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HomeMy WebLinkAboutReference Agenda City Council - 08/17/201011:45 A. M. - Proclamation declaring August 7, 2040 as "Feria De l~as Flares Day" Proclamatian declaring the month of August 2010 as "Animal Adoption Awareness Month AGENDA -~ CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEKAS 78401 AUGUST 17, 2010 12.00 P.M. PUBLIC NOTICE -~ THE USE OF CELLULAR PHONES AND SDUND ACTNATED PAGERS ARE PROHlBlTfD IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity fa address the Council at approximately 4:00 p.m., or the end ofi the Council 1Vleeting; vrhichever is earlier. Please speak into fhe microphone located at fhe podium and state your name and address. Your presenfation wi11 be limited to three minutes. !f you have a petition or other information pertaining to your subject please present it to the City Secretary. Si Usted dasea dirigirse al Concilio y tree que su ingles es limitado, habr~ un interprete ingles-esparto! en fades !as juntas del Cancilio pare ayudarle_ Persons with disabilities wlro plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary`s office (at 369-826-3105) at least 4B hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call fhe meeting to order. B. Invocation to be given by Reverend Dr. Steve Hartwlclc, First Baptist Church., t~ C. pledge of Allegiance to the Flag of the United States. L . ~~ ~ ~~ ~~b p. City Secretary Armando Chapa to call the/roll of the required Charter OfiFicers. Mayor.3oe Adame v Mayor Pro Tern Brent Chesney Council Members: Chris N. Adler Larry Elizonda, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa ~` ~ND~XE~ Agenda Regular Council Meeting August 17, 2010 Page 2 CITY COUNCIL PRIORITY ISSUES (rEefer to 1e~end at the end of Ehe agenda summary) E. MINUTES: F. BOARDS & COMMITTEE APPOINTMENTS: {Attachment # 2) L 2. '~ Animal Control Advisory Gommittee * Building Code Board of Appeals * Cable Gommunications Commission * Food Service Advisory Committee * Senior Companion Program Advisory Committee Approval of Regular Meeting of July 20, 2010. (Attachment # i } ~ ~c~- G. EXPLANATION OF COUNCIL ACTION: H. For administrative convenience, certain of the agenda items are listed as motions, resolutions, ar ordinances. If deemed appropriate, the City Council wilt use a different method of adoption from the one listed; may finally pass an ordinance by adapting it as air emergency measure rather than a two reading ordinance; ar may modify the action specified. A motion to reconsider maybe made at this meeting of a vote at the last regular, ar a subsequent specie! meeting; such agendas are incorporated herein for reconsideration and action on airy reconsidered item. CONSENT AGENDA ~~~'~~ r I`~'• 2-~ 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 discussed at ~ previous meeting. Al! 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 ar items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring ,separate discussion have been acted upon. The remaining items wi116e adapted by one vote. CONSENT MOTIONS RESOLUTI NS ORDINANCES AND RDINANCES FROM PREVIOUS MEETINGS; (At this point the Council will vote on a!1 motions, resolutions and ordinances net removed far individual consideration.) 3. Resolution authorizing the submission of a grant application in the amount of $22,750 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2011 Hazardous Materials Emergency Preparedness (HMEP} ~~~'~Q9 Agenda Regular Council Meeting August 17, 2010 Page 3 CITY COUNCIL PRIORITY ISSUES {Refer to legend at the end of the agenda summary) Grant Program for public awareness brochures, school book covers, production and broadcast of public . service announcements, to conduct a hazardous chemical inventory and to conduct an emergency response exercise, with a hard match of $4,550, and authorizing the City Manager or his designee to apply for, accept, reject, alter, or terminate