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HomeMy WebLinkAboutReference Agenda City Council - 12/14/200411:45 A.M. - ConvnendatJons I=or Annapolis Chdsfian Academy, Six-Man State Champions, Texas Chrls~n A~hlelJc League Commendation for S,Tnnne Ransleben, Teacher at Mary Carroll High Schoc; - 2004 Ail USA Teacher Team - O~e of USA Today's Top 20 USA Teachers AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 120'1 LEOPARD DECEMBER 14, 2004 10:00 A.M. -~ l© '.© PUBUC 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 wi# be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of b~e Council Meeffng, whichever is eerlier. Please speak into the microphone located at the podium end state your name and addra~s. Your prasentaEon will be limited to three minutes, ff you have a petJfJon or o~her intorma~ pertaining to your subject, please present it to the City Secretary. SI Usted desea dlrigirse al Concilio y cree que su IngMs es limliado, habr~ un int~rprate ingl~s-espat~ol en todas las juntas del ConciRo para ayudarie. Persons v,4~h disebilYdes who plan to attend this meeting and who may need auxiliary aids or services ara requested to contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangernents can be made. Invocation to be given by Pastor Napoleon Johnson, Faith Mission. Pledge of Allegiance to the Flag of the United States. City Secretary Armando Chapa to call the roll of the r,equired Charter Officers. Mayor Samuel L. Neal. Jr. Mayor Pm Tem Jesse Noyola Council Members: Brent Chesney ~.~ - Javier Colmenero ~.-- ~ Melody Cooper ~ HenrY Garrett ~ Bill Kelly ~ Rex Klnnison ~-~ Mark Scott ~ City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa MINUTES: Approval of Regular Meeting of November 16. 2004. (Attachment # 1) ~'-/~C Agenda Regular Council Meeting December14,2004 Page 2 F. BOARDS & COMMI'rl'EE APPOINTMENTS: (Attachment # 2) Arts and Cultural Commission Coastal Bend Council of Govemments Corpus Christi Regional Economic Development Corporation Ethics Commission Museum of Science and History Advisory Committee North Padre Island Development Corporation Oil and Gas Advisory Committee Port of Corpus Chdsfi Authority G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motlons, resolutions, or ordinances, ff deemed appropdate, the City Council will use a different method of adoptk:m from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a b4/o reading ordinance; or rnay 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 incorporeted herein for reconsideretion and aciion on any reconsidered REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES: First Reading Ordinance - Amending the Code o[ Ordinances, Section 23-74, Smoking Prohibitions, Subsection (b)(1)(e), by revising the language; and establishing an effective date. (Attachment # 3) Resolution adopting the City of Corpus Chdsti's Legislative Program for the Seventy-Ninth Legislative Session I=or the State of Texas. (Attachment # 4) Second Reading Ordinance - Amending the Code of Ordinances, Chapter 6, Animal Control by renaming the chapter, redeslgnating existing Articles III, IV, V, and VI as Articles, V, VI, VII, and VIII, CITY COUNCIL PRIORITY ISSUES (Refer ~ legend al the end ciqhe agecda sunxnary) 02g045 02R046 Agenda Regular Council Meeting December 14, 2004 Page 3 respectively; creating new Articles III and IV; renaming Articles I and II, redesignating certain sections; revising the language o[the chapter;, providing for penalties. (First Reading 11/16/04) (Attachment # 5) I. CONSENT AGENDA Notice to the Public ~c~ (~ ~ ~-~ The followfng items are of a mutine or administrative natum. The Council has been furnished wit~ 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 ciU-zen, in which event the item or items will immediately be withdrawn forindivtdual consideration in its normal sequence afterthe 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 PREVlOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual conslderagon) Motion approving a supply agreement for testing and calibrating of automatic external defibrillators for the Fire Department-EMS, with Medtronic Physio-Control Corporation, Redmond. Washington. based on sole source, for an estimated annual expenditure of $35,356. