HomeMy WebLinkAboutMinutes City Council - 09/13/20051 HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the
Regular Meeting of the Corpus Christi City Council of September 13, 2005, which were approved
I)\. the Cit \, Council on September 20, 2005.
WI INESSETH MY HAND AND SEAL, on this the 20th day of September, 2005.
Armando Chapa
City Secretary
F \ 1
MlN11i.S
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
September 13. 2005 - 10:00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Melody Cooper
Council Members:
Brent Chesney
Jerry Garcia
Rex Kinnison
Bill Kelly
John E. Marez
Jesse Novola
Mark Scott
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Dr. David Lewis of Bayshore Bible Church and the Pledge
Allegiance to the United States flag was led by Council Member Scott.
Mayor Garrett called for approval of the minutes of the regular Council meeting of August
r!. 2005 and the special Council meeting of September 7. 2005. A motion was made and passed
to approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Garrett called for consideration of the consent agenda (Items 2 - 20). City Secretary
Chapa announced that Council Member Noyola would be abstaining from the vote and discussion
on Item 1 1 .a. regarding AVANCE. and Council Member Marez would be abstaining from the vote
and discussion on Item 11.i. regarding Wesley Community Center. Mr. Chapa also requested that
Item 11 be pulled for amendment. There were no comments from the public. A motion was made
and passed to approve Items 2 through 20, constituting the consent agenda, except for Item 11, which
was pulled for individual consideration. City Secretary Chapa polled the Council for their votes as
follows:
a. RESOLUTION NO. 026437
Resolution authorizing the City Manager or his designee to accept a grant from the State of
Texas, Office of Governor, Criminal Justice Division in the amount of $38,169 for the Title
V Delinquency Prevention Act Fund Program with a City match of $19,663 in the No. 1020
General Fund, and a total project cost of $57.832.
fhe foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Novola, and Scott, voting "Aye".
Minutes - Regular Council Meeting
September 13, 2005 - Page 2
ORDINANCE NO. 026438
Ordinance appropriating $38.169 from State of Texas, Office of the Governor, Criminal
Justice Division, in the No. 1061 Police Grant Fund for eligible funding under the Title V
Delinquency Prevention Act Fund Program to reduce juvenile delinquency, improve the
lutienile justice system. and increase accountability of juvenile offenders.
An emergency was declared. and the foregoing ordinance was passed and approved with the
following vote: Garrett. Chesney. Cooper. Garcia, Kelly. Kinnison, Marez, Noyola, and
Scott. voting "Aye
RESOLUTION NO. 026439
Resolution authorizing the City Manager or his designee to accept a grant from the Texas
Department of State Health Services in the amount of $144,350 to cover personnel and fringe
benefits for an immunization program for children. adolescents, and adults, with special
emphasis on children two years of age or younger.
Fhe foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia, Kelly, Kinnison, Marez. Noyola. and Scott. voting "Aye".
ORDINANCE NO. 026440
Ordinance appropriating a grant of $144,350 from the Department of State Health Services
in the No. 1066 Health Grants fund to cover personnel and fringe benefits for an
immunization program for children. adolescents_ and adults, with special emphasis on
children two years of age or younger,
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett. Chesney. Cooper, Garcia. Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye"
RESOLUTION NO. 026441
Resolution authorizing the City Manager or his designee to accept a grant from the Texas
Department of State Health Services in the amount of $142,307 to provide tuberculosis
prevention and control services.
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia, Kelly, Kinnison, Marez. Noyola. and Scott, voting "Aye".
\,1 Mutes - Regular Council Meeting
September 13, 2005 - Page 3
ORDINANCE NO. 026442
Ordinance appropriating a grant of $142.307 from the Department of State Health Services
in No. 1066 Health Grams Fund to provide tuberculosis prevention and control services.
An emergency was declared. and the foregoing ordinance was passed and approved with the
following vote: Garrett. Chesney. Cooper. Garcia. Kelly. Kinnison, Marez, Noyola, and
Scott, voting -Aye'
RESOLUTION NO. 026443
Resolution authorizing the City Manager or his designee to accept a grant from the Texas
Department of State Health Services in the amount of $22,500 for laboratory analysis of bay
water samples.
[he foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott. voting "Aye".
h. ORDINANCE NO. 026444
Ordinance appropriating a grant of $22,500 from the Texas Department of State Health
Services in the No. 1066 Health Grants Fund to provide laboratory analysis of bay water
samples.
An emergency was declared. and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye'
h.a_ MOTION NO. 2005-312
Motion authorizing the ('ity Manager or his designee to accept a grant in the amount of
$271,525 awarded by the Corporation for National and Community Service for the Senior
Companion Program.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
ORDINANCE NO. 026445
Ordinance appropriating a grant in the amount of $271,525 from the Corporation for
National and Community Service in the No. 1067 Park and Recreation Grants Fund for the
Senior Companion Program.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye'
'01n1tes - Regular Council Meeting
September 13, 2005 - Page 4
RESOLUTION NO. 026446
Resolution authorizing the City Manager or his designee to accept a grant in the amount of
$707,709 and to execute a contract and all related documents with the Texas State Library
and Archives Commission for the continued operation of the South Texas Library System
located at the Corpus Christi Public Library. for the state FY 2005-2006.
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia. Kelly. Kinnison, Marez, Noyola. and Scott, voting -Aye".
7 h ORDINANCE NO. 026447
Ordinance appropriating a grant of $707.709 from the Texas State Library and Archives
Commission in the No. 1068 Libraries Grant Fund for the continued operation of the South
Texas Library System located at the Corpus Christi Public Library.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney. Cooper. Garcia, Kelly. Kinnison, Marez, Noyola, and
Scott, voting "Aye".
8,a RESOLUTION NO. 026448
Resolution authorizing the City Manager or his designee to accept a grant in the amount of
$149,562 and to execute a contract and all related documents with the Texas State Library
and Archives Commission for the continued operation of the Interlibrary Loan Referral
Center located at the Corpus Christi Public Library, for state FY 2005-2006.
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Novola, and Scott, voting "Aye".
R h ORDINANCE NO. 026449
Ordinance appropriating a grant of 5149,562 from the Texas State and Archives Commission
in the No. 1068 Libraries Grant Fund for the continued operation of the Interlibrary Loan
Referral Center located at the Corpus Christi Public Library.
An emergency was declared. and the foregoing ordinance was passed and approved with the
following vote: Garrett. Chesney. Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye'.