the grant. {Attachment # 3} 4. a. Resolution authorizing the City Manager or ills designee to accept a grant of $180,351 from the Texas Department of State Health Services for personnel costs, equipment and other expenses to provide a Public Health Emergency ~ ~ g ~ ~ o Preparedness Program relating to a plan for responding to an act of terrorism and to execute ail related documents; and ratifying acceptance of the grant agreement to begin August 1, 2010, {Attachmen# # 4) b. Ordinance appropriating a grant of $180,351 from the Texas Department of State Health Services in the No. 1066 Health ~ ~ ~,~ 1 Grants Fund to provide a Public Health Emergency Preparedness Program relating to a plan for responding to an act of terrorism. (Attachment # 4) 5. a. Resolution authorizing the City Manager or his designee to accept a grant of $241,637 from the Texas Department of State Health Services for personnel costs and other ~ ~ ~,~ ~ 2 expenses to provide an immunization program for children, adolescents, and adults, with special emphasis on children two years ofi age and younger, and to execute all related documents. (Attachment # 5) b. Ordinance appropriating a grant of $241,837 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide an immunization program for ®2 ~ ~ ~ 3 children, adolescents, and adults, with special emphasis an children #wo years of age and younger. {Attachment # 5) 6. Ordinance appropriating $633,000 from the estimated Program Income Revenue in the No. 1066 Health Grants Fund as State Fiscal Year 2010-2011 Program Income to fund laboratory and ~ ~~ ~ "~ .~ ,~ ~ ~ public health services for the period of September 1, 2010, ' through August 31, 2011. (Attachment # 6) Agenda Regular Gouncil Meeting August 17, 2010 Page 4 CITY CaUNCI!" PRIQRITY ISSUES {Refer ro legend at the end of the agenda summary) 7. Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with the Corpus Christi Downtown Management District in the amount of $24,755 for LED lighting of Orion's Belt Sculpture an Corpus Christi Bayfront. (Attachment # 7) 13. a. Resolution ratifying the acceptance ofi an additional funding award in the amount of $1,551,735 for a tots[ allocation of $3,163,472 from the Texas Department of Housing and Community Affairs tv be effective July 14, 2010, and authorizing the Gity Manager or his designee to execute all related documents for the Weatherixation Assistance Program. {Attachment # S) b. Ordinance appropriating $1,581,735 in the No. 1059 Grant Fund for the Weatherization Assistance Program. (Attachment # S) 9. Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of $71,62;5 for a total restated fee of $709,457 for Staples Street -Phase 2 from Holly to Williams for righ#-of~way (ROW) acquisition survey of 19 parcels. (BAND ISSUE 20©8) (Attachment # 9} 10. Ordinance abandoning and vacating a 2,246-square foot portion of a 10-foot wide utility easement out of Gardendale Unit 2, Block 5, Lots 18-19, located just west of the South Staples Street public right-of-way; requiring the ,owners, A.C. Gilmore Jr., and wife, Clydell H. Gilmore, to comply with the specified conditions. Attachment # 10) 11. Ordinance abandoning and vacating a 87.90-square fast portion of a 7.5-foot wide utility easement out of the Virginia Hills Subdivision, Block 4, Lat 7, located south of the Oso Parkway public street right-of-way; requiring the owners, Kenneth Todd Olson and Maria Garza Olson, to comply with the specified conditions. (Attachment # 11) 12. Second Reading Ordinance -Renaming the park located at 1516 Seventh Street from Oceanview Park to Catalina Martinez Park. (First Reading - 07/20110) Attachment # 12) 715 8716 ~~ ~~~~~.~ 200 '~6 ~~~~~~ ~~~~~~ ~~~~~ Agenda Regular Council Meeting August 17, 2010 Page 5 CITY COUNCIL PRIORITY ISSUES {Refer to legend at the end of the agenda summary} EXECUTIVE SESSIONS: ~~~ ~~ ~~~ ~ I - ' PUBLIC NOTICE is given that fhe 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 fhe 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 5ectiOnS of the Open Meetings Act authorizing the executive session will be publicly announced 6y the presiding office. 