HomeMy WebLinkAboutReference Agenda City Council - 04/12/2005
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AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL. COUNCIL CHAMBERS
1201 LEOPARD
APRIL 12, 2005
1 :00 P.M. - I' t'<: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.
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Members of the audience will be provided an opportunity to address the Council at the end of the Council Meeting. 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.
"i Usted desea dirigirse al Concilio y cree que su Ingles es limitado, habra un interprete ingles-espanol en todas las juntas del
'(Icilio para ayudarle.
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.
Mayor Elect Henry Garrett to call the meeting to order. ~'
B.
Invocation to be given by Pastor Robert Lim, Abiding Savior Lutheran Church. ~
Pledge of Allegiance to the Flag of the United States.- C7--r I €.+t--
C.
D.
City Secretary Armando Chapa to call the roll of the newly elected Councilmembers.
E.
Swearing-in ceremony of new Council Members to be conducted by The Honorable
J. Manuel Banales, 10S'h Judicial District Court. .....--- /'- LL. V
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Incoming Councilmember speeches. ( h &'\e.~ ::,L"
(Recess for Short Reception) (,00 I' e-./' -::::
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(Reconvene Regular Council Meeting)
Selection of Mayor Pro Tem. ,- C~..yyc(.~
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.,jenda
Regular Council Meeting
April 12, 2005
Page 2
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend althe end of the
agenda summary)
H. BOARDS & COMMITTEE APPOINTMENTS: (NONE)
I. 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.
CONSENT AGENDA -W I - 1\
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, andlor 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)
1.a. Resolution authorizing the City Manager or designee to accept a grant in
the amount of $12,587 from the Texas State Library and Archives
Commission and to execute a contract and all related documents as part
of the Bill and Melinda Gates Foundation "Staying Connected" program for
the purchase of ten computers for the Central Library and the Greenwood
Branch Library. (Attachment # 1 )
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agenda summary)
Ordinance appropriating $12,587 from the Texas State Library and
Archives Commission in the NO.1 068 Library Grants Fund for the purchase
often computers for the Central Library and the Greenwood Branch Library
as part of the Bill and Melinda Gates Foundation "Staying Connected"
program. (Attachment # 1)
Ordinance appropriating $6,293.33 from the Corpus Christi Public Library
Foundation in the NO.1 068 Library Grants Fund as matching funds for the
purchase of ten computers for the Central Library and the Greenwood
Branch Library as part of the Bill and Melinda Gates Foundation "Staying
Connected" program. (Attachment # 1)
Ordinance appropriating $207,000 from the estimated program income
revenue in the No. 1066 Health Grants Fund as State Fiscal Year 2004-
2005 program income to fund the Breast and Cervical Cancer Control
Program, Immunization Services, and Family Planning Services for the
period of September 1,2004 through August 31,2005. (Attachment # 2)
3.a. Motion authorizing the City Manager or his designee to acceptthe Summer
Food Service Program Grant from the Texas Health and Human Services
Commission to provide summer lunches and snacks to citizens ages one
to eighteen years at summer youth recreation programs throughout the
community. (Attachment # 3)
3.b.
3.c.
3J,
Ordinance appropriating a grant in the amount of $416,840 in the NO.1 067
Park and Recreation Grant Fund from the Texas Health and Human
Services Commission to operate a Summer Food Service Program for
Summer Recreation Program participants ages one to eighteen years.
(Attachment # 3)
Resolution authorizing the City Manager or his designee to execute an
Interlocal Cooperation Agreement with the Corpus Christi Independent
School District to provide summer food services for summer recreation.