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Fire Department in FY 2004-2005. (Attachment # 6) Motion approving the purchase of one aircraft rescue and fire fighting vehicle from Emergency One. Inc., Ocala, Florida, in accordance with Bid Invitation No. BI-0023-05. based on Iow bid for a total amount of $541.627. This vehicle will be used by the Aviation Department for fire suppression and crash rescue at the Corpus ChrisU International Airport. Funding is available from the Airport Capital Improvement Program Grant and Reserve Funds. (Attachment # 7) CITY COUNCIL PRIORITY ISSUES age,"~a summary) 434 2004 435 Agenda Regular Council Meeting December 14, 2004 Page 4 10. 11. 12.a. 12.b. Motion approving the purchase of 33 police package sedans in accordance with Bid Invitation No. BI-0033-05 from Access Ford LTD, Corpus Christi, Texas based on Iow bid for a total amount of $704,154. All units are replacements_ Funding is available from the FY 2004-2005 Capital Outiay Budget in ~he Maintenance Services Fund. (Attachment # 8) Motion approving the purchase of 440 water meters from Badger Meter, Inc., Milwaukee, Wisconsin, in accordance with Bid Invitation No. BI-0038-05 based on Iow bid for a total amount of $25,828. The meters will be used by the Water Department. Funds have been budgeted by the Water Department in FY 2004- 2005. (Attachment# 9) Ordinance appropriating $4,200.17 in interest earnings from the unreserved fund balance in the No. 1061-820896 Law Enforcement Block Grant 1996 gran[ fund. appropriating $448.62 in interest earnings from the unreserved fund balance in the No. 1061-820897 Law Enforcement Block 1997 grant fund, appropriating $2,311.96 in interest earnings from the unreserved fund balance in the No. 1061-820802 Law Enforcement Block Grant 2002 grant fund, and appropriating $1,510.84 in interest earnings from the unreserved fund balance in the No. 1061- 820803 Law Enforcement Block Grant 2003 grant fund for police law enforcement equipment. (Attachment # 10) Motion approving the purchase of a bullet recovery system from Cybemational, Inc., Murfreesboro, Tennessee, in accordance with Bid Invitation No. BI-O026-05 based on only bid for a total amount of $47,596. The equipment will be used by the Police Department. Funding is available from the Law Enforcement Block Grant. (Attachment # 11) Resolution authorizing the City Manager or his designee to accept a grant from the State Homeland Security Grant Program in the amount of $156,807 to improve the City's ability to respond to Homeland Security issues in the No. 1062 Fire Grants Fund. (Attachment # 12) Ordinance appropriating $144,824 from the State Homeland Security Grant Program in Fire Grants Fund No. 1062 for purchase of 43 handheld radios. (Attachment # 12) CITY COUNCIL PRIORI'I'Y ISSUES aOenda mJmrnary) 2004 436 02g047 2004 438 Agenda RegularCouncil Meeting December14,2004 Page 5 13. 14.a. 14.b. 15.a. 15.b. 16.a. 16.b. Resolution authorizing the City Manager or his designee to execute a Memorandum of Understanding between the City of Corpus Christi, Nueces County, the Regional Transportation Authority, the Port Indusbies of Corpus Christi (PICC), and the Port of Corpus Christi Authority of Nueces County, Texas (POCCA) to establish terms for the upgrade of the 800 Mhz public safety trunked radio system, to establish responsibilities and to allow PICC and POCCA to participate in the 800 Mhz public safety bunked radio system. (Attachment # 13) Resolution authorizing the City Manager or his designee to accept a grant from the Texas Department of State Health Services (DSHS) in the amount of $109,526 for the elimination and control of tubemulosis in Nueces County. (Attachment # 14) Ordinance appropriating a grant from the Texas Department of State Health Services (DSHS) in the amount of $109,526 in the No. 1066 Health Grants Fund for the elimination and control of tuberculosis in Nueces County. (Attachment # 