HomeMy WebLinkAboutReference Agenda City Council - 05/24/2005
11 :45 A.M. - Swearing-in ceremony of newly appointed Board, Commission and Committee
Members
"People to People" High School, Goodwill Ambassadors
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
MAY 24, 2005
10:00 A.M. - I a (.>... I"V'-
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 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 dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas
del Concilio 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.
B.
Mayor Henry Garrett to call the meeting to order. /
Invocation to be given by Pastor Charles Graff Saint Luke's United Methodist Church.
Pledge of Allegiance to the Flag of the United States. ~ l c:. ~ I ( '7
City Secretary Armando Chapa to call the roll of the required Charter Officers.
A.
C.
D.
Mayor Henry Garrett
Mayor Pro Tem Brent Chesney
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Council Members:
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
John E. Marez
Jesse Noyola
Mark Scott
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City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
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E. MINUTES:
1. Approval of Regular Meeting of May 17, 2005. (Attachment #1)
Agenda
Regular Council Meeting
May 24, 2005
Page 2
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment #2)
2.
.
Airport Board
Building Standards Board
Community Youth Development Program (78415) Steering
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
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 AGENDAtt :s - \ 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, 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)
3.
Resolution authorizing the City Manager to take actions
necessary to approve the issuance of refunding bonds by Lavaca-
Navidad River Authority in respect to the City of Corpus Christi
Lake Texana Project. (Attachment #3)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
026270
Agenda
Regular Council Meeting
May 24, 2005
Page 3
4.
Motion approving the purchase of three equipment trailers from
H & V equipment Services, Inc. of Corpus Christi, Texas in
accordance with Bid Invitation No. BI-0072-05, based on low bid
in the amount of $38,319. These are replacements to the fleet.
Funds have been budgeted by the Water Department and
Maintenance Services in FY 2004-2005. (Attachment #4)
5.
Motion authorizing the City Manager or his designee to execute
a professional services agreement with the Nueces County
Medical Education Foundation in an amount not to exceed
$150,000 in order to provide health care services for Title V
Maternal-Child Health. (Attachment #5)
6. Resolution authorizing the City Manageror his designee to submit
a grant application to the Texas Parks and Wildlife Department in
the amount of $147,795 for renovation and reconstruction ofthe
hiking/walking trail at West Guth Park, with a City match of
$47,795 in the No. 4720 Community Enrichment Fund, and a total
project cost of $147,795. (Attachment #6)
7.a. Resolution authorizing the City Manageror his designee to accept
a grant from the Coastal Bend Regional Advisory Council in the
amount of $5,140.76 to be used for the purchase of equipment,
supplies, and services to support the delivery of emergency
medical services for the Corpus Christi Fire Department.
(Attachment #7)
7.b. Ordinance appropriating a $5,140.76 from the Coastal Bend
Regional Advisory Council in the No. 1056 Ambulance Grants
Fund to purchase equipment, supplies, and services, to support
the delivery of emergency medical services for the Corpus Christi
Fire Department. (Attachment #7)
8.a. Resolution authorizing the City Manager or his designee to accept
a 2004 grant from the Assistance to Firefighters Grant Program
from the Emergency Preparedness and Response Directorate, in
the amount of $39,435 to develop and perform Fire Safety
Presentations to senior citizens and third grade children.
(Attachment #8)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
2005 155
2005
156
020271
026272
026273
026274
Agenda
Regular Council Meeting
May 24, 2005
Page 4
8.b. Ordinance appropriating $39,435 from the Assistance to
Firefighters Grant Program, from the Emergency Preparedness
and Response Directorate, in the No.1 062 Fire Grants Fund to
develop and perform Fire Safety Presentations to senior citizens
and third grade children. (Attachment #8)
9.a. Ordinance appropriating $423,830.30 from City Hall Capital
Improvement Program Fund 3160, transferring to and
appropriating in Street Capital Improvement Program Fund 3530
for the Up River Road Street Improvement Project; amending FY
2004-2005 Capital Budget adopted by Ordinance No. 026188 by
increasing appropriations by $847,660.60. (Attachment #9)
9.b.
