HomeMy WebLinkAboutReference Agenda City Council - 05/15/200711 45 A.M. - Proclamation
Proclamation
Proclamation
Proclamation
Proclamation
Proclamatior
declaring May 1 7, 2007 as "Police Memorial Day"
declaring May 25, 2007 as "National Missing Children's Day"
declaring the week of May 13-19, 2007 as "National Police Memorial Week"
declaring the week of May 13-19, 2007 as "Water Utilities Awareness Week"
declaring the week of May 20-26, 2007 as "Hurricane Awareness Week"
declaring the month of May as "Jewish Heritage Month"
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
CORPUS CHRISTI, TEXAS 78401
MAY 15, 2007
10:00 A.M. 1
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 Concilic y cree que su ingles es hmitado, habre un interprete ingles-espanol en todas las juntas
del Concilio para ayudarle
Persons will; disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office rat 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. t,/
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 Henry Garrett
Mayor Pro Tem Rex Kinnison f.
Council Iembrs:
Brent Cheeney
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 i
Agenda
Regular Council Meeting
May 15, 2007
Page 2
E. MINUTES:
1. Approval of Regular Meeting of May 8, 2007. (Attachment # 1)
F. BO6RD$ & COMMITTEE APPOINTMENTS: (Attachment # 2)
Ethics Commission
Planning Commission
G. EXPLAIMTION 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
finely pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance; ormaymodifythe action specified.
A notion 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 furnished with background and support material on each item, and/or it
has been dI*cussed 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 fie~rindividual 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
CONSENTIFOTI,NS. RESOLUTIONS ORDINANCES AND ORDINANCES
FROM PR OUMEETiNGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
3. Resolution amending Resolution No. 027191 by increasing the
City match to $44,736, with $13,200 in-kind services and
autIvrizing the submission of a grant application in the amount of
$107,594 to the State of Texas,, Criminal Justice Division for Year
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
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Regular Council Meeting
May 15, 2007
Page 3
8 funding available under the Violence Against Women Act
(VAWA) Fund for the Police Department's Family Violence Unit
for a total project cost of $165,530 and authorizing the City
Manager or his designee to apply for, accept, reject, alter or
terminate the grant. (Attachment # 3) (Requires 2/3 vote)
Ordinance appropriating $21,671.76 in interest accrued on an
advance payment on a grant from the Texas Commission on
Environmental Quality (TCEQ) deposited in the No. 1071
Community Enrichment Fund, for air quality research and
planning. (Attachment # 4) (Requires 2/3 vote)
Motion authorizing the City Manager or his designee to approve
a Letter of Agreement between the City of Corpus Christi and the
Beautify Corpus Christi Association ("BCCA"). (Attachment # 5)
(Requires 2/3 vote)
Motion authorizing the City Manager or his designee to execute
a Real Estate Sales Contract with Gloria Diane Oliver Meerdink
in the amount of $25,000 for fee simple property rights to 9.843
acres of land, plus $900 in closing costs; all out of Lots 20 and
21, Section 26, Flour Bluff and Encinal Farm and Garden Tracts,
located off of Brooke Road and County Road 7B; necessary for
the Master Channel 27 Drainage Improvement Project (#2263).
(Attachment # 6) (Requires 2/3 vote)
Motion authorizing the payment of $10,520 towards an Agreed
Judgment in addition to the $24,480 Special Commissioners
Award previously paid, resulting from the Condemnation Suit of
the City of Corpus Christi vs. Antero Molina, Sr.; for the
acquisition of Parcel 506 containing a Utility Easement, Right -of -
Way Easement and Temporary Construction Easement, all
located on Yorktown Boulevard and west of Roscher Drive;
necessary for the Southside Water Transmission Main, Phase 5,
Project #8391, and for other municipal purposes. (Attachment
# 7) (Requires 2/3 vote)
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
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2007 124
2007 125
2007 126
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Regular Council Meeting
May 15, 2007
Page 4
Ordinance authorizing the City Manager or his designee to
execute a Use Privilege Agreement with James A. Caplin, M.D.,
dba Corpus Christi Allergy and Asthma Center ("Owner"), for the
right to install, operate, repair replace, and maintain one private
4 -inch PVC conduit with communication cable, approximately 60 -
linear feet across the Baylor Street public right-of-way, between
Morgan Avenue and Hospital Boulevard, approximately 165 -feet
north of the Morgan Avenue public right-of-way; establishing a fee
of $210. (Attachment # 8) (Requires 2/3 vote)
Ordinance appropriating and transferring $15,664.39 of
unappropriated interest earnings from Fund 3180, Convention
Center Capital Improvement Program Fund to and appropriating
in Fund 4710 Visitors Facility Fund, appropriating and transferring
$5,156.22 of unappropriated interest earnings from Fund 3181,
Convention Center 2002 Capital Improvement Program Fund to
and appropriating in Fund 4710 Visitors Facility Fund; and
transferring $55,000 from Reserve Appropriation in Fund 5110
Maintenance Services Fund to and appropriating in Fund 4710 for
repairs to the freight elevators at the Convention Center;
amending the FY 2006-2007 Operating Budget adopted by
Ordinance No. 026908 to increase appropriations by $75,820.61
and amending the 2007 Capital Budget adopted by Ordinance
No. 026997 to increase appropriations by $20,820.61.