14) Resolution authorizing the City Manager or his designee to accept an additional Title V grant lt'om the Texas Department of State Health Services (DSHS) in the amount of $162,305 for maternal- child health services. (Attachment # 15) Ordinance appropriating an additional grant from the Texas Department of State Health Services (DSHS) in the amount of $162,305 in the No. 1066 Health Grants Fund for maternal-child health services. (Attachment # 15) Motion adopting the timetable for the FY2005 Consolidated Annual Action Plan that is the planning and application process for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grants (ESG) programs. (Attachment # 16) Resolution amending Council Policy No. 9, entitled Community Development Block Grant Program, by revising the title and language to include the Home Program; adding language relating to the disposition of program income; and reaffirming the objectives and guidelines of the policy. (Attachment # 16) CITY COUNCIL PRIORITY ISSUES age~m summary) 0,,6050 c 2g052 2 053 02g054 2004 026055 Agenda Regular Council Meeting December 14, 2004 Page 6 17. 18.a. 18.b. 18.C. 19. 20. 21. Resolution authorizing the Cib] Manager or his designee to accept a cash distribution from the Anita Neyiand Trust, established under the W.T. Neyland Last Will and Testament, on behalf of the City of Corpus Chdslt Library. The Library is the beneficiary of 25% of the Trust. (Attachment # 17) Motion authorizing the City Manager or his designee to accept a grant in the amount of $749,201 from the Area Agency on Aging of the Coastal Bend for the FY2004 Senior Community Services, Elderly Nutrition Program in the No. 1067 Park and Recreation Grants Fund. (Attachment # 18) Ordinance appropriating a grant in the amount of $749,201 from the Area Agency on Aging of the Coastal Bend for the FY2004 Senior Community Services, Eldedy Nutrition Program in the No. 1067 Park and Recreation Grants Fund. (Attachment # 18) 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 2005 Elderly Nutrition Program. (Attachment # 18) Ordinance appropriating a $7,500 sub-contract grant from the Chamber of Commerce Foundation in the No. 1067 Park and Recreation Grants Fund for data collection and analysis activities at the Juvenile Assessment Center. (Attachment # 19) Resolution authorizing the City Manager or his designee to execute an Intedocal Cooperation Agreement with Texas A&M University-Kingsville in the amount of $450,000 for an air quality research and planning program, which includes air quality menitodng and modeling projects, and development of an emissions inventory for the Nueces and San Patdcio Counties area. (Attachment # 20) Resolution recognizing the public necessity of acquiring drainage easements for the Mary Carroll Channel Widening - Rodd Field Road to Oso Creek, Project #2047, for drainage purposes in connection with said project, and other municipal purposes; and auttmrizing acquisition by means of negotia~ns or eminent domain proceedings by the City of Corpus Christi In acquiring the easements. (Attachment # 21) C I'I'Y COUNCIL PRIORITY ISSUES ageada a26o56 2004 440 n26ns? 2004 441 026058 02Rn60 Agenda Regular Council Meeting December 14, 2004 Page 7 22. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Maverick Engineering, Inc., of Corpus Christi, Texas in the amount of $44,573 for a total restated fee o[ $69,549 for the McKinzie RoadUtllity Relocation Project. (Attachment # 22) 23.a. Resolution expressing official intent to reimburse cosLs of the Marina Improvements Project. (Attachment # 23) 23.b. 23.c. 23.d. 24,a. Ordinance appropriating $450,998 from the Marina Fund No. 4700 Unreserved Fund Balance for the Madna Development Project - Peoples Street T-Head (Floating Docks 'E', 'F', "G", Commercial Dock) and Boater's Facility/Restroom; amending Operating Budget adopted by Ordinance No. 025878 by Increasing appropriations by $450,998. (Attachment # 23) Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Shiner, Moseley and Associates, Inc. of Corpus Chdsti, Texas in the amount of $405,130 for the Marina