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HomeMy WebLinkAboutReference Agenda City Council - 11/09/200410:00 A.M. - PresentaUon o[ the Distinguished Legislative Service Award 2003--2004 from the Texas Municipal League to State Representative Vilma Luna 11:45 A.M. - Proclamation dec~a,'lng November 9, 2004 as 'Texas Recycles Day' Proclamation dectadng November 14, 2004 as 'CROP WALK Day' Proclamation declaring the month o[ November as "National Epilepsy Awareness Month' Recognitio~ of Award of Excellence [or Public Sa[e['y h'om the Texas Municipal League to the Corpus ChrlsU Police Athletic League (CC-PAL) Recognition of/he Southside Rotary "Unsung Heroes Award" RecJpienls RecognlBon o[ Cedificeta ol~ Apprecia6on from the Texas Department of Health for 50 years ot Participation in a Fluoridation Program AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD NOVEMBER 9, 2004 10:00A.M. ~-' lC ~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 Meeting, whichever Is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentaUon wi#be limited to three minutes. If you have a petitJon or other inforrnation pertaining to your subject, please present it to ~he City Secretary. Si Usted desea dlrtgirse al Concilio y cree qua su ingl~s es limitado, habr~ un int&rprete ingl~s-espaftol en tedas las juntas del Concilio pare ayudarle. Persons with dIsabilities who plan to attend this meeting and who may need auxiliary aids or services am requested to contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that approprtale arrangements can be made. Mayor Samuel L. Neal, Jr. to call the meeting to order. Invocation to be given by Paa~r BQb Floronce, Faith Tomplo. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr, J Mayor Pro Tem Jesse Noyola ~ Council Members: Brent Chesne,~ Javler Colmenero Melody Cooper Henry Garrett Bill Kelly Rex Klnnison Mark Scott City Manager George K. Noe City Attomey Mary Kay Fischer City Secretary Armando Chapa Agenda Regular Council Meeting November 9, 2004 Page 2 E. MINUTES: Approval of Regular Meeting of October 26, 2004. (Attachment #4) F. BOARDS & COMMrl-rEE APPOINTMENTS: (Attachment # 2) Citizens Advisory Health Board Corpus Christi Convention and Visitors Bureau Board Landmark Commission Library Board Weed and Seed Steedng Committee 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 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 meeting; such agendas are incorporated 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 un/ess requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for indivldual consideration in its normal sequence after the 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 ail motlons, resolutions and orcilnences not removed for Individual cons,~eretJon) CITY COUNCIL PRIORITY ISSUES (Rei'er I~ legend at It~e e~d of bhe age,da summary) Agenda Regular Council Meeting November9,2004 Page 3 Motion approving a supply agreement with Quad rant Productions, Corpus Chdsti, Texas for Video Productions Services, in accordance with Request for Proposal No. BI-0087-04, for an estimated annual expenditure of $30,000. 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. This service will be utilized by the Public Information Department. (Attachment # 3) Motion approving a supply agreement with Alpha Building Services, Corpus Chdsti, Texas for custodial service for the main police building in accordance with Bid Invitation No. BI-0073-04, based on most advantageous bid for an estimated annual expenditure of $65,503.20. The term of the contract is 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 have been budgeted by the Police Department in FY 2004--2005. (Attachment # 4) Motion approving a supply agreement with the following companies for the following amounts for mowing of Water Production Facilities in accordance with Bid Invitation No. BI- 0005-05 based on Iow bid for an estimated annual expenditure of $151,296. The term of the contracts will be for twelve months with an option to extend for up to two additional twelve-month pedods subject to the approval of the contractors and the City Manager or his designee. Funds have been budgeted by the Water Department in FY 2004-2005. (Attachment # 5) Laguna Services, Inc. Corpus Christi, Texas Group I $61,206 Sierra Services Slnton. Texas Group II $90,090 CITY COUNCIL PRIORI'I'Y ISSUES (Refer [o ~ege~d at the end o~ agenda summa~,) 2004 399 2004 400 Grand Total: $151,296 Agenda Regular Council Meeting November9,2004 Page 4 .8. Motion approving a supply agreement with Marlin Marietta Materials, Corpus Christi, Texas for Flexible Base Caliche in accordance with Bid Invitation No. B1-0002-05, based on Iow bid for a total amount of $212,250. The term of the contract 