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HomeMy WebLinkAboutReference Agenda City Council - 11/18/200811:45 A.M. - Proclama8on declaring November 18, 2008 as "Selena Auditorium 30s` Anniversary' ProciamaGon declaring the week of November 16-22, 2008 as "National Hunger and Homelessness Awareness Week proGamation declaring the month of November 2008 as "National American Indian Heritage Month" Commendation: Kalyn Davidson, 2008 Texas Amateur Athletic Federation Athlete of the Year Award Swearing-!n Ceremony of newly appointed Board, Commission and Committee members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 NOVEMBER 18, 2009' 10:00 A.M. ~ PUBLIC NOTICE -THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED /N THE C/TYCOUNCIL CHAMBERS DURING MEET/NGS OFTHE CITYCOUNCIL. Members of the audience will be provided an opportunpyto address the Council at approximately 12:00 p.m. oral the end ofthe Council fNeeGng; whicheverls earlier. Please speak Into the microphone located at the podium and state yournama and address. Your presentation will be limited to three minutes. if you have a pebdon or other in/orrnaUon pedaining to yoursubjed, please present it to the Cky Secretary. S! Usted desea dirlgirse al Concilio y~ree que su /nglAs es llmitado, habr3 un intBrprete inglds-espatfol en todas lasjuntas del Concilio pare ayudade. Persons w/th disaWllt/es who plan to attend this meeting and who may need auxiliary aids or services are requested to confect the Clty Secretary's otrlce (at 361-826-3105) at leasf 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 Father Sean Maloney, St. Bartholomew's fEpiscopal Church. C. Pledge of Allegiance to the Flag of the United States. ~ I~Q I D. C to call the roll of the re ulred Charter ers ity Secretary Armando Chaps q c Mayor Henry Garrett Mayor Pro 7em Michael McCufchon Council Members" Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla Leal John Marez Nelda Martinez City Manager Angel R. Escobar +~ City Attorney Mary Kay Fischer City Secretary Armando Chaps E. MINUTES: (NONE) Agenda Regular Council Meeting November 18, 2008 Page 2 F. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ,ttachment # 1) 1. * Citizens Advisory Health Board * Community Youth Development (78415) Program Steering Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda kerns are listed as motions, resolutions, orordlnances. Ifdeemed appropriate, the City Council will use a diff@rentmethod of adopt/on from the one listed; may f)naky pass an ordinance by adopting k as an emergency measure rather than a rivo reading ordinance; or may modffy the action specified. A motion to reconsider maybe made at this meeting of a vote at the last regular, or a subsequent specie! meskng; such agendas are Incorporated herein forreconsideretlonsnd action on any reconsidered item. - H. CITY MANAGER'S REPORT: (NONE) ~~~~~r fI' (D~ I. CONSENT AGENDA I ~ ~ ' C Notice to the Publics ~ I ~~q ~ 11 aab) ~ The foltowing Items are of a routine or administrative nature. The Council has been furnished with background and support material on each Item, and/or k has been discussed at a previous meeting. All kerns 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 /n ks normal sequence afl`er the kerns not requiring separate discussion have been acted upon. The remaining kerns will be adopted by one vote. (At this point the Counctl will vote on all motions, reso/utrons and ordinances not removed forindNldual consideration) 2. Motion approving a Municipal Lease Line of Credit with Frost National Bank in accordance with Bid Invftatioh No. BI-0009-09 based on most advantageous bid for an estimated annual expenditure of $113,400. The term of the contract is for 24months with options to extend for up to two additional 12- month periods, subject to the approval of the contractor and the Ciry Manager, or his designee. (Attachment # 2) >I4-15.1~ai~ '~ '.'iO 52:1~~.vn I(q~f ~~) ~'~-c~ t Z. 33 3.31 2008 291 Agenda Regular Council Meeting November 18, 2008 Page 3 CITY COUNCIL PRIORITY ISSUES (Rater to legend at the end of the agenda summary) 3. Motion approving the lease/purchase of one (1) Peterbilt truck tractor from Rush Truck Centers of Texas, LP, of Houston, Texas for a total amount of $152,833. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The truck tractor is an addition to the fleet and will be used by Solid W aste Services. Financingforthetrucktractorwillbeprovidedthrough the City's lease/purchase financing program. (Attachment # 3) 4. Motion approving the purchase of five (5) 2009 Compressed Natural Gas Compact Sedans in accordance with Bid Invitation No. BI-0042-09 from Lute Riley Honda, of Richardson, Texas based on most advantageous bid for a total of $128,800. Funding is available from the FY08-09 Capital Outlay Budget in the Fleet Maintenance Fund. (Attachment # 4) 5.a. Motion authorizing the City Manager or his designee to execute a contract with the Texas Department of Family and Protective Services for funding in the amount of $500,000 from the Community Youth .Development Program for the 78415 Zip Code for projects as recommended by the Community Youth Development Steering Committee for FY 2008-- 2009, Contract Period September 1, 2008 through August 31, 2009. (Attachment # 5) 5.b. Ordinance appropriating $500,000 from the Texas Department of Family and Protective Services in the No. 1060 Community Youth Development Fund to fund the Community Youth Development Program in the 78415 Zip Cade for FY 2008-2009 contract period September 1, 2008 through August 31, 2009. (Attachment # 5) 5.c. Motion authorizing the City Manager or his designee to execute a subcontract with the Boys & Girls Club of Corpus Christi in the amount of $50,000 to provide services for youth ages 6 to 17 in the 78415 Zip Code. (Attachment # 5) 5.d. Motion authorizing the City Manager or his designee to execute a subcontract with Communities In Schools, Corpus Christi, Inc. in the amount of $86,000 to provide services for youth ages 10 to 17 in the 78415 Zip Code. (Attachment # 5) 2008.292 2008 293 2008 294 027940 2008 295 2008 296 Agenda Regular Council Meeting November 18, 2008 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend et the end of the agenda summary) 5.e. Motion a orizing the City Hager or his desi a to execute a sub ntract with Plan d Parenthood of th Texas in a nt of $30,000 t rovide services for uth ages 10 t in e 78415 Zip Co . (Attachment # 5 5.f. Motion authorizing the City Manager or his designee to execute a subcontract with the YMCA of Corpus Christi in the amount of $35,000 to provide services for youth ages 14-17 in the 78415 . Zip Code. (Attachment # 5) 5.g. Motion authorizing the City Manager or his designee to execute a subcontract with YWCA of Corpus Christi in the amount of $50,000 to provide services for girls in the 4"' , 5~' & 6~' grades in the 78415 Zip Code. (Attachment # 5) 5.h. Motion authorizing the City Manager or his designee to execute a subcontract with Youth Odyssey in the amount of $30,000 to provide services for youth ages 11 to 17 in the 78415 Zip Code. (Attachment # 5) 5.i. Motion authorizing the City Manager or his designee to execute a subcontract with Nueces County MHMR in the amount of $30,000 to provide services for youth ages 10 to 17 in the 78415 Zip Code. (Attachment # 5) 5.j. Motion authorizing the City Manager or his designee to execute a subcontract with SERCO of Texas in the amount of $60,000 to provide services for youth ages 10-17 in the 78415 Zip Code. (Attachment # 5) 6.a. Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Parks and Wildlife Department's Safe Boating Access Program in the amount of $500,000 for reconstruction of boat ramp located near John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel; with City grant match of $50,000 in the No. 3289 Park and Recreation Capital Improvement Program (CIP) Fund, and additional $117,000 grant matches from the Coastal Bend Bays and Estuaries Program, and Saltwater Fisheries Enhancement Association, and archftectural services from Robert Floyd, for total project cost of $667,000. (Attachment # 6) dete~cc~ 2008 297: 2008 298 2008 299 2008 300 2008 301 02794-1 Agenda Regular Council Meeting November 18, 2008 Page 5 CITY COUNCIL -PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6.b. Resolution