Development Project - Peoples Street T- Head (Floating Docks "E", 'F", 'G', Commercial Dock) and Boater's Facllity/Restroom. (Attachment # 23) MoUon authorizing the City Manager or his designee to execute a Contract for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Fugro Consultants, LP, of Houston, Texas in the amount of $45,868 for the Marina Development Project - Peoples Street T-Head (Floating Docks "E', 'F', 'G", Commercial Dock) and Boaters Facility/Restroom. (Attachment # 23) Ordinance appropriating $314,450 from the unappropriated interest earnings from Choke Canyon Fund 4050, reserved for Choke Canyon Maintenance Account 251400; transferring to and appropriating in Water Capital Improvement Program Fund 4080 for the Choke Canyon Dam improvement Project; amending Capital Budget adopted by Ordinance No. 025547 and OperaUng Budget adopted by Ordinance No. 025878 by increasing appropriations by $314,450 each. (Attachment # 24) CITY COUNCIL PRIORn'¥ ISSUES (Reda' i~ legaxl al I~e end o~ Ille 2004 42 o n61 02R062 2004 443 200 02 063 Agenda Regular Council Meeting December 14, 2004 Page 8 24.b. 25. 26. 27. 28. 29. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Freese & Nichols. Inc., of Austin, Texas in the amount of $314,450 for a restated fee of $496,032 for the Choke Canyon Dam Improvement Project. (Attachment # 24) Motion authorizing the City Manager or his designee to execute a construction conl]'act with Ramos Industries, Inc., of Pasadena, Texas in the amount of $2,696,266 [or the Downtown Drainage Improvements, Phase I - Part "A". Water Street New Interceptors and Inlets. (Attachment # 25) Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the consl~uction contract with Ramos Industries, Inc., of Pasadena, Texas in the amount of $179,356.13 for a total restated fee of $1,934,740.13 for the Water Main Improvements Elizabeth StreetJ19th Street Project for the 12-inch water main replacement on Santa Fe from Elizabeth to Ayem. (Attachment # 26) Motion authorizing the City Manager or his designee to execute a Reimbursement Agreement with AT&T in the estimated amount of $26,900 for adjustment of communication and data lines to permit construction of a proposed drainage culvert on Farm-to- Market Road 70 to serve the future development of Cefe Valenzuela Landfill. (Attachment# 27) Motion authorizing the City Manager or his designee to execute Change Order No. 2 with Geograph Industries, Inc., of Harrison, Ohio, in an amount not to exceed $52,674 for the Corpus Christi Multi-Purpose Arena and Convention Center Wayfinding Signage Package. (Attachment # 28) Motion authorizing the City Manager or his designee to issue payment for the City share of Change Order No. 5 to the Texas Department of Transportation for the bridge rehabilitation on the Cayo Del Oso Bridge on Ocean Drive (closest to the Naval Air Station) at a cost to the City not to exceed $26,006.25. (Attachment # 29) CITY COUNCIL PRIORITY ISSUES (Rm%' to legend at ~e end ~ b'~e agenda summary) 2004 h 2004 446 b/c--he.-,/' 2004 447 200z .449 200 :- ' Agenda Regular Council Meeting December 14, 2004 Page 9 30. 31. 32.a. 32.b. 33.a. 33.b. Motion authorizing and directing the City Manager or his designee to take ~hose acUons necessary to negotiate a Texas Military Value Revolving Loan with the Texas Public Finance Authority to assist in the financing of certain projects directiy assisting the local military facilities and initiatives and to publish such notices as may be necessary. (Attachment # 30) Ordinance authorizing the City Manager to appoint a local health authority and execute a compensation agreement for the protection of the public health, safety, and welfare. (Attachment #31) Motion approving the Transmission and Grid Main Construction and Reimbursement Agreement submitted by Kings Crossing Church of Chdst, owner and developer of King's Crossing Unit 13, Lot lA, Block 2 located on the south side of Yorktown Boulevard between South Staples and Cimarron Boulevard for the installation of 245 linear feet of a 12-inch PVC water gdd main. (Attachment # 32) Ordinance