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HomeMy WebLinkAboutReference Agenda City Council - 03/20/20071' 45 A.M. Proclamation declaring March 20. 2007 as "Hometown Heroes Day" Proclamation declaring March 25, 2007 as "12`" Annual Ms. Coastal Bend Senior Pageant Day" Proclamation declaring the month of March as "American Red Cross Month" Proclamation declaring the month of March as "Irish -American Heritage Month" P-esentation of check from HUD to Corpus Christi/Nueces County - Continuum of Care Funding AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 MARCH 20, 2007 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHI&TED 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 Conci) para ayudarie. 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 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made A. (Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Deacon Michael Mantz, Corpus Christi Cathedral. C. Pledge of Allegiance to the Flag of the United States. Mk, H D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett 1 Mayor Pro Tem Rex Kinnison 1' Councilplembers: Brent Ctmsney City Manager George K. Noe MelodyCooper P i City Attorney Mary Kay Fischer Jerry Garcia f City Secretary Armando Chapa ,/ Bill Kelly John Marez Jesse Noyola Mark Sett requiring *parade discussion have been acted upon. The remaining items will be adopted by one vote. Agenda Regular Council Meeting March 20, 2007 Page 3 CONSENTMOTIONS, RESOLUTIONSORDINANCESAND ORDINANCES FROM PRVIOUS MEETINGS: (Atthis point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) . Ordinance appropriating $33,309.21 from the State of Texas in the No. 1061 Police Grants Fund - Law Enforcement Standards and Education for training of police personnel and purchase of trak ing equipment. (Attachment # 3) (Requires 2/3 vote) 4.a. Resolution authorizing the City Manager or his designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $8,366.20 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 # 4) 4.b. Ordinance appropriating $8,366.20 from the Coastal Bend Regional Advisory Council into the No. 1056 Ambulance Fund to purchase equipment, supplies, and services to support the delivery of Emergency Medical Services for the Corpus Christi Fire Department, (Attachment # 4) (Requires 2/3 vote) 5.a. Resolution authorizing the City Manager or his designee to accept a grant from the Department of State Health Services in the amount of $80,000 for costs related to the provision of diabetes prevention and management services and to execute all related documents. (Attachment # 5` 5,b. Ordnance appropriating a grant of $80,000 from the Department of State Health Services in the No 1066 Health Grants Fund for costs related to the provision of diabetes prevention and management services. (Attachment # 5) (Requires 2/3 vote) Resolution authorizing the City Manager or his designee to execute all documents and take all action necessary to administer the property previously held by the Anita Neyland Trust, which is now being tumed over to the City, including but not limited to signing oil and gas division orders and accepting monies derived from the property; and requiring that all monies derived from this property shall be deposited into a library fund and used for library puMoses, JAltachment#Fit CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 027172 027.17;3 r, 1t•1 J( 4 027175 0271'76 027177 Agenda Regular Council Meeting March 20, 2007 Page 4 t Motion authorizing the appointment of an ad hoc peer arts panel to the Arts and Cultural Commission, consisting of two professionals and two community peers to provide a recommendation for the Southside Library "Percent for Art" Project. (Attachment # 7) 8. Motion authorizing the appointment of an ad hoc peer panel to the Arts and Cultural Commission, consisting of two professionals and two community peers to provide a recommendation for the Parkdale Library "Percent for Art" Renovation. (Attachment # 8) . Motion authorizing the appointment of an ad hoc peer arts panel to the Arts and Cultural Commission, consisting of two professionals and two community peers to provide a recommendation for the Southside Fire Station "Percent for Art" Project. (Attachment # 9) 0. Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Commission on the Arts in the amount of $10,000 for support of the 2008 Festival of the Arts, with a City match of $10,000 in the No. 1030 Arts Grants/Projects Fund. (Attachment # 10) 11. a, First Reading Ordinance - Authorizing the City Manager or his designee to execute a ten-year reciprocal fiber license agreement with Grande Communications Networks, Inc. ("Grande") for the City to receive use of approximately 82.9 miles of Grande fiber, and Grande to receive use of approximately 18.9 miles of City fiber; providing for refund of $100,000 security deposit established in the Grande cable franchise. (Attachment # 11) (Requires 2/3 vote) 1.b. Ordinance appropriating $24,458.42 interest earnings from the Grande Communications Security Fund in the General Fund; transferring to and appropriating in the Corpus Christi Digital Community Development Corporation Fund 4800 for fiber construction; amending the FY 2006-2007 Operating Budget adopted by Ordinance No. 026908 by increasing appropriations by $24,458.42; amending Corpus Christi Digital Community Development Corporation Fund 4800 to increase appropriations and revenues by $24,458.42 each. (Attachment # 11) (Requires 2/3 vote) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2007 065 2007 066 2007 06 7 0271%'s 1,271%49 Agenda Regular Council Meeting March 20. 