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HomeMy WebLinkAboutReference Agenda City Council - 09/15/2009~ ~ .45 a.m. -- Proclamation declaring September 8, 2009 as "international Literacy Day" Swearing-in Ceremony of newly appointed Soard, Commission and Committee Members eco nition of the Ci of Cor us Christi vllater Department's 2009 Public Drinking ~Ifater R g tY p Reco nition Award by the Texas Commission on Environmental Quality ~TCEQ~ 9 "At Your Service" Award, City Staff Recognition AGENDA cITYOF coRPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL -COUNCIL CHAMBERS ~24~ LEOPARD ST. CORPUS CHRISTI, TEXAS 7540 SEPTEMBER ~ 5, 2009 X2:00 P.M. LLULAR PHONES aND SOUND aCTl~/ATEB PAGERS PUBLIC NOTICE THE USE OP CE NClL CHAMBERS DURING MEETINGS OF THE CITY SIRE PROHIBITED IN THE CITY COU COUNCIL. audience will be rovr'ded an o porfunify fo address fhe Council of approximately 4:00 p.m., or fhe lvtembers of fhe p p ncil Nleefin whichever is earlier. Please speak info fhe microphone located of the podium and stale end or fhe Cou g, me and address. Yaur resentation will be limited fo three minutes. if yvu have a pefrf~on or other lnformafron your na p pertaining to your subject, please present if to the Cify Secretary. ' iii irse al Concilio cree ue su ingles es limifado, habra un inferprefe ingles-espanol en fodas las S~ Usfed desea d g y q juntas del Concr'lio pars ayudarle. ' h disabilifies who Ian fo attend this meeting and who may need auxiliary aids or services are requested fo Persons wrf p Ci Secrets 's office at 361-8~fi-3105) at least 48 hours in advance so fhat appropriate arrangements contact fhe ty ry can be made. A. Ma or Joe Adame to call the meeting to order. Y ' n b Reverend Henry wiliiams, Corpus Christi Christian B. Invocation t be give y Fellowship C. Pied a of Alle fiance to the Flag of the united States. ~, 9 g ' Armando Cha a to call the roil of the required Charter officers, D. City Secretary p MayorJoeAdame Mayor Pro Tem John Marez Council Members: Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal Nelda Martinez Mark Scott Cit Mana erAn e! R, Escobar Y 9 g City Attorney Mary Kay Fischer City Secretary Armando Chapa~ Agenda Regular Council Meeting September 15, 20D9 °age 2 Er EI~INUTESr CITY COUNCIL PRIORITY ISSUES Refer to legend at the er~d of the agenda summary 1, Ap rovai of Regular Meeting of September 8, 2009. p ~Attachment# 1} ~~ Fr EXECUTIVE SESSION: p. ~ ~ ` ~ ~' PUBLIC l11QTICF is given fhaf fhe Cify Council may elecf fo go info execufive session of any firne durr'ng the meefing in order fo discoss any maffers listed on the agenda, when authorized by fhe provisions of fhe open Meeting Acf, Chapter 551 of the Texas Government Code, and fhaf fhe City Councr'I specifically expects fo go info executive session on fhe following maffers. In fhe event fhe Council elects fo go info execufive session regarding an agenda item, the section or sections of fhe Cpen Meetings act authorizing fhe execufive session will be publicly announced by the presiding office. 2. Executive session under Texas Government Code, Section 551.012 of the Texas Open Meetings Act to deliberate the purchase, exchange, lease or value of real property. 3. Executive session under Texas Government Code, Section 551.011 re ardin Bryan Smith vs. City of Corpus Christi, . g g . Texas, An el Escobar, ~n his capacEty as City Manager, Cause 9 tr .. No. 09-1530-E; ~n the 14S Jud~c~al District Court, Nueces County, Texas, with possible discussion and action in open session. A COMMITTEE APPOINTMENTS: r ~- ; G. EO RDS ~ ~ f 4. North Padre Island Development Corporation ~Attachment# 4} a. Motion removin Henry Garrett, Melody Cooper, Mike g Rummell, Michael McCutchon, and George Noe from the Board of Directors of the North Padre island Development Cor oration and declaring their offices as vacant. p b, Motion a ointin Joe Aflame, Chris N. Adler, Brent pp g Chesne ,Kevin Kieschnick, and Mark Scott as members of Y the Board of Directors of the North Padre lsEand Develo ment Cor oration to fill the unexpired term of the P p director they are replacing. wµl~~ See Ad'-~-~~~d ~o~ion. (on ~asd-r~-~~ 2009 260 2009 261 Agenda Regular Council Meeting September 15, 2009 Page 3 5. Tax Increment Reinvestment Zone (TIRZ) (Attachment # 5) CITY COUNCIL PRIORITY ISSUES Refer to legend at the end of the agenda summary) a. Motion appointing two new members of the Board of Directors of the Tax Increment Reinvestment Zone (TIRZ) No. 2. .