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HomeMy WebLinkAboutReference Agenda City Council - 04/10/20071' 45 A "vt. rociarnation declar ng April • 3-16 2007 as "Generosity Weekend" rodamatior declaring the week of April 8-14 2007 as "National Public Safety Telecommunicators Week" >prodamatior declar ng the week of April 15-21, 2007 as "National Volunteer Week" )rodamatior deciarng the month et April as "Fair Housing Month" A- Your Seriice' Award. City Staff Recognition AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 APRIL 10, 2007 ,1 10:00 A.M. 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 Conci+io y cree 7ue su ingles es limitedo, 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 361-826-3105) 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 Pastor Phillip Phifer, Trinity Lutheran Church.‘/ C. Pledge of Allegiance to the Flag of the United States. ' co" C.—' D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem Rex Kinn son Council Members: Brent Chesney Melody Cooper Jerry Garcia Bill Kelly John Marez Jesse Noyola Mark Scott City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Agenda Regular Council Meeting April 10, 2007 Page 2 E. MINUTES: Approval of Regular Meeting of March 27, 2007 (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. SPECIAL PRESENTATION: Water Improvement Projects Completed in 2006 CONSENT AGENDA 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 CONSEN MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: ;Atthis point the Council will vote on all motions, resolutions and ordinances not removed for individual consideratio^? CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) IAC Agenda Regular Council Meetinc April 10, 2007 Page 3 Motion approving a supply agreement with HD Suppiy/Waterworks, of Corpus Christi, Texas for approximately 89 cast iron foundry items in accordance with Bid Invitation Nc, B1-0079-07 based on low total bid for an estimated semi- annual expenditure of $56,350,50 of which $37,567 is available n EY 2006-2007 The term of the supply agreement will be for six months with an option to extend for up to five additional six- month periods subject to the approval of the supplier and the City Manager or his designee. These items will be purchased into Warehouse Inventory and used by the Water, Wastewater, and Park Maintenance Departments. Funds are available through the Stores Fund for FY 2006-2007 and have been requested for FY 2007-2008. (Attachment #2) (Requires 2/3 vote) Resolution authorizing the submission of a grant application in the amount of $43,430 to the State of Texas, Criminal Justice Division for Year 8 funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unitwith a City match of $14,007 and $2,400 in-kind services and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. (Attachment #3) 4 Ordinance appropriating an amended grant from the Division of Emergency Management, Office of the Governor, in the amount of $151,634.59 to carry out designated homeland security activities as part of the 2006 Homeland Security Grant Program, in the No. 1062 Fire Grants Fund. 'Attachment #4) (Requires 2/3 vote) Ordinance appropriating $592,500 from the Unreserved Fund Balance designated for negotiated firefighter pay in the General Fund for firefighter salary increases; amending Ordinance No. 026908 which adopted the FY 2006-2007 Operating Budget to increase appropriations by $592,500. (Attachment #5) (Requires 2/3 vote) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2007 088 M/ O 4.. f 0272.i:15 Agenda Regular Council Meeti April 10, 2007 Page 4 9 a Resolution authorizing the City Manager or his designee to execute the First Amendment to the Contract between the Corpus Christi Business and Job Development Corporation and Nueces County Community Action Agency (NCCAA) for affordable housing to extend the term of the program agreement and to increase the maximum home purchase price. (Attachment #6) (Requires 2/3 vote) 6 b Resolution authorizing the City Manager or his designee to execute the First Amendment to the Contract between the Corpus Christi Business and Job Development Corporation and the Nueces County Community Action Agency (NCCAA) for affordable housing for a Pilot infill Housing Project to extend the term of the program agreement; to increase the maximum home purchase price; and to change the warranty deed requirement. (Attachment #6) (Requires 2/3 vote) 6 c Resolution authorizing the City Manager or his designee to execute the First Amendment to the Contract between the Corpus Christi Business and Job Development Corporation and Randy Farrar, dba Miramar Homes, for the Affordable Housing Program Agreement, to extend the term of the program agreement. (Attachment #6) (Requires 2/3 vote) Resolution authorizing the City Manager or his designee to execute the First Amendment to the Agreement to Grant Business Incentives tc A. C. Distribution, Inc., for the creation of jobs to extend the term of the program agreement. (Attachment #7) (Requires 2/3 vote) Resolution