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. (Attachment # 6) Motion approving the purchase of 450 pistols and accessories from the following companies for the following amounts in accordance with Bid Invitation No. BI-0015-05, based on Iow bid for a total amount of $266,955.02. The equipment will be issued to police officers of the Corpus Chdsti Police Department. Funds are available in the Police Law Enforcement Trust Fund. (Attachment # 7) OMB Police Supply Lenexa, Kansas $191,000 GT Distributors, Inc. Austin, Texas $75,965.02 Grand Total: $266,955.02 Motion authorizing the City Manager or his designee to enter into an Intedocal Agreement between the City of Corpus Chdsti Police Department and the City of Dallas Intemet Cdmes Against Children Task Force under the Intemet Crimes Against Children (ICAC) Task Force Program, United States Department of Justice, and to execute all related documents. (Attachment # 8) Ordinance appropriating $25,000 from the City of Dallas in the No. 1061 Police Grants Fund for the Intemet Cdmes Against Children (ICAC) Task Force Program. (Attachment # 8) Resolution authorizing the City Manager or his designee to accept a grant from the Texas Commission of the Arts in the amount of $2,296 in the No. 1067 Federal/State Grants Fund to be used for Jhe C~rpus ChdsfiFestival of the Ads 2004. (Attachment # 9) Ordinance appropriating a grant from the Texas Commission of the Arts in the amount of $2,296 in the No. 1067 Federal/State Grants Fund for the Corpus ChdstJ Festival of the Arts 2004. (Attachment # 9) CITY COUNCIL PRIORITY ISSUES (Rei'er to legend at 6qe end of bhe agenda summary) 403 200 Agenda Regular Council Meeting November9,2004 Page 5 lO.a. 10.b. 10.c_ 11.a. 11.b. 11.c. 12. Resolution authorizing the City Manager or his designee to accept $27,322 from a Texas Commission on Environmental Quality Pre- Approved Expenditure Grant in the No. 1071 Grant Fund to provide funding for Mitigation Measures at the old Regional Transportation Authority facility, 1024 Sam Rankin. (Attachment # 10) Ordinance appropriating $27,322 from a Texas Commission on Environmental Quality pre-approved expenditure grant in the No. 1071 Grant Fund to provide funding for Mitigation Measures at the old Regional Transportation Authority Facility, 1024 Sam Rankin. (Attachment # 10) Motion authorizing the City Manager or his designee to execute Amendment No. 11 with Delta Environmental, Inc., of Corpus Chdsti, Texas in the amount of $28,122 for Mitigation Services associated with a removed underground fuel storage tank at the old Regional Transportation Authority Facile, 1024 Sam Rankin. (Attachment # 10) Motion authorizing the City Manager or his designee to execute a contract with the Center for Coastal Studies, Texas A&M University - Corpus Chdsti not to exceed $111,000 for Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project 2004-2005. (Attachment # 11) Motion authorizing the City Manager or his designee to execute a contract with the Division of Nearshore Research, Texas A&M University - Corpus Chdsti not to exceed $104,550 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2004-2005. (Attachment # 11) Motion authorizing the City Manager or his designee to execute a contract with the University of Texas Madne Sciences Institute in an amount not to exceed $228,296 for Biological Monitoring Services associated with the Rincon Bayou Diversion Project 2004-2005. (Attachment # 11) Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with John H. Kelly, Sr. in the amount of $171,712 plus $2,000 in closing costs for the purchase of fee simple property dghts for Parcel 8D-2, being 59.211 acres CITY COUNCIL pRIORITY ISSUES (Reft' {o legend a[ t~e eod of ~e agenda summary) 02f;012 02R012 405 200 200 ,. Agenda Regular Council Meeting November 9, 2004 Page 6 13. 14. 15. 16. 17. 18.a. out of Tract No. 8, Margaret Kelly Land, located south of the Corpus Chdsti International Airport (CCIA) between County Roads 2292 and 763 in connection with the Corpus Chdsti Intemational Airport Expansion Project (#1023) and for other municipal purposes. (Attachment # 12) Motion authorizing the City Manager or his designee to execute Change Order No. 3 to the contract with Garver Construction, Ltd., of Houston, Texas in the amount of $290,357.69 for the Bond Issue 2000 Street Resudacing Project #C-4 on Up River Road (IH 37 to Leopard Street). (Attachment # 13) Motion authorizing the City Manager or his designee to execute a Construction Weld Inspection and Testing Contract with Base Line Data, Inc., of Portland, Texas in an amount not to exceed $105,560 for the Southside Water Transmission Main Phase 4 and 4A project. (Attachment # 14) Motion authorizing the City Manager or his designee