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HomeMy WebLinkAboutReference Agenda City Council - 10/26/200411:45 A.M. - Proclamation declaring October, 2004 as 'National Disability Employment Awareness Month' Proclamation declaring November 6, 2004 as 'Arbor Day" Invitation to attend the Dan VVhitworth Memodal Park Dedication on Saturday, November 13, 2004 at 11:00 a.m. atthe park located on the comer of AJdine and SL Plus Ddve. Swearing-in ceremony for newly appointed Board, Commission and Committee members AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD OCTOBER 26, 2004 10:00 A.M. -- lC '. 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 ~he audience wfll be provided an oppo~'funity to address the Council at approximately 12:00 p.m. or at the end of the CouncJI Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and addras~. Your presentation will be limited to three minufas. If you have a petition or other inforrna~on pertaining to your subject, please present it to the City Secretary_ SI Usted desea diriglrse al Concilio y cme que su ingl~s es limitado, habr~ un int(~rprete ingl~s-espa/~ol en todas las juntas del Concilie para ayudarie. Persons with disabiliEes who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secreta~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 Willie Davila, Church of Reconciliation. ~ of Allegiance to the Flag of the United States. -- ["',,J ~ [ Pledge City SecretarY Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem Jesse Noyola Council Members; _ ~__~t Javier Colmenero Melody Cooper Henry Garrett Bill Kelly Rex Kinnison Mark Scott City ManagerGeorgeK~ Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Ageeda Regular Council MeeUng October 26, 2004 Page 2 CITY COUNCIL PRIORITY ISSUES (Rel'~' b~ legend al U~e end o~ U~e age~la sutural) E. MINUTES: Approval of Joint Meeting on October 12, 2004 and Regular ~'~ Meeting of October 19, 2004. (Attachment# 1) ~) ~_~/~ ~ F. BOARDS & COMMITFEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: H= For administrative convenience, certain of the agenda items ara listed as motions, rasolutions, or orclinances. If deemed appropdate, the City Council will use a different me~hod of adoption from the one listed; may flnally pass an ordinance by adopting it as an emergency measura rather than a two raading 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 reconsiderad item. CONSENT AGENDA ~ ~'~ -- (~ Notice to the Public The following items ara ora 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 protdous meeEng. All items will be acted upon by one vote w~houf being discussed separately unless requested by a CounciI Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the ilems 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 vvfll vote on all motions, resolutions and ordinances not removed for indMdual consideration) 2.~. -~'~o~uT~Or~b otn~h~zih-gthe CTty~lanager orhi-s~esrgnee~to a~ a grant from the Federal Emergency Management Agency (FNMA) in the amount of $400,000 that will provide funding for capability assessment and sustainment of the Metropolitan Medical Response System with a term extending through March 31,2006. (Attachment # 2) Agenda Regular Council Meeting October26,2004 Page 3 2,5, Ordinance appropriating $400,000 from the Federal Emergency Management Agency (FEMA) in the No. 1062 Fire Grants Fund to fund the capability assessment and sustainment identified in the Metropolitan Medical Response System grant with FEMA. (Attachment # 2) .8. Resolution aulhodzJng the City Manager or his designee to accept a grant in the amount of $15,142 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the Lone Star Libraries Grant to be used for the preservaUon and cataloging of local history materials. (Attachment # 3) Ordinance appropriating a grant in the amount of $15,142 from the Texas State Library and Archives Commission in the No. 1068 Library Grants Fund for preservation and cataloging of local history materials. (Attachment # 3) Motion authorizing the C~ Manager or his designee to execute Amendment No. 3 to the Contract for Professional Services with Urban Engineering, Inc., of Corpus Christi, Texas in the amount of $70,000 for a total restated fee of $94,550 for the St. Andrews ParldLaCosta Box Culvert Improvements. (Attachment # 4) Motion authorizing the Ci~ Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Goldston Engineering, Inc., of