Minutes - Regular Council Meeting
September 13, 2005 - Page 5
`) .,. RESOLUTION NO. 026450
Resolution authorizing the City Manager or his designee to accept a grant in the amount of
569,996 and to execute a contract and all related documents with the Texas State Library and
Archives Commission for the continued operation of the Technical Assistance Negotiated
Grant Program administered by the South "Texas Library System located at the Corpus Christi
Public Library, for the state FY 2005-2006.
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia. Kelly. Kinnison, Marez. Noyola, and Scott, voting "Aye".
h_ ORDINANCE NO. 026451
Ordinance appropriating a grant of $69.996 from the Texas State Library and Archives
Commission in the No. 1068 Libraries Grant Fund for the continued operation of the
Technical Assistance Negotiated Grant Program administered by the South Texas Library
System located at the Corpus Christi Public Library.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney. Cooper. Garcia, Kelly. Kinnison, Marez, Noyola, and
Scott, voting "Aye'.
10.a. RESOLUTION NO. 026452
Resolution authorizing the City Manager or his designee to accept a $2,000 gift from
Walmart to purchase books and other library materials for the Northwest Branch Library.
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia. Kelly, Kinnison, Marez, Noyola, and Scott. voting "Aye".
I0.h_ ORDINANCE NO. 026453
Ordinance appropriating $2,000 from a gift from Walmart in the General Fund No. 1020 to
purchase library' materials: amending the FY 2005-2006 Operating Budget adopted by
Ordinance No. 026385 by increasing appropriations by $2,000.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett. Chesney. Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye
‘v1 mutes - Regular Council Meeting
eptember 13- 2005 - Page 6
MOTION NO. 2005-314
Motion authorizing the City Manager or his designee to execute an agreement between the
City of Corpus Christi and Mr. Ron Lewis. of Austin, Texas for governmental relations
services relating to general water issues.
fhe foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
MOTION NO. 2005-315
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
Contract for Professional Services with Bath Engineering Corporation, of Corpus Christi,
Texas in the amount of $6.190 for a total re -stated fee of $30,290 for the Convention Center
Roof Top Air Handling Units Replacement - Phase 1
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia, Kelly, Kinnison, Marez, Noyola. and Scott, voting "Aye".
MOTION NO. 2005-316
Motion authorizing the City Manager or his designee to execute a construction contract with
Bridges Specialties. of Sandia. Texas in the amount of $98,899.69 for the Concrete Lined
Channel Rehabilitation -Van Galen Ditch. Phase 1 for the base bid and additive alternate.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia. Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye".
1S.a ORDINANCE NO. 026454
Ordinance appropriating $185,000 from unappropriated fund balance in the Maintenance
Service Fund No. 5110 FY2005-2006 Budget for the Central Library Chiller Replacement
2005 Project; amending the FY2005-2006 Budget adopted by Ordinance No. 026385 by
increasing appropriations by $185,000.
An emergency was declared. and the foregoing ordinance was passed and approved with the
following vote: Garrett. Chesney, Cooper, Garcia. Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye`
Minutes - Regular Council Meeting
september 13. 2005 - Page 7
MOTION NO. 2005-317
Motion authorizing the City Manager or his designee to execute a construction contract with
Malek, Inc., of Corpus Christi, Texas in the amount of $153,000 for the Central Library
Chiller Replacement 2005 Project.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia, Kelly. Kinnison, Marez. Noyola, and Scott, voting "Aye".
16. MOTION NO. 2005-318
Motion authorizing the City Manager or his designee to proceed with the AEP proposal for
conversion of 838 existing mercury vapor street lights throughout the city and replace them
with high pressure sodium fixtures at a cost of $100 per each for a total amount of $83,800.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia, Kelly, Kinnison. Marez. Noyola. and Scott, voting "Aye".
MOTION NO. 2005-319
Motion approving the application from Bayfest, Inc., to temporarily close the following street
sections for the Bayfest 2005 Festival, September 21 - October 4, 2005.
A Northbound Shoreline Boulevard (inside lane only), from the north right-of-way of
Power Street median crossover (exclusive of the median crossover at Power Street)
to Resaca Street, beginning at 9:00 a.m., Wednesday, September 21, 2005 through
5:00 p.m.. Tuesday. October 4, 2005:
B Southbound Shoreline Boulevard (full closure), from the south right-of-way of
Resaca Street to the north right-of-way of Power Street, beginning at 9:00 a.m.,
Wednesday-. September 21. 2005 through 5:00 p.m., Tuesday, October 4, 2005;
C Northbound Shoreline Boulevard (full closure), between north right-of-way line of
Power Street and the north right-of-way of Resaca Street, from 5:00 p.m., Thursday,
September 22, 2005 through 6:00 a.m., Monday, October 3, 2005;
D North Water Street (full closure), between Fitzgerald Street and Palo Alto Street from
8:00 a.rn.. Thursday. September 22. 2005 through 6:00 a.m., Monday, October 3,
2005:
E Palo Alto Street. east half between North Water Street and southbound Shoreline
Boulevard: Fitzgerald Street between North Water Street and Shoreline Boulevard
and Resaca Street between North Water Street and southbound Shoreline Boulevard
from 8:00 a.m.. Thursday. September 22. 2005 through 6:00 a.m., Monday, October
3. 2005.
Minutes - Regular Council Meeting
September 13, 2005 - Page 8
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia. Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye".
ORDINANCE NO. 026455
Ordinance amending the Code of Ordinances. Chapter 53 - Traffic, by revising Section 53-
114, speed limit when road or abutting property under construction or repair; providing for
penalties.
An emergency was declared. and the foregoing ordinance was passed and approved with the
following vote: Garrett. Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye.
1 >. ORDINANCE NO. 026456
Ordinance amending the Code of Ordinances, Chapter 53 - Traffic, Section 53-84, project
eligibility requirements and design standards, by incorporating the urban transportation plan
which is to be used for the identification of streets in determining eligibility for traffic
calming devices.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye-.
20.a. MOTION NO. 2005-320
Motion approving the application from Hogan Development Company, L.P., owner and
developer of Barclay Grove Unit 10 Subdivision located east of South Staples and north of
Lipes Boulevard for the remaining reimbursement amount owed the developer for the
completed installation of 1293 linear feet off-site 12 -inch PVC sanitary sewer collection line,
in compliance with Platting Ordinance Section V.B.6.f(2).(ii).(4).(d).
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
20.b ORDINANCE NO. 026457
Ordinance appropriating $69,385.99 from the Sanitary Sewer Collection Line Trust Fund No.