to execute Change Order No. 12 for the American Bank Center Arena in the amount of $250,489 with Fulton Coastcon, Joint Venture, of Corpus Chdsti, Texas for vadous architectural, electrical, mechanical and structural modifications. (Attachment # 15) Ordinance authorizing the City's Director of Engineering Services or his designee to implement a traffic management plan in the Bayfront Arts and Science Park and surrounding area, including the modification of traffic regulations, as needed dudng special events at the American Bank Center for a period of up to 120 days. (Attachment# 16) Motion authorizing the City Manager to execute an Amended and Restated Parking Area Lease between the Port of Corpus ChdstJ Authority of Nueces County, Texas, Corpus Christi Baseball Club, L.P., and the City of Corpus Christi. (Attachment # 17) Mc~t~o~n au~odzing the City Manager or his designee to approve the Seagull Park improvement plan as presented. (Attachment # 18) CITY COUNCIL PRIORITY ISSUES (Refer Lo legefld at Ihe end o~ U~ aoenda sun'~m a,~) 2U04 4, 1 0 2004 411 02 014 Agenda Regular Council Meeting November 9, 2004 Page 7 18.b. 19. 20. 21. 22. 23. Motion authorizing the City Manager or his designee to accept "Joumey's End", a sculpture from Kent UIIberg, for display at Seagull Park on Padre Island. (Attachment # 18) Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects. (Attachment # 19) Ordinance designating the portions of Highway United States 181 within the City of Corpus Chdsti as the Remember Pead Harbor Memodal Parkway and directing the posting of appropriate signage. (Attachment # 20) First Reading Ordinance Amending the City Code of Ordinances, City of Corpus Chdsti, Chapter 17, Finance and Taxation, Section 17-1.2, Service Charge for Returned Checks, by increasing said fee from $25.00 to $30.00; providing for an effective date of December 1,2004. (Attachment # 21) First Reading Ordinance - Amending the Code of Ordinances, Section 53-254, Schedule V, Increase of state speed limit in certain zones, by establishing a school zone on Kostoryz Road: (Attachment # 22) A 25 mile per hour school speed zone on Kostoryz Road, when lights are flashing, for a distance of 400 feet, from a point 200 feet north of the centedine of Masterson Ddve to 200 feet south of the centedine of Masterson Ddve; and providing for penalties. Second Reading Ordinance - Amending the Code of Ordinances, Section 53-254, Schedule V, Increase of State Speed Limit in Certain Zones, and Schedule VI, Decrease of 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 Drive between the existing 45 miles per hour speed zones near Stata Highway 44 and the existing slower speed zones of !5 and 2.0 raJles per hour near the parking lots and the terminal; and providing for penalties. (First Reading 10/19/04) (Attachment # 23) CITY COUNCIL PRIORITY ISSUES (Reh~r ~o legend al Ihe end ~' Ihe agenda summary) Agenda Regular Council Meeting November9,2004 Page 8 24. 25.a. 25.b. 26. PRESENTATIONS: Public comment will not be solicited on Presentation items. Corpus Chdsti Regional Economic Development Corporation Quarterly Report. (Attachment # 24) PUBLIC HEARINGS: Public headng to consider abandoning and vacating a 43,654.61- square foot portion of an undeveloped and unsurfaced 40-foot wide dedicated public right-of-way out of Lots 6 and 7, Section 26 and Lots 26 and 27, Section 27, Flour Bluff and Encinal Farm and Garden Tracts (south of the Oso Parkway and east and west of the Quebec Ddve/Oso Parkway intersection). (Attachment # 25) Ordinance abandoning and vacating a 43,654.61-square foot portion of an undeveloped and unsurfaced 40-foot wide dedicated public right-of-way out of Lots 6 and 7, Section 26, and Lots 26 and 27, Section 27, Flour Bluff and Encinal Farm and Garden Tracts (south of the Oso Parkway and east and west of the Quebec Ddve/Oso Parkway intersection); subject to compliance with the specified conditions. (Attachment # 25) t>~--/ ~,.'~ $ ZONING CASES: Case No. 0904-02, Kyle S. Williams; A change of zoning from a "R-1 B" One-family Dwelling District to a "B-3" Business District. The property is on five (5) acres out of southwest comer of Survey No. 416, Abstract 838 and southwest comer of a lO0-acre tract recorded in Volume 314, Page 531 of the Deed Records of Nueces County, Texas, also recorded in Volume 321, Page 349 of the Deed Records of Nueces County, Texas, located on the east side of Rand Morgan Road and 600 feet south of McNorton Road. (TABLED OCTOBER 19, 2004) (Attachment # 26) Planning Commission and Staff's Recommendation: Denial of the "B-3" Business District, and in lieu thereof, approval of a 'B-1" Dlstdct with a Special Permit for a mini-storage facility subject to five (5) conditions. CITY