HomeMy WebLinkAboutReference Agenda City Council - 04/15/200811:45 A.M. - Proclamation declaring April -1 t 2008 a " .EPC - Local Emergency Planning Committee Day"
Proclamation declaring April 16, 2008 a "National Start! Walking Days
Proclamation declaring the week of April 13-19, 2008 as "National Crime Victim's Fights Week"
Proclamation declaring the week of April 14-20, 2008 ars "Hospital Volunteer Week"
Proclamation declaring the month of April, 2008 a "National Fair Housing Month"
"Certificate of Commendation for Incarnate Word Academy — Elementary Level"
"'Certificate of Commendation for Flour Bluff Navy Junior ROM 2008 National Champions"
Swearing -ire ceremony of newly appointed Board: Commission and committee members
"At Your Service" Award, city Staff Recognition
AGENDA
CITY of CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY MALL = COUNCIL CHAMBERS
1201 LEOPARD
CORPUS CHRISTI, TEXAS 78401
APRIL 1 , 2008
10:00 A. M.0
PUBLIC NOTICE- THE USE of CELLULAR PHONES AND SOUND ACTIN A TED 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 erre!
of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name
acrd address. Yourpresentation will be limited to three minutes. lfyou have a petition or other in orf ation pertaining to
your subject, please present it to the City Secretary,
Si fisted de ea dirrgirse al Concilio y cree gue su ingl s es limitado, habrd un in rprete ingFf s sparlol erg Codas las etas
del Concilio para ayudarle.
Persons with disabilities who plea -to attend this meeting and who may reed 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 erran a eats can be
made.
A. Mayor Henry Garrret# to call the meeting to order.
, Invocation to be given by Pastor Ell Cornelius, Bay Area Fellowship church. t,�
C, Pledge of Allegiance to the Flag the United states. Nlarcz
D. City Secretary Armando Chapa to call the roil of the required Charier Officers.
Mayor Henry Garrett �VL�
Mayor Pro Tem Bill Kelly
Council Members:
Melody cooper
Larry Ellod, Sr,
Mike H m ell
Priscilla G. Leal
Michael McC tchon,
John E. f fare
Nelda Martine
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Ass\Sk C,�CK(
� Ivy �cc.�tKi�
Agenda
Regular Council Meeting
April 15, 2008
Page 2
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summery)
F, BOARDS & COMMITTEE APPOINTMENTS: (NONE)
G. EXPLANATION of COUNCIL ACTION.
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, orordinances., 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, CITY MANAGER'S REPORT
Up o ing Items
r.
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 err each iter sudor it
has been discussed at a previous meeting. All items will be acted upon by
one vote without being discussed. separately unless reques edby a-Councit
Member or a citizen,, in which event the item or 'it rrrs will imm diately 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)
' . motion authorizing the City Manager r his designee to accept a
grant in the amount of $99,980.91 from the Governor's Division
f Emergency Management, Texas Department of Public Safety,
for funding eligible under the FY 2008. Local Border Security
Program and to execute all related documents. (Attachment# 1
2008 097.
Agenda
Regular Council Meeting
April 15, 2008
Page 3
CITY couNciL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
1. . ordinance appropriating $99,980.91 from the Governor's
Division of Emergency Management, Texas Department of
Public safety in the No. 1061 Police Grant Fund for overtime
associated with the Border star Program. (Attachment # 1
2. ordinance appropriating $209,484 from the Unappropriated
Fund Balance designated for Municipal Court facility security
including two Deputy city Marshals, vagrant Found Up
overtime, portion of leased space at Wilson Plaza, and
temporary security services; changing the FY 2007-08 operating
Budget adopted by ordinance N. 0232 to increase
appropriations by $209,484. (Attachment # 2
3. ordinance appropriating $241,400 from the Municipal court
Technology Fund for Municipal Court technological
improvements including video conversion, proximity readers,
Mentalix Live Scan equipment, Cain Manager,Walk-in Manager,
cameras and other defined equipment for enforcement; changing
the FY 200-2008 operating Budget adopted by ordinance No.
027352 to increase appropriations by $241,400. (Attachment
3
. ordinance appropriating $82,479 from the Municipal court
Judicial Improvement Fuad to MrO temporary' staff,- overtime. for
the Warrant Found alp, and for the leased' space for Municipal
Court at the Wilson -Plaza; changing the FY 2007-2008
Operating Budget adopted by ordinance No. 0232 to increase
appropriations by $82,479. (Attachment # 4)
Motion authorizing the City Manager or his designee to execute
a construction contract in the amount of $290,000 with F. S.
Black civil Contractors, of corpus Christi, Texas for Port
Avenue/Pearse Drive lift station Odor Control System.