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 $890,490 for the
Up River Road from Rand Morgan to McKinzie Project. (BOND
ISSUE 2004) (Attachment #9)
10.
Motion authorizing the City Manager or his designee to execute
a Contract for Professional Services with LNV Engineering, of
Corpus Christi, Texas in the amount of $130,000 for the Bay Trail
Phase 3 Project. (Attachment #10)
11.
Motion authorizing the City Manager or his designee to execute
Amendment No.4 to the Contract for Professional Services with
Russell Corrosion Consultants, Inc., of Simpsonville, Maryland in
the amount of $136,182 for a total re-stated fee of $234,724.40
for the Padre/Mustang Island Water Crossings Cathodic
Protection/Leopard Street Water Transmission Mains Cathodic
Protection. (Attachment #11)
12.
Motion authorizing the City Manager or his designee to execute
Ratification of Amendment No.7 to the Contract for Professional
Services with LNV Engineering, of Corpus Christi, Texas in the
amount of $233,287 for a total re-stated fee of $973,387 for the
Disinfection Challenge Study for the a.N. Stevens Water
Treatment Plant Facility Analysis Project. (Attachment #12)
13.
Motion authorizing the City Manager or his designee to execute
Change Order NO.2 with C. W. Campbell Electric, Inc. of Corpus
Christi, Texas in the amount of $53,963.84 for the a.N. Stev.ens
CITY COUNCIL
PRIORITY ISSUES
(Refer 10 legend althe end of the
agenda summary)
026275
026276
2005 157
2005 158
2005159
2005160
2005 161
Agenda
Regular Council Meeting
May 24, 2005
Page 5
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Water Treatment Plant On-Going Instrument Maintenance
Program FY 2004. (Attachment #13)
14. Motion authorizing the City Manager or his designee to execute 2005 162
an Interlocal Agreement with the Nueces County (TxDOT) and
authorizing payment of $50,000 for the rehabilitation of a 700
linear foot section of Up River Road located within the City limits.
(BOND ISSUE 2000) (Attachment #14)
15.a. Motion authorizing the City Manager or his designee to execute 2005 163
a construction agreement in an estimated amount of$87 ,000 with
American Electric Power (AEP) for the installation of new
continuous street lighting and underground power lines on
Yorktown Boulevard from Oso Parkway to Weber Road.
(Attachment #15)
15.b. Motion authorizing the City Manageror his designee to authorize 2005 164
Change Order No. 2 in the amount of $172,300 with H&G
Contractors, Inc., of Corpus Christi, Texas for the installation of
underground conduit for street lights, underground conduit for
irrigation at median and underground conduit for fiber optic cable
on Yorktown Boulevard from Oso Parkway to Weber Road.
(Attachment #15)
16.a. Motion approving the Developer Agreement for Temporary 2005 165
Improvements with developers of South Fork Unit 3, 4, and 5 and
Morningstar Unit 2 for the installation of a temporary pumping
system with private funds to improve the capacity of the existing
Master Plan Lift Station 1047 (Greenfields by the Bay), located
west of Rodd Field Road and south of Wooldridge Road, until the
permanent improvements are completed and fully operational to
avoid delays with specified conditions. (Attachment #16)
16.b. Motion approving the Sanitary Sewer Trunk Force Main and Lift 2005 166
Station Construction and Reimbursement Agreement submitted
by Springfield Development, owner and developer of South Fork
Unit 5 Subdivision for the reconstruction of the existing Master
Plan Lift Station No.1 047 (Greenfields by the Bay), located west
of Rodd Field Road and south of Wooldridge Road, with 12 foot
diameter wet well and 3,850 linear feet of 12-inch Force Main,
easement acquisition and related appurtenances. (Attachment
#16 )
Agenda
Regular Council Meeting
May 24, 2005
Page 6
16.c. Ordinance appropriating $975,210.63 from the Sanitary Sewer
Trunk System Trust Fund No. 4220 to pay Springfield
Development for the reconstruction of a Master Plan Lift Station
No. 1047 (Greenfields by the Bay), located west of Rodd Field
Road and south of Wooldridge Road, with 12 foot diameter wet
well and 3,850 linear feet of 12-inch force main, easement
acquisition and related appurtenances for the Greenfields by the
Bay service area, located west of Rodd Field Road and south of
Wooldridge Road. (Attachment #16)
17.