appropriating $10,959.63 from the Water Arterial Transmission and Gdd Main Trust Fund No. 4030-540450 to pay developer reimbursement request for the installation of 245 linear feet of a 12-inch PVC water gdd main to develop King's Crossing Unit 13, Lot lA, Block 2. (Attachment # 32) Motion approving the Sanitary Sewer Construction and Reimbursement Agreement submitted by Hogan Development Company, L.P., owner and developer of Los Vientos at Terra Mar Unit 1 Subdivision located south of Wooldddge Road, west of Cayo Del Oso for the installation of 161 linear feet, over-size, over-depth, 15-Inch PVC and 400 linear feet, over-size, over- depth, 12-inch PVC sanitary sewer collection lines along Wooldridge Road within the limits of the subdivision. (Attachment # 33) Ordinance appropriating $11,929.51 from the Sanitary Sewer Collection Line Trust Fund No. 4220-540450 to pay Hogan Development Company, L.P., for the installation of 161 linear feet, over-size, over-depth, 15-inch PVC and 400 linear feet, over- CITY COUNCIL PRIORITY ISSUES (Ra~' le legend at Ihe e~l of Ihe 2004 451 -$ n2 n6 h 02F;OGG Agenda Regular Council Meeting December 14, 2004 Page 10 35. 36.a. 36.b. size, over-depth, 12-inch PVC sanitary sewer collection lines along Wooldridge Road within the limits of the subdivision as specified in the Sanitary Sewer Construction and Reimbursement Agreement to develop Los Vientos at Terra Mar Unit 1 subdivision. (Attachment # 33) Motion approving the Transmission and Grid Main ConsthJction and Reimbursement Agreement submitted by Hogan Development Company, L.P., owner and developer of Los Vientos at Terra Mar Unit I subdivision located south of Wooldridge Road, west of Cayo Del Oso for the installation of 610 linear feet of a 12-inch PVC water grid main. (Attachment # 34) Ordinance appropriating $11,034.38 from the Water Arterial Transmission and Grid Main Trust Fund No. 4030-540450 to pay developer reimbursement request for the installation of 610 linear feet of a 12-inch PVC water grid main to develop Los Vientos at Terra Mar Unit 1 subdivision. (Attachment # 34) Second Reading Ordinance-Amending the Zoning Ordinance by amending Section 3-1.55, Sign, by revising the deflnil~on of a sign to no longer exclude a device or structure located within a building. (First Reading 11/16/04) (Attachment # 35) PUBLIC HEARINGS; Public hearing to consider abandoning and vacating a 11,741- square foot portion of the Laguna Shores Road public right-of- way, extending approximately 296 linear feet southeast of Wyndale Drive out of Tract 'AR", Tyler Subdivision, between Wyndale Drive and a dead-end to Laguna Madre, (Attachment # 36) Ordinance abandoning and vacating a 11,741-square foot portion of the Laguna Shores read public right-of-way, extending approximately 296 linear feet southeast of Wyndale Ddve out of Tract 'AR", Tyler Subdivision; subject to owner's compliance with the specified conditions. (Attachment # 36) CITY COUNCIL PRIORITY ISSUES (Refer k) le,gend at the e~:l ~ the 2004 454 02 069 Agenda Regular Council Meeting December 14, 2004 Page 11 36.c. 36.d. 37. 38. Public hearing to consider abandoning and vacating a 4,308- square foot portion of the Wyndale Drive public right-of-way, extending approxJmately 431 linear feet northeast of Laguna Shores Road out of Tract 'AR', Tyler Subdivision, between Laguna Shores Road and Spring Lane. (Attachment # 36) Ordinance abandoning and vacating a 4,308-square foot portion of the Wyndale Drive public right-of-way, extending approximately 431 linear feet northeast of Laguna Shores Road out of Tract 'AR', Tyler Subdivision; subject to owner's compliance with the specified conditions. (Attachment # 36) ZONING CASES: Case No, 1004-06. Ronald N. Voss: A change of zoning from a 'R-lB' One-family Dwelling Distdct to a 'RE' Residential Estate District, located along the south side of Glenoak Drive, approximately 500 feet west of St. Peter Street. (Attachment # 37) Planning Commission and Staffs Recommendation: Approval of the 'RE" Residential Estate District. ORDINANCE Amending the Zoning Ordinance, upon