(Attachment # 5
. Motion authorizing the city Manager or his designee to execute
Job order Contract with Nuway International Inc., of Corpus
Christi, Texas in the amount of $88,901.30 for Americans with
Disabilities Act (ADA) Compliance — Sidewalk Accessibility
Improvements for Persons with disabilities on the east side of
Weber Road from Staples Street to McArdle Road. d. tt c m nt
# 6)
027653
027654
027655
027656
2008 099
Agenda
Regular Council Meeting
April 15, 2008
Page
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
. Motion authorizing the City Manager or his designee to issue a
permit for the temporary street closure of Windward Drive from
Whitecap Boulevard to the end of Windward Drive, on Friday,
April 18, 2008 at 10:00 a.m. through Saturday, April 19, 2008 at
10:00 p.m., for the "l st Annual Padre Islam Block Party," upon
meeting the conditions and requirements for permit in Section
49-17. Attachment # 7
8. Motion approving a revised economic incentive agreement with
fueces Bay WILE, LP and Barney M. Davis, LP for the
redevelopment and operation of the Iueces Bay Poorer Plant
and the Barney M. Davis Power Plant. (Attachment # 8
. Second ReadincY Ordinan Abandoni and vacating a
7,293 -square oot portio o' wide x 145' Ion of an
undevelop and uns aced, dad' ted public ght-of-ver y
(Charlot Drive) out Lot 1, Bloc , and Lot 1, ock 2, Tr is
Heig Unit 2, adja ent to and s th of the Mlle ' erranea rive
pub' right -of -w , subject t owner's co liance ith the
Sp cified coedit' ns. (First R ding 0410810 Attachment ## g
10. Second Reading Ordinance - Amending the Code of Ordinances,
Chapter 2 "Administration," by creating the Clean City Advisory
Committee and enacting enabling provisions; providing for
publication. (First Reading 04108108) (Attachment# 10
J. PUBLIC HEARINGS:
11. Public Hearing and First Reading Ordinance amending the
Zoning Ordinance by revising Article 27B., ;`Landscaping
Requirements"; and providing for publication. (Attachment # 11)
ZONING CASES:
12. Case N o. 0108- 4, J. ,Golden Properties, _ Inc.: A change of
zoning from an "AT" Apa rtme nt-To u rist D i strict to a n "AT/P T PUD -2„
Apartment -Tourist District with a Planned Unit Development -2
Overlay on property described as Brooklyn subdivision, Block
19, Lots 1 through g, 11, A and B, located on the east side of
Gulfbree a Boulevard, between Neal and Hayes Streets.
(Attachment # 1 2
Planning Commission & Staff's Recommendation: , Approval of
coos goo
0,M C,�,Jed
2008 101
as
01 -me, -
Agenda
Regular Council fleeting
April 15, 2008
Page
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Planning Commission & staffs Recommendation: Approval of
an "AT/PUD-2" Apartment -Tourist District with a Planned Unit
Development — 2 overlay, subject to ten 10 conditions.
ORDINANCE
Amending the Zoning ordinance, upon application by J. Golden
Properties, Inc., by changing the Zoning clap in reference to
Brooklyn n subdivision, Block 19, Lots 1 through g, 11, A and B,
from "AT" Apartment -Tourist District to "AT PUD -2" Apartment -
Tourist District with a Planned Unit Development -2 Overlay,
subject to a Site Plea and ten 1 conditions; amending the
Comprehensive Flan to account for any deviations from the
existing Comprehensive Plan; providing a repealer clause.;
providing a penalty; providing for publication.
13. Case._ o. 0308-03, Foss Cocke: A change of zoning from
113" One -Family Dwelling District to a "R -IC" one -Family
Dwelling District on property described as o. 12 acres, a portion
of Alameda Estates, Block 8, Let 9, located on the east side of
Robert Drive, approximately seventy-five feet north of Walton
Drive. (Attachment # 13
Planning nnin Commission & Staff's Recommendation;, Approval of
the "R -IC" one -Family Dwelling District.
ORDINANCE
Amending the Zoning Ordinance, upon application by moss
Cocke, by changing the Zoning Map in reference to 0.12 acres, a
portion of Alameda Estates, Block 3, Lot g, from "-1 B" One -
Family Dwelling District to "R -1C" One -Family Dwelling District}
amending the Co rn prehen sive Plan to a count for any deviations
from the existing comprehensive Plan; providing a repealer
clause; providing a penalty; providing for publication.
14. Case No. _ 0308-04,,. odllia and R.H. Gonzalez: A change of
zoning from an "AB" Professional Office District to a "B-1"
Neighborhood Business District on property described as Mt.