2007 Page 5 12 Motion authorizing the City Secretary or his designee to enter into a Joint Election Agreement between the City of Corpus Christi and Nueces County, pursuant to Chapter 271 of the Texas Election Code, for the runoff election and the statewide constitutional amendment election scheduled for May 12, 2007, to combine or uncombine precincts as necessary and to amend the submission to the United States Department of Justice to include these changes should a runoff election be required. (Attachment # 12) (Requires 2/3 vote) 13. Motion authorizing the City Manager or his designee to execute Change Order No. 5 with SLC Construction, L.P., of Conroe, Texas in the amount of $332,825.97 for a total restated amount of $3,155,333.57 for the Water Main Improvements: Leopard Street and Third Street project. (Attachment # 13) (Requires 2/3 vote) 14. Motion authorizing the City Manager or his designee to execute Ratification of Amendment No. 20 with Shiner, Moseley & Associates, Inc., of Corpus Christi, Texas in the amount of $49,688 for a restated fee not to exceed contract amount of $4,273,303 for two additional months of Construction Management and Surveillance Engineering Services for the Cefe Venzuela Landfill project. (Attachment # 14) (Requires 2/3 vote) Motion authorizing the City Manager or his designee to execute Amendment No. 4 with Shiner, Moseley & Associates, Inc., of Corpus Christi, Texas in the amount of $30.,000 fora restated not to exceed total fee of $200,000 for consulting services associated with Pre -Planning of Emergency Recovery Operations. (Attachment # 15) (Requires 2/3 vote) Ordinance amending Ordinance No. 027143, Section 1, Authorization of Certificates of Obligation, to add utility work associated with the Port Avenue Street Reconstruction to the listing of projects being funded by the City of Corpus Christi, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2007. (Attachment # 16) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2007 068 2007 06 2007 070 2007 071 0 Agenda Regular Council Meeting March 20, 2007 Wage 6 17.a. First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding rules and procedures for public access cablecasting; providing for publication; and providing an effective date of June 1, 2007. (Attachment # 17) 17.b. Ordinance appropriating a $7,000 grant provided by cable operators from the General Fund Reserve for commitment of public access equipment; amending the FY2006-2007 Operating Budget adopted by Ordinance No. 026908 to increase appropriations by $7.000. (Attachment # 17) (Requires 2/3 vote) 18. Ordinance amending the Code of Ordinances, Chapter 4, Alcoholic Beverages, by amending Section 4-1, Alcoholic beverages on public school property; providing for penalties; providing for publication. (Attachment # 18) 19 Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 14, to reduce building permit and survey fees for business operations in Census Tracts 5, 7, 13, 35, and 50 included in the expanded Renewal Community; providing for publication, providing for an effective date. (First Reading 2/27/07) (Attachment # 19) 20. Second Reading Ordinance - Abandoning and vacating a 31,825 - square foot portion (0.7306 acres) of an undeveloped 20 -foot wide dedicated public right-of-way out of Lots 21-23, Section 32, Flour Bluff and Encinal Farm and Garden Tracts (San Cristobal at Terra Mar Subdivision) south of and adjacent to Victoria Park Unit 7 Subdivision and approximately 450 -feet southwest of the Oso Parkway Street right-of-way, subject to owner's compliance with the specified conditions. ( First Reading 2/27/07) (Attachment # 20 21 Second Reading Ordinance - Abandoning and vacating a 26,310 - square foot portion (0.604 acres) of an undeveloped 20 -foot wide dedicated public right-of-vriay out of Lot 1, Section 32, Flour Bluff and Encina) Farm and Garden Tracts (Valencia at Terra Mar Subdivision), southeast of and adjacent to Monte Verde at Terra Mar Unit 1 Subdivision, between the Holly Road and Wooldridge Road Street rights-of-way, subject to owner's compliance with the specified conditions. (First Reading 2/27/07) (Attachment # 21) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 027182 027183 2718'1. r718 r Agenda Regular Council Meeting March 20, 2007 Page 7 PUiBLIC HEARINGS: ZONING CASES: 22, Cage NQ. 0207-02, Irme Roldan Gomez and Richard O. Serna: A change of zoning from a "R-1 B" One -family Dwelling District and an "AB" Professional Office District to a "B-1" Neighborhood District on property described as Windsor Park Unit 4, Block 34, Lots 12 and 13, located along Everhart Road and approximately 360 feet north of McArdle Road. (Attachment # 22) (Requires 2/3 vote) Planning Commission and Staffs Recommendation: Approval of the "B-1" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Irme Roldan Gomez and Richard O. Serna, by changing the zoning map in reference to Windsor Park Unit 4, Block 34, Lots 12 and 13, from "R-1 B" One -family Dwelling District and "AB" Professional Office District to "B-1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. 23. Case No. 0207-03, Rodd Field 19, Ltd: A change of zoning from an "A-1" Apartment House District to an "AB" Professional Office District on property described as 13.24 acres out of the southwest one-hatf of Lots 7 and 8, Section 19, Flour Bluff and Encinal Farm and Garden Tracts, located 400 feet west of Rodd Field Road and approximately 700 feet south of Holly Road. (Attachment # 23) (Requires 2/3 vote) Planning Commission and Staffs Recommendation: Approval of the "AB" Professional Office District. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ._ ! 1 _` t ) Agenda Regular Council Meeting March 20, 2007 Page 8 ORDINANCE Amending the Zoning Ordinance, upon application by Rodd Field 19, Ltd., by changing the zoning map in reference to 13.24 acres out of the southwest one-half of Lots 7 and 8, Section 19, Flour Bluff and Encinal Farm and Garden Tracts, from "A-1" Apartment House District to "AB" Professional Office District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. 24. Cade No. 0205-04, BL Real Estate Holding Company, LP (Bluffs Ladino Marina): An ordinance granting a time extension of two (2) years for a Special Permit for an Event Center in a "R -1C" One -family Dwelling District. on property described as Tyler Subdivision, Block 1, Lots 2 and 12, located approximately 400 feet north of Laguna Shores Drive between Wyndale Drive and Claudia Drive. (Attachment # 24) (Requires 2/3 vote) Stfs Recommendation: Approval of the time extension to March 29, 2009 for the Special Permit for an Event Center on Tract 1. ORDINANCE Granting a time extension of two years for a Special Permit for an Event Center in an "R-1 C" One -family Dwelling District, Tyler Subdivision, Block 1, Lots 2 and 12, located approximately 400 feet north of Laguna Shores Drive between Wyndale Drive and Claudia Drive; providing a repealer clause. K. PISENTATIONS: Public comment will not be solicited on Presentation items. 25. Consumer Directed Health Care combined with Health Savings Account (HSA) Feasibility Study Final Report, presented by Mercer Oliver Wyman and Mercer Health and Benefits. (Attachment # 25) 26 Update on Downtown Area Appraisals by the Nueces County Tax Appraisal District (Attachment # 26) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 02.7 L87 027188 Agenda Regular Council Meeting March 20, 2007 Page 9 27. 2nd Qua r f FY 20 -2007 Budget?Performance/Report (Attach nt # 27), L. REGULAR AGENDA CONSIDERATION OF MOTION. RESOLUTIONS. AND ORDINANCES: 28.a. Presentation on Balanced Scorecard (Attachment # 28) 28.13. Motion authorizing the City Manager or his designee to execute a contract with EMA, Inc., of Houston, Texas in the amount of $300,000 for implementation of city-wide optimization initiatives (business process improvement) focusing on performance management and business strategy. (Attachment # 28) (Requires 2/3 vote) 29 Resolution authorizing the City Manager to execute a Memorandum of Agreement with the United States Environmental Protection Agency and the Texas Commission on Environmental Quality providing for the implementation of locally defined emission control programs should the eight-hour federal ozone standard be violated in lieu of immediate redesignation to non - attainment. (Attachment # 29) (Requires 2/3 vote) 30.a. Motion authorizing the City Manager or his designee to execute a construction contract with H & G Contractors, Inc., of Corpus Christi, Texas in the amount of $2,525,829.42 for the Cliff Maus Road, Phase 2 and Phase 3 Street Improvement Projects. (BOND ISSUE 2004) (Attachment # 30) (Requires 2/3 vote) 30.b. Motion authorizing the City Manager or his designee to execute a Construction Materials Testing Contract with Rock Engineering & Testing Laboratory, Inc., of Corpus Christi, Texas in the amount of $29,516 for the Cliff Maus Road, Phase 2 and Phase 3 Street Irrprovement Projects. (BOND ISSUE 2004) (Attachment # 30) (Requires 2/3 vote) M. P ELIC COMMENT FROM THE AUDIENCE ON MATTERS N T SCHEDULED ON THE AGENDA WILL BE HEARD AT ROIMATELY 12:00 P.M. QR AT THE END OF THE C UNQM. MEETING. WHICHEVER IS EARLIER. PLEASE L IT I lESENTATIONS TO THREE MINUTES. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2007 072 U27189 2007 073 2007 0 74 Agenda Regular Council Meeting March 20, 2007 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) IF 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 dirige a la junta y cree que su ingles es limitado, habra un interprete ingls-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 AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. 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. 31 Executive session under Texas Government Code Section 551.071 regarding Cause No 04-3928-G, City of Corpus Christi v. Entrust, Inc., et al in the 319`h Judicial District Court of Nueces County, Texas, with possible discussion and action related thereto in open session. Agenda Regular Council Meeting March 20. 2007 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. 32 LEGISLATIVE UPDATE Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 80th Texas Legislature. 33 CITY MANAGER'S REPORT Upcoming Items 34. MAYOR'S UPDATE 35. COUNCIL AND OTHER REPORTS P. ADJOURNMENT: PQSTING STATEMENT: This agenda was posted on the City s official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at „2; 46- p.m., March 16, 2007. 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. H. Garrett CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CONSENT AGENDA: March 20, 2007 L c-1; I iC� , A ��� , I �, . I �� I 1�� it B. Chesney M. Cooper J. Garcia v B. Kelly R. Kinnison J. Marez J. Noyola M. Scott Page of H. Garrett 4 CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING B. Chesney v March 20, 2007 i ti M. Cooper ,.y J. Garcia B. Kelly R. Kinnison J. Marez J. Noyola V. Scott Page of