4220-250420 to pay the reimbursement application for the remaining reimbursement amount
owed for the completed installation of 1293 linear feet off-site 12 -inch PVC sanitary sewer
collection line to develop the Barclay Grove IJnit 10 Subdivision.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett. Chesney. Cooper. Garcia, Kelly. Kinnison, Marez, Noyola, and
Scott, voting ..Aye...
Minutes - Regular Council Meeting
September 13. 2005 - Page 9
Mayor Garrett opened discussion on Item 11 regarding the subrecipient agreements for the
Y" 2005 Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), and
IIOME Investment Partnerships (HOME) programs. City Secretary Chapa stated staff was
requesting that Item 1 1.t. regarding the Community Development Corporation be amended to add
Language to the last sentence as follows: -'subject to updating corporate status". Mr. Garcia made
motion to amend Item 11 as indicated by Mr. Chapa, seconded by Mr. Scott, and passed. The
motion to amend passed. City Secretary Chapa polled the Council for their votes on Item 11 as
Amended as follows:
MOTION NO. 2005-313
Motion authorizing the City Manager or his designee to execute Subrecipient agreements for
funds provided from the FY2005 Community Development Block Grant (CDBG) Program,
Emergency Shelter Grant (ESG) Program and HOME Investment Partnerships (HOME)
Program
CDBG Program:
a. AVANCE, Inc. - $100,000 for the construction of an AVANCE Parent -Child Education
Learning Center at 2822 Nogales.
b. Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place - $38,736 for
removal and replacement of carpeting in six buildings in which Charlie's Place provides
substance abuse treatment to homeless clients at 24 North Country Club Place.
c. Corpus Christi Police Athletic League $75,000 for the development and enhancement
of Ben Garza Park for the baseball field(s) including but not limited to backstops, fencing,
bleachers and lighting.
d Mary McLeod Bethune Day Nursery, Inc. - $25,000 for improvements to Building A
located at 900 Kinney Avenue.
e. Neighborhood Centers of -Corpus Christi - $110,000 for the renovations of the child care
center at 2020 Marguerite Street.
f Nueces County Community Action Agency - $80,000 for the weatherization and minor
repairs of homes occupied by families of low income in target areas.
g. Timon s Ministries - $13.995 for the addition of a temporary building at 10510 South
Padre Island Drive
h Universal Little League - 525.000 for improvements to the baseball field that include
ADA accessibility bleachers_ storage building, scoreboard and field enhancements at 4035
Greenwood.
Minutes - Regular Council Meeting
5eptember 13. 2005 - Page 10
i. Wesley Community ('enter -• $100,000 for the purchase of a child care facility at 4035
MacArthur
ESG Program: For Homeless Activities:
j. 911 Park Place, dba Mission 911 - 9,575
k. Catholic Charities - $13.000
I. Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place - $9,575
m Corpus Christi Hope House. Inc. - $13.000
n. Corpus Christi Metro Ministries, Inc. - $43,000
o. Mary McLeod Bethune Day Nursery, Inc. - $13,000
p. The ARK Assessment Center and Emergency Shelter for Youth - $13,000
q. The Salvation Army - $13.000
r. Timon's Ministries - 53.000
s. The Women's Shelter of South Texas - 520,000
HOME Program: For Housing Programs
t. Community Development Corporation (CDC) - $300,000 for funds to assist approximately
1-7 families in buying down a new home through the down payment and closing cost
program. subject to updating corporate status.
u. Accessible Communities. Inc. - $125,500 to provide tenant -based rental assistance
housing vouchers to ten individuals/families with disabilities and provide an accessibility
allowance up to $2,500 per unit for minor rehabilitation.
v. Costa Terragona I, LTD - 5400.000 for the land acquisition to construct 250 multifamily
apartment units to be built on 12.62 acres located between Interstate Highway 358 and
McBride Lane.
w- The Latino Education Project - 5100.000 for the rehabilitation of homes for low income
seniors residing in Corpus Christi.
tilinutes - Regular Council Meeting
September 13, 2005 - Page 11
x. Nueces County Community Action Agency (CHDO) - $266,000 for funds to assist
approximately 27 families falling at or below 80% of the Area Family Median Income for
Phase II of the 99 lot subdivision project currently underway of the approved amount,
$16.000 represents the additional ('HD() set aside contingent upon City Council approval
of total appropriations_
The foregoing motion was passed and approved as amended with the following vote: Garrett,
Chesney. Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye". (Mr.
Noyola abstaining on that portion of the motion dealing with AVANCE; and Mr. Marez
abstaining from that portion of the motion dealing with Wesley Community Center).
************
Mayor Garrett deviated from the agenda and referred to Item 25, a presentation by the Island
Action Group of the final Capital Improvement Priorities Report for Mustang and Padre Islands.
Assistant Director of Development Services Michael Gunning stated the Island Action Group was
tormed in June 2005 as one of the plan recommendations for the Mustang/Padre Island Area
Development Plan adopted on April 20, 2004. The group included representatives from the
following groups: Padre Island Property Owners Association (POA); Padre Island Business
yssociation (PIBA); property owners: residents; and developers, builders and architects.
Mr. Gunning stated that between June and August 2005, the Island Action Group
t ollaborated with staff to create a report identifying the highest priority programs and projects for
improving the island. The report served several purposes as follows: to document the process for
prioritizing future projects and programs on the island; to prioritize unfunded and partially funded
future public projects and programs; and to highlight recent projects and programs on the island.
Mr. Gunning acknowledged the members of the Island Action Group as follows: Chairman
Jeff Frahm; Vice -Chairman Gladys Choyke; Cindy Molnar; Jack Ponton; Jimmy Johnston; Mindy
Niles; Paul Schexnailder; Alex Harris: Cliff Zarsky: Jim Urban; John Trice; Ro Wickham; and Mo
Walker. lie also acknowledged new city staffmember Dan McGinn, who served as project manager
under the direction of Mr. Bob Payne. Senior Planner.
Mr. Gunning stated one of the first steps in reviewing the plan recommendations was to
review the projects that had been recently accomplished on Mustang/Padre Island. He highlighted
a number of projects, including the 2000 Padre Island Tax Increment Financing District; Mustang -
Padre Island Area Development Plan; Island Overlay District 2004; raising of JFK Causeway ($40
million); Phase I Packery Channel ($30 million); Sea Wall Parking Lot ($0.5 million); and water
transmission line to the Island ($21 million).