authorizing the City Manager or his designee to execute an agreement with Coastal Bend Bays and Estuaries Program, Texas Parks and Wildlife Department, Texas General Land Office, Texas Department of Transportation, and the Saltwater Fisheries Enhancement Association concerning 0 2 ~ 942 development of coordinated plan to remedy the boat ramps and parking lot located near the John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel. (Attachment # 6) 7. Ordinance authorizing the City Manager or his designee to execute afive-year lease agreement with Incarnate Word Academy (IWA) forthe use of Dick Runyan Field at Evelyn Price Park during IWA baseball season of January 1 through May 30 0 2'7 9 4 3 in consideration of IWA construction of field improvements of minimum estimated value of $35,000, and IWA maintaining the premises. (Attachment # 7) 8.a. Ordinance appropriating $87,588.73 from the Unreserved Fund Balance in the Reinvestment Zone No. 2 Fund 1111 for contractor mobilization, demobilization and other construction suspension costs for the Packery Channel Boat Ramp Parking ~ 2 ~ 9 4 Lot and Access Road as per Change Order No. 2 to the construction contract with Garrett Construction of Ingleside, Texas; changing the FY 2008-2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $87,588.73. (Attachment # 8) 8.b. Motion authorizing the City Manager or his designee to execute Change Order No. 2 to the construction contract with Garrett Construction of Ingleside, Texas, in the amount $87,588.73 fora th P k 8 76 f n ®®~ 3 Q 2 or e ac . ery revised total contract price of $845,41 G Channel Boat Ramp Parking Lot and Access Road FY 2007- 2008 for contractor mobilization, demobilization and other construction suspension costs. (Attachment # 8} 9. Motion authorizing the City Manager or his designee to execute 2 0 8 3 0 3 a Contract for Professional Services with Chuck Anastos Associates, LLC, of Corpus Christi, Texas in the amount of • $112,782 for the Broadmoor Senior Center Improvements project. (CDBGIBOND 2008) (Attachment # 9) Agenda Regular Council Meeting November 18, 2008 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of iha agenda summary) 10. Motion authorizing the City Manager or his designee to execute a Reimbursement AgreementwithTisrra Pipeline Group, LLC, of San Antonio, Texas in the amountof $150,000 forthe Kingsbury 2 0 Q $ 3 0 4 Drive Bridge Replacement for relocation of existing utility lines. (Attachment # 10) 11.a. Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the Contract for Professional Services with Coym, Rehmet, Gutierrez Engineering, LP, of Corpus Christi, Texas in the amount of $62,400, for a total restated fee not to 2 0 0 8 3 0rj exceed $227,740, for the Street Overlays Cluster 1 for design and construction administration of ADA Curb Ramps. (Attachment # 11) 11.b. Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the Contract for Professional Services with LNV Engineering, Inc„ of Corpus Christi, Texas in the amountof th 980 f d $370 2 O 0 8 3 0 6 e or , , 870, for a total restated fee not to excee $205 , Street Overlays Cluster 2 and Cluster 4 for design and construction administration of ADA Curb Ramps and additional construction inspection of Clusters 2 and 4: (Attachment # 11) - 5,° e, A-1-.1-c~cf~eol 5~(~~lemen.k 12. Motion authorizing the City Manager or his designee to execute Change Order No. 3 to the construction contract with Haas Anderson Construction, Ltd., of Corpus Christi, Texas in an 2 ~ 0 8 3 0 8 amount not to exceed $129,005.17 for a restated not to exceed contract amountof $14,791,114.17 for water line revisions and tie-in beyond the original construction limits for the Bayfront Development Implementation Plan -Phase 1 Improvements. (Attachment # 12) 13.a. Motion authorizing the City Manager or his designee to execute a contract with the Center for Coastal Studies, Texas A&M 0 9 University -Corpus Christi not to exceed $167,882.57 far 2 0 0 ~ 3 Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project 2008-2009. (Attachment # 13) 13.b. Motion authorizing the City Manager or his designee to execute a contract with the Division of Nearshore Research, Texas