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HomeMy WebLinkAboutReference Agenda City Council - 03/29/2005 . . 11 :45 a.m. . Proclamation declaring March 28 . April 3, 2005 as "National Community Development Week" Proclamation declaring April 3-9, 2005 as "National Boys & Girls Club Week" ProcIamallon declaring Aprfl4-10, 2005 as" Public Health Week 2005" ProcIamallon declaring the month of March as "Cesar Chavez Month" ProcIamallon declaring the month of March as "American Red Cross Month" Proclamallon declaring the month of April as "Sexual Assault Awareness Month" ProclamaUon declaring "Selena. A Day of Remembrance" CommendaUons . Clowns Who Care Commendations. Texas A&M University. Corpus Christi Islanders Basketball Teams (Men and Women> AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD MARCH 29, 2005 10:00 A.M. 10 ct.M. 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 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 ear/ier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dlrlgirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espallol en todas las juntas del Concilio para ayudar/e. 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. B. Invocation to be given by Pastor Damon Reider, Wesley United Methodist Church. 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. Mayor Pro Tem Bill Kelly ~ v Council Members: Brent Chesney Javier Colmenero Melody Cooper Henry Garrett Rex Kinnison Jesse Noyola Mark Scott v-- V" V- v V-' ~> City Manager George K. Noe City Attomey Mary Kay Fischer City Secretary Armando Chapa v v V ~ Agenda Regular Council Meeting March 29, 2005 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end II the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of March 22, 2005. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) 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 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 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 fumished 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 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 all motions, resolutions and ordinances not removed for individual consideration) 2. Motion approving the purchase of three heavy trucks in accordance with Bid Invitation No. BI-0063-05 from the following companies for the following amounts based on low bid for a total amount of $168,365.85. All three units are replacements. Funding is available from the FY 2004-2005 Capital Outlay Budget in the Maintenance Services Fund. (Requires 2/3 Council Vote) (Attachment # 2) 2005103 , Agenda Regular Council Meeting March 29, 2005 Page 3 FleetPride International Corpus Christi. TX 1 Unit $76,221.85 Champion Ford Corpus Christi. TX 2 Units $92,144 Grand Total: $168,365.85 3. Motion approving the purchase of a forensic comparison macroscope from Meyer Instruments, Inc., of Houston, Texas in accordance with Bid Invitation No. BI-0083-05, based on only bid for a total amount of $79,315. This equipment will be used by the Police Department. Funding is available from the Project Safe Neighborhood Police Grant. (Requires 2/3 Council Vote) (Attachment # 3) 4. Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $12,413 to the State of Texas, Office of the Governor, Criminal Justice Division for the Juvenile Accountability Incentive Block Grant Program to reduce juvenile delinquency, improve the juvenile Justice system, and increase accountability of juvenile offenders, with the City match of $1 ,379 in the No. 1020 General Fund, a total project costs of $13,792. (Attachment # 4) 5.a. Resolution authorizing the City Manager or his designee to accept a grant in the amount of $69,538 from the Federal Emergency Management Agency (FEMA) for the purchase of industrial firefighting equipment and specialized training. (Attachment # 5) 5.b. Ordinance appropriating $69,538 from the Federal Emergency Management Agency's Assistance to Firefighters Grant Program for industrial firefighting equipment and specialized training in the No. 1062 Fire Grants Fund. (Requires 2/3 Council Vote) (Attachment # 5) 6.a. Resolution authorizing the City Manager or his designee to accept a Clean Cities Grant from the State Energy Conservation Office in the amount of $17,500 for development of a Clean Cities Program and related services. (Attachment # 6) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end d the agenda summary) 2005 104 0261.82 0261.83 0261.84 026185 ' Agenda Regular Council Meeting March 29, 2005 Page 4 6.b. Ordinance appropriating $17,500 from the State Energy Conservation Office in the No. 1071 Community Enrichment Grants Fund for development of a Clean Cities Program and related services. (Requires 2/3 Council Vote) (Attachment # 6) 7. Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the Contract for Professional Services with Martinez, Guy & Maybik, of Corpus Christi, Texas in the amount of $118,608 for a total restated fee of $289,621 for the Water Main Improvements: Leopard Street and Third Street project. (Requires 2/3 Council Vote) (Attachment # 7) 8. Motion authorizing the City Manager to execute a Deferment Agreement with Shaws Development Joint Venture, of Corpus Christi, Texas in the amount of $34,823.68 for the construction of public concrete sidewalks along Goodnight Loving Trail, Chisolm Trail and Gallop Trail within the Northwest Crossing Unit 4 subdivision located south of Leopard Street, west of Rand Morgan Road, in accordance with the Platting Ordinance Section V-Required Improvements, Subsection A.3.(b). (Requires 2/3 Council Vote) (Attachment # 8) 9. Motion authorizing the City Manager to execute a Deferment Agreement with Mr. Armando Ortiz (Developer), in the amount of $148,470 for public improvements including street pavement, curb, gutter and sidewalks, sanitary and storm sewer lines and water main to serve Industrial Technology Park Unit 2 subdivision, in accordance with the Platting Ordinance Section V-Required Improvements, Subsection A.3.(b). (Requires 2/3 Council Vote) (Attachment # 9) 10.a. Motion approving the Water Distribution Grid Main Construction and Reimbursement Agreement submitted by Baybreeze Development, L.P., owner and developer of Monte Verde at Terra Mar Unit 1 subdivision located east ofthe future extension of Ennis Joslin Road south of Holly Road for the installation of 1,090 linear feet of a 12- inch PVC water distribution grid main. (Requires 2/3 Council Vote) (Attachment # 10) 10.b. Ordinance appropriating $61,683.50 from the Water Arterial Transmission and Grid Main Trust Fund No. 4030-540450 to pay developer reimbursement request for the installation of 1,090 linear CITY COUNCIL PRIORITY ISSUES (Refer 10 legend at !he end of the agenda summary) 026186 2005 105 2005 106 2005 107 2005 108 026187 Agenda Regular Council Meeting March 29, 2005 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend al the end of the agenda summary) feet of a 12-inch PVC water distribution grid main to develop Monte Verde at Terra Mar Unit 1. (Requires 2/3 Council Vote) (Attachment # 10) 11. First Reading Ordinance - Amending Section 10-86, Code of Ordinances, City of Corpus Christi, and the Corpus Christi, Texas, Dune Protection and Beach Access Regulations to adopt the City of Corpus Christi Beach User Fee Plan; increasing the beach parking permit fees; providing for penalties. (Attachment # 11) 12. Second Reading Ordinance - Approving the FY 2005 Capital Budget in the amount of $178,074,800. (First Reading 3/22/05) (Attachment # 12) I. PRESENTATIONS: Public comment will not be solicited on Presentation items. 026188 13. Update on Buc Days 2005 (Attachment # 13) 14. Second Quarter Report of the Health Benefits/Risk Management Fund (Attachment # 14) J. PUBLIC HEARINGS: 15.a. Public hearing to consider abandoning and vacating an 81,172- square foot portion of an undeveloped and unsurfaced 60 foot wide dedicated public right-of-way out of Lots 5 and 12, Section 5, Range VIII, Gugenheim and Cohn's Farm Lots (intersecting with the southern portion ofthe Junior Beck Drive right-of-way, south of Bear Lane). (Attachment # 15) 15.b. Ordinance abandoning and vacating an 81, 172-square foot portion of an undeveloped and unsurfaced 60 foot wide dedicated public right-of-way out of Lots 5 and 12, Section 5, Range VIII, Gugenheim and Cohn's Farm Lots (intersecting with the southern portion of the Junior Beck Drive right-of-way, south of Bear Lane);subject to owner's compliance with the specified conditions. (Attachment # 15) ZONING CASES: 02R189 16. Case No. 0205-01. Advanced Housing Altematives Corooration: A change of zoning from a "R-2" Multiple Dwelling District to an . A-2" Agenda Regular Council Meeting March 29, 2005 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end 01 the agenda summary) Apartment House District. The property is in Woodlawn Subdivision, Block 2, Lots 8A and 88, located along the southeast comer of Mueller Street and Erwin Avenue. (Requires 2/3 Council Vote) (Attachment # 16) Plannina Commission and Staffs Recommendation: Approval of the "A-2" Apartment House District. ORDINANCE 02fl190 Amending the Zoning Ordinance, upon application by Advanced Housing Alternatives Corporation by changing the zoning map in reference to the Woodlawn Subdivision, Block 2, Lots 8A and 8B from "R-2" Multiple Dwelling District to "A-2" Apartment House Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 17. Case No. 0205-02. Kiko's Restaurant: A change of zoning from a II '^^ n..",1 n^/ "R-1B/SP" One-family Dwelling District-Special Permit and "AB" \)./J V\..UVVUV'''-../ Professional Office District to a "B-1" Neighborhood Business District. The property is in Gardendale Subdivision, Block 3, Lots 3 and 18, located east of Everhart Road and north of Cain Drive and south of Bonner Drive. (Requires 2/3 Council Vote) (Attachment # 17) Plannina Commission and Staffs Recommendation: Denial of the "8-1" Neighborhood Business District, and in lieu thereof, approval of a new Special Permit on Lot 3 and a Special Permit on Lot 18, subject to eight (8) conditions. Amending the Restaurant by 02R191 Af'A.e",d ~ m' ,. 