Mr. Gunning discussed the process the Island Action Group used to prioritize the projects.
essentially, he said the group identified unfunded and partially funded projects and programs,
discussed each of the projects and programs with staff, and then prioritized each project and
program.
Mr. Gunning introduced Vice -Chairman Gladys Choyke to discuss the top priority projects
Minutes - Regular Council Meeting
September 13, 2005 - Page 12
Identified by the Island Action Group. Ms. Choyke reported the group identified twenty projects and
programs in their report. but she focused her presentation on the top five priorities. She remarked
that while the group's membership was comprised of diverse interests, they easily came to a
consensus on the top five priorities. She thanked staff and the group members for their efforts.
Ms. Choyke stated the top priority project ( Priority 1) identified in the report was the Packery
'hannel recreational improvements. which she said was the key project driving future Island
development. She noted that Phase I of the project was nearly complete, and provided the basic
nfi-astructure for the development of Packery Channel. ilnfunded Phase II improvements should
include, but not be limited to. the following recreational amenities: marina, restrooms, parking,
pavi lighting, concessions, and bath houses.
Ms. Choyke discussed the second priority project, aesthetic and operational improvements
it) S P.1.D. (Park Road 22) and State Highway 361 She said the overall goal for public and private
improvements visible from S.P.1.D. was to create a unique "sense of place" for visitors as they
entered the island off the JFK Causeway or as they entered the city from State Highway 361. The
croup felt this could best be accomplished by creating a boulevard -style roadway with lush
andscaping and attractive lighting which was accessible to pedestrians and bicycles.
The third priority project was the care and maintenance of the beach. Ms. Choyke stated the
Peaches were probably the most important resource and top tourist attraction in the city.
Consequently, beach maintenance efforts should reflect this.
The fourth priority was improvements to the seawall areas. which Ms. Choyke characterized
as a bland and uninviting structure. With the proper amenities, she said the seawall had tremendous
potential as a tourist destination. She said amenities should include a seawall parking lot; improved
accessibil ity; shaded areas with benches; areas for concession stands; restroom facilities; and address
ADA concerns.
The fifth and final priority was storm water drainage improvements for Mustang Island. Ms.
Choyke stated many of the drainage problems in the low-lying areas around State Highway 361 were
attributable to the lack of a drainage master plan and drainage system for Mustang Island. In
onclusion. Ms. Choyke thanked the Council and her fellow committee members for their efforts.
Mr. Scott thanked the Island Action Group for their hard work and commitment, saying the
residents had raised the need for an action plan in the first place. Ms. Choyke replied the group
onsensus was to continue meeting on a monthly or quarterly basis to provide recommendations and
identify additional projects for the Council. Mr. Scott agreed with their suggestion.
Mr. Scott asked how the beautification improvements at the intersection of Park Road 22 and
tiH
361 could be realized. City Manager Noe replied one aspect of the project would involve land
acquisition. In addition, SH 361 was a state highway. so the city would need to coordinate the plan
implementation and funding with Tx DOT.
Mr. Scott asked if the city had considered changing the method used to clean and maintain
the Keach. noting that the general consensus was that areas the city was responsible for were cleaner
'MMinutes - Regular Council Meeting
September 13. 2005 - Page 13
i han the county's areas. City Manager Noe answered he was unaware of any proposals to change the
method for beach cleaning: rather. staff had discussed the potential of consolidating beach cleaning
'. ith the county. Ile said there were four or five different entities using different methods for
cleaning the beach. and the public did not know who was responsible for cleaning different areas.
Mr. Scott spoke in favor of building a parking lot on the seawall and removing vehicular
raft ie. He said this would create the potential for a promenade on the seawall with other amenities.
Finally. Mr Scott asked ifthe storm water drainage improvements for Mustang Island would
be included in the forthcoming Storm Water Master Plan staff was preparing for Council
consideration. Mr Noe answered affirmatively. saying the city had contracted with a company to
determine the contours of the island to obtain the data necessary for the master plan development.
Mr Scott asked Mr. Noe to brief the Island Action Group on the results of the study and the master
7Ian development. He thanked staff for their efforts. noting that he had heard positive comments
about Mr McGinn.
Mr. Garcia congratulated the Island Action Group and staff for their efforts in formulating
he report He also asked about storm water drainage improvements for Mustang Island. Assistant
it‘ Manager Ron Massey reported staff was currently determining where the major outfalls would
ne located. saying an outfall was needed on the northern end of the Island. He said drainage
mprovements would need to be coordinated with Tx DOT if the drainage moved through their right -
t -way. Once the outfalls were determined, it would set the framework for the storm water drainage
improvements on the Island.
* * * * * * * * * * * * *
Mayor Garrett referred to Item 21.a., and a motion was made, seconded, and passed to open
the public hearing on the amendment to the FY 2005 Consolidated Action Plan as follows:
21.a. Public hearing to receive public comments regarding the amendment of the FY2005
Consolidated Annual Action Plan to realign. reprogram and reallocate Community
Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs
funds.
Mayor Garrett asked for public comment. Mr. John Warren, chairman of the Cliff Maus
Village Apartments Board of Trustees, and Mr. Abel Alonzo, 1701 Thames, asked the Council to
support staffs recommendation of $114.000 in HOME funds to address urgent health and safety
needs related to the complex's sewer and drainage system.
Mr. Ron Anderson. executive director of Housing and Community Services, Inc., explained
the Northside Manor Apartments had been awarded $300,000 in HOME funds for new construction
of replacement housing Although the project developer and city staff worked diligently with HUD,
and also received assistance from Senator Hutchison's office and the Texas Department of Housing
and Community Affairs. the HUD regulations were not flexible enough to allow the project to be
accomplished at this time Thus, Mr. Anderson said he was relinquishing its HOME funding, but
has requested a reallocation of $60,000 for security improvements, including fencing at the existing
Minutes - Regular Council Meeting
September 13, 2005 - Page 14
project. This action released $240.000 in HOME funding.
Mr. Henry Williams with the Northside Committee asked the Council to support the
requested funding for the Northside Manor Apartments.
Mr. Garcia made a motion to close the public hearing, seconded by Ms. Cooper, and passed.