-. Sew .A-~-c~.c I~ ~. Mo'~i ~ Co h C H. EXPLANATION GF COUNCIL ACTION; For administrative convenience, certain of fhe agenda Ifems are listed as motions, resolutions, or ordinances. !f deemed appropriate, fhe City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adapting if as an emergency measure rather than a fwo reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meefing of a vote at fhe last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered ifern. CONSENT AGENDA Notice to the Public 5 I5 Tl~e fallowing items are of a roufine or administrative nature. The Council bas been furnished with background and support material on each item, and/or it has been discussed of a previous meeting. al! Ifems wil! be acted upon by one vote without being discussed separately unless requested by a Councif 1Vlember or a citizen, in which event the item or Ifems wilt immediately be withdrawn for individual consideration in Ifs normal sequence after the Ifems not requiring separate discussion have been acted upon. The remaining Ifems will be adapted by ane vote. - CONSENT MOTIONS RESOLUTIONS ORDINANCES AND ORDINANCES FRAM PREVIOUS MEETINGS: At this point the Council will vote on all motives, resolutions and ordinances not removed for individual consideration.} ~, Grdinance a ro rioting $15,144 of the Unreserved Fund pP P balance in the General Fund No. 1020 for the payment to the Volunteer Center of the Coastal Bend for Municipal Court Communit Service Program; changing the FY 2aD9-2010 Y 4 eratin Bud et adopted by Grd~nance No. 028252 by p g 9 increasin expenditures in the General Fund No. 1020 by g $15,144, Attachment # 6} +- pa~~ 02830E Agenda Regular Council Meeting September 15, 2009 gage 4 CITY COUNCIL PRIORITY ISSUES {Refer to legend at the end of the agenda summary) ~. Motion authorizing the City Manager or his designee tv execute a Contract for Professional Services with Coym, Rehmet and Gutierrez Engineering, L,P. of Corpus Christi, Texas, in the amount of $1,070,830 far Bear Lane from Old Brownsville Road to South Padre island Drive. BOND ISSUE 2448} Attachment # l} 8. Motion authorizing the City Manager, or his designee, to issue a permit for the temporary street closures of Hughes Street from Chaparral Street to Mesquite Street and Fitzgerald Street from Cha arral Street to Mes uite Street for the 49th Annua! Texas p q Jazz Festival, starting on Friday, October 16, 2009 at 8:OO a.m. throu h Monday, October 19, 2009 at 8:90 a.m. pending the g , certificate of insurance to be submitted two weeks prior to the event and u on meeting the conditions and requirements for p permit inSec. 49-11. Attachment # 8} e J. PUBLIC HEARINGS: z~N1N~ CASES: 9. Case No. 0109-02 Shrub Oak LLC - A than a of zoning from "RE" Residential Estate District to an "1-2" t Industrial District on ro erl: described as 6.514 acr out of Lot 1, Section 50, p p Y Flour Bluff & Encinal Farm & den Tracts, Volume A, Pages 41 ~ 43, Ma Records ueces County, Texas, generally p located a roximatel 0 feet south of Glenoak Road, on the pp east side of Flo tuff Drive, west of Waldron Road and north of Caribbean rive. Attachment # 9} Plannin Commission and Staffs Recommendation: Denial of the "1-2" and in lieu thereof approval of a "B-3" with a special ermit for outdoor storage, subject to a site plan and five p conditions. ORDINANCE Amendin the zoning Ordinance upon application by Shrub g , Oak, LLC b chap ing the zoning map ~n reference to 6.514 Y g , acres out of Lot 1, Section 50, Flour Bluff & Enc~nal Farm & Garden Tracts, from "RE" Residential Estate District to "B-3{SP" Business District with a special permit to allow outdoor storage, subject to a site plan and five ~5} conditions; amending the tom rehensive plan to account for any deviations from the p existin comprehensive plan; providing a repealer clause, and ,~ .. . providing a penalty; and prov~d~ng for publ~cat~on. 2009 255 2009 256 ~~~I~f Agenda Regular Council Meeting September 15, 2009 Page 5 CITY COUNCIL PRIORITY ISSUES ~Refier to legend at the end of the agenda summary} 10. Case No. 0809-06 HEB Groce Com an LP A change of zonin from an "R-1 B" Cne-family Dwelling District to an "A-2" g A artment House District on property described as 21.461 acres p out of Lots 19 and 20, Section 11, Flour Bluff & Enc~nal Farm & Garden Tracts located a roximately 1,50 feet southeast of pp South Staples Street. ~Attachment# 10~ Plannin Commission and Staffs Recommendation: Denial of the "R-1B"and in lieu thereof approval of an "A-1". ORDINANCE Arnendin the Zonin ordinance upon application by HEB g g Croce Com an , LP by changing the zoning map in reference ry p Y to 21.461 acres out of Lots 19 and 20, Section 11, Flour Bluff & Encinal Farm & Garden Tracts, from "R-1B" Cne-family Dwelling District to "A-1" Apartment House District; amending the Com rehensive Plan to account far any deviations