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HomeMy WebLinkAboutReference Agenda City Council - 01/27/2009AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 7401 JANUARY 27, 200 10:00 A.M. PUBLIC NOTICE -THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OFTHE CITYCOUNCIL. Members of fhe audience will be provided an opportunely to address the Council at approximately 12:00 p.m. oral the end of the Council Meeting, whicheveris eaAier. Please speakinto the microphone located at the podium arM state yourname and address. Your presentation will be limited fo three minutes. If you have a petition or other information pertaining to your subject please present ff to the City Secretary. Si Usted dasea dirigirse al Concilio y cree que su ingl8s es limffado, habr8 un intArprete ingl8s-espatiol en lodes /as juntas del Concilio pare ayudarte. Persons wffh disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested fo contact the City Secretary's ot-lce (at 361-828-3105) at least 48 hours in advance so that appropdate arrangements can be made. A. Mayor Henry Garrett to call the Ineeting~o order. B. Invocation to be given by {~ /~ , , ~,, I,t,. C. Pledge of Allegiance to the Flag of the United States. M ' ", C~ "`~ v , ~~ D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem Michael McCutchon Council Members: Melody Cooper Lany Elizondo, Sr. Mike Hummell Bill Kelly Priscilla Leal John Marez Nelda Martinez City Manager Qngel R. Escobar City Attorney Mary Kay Fischer~~ City Secretary Armando Chapa E. MINUTES: 1. Approval of Regular Meeting of January 13, 2009. (Attachment # 1) ~ ~ 11- ~~ ~NtlEXE® Agenda Regular Council Meeting January 27, 2009 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend al the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. Committee for Persons with Disabilities G. EXPLANATION OF COUNCIL ACTION: For administative 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 specked. A motion to reconsider maybe 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: (NONE) CONSENT AGENDA ~ilotice to the Public The following items are of a routine or administrative nature. The Council has been furnished with bacl~ground and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon byone vote without being discussed separately unless requested by a Council Member or a citizen, in which event the ftem or items will immediately be withdrawn for individual consideration in its normal sequence after the terns not requiring separate discussion have bean acted upon. The remaining items will be adopted byone vote. CONSENT MOTIONS RESOLUTIONS. ORDINANCESANDORDINANCES (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) 3. Motion approving a service agreement with Sierra Services, of Sinton, Texas for Mowing of Water Production Facilities, based on best value in accordance with Bid Invitation No. BI-0164-OS for an estimated annual expenditure of $195,410 of which $97,704.96 is budgeted forthe remainderof FY 2008-2009. The term of the service agreement shall be for twelve months with an option to extend for up to two additional twelve-month periods 2.,009 019 Agenda Regular Council Meeting January 27, 2009 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the apendasummary) subject to the approval of the contractor and the City Manager or his designee. Funds have been budgeted by the Water Department in FY 2008-2009. (Attachment # 3) 4. Resolution authorizing the submission of a grant application in the amount of $224,772 to the State of Texas, Office of the Governor, Criminal Justice Division for funding available to address gang issues, funds to be used for overtime and fringe benefits in the Police Department; and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. (Attachment # 4) 5. Resolution authorizing the City Manager or designee to submit a grant application to the Texas Commission on the Arts in the amount of $10,000 for the 2010 Arts Subgrant Program with a City match of $10,000 in the No. 1030 Arts Grants/Projects Fund. (Attachment # 5) 6. Resolution authorizing the City Manager or his designee to submit ~ grant application to the Texas Commission on the Arks in the amount of $15,000 for the 2010 Festival of the Arts with a City match of $15,000 in the No. 1030 Arts Grants/Projects Fund. (Attachment # 6) 7. Motion authorizing the appointment of an ad hoc peer arts panel to the Arts and Cultural Commission, consisting of two professionals and two community peers to provide a recommendation for the Downtown Police Department Building "Percent for Art" Project. (Attachment # 7) 8. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the contract for professional services with Solka, Nava, and Tomo, LLC in the amount of $39,328, for a total restated fee not to exceed $89,232 for the Wards Building Rehabilitation and Parking Lot. (Attachment # 8) 9.a. Resolution authorizing the City Manager or his designee to execute Amendment No. 1 to the Advance Funding Agreement in the amount of $13,200 for Americans with Disabilities Act (ADA) Accessible Ramps at multiple locations on Staples Street from Six Points to Louisiana Parkway and on Water Street from Coopers Alley to Interstate Highway 37, made by and between 0280~3Z 028032 028033 2009 2009 020 021 028034 Agenda Regular Council Meeting January 27, 2009 Page 4 CITY COUNCIL PRIORITY ISSUES (ReTer W legend al the end of the agenda summary) the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Corpus Christi. [BOND ISSUE 2004] (Attachment # 9) 9.b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the Contract For Professional Services with Martinez, Guy & Maybik of Corpus Christi, Texas in the amount of $395,383, for a total re-stated fee of $578,603 for Americans with Disabilities Act (ADA) Accessible Ramps at multiple locations on Staples Street from Six Points to Louisiana Parkway and on Water Street from Coopers Alley to Interstate Highway 37. [BOND ISSUE 2004] (Attachment # 9) 10. Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 to the construction contract with Big State Excavation of Corpus Christi, Texas, in the amount of $88,180.25 for a total restated fee of $1,460,600.25 for the Wood River Lift Station Force Main Extension Base Bid B Contract due to changes in bid unit quantities as a result of shifting the force main to the east and installation of a traffic island at River Wood and FM 624. (Attachment # 10) 11. Second Reading Ordinance -Authorizing the conveyance of property located within the City at 601 14"' Street for an affordable housing project to Habitat for Humanity-Corpus Christi, Inc., as a qualified nonprofit corporation, subject to specified conditions; authorizing the City Manager or his designee to execute all necessary documents related to the transaction; and providing for severance. (First Reading - 1/20/09) (Attachment # 11) J. PUBLIC HEARINGS: ZONING CASES: 12. Case No. 1208-01. Mostaohasi Investment Trust: A change of zoning from a "R-1 B" One-family Dwelling District to a "B-4" General Business District resulting in a change of land use from residential to commercial described as 11.420 acres out of 2009 022 2000 023 08035 Agenda Regular Council Meeting January 27, 2009 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Nueces River Irrigation Park Block 2, Lot 1 located on the west side of County Road 89 approximately 525 feet south of Northwest Boulevard. (Attachment # 12) Piannina Commission and Staff Recommendation: Denial of "B- 4" General Business District and approval of a "B-1" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Mostaghasi Investment Trust, by changing the Zoning Map in reference to 11.42 acres out of east one-half (1/2) of Lot 1, Block 2, Nueces River Irrigation Park, from "R-16"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; and providing for publication. 13. Case No. 1208-02, Portland U~'ent It - SPID: A change of zoning from a "R-1 B" One-family Dwelling District to an "I-3" Heavy Industrial District resulting in a change of land use from single-family residential to heavy industrial for an above ground fuel storage tank described as 400-square feet out of Joslin Tracts Block A, Lot 5-B located at 7336 South Padre Island Drive, approximately 1,050 feet east of Rodd Field Road. (Attachment # 13) Plannina Commission and Staff Recommendation: Denial of an "I-3° Heavy Industrial District, and in lieu thereof, approval of a Special Permit for one (1) UL2085 above ground fuel storage tank not to exceed 500 gallons subject to a site plan and four conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Portland U-Rent-It, Inc., by changing the Zoning Map in reference to 400 square feet out of Joslin Tracts, Block A, Lot 5-B, from "R-1 B" One-family Dwelling District to "R-1B/SP" One-family Dwelling District with a Special Permit to allow one (1) UL2085 above ground fuel storage tank not to exceed 500 gallons, subject to a site plan and four (4) conditions; amending the Comprehensive 028036 02803'7 Agenda Regular Council Meeting January 27, 2009 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer tb legend at the end of the agenda summary) Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. 