COUNCIL PRIORITY ISSUES (Reft' lo legend at file end o~ agenda summary) Agenda Regular Council Meeting November9,2004 Page 9 ORDINANCE Amending the Zoning Ordinance, upon application by Kyle S. Williams, by changing the zoning map in reference to five (5) acres out of the southwest comer of Survey No. 416, Abstract 838 and southwest comer of a 100 acre tract recorded in Volume 314, Page 531 and Volume 321, Page 349 of the Deed Records of Nueces County, Texas, (currenUy zoned "R-1 B" One-family Dwelling District) by granting a Special Permit for a mini-storage use subject to a site plan and five (5) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 27. Motion authorizing the Ci[y Manager or his designee to execute a construction contract with CCC Universal Constructors, LLC, of San Antonio, Texas in the amount of $10,280,518.48 for the Seawall Reconstruction Project, Contract C ~ Peoples Street to Cooper's Alley (Madna Reach). (Attachment # 27) [-~ ~ CL 28. Resolution opposing the permitting of additional landfills within the City of Corpus Christi, City of Corpus Chdsfi's extraterritorial jurisdiction, and Coastal Bend Region as long as sufficient permitted landfill capacity is available at existing and permitted landfills. (Attachment # 28) 29.a. 29.b. Ordinance amending the License Agreement dated December 16, 2003, between the City of Corpus Chdsti and Gulfferra Energy Partners, L.P. (Attachment # 29) Second Re~id~Ordinance -A~3~nding Chapter 49 o~ Corpus.?_~l' n~sti (~;ode of~h'dlh~nces by adopfi~ Article VII and..~,~Ynendlng Art~;le'lV~~ida~ to the requirement tb'~t all p~~d~jht~-ofw- ay and i~j)...G~ty-ow~j~ed ~)rope '~ licensed~or--'~n'-e~vise au '~by.J~"~City; es/t.~hing pro~s for the ap~3J~n for~3Rd~ranting~ lidenses~_.~0r the u~seef~C'rty rig h~ay and Cl¥owned propeJ~y auth~ed and.--ul~authorized pipelines; providing..fo~protec~'f'C'~f-way and City- CITY COUNCIL PRIORITY ISSUES (Refer to legend at Ihe end o[ ageada summary) Agenda Regular Council Meeting November 9, 2004 Page 10 M= owned properties a~i~rests; re~rving the City's~TJaims f~ pdor occupati~rr~f public pr.~rty by pipeline, provid~for related m.53tte'~~s__relat~d4~ the sub~jec~ matter of thi~s..~5~e date~p~ovJding for pe~a3ties~atiop~l~ civil reg3e~ies. (First Reading~]~/12./04) (Att.,~ment 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 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; themfora, please speak inlo the microphone located at the podium and state your name and address. If you have a petition or other Informa~on perfainlng to your subject, please present it to the City Secretary.) SI usted se didge a la junta y cree que su ingl~$ es limitado, habr~ un int~rprete ingl~s..espa/~ol en la reunion de la junta para ayudarfe. 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 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 executtve 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. CITY COUNCIL PRIORITY ISSUES (Rei'er t~ Isgend at It~ end ~ Ih~ agenda sum~) Agenda Regular CouncilMeefing November9,2004 Page11 30. 31. Executive session under Texas Govemment Code Section 551.071 to receive advice from the Cib/'s attorneys about the City's standing to challenge potential new landfills in the region, with possible discussion and action related thereto in open session. Executive session under Texas Government Code Section 551.071 for consultation with attorney regarding the use of public rights-of-way and property by pipelines, grants of dghts therein, fees therefore, and related matters, with possible discussion and action related thereto in open session. REPORTS: The following reports include questions by Council to Staff regarding City policies or acth/ities; request by Council for information or reports from Staff; reporfs 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. 32. CITY MANAGER'S REPORT 33. 34. O. * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS ADJOURNMENT: -- "~ ' ~G ~.~ POSTING STATEMENT: This agenda was posted on Ihe Cily's official bulletin board at bhe front entrance tq , City Hall, 1201 Leopard Street, at "~-~" O(~ p.m., Armando Chapa City Secretary CITY COUNCIL PRIORITY ISSUES (Refer Lo legend al. Ule end o~ agenda summary) Agenda Regular Council Meeting November 9, 2004 Page 12 NOTE: The City Council Agenda can be found on the City's Home Page at www. cctexa$.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 f= legend al. the end a' the agenda summary) CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING November 9, 2004 Item Number S. Neal B. Chesney J. Colmenero M. Cooper H. Garrett B. Kelly R. Kinnison J. Noyola M. Scoff Passed/Failed CONSENT AGENDA: Page of ~ 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 November 9, 2004