fire
fighting vehicle_ (Attachment # 7)
Ordinance appropriating an amount not to exceed $8,218,378
from the Federal Aviation Administration Grant No. 36 in the
Airport Capital Improvement Program Grants Fund No. 3020 for
the following projects: Update Airport Master Plan Study;
CITY COUNCIL
PRIORn'Y ISSUES
(Rel'er to legend aL ~e e~d 01' b'~
agenda summary)
200,.l 2O5
200,4 2O6
02o ?b4
2004
025?65
2O7
Agenda
Regular CouncilMeeting
May25,2004
Page4
10.
11_
Rehabilitate Runway 13/31, Phase 1; and acquire 1,500 gallon
aimraft rescue and fire fighting vehicle; amending F'Y2003-2004
Capital Budget to increase appropriations by $8,218,378.
(Attachment # 7)
Ordinance authorizing the City Manager or his designee to
execute a Use Agreement with P.A.L.S. Funds, Inc. relating to
construction and donation of improvements to Dan Whitworth
Park. (Attachment # 8)
First Reading Ordinance - Amending the Code of Ordinances,
Chapter 9, Aviation, Section 9-32, Trespass Upon Runways,
Ramps, Taxiways, etc; providing for chminal penalties; and
establishing an effective date. (Attachment # 9)
Ordinance amending the Code of Ordinances, City of Corpus
Chdsti, Chapter 2, Article V, Code of Ethics, Section 2-311,
Standards, Provisions for Former Employees, Subsection 21.
(Attachment # 10)
PUBLIC HEARINGS:
ZONING CASES: ~ 11'-- [~
Case No, 0304-06, Shoreline Oaks: A change of zoning from a
"-I'-IB" Manufactured Home Park Distdct and "B-4" General
Business Distdct to a "R-lC' One-family Dwelling District. The
property is in Flour Bluff and Encinal Farm and Garden Tracts,
Section 40, being 14.763 acres out of Lot 7, and being 5.509
acres out of Greentree Recreational Vehicle Park Unit 1, located
seuth of the DLvisJ~n Road extension and w~.~t af Flour Bluff
Ddve. (Attachment # 11)
Planning Commission and Staff's Recommendation: Approval
of the "R-lC' One-family Dwelling District.
CITY COUNCIL
PRIORITY ISSUES
(Re~' I~ legend at I~e efld o~ 63e
age~da summary)
25768
,5 2 5 7 6 9
Agenda
Regular Council Meeting
May 25,2004
Page 5
12.
13.
ORDINANCE
Amending the Zoning Ordinance, upon application by Shoreline
Oaks, by changing the zoning map in reference to 14.763 acres
out of Lot 7, Section 40, Flour Bluff and Encinal Farm and Garden
Tracts and 5.509 acres out of Greentree Recreational Vehicle
Park Unit 1, from "'1'-1 B" Manufactured Home Park District and "B-
4" General Business District to "R-lC' One-family Dwelling
District; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan.
Case No. 0404-06, Gene Graham: A change of zoning from a "F-
R" Farm-Rural Distdct to a "RE" Residential Estate Distiict. The
property is in Laureles Farm Tracts, being 47.963 acres out of
Sections A and 31, located between South Oso Parkway and
County Road 41 and north of Farm to Market 2444 (South
Staples Street). Attachment# 12)
Planning Commission and Staffs Recommendation: Approval of
the "RE' Residential Estate District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Gene
Graham by changing the zoning map in reference to Laureles
Farm Tracts, being 47.963 acres out of Sections A and 31 from
"F-R" Farm-Rural District to "RE' Residential Estate District;
amending the Comprehensive Plan to account for any deviations
from the existing Comprehensive Plan.
Case No. 0404-07. Staples Timbergate Associates: A change of
zoning from a "R-lB" One-family Dwelling District and 'A-l"
Apartment House Disthct to a "B-4" General Business District.
The property is in Flour Bluff and Encinal Farm and Garden
Tracts, being 7.97 acres out of Section 11, Lot 16, located at the
northeast comer of South Staples Street and County Road 26-A
(~mbergate Ddve)_ (Attachment # 13)
Planning Commission's Recommendation: Approval of the "B-4"
General Business District.
Cll'Y COUNCIL
PRIORrrY ISSUES
(Refe~ Io legeru:l at the ~ 0/
ag~da sam~na~,)
r "6770
Agenda
Regular Council Meeting
May 25, 2004
Page 6
14.
Staff's RecommendalJon: Denial of the "B-4" General Business
District, and in lieu thereof, approval of a "B-l" Neighborhood
Business District.
ORDINANCE
Amending the Zoning Ordinance, upon applicetJon by Staples
qqmbergate Associates by changing the zoning map in reference
to Flour Bluff and Encinal Farm and Garden Tracts, Section 11,
being 7.97 acres out of Lot 16 fTom "R-1 B" One-family Dwelling
Distdct and "A-l" Apafb~,ent House District to "B-4' General
Business District; amending the Comprehensive Plan to account
for any deviations from the existing Comprehensive Plan.