Mr Noyola thanked Mr. Tom Utter for his assistance with the Cliff Maus Village Apartments and
he El Paraiso Apartment funding requests. City Secretary Chapa polled the Council for their votes
,is follows:
= 1.h MOTION NO. 2005-321
Motion authorizing the City Manager or his designee to amend the FY2005 Consolidated
Annual Action Plan for the CDBG and HOME Programs.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
* * * * * * * * * * * * *
Mayor Garrett referred to Item 22, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0705-02, D.V. Navigation Properties, Ltd.: A change of zoning from an "I-2" Light
Industrial District to an "1-3" Heavy Industrial District. The property is 0.063 acre out of a
portion of Lots C and D, Block 5, Ellendale Gardens No. 3. located along Flood Street and
450 feet south of Leopard Street.
City Secretary' Chapa said the Planning Commission and staff recommended denial of "I-3"
Heavy Industrial District, in lieu of. approval of a Special Permit subject to a site plan, and approval
of the Fire Marshall and Zoning Board of Adjustment.
Mayor Garrett asked for public comment. Mr. Tom Watson asked for clarification about the
type of fuel storage tank being proposed. He was in favor of a tank with vaulted construction. Mr.
Craig Williams with Branscomb P.C., representing the applicant, stated they were proposing a tank
design that was a top-of-the-line, two-compartment, double well, vaulted fuel storage tank. They
were in favor of the Special Permit recommended by staff, subject to the approval of the Fire
Marshal and the Zoning Board of Adjustment.
In response to Mr. Kelly's question, Assistant Director of Development Services Michael
(iunning explained the proposed above ground fuel storage tank had to be approved by the Fire
Marshal to ensure it met the fire code. Under the city's zoning ordinance, any above ground fuel
storage tank must he zoned "I-3- district or fall under a Special Permit. The Planning Commission
and staff were recommending the denial of the "1-3" zoning change and in lieu of an "I-2" district
with a Special Permit to identify the pad site that would accommodate the above ground fuel storage.
In addition to the rezoning, he said the Zoning Board of Adjustment must also approve the above
Minutes - Regular Council Meeting
'eptember 13. 2005 - Page 15
aground fuel storage tank as an objectionable use. The Planning Commission tabled the case until
\ugust 10, 2005 to allow the applicant to discuss site plan issues with the Fire Marshal. This was
completed. so the next step was to bring the matter before the Commission and the Council.
Mr Chesney made a motion to close the public hearing, seconded by Mr. Garcia, and passed.
�1r C'hapa polled the Council for their votes as follows:
ORDINANCE NO. 026458
Amending the Zoning Ordinance, upon application by D.V. Navigation Properties, Ltd., by
changing the zoning map in reference to .063 acre out of a portion of Lots C and D, Block
5, Ellendale Gardens, Number 3, from "1-2" I.ight Industrial District to "I-2" Light Industrial
District with a Special Permit on a 10 by 30 pad site for a 6,000 gallon above ground fuel
tank subject to a site plan and approval from the Zoning Board of Adjustment and the Fire
Marshall: amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett. Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye'.
Mayor Garrett referred to Item 23 as follows:
Case No. 0705-04, Mostaghasi Investment Trust: A change of zoning from an "A-1"
Apartment House District to ari "A-2" Apartment House District. The property is 7.576 acres
out of Flour Bluff and Encinal Farm and Garden Tracts on the southern 300 foot portion of
Lots 9 and 10, Section 11. located along Cimarron Boulevard and east of New Bedford
Drive. (Tabled 8/30/05)
City Secretary Chapa announced this item was tabled by the applicant on August 30, 2005.
Ile said the applicant has requested to continue the tabling to September 20, 2005. Mr. Gunning
interjected that the applicant has asked for additional time to hold a meeting next week. They wished
to continue tabling the item until September 27, 2005. Mr. Chesney made a motion to table the item
to September 27, 2005, seconded by Mr. Scott, and passed.
2 3. TABLED UNTIL SEPTEMBER 27, 2005
an d Gail ii 1 acts uni the,uutlrciii 300lvvt poi ion of Lets N and 1 t1, JCGt1on t 1, Iiom
Mayor Garrett referred to Item 24. and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
"Minutes - Regular Council Meeting
`September 13, 2005 - Page 16
Case No. 0605-01, TEMET Properties: A change of zoning from "R -1A" One -family
Dwelling District to a "R-2" Multiple Dwelling District. The property is Edgewater Terrace,
Block 4. Lots 8.9, 10 and 11. located along the southwest corners of Ocean Drive, South
Alameda Drive and Edgewater Drive. (Tabled 8/23/05)
City Secretary Chapa said the Planning Commission and staff recommended the denial of
"R-?' Multiple Dwelling District and, in lieu of. approval of a "R-1A"/PUD-2 - One -family
)weIling District with a Planned Unit Development 2. subject to a site plan and (9) nine conditions.
Director of Development Services Barbara Bailey Holly stated this was a controversial case
hat had been fairly drawn out. She said there were four lots in the Edgewater Terrace subdivision
that had been vacant since the 1930s. Multiple meetings had been held with the neighborhood and
the development community to create the best type of project for this land. The end result of the
discussions was a proposed development comprised of seven single-family townhomes not to exceed
three stories and 39 feet in height. The minimum rear setback from the rear property line based on
the site plan ranged rom 28'7" to 66'2". Along the west property line, a minimum setback of 33'3"
as set. The townhomes were standard single-family but were attached. They met the International
Residential Code for fire safety, parking. screening. and landscaping.
Ms. Holly said the applicant had originally requested an "R-2" Multiple Dwelling District
zoning, but staff discouraged this zoning and suggested using a Planned Unit Development "PUD -2"
which would speci fically set out how the development would proceed to address the neighborhood's
. oncerns
Ms. Holly reviewed the proposed site plan for the development. She pointed out the property
had been vacant for the last 80 years. in large part because the traffic volumes in this area were fairly
high, and thus was not generally, conducive for a standard single-family area. The subject property,
located on the corner of Ocean. South Alameda. and Edgewater Drives, had a 2001 traffic count of
3.100 vehicles on Ocean Drive alone_ She said staff felt this was a reasonable, responsible plan for
his. location.
Ms. Holly reviewed the nine conditions the applicants agreed to at the Planning Commission
meeting related to the permitted use; building height of use; frontyard/building setback line; rear
setback; side setback; fencing; streets: access; and time limit. She pointed out that the access to the
property would be limited to one ingress and egress driveway provided along Ocean Drive that
would bc gated. There was a further restriction that they would not have an access point onto
I dgewater Drive at the rear of the property. However. at the last meeting held with the residents,
Ms Holly said they had requested two more conditions, namely a screening wall at the rear of the
units and a requirement that any glass windows on the third floor would have to constructed out of
opaque glass (e.g. glass block. frosted glass) to prohibit direct views into the backyards. The
applicants had agreed to the two additional requirements. This would increase the number of
,.onditions to the Special Permit from nine to 11. Ms. Holly concluded staff felt this was a rational.
reasonable project. and they supported the "R-1 A -/P1 !D-2 zoning with the eleven conditions.