(Attachment # 3)
Resolution authorizing the City Manager or his designee to execute an
Interlocal Cooperation Agreement with the Corpus Christi Independent
School District to provide transportation services for Youth Recreation
Programs. (Attachment # 3)
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4. Resolution authorizing the City Manager or his designee to submit a grant
application to the Department of Energy/State Energy Programs
(DOE/SEP) in the amount of $150,000 for a compressed natural gas
fueling facility at the Maintenance Center, with a city match of $276,000 in
the No. 4550 Gas Commercial Paper Fund for a total project cost of
$426,000. (Attachment # 4)
5.a. Ordinance amending the ICMA Retirement Corporation Deferred
Compensation Plan adopted by Ordinance No. 18127 to include provisions
for loans to participants. (Attachment # 5)
5.b. Resolution amending the United States Conference of Mayors Deferred
Compensation Plan adopted by Resolution No. 20008 to include provisions
for loans to participants. (Attachment # 5)
6.a. Motion approving the Sanitary Sewer Construction and Reimbursement
Agreement submitted by Baybreeze Development, L.P., owner and
developer of Monte Verde at Terra Mar Unit 1 Subdivision located east of
the future extension of Ennis Joslin Road south of Holly Road and Los
Arboles at Terra Mar Subdivision located west of the future extension of
Ennis Joslin Road south of Holly Road for the installation of 1,280 linear
feet of a 15-inch PVC and 230 linear feet of a 12-inch PVC offsite sanitary
sewer collection line. (Attachment # 6)
6.b. Ordinance appropriating $242,337.25 from the Sanitary Sewer Collection
Line Trust Fund No. 4220-540450 to pay Baybreeze Development, L.P.,
for the installation of 1,280 linear feet of a 15-inch PVC and 230 linear feet
of a 12-inch PVC sanitary sewer collection lines as specified in the Sanitary
Sewer Construction and Reimbursement Agreement, to develop Monte
Verde at Terra Mar Unit 1 Subdivision. (Attachment # 6)
7.a. Motion approving the Sanitary Sewer Trunk Force Main and Lift Station
Construction and Reimbursement Agreement submitted by Shaws
Development Joint Venture, owner and developer, for Northwest Crossing
Subdivision Units 1, 2, 3, and 4. The installation of a Master Plan Lift
Station with 12 foot diameter wet well and 10,000 linear feet of 12-inch
Force Main, easement acquisition and related appurtenances.
(Attachment # 7)
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7.b. Ordinance appropriating $1,270,000 from the Sanitary Sewer Trunk
System Trust Fund No. 4220 to pay Shaws Development Joint Venture for
the installation of a Master Lift Station with 12 foot diameter wet well and
10,000 linear feet of 12-inch Force Main, easement acquisition and related
appurtenances for the Northwest Crossing Service Area, located west of
Rand Morgan Road and south of Leopard Street. (Attachment # 7)
8. Ordinance abandoning and vacating a 797 -square foot portion of a 10-foot
wide utility easement in Lot 3, Block 5, Country Estates Unit 11, located
approximately 530-feet east of US 77 and 2,000-feet south of Hearn Road;
requiring the owner, Coastal Builders of Texas, to comply with the specified
conditions. (Attachment # 8)
q i. First Reading Ordinance - Authorizing the City Manager or his designee to
execute a ten year Pier Lease Agreement (with ten year renewal at City
Manager's or designee's discretion) with Padre Island Yacht Club for Pier
and Clubhouse at Whitecap Wastewater Treatment Plant (superseding
1995 Pier Lease). (Attachment # 9)
10. Second Reading Ordinance - Authorizing the City Manager or his designee
to execute a ten year Use Agreement with the Tiger Olivarez Golf and
Literacy Academy, Inc. (A chapter of The First Tee) for nonexclusive use
of designated parts of the Gabe Lozano Sr. Golf Center. (First Reading
3/8/05) (Attachment # 10)
11. Second 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. (First Reading 3/29/05) (Attachment # 11)
K. PRESENTATIONS: (NONE)
Public comment will not be solicited on Presentation items.
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April 12, 2005
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L. PUBLIC HEARINGS:
12.a. Public hearing to consider abandoning and vacating 12 parcels of
unimproved street right-of-way out of Windsor Park Unit 4 Subdivision
(Volume 15, Pages 18-19, of the Map Records of Nueces County, Texas),
all located on the north side of McArdle Road between Everhart and
Holmes Dr., in connection with the McArdle Road Street Improvement
Project (Bond 2000). (Attachment # 12)
12.b. Ordinance abandoning and vacating 12 parcels of unimproved street right-
of-way out of Windsor Park Unit 4 Subdivision, all located on the north side
of McArdle Road between Everhart and Holmes Dr., in connection with the
McArdle Road Street Improvement Project. (Attachment # 12)
12.c. Ordinance declaring 28 parcels of land as surplus property which are
located along the north and south sides of McArdle Road, between
Everhart and Holmes Drive, all considered remainders from the McArdle
Road Street Improvement Project (Bond 2000). (Attachment # 12)
12.d. Ordinance authorizing the conveyance of 28 parcels of surplus property
remaining from the McArdle Street Improvement Project to each adjacent
property owner in exchange for the perpetual maintenance of the property,
and authorizing the City Manager or his designee to execute Special