A8M li it 719 f S 116 2 0 0 $ n y or a , University- Corpus Christi not to exceed $ 3 ~ Q and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2008-2009. (Attachment # 13) Agenda Regular Council Meeting November 18, 2008 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the entl of the agenda summary) 13.c. Motion authorizing the City Manager or his designee to execute a contract with the Harte Research Institute, Texas A&M University- Corpus Christi not to exceed $59,383 for Biological Monitoring associated with the Rincon Bayou Diversion Project 2008-2009. (Attachment # 13) 13.d. Motion authorizing the City Manager or his designee to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $188,215 far biological monitoring services associated with the Rincon Bayou Diversion Project 2008-2009. (Attachment# 13) 14. Second Reading Ordinance - Amending Section 2-75 "Membership; terms and filling vacancies," of the Code of Ordinances, regarding membership of the Library Board; providing for an effective date; and providing for publication. (First Reading -11/11!08) (Attachment # 14) 15. Second Reading Ordinance -Amending Section 2-78 "Lay Representative of City," of the Code of Ordinances, regarding selection of the Lay Representative of the City to the South Texas Library System; providing for an effective date; and providing for publication. (First Reading -11/11/08) (Attachment # 15) 16. Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 2 regarding membership in Youth Advisory Committee; providing for publication. (First Reading -11/11/08) (Attachment # 16) 17. Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, to impose lien for overdue utility bill; providing for publication; and providing an effective date of December 1, 2008. (First Reading- 11/11/08) (Attachment # 17) 200 8 2003 311 312 02'7945 02'7940 02794'7 02'7948 Agenda Regular Council Meeting November 18, 2008 Page 8 CITY COUNCIL PRIORITYISSUES (Refer to legend at the end of tha agenda summary) J. PUBLIC HEARINGS: ~, ~~~G ~Llzcwt,v~s ZONING CASE: ~'. 3~ Pm ~ .~ , 2~ 18. Case No. 1008-02. Jason and Kim Comstock: A change of zoning from an "F-R" Farm Rural District to a "RE" Residential Estate District resulting in a change of land use from vacant to residential on property described as a two acre tract of land out of Lat 33, Section 52, Flour Bluff and Encinal Farm and Garden Tracts, located on the east side of W aldron Road approximately one-half mile south of Yorktown Boulevard. (Attachment # 18) Planning Commission 8 Staffs Recommendation: Approval of a "RE" Residential Estate District. _.. _ ORDINANCE -- ~ 2~ 9 4 9 Amending the Zoning Ordinance, upon application byJason and Kim Comstock, by changing the Zoning Map in reference to a two acre tract of land out of Lot 33, Section 52, Flour Bluff and Encinal Farm and Garden Tracts, from "F-R"Farm Rural 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 for publication. STREET/ALLEY CLOSURES: 19.a. Public he ng and First Reading Ordinance - onsider abando g and vacating the A ue "F" public eet right-o n ~ S~ O ~~ way .248 acres) from the st Navigation ulevard p is }t' rig -of-way to the Breakw r Street public ' ht-of-way bject ~ ~~^a~~~llyl. t mpliance with spec' ed conditions. (ttachment 19) 19.b. Public he ring and Fi t Reading O finance -Consider abando ' g and vacati g a portion of a Texaco Ro street right- -way (0.384 a es), from the ast Navigatio oulevard OYIe pu c street right-of- ay, north ap ximately 278 et to the city P ~ ~ li d line; subject to complia a with specif d conditions. +~~,L~,v~,L ttachment # 19) Agenda Regular Council Meeting November 18, 2008 Page 9 CITY COUNCIL ' PRIORITY ISSUES (Refer to legend at Ne end of the agenda summary) 19.c. Public hear' and First . ading Ordinance -Consider ~ C~ abandoni and vacating portion of the Sig r Road str ~(~ ~0 ~ right-o ay (0.388 ac s), from East Nav' tion Boul rd, ""' ~ Wort approximate) 81 feet to the city mit line; s lest to ~~~,-~VLtw'1~ c pliance with s ecified conditions. ( achment 9) 19.d. Public hearing and Fir Reading 0 Hance -Cons' r f abando ' g and vac ng a portion the East Nav' ation ~~S~6Y1e Boule b public