authorizing the City Manager or his designee to execute the First Amendment to the Agreement to Grant Business Incentives tc McTurbine, Inc., for the creation ofjobsto extend the term of the program agreement. (Attachment #7) (Requires 2/3 vote) Adoption of an Ordinance with respect to Allied Waste North America, Inc. and its subsidiaries or affiliates project approving the issuance of revenue bonds by the Mission Economic Development Corporation, designating a Public Hearing Officer and authorizing the City Mayor to execute certificates approving the ordinance and public hearing. (Attachment #8) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 027200 027207 02(' 027209 027210 027211 Agenda Regular Council Meeting April ' C. 2007 Page 5 9 Motion authorizing the City Manager or his designee to execute a construction contract for Base Bid "B" in the amount of $758,198 and Additive Alternate No. 2 in the amount of $83,060, for a total construction contract in the amount of $841,258, with D & C Fence Company, Inc., of Corpus Christi, Texas for the Homeland Security Improvements at Wastewater Treatment Plants and Wastewater Equipment Yard. (Attachment #9) (Requires 2/3 vote) Motion authorizing the City Manager or his designee to execute a construction contract with King -Isles, Inc , of Corpus Christi, Texas in the amount of $2,347 765 for the Up River Road Water Line Improvements - Dona Drive to Savage Lane for the Total Base Bid and Additive Alternative No. 2 (Attachment #10) (Requires 2/3 vote) Motion authorizing the City Manager or his designee to execute a Job Order Contract with Alpha Building Corporation, of Corpus Christi, Texas in the amount of $46,048.56 for renovations to the Joe Garza Recreation Center. (BOND ISSUE 2004 and COMMUNITY DEVELOPMENT BLOCK GRANT) (Attachment #11) (Requires 2/3 vote) Motion authorizing the City Manager or his designee to execute Change Order No. " to the construction contract with SLC Construction, L.P., cf Conroe, Texas n the amount of $261,300.02 for the replacement of existing water lines as part of the Lindale/Chenoweth Drainage project. (Attachment #12) (Requires 2/3 vote) Motion approving the application from MMJ Communication to temporarily close the following street sections, the Peoples Street T -Head and the entire Peoples Street T -Head water area as outlined below for the Texas International Boat Show, to be held on Thursday, April 26. 2007 through Sunday, April 29, 2007. (Attachment #13? CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2007 089 2007 090 2007 091 2007 092 2007 093 Agenda Regular Council Meeting Apr 10 2007 Page 6 1; The temporary street closures of northbound lanes of Shoreline Boulevard, including the medians, from the north curb line of Schatzel Street to the south right -of- way of Starr Street, in order to facilitate the set up and tear down of the Texas international Boat Show, beginning at 12:01 p.m. on Monday, April 23, 2007 until 6:00 p.m. on Monday, April 30, 2007. 2) This includes the entire Peoples Street T -Head Water Area encompassing Docks E, F, G, and H in the Marina, including boat slips and other amenities. The Water Premises include the northwest point of the breakwater starting from the Peoples Street T -Head following west to an equal point on the seawall in line with Taylor Street and a point South on the Peoples Street T -Head South of Dock "E" to a point on the seawall in line with Schatzel Street. The Peoples Street T -Head water access area closure is from April 24, 2007 at 6:00 a.m. through April 30, 2007 at 6:00 a.m. Motion approving the application from the Buccaneer Commission to temporarily close the following street sections for the 69th Annual Buccaneer Days Carnival and the 6th Annual Buc Days BBQ Challenge and Rodeo Festival, April 25, 2007 through May 6, 2007. (Attachment #14) 1) The temporary street closures of both legs of Shoreline Boulevard, northbound and southbound from the north right-of- way line of Power Street to the South Texas Art Museum for the 6' Annual Buc Days Rodeo and BBQ Challenge beginning at 8:00 a.m., April 21, 2007 to 5°00 p.m., May 7, 2007. 2) Additionally, Palo Alto and Fitzgerald Streets from southbound Shoreline Boulevard to Water Street will require temporary closures for the annual Buc Days Rodeo, Buc Days Carnival, and BBQ Challenge beginning at 8:00 a.m, April 21, 2007 to 5:00 p.m., May 7, 2007. 3) In cooperation with the Texas Department of Transportation, North Broadway, including under US 181 Harbor Bridge, between Fitzgerald and Brewster Streets will require temporary closure for staging of professional rodeo cowboys truck/trailers beginning at 8`00 a.m., April 23, 2007 through 11:00 p.m, April 28, 2007. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2007 094 Agenda Regular Council Meeting Apr€ 10 200" Page 7 4 ) Temporary street closure of Resaca Street from Water Street to Shoreline Boulevard beginning at 8:00 a.m., April 21, 2007 through 5:00 p.m. May 7, 2007 for the Buc Days Challenge, Carnival, and Rodeo. 