Minutes - Regular Council Meeting
September 13, 2005 - Page 17
Ms. Holly stated turner. Hickey and Associates. representing the applicant, and the
1-dgewater Terrace residents both had PowerPoint presentations for the Council. Mr. Jack Rice
1 urner and Mr. Phillip Ramirez with Turner, Hickey and Associates described the project in the
ords of Mr. Sam Sussex, owner of the Circle K across from the subject property, as an exciting
contemporary development that served as a nice introduction to the contemporary look of Texas
1&M University - Corpus Christi. He displayed a computer-generated "flyaround" of the proposed
development. Mr. Ramirez stated they tried to locate the townhomes in a manner to maximize the
distance from the neighboring properties to be less intrusive. He stressed that the project was
esigned to face Ocean Drive to capitalize on the bay_ views. with minimal emphasis on the rear of
he property facing the residential neighborhood. He showed the Council where the proposed
screening fence would be located, and indicated where the single access point to the property was
ocated on Ocean Drive. Mr. Turner said his team had met with the residents on five separate
,ccasions, two with the Planning Commission and three private meetings. In addition, he and Mr.
Ramirez had spoken with the residents on a one-on-one basis over the past five months.
Mr. Ramirez reviewed the eleven conditions to the site plan, emphasizing that they had tried
no obtain input from the neighborhood and address their concerns in the plan. They had agreed to
he -R-1A- zoning which limited the size of their development from 14 to seven units because they
.anted a high-quality, lower density development for this space. They had requested a building
height of 9 feet rather than 35 feet. which was common in a two-story luxury home on Ocean Drive.
Mr Turner added the subject property dropped off ten feet from the west side to Ennis Joslin Road;
thus. six of the seven units would be below 39 feet and closer to 35 feet. Regarding the time limit
. ondition. Mr. Ramirez stated it stipulated that the construction should commence within two years
from the approved ordinance date of the PUD -2 development and should be completed within five
ears from the approved ordinance date of the PIJD-2 This addressed the resident concern that the
project would never be completed. Mr. Turner added the townhomes would sell for approximately
$500,000- Mr. Ramirez pointed out that based on the current zoning, they could have developed the
property within five to five and a half feet of the rear property lines.
In conclusion, Mr Ramirez read a letter from Mr. Sam Neff, 6054 Edgewater, spoke in
support of the proposed development. As one of the three property owners sharing a border with the
development, he telt the restrictions placed on the development would protect the adjacent
neighborhood sufficiently and would benefit the community as a whole. Mr. Bill Pope, 6041 Ocean,
who resided two lots away from the project, also spoke in support of the development.
Mr. Scott stated the neighbors were very concerned about drainage problems in the areas.
ti1r Turner replied his firm had hired a civil engineer. and also per city code, were required to
present a drainage plan to the city for their approval. Mr. Scott remarked the city would not issue
permit if staff did not feel the drainage plan was sufficient.
Mr. Garcia asked if the developers planned to raise the elevation on the lower parts of the
property so it was level with the rest of the land. Mr. Martinez answered negatively, saying it would
be prohibitively expensive; rather, they planned to use the lower elevations to their advantage by
iuwering the height of the building. Mr. Garcia commented that this would enhance their drainage
issues. Mr. Martinez answered affirmatively.
Minutes - Regular Council Meeting
tseptember 13. 2005 - Page 18
Mr. Hal George. 3649 Leopard. stated he represented a majority of the Edgewater Terrace
residents opposed to the zoning change. He said they were opposed to the change for two primary
,easons: the density of the development and the building height. He said the residents were
extremely opposed to the idea of a monolithic. three-story building in their sight line. They were
opposed to the proposed screening fences because they felt it would exacerbate the visual
obstruction. In addition. the proposed plan for the development included rooftop gardens and hot
ubs. which would contribute the privacy issues for the neighborhood. While they were not opposed
0 the development of the subject property. the residents felt it was economically feasible to develop
he property as it was currently zoned. He said the residents considered the subject property to be
-oar of the neighborhood.
Mr. George said one of the residents, Ms. Candy Skelton, would present a PowerPoint
presentation, and Mr. Jim Ray and Mr. Carlos Truan would speak as well. He said other residents
may speak as well.
Mr. Chesney stated the PUD -2 zoning provided the residents with an opportunity to be
involved in the plan for the development, and dictating certain conditions in the plan. He said if the
Council were to reject the PUD -2 zoning, then the residents would lose the ability to control the
terms. Under the current zoning for the property, a developer could build a development that was
Leet from the rear and five feet from the side, with a building height of 35 feet. Thus, the residents
.ould see five, 35 -foot homes that were five feet away, as opposed to the proposed development with
even townhomes that were 28 feet away. Thus, he did not understand why the neighborhood was
opposed to the PUD -2. In response to Mr. Chesne_y's question, Ms. Holly stated the developer could
replat the property, which was a ministerial action, to build five homes with zero -lot lines that would
have five-foot side and rear setbacks. Mr Chesney said he usually deferred to the neighborhood on
these issues, but he wanted to be sure the neighborhood was aware of what was at stake.
Mr. Carlos Truan spoke in opposition to the proposed zoning change, saying the proposed
development would negatively affect the character of the Edgewater Terrace neighborhood.
Ms. Candy Skelton was prepared to make a PowerPoint presentation on behalf of the
Edgewater Terrace residents. Mayor Garrett asked for a brief recess to present proclamations and
hold public comment. He asked Ms. Skelton to wait until after the break to make her presentation.
* * * * * * * * * * * * *
Mayor Garrett called for a brief recess to present proclamations.
* * * * * * * * * * * * *
Mayor Garrett called for petitions from the audience. Mr. Johnny French, 4417 Carlton,
spoke regarding a meeting held last night on the beach closure in front of the seawall at Packery
Channel, saying the Council could not attend but did send five representatives, including Mr. Tom
I `tter. He said he had not received a written response to a letter posing eight questions regarding the
Keach closure. He spoke against the beach closure to vehicular traffic.
\linutes - Regular Council Meeting
September 13. 2005 - Page 19
Mr. Jack Gordy_ 41 18 Bray. spoke regarding his concerns about alleged missing equipment
n the public access studio He stated the Council should investigate and prosecute Ms. Colomo,
whose group managed the studio, if appropriate. Mr Noyola asked for an update on this issue. Mr.