0 ~ .' .-(' '-- _ 4- Agenda Regular Council Meeting March 29, 2005 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 18. Case No. 0205-03. Steven Krol: A change of zoning from a "R-1 B" One-family Dwelling District to a "B-1" Neighborhood Business District, resulting in a land use change from low-density residential to a neighborhood business in Alameda Park Subdivision, Block 6, Lot 22, located along the northeast corner of Everhart Road and Harry Street. (Requires 2/3 Council Vote) (Attachment # 18) Plannina Commission and Staffs Recommendation: Denial of the "B-1" Neighborhood Business District, and in lieu thereof, approval of an "AB" Professional Office District. ORDINANCE 02f)192 Amending the Zoning Ordinance, upon application by Steven Krol by changing the zoning map in reference to the Alameda Park Subdivision, Block 6, Lot 22 from "R-1 B" One-family Dwelling District to "AB" Professional Office District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 19. Case No. 0205-04. BL Real Estate Holdina Comoanv: A change of zoning from a "R-1 C" One-family Dwelling Districtto a "B-2" Bayfront Business District on Tract 1 and "R-1 C" One-family Dwelling District to an "AT" Apartment Tourist District on Tract 2. The property is in Tyler Subdivision, Block 1, Lots 2 and 12, and Block 2, Tract C, located east of Laguna Shores Drive, north of WyndaJe Drive and Claudia Street. (Requires 2/3 Council Vote) (Attachment # 19) Planning Commission and Staffs Recommendation: TRACT 1: Denial of the "B-2" Bayfront Business District on Tract 1, and in lieu thereof, approval of a Special Permit for an event center subject to eight (8) conditions and site plan. TRACT 2: Approval of the "AT" Apartment-Tourist District on Tract 2. ORDINANCE 02h19~ Amending the Zoning Ordinance, upon application by BL Holding Company by changing the zoning map in reference to the Tyler Subdivision, Block 1, Lots 2 and 12 referred to as Tract 1, and Tyler Subdivision, Block 2, Tract C referred to as Tract 2, (currently zoned "R-1 C" One-family Dwelling District) by granting a Special Permit for an event center subject to eight (8) conditions and site plan for Tract Agenda Regular Council Meeting March 29, 2005 Page 8 \ CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1 and by changing the zoning on Tract 2 from "R-1C" One-family Dwelling District to "AT" Apartment Tourist; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. K. REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES: 20. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Maverick Engineering, Inc., of Corpus Christi, Texas in the amount of $187,266 for the Corpus Christi Intemational Airport Industrial Park, Phase 1 (Access Road and Utilities). (Requires 2/3 Council Vote) (Attachment # 20) 2005 109 L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS 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. /F YOU PLAN 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; therefore. please speak into the 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 dlrlge a la junta y cree que su ing/es es limitado, habra un interprete ing/~-espaflol en la reuni6n de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERA TE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC A T ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. M. 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 Agenda Regular Council Meeting March 29, 2005 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Open Meeting Act, Chapter 551 of the Texas Govemment 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 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. 21. W \ ~ rv..LNV\ N. 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 concems; 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. 22. LEGISLATIVE UPDATE: Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 79th Texas Legislature. 23. CITY MANAGER'S REPORT . Upcoming Items 24. MAYOR'S UPDATE 25. COUNCIL AND OTHER REPORTS O. ADJOURNMENT: l~:LT1 \ Agenda Regular Council Meeting March 29, 2005 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend al the end of the agenda summary) POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance ~~~ Hall, 12?;J <eopard Street, at a: 2>0 p.m., (l..tV'"'(! h , 2005. {llfLlV\ardo ~CJ Armando Chapa ~ City Secretary 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. Symbols used to highlight action item that implement council priority Issues. "'tJ l>> (Q CD ~- o .... ,. -: 3: c.... 1/)' ;:0 lD :J: l/)enZ" . ll8.s!:i.~Q _ := 0 :::l = e: ~ iij(jj.'<ia (i) g:= c. ~ !- lD (') (') (-, o 0 ::T o 3 CD '0 CD I/) CD _ :::l .. - CD CD '< o en - . .. Z CD CD 3 !!!. 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