HomeMy WebLinkAboutReference Agenda City Council - 10/19/200411:45 A.M. - Prodamafloo declaring October 21,2004 as 'Meedowbrook IBementa,w School & PTA Day'
Proclamation declaring October 17-23, 2004 aa 'YWCA Week W~hout V~eoce'
Proclamation decJaring October 18-?_2, 2004 as 'National Business Women's Week'
ProdamaUon declaring October 18-22, 2004 as "l'uloso-Mldway lSD EducalJofl Foundation Week'
ProclamatJo~ dedadng October 18-29, 2004 as 'Operation Clean Sweep"
Proctarnatlon declaring October 23-24, 2004 as 'SL Patrick's Halloween Carnival Days'
'At Your Service Award", City Staff Recognition
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
OCTOBER 19, 2004
10:00 A.M. -- {0: oH
PUBLIC NOTICE - THE USE OF CELLUI_AR 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 Mee~ng, whichever is earlier. Please speak into the microphone located at the podium and state your name
and address. Your presentation will be lirnited to three mlnutes, ff you have a petiflon or o~her inforrnatlon pertaining lo your
subject, please present it to the City Secretary.
Si Usted de.sea dldglrse al Concflio y cree qua su ingl~s es limifado, habr~ un Int~rprete Ingl~s..espaflol en lodes las Juntas
del Conclllo para ayudade.
Persons with disabili~es 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 Charles R. Graft, St. Luke's United Methodist Church.
Pledge of Allegiance to the Flag of the United States. -- ~'d J I~
City Secretary Arrnando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tern Jesse Noyola
Council Members:
Brant Chesney
Javier Colmenero
Melody Cooper
Henry Garrett ~-"'~
Bill Kelly
Rex KJnnison
Mark Scott ~.-~'
City Manager George K. Noe
City Attomey Mary Kay Fischer
Ok~ Sucretary A, mando Cnapa
Agenda
Regular Council Meeting
October 19, 2004
Page 2
E. MINUTES:
Approval of Regular Meeting of October 12, 2004. (Attachment
#1)
F. BOARDS & COMMI'I'rEE APPOINTMENTS: (NONE)
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda i~ems are listed
as motions, resolutions, or ordinances. If deemed appropdate, 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
rather 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
lest regular, or a subsequent special meeting; such agendas are
incorporeted herein for reconsideration and action on any reconsidered
item.
H. CONSENT AGENDA
Notice to the Public
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
requidng seperate discussion have been acted upon. The remaining items will
be adopted by one vote.
CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At ~his point the Council v~ll vote on all motions, resolutions and on:lin ances not
removed for individual consideration)
Motion approving supply agreements with the following
companies for the following amounts for water and wastewater
treatment chemicals in accordance with Bid Invitation No. BI-
0012-05, based on Iow bid for an estimated six month
expenditure of ,$939,930.80. The terms of the contracts will be for
six months with options to extend for up to nine additional slx-
month periods subject to the approval of the suppliers and the
Cl'l'~ COUNCIL
PRIORITY ISSUES
agenda ~)
2004 383"
Agenda
Regular Council Meeting
October19,2004
Page 3
.8,
City Manager or his designee. Funds have been budgeted by the
Water and Wastewater Departments in FY 2004-2005.
(Attachment # 2)
Altivia
Houston, Texas
Liquid Chlodne
$240,300
DPC Industries
Corpus Christi, Texas
Liquid Caustic Soda
$439,180.90
Sodium Hypochlorite Solution
$260,449.90
Total: $939,930.80
Motion approving a supply agreement with Carus Chemical Co.,
Peru, Illinois, for potassium permanganate in accordance with Bid
Invitation No. BI-0012-05, based on Iow bid for an estimated
annual expenditure of $347,287.50. The term of the contract will
be for twelve months with an option to extend for up to four
additional twelve-month pedods subject to the approval of the
supplier and the City Manager or his designee. Funds have been
budgeted by the Water Department in FY 2004-2005.