Noe replied Assistant City Manager Martinez would provide an update soon.
Mr. Joel Mumphord. president of the local NAACP chapter, introduced several members of
;he t'handler_ AZ fire department who had assisted with the Hurricane Katrina relief effort locally.
Ile thanked the city for their efforts to assist the Hurricane Katrina evacuees, who were mostly
yfrican-American.
r. Abel Alonzo, 1701 Thames, spoke regarding difficulties with the RTA bus system, and
. ommented that he felt the RTA Board's current appointee representing transportation disadvantaged
ndividuals could not truly relate to the needs of the disadvantaged.
Ms. Gloria Scott, 1805 Third Street, asked for a copy of the city's CDBG proposal, the
guidelines under the Public Information Act, the guidelines for the implementation of CDBG, and
a copy of all the proposals submitted for funding, the rating system and scores for all the projects,
and the demographics of the recipients for 2005-2006. She also spoke against the pressure the City
was placing on the Hurricane Katrina evacuees to leave. and asked the Council to look into that.
Mayor Garrett asked the City Manager to look into this matter.
Ms. Cheryl Grundy. 13978 Windjammer Drive, representing the Gulfstream Condominiums
t'ouncil of Co -Owners. spoke in favor of the plan to build a parking lot near the seawall in Packery
Channel.
* * * * * * * * * *
*
**
Mayor Garrett reopened the discussion on Item 24, the TEMET Properties zoning case. Ms.
Candy Skelton, 6046 Edgewater. made a PowerPoint presentation presenting the residents' case
against the proposed zoning change. Essentially_ the residents opposed the character of the
development because it did not fit in with the neighborhood; concerns about drainage issues; traffic
safety concerns; density: and building height.
Mr. Scott questioned Ms. Skelton's contention that the proposed development could cause
more drainage problems in the area. Mr. Kelly and Mr. Garcia both recalled that in one of the
meetings the developer held with the residents, the developer was willing to improving the drainage
in the area. Mr. Chesney commented that resident concerns about drainage could be included in the
PUD -2.
Regarding Ms. Skelton's concerns about density, Mr. Chesney pointed out that if the
developer replatted the subject property, and it met the platting requirements to accommodate five
homes, then there was nothing the Council could do to change that.
Mr. Scott stated that during the meetings he attended between the developers and residents,
the residents, particularly Mr. Ray, refused to negotiate. By contrast, the developers acquiesced on
practically every concern raised by the residents except the number of townhomes and the monolithic
Minutes - Regular Council Meeting
September 13, 2005 - Page 20
structure.
Regarding an e-mail from TxDOT in Ms. Skelton's presentation, Mr. Scott noted TxDOT
stated an emergency exit would need to be located on the cul-de-sac on Edgewater. He said if the
subject property was replatted, there was a possibility this could occur. Under the PUD -2, however,
access to Edgewater Drive was prohibited.
The following individuals spoke in opposition to the proposed zoning change: anunidentified
man who said he lived directly next to the proposed development; Mr. James W. Ray; Ms. Valerie
ioodwin and Ms. Colleen Thomas, 5909 Edgewater.
Mr. Abel Alonzo. 1701 Thames. stated the Council should address the issue of whether the
development would benefit the community as whole, not just the neighborhood. He also took
,%ffense to comments made by the residents about the possibility of persons with disabilities living
the proposed development.
Regarding Mr. Kelly's question about Mr. Rays comments on access to Edgewater Drive,
M s. Holly said any approval of a driveway near the subject property on Ocean Drive would be ajoint
decision between city staff and TxDOT.
Mayor Garrett commented that his main concern about the proposed development was
preserving the residents' privacy.
Mr. Scott stated that while he would support the residents' wishes regarding this issue, he was
concerned that the residents were surrendering any sense of certainty they might have had about the
type of development by rejecting the PUD -2. He said the residents should be careful what they wish
tor. because they just might get it. He thanked the residents, staff, development community, and
Council members for their efforts.
Mr. Kelly, Ms. Cooper. and Mr. Marez stated they would support the neighborhood's
position. hut felt they had missed an opportunity to control what would happen to the property in the
future.
Mr. Noyola spoke against resident statements against persons with disabilities, saying the
neighborhood should not be threatened by them. He expressed the same concerns about the control
the neighborhood was surrendering by opposing this zoning change.
Mr. Garcia thanked the neighborhood for their efforts, saying he would try to vote in a way
to benefit the entire community.
A motion was made, seconded, and passed to close the public hearing. Mr. Chapa clarified
the ordinance before the Council reflected the Planning Commission and staffs recommendation,
so a vote in favor of the ordinance would be in support of the applicant's request. City Secretary
Chapa polled the Council for their votes as follows.
Minutes - Regular Council Meeting
September 13. 2005 - Page 21
.'_-t FAILED
fhe foregoing ordinance failed with the following vote: Garrett, Chesney, Cooper, Garcia,
Kelly, Kinnison, Marez. Novola, and Scott. voting "No".
* * * * * * * * * * * * *
Mayor Garrett referred to the presentations on the day's agenda. Item 26 was a presentation
by the Convention and Visitors Bureau (CVB) regarding the new branding concept for the Corpus
Christi Harbor Area. CVB President and CEO Tom Galyon stated the branding concept included
he input of all the entities in the Corpus Christi Harbor Area. The general consensus supported the
use of the SEAtown concept, standing for Sports Entertainment and Arts. He displayed numerous
tides of the new SEAtown logo concepts being recommended for signage, T-shirts, and shuttle, and
flagpole signage. Mr. Galyon stated the CVB has met with the Downtown Management District, and
felt that the SEAtown concept would work well with their D -Town concept for downtown. In
:onc-lusion, he hoped the Council would embrace the concept and integrate it into the Bayfront
Master Plan.
* * * * * * * * * * * * *
The next presentation was Item 27, a quarterly update on the Americans with Disabilities Act
1 ransition Plan and the city's Non -Discrimination ordinance. Director of Human Relations Leon
Bazan reported on accessibility improvements in public facilities, public programs, site development,
outreach, and citywide curb ramps
Regarding accessibility improvements, Mr. Bazan reported engineering services had
,:ompleted the project for the removal of barriers for accessibility within 26 city public facilities.
Additional ADA accessibility' reviews had been conducted at American Bank Center and
Whataburger Field by a consultant from the Disabilities Law Research Project.