Motion authorizing the Director of the Public Health District to
execute an agreement with the Texas Department of State Health
Services relating to a plan for responding to an act of terrorism.
(Attachment #17)
'18. Second Reading Ordinance - Amending the Comprehensive Plan
of the City of Corpus Christi ("The City") by adopting the Corpus
Christi Future Land Use Plan and amending the Corpus Christi
Urban Transportation Plan (Ordinance 025251) for the City and
its extraterritorial jurisdiction; establishing a unified Future Land
Use and Transportation Plan for coordination of land use, zoning,
subdivision development and capital improvements consistent
with the public interest; amending related elements of the
Comprehensive Plan of the City. (First Reading 05/17/05)
(Attachment #18)
I. PUBLIC HEARINGS:
ZONING CASES:
19. Case No. 0305-04. Sizemore Real Estate. LLC: A change of
zoning from a "B-4" General Business District to an "1-2" Light
Industrial District. The property is in River Square, Unit 1, Block
1, Lots 1 through 4, located north of IH37 Frontage Road, south
of McKenzie Lane and east of Twin River Boulevard. (Tabled
05/10/05) (Attachment #19)
Plannino Commission's Recommendation: Denial of the "1-2"
Light Industrial District and in lieu thereof, approval of a Special
Permit subject to site plan (Layout C) and nine (9) conditions.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend al the end of the
agenda summary)
0211277
2005
167
026278
Agenda
Regular Council Meeting
May 24, 2005
Page 7
Staffs Recommendation: Denial of the "1-2" Light Industrial
District and in lieu thereof, approval of a Special Permit subject to
site plan (Layout E) and nine (9) conditions.
ORDINANCE
Amending the Zoning Ordinance, upon application by Sizemore
Real Estate, LLC; by changing the zoning ma~n reference to
River Square Unit 1, Block 1, Lot 1 through /. ~urrently zoned
"B-4" General Business District) by granting a Special Permit for
warehouse/office uses subject to site plan (1_ _ l E) and nine (9)
conditions; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan.
20. Case No. 0405-04, Staoles Develooment: A change of zoning
from a "F-R" Farm-Rural District on Tracts 1 and 2 to an "A-2"
Apartment House District on Tract 1 and a "B-4" General
Business District on Tract 2. The property is 9.93 acres out of
Flour Bluff and Encinal Farm and Garden Tracts, Section 20, Lots
21 and 22, located west of Airline Road and 600 feet south of
County Road 26-A (Brooks Road). (Attachment #20)
Plannina Commission Recommendation: Approval of the "A-2"
Apartment House District for Tract 1. Denial of a "B-4" General
Business District on Tract 2, and in lieu thereof, approval of a "B-
1" Neighborhood Business District for Tract 2.
Staffs Recommendation: Approval ofthe "A-2" Apartment House
District on Tract 1. Denial of the "B-4" General Business District
on Tract 2, and in lieu thereof, approval of an "A-2" Apartment
House District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Staples
Development, LLC, by changing the zoning map in reference to
9.93 acres out of Flour Bluff and Encinal Farm and Garden
Tracts, Section 20, Lots 21 and 22, from "F-R" Farm-Rural District
to "A-2" Apartment House District - Tract 1 and "B-1"
Neighborhood Business District - Tract 2; amending the
Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
A 5" t- rr--...P. .--4- ..--4
020279
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Agenda
Regular Council Meeting
May 24, 2005
Page 8
21. Case No. 0405-05, Landmark Commission - Manuel G. Morales:
A change of zoning from a "R-1 B" One-family Dwelling District to
a "R-1B/HC-IV" One-family Dwelling District with a Historical-
Cultural Landmark Preservation Overlay. The property is in Del
Mar Subdivision, Block 18, Lot 3,Iocated along Clifford Street and
100 feet west of Santa Fe Street. (Attachment #21)
Plannino Commission and Staffs Recommendation: Approval of
the "R-1 B/HC-IV" One-family Dwelling District with a Historical-
Cultural Landmark Preservation Overlay.