(Attachment # 2)
Grand Total (a) & (b): $1,287,218.30
Resolution authorizing the City Manager or his designeeto submit
a Grant Application in the amount of $22,000 to the Texas
Department of Public Safety, Division of Emergency
Management, Hazardous Materials Emergency Preparedness
Grant Program, for public awareness brochures, production and
broadcast of infomercials, and to conduct emergency response
ddlls, with a City match of $4,400. (Attachment # 3)
Motion authod7_Jng the City Manager or his designee to accept a
grant in the amount of $57,855 from the State of Texas, Cdminal
Justice Division for continuation funding available under the
Violence Against Women Act (VAWA) Fund and to execute all
related documents. (Attachment # 4)
CITY COUNCIL
PRIORITY ISSUES
(R~f~' b3 legend at the end d ~e
age~la summa~)
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£.
:',259a0
Agenda
Regular Council Meeting
October 19, 2004
Page 4
Ordinance appropriating $57,855 from the State of Texas,
Cdminal Justice Division in the No. 1061 Police Grants Fund for
continuation funding available under the Violence Against Women
Act (VAWA) Fund. (Attachment # 4)
Motion authorizing the City Manager or his designee to accept a
two-year grant in the amount of $207,080.92 from the United
States Department of Justice, United States Attorney's Office,
Southern Distdct of Texas, for a Project Safe Neighborhoods
Grant and to execute all related documents. (Attachment # 5)
Ordinance appropriating a grant in the amount of $207,080.92
from the United States Department of Justice, United States
Attorney's Office, Southem District of Texas for a Project Safe
Neighborhoods Grant in the No. 1061 Police Grants Fund.
(Attachment # 5)
Motion authorizing the City Manager or his designee to execute
Amendment No. 1 to the Engineering Services Contract with
Freese and Nichols, Inc., of Fort Worth, Texas in an amount not
to exceed $285,490 for Garwood Water Supply Pipeline Routing
Plan, Phase 2 services. (Attachment # 6)
Motion authodx_Jng the City Manager or his designee to execute
Amendment No. 1 to the Contract for Professional Services with
Martinez, Guy & Maybik, Inc. of Corpus Christi, Texas in the
amount of $67,800 for a total restated fee of $92,760 for Minor
Storm Drainage Improvements at the following locations:
(Attachment # 7)
Westview Ddve Drainage Improvements,
Pdncess at Cardinal Drainage Improvements,
Wood River and River Canyon Area Drainage
Improvements,
Jester/Turtle Cove Park Drainage Improvements, and
GlenoakJFIour Bluff Ddve Drainage Improvements, Phase
1.
Resolution recognizing the public necessity of acquiring fee
simple title to a tract of land containing 1,693.14 square feet out
of Lot 20, Block 1, Guth Parkside Addition, known as Parcel 1,
from the owner Jim Srp, Jr., for the construction of street
CiTY COUNCIL
PRIORITY ISSUES
(Rear ~ lege~l al ~e mx:l e~ ~he
age~da ~m~)
n25991
2 04 386
2004 387
20O4 388
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Agenda
Regular Council Meeting
O~ober19,2004
Page 5
10.a.
10.b.
11.
12.
improvements in connection with the Rand Morgan Road
(Leopard to Interstate Highway 37) Street Improvement Project
(#6241) and other municipal purposes; and authorizing
acquisition by means of negotiations or eminent domain
proceedings by the City of Corpus Chdsti in acquiring the land.
(Attachment # 8)
Resolution authorizing the Mayor or the Mayo(s designee to
execute an amendment to the Intedocal Cooperation Agreement
with Nueces County relating to the approval of plats within the
extraterritorial jurisdiction of the City of Corpus ChdstJ.