Vernon, Block 1 # Lot 13-B, located at the south rest intersection
of Everhart Road and McArdle Road. (Attachment ## 14)
027658
0 o-lw
�'7 6 5 9
Agenda
Regular Council fleeting
April 1, 2008
Page
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary
Planning Commission & S aff sommend t� Approval of
the "B-1" Neighborhood Business District. _
ORDINANCE
ANCE
Amending the Zoning ordinance, upon application by odilia and
R.H. Gonzalez, by changing the Zoning Map in reference to Mt.
Vernon, Block 1, Lot 13-B, from "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.
15. Case No, 0308-01 Whatabur er meal Estate LP: A change of
zoning from an "A-1" Apartment Meuse District to a "B-1 "
Neighborhood Business District on property described as
Parkdala pillage, Bleck 4, Lots 8, 91 101 11 -At 11-B and 11-C,
located at the southwest intersection of Goll Thar Road and
Whataburger Way. (Attachment # 15)
Planning Commission & Staffs Recommendation: Denial of the
-1" Neighborhood Business District, and i n lieu thereof,
approval of the "B-1 A" Neighborhood Business District.
ORDINANCE
Amending the Zoning Ordinance, upon application b
1lhataurger Deal Estate LP, by changing the Zoning flap in
reference to Parkdale pillage, Block 4, Lots 8, 9, 10, 11-A, 11 -B
and 11-C, from "A-1" Apartment House District to "B_1 K'
Neighborhood Business District; amending the Comprehensive
Plan to account for any deviations from the existing
Comprehensive Pian; providing a repealer clause; providing a
penalty; providing for publication.
027660
027661
Agenda
Regular Council fleeting
April 15, 2008
Page
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Ke REGULAR AGENDA
ONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
16. (lotion authorizing the City Manager or his designee to develop
and enter into a three- ear contras ith two one- ear renew
tions between t i of Cor s Christi Tec and Hugen
ty .
Inc., of Louis ' , Kentucky administer the qty's self- nded
health a dental plans, provide and minister rovider
negro and to provi for a ontrao for speifi stop loss
i2008 102
ns anoe ooverag and pharrna benefit anagernent.
aohrnent # 16)
17. Motion uthoriing th pity liana rto exec to a llllerr�o ndur-r
errent be en the flet an' Lan oard f th state of avv\
Te s and Nue s County rerrcans'C.
the City (Corpus risti fort
F tabof Aglishmen of a State etery. A hrnent 7)
18. First Beading ordinance — Amending the Code of Ordinances,
Chapter 49 `Streets and Sidewalks," Article l "in General,"
Division r `Generally," Section 49-10 "Duty of abutting owners,
etc., to keep sidewall s clean" by revising the language to include
the curb and gutter portions and add debris resulting from
leaves; providing for penalties; and providing for publication.
(Attachment 18)
19. Resolution authorizing the City Manager to execute a
Termination and Asset Transfer Agreement among EarthLink,
Inc., City of Corpus Christi, Teas, and the CC Digital
Community Development Corporation, to terminate the W1- Fi 027662
Network Asset Purchase Agreement, Wi-Fi Network Services
Agreement, and Wi-Fi Network Franchise Agreements among
the parties, and (2) transfer the W'I'-Fl Network assets from
Ea rth Li n k to the City of Corpus Christi, Te as. (Attachment # 1 g
20.at. Resolution adopting the FY 2008 - FY 2012 Consolidated Plan,
which includes the Community Development Block Grant
(CDBG), HOME Investment Partnerships (HOME) and
09
Emergency shelter Grant (ESG) Programs; authorizing the City 7663
Manager or his designee to submit the FY 2008 — FY 2012
Agenda
Regular Council Meeting
April 15, 2008
Page
CITY COUNCIL
CIL
PRIORITY ITY ISSUES
(Defer to legend at the end of the
agendassummary)
Consolidated Plan to the U.S. Department of Housing and Urban
Development (HUD); and authorizing the City Manager or
designee to make changes in the FY 2008 — . FY 2012
Consolidated Plan if required by HUD. Attachment # 20)
2.b. Resolution adopting the FY 2008 consolidated Annual Action
Plan which includes the Community Development Block Grant
(CDBG), HOME Investment Partnerships(HOME) and
Emergency Shelter Grant (ESG) Programs; authorizing the City
Manager or his designee to submit the FY 2008 Consolidated
Annual Action Plan to the U.S. Department of Housing and
Urban Development (HUD); and authorizing the City Manager or
designee to male changes. to the FY 2008 Consolidated Annual
Action Plan if required by HUD. (Attachment # 20
L. PRESENTATIONS:
TATIONS:
Public comment will not be solicited on Presentation items.