application by Ronald A. Voss by changing the zoning map in reference to 18.21 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 50, Lot 3, from 'R-lB' One-family Dwelling District to'RE" Residential Estates District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 1004-07. Murray Architects: A change of zoning from an 'AB' Professional Office District to a 'B-l" Neighborhood Business District. The property is located north of Agnes Street and between South Tancahua and South Carancahua Streets. (Attachment # 38) Planninq Commission and Staff's Recommendation: Approval of the 'B-I' Neighborhood Business District. CITY COUNCIL PRIORITY ISSUES (Re~r to lege~l at Ihe end ~' Ihe age~a ~mmary) 02 071 Agenda Regular Council Meeting December 14, 2004 Page 12 39. ORDINANCE Amending the Zoning Ordinance, upon application by Murray Architects by changing the zoning map In reference to Brayton Addition, Block 2, Lots 3, 4, 5, 6, and 7, Chapman Addition, Block 2, Lot 1, from 'AB" Professional Office District to 'B-I' Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 1004-09. Henr~ Tucker: A change of zoning from a 'F-R" Farm-Rural District to a 'R-lB' One-family Dwelling District, a "R-lC' One-family Dwelling District, and a 'B-4" General Business District. The property is located 136.73 acres out of Mclntyre Partition of the Mariano Lopez de Hen'em Grant. Tract 4, Abstract 606, Nueces County, Texas, as described in Warranty Deed, Volume 2210, Page 748, Deed Records of Nueces County, Texas, located south of Northwest Boulevard and west of Farm- to-Market Road 1889. (Attachment # 39) Planning Commission and Sta[f's Recommendation: Approval of the 'R-1B' One-family Dwelling District on Tract 1, approval of the 'R-lC' One-family Dwelling District on Tract 2, and denial of the 'B-4" General Business District and in lieu thereof, approval of the "B-1" Neighborhood Business District on Tract 3. ORDINANCE Amending the Zoning Ordinance, upon application by Henry Tucker by changing the zoning map in reference to 136.73 acres out of Mclntyre Partition of the Mariano Lopez de HefTem Grant, Tract 4, Abstract 606, Nueces County. Texas as described in Warranty Deed, Volume 2210, Page 748, Deed Records of Nueces county, Texas, from "FR' Farm Rural District to Tract 1 - 'R-1B' One-family Dwelling District, Tract 2 - 'R-lC' One-family Dwelling District, and Tract 3 - 'B-l" Neighborhood Business District; amending the comprehensive Plan to account for any deviations from the existing Comprehensive Plan. CFI'~COUNCIL PRIORFI'YISSUES (P, efer ~ legead at ~ end ~ ~ age~da summa'y) Agenda Regular Council Meeting December 14, 2004 Page 13 40. K= Case No, 1004-10, Esoarza Pest Control: A change of zoning from an 'A-l" Apartment House District to a 'B-4" General Business Dlsb'ict. The property is located in the South Park Subdivision, Block 2, Lot 1, located northeast of South Padre Island access road and Anthony Street intersection. (Attachment # 40) Planning Commission and Staff's Recommendation: Denial of the "B-4" General Business District and in lieu thereof, approval of a 'B-I' Neighborhood Business Disthct. ORDINANCE Amending the Zoning Ordinance, upon application by Esparza Pest Control by changing the zoning map in reference to South Park Subdivision, I~o~_~>,~.,,~[~3m 'A-l" Apartment House Distdct to 'B._~ ~=~efle~m- uusmess District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. PRESENTATIONS: Public comment will not be solicited on Presentation items. 16t~ Annual 'A Feast of Sharing" Holiday Dinner. (Attachment #41) 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 ENO 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 oft, he rnee~lng; ~herefom, please speak into the m/crophone Iocated at the podium and staie your name and address, ff you have a paiJCon or other Information pertaining to your subject, please present it to the City Secretary_) SI usted se dldve a la junta y c. me que su ingle es Ilmitado, habca un tnt~rprete Ing~s-espaflol en la reunion de la Junta para ayudade. CITY COUNCIL PRIORITY ISSUES (~ef~' f~ ie~ al the e~:l o~ tf~ agenda 02 074 Agenda Regular Council Meeting December 14, 2004 Page 14 42. 