(Attachment # 9) (Requires 2/3 vote)
10, Resolution of the City of Corpus Christi, Texas authorizing the
South Texas Aggregation Project, Inc. (STAP) to negotiate an
electric supply agreement for deliveries of electricity effective
January 1, 2008; authorizing the City Manager to sign a contract
with STAP for the City of Corpus Christi's 2008 and, if
economically feasible, 2009 electricity needs; and committing to
budget for energy purchases in 2008 and, if economically
feasible, 2009 and to honor the City of Corpus Christi's
commitments to purchase power for its electrical needs in 2008
and, if economically feasible, 2009 through STAP. (Attachment
# 10) (Requires 2/3 vote)
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PRIORITY ISSUES
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agenda summary)
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Regular Council Meeting
May 15, 2007
Page 5
Resolution approving the Corporate Resolution of the South
Texas Aggregation Project (STAP), inc. regarding transfer of
funds to A.G Edwards. (Attachment # 11) (Requires 2/3 vote)
12 Second Reading Ordinance Amending Chapter 14
"Development Services," Article 11 "City of Corpus Christi
Technical Construction Codes," Division 8 "Residential Code,"
Section 14-291 "Residential Construction Code," of the Code of
Ordinances, to amend the definition of townhouse; providing a
penalty clause, providing for publication; and providing for an
effective date. (First Reading 05/08/07) (Attachment # 12)
13.a.. Motion to amend prior to second reading the Ordinance
amending Corpus Christi Code of Ordinances, Chapter 17,
regarding hotel occupancy taxation, to provide listing of exempt
State officials, provide that tax due on amounts received by hotel,
and provide reasonable notice to hotel of record review or audit.
(Attachment # 13)
13.b Second Reading Ordinance - Amending the Code of Ordinances,
City of Corpus Christi, Chapter 17, regarding hotel occupancy
taxation; providing for penalties; providing for publication. (First
Reading 05/08/07) (Attachment # 13)
I. PL3LIC HEARINGS:
14,a. Public hearing to consider amending Chapter 53 "Traffic", Article
IX "Vision and Passage Obstructions," Section 53-263
"Obstructing Street and Sidewalk Traffic, and Public Right -of -Way
Generally," of the Code of Ordinances, City of Corpus Christi and
Chapter 59 "Zoning," Article 33 "Supplemental Sign Regulations,
Permits, Plats and Filing Fees," Section 33-1.02.06 "Exempt
Signs" of the Code of Ordinances, City of Corpus Christi, to
provide an exemption from regulation for certain A -Frame Signs
in the downtown area (Attachment # 14)
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
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2007 127
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May 15, 2007
Page 6
14.b. Ordinance amending Chapter 53 "Traffic", Article IX "Vision and
Passage Obstructions," Section 53-263 "Obstructing Street and
SidewalkTraffic, and Public Right -of -Way Generally," of the Code
of Ordinances, City of Corpus Christi and Chapter 59 "Zoning,"
Article 33 "Supplemental Sign Regulations, Permits, Plats and
Filing Fees," Section 33-1.02.06 "Exempt Signs" of the Code of
Ordinances, City of Corpus Christi, to provide an exemption from
regulation for certain A -Frame Signs in the downtown area;
providing for a penalty clause, providing for publication.
(Attachment # 14)
ZQNINf3 CASES:
15, Case No. 0407-01, Shaws Development Joint Venture: A change
of zoning from a "R -1B" One -family Dwelling District to a "R-1 C"
One -family Dwelling District on property described as 13.686
acres out of Lots 9, 10, and 11, Artemus Roberts Subdivision,
located approximately 1,600 feet west of Rand Morgan Road and
4,000 feet south of Leopard Street, (Attachment # 15)
Planning Commission and Staffs Recommendation: Approval of
a "R -1C° One -family Dwelling District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Shaws
Development Joint Venture, by changing the zoning map in
reference to 13.686 acres out of Lots 9, 10, and 11, Artemus
Roberts Subdivision, from "R -1B" One -family Dwelling District to
"R -1C" One -family Dwelling 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)
16 C4se No. 0407-02, The Ecallaw Family Trust: A change of zoning
from a "R -1B" One -family Dwelling District to a "B-1"
Neighborhood Business District on property described as Mesa
Addition, Block 1, Lots 19 and 20, located at the northwest
intersection of Violet Road and Blades Street. (Attachment # 16)
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
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Regular Council Meeting
May 15, 2007
Page 7
Pl;nning Commission and Staffs Recommendation: Approval of
a "B-1" Neighborhood Business District,
ORDINANCE
Amending the Zoning Ordinance, upon application by the Ecallaw
Family Trust, by changing the zoning map in reference to Mesa
Addition, Block 1, Lots 19 and 20, from "R -1B" One -family
Dwelling 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. (Requires
2/3 vote)
17 CNse NQ. 0407-03, Rupert H. Kronke: A change of zoning from a
"R -1B" One -family Dwelling District to a "B -1A" Neighborhood
Business District on property described as 3.6 acres out of Tract
7, Abstract 850, Survey 422, located on the east side of Carbon
Plant Road, between 'interstate Highway 37 and Up River Road.