21. Second Quarter Report on the City's Americans with Disabilities
(ADA)Title 11 Transition Pian and Non, -Discrimination Ordinance
(Attachment # 21
22. Upda on Dev� pment Serv� Process Ir�pr�over�nts
(A chment #22)
Me PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA 1 ILL BE HEARD AT
APPROXIMATELY IMATEL 12:00 P.M. OR AT THE END of THE
COUNCIL MEETING, WHICHEVER IS EARLIER. . PLEASE
LIMIT PRESENTATIONS To THREE MINUTES, IF YOU PLAID
To ADDRESS THE COUNCIL DURING THIS TIME PERIOD.,
PLEAS' SIGN THE FORS! 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 m crophone
located at the podium arra state your name and address. If you have a petition
or other information pertaining to your subject, ect, please present It to the City
Secretary.}
Si rested se dirge a la junta y creee su ingl s es limitado, habrd un
int rprete irrgl s-espar"ol err la r uni n de la junta para ayudarle.
PER CITY COUNCIL POLICY NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS of THE AUDIENCE SHALL
02 7 6 6 4
Arg
Agenda
Regular Council Meeting
April 15, 2008
Page 9
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
PERSONAL DISRESPECT FOR ANY MEMBER of THE
S ' , COUNCIL MEMBERS., of THE PUBLIC AT ANY
COUNCIL MEETING, THIS POLICY Is NOT MEANT To
RESTRAIN A CITI N"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 559 of the Texas Govern ment code,
and that the City Council specifically expects to goo 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 au hofiziong the executive session
will be publicly announced by the presiding office.
23. Executive session under Texas Government code Section
551.071 regarding cause No. C-06-133, Cody Sithers, Jeff
birn and Horne Sharing Individuals 1-19 at 326 Meldo Park,
Corpus Christi, Texas, a.k.a. Sa eplace yrs. city of Corpus
Christi, and request for accommodation under the Fair Housing
Amendment ent Act, with possible discussion and action related
thereto in open session.
24. Executive session under Texas Government Code, 'Section
551.071, regarding Texas Commission on - Environmental
Quality, Notice of Enforcement Action, city of Corpus Christi;
RN100224724# Docket No. 2008 -0051 -MSW -E; SW -Et Enforcement
Case No. 35183, with possible discussion and action related
thereto in open session.
o. ADJOURNMENT:
POSTING STATEMENT;
This agenda was posted on the city's official bulletin board at the front
entranceto City Hall, 1201 Leopard Street, t s � p.m., on April 9, 2098.
0..�A a
Armando Chapa 0
City Secretary
2oa.8 jos
e
2008104
Agenda
Regular Council Meeting
April 15, 200
Page 10
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 Horne
Page at www.teae.r atter 7:00 p.m. on the
Wednesday before regularly scheduled co un elI meetings.
It technical problems occur, the agenda will be uploaded
on the Internet by Thursday morning.
Symbols used to highlight action Items that implement
council goals are on attached sheet.
1 . Motion authorizing the City Manager or his designee to develop and eater into a
three -gear contract with two one-year renewal options between the City of
Corpus Christi, Texas and FAA Benefit services, Inc. of Mandeville, L, to
provide a provider network, which includes spohn Health Care system as the
provider network, to administer the City's self-funded health and dental plans,
and to provide for a contract for specific stop loss insurance coverage and
pharmacy benefit management, 2008 102
23. Motion authorizing City Manager to enter into an agreement with residents of 326
Meldo Park, granting the request for an accommodation under the Fair Housing
Amendment Act, allowing six permanent residents to live on the property with
conditions as agreed. 2008 103
24. Motion to accept the revised terms of the proposed Agreed order, Docket No.
2008 -0051 -MSW -E, Case No. 35183, with the Texas Commission on
Environmental Quality, and authorize the City Manager or his designee to
execute all related documents. 2008 104
City Council Goals 2007-2009
Develop Street Plan
5P&M F
�� Texas A&M University—Corpus Christi
Expansion
7947
%Pus 00C�
Neighborhood Improvement Program
■ ■ {NIP} and Model Block Expansion
Development Process Improvement
Bond- 2008
Coliseum Plan
Illi
Master Plan Updates
Improve Code Enforcement
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
April 15. 2008
CONSENT AGENDA:
C)
Page of
H. Garrett
sz
41j/
M. Cooper
V/
I/
j
L. Elizondo, Sr.
V/1
M. Rummell
B. Kelly
P. Leal
M. McCutchon
J. Marez
N. Martinez
✓
C)
Page of
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
April 15. 2008
L
Page a of
I
I WA d
WAA
WA
�Jn►AI
�N�I►I
WA
IWA
I ML a
I
IVA
9 ,
&AM
I
�o�r:�uuu
IIVA
WAWArd�w��ww�
va
Page a of