Corpus Christi, Texas in the amount of $91,700 fora restated fee of$114,210 fo~the Leopard~Roadside Safe~/Improvements. (Attachment # 5) %'~--;-~ (--- ~ ~ Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Alan Plummer Associates, Inc. of Fort Worth, Texas Jn the amount of $310,000 for the Greenwood Wastewater Treatment Plant 4 MGD Expansion for an Engineering Study and Stage One Report. (Attachment # 6)~--'~ Motion authorizing the City Manager or his designee to execute Change Order No. 7 to the Seawall Contract B-2B with Gunther- Nash, Inc. of St. Louis, Missoud in an amount not to exceed $120,000 for Port Avenue Concrete Repairs. (Attachment # 7) CITY COUNCIL PRIORITY ISSUES agenda s~rnary) ,.ROOF 2O04 392 Agenda Regular Council Meeting October 26, 2004 Page 4 10. 11. Motion authorizing the City Manager or his designee to execute a Computer Software Contract with E MA, Inc., of Tucson, Adzona in the amount of $440,000 for the Computerized Maintenance Management System. (Attachment # 8) I~t ~ ~ Motion authorizing the City Manager or his designee to execute a twelve-month hardware maintenance agreement with the Texas Department of Information Resources of Austin, Texas based upon the State's Cooperative Purchasing Agreement in the amount of $50,232.60. Included in the agreement is maintenance and replacement support for the Police Department's servers and operating system and interoperability software. (Attachment # 9) PRESENTATIONS: Public comment will not be solicited on Presentabbn items. Presentation by Gretchen Amold on the success of the 2004 "Conquer the Coast" bicycle ride. (Attachment # 10) PUBLIC HEARINGS: ZONING CASES: Case No. 0904-06, Kim Cox, Trustee: A change of zoning from an "A-l" Apartment House District to a "B-4" General Business District. The property is on 6.59 acres out of Tract 1 in a deed to Klm Cox, recorded as Document No. 2003039114 and being a portion of Lots 13 and 14, Section 55, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast comer of Waldron and Graham Roads. (Attachment # 11) Planning Commission and Staff's Recommendation: Approval of the "B-4' General Business District. ORDINANCE Amending the Zoning Ordinance upon application by Kim Cox by changing the zoning map in reference to 6.59 acres out of Tract 1 in a deed to Klm COx, recorded as Document No. 2003039114 and being a portion of Lots 13 and 14, Section 55, Flour Bluff and CITY COUNCIL PRIORITY ISSUES (Reft' ~ .~j~:l_ at Um end d I~e Agenda Regular Council Meeting October 26, 2004 Page 5 12. 13.a. Encinal Farm and Garden Tracts, from "A-l" Apartment House District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 0904-07. Edc Zamhouni: A change of zoning from a "R- 1 B" One-family Dwelling Distdct to a "B-1" Neighborhood Business District. The property is located in Yarbrough Addition, Lots 2 and 3, and located along Aldine Road and 600 feet south of Holly Road. (Attachment # 12) Plannin(] Commission and Staffs Recommendation: Approval of the "B-I' Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance upon application by Eric Zarghouni by changing the zoning map in reference to Yarbrough Addition, Lots 2 and 3, fi.om "R-lB" One family Dwelling District to "B-1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No, 0904-09. Robert L. and Dahlia Schulte and E. Stanton Shoemaker:. Amending the?..~7.enlh~g Ordinance upon applicatJon by Robed and Dahlia Sch~"and E. Stanton Shoema~y changing the zoning map in~.ef~rence to Lot 2, Marka.~.~3y"Estates, a.k.a. Alta Vista on the.~e~ along Ocean Ddve,~ximately 200 feet south of Hew.~t~Drive and 100 feet no~U:rlSf Alta Plaza Street (cu~[r. ently ~~ing District with a~ific Use I;~rmit for a Bed and B~ee~Kfast Home) by granti...~-a~renewal of the Specific Use Pern~-~or a Bed and Breakfa~ome; amending the Compreh~ations fi.om the existing Compr~ehehsive Plan. (Attachme~t~ 13) Planning] Commission ~l]d~aff's Recommendati a.~ial of Renewal P erm~ and Breakfast ~ ORDINANCF_~ Ame~ing the Zoning Or..di~ upon application by Robed and Dahlia Schulte and E~gt~nton Shoemaker by changing the zoning map in referenc.