Warranty Deeds for the properties along the south side of McArdle Road
and quitclaim deeds for properties along the north side. (Attachment # 12)
13.a. Public hearing for proposed transfer of funds from the Sanitary Sewer
Trunk System Trust Fund No. 4220-250410 to the Sanitary Sewer
Collection Line Trust Fund No. 4220-250420 in accordance with Section
V.B.6(h) of the Platting Ordinance. (Attachment # 13)
13.b. Ordinance appropriating and approving the transfer of $600,000 from the
Sanitary Sewer Trunk System Trust Fund No. 4220-2504-10 to the
Sanitary Sewer Collection Line Trust Fund No. 4220-250420 in accordance
with Section V.B.6(h) ofthe Platting Ordinance to establish sufficient funds
in the Collection Line Trust Fund to carry out the purpose of the Platting
Ordinance. (Attachment # 13)
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13.c. Resolution adopting the Statement Expressing Official Intent to authorize
interim funding for pending applications to the Sanitary Sewer Trunk
System Trust Fund. (Attachment # 13)
13.d. Resolution adopting the Statement Expressing Official Intent to reserve for
commitmentfunds for the applications to the Sanitary Sewer Trunk System '
Trust Fund received prior to January 1,2005. (Attachment # 13)
13.e. Ordinance appropriating a total not to exceed $3,500,000 from the'
Unreserved Fund balance in the No. 3430 Wastewater Capital
Improvement Program Fund; loaning and approving the transfer of
amounts as needed to the Sanitary Sewer Trunk System Trust Fund, to be
repaid to the No. 3430 Wastewater Capital Improvement Program Fund
at an interest rate equal to the AM rated 5-year municipal bond rate on the
date of the loan, to fund the shortfall resulting from pending applications to
the Sanitary Sewer Trunk System Trust Fund; amending the 2004-2005
Capital Improvement Program Budget adopted by Ordinance No. 026188
to increase appropriations into the No. 3430 Wastewater Capital
Improvement Program Fund by $3,500,000. (Attachment # 13)
13.f. Resolution authorizing the City Manager to suspend applications to the
Sanitary Sewer Trunk System Trust Fund until a new program is developed
and approved by Council. (Attachment # 13)
ZONING CASES: (NONE)
M. REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
14. Ordinance amending Cha 49 of the Ci of Corpus Chr" i Code of
Ordinances by amendi Article VII and ending Articl , Section 49
relating to the requ' ent that all pip' nes in the City . hts-of-waya in
City-owned pr erty be licensed r otherwise a orized by th City;
establishi procedures for th application for d granting of censes;
establ" Ing the charges f the occupati of City righ -of-way by
au orized and unautho . ed pipelines; viding for pr ction of City
rights-of-way and City wned propertie nd interests: r erving the City's
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h\:jenda
Regular Council Meeting
April 12. 2005
Page 8
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend al the end of the
agenda summary)
claims for prior occupation f public pf; perty by pipe' es; authorizi
settlem,ent dismissal a related I suit; providin or related ma rs
and oth provisions elated to th subject ma r.of this ordi nce;
provi . 9 an effectiv oate; providi for penalties; roviding for re ervation
of vii remedies. (Attachment #14)
/
N. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT
SCHEDULED ON THE AGENDA WILL BE HEARD AT THE END OF
THE COUNCIL MEETING. PLEASE LIMIT PRESENTATIONS TO
THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING
THIS TIME PERIOD, PLEASE SIGN THE FORM A T 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 dirige.a la junta y cree que su ingles es limitado, habra un interprete ingles-
espanol en la reunion de la junta para ayudarle,
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 A T ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT
TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
O. 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 MeetingAct, Chapter
551 of the Texas Govemment Code. and that the City Council specifically expects
to go into executive session on the foJ/owing 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.
.Jenda
Regular Council Meeting
April 12, 2005
Page 9
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
15. Executive session under Texas Government Code Section 551.071
regarding Cause No. 04-06556-A, City of Corpus Christi, Texas vs. Air
Liquide America, L.P., et ai, in the District Court of Nueces County, Texas,
28'h Judicial District, with possible discussion and action related thereto in
open session.
P. 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.
16. LEGISLATIVE UPDATE:
Consideration of resolutions and actions deemed appropriate by the City
Council as to legislative issues before the 79'h Texas Legislature.
17. CITY MANAGER'S REPORT
*
Upcoming Items
18. MAYOR'S UPDATE
19. COUNCIL AND OTHER REPORTS
Q. ADJOURNMENT:'- '). '1. <;:' r ."-
POSTING STATEMENT:
This agenda was posted on the City's official bulletin oard at he front entrance to City
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Armando Chapa /lA---
City Secretary
, ,genda
Regular Council Meeting
April 12, 2005
Page 10
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at tI1e end of the
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. 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.
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