13. Executive See ion pursuant to Texas G ernment Co e Section 55.74, Perso el Matters, deliberate the appoint t, employ t, evaluation eassignment duties, disci e, or dismis of Municipal urt Judges wi possible di ssion and a n in Open Session. 14. Executive Session under Texas Government Cods Section 551.071 regarding the City of Gorpus Christi, Texas vs. Friends of the Coliseum, Cause No. 10-80455-4; in the County Court at Law Number 4, Nueces County, with passible discussion and action in open session. 15. Executive session under Texas Government Code Section 551.071 for private consultation with its attorn®y regarding City of Corpus Christi - Proposed TPDES Permit No. WQ0010401004, EPA ID Na. TX0047058 ~CN600131858; RN 101810327), with possible discussion and action in open session. 16. Executive session under Texas Government Code Section 551.071 regarding police collective bargaining negotiations, with possible discussion and action in open session. 1 T. Executive session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action in open session. P wL!ecl Agenda Regular Council Meeting August 17, 2010 Page 6 J, PUBLIC HEARINGS: ZONING CASES: CITY COUNCIL PRIORITY 155UES (Refer to legend at the end of the agenda summary) 18. -Case No. 0610-03. Jack_ R. Baker: A change in zoning from "Ai3" Professional Office District to "B-1" Neighborhood Business District on property described as Northwest Estates, Block 11, Lat 4, located at 4030 River Hill Drina. (Attachment # 18) Planning Commission and Staff's Recommendation: Denial afi the "B-1" Business Neighborhood District and in lieu thereof, approval of the "ABISP" Professional Office District with a Special Permit, subject to a Site Plan and seven ('~) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Jack R. Baker, by changing the Zoning Map in reference to Northwest Estates, Block 11, Lot 4, from "AB" Professional Office District to "ABISP" Professional Office District with a Special Permit to allow the operation of a restaurant, subject to a Site Plan and seven (7) candi#ions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing far publication. 19. Case No. 0810-04. Extreme Homes of Texas. LLC: A change in zoning from "R-1 B" One-Family Dwelling District to "R-1C" One- Family Dwelling District resulting in a change of land use an the property described as 3.49 acres out of McKinzie Partition Tract 1-C, located at Shaliow Creek Drive. (Attachment # 19) Planning Commission and Staff's Recommendation:. Approval ~4 of the "R-1 C" One-Family Dwelling District, ORDINANCE Amending the Zoning Ordinance, upon application by Extreme Homes of Texas, LLC, by changing the Zoning Map in reference to 3.49 acres out of Mckinzie Partition Tract 1-C, from "R-1 B" One-family Dwelling District to "R-1 C" One-family Dwelling ~~~~~~ ~~~~123 Agenda Regular Council Meeting Augus# 17, 2010 Page 7 CITY GOUNGIL PRIORITY ISSUES (Refer to legend at the and of the agenda sumtnaryJ 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. 20. Case Na. 4610;05,, City of Carpus Christi: Considera ion of zoning recently annexed operties t "R-1 B" On 1=amil Dwelling D' riot on prape described s approxima y five } tracts, t ling approxi tely 6.635 ores, of sub erge and owne by the Port f Carpus hristi Author' y, alo g the sout ern shoreline of ueces B . (WITHbRAWN BY STAFF EASEMENT CLOSURE: 21. Public hearing to consider an Ordinance closing, abandoning and vacating a 89,159.98-square foot portion of an easement dedicated to the use of the public for parking purposes, out of Lindale Park Subdivision Section No. 4, Block D, in order to allow for the future construction and development over the existing easement; requiring the