st et right-of-w (9.367 acres) rom the Ave a "F" public rest right-of- y, west approxi ately 5,857 ~~ ~(,t,JV` fe to the city ' it line; subje to compliance ith specified nditions. (A chment # 19) 20. Public hearing and First Reading Ordinance -Consider abandoning and vacating a 61,537.10-square foot portion of undeveloped and unsurfaced, South Oso Parkway dedicated public right-of--way; out of the Botanical Gardens Park Unit 4 Subdivision, located north of and adjacent to the South Staples Street (Farm to Market Highway 2444) public right-of-way; subject to compliance with specified conditions. (Attachment # 20) 21. Public hearing and First Reading Ordinance -Consider abandoning and vacating a 2,701.10-square foot portion of a 10- foot wide undeveloped and unsurfaced, dedicated public alley right-of-way, located between Lots 12 & 13, Block 43, Padre Island No. 2, adjacent to and northeast of the Playa Del Rey public right-of-way; subject to owner's compliance with specified conditions. (Attachment # 21) 22.a. Public hearin and First Reading O 'Hance -Consider ~~ e abandonin nd vacatin 2,488.43-s are foot porti of th ~~S Carmel P rkway publi ght-of-way, sated betwee he S h Stapl Street and ollihar Road s et rights-of- y; su ctto ow r'scompli cew(thspec(fi conditions. achment#22) (P STPONE 22.b. Public he ring and First Reading Orciinance -Consider ^r abando ' g and vac g a 5,040.17 quare foot rtion o ~~~~n~ dedi ed public ri -of--way, loca just west the S h Y S les Street p lic right-of-w ,and north the C el P rkway public ht-of--way; su ect to complia with s cified onditions. (A chment # 22 POSTPONE Agenda Regular Council Meeting November 18, 2008 Page 10 CITY COUNCIL PRIORITY ISSUES (Rater to Legend at the end of the agenda summary) K. REGULAR AGENDA 5•~~~ ,_ ~I ; 23• pwue_a-.'Notion authorizing the Mayor to negotiate and bring back for council approval an 2 0 0 8 313 Employment Contract for City Manager Angel Escobar. (Attachment # 23) 24. Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and eayfront Development. (Attachment # 24) 25.a. Motion to authorize the City Manager or designee to execute a Frequency Reconfiguration Agreement with Nextel of Texas, Inc., in which Nextel shall pay for replacement radios and equipment to comply with order of Federal Communications Commission to minimize harmful interference to public safety radio system communications in the 800 MHz radio band. (Attachment # 25) 25.b. Motion to authorize the City Manager or designee to execute a Contract with Dailey i3< Welts Communications, Inc., of San Antonio, Texas, for public safety radio and equipment improvements, with costs to be paid by Nextel of Texas, Inc. pursuant to the Frequency Reconfiguration Agreement. (Attachment # 25) 26. First Reading Ordinance-Amending the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront Management and Construction, to restrict vehicular traffic on the Gulf Beach seaward of portions of the concrete segment of the Padre Island seawall and establishing a pedestrian safe area when the distance between the toe of the seawall to the water is less than 150 feet in width, and allowing two-way vehicular traffic on the Gulf Beach between the northern end of the seawall and Padre Balli Park; establishing a pedestrian safe area between the northern end of the concrete seawall and the Packery Channel jetty; committing the City Council to undertake efforts to restore and maintain the beach in front of the seawall to a minimum width of 200 feet; adding an appendix to the City of Corpus 027950 2003 314 2008 315 ~5~ G~6. Agenda Regular Council Meeting November 18, 2008 , Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Christi, Texas, dune protection and beach access regulations to show the approximate location of bollards to be installed on the beach; providing for publication; and providing a delayed effective date. (Attachment # 26) 27.a. Motion approving gone-year agreement for purchase of system hosting services from SunGard Public Sector of Lake Mary, Florida in the amount of $369,478 forthe SunGard Public Sector suite of application modules; and ePlan Review software licensing, hosting, and