(Attachment # 9)
Motion approving the reimbursement application submitted by
King's Crossing Realty, Ltd_, owner and developer of King's
Crossing Unit 14A Subdivision located south of Yorktown
Boulevard west of Cimarron Boulevard for the installation of 1.807
linear feet of a 12-inch PVC water gdd main. (Attachment # 10)
Ordinance appropriating $53,845.68 from the Water Arterial
Transmission and Gdd Main Trust Fund No. 4030-21805-540450
to pay developer reimbursement request for the installation of
1,807 linear feet of a 12-inch PVC water gdd main to develop
King's Crossing Unit 14A Subdivision. (Attachment # 10)
Motion authorizing the City Manager to execute a Deferment
Agreement with South Texas Hotels, L.L.P., in the amount of
$82,169 for Public Improvements including an off-site 8-inch
public wastewater line and an 8-inch PVC water distribution main
improvements to Padre Island Number One, Block 35, Lot 30A in
accordance with the Platting Ordinance Section V - Required
Improvements, Subsection A.3.b). (Attachment # 11)
Ordinance authorizing the City Manager or his designee to
execute a Participation Agreement with South Texas Hotels,
L.L.P., owner and developer of Padre Island Number One, Block
35, Lot 30A for the construction of an 8-inch, overdepth sanitar~
sewer collection line along Sand Dollar Avenue. Gaviota Drive
and Octal Ddve, in accordance with the Platting Ordinance, not
to exceed $56,908 for the City's share of cesta of the
improvements. (Attachment# 12)
CITY COUNCIL
PRIORFFY ISSUES
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age~da surr~ary)
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2004 39O
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Agenda
Regular Council Meeting
October 19, 2004
Page 6
13.
14.
15.
g
16.
First Reading Ordinance - Amending the Code of Ordinances,
Section 53-254, Schedule V, Increase of State Speed Limit in
Certain Zones, and Schedule VI, Decrease o1: State Speed Limit
in Certain Zones, by modifying the limits of speed zones and
establishing transition speed zones in the inbound and outbound
directions of International Ddve between the existing 45 miles per
hour speed zones near State Highway 44 and the existing slower
speed zones of 15 and 20 miles per hour near the parldng lots
and the terminal; and providing for penalties. (Attachment # 13)
Second Reading Ordinance - Author[zing the City Manager or his
designee to execute a five year Lease and Use Agreement with
Corpus Christi Softball Association ("Lessee") for use of City
property (Greenwood Softball Complex) for Lessee's softball
program and in consideration of Lessee maintaining the premises
and improvements. (First Reading 9/21/04)) (Attachment # 14)
Second Reading Ordinance -Authorizing the City Manager or his
designee to execute a five year Lease and Use Agreement with
South Texas Youth Football League, Inc. ("Lessee") for use of
City property (Bill Witt Park) for Lessee's Pop Warner Football
program and in consideration of Lessee maintaining the premises
and improvements_ (First Reading 9/21/04) (Attachment # 15)
PUBLIC HEARINGS;
ZONING CASES:
Case No. 0904-01, Mostaghasi Investment Trusts: A change of
zoning from a "R-lB" One-family Dwelling District to a "B-l"
Neighborhood Business Disb-ict and "R-2" Multiple Dwelling
District. The property is 5 acres out of Flour Bluff and Encinal
Farm and Garden Tracts, Section 10, Lots 12 and 13, located
along the north side of Yorktown Road and 1,000 feet east of
South Staples Street. (Attachment # 16)
Plannin(~ Commission's Recommendation: Approval of/he "R-2"
Multiple Dwelling Distdct on Tract 1, and denial of the "B-l"
District on Tract 2, and in lieu thereof, approval of a "B-lA"
Neighborhood Business District_
CITY COUNCIL
PRIORrT'Y ISSUES
(Re~' ~ legend at fl'~e end ot I~
agenda summary)
Agenda
Regular Council Meeting
October19,2004
Page 7
17.
Staff's Recommendation: Approval of the "B--1" Neighborhood
Business Distdct and "R-2' Multiple Dwelling Dis[rict.