14. Case No. 1208-03. Portland U-Rent-It -Cantwell: A change of zoning from an "I-2" Light Industrial District to an "I-3" Heavy Industrial District on a 900-square foot tract of property located at 905 Cantwell Drive. (Attachment # 14) Planning Commission and Staff Recommendation: Denial of an "I-3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit for one (1) UL2085 above ground fuel storage tank not to exceed 500 gallons subject to a site plan and four conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Portland U-Rent-It, Inc., by changing the Zoning Map in reference to a 900-square foot tract of property out of Braselton Tract from "I-2" Light Industrial District to "I-2/SP" Light Industrial District with a Special Permit to allow one (1) UL2085 above ground fuel storage tank not to exceed 500 gallons, subject to a site plan and four (4) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. ZONING TEXT AMENDMENT: 15. Public hearing a First amending the C us Christi definitions in ections 3-01 revising Se lon 29-3.13, re standard ortheinstallati o within t City limits; a ndir Ordinance to consider Ordinance by ad~ifig new staging a new , ng to the regula id siting of Wind conflicting provy ensive Pla ,repealing conflic for public ion. (POSTPONED) of and and 15) ozso3s pos-I-p~ ~- Agenda Regular Council Meeting January 27, 2009 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of Me agenda summary) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS. AND ORDINANCES: 16. Ordinance ordering a General Election to be held on April 4, 2009, in the City of Corpus Christi for the election of Mayor and eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing the City Secretary to contract with the Nueces County Election Officerfor equipment and supplies necessary to conduct the election; authorizing Joint Election Agreements with Flour Bluff Independent School District, London Independent School District and West Oso Independent School District; selection of May 9, 2009, as the Runoff Election date, if one is necessary; enacting provisions incident and relating to the subject and purpose of this ordinance. (Attachment # 16) 17. Motion .approving authorized list of financial underwriters. (Attachm@nt # 17) 18. Motion horizing t ity Manager enter into a c ntract with McC Parkhu & Horton, LL to perform nd counsel s Ices forth ity of Corpus nsti. (Attac ent # 18) 19. Motion authorizing t appointme of M. E. Allis as Financial Advisor; RBC C ltal Market s Senior pager; Estrada Hinojosa & Co any, Inc., F st Bank, Sie rt Brandford Sh & Comoan LLC. Sou est Secur ' s, and Wells argo a Services, LC as Co anagers; an cCall, t & Horton LP as Bon ounsel for Ci of Corpus Texas U ' y System venue Improv ent Bonds, 2009. (A chment # 1 L. PRESENTATIONS: (NONE) Public comment will not be solicited on Presentafion items. M. 028039 2009 024 P osf~ °,~~ ~ ~~d ~~~ ~~~ ~~~, ~ yI~~I~~ Agenda Regular Council Meeting January 27, 2009 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of die agenda summary) 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 ofthe meeting; therefore, please speak into the microphone located at the podium and state yourname and address. If 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. RECITE AN EXISTING POLICY IN RESPONSE TO THE 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 SHAL! BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters /lsted 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 /o/lowing matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of fhe Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 20. Executive session under Section 551.072 and Section 551.087 of the Texas Government Code for deliberations regarding the lease of real property and for deliberations regarding the offerof a financial or other incentive to a business prospect relating to Memorial Coliseum, with possible discussion and action related in open session. Agenda Regular Council Meeting January 27, 2009 Page 9 CITY COUNCIL PRIORITY ISSUES (Rater to legend at the end of the agenda summary) 21. Executive Session under Section 551.072 and Section 551.087 of the Texas Government Code Section regarding lease of real property and to discuss or deliberate regarding commercial or financial information received from a business prospect to locate, stay, or expand in or near tfie City of Corpus Christi Marina, with possible discussion and action in open session. O. LEGISLATIVE UPDATE: (NONE) Consideration of resolutions and actions deemed appropriate 6y the City Council as to legislative issues before the 81'~ Texas Legislature. P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the Citys official bulletin board al the front entrance to City Hall, 1201 Leopard Street, at •` ~ ~_ P-m., on January 21, 2009. (C~~s~-- Armando Chapa City Secretary NOTE: The City 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. City Council Goals 2007-2009 O I!i o~l\I ~- .:,,.~„ 1111 ~~~ ~.;. ,_:• Develop Street Plan Texas A&M University-Corpus Christi Expansion Neighborhood Improvement Program (NIP) and Model Block Expansion Development Process improvement Bond 2008 Coliseum Plan Master Plan Updates Improve Code Enforcement Downtown Plan Charter Review d ~-- 0 I~ c a~ N V N O O m m c~ ~O ~m nn 00 c~ z~ (~ C r ~ m= m~ ~~ z~ ~+ 0 I~ z ~- ~ ~ oo ~ r ~ x ~ ff C) O N C N O O O Cwt ~ N N C7 ~ <p - O ~ .~ O 3 ~ ~ \ \ ~ ~ ~ ~ ~ W - ~ ~ ~ ~ ~ ~ r c w N N 0 0 m m c~ r~ DO ~m 00 c~ z~ nc ~n ~ _ m m~ ~~ z~ O