services provided by SunGard Public Sector. (Attachment # 27) 27.b. Motion approving the purchase of continued annual hosting services from SunGard Public Sector of Lake Mary, Florida for the SunGard Public Sector Suite of application modules subject to annual appropriation of funds based on sole source. (Attachment # 27) 28. Resolution granting a variance from the guidelines and criteria for granting tax abatement and authorizing the execution of an agreement with Transcontinental Realty Investors, Inc. providing for temporary property tax abatement. (Attachment # 28) 29. First Reading Ordinance -Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 to establish a fee for estimating meter reads when access to replace meter for the automated meter reading program is not provided; providing an effective date of January 1, 2009; and providing for publication. {Attac nt # 29) ~~ ~-ef1e~(S;t~plerr~e~-~O L. PRESENTATIONS: Zp ''`~ Public comment will not be solicited on Presentation items. 30. Crime Control and Prevention District Quarterly Report (Attachment # 30) 31 M. _~ 2008 3 s~ ~ 2008 3 027951 C 7 ~~Z;2~o - ('Z3 Proposed Smoking Ban Ordinance (Attachment # 31) Agenda Regular Council Meeting November 18, 2008 Page 12 CITY COUNCIL PRIORITY ISSUES (Refer to tepend at the end of the agenda summary) LIMIT PRESENTATIONS TO THREE MINUTES. IFYOUPLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORMAT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meetlttg; therefore, please speaklnto the microphone located at the podium and state yourname and address. ll you have a petition or other information pertaining to your subJect, please present it to the City Secretary.) 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITEAN EXISTING POLICY IN RESPONSETOTHE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFFPERSON, OR MEMBERS OFTHEAUDIENCE 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 FlRST AMENDMENT RIGHTS. N. EXECUTIVE SESSION: ~ : 2 3 - 2' ~ PUBLIC NOTICE is given that the City Council may elect of 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 w/l! be publicly announced by the presiding ottice. Agenda Regular Council Meeting November 18, 2008 Page 13 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary 32. Executive session under Texas Government Code Section 551.071 to conduct a private consultation with its attorney regarding Texas Commission on Environmental Quality Notice of Enforcement Action, RN101385151, Docket No. 2008-1521- MLM-E, Enforcement Case No. 36564, with possible discussion and action in open session. O. ADJOURNMENT: ~ ' ~ O POSTING STATEMENT: This agenda was posted on the Citys official bulletin board at the front entrance to Clty Hail, 1201 Leopard Street, at ~;fS~/~ ,(~~~,~~p~.m., on November 12, 2008. ~~ (/~~"""!'~\ Armando Chapa City Secretary NOTE: The CNy Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Friday before 5:00 p.m. Symbols used to highlight action items that Implement council goals are on attached sheet. SUPPLEMENTAL AGENDA REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD STREET NOVEMBER 18, 2008 10:00 A.M. PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act of the following addition to the agenda of the City Council to be considered at the above meeting: 1. CONSENT AGENDA a : ~ - 3: n2- 11.1(a) Motion authorizing the City Manager or his designee to execute a deductive change order with Haas-Anderson of Corpus Christi, Texas in the decreased amourit of $226,900 -for the Street Overlays Cluster 4 project to change the2 ~ Q 8 3 overlay treatment to a sealcoat on the northbound lanes of Shoreline Drive from Furman Avenue to Lawrence Street resulting in a modification in project scope. K. REGULAR AGENDA 29.1.a. Ordinance disannexing from the City of Corpus ' ti, Texas approxim y 0.59 acre tract of Ian ,situated along aline dr n from a point at coo Hates 1294719.136 x, 188918.803 y to a poi at coordinates 1294 8.897 x, 17191792.708 ,and adjusting the ci boundaries condition upon the property o r executing a contract f services in lieu of anne ion; providing for a del ed effective date for disannexation; providi g for publication; provid' for severance; and declaring an emergency. 