owner to comply with the specified conditions. {Attachment # 21) 4 ~-z2- z~sg-~~3s K. ~ REGULAR AGENDA ~~ 2~ 35~,3~'-~ # 5 - 2'y Obi ~- Lk ~{ CONSIDERATION OF MOTIONS. RESOLUTIONS. AID ORDINA ~ CES: 22. First Reading Ordinance - Ordering a Special Election to be held an November 2, 2010, in the City of Corpus Christi to provide for consideration of amendments to the Charter of the City of Carpus Christi; providing for procedures for holding such election; providing for notice of election and publication thereof; providing far establishment of branch early voting polling places, designating polling place locations; authorizing a joint election with Nuec®s County; and enacting provisions incident and relating to the subject and purpose of this ordinance. (Attachment # 22) 23. Resolution amending Council Policy No. 1~; "Boards, Commissions, and Committee Procedures" to limit service on boards, commissions, committees or corporations, affective upon passage. (Attachment # 23} ©~~'~~4. a~~' ~~~~~:~. i i Agenda Regular Council Meeting August 17, 2010 Page 8 24. GITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summaryy a. Ordinance appropriating $133, 50.49 held 'n an interest- bearing acco in the No. 30 Infrastr ture Fu for e Cimarron totes 5ubdi 'ion Deve per's s re the future c struction of unbarton ©ak Drive and related storm- ewer improvem nts. (Attachment # 24) b. Motion authorizing the City Manager to execute a Deferment Agreement with V11=al-Mart Real Estate Business Trust, (Developer), iri the amount of $1,086,478.D5 for public improvements including construction of water, sanitary sewer, storm sewer, and road improvements as a requirement for the platting of Cimarron Center Subdivision, located south of Saratoga Boulevard and west of Cirnarran Boulevard, in accordance with the Platting Ordinance Section V -- Required Improvements, Subsection A. 3. b), contingent upon receipt of an acceptable form of a financial document compliant with Gity requirements. (Attachment # 24) 25. Motion authorizing the Gity Manager or his designee to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas, in the amount of $1,309,233.30 for the Area Street and Drainage Improvements Phase 2B Helen and Theresa Streets. (Attachment # 253 26. Motion authorizing the ity Manager r his designee to ex ute a constructio contra ith Reytec onstructi Resour s Inc. of Houst Texa in the aunt of 6,890,5 .50 for Mansh ' & He n - Gabri to Kosto z and Su ybrook to Gaili r (B D 1SS 2008) and M heim Area Im oveme s (CIP Q10) fnr a total b e bid for Part 1 d Part . (Attach nt # 26} 27. Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $63fi,OD3, for a total re-stated fee of $1,775,186 for the Yorktown Boulevard -Staples to Cimarron Project for the evaluation, design and preparation of construction documents for the extension of Yorktown Boulevard from Cimarron Boulevard to Rndd Field Road. {BOND ISSUE 200412008) (Attachment # 27} ~-5 ~~~?~'~26 ~~ ~~~ 1a~sd- ~o~~e. 2a ~ a ~ ~ ?. 200 1~~ ~ ~,~-~s 2d ~ 0 1 ~ 9 Agenda Regular Council Meeting August 17, 214 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) L. PRESENTATIONS: ~J~ 3~~ `~' ~~ ~' Pu61ic comment wiH not be solicited on Presentation items. 28. Corpus Christi Regional Transportation Authority Annual, Report (To be considered of app-'vxlmately 3:00 p.rn.) {Attachment # 28) ~9. New Economic De~elopmep~t~ Websit~Dem tration (A chment # ~ 1 M. PUBLtC COMMENT FROM THE AUDIENCE ON_ MATTERS NOT SGHEDUL,ED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:Oa P.M., OR AT THE END OP THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. !F YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SfGN THE FARM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YQUR NAME, ADDRESS AND T~PlC. {A recording is made of the meeting; therefore, please speak into the microphone Eocated at the podium and state your name and address. If you have a petition or ether information pertaining to your subject, please present it tv the City Secretary.) PLEA5E BE ADVISED THAT THE QPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH, THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL. INFQRMATION. 