(Attachment # 17)
PI,nino Commission and Staffs Recommendation: Approval of
a "B -1A" Neighborhood Business District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Rupert H.
Kronke, by changing the zoning map in reference to 3.6 acres out
of Tract 7, Abstract 850, Survey 422, from "R -1B" One -family
Dwelling District to "B -1A" 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. (Requires
2/3 vote)
Case No, 0407-04, A -Z Calallen, LLC: A change of zoning from
a "B-1" Neighborhood Business District to a "B-4" General
Business District on property described as Yarbrough Addition,
Lots 6, 7, and 8, located on the west side of Airline Road, and
approximately 700 feet south of Holly Road, (Attachment # 18)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
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Regular Council Meeting
May 15, 2007
Page 8
Planning Commission and Staffs Recommendation: Denial of the
"B-4" General Business District and in lieu thereof, approval of a
Special Permit subject to a site plan and three (3) conditions.
ORDINANCE
Amending the Zoning Ordinance. upon application by the A -Z
Cafallen, LLC, by changing the zoning map in reference to
Yarbrough Addition, Lots 6, 7, and 8, from "B-1" Neighborhood
Business District to "B-1/SP" Neighborhood Business District with
a Special Permit for a 7,500 -square foot Auto Parts and Sales
Building with no service bays, subject to a site plan and three (3)
conditions; 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)
J. REGULAR AGENDA
CONSIDEPATIQN OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
19. First Reading Ordinance - Amending the Code of Ordinances,
Section 23-76, Smoking Prohibitions, subsection (b), by enacting
new subpart (7) to exempt tobacco specialty stores; providing for
a penalty; establishing an effective date; and providing for
publication. (Attachment # 19)
20.a. Ordinance authorizing $334,000 from the 2005 Street General
Obligation Bond Fund No. 3541 to pay the Hogan Development
Company, L.P., request for reimbursement of one-half of the cost
of construction of the extension of Oso Parkway adjacent to the
proposed conservation park and appropriating $177,019.63 from
the Water Arterial Transmission and Grid Main Trust Fund No.
540450-21805-4030 to pay the Hogan Development Company,
L.P., reimbursement request for the installation of 3,000 -linear
feet of a 12 -inch PVC water grid main to develop Terra Mar.
(Attachment # 20) (Requires 2/3 vote)
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
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Regular Council Meeting
May 15, 2007
Page 9
20.b. Ordinance authorizing the City Manager to execute a
Development Agreement with Hogan Development Company,
L.R. for infrastructure improvements required to complete the
Terra Mar residential development project. (Attachment # 20)
(Requires 2/3 vote)
K. PISENTATIONS:
Public comment will not be solicited on Presentation items.
21 Crane Control and Prevention District Quarterly Project Update
(Attachment # 21)
22 Overv' w of blic/Private artner ips for Re it Develop nt
in Stat of Texas (Nfachmetqf # 22)
Pl3LIC COMMENT FROM THE AUDIENCE ON MATTERS
NQT SCHEDULED ON THE AGENDA WILL BE HEARD AT iA RO$IMATELY 14;00 P.M. OR AT THE END OF THE
CL MEETING, WHICHEVER IS EARLIER. PLEASE
LT 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.)
Si Listed se dirige a la junta y cree que su ingles es limitado, habit un interprete
Ings-espanol en la reunion de la junta para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BORATE, 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.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
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Regular Council Meeting
May 15, 2007
Page 10
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
M. E*ECUTIVE 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.
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.
23 LEGISLATIVE UPDATE:
Consideration of resolutions and actions deemed appropriate by
the City Council as to legislative issues before the 80th Texas
Legislature.
24 CiTY MANAGER'S REPORT
Upcoming Items
25. MAYOR'S UPDATE
26. COUNCIL AND OTHER REPORTS
Agenda
Regular Council Meeting
May 15. 2007
Page 1
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
O. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance
to City Hall, 1201 Leopard Street, at p't: 3Q p.m., May 11, 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.
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
May 15, 2007
CONSENT AGENDA:
H. Garrett
B. Chesney
7M. Cooper
J. Garcia
B. Kelly
R. Kinnison
J. Marez
r
J. Noyola
M. Scott
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CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
May 15, 2007
H. Garrett
B. Chesney
M. Cooper
J. Garcia
B. Kelly
R. Kinnison
J. Marez
/-4
J. Noyola
/
M. Scott
n
Cl
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