29.1.b. Ordinance disannexing from the City of Corpus Christi, Texas an approximately 9.426 acre tract of land, owned by Sam Kane Beef Processors, Inc., in Nueces County, located off south right-of-way boundary of State Highway 9 (9001 Leopard Street), and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing forpublication; providing for severance; and declaring an emergency. 29.1.c. Ordinance disannexing from the City of Corpus Christi, Texas an approximately 60.821 acre tract of land, owned by Sam Kane, in Nueces County, located off south right-0f-way boundary of State Highway 9 (9001 Leopard Street), and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency: 0~~952 5~~ 02'7953 027954 Supplemental Posting Regular Council Meeting November 18, 2008, 10:00 a.m. Page 2 29.1.d. Ordinance disannexing from the City of Corpus Christi, Texas an approximately one acre tract of land, owned by Rachel Madean Brown Magill, in Nueces County, located 2040 Clarkwood Road, and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. 29.1.e. Ordinance disannexing from the City of Corpus Christi, Texas an approximately 120.62 acre tract of land, owned by Mary Hutchins Triestman Limited Partnership, in Nueces County, located on Clarkwood Road, and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. 29.1.f. Ordinance disannexing from the City of Corpus Christi, Texas an approximately 61.23 acre tract of land, owned by Adhub, LLC, in Nueces County, located on Clarkwood Road, and adjusting the city boundaries conditioned upon the property owner executing a contract forservices in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. 29.1.g. Ordinance disannexing from the City of Corpus Christi, Texas an approximately 61.32 acre tract of land, owned by Ann McMaster, General Partner, Haring Heirs, in Nueces County, located on Clarkwood Road; and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing forseverance; and declaring an emergency. 29.1.h. Ordinance disannexing from the City of Corpus Christi, Texas an approximately 122 acre tract of land, owned by Chessie Perkins, in Nueces County, located at Clarkwood Road at Sedwick Road, and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. 29.1.1. Ordinance disannexing from the City of Corpus Christi, Texas an approximately 27.5438 acre tract of land, owned by Gladys V Stillwell, in Nueces County, located at Stillwell Lane, and adjusting the city boundaries conditioned upon the property ownerexecuting a contractforservices in Ileu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. 02'7955 02'7956 027957 02'7958 027959 02796.0 Supplemental Posting Regular Council Meeting November 18, 2008, 10:00 a.m. Page 3 29.1.j. Ordinance disannexing from the City of Corpus Christi, Texas an appPoximately 31.032 acre tract of land, owned by Rose Mary Zvara, Trustee, RZ Realty Trust, in Nueces County, located at Stillwell Lane, and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. N. EXECUTIVE SESSION I:23-Z'~~ 33. Executive session under §551.087 of the Texas Government Code for discussions and deliberations regarding commercial orfinancial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or nearthe territory of the City and with which the City Council is conducting economic development negotiations, with possible discussion and action in open session. POSTING STATEMENT: This supplemental agenda was posted on the City's official bulletin board at the front entrance to City Mall, 1201 Leopard Street, at ~~ a.m., November.15, 2008. rmando Chapa City Secretary 02'7961 3 ~+ N ~ ~ N ~ ~ n _ ~ r cfDi - T~ ~D - x c ~ ~ ~? m N O ~ O C) o ~ ~ ~ G1 w ~ ID ~ 7 ~ d ~Q O D n 2 y m z n c~ m z v D c~ 3 ~~ r~ DO ~~ C7 C7 00 C ~ ^Z ~ •! r ~n m= m~ ~~ z~ O ~~ 0 IW z ~ ~ ~ oo ~ r ~ x ~ at ~ ~ d N 3 ~ C7 A At - ~ ~D - x C ~ m N O n p O G) 01 ~ ~ N rt ~ ~ ~_ ~ O O ~ ~ .r O 7 N ~ . ~, . i n ` ~ ~. ~ m c~ r~ DO ~m n C7 00 Z~ nc ~~ 3n m= m~ ~~ z '~ O `~ ~W 0 -,, W ill z ~ ~ ~ oo ~ r ~ x ~ ~ ~ c'n ~ c> ~ °1 ~ ~ x 3 r_" 0 n °o c~ N N n 3 ~_ - O ' ~ 7 N N ~ ~ ~ C ~ N ~ ~ ~ ~ ~ ~,, ~ ~ ~ ` ~ ~ ~ ~ N 0 0 ao mn_ ~~ DO ~~ 00 c 70 z~ nc ~N ~n m= m~ ~~ z-