1 5 Ordinance authorizing the City Manager or his designee to execute a lease agreement with the Buccaneer Commission, Inc. ("Commission") for 2007 Buccaneer Days Festival and related activities to allow use of Shoreline Boulevard from Power Street north up to and including the Barge Dock area, and additional lots bounded by South Shoreline, Fitzgerald, Water and Palo Alto Streets and additional lot bounded by South Shoreline, Fitzgerald, Water and Resaca Streets; during April 18 through May 11, 2007, provide for the Commission paying 50% police overtime and 100% all other city costs and provide for reduced temporary food vendor permit fees of $35 for 2007 Buccaneer Days Festival; (Attachment #15) (Requires 2/3 vote) 16 Second Reading Ordinance - Adopting the Corpus Christi International Airport Master Plan Update as an element of the Comprehensive Plan of the City of Corpus Christi, and providing for publication. (First Reading :3/27/07; (Attachment #16) (Requires 2/3 vote) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: Resolution approving amendments to the Corpus Christi Business and Job Development Corporation guidelines and criteria for granting business incentives. (Attachment #17) 8. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Maverick Engineering, of Corpus Christi, Texas in the amount of $749,221 for North Port Avenue - 1H 37 to US 181. (BOND ISSUE 2004) (Attachment #18) (Requires 2/3 vote) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 0 2'7 12 027213 027214 2007 095 Agenda Regular Council Meeting April 10. 2007 Page 5 19,a Ordinance appropriating $176 172 from interest earnings into the Marina Development 2005 Capital Improvement Project 3233 Fund for the Marina Development Project Phase III: Docks E, F, G. and H project; amending the FY 2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $176.172. (Attachment #19) (Requires 2/3 vote) 9,b Motion authorizing the City Manager or his designee to ratify and award Change Order No. 7 to a construction contract with CCC Group, Inc., of San Antonio, Texas in the amount of $49,942 for the Corpus Christi Marina Development Project Phase III (Floating Docks E, F, G, and H) for the installation of three phase electrical service for two locations on Dock E and pavement repairs on the Peoples Street T -Head (Attachment #19) (Requires 2/3 vote) K. PUBLIC HEARINGS: ZONING CASES: 20. Cate No. 0107-04, Kinds Crossing Realty, Ltd.: A change of zoning from a "R -1C" One -family Dwelling District and a "R-2" Multiple Dwelling District to a "R-2/PUD-2" Multiple Dwelling District with a Planned Unit Development -2 Overlay on the property described as King's Crossing Unit 21, Block 1, Lot 1, located southwest of the intersection of Cimarron Boulevard and Lens Drive. (Attachment #20) Planning Commission and Staffs Recommendation: Approval of the "R-2/PUD-2" Multiple Dwelling District with a Planned Unit Development -2 Overlay with nine (9) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by King's Crossing Realty, Ltd., by changing the zoning map in reference to King's Crossing Unit 21, Block 1, Lot 1, from "R-1 C" One -family Dwelling District and "R-2" Multiple Dwelling District to "R-2/PUD- 2" Multiple Dwelling District with a Planned Unit Development -2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) x}27215 t007 096 027216 Agenda Reguiar Council Meetirg Apri? 10 2007 Page 9 Overlay, subject to an approved replat and nine conditions; amending the Comprehensive °Ian to account for any deviations from the existing Comprehensive Plan; providing a penalty; providing for publication. (Requires 2/3 vote) 21. Case No. 0207-01, Owen Norton: A change of zoning from a "B- 4" General Business District to a "B-4/PUD-2" General Business District with a Planned Unit Development -2 Overlay on the property described as 2.12 acres out of the southeast one hundred feet of Lots 1 2, and 3, and all of Lots 15, 16, 17, 18, and 19 of Surfside Addition, located north of Caribbean Drive and approximately 200 feet east of Laguna Shores Road. (Attachment #21 Planning Commission and Staffs Recommendation: Approval of a "B-4/PUD-2" General Business District with a Planned Unit Development -2 Overlay with eight (8) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Owen Norton, by changing the zoning map in reference to 2.12 acres out of the southeast one hundred feet of Lots 1, 2, and 3, and all of Lots 15, 16, 17, 18. and 19 of Surfside Addition, from "B-4" General Business District to '`B-4/PUD-2" General Business District with a Planned Unit Development -2 Overlay, subject to eight conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty; providing for publication. (Requires 213 vote) 22. Case No. 0207-04, R. Bryan Johnson: A change of zoning from a "R-1 B" One -family Dwelling District to a "RE" Residential Estate District on the property described as 73.442 acres out of Lots 1, 2, 3, 12 13, 14, 15, and 16, Section 50, Flour Bluff and Encinal Farm and Garden Tracts, located between Flour Bluff Drive, Waldron Road, and south of Glenoak Drive. (Attachment #22) Planrting Commission and Staffs Recommendation: Approval of a "RE" Residential Estate District. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 027217 Agenda Regular Council Meeting April 10: 2007 ?age .)RDINANCE Amending the Zoning Ordinance, upon application by R. Bryan Johnson, by changing the zoning map in reference to 73A42 acres out of Lots 1, 2, 3, 12, 13. 14. 15, and 16, Section 50, Flour Bluff and Encinal Farm and Garden Tracts, from "R -1B" One - family Dwelling District to 'RE" Residential Estate 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. (Requires 2/3 vote) PRESENTATIONS: Public comment will not be solicited on Presentation items. Crosstown Commons Development Proposal (Attachment #23) M. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PULIC HEARING TO BE CONSIDERED AT APPROXIMATELY 1:00 P.M.: 24,a. Public hearing to receive public comments regarding the City of Corpus Christi's proposed FY 2007 Consolidated Annual Action Plan for the Community Development Block Grant (CDBG), HOME investment Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs. (Attachment #24 ) 24.o. Council discussion and possible recommendations on a list of projects/activities to be funded (Attachment #24) N. PU$LIC 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 C NCIL MEETING. WHICHEVER IS EARLIER. PLEASE LIFT PRESENTATIONS TO THREE MINUTES. 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. ) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 027218 Agenda Regular Council Meeting Ari "0.200-' Page 1 Si usted se dirige a la Junta y cree que su ingies es limitado habra un interprete orgies-espanol en le 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 /S 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 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 wil! be publicly announced by the presiding office. 25 Executive session under Texas Government Code Section 551.071 regarding Cause No 06-1865-A Southwestern Bell Telephone, L.P., D/B/A AT&T Texas vs. City of Corpus Christi, in the 28th Judicial District Court, Nueces County, Texas; Cause No. 06-1866-B, Southwestern Bell Telephone. L.P., D/B/A AT&T Texas vs. City of Corpus Christi, in the 117th Judicial District Court, Nueces County, Texas; Cause No. 06-1867-B, Southwestern Bell Telephone L.P . D/B/A AT&T Texas vs. City of Corpus Christi, in the 117'-' Judicial District Court, Nueces County Texas. Cause No. 06-1873-A, Southwestern Bell Telephone, L.P., D/B/A AT&T Texas vs. City of Corpus Christi, in the 28th Judicial District Court, Nueces County, Texas; Cause No. 06-1875-E, Southwestern Bell Telephone, L.P., D/B/A AT&T Texas vs. City of Corpus Christi, in the 214' Judicial District Court, Nueces County, Texas; and Cause No. 06-1894-F, Southwestern Bell Telephone, L.P. D/B/A AT&T Texas vs. City of Corpus Christi, in the 214' Judicial District Court, Nueces County Texas, with possible discussion and action related thereto in open session. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2007 fig? Agenda Regular Council Meeting April 10, 2007 Page 12 26. Executive session under Texas Government Code Section 551.071 regarding Cause No 06-0070-A; Joe McComb and Joe McComb Enterprises, Inc. vs the City of Corpus Christi, in the 28th Judicial District Court of Nueces County, with possible discussion and action related thereto in open session. REEORTS: 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. 27 LEGISLATIVE UPDATE' Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 80th Texas Legislature. 28 CITY MANAGER'S REPORT Upcoming Items 29 MAYOR'S UPDATE 30 COUNCIL AND OTHER REPORTS Q. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City s official bulletin board at the front entrance to City Hall, 1201 Leopare Street, at ' jCp.m., April 6, 2007. rJ Armando Chapa City Secretary CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2007 098 Agenda Regular Council Meeting AprO 10, 2007 Wage 13 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the 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. 25 Motion authorizing the City Manager to settle six cases styled Southwestern Bell 2007 Telephone, L.P., D/BiA AT&T Texas vs City of Corpus Christi, all set in district 7 7 courts in Nueces County, Texas, for the total sum of $195,000.00, subject to certification of funds 26. Motion authorizing the City Manager to settle Cause No. 06-0070-A: Joe McComb 0 0 Q and Joe McComb Enterprises. Inc vs City of Corpus Christi, in the 28th Judicial District Court of Nueces CountieTexas, tor the total sum of $81,000.00, subject to certification of funds and subject to receipt of invoices for work done. 7 098 CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CONSENT AGENDA: it H. Garrett B. Chesney M. Coo er J. Garcia April 10, 2007 B. KeIIy ; f -7- R. Kinnison J. Marez J. Noyola M. Scott v V Page of 2_ CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING April 10, 2007 H. Garrett B. Chesney , M. Cooper J. Garcia B. Kelly 1\ R. Kinnison J. Marez J. Noyola t W M. Scott t v t v Page L of I-