43. 45. 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 t/me du#ng the meeting in order to discuss any matters listed on the agenda, when authorized by ~he provisions of the Open Meeting Act, Chapter 551 of the Texas Government Cede, and that the City Council specifically expects to go into executive session on the following ma~ters. In the event the Council elects to go into execUtive session raga~ding an agenda item, the section or sections of the Open Meetings Act authorizing the execu~ve session wilt be publ~Jy announced by ~he presiding office. Executive session under Texas Govemment Code Section 551.071 regarding Cause No. 04-06556-A, City of Corpus Christi, Texas vs. Air LIquide America, L.P., et al. in the Disthct Court of Nueces County, Texas,. 28~' Judicial District, with possible discussion and action related thereto in open session. Executive session under Texas Government Code Section 551.071 .regarding Public Utility Commission of Texas Docket No. 28840 Application of AEP Texas Central Company for Authority to Change Rates, with possible discussion and action related thereto in open session. Executive session under Texas Government Code Section 551.071 regarding Cause No. 01-5049-G, Thomas Hudgins vs. City of Corpus Christi, et al, in the 319~ District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. Executive session under Texas Government Code Section 551.071 regarding Cause No. C-04-110, Bobby Wayne Ballard vs. City of Coq3us Christi, et al, in the United Slates District Court for the Southern District of Texas, Corpus Christi Division, with possible discussion and action related thereto in open session. CITY COUNCIL PRIORITY ISSUES (Ref~ I~ le~e~d at the a,".:l of the agenda s~mrna,'y) n2 n75 004 R6 Agenda Regular Coundl Meeting December14,2004 Page 15 46. Executive session under Texas Government Code Section 551.071 for consultation with attorney regarding the use of public rights-of-way end property by pipelines, grants of rights 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 C/b/poi/c/es or ac~,,ft/es; request by Council for information or mpods from Staff;, reporfs of acfJvifles of individual Council members and Staff;, constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of fufure Council meetings and activities; and ot~er brief discussions regarding cfly-mlated matters. 47. CITY MANAGER'S REPORT 48. 49. O. * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS ADJOURNMENT: POSTING STATEMENT: This agenda was ix~ted o~ the City's offlcl~d bulleUn board at the front entrance ity Hall, t201 Leopard Sl:reet, at ~"~:)O p.m., ,-.~r,,~ Ioe~ lO ,2004. Armando Chapa City Secretary ~ CITY COUNCIL PRIORITY ISSUES (Re~' t= le~a~l at I~e end ~' Ihe age~a s~ary) 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 uploeded on the Intemet by Monday morning. Symbols used to highlight action Item that Implement council priority Issues. 42.a. MOTION Motion authorizing the City Manager, subject to certification of funds, to execute a Legal Services Agreement with Jan Rehler, Gary, Thomasson, Hall & Marks, P.C., to provide legal advice relating to fees for use of the City's rights-of-way, utility easements, and other City properties by pipeline companies; represent the City in implementation of the ordinance; and take action to collect any fees due the City. 42.b. ORDINANCE NO. Appropriating $15,000 from the No. 3160 City Hall CIP fund for legal services related to pipelines in the city's rights-of-way, utility easements, and facilities; and declaring an emergency. MOTION NO. [ i~ .... , ,, , Motion authorizing the City Manager to settle Cause No. 01-5049-G; Thomas Hudgins v. City of Corpus Christi et al, in the 3194 District Court, Nueces County, Texas, for the sum of $112,500.00, subject to certification of funds. 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 December 14, 2004 Page '~ of CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING December 16, 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 / of