ORDINANCE
Amending the Zoning Ordinance, upon application by Mostaghasi
Investment Trusts by changing the zoning map in reference to
five (5) acres out of Flour Bluff and Encinal Farm and Garden
Tracts, Section 10, Lots 12 and 13, from "R-lB" One-family
Dwelling Distdct to Tract 1 - "R-2" Multiple Dwelling Distdct and
Tract 2 - "B-lA" Neighborhood Business District; amending the
Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan.
Case No. 090402, Kyle S. Williams: A.c, hange of zoning from
a "R-1 B" One-family Dwelling Distinct to a B-3" Business District.
The property is on five~cres out of southwe~s~:o~-er of
Survey No. 416, Abs~r-a"ct 838 and southwest_~,~'r~r of a 100-acre
tract recorded i~V~lume 314, Page 53;I-of'the Deed Records of
Nueces C.o..u~,. _exT. as,.a.l.so r~co~_ ~'in Volume 321, Page 349
of the..De6d Records of NueCes County, Texas, Io~ted on the
eas~.sqde of Rand M~ergan Road and 600 feet s~:rtffof McNorton
Road. (Atta~13ment# 17) ~
Plarmifi~ Commission and Staff% Recommendation; Denial of
th~'"B-3" Business Disarm, and in lieu thereof, approval of a "B-1"
Distdct with a ~ Permit for a mini-storage facility subject to
five (5) co~lt-~ons.
ORDINANCE
Amending the Zoning Ordinance, upon application b~..y._Eyle S.
Williams, by chan~3~j~al-~ Zoning map in~P..~gh-ce to r=ve (5)
acres out o.~.-th~southwest_come_r~j~rvey No. 416: A_ b~tract
838~3Rd~~rner o~ acre tract re~r~led4nVolume
314, Page 5~a,~~D~.ee~d~e._co~s
of Nueces~.,ou~j~rrently zoned "R-lB" One-family
Dw~e~'~g Special Permit for a~_mJDL-sterage
use subject to five (5) conditions; amen~~omprehensive
Plan to a.CC°unt for an~L~de~]Jons from the existing
Comprehensive Plan<.,~
CITY COUNCIL
PRIORITY ISSUES
(Re~r to lege~:l atthe end ~/he
agenda summary)
Agenda
Regular Council Meeting
October19,2004
Page 8
18.
19.
Case No. 0904-03. CMS Construction Services. LLC: A change
of zoning from a "R-lB' One-family Dwelling Distdct to an "AT"
Apartment Toudst District. The property is in Padre island,
Section E, Block 2, Lots 3, 4, 14, 15, and 18, located west of
Leeward Ddve, east of Aruba Drive, and south of Running Light
Ddve. (Attachment # 18)
Planninq Commission and Staffs Recommendation: Approval
of an "AT' Apartment Toudst District.
ORDINANCE
Amending the Zoning Ordinance, upon application by CMS
Construction Services by changing the zoning map in reference
to Padre Island, Section E, Block 2, Lots 3, 4, 14, 15, and 18,
from "R-lB" One-family Dwelling Distdct to "AT- Apartment
Tourist District; amending the Comprehensive Plan to account for
any deviations from the existing Comprehensive Plan.
Case No. 0904-05. The Coves at Lago Vista: A change of
zoning from a "F-R' Farm-Rural Distdct and "RE" Residential
Estate Distdct to a "PA' One-family Dwelling District. The
property is on 130.52 acres out of Laureles Farm Tracts, Section
31 and 32, located south of Farm to Market Road 2,!.-!.-!. and east
of King Trail. (Attachment # 19)
Plannincl Commission and Staffs Recommendation: Denial of
"PA' One-family Dwelling District, and in lieu thereof, approval of
a Special Permit for half acre single-family residential lets subject
to 21 conditions.