ORDINANCE
Amending the Zoning Ordinance, upon application by the City of
Corpus Christi Landmark Commission and Manuel G. Morales, by
changing the zoning map in reference to Del Mar Subdivision,
Block 18, Lot 3 from "R-1 B" One-family Dwelling District to "R-1 B"
One-family Dwelling District with a "HC-IV" Historical
Classification; amending the Comprehensive Plan to account for
any deviations from the existing Comprehensive Plan.
22. Case No. 0405-06. Landmark Commission - Gamaliel Oliva: A
change of zoning from a "R-1 B" One-family Dwelling District to a
"R-1 B/HC-IV" One-family Dwelling District with a Historical-
Cultural Landmark Preservation Overlay. The property is in Del
Mar Subdivision, Block 18, Lot 6,Iocated along Clifford Street and
250 west of Santa Fe Street. (Attachment #22)
Plan nino Commission and Staffs Recommendation: Approval
ofthe "R-1 B/HC-IV" One-family Dwelling District with a Historical-
Cultural Landmark Preservation Overlay.
ORDINANCE
Amending the Zoning Ordinance, upon application by the City of
Corpus Christi Landmark Commission and Gamaliel Oliva, by
changing the zoning map in reference to Del Mar Subdivision,
Block 18, Lot 6 from "R-1 B" One-family Dwelling District to "R-1 B"
One-family Dwelling District with a "HC-IV" Historical
Classification; amending the Comprehensive Plan to account for
any deviations from the existing Comprehensive Plan.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
02R281
026282
Agenda
Regular Council Meeting
May 24, 2005
Page 9
J. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
K. REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
23. Ordinance authorizing the sale offorty-five (45) properties shown
on the attached and incorporated Exhibit A at a tax resale auction
with opening bids of 30% of the most recent tax appraisal value
as described on the attached Exhibit A. (Attachment #23)
24.a.
24.b.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
02h283
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25. Motion granting permission to locate the skate park in Cole Park; 2 0 0 5 1 6 8
directing inclusion of the skate park in the Comprehensive Master
Site Plan for Cole Park as part of the Corpus Christi Parks.
Recreation and Open Spaces Master Plan; and authorizing the
City Manager to take all necessary action and to sign a contract
and all other necessary documents for the Junior League of
Corpus Christi, Inc. ("Junior League") to construct the skate park
in Cole Park, provided the following condition is satisfied:
The Junior League shows to the satisfaction of the City Manager
that the Junior League has the funding in place necessary to
construct the skate park in Cole Park. (Attachment #25)
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. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
Agenda
Regular Council Meeting
May 24, 2005
Page 10
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 lajunta y cree que su ingles es limitado, habra un interprete
ingles-espanol en la reunl6n de la junta para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
SERA TE, 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.
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 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 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.
26.
Executive session under Texas Government Code Section
551.071 regarding Matthew Barnes, et al vs. James Peterson and
the City of Corpus Christi, Cause No. C-04-724, in the United
States District Court for the Southern District of Texas, Corpus
Christi Division, with possible discussion and action related
thereto in open session.
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 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.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
/. I
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2005169
Agenda
Regular Council Meeting
May 24, 2005
Page 11
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
27. LEGISLATIVE UPDATE:
Consideration of resolutions and actions deemed appropriate by
the City Council as to legislative issues before the 79 th Texas
Legislature.
28. CITY MANAGER'S REPORT
*
Upcoming Items
29. MAYOR'S UPDATE
30. COUNCIL AND OTHER REPORTS
O. ADJOURNMENT:-:) . '> $" f. ,'I- .
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance
to City Hall, 1201 Leopard Street, at 2:00 p.m., Mav 20 ,2005.
~
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.
26.
MOTION NO. v )
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Motion authorizing the City Manager to employ the law firm of Canales & Simonson,
P.C. to provide legal representation in Cause No. C 04-274, Michael Barnes, et al v. City
of Corpus Christi, et ai, in the United States District Court, Southern District of Texas,
Corpus Christi Division, at an hourly rate not exceeding $185.00, plus expenses, subject
to certification of funds.
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