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 QATE. PFR CITY COUNCIL POLICY, N4 COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SNOW 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. P~~~~ bane N, CITY MANAGER'S COMMENTS: {NONE) Agenda Regular Council Meeting A~Igust 17, 2010 Page 10 CITY COUNCIL PRIQRITY ISSUES {Refer to legend at the end of the agenda summary] Q. ADJOURNMENT: ~~DI POSTING STATEMENT: This agenda was posted on the Ci#y's offlelal bulletin board of the front entrance to City Hall, 1201 Leopard Street, at ~„` ~~_ p.m., on Aa~gust 12, 2010. '~---` Armando Chapa Ciry Secretary NDTE: The City Council Agenda can be found on the CFty's Home Page at www.cctexas.com on the Thursday b®fore regularly scheduled council meetings. If technical problems occur, the agenda -n-III be uploaded an the Internet by the Friday. Symbols used to highlight action items that implement counc[I goals are on attached sheet. SUPPLEMENTAL AGENDA REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL ~ COUNCIL CHAMBERS 1201 LEOPARD ST. AUGUST 17, 2010 12:00 P.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: H. CONSENT AGENDA 12.1, Resolution nominating Flint Hills Res©urces, LP, to the Office of the Governor Economic Ievelopment & Tourism, through the Economic Development Bank, for designation as a Triple Jumbo Enterprise Project, under the Texas Enterprise Zane Program under the Texas Enterprise Zane Act, Chapter 2303, Texas Government Code. ~~ g -~ K. REGULAR AGENDA ~. ~ ~ ~. } ~ ~~, 27.1. a. Resolution approving the protocol to ba used to au#horize the City Manager to utilize the Brush Collection Rapid Response Fund approve d in the fiscal year 2,014-2011 budget. ~ ~ ~-~ b. Ordinance appropriating $35D,000 from the Unreserved Fund balance in General Fund No.1420 to be dedicated for rapid response brush pickup; changing the FY 2010-2011 Operating Budget adopted by Ordinance N~ ~ ~ ~.~ 028683 to increase appropriations by $354,000, c. Motion authorizing the City Manager or his designee to expend up to $350,000 to support the City`s emergency brush clearing initiative as provided under the City's approved protocol. ~ Q # ~ .~ 9 POSTING STATEMENT: This supplemental agenda was posted on the City's official bulletin board at the firont entrance to City Hall, 1201 Leopard Street, at ~" 0 p.m., August 13, 2010. rmando Chapa City Secretary 24.a. Ordinance appropriating and restricting $83,250.49 (and the accrued interest) in the Interest-Bearing fnfirastructure Trust Fund No. 4730 to reimburse Wal-Mart Real Estate Business Trust (Developer) upon completion of Dunbarton Oak Drive and related storm water improvements, in accordance with Section IV, Paragraph A, Subparagraph 12 of the Platting Ordinance. U28'7~6 City Council Goals 2410-2011 Bayfront and Downtown Initiatives Complete Utility Master Plans Conservation and Recycling Education Plan Comprehensive Economic Development Approach Street Improvement Plan Development Process Improvement :.;;~ Mary Rhodes Pipeline Phase Il Water Plan ~~-~~: :.: ~, Safe and Healthy Community Initiatives (Gang, Graffiti, acrd Physical Health Emphasis) Support Continued Military Presence \~ ~~ 0 iN ~ Z ~ ~ T ~ oQ t7 ~ gy ~ O ~ ~ N ~ _ ~ ~ ~ m G. ~ N a ~ a ~ ~ ~=* 3 ~ ! p Cs. . ~ N 3 ' ~ ~ ~ ~ , Tl ~ n ~ ~ ' c'a ~ , tD -r V " im~ ~~-t--~ ,,~ ,R. ~ ~ ~ ~~ + ~ N ~ ~ ~ ~ ~ ~ ~ n O Z {q m z D m z v, 0 0 m ~n c~ ~o ~o ~ ~~ c~ nc ~~ ~_ m m ~0 ~~ z~ w m ~~ 0 N ~ ~-- n ~¢ ~- ~ z ~ ~ Y ~ r . ao n ~ v~ ~ ~ ~ _ ~ m ~ ~ a ~ ,~ 3 N ~ O. ~ O ~ ~ ~ - ~ ~a` cv tiD N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N ~ ~ ~ ~ ~ ~ -~ ~ n ~. 0 1 0 rnn_ c ~o ~~ 00 c~ z~ nc ~~ ~_ m m_° ~~ z .~