Case No. 0404-08, Ross and Judith Sisson: A change of zoning
from a "B-2" Bayfront Business District to an "1-2" Light Industrial
District. The property is in Flour Bluff and Encinal Farm and
Garden Tracts, Section 54, being 1.399 acres out of Lot 23 and
Gadwell Addition, Block 1, Lots 2 and 3, located on the southwest
comer of Gadwell Street and Laguna Shores Road. (Attachment
# 14)
Plannina Commission and Staff's Recommendation: Denial of
the "1-2" District, and in lieu thereof, approval of a Special Permit
for a kennel/animal rescue facili~/subject to a site plan and nine
(9) conditions.
ORDINANCE
Amending the Zoning Ordinance, upon application by Ross and
Judith Sisson, bychangingthe zoning map in refere,,ce to Flour
Bluff and Encinal Farm and Garden Tracts, Section 54, being
1.399 acres out of Lot 23 and Gadwell Addition, Block 1, Lots 2
and 3, (currently zoned "B-2" Bayfront Business District) by
granting a special permit for a kennel/animal rescue facility
subject to a site plan and nine (9) conditions; amending the
Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan.
CiTY COUNCIL
PRIORITY ISSUES
(Ret're' to lege~:l at I~e end ot Ihe
agenda s~.~,mary)
02.5772
Agenda
Regular Council Meeting
May 25, 2004
Page 7
15.
16_
Case No, 0404-09, Mvers Real Estate Companv: A change of
zoning from an 'AB' Professional Office District with a "SP"
Special Permit to a "B-l" Neighborhood Business District. The
property is in River Forest acres, Block J, Lot 28, located at the
intersection of United State Highway 77 access road and Calallen
Ddve. (Attachment# 15)
Planninq Commission and Staff's Recommendation: Approval of
the "B-l" Neighborhood Business District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Myers Real
Estate Company by changing the zoning map in reference to
River Forest Acres, Block J, Lot 28, from °AB/SP" Professional
Office District with a special permit to "B-l" Neighborhood
Business District; amending the Comprehensive Plan to account
for any deviations from the existing Comprehensive Plan.
Case No. 0404-10, Texas Cable Partners, L.P.' A change of
zoning from a "R-lB" One-family Dwelling District to a "B-l"
Neighborhood Business District. The property is in Center View
Subdivision, Block 1, Lot 2, located between Elgin Street and
Greenwood Drive. (Attachment # 16)
Planning Commission and Staffs Recommendation: Approval of
the "B-1" Neighborhood Business District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Texas
Cable Partners, L. P. by changing the zoning map in reference to
Center View Subdivision, Block 1, Lot 2, from "R-lB" Qne-family
Dwelling Distdct to "B-l" Neighborhood Business District;
amending the Comprehensive Plan to accounl for any deviations
from the existing Comprehensive Plan_
CITY COUNCIL
PRIORITY ISSUES
(Re fer Io lege~:l at ~'~9 e~:l 04 U-~e
agenda smnmary)
J. PRESENTATIONS: (NONE)
Public comment will not be solicited on Presentation items.
Agenda
Regular Council Meeting
May 25,2004
Page 8
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES;
17_
First Reading Ordinance - Enacting Article III of C~~of the
Cede of Ordinances to establish a_.~D..identl/Tcation, registration,
and enforcement pro--ted to vacant buildings and
s~viding for penal~es. (Attachment ~ 17)
SPECIAL BUDGET PRESENTATION:
18. Overview of Proposed FY 2004-2005 Operating Budget.
(Attachment # 18)
PUBLIC COMMENT FROM THE AUDIENCE ON MATFERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY '12:00 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 FORMAT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeb'ng; Lhemfom, please speak into Lhe 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~a junta y cree que su ingl~s es limitado, habr~ un int~rprete
Ingl~s-espa/1ol en la reunkSn de la junta para ayudarte.
PER ClTY COUNClL 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
(RereJ' b~ legend aL the end o~
aoeflda 8~unrnary)
Agenda
Regular Council Meeting
May 25, 2004
Page 9
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 authorfzed 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 execut~e
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.
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 c~y-rolated matters.
19. CITY MANAGER'S REPORT
20.
21.
P.
* Upcoming items
MAYOR'S UPDATE
COUNCIL AND OTHER REPORTS
ADJOURNMENT: -- ~ ' ~ ~ l,?, ,~_~
POSTING STATEMENT:
This agenda was posted on the City's official bulle~j.n board at the fron[ en~'ance
to City Hall, 1201 Leopard Street, at ~'~: 0 {~ ~.~m~Jp.m., May 21, 2004.
Armando Chapa
City Secretary ~
CITY COUNCIL
PRIORITY ISSUES
(Rei'er to legead at ~e earl o~ Itm
agenda summa'y)
Agenda
Regular Council Mee§ng
May 25,2004
Page10
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.
Sy~nbols used to highlight action item that Implement
council priority issues.
CITY COUNCIL
PRIORITY ISSUES
(Rere~ to legend at Ihe end 0t' ~e
age~:la summaP/)
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
Item Number
S. Neal
B. Chesney
J. Colmenero
M. Cooper
H. Garret't
B. Kelly
R. Kinnison
J. Noyola
Passed/Failed
CONSENT AGENDA:
May 25.2004
Page
of