from the p .. . existin Com rehensive Plan; providing repealer clause, 9 P .. providing a penalty; and providing far publ~cat~on. REGULAR AGENDA ~: ~C. ~ CONSIDERATION 4F MOTIONS RESOLUTIONS AND ORDINANCES: 11, Motion authorizing the City Manager, or his designee, to execute a construction contract with Barcom Commercial, lnc., of Car us Christi, Texas in the amount, of $5,044,154 for the p South Guth Ball Field Relocation to a tract located on Paul Janes Avenue, for the Base Bid, Additive Alternate No. 1, Additive Alternate No. 2, and Deductive Alternate No. 1. Attachment # 11 ~ 12. Resolution authorizin the City Manager or his designee to 9 execute an amendment to the Interlocal Cooperation Agreement with Texas A&M Universit -Corpus Christi ~TAMU-CC}for the Y . communit visionin project called Bold Future, to authorize Y g . TAMU-CC to utilize remaining funds previously provided by the Cit for Phase l and for Phase Il in the amount of $56,167.98 for Y Bold Future Phase ill. Attachment # 12~ 0,'8319 2009 257 028310 Agenda Regular Council Meeting September 15, ~Qg9 'age 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary} L. PRESENTATIONS: -~ '~ ~ ~ o~ Public co~ment will not be solicite on Presenfat~on r~ems. ~3. Governmental Accounting Standards Board ~GASB 45}Report by G. P. Monnin Consulfiing, Inc. Attachment # ~ 3~ M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT ~ SCHEDULED ON THE AGENDA 1NILL BE HEARD AT APPROXIMATELY 4:~0 P.M. OR AT THE END CF THE COUNCIL MEETING WHICHEVER IS EARLIER, PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. ~F YoU PLAN TD ADDRESS THE COUNCIL DURING THIS T1ME PERIOD, PLEASE SIGN THE FORM AT THE REAR DF THE CDUNC~L CHAMBER, GIVING YOUR NAME, ADDRESS AND TDPlC. ~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.} PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM T4 DD THE FOLLOWING: 1. MAKE A STATEMENT DF FACTUAL INFORMATION, 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT VtiIILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, N4 CnIJNCIL MElNBER, STAFF PERSON, ~R MEMBERS CF THE A UDlENCE SHALL BERATE, EMBARRASS, ACC~lSE, 4R SNOW ANY PERSaNAL DISRESPECT FOR ANY MEMBER ~F THE STAFF, COUNCIL MEMBERS, CR THE PUBLIC A T ANY COUNCIL MEETING. THIS PaLlCY 1S NCT MEANT TQ RESTRAIN A C!TlZEN'S FIRST AMENDMENT RIGHTS. k: Do-~~35~ N. CITY MANAGER'S COMMENTS: ~NONE~ Agenda Regular Council Meeting September 15, 2~D9 °age 7 0. ADJI~URNMENT: ~ ; ~ ~} P~STIN~ STATEMENT: CITY G~UNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at ~ ~D p.m., on September 10, X049. r! ~ .~ ~~. 1 Armando Chapa City Secretary NOTE: The City Council Agenda can be found vn the City's Hvme Page at www.cctexas.cvm on the Thursday before regularly scheduled council meetings if technical problems occur, the agenda will be uploaded on the Internet bythe Friday. Symbols used tv highlight action items that implement council goals are on attached sheet. 3. Motion authorizing the City Manager to settle Cause No. 09-1530-E, Bryan Smith vs. City of Corpus Christi et al, for the sum of $125,771.84, as per the agreed upon settlement terms, subject tv certification of funds. 5. Motion appointing Mayor Joe Aflame and Council Member Chris Adler to the Board ofi Directors of the Tax Increment Reinvestment Zone ~TIRZ~ No. 2. 2009 259 SUPPLEMENTAL AGENDA REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD ST. SEPTEMBER 15, 2009 72:00 P.M. PUBLIC NOTICE is hereby given pursuant to Texas Cpen Meetings Act, of the following addition to the agenda of the City Council to be considered at the above meeting: F. EXECUTIVE SESSION 3.1 Executive session under Section 551.011, Section 551.012 and Section 559.081 of the Texas Government Code for legal advice, deliberations regarding the lease of real property, and deliberations regarding the offer of a financial or other incentive to a business prospect relating to Memorial Coliseum with possible discussion and action related in open session. PGSTING STATEMENT: This supplemental agenda was posted on the City's official bulletin board at the front entrance tv City Hal1,1241 Leopard Street, at ~ ~~ ~ p.m. September 11, 2049. ~` ~: ~~ Armando Chapa City Secretary City Council Goals 20fl9-201'1 ~-= ~~~'`~~ ~`1R~ ~. ; ~ .wrr ~~~~ ~'M,YGG.. ~.1: __ ~~~,.~ a., •. ,~~~-. :,~. ti. ~ _ i ;i - i.~: ~i, r. ; - Economic Development Strategic Plan Coliseum Plan Development Process Improvement Support Public Safety. Garwood Water Plan Develop Street Pian Community Pride Sustainability and Renewable Energy i~ 0 i~ a~ ~ Z ~ ~ T r ~ n ~ V~ o 3 ~' ~ ~ ~ T m ~ Q Q ~ ~ ' ~ IV y C~ O y ~ ~ ~ ~ Q ~ ~ ~. ~f N ~. 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