ORDINANCE
Amending the Zoning Ordinance, upon application by the Coves
at Lago Vista by changing the zoning map in reference to 130.52
acres out of Laureles Farm Tracts, Section 31 and 32, (currently
zoned "F-R' Farm Rural Disthct) by granting a Special Permit for
half-acre single-family residential lots subject to twenty-one (21)
conditions; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan.
CITY COUNCIL
PRIORITY ISSUES
(Reft' to legend at the end of the
agenda summary)
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Agenda
Regular Council Meeting
October 19, 2004
Page 9
CITY COUNCIL
PRIORITY ISSUES
(Rear I~ legend at ale end of ~
agenda surnma~y)
J=
pRESENTATIONS:
Public comment will not be solicited on Presentation items.
20.
Presentation of a plan by Michael Manjarris to locate a Sculpture
Garden in the Watergarden area. (Attachment # 20)
21. Presentation of Fourth Quarter FY
BudgetJPerformance Report. (Attachment # 21)
22. Fourth Quarter Presentation of the Health
Management Fund. (Attachment # 22)
2003-2004
Benefits/Risk
REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
23.
Motion authorizing the City Manager or his designee to execute
a contract with Seth Vandable for the design, fabrication,
installation and purchase of a sculpture, "For the Love of the
Game" in the amount of $150,000 as pad of the Percent for Art
Program associated with the Whataburger Baseball Stadium
Project. (Attachment # 23)
2O04 39 !
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PUBLIC COMMENT FROM THE AUDIENCE ON MATI'ERS
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 YOUPLAN
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; ~herefore, p/ease speak into the microphone
located at ~he podium and state your name and address. If you have a pegtion
or other information pertaining to your subjecf, p,~a~e present it to the City
Secretary.)
SI usted se dirige a la junta y cree que su Ingl&s es limitedo, habr~ un int&rprete
ingl~s..espa~1ol en la reunion de la junta para ayudade.
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
Agenda
Regular Council MeelJng
October 19, 2004
Page 10
24_
25.
26.
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 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 execut~e
session on the foflowing matters. In the event the Council elects to go
into execu~/e 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 officer.
Executive session under Texas Government Code Section
551.071 regarding Tomas Duran vs. City of Corpus Christi, et al.,
C.A. No. 04-500-CV, in United States District Court, Southem
District of Texas, Corpus Christi Division, with possible discussion
and action related thereto in open session.
Executive session under Texas Government Code Section
551.071 regarding Yehuda Azoulay vs. Ch'y of Corpus Christi,
Cause No. 0d-~, 180-D, in the District Court, 105"~ Judicial DisLrict,
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 informatfon or reports
from Staff; reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by med/a; follow-up on Staff
assignments; scheduling of futura Council meetings and activities; and
other brief discussions regarding city-related matters.
CI'T'YMANAGER'S REPORT
* Upcoming Items
CITY COUNCIL
PRIORITY ISSUES
(Rear lo lege~:l a[ the e~:l oi' the
agenda summa~)
27. MAYOR'S UPDATE
Agenda
Regular Council Meeting
October19,2004
Page11
28.
O.
COUNCIL AND OTHER REPORTS
ADJOURNMENT: -- -~
POSTING STATEMENT:
This agenda was posted on Ihe Ci~s official bulleUn board at Ihe front entrance
to..-,Cll;y Hall, 1201 Leopard Street, at I'.OO p.m.,
~D,g/ IT ,2004,
Arrnando Chapa
City Secretary ~
CITY COUNCIL
PRIORITY ISSUES
(Refer Io legend al ~e end of Uqe
agenda summary)
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. Iftechnlcal
problems occur, the agenda will be uploaded on the
Internet by Monday morning.
Symbols used to highlight action Item that Implement
council pfloflty Issues.
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
October 19, 2004
Item Number
S. Neal
B. Chesney
J. Colmenero
M. Cooper
H. Garrett
B. Kelly
R. Kinnison
J. Noyola
M. Scott
Passed/Failed
CONSENT AGENDA:
Page I
of I