~ Lot 2, Markamay Estates, a.k.a. Alta Vista on CITY COUNCIL PRIORITY ISSUES agenda summaJ~) 07c, 007 Agenda Regular Council Meeting October 26, 2004 Page 6 CITY COUNCIL PRIORITY ISSUES (Re f~ [o le,gend al 63e end a" Ihe agenda summary) the Bay along Ocean Ddve, approximately 200 feet south of Hewit Ddve and 100 feet north of Alta Plaza Street (currently zoned "R- lA" One-family Dwelling Distdct with a Specific Use Permit for a Bed and Breakfast Home) by granting a renewal of the Specific Use Permit for a Bed and Breakfast Home; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan_ 13.b. Case No. 0904-10. Robert U and.Dahlia Schulta and E Stanton Shoemaker:. Amending the~oni~g Ordinance upon application by Robert and Dahlia S~bult~ and E. Stanton Shoem~y changing the zoning map~J~ference to Lot 2, Marka~na~Esta!e_s_, a.k.a. Alta Vista ~cean Ddve~13p-mximately 200 fee! sou~ ~~_la~_a Street, _from R-lA ~~~ Use Permit for a Bed ~ and Brea~ast~H~me with Special Events; _amending the CO~t for any d eviatJons~f:r, em the existing Pl~ffsJ;~comrnendation: Denial of tho request for a Bed and Brea~l~ Home with Special I=vents. ~ ORDINAlqCF o Zoning Ordinanca upon application by o and 1=. Stanton Shoemaker by chan~:u~oq~zoning nco to k°t 2, Markamay I::s~t~.~.a. Alta Vista on the Bay along Ocean Ddve. appm~i~00 feet south of Howit family Dwellin~~fic Uso Permit for a Bed and Broakf~al Events; amending tho Go~' ons~om the existing ~¢om~rehensivo Plan. K. SPECI^L CON$1DI~R~TION IIFM: {To ho considered at I:00 p.m.) 14. Consideration of~~, Inc. Inc. as tho C~u r~ser Group. (Attachment # 14) ~' Agenda Regular Council Meeting O~ober26,2004 Page 7 L. REGULAR AGENDA CONSlDERATION OFMO~ONS. RESOLUTIONS. ANDORDINANCES: 15. Ordinance amending Code of Ordinances, City of Corpus Chdsti, Chapter 55, regarding rules and _procedures for public access cablecasflng. (Attachment # 15) ~ t (~ ~ ~ PUBLIC COMMENT FROM THE AUDIENCE ON MA'I-rERS 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 mede of the meeb'ng; therefore, please speak into the micrrephone located at ~he podium and state your name and addm,~, If you have a peE~:ion or c4her information pe~falnlng to your subJecf, please present it to the City Secretary.) Si usted se dirige e la Junta y cree quo su ingl~s es limitedo, habr~ un irrt~q3rete ingl&s-espa/~ot en la reun/On de la junta para ayudade. 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 POECY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. 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 fo discuss any matters listed on the agenda, when authorized by the provisions of ~he Open Meeting Act, Chapter551 of the Texas Government Code, and that the Cify Council specifically expects to go Into executive session on the following metters. In the event ~he Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authori-zing the executive session will be publicly announced by the presiding office. CITY COUNCIL PRIORITY ISSUES (Rear lo legend at Ihe e~d el' the age, da Agenda Regular Council Meeting October 26. 2004 Page 8 16. 17. 18. 19. O. Executive session under Texas Government Code Section 551.071 regarding Channel Investments, Ltd. vs. City of Corpus Chdsti, Cause No. 04-1975-G, in the 319~h Judicial District Court, 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 acEvities of indMdual Council members and Sta~ constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activiti'es; and other brief discussions regarding city-related matters. ClTY MANAGER'S REPORT * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS ADJOURNMENT: -- POSTING STATEMENT: This agenda was posted o~ the City's oMcial bulleUn board at the front enb'ance to City Hall, 1201 Leopard Sl~ee[, at 2:15~, 2004. Armando Chapa City Secretary CITY COUNCIL PRIORITY ISSUES (R~ I~ le~ at ~'m end of the agenda s~) 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 FHday before regulaHy scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Intemst by Monday momlng. Symbols used to highlight action item that Implement council priority Issues. 16. MOTION NO_ Motion authorizing the City Manager and the City's attorneys to execute any documents required to compromise and settle Channel Investments, Ltd. vs_ City of Corpus Christi, Cause No. 04-1975-G, in the 319~' Judicial District Court, Nueces County, Texas, including the execution of a deed without warranty of the City's interest and claims to the submerged lands under the boathouse located at 2802 North Shoreline Boulevard to Channel Investments, Ltd. CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING Item Number S. Neal B. Chesney J. Colmenero M. Cooper H. Garrett B. Kelly R. Kinnison J. Noyola M. Scott Passed/Failed CONSENT AGENDA: October 26, 2004