With regards to public programs. Mr. Bazan stated programs at the city libraries and Museum
of Science and History continued to experience positive utilization. Closed captioning for the
broadcast of City Council meetings began with today's broadcast. The Parks and Recreation
department had implemented a number of changes as follows: programs at recreation and senior
enters have added adjustable accessible tables; provided training in American Sign Language for
'elect staff. and ordered accessible lifts to ensure that at least five of the city pools would be
ticcessible to persons with disabilities
Regarding site development. Mr Bazan stated the goal was to identify participants to attend
Minutes • Regular Council Meeting
September 13, 2005 - Page 22
the State of Texas Academy on Texas Accessibility Standards held by the Texas Department of
I .icensing and Regulation. He also recommended that the American Bank Center and Whataburger
Field enroll a joint representative in this academy.
Regarding outreach improvements. Mr. Bazan stated the Human Relations department was
continuing training efforts for new employees and participants of the Supervisory Training program
in diversity awareness, sensitivity training, and People First language. He also discussed the 2005
Collaborative Inclusion Event that brought together many city agencies and entities for four days of
\D \ education and awareness education.
With regard to citywide curb ramps, Mr. Bazan reported there were currently 25 specifically
defined ADA curb ramp projects encompassing 474 street miles. As of July 31, eleven ramps were
completed, nine were under construction. and five were in the design phase. Associated work
included relocation of utility poles and fire hydrants, and adjustments to signs and fence lines. The
projects were utilizing TxDOT, C:DBG, Bond 2000, and Drainage CIP 2004 funds. Upon
ompletion, Mr. Bazan stated the city will have spent approximately $125 million.
Mr. Bazan reported on ADA complaints filed under the city's non-discrimination ordinance.
v total of 117 complaints were tiled based on disability for this quarter as follows: six on places of
public accommodations (public businesses); two referrals to other governmental entities; and 109
on city public facilities and programs, six of which were on the use of trash carts for automated trash
pick-up services. Ile said this was a significant increase, considering that 142 complaints were filed
between February 2004 to April 2005, as opposed to 117 in a single quarter.
Mr. Bazan stated the Human Relations department was also responsible for enforcing non-
discrimination applications relative to employment, fair housing, and places of public
accommodation. He said the city had contractual funding agreements with the Equal Employment
Opportunity Commission ( EEOC ) and the Department of Housing and Urban Development (HUD).
Both contracts were up for renewal during the third quarter. The EEOC normal target date for case
completion was 180 days and the normal HUD target was 100 days. He said the Human Relations
department had exceeded the EEOC production contract measure of 100 closed cases by June 30,
achieving 102 cases. During the third quarter, 11 case mediations were conducted. He reported that
the UFO(' 2005-2006 contract was renewed, placing $70,000 in contract value into the General
Fund. Referring to bar graphs. he said the main status or basis of EEOC complaints was employer
retaliation. and the most common EEOC case closure type was a no fault settlement.
Mr. Bazan reported on the HUD Fair Housing contract. He said the Human Relations
department had closed 16 HUD cases by the June 30th measurement period. The HUD contract was
renewed for 2005-06, with a contract value of $72.000 placed into the General Fund.
Mayor Garrett asked if the 117 complaints filed under the city's non-discrimination ordinance
were filed by many individuals or a few individuals. Mr. Bazan replied a single individual had filed
92 of the 117 complaints.
* * * * * * * * * * * * *
Minutes - Regular Council Meeting
',eptember 13. 2005 - Page 23
Mayor Garrett opened discussion on Item 28 regarding the execution of documents necessary
for the implementation and appropriation of funds for the FY 2005 Consolidated Annual Action
9fancomprised of the Community Development Block Grant (CDBG), Emergency Shelter Grant
ES( i), and Home Investment Partnerships (HOME) programs. City Manager Noe noted staff was
requesting two amendments to this item. City Secretary Chapa stated that on Item 28.a., staff was
requesting an amendment to the exhibit to reflect the changes authorized after passage of Item 21.
Mr. Garcia made a motion to amend Item 28.a. to change the exhibit to concur with the Council's
.tpproval of Item 21. seconded by Mr. Noyola, and passed.
City Secretary Chapa said staff was requesting that Item 28.b. needed to be amended as well
o change the dollar amounts related to the passage of Item 21 as follows: change $7,989,318 to
58.009.318; change $5.414.459 to $5.434.459; and change $708,081 to $728,081. Mr. Garcia made
t motion to amend Item 28.b. as stated by Mr. Chapa. seconded by Ms. Cooper, and passed.
City Secretary Chapa announced that Mr. Noyola would be abstaining from the vote and
discussion on the sections of Item 28.a. related to AVANCE and the Business Resource Center, and
Mr_ Marez would be abstaining from the vote and discussion on sections of Item 28.a. related to the
Wesley Community Center. There were no comments from the audience. City Secretary Chapa
;polled the Council for their votes as follows:
28.a MOTION NO. 2005-322
Motion authorizing the City Manager or his designee to execute all documents necessary
with the United States Department of Housing and Urban Development (HUD) to accept and
implement the FY2005 Consolidated Annual Action Plan for Community Planning and
Development (CPD) Programs that include the Community Development Block Grant
(CDBG). Emergency Shelter Grant (ESG) and Home Investment Partnerships (HOME)
Programs.
The foregoing motion was passed and approved as amended with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Mr.
Noyola abstaining from the sections of the motion related to AVANCE and the Business
Resource Center; Mr. Marez abstaining from the section of the motion related to the Wesley
Community Center
?8.h ORDINANCE NO 026459
Ordinance appropriating $7,989,318 $8,009,318 in the No. 1059 CDBG Grants Fund for the
FY2005 Consolidated Annual Action Plan which includes: (1) $5,414,459 $5,434,459 for
the FY2005 Community Development Block Grant Program, consisting of $3,882,133 of
entitlement funds, $800.000 of program income from housing loans, $24,245 of demolition
lien program income, and $708,081 $728,081 of reprogrammed funds; (2) $150,150 of
entitlement funds for the FY 2005 Emergency Shelter Grant Program; and (3) $2,424,709 for
the FY2005 Home Investment Partnerships Program, consisting of $1,772,241 of entitlement
funds, $51,243 of the American Dream Downpayment Initiative grant, $300,000 of program
income from housing loans. and $301,225 of reprogrammed funds. for approved community
Minutes - Regular Council Meeting
September 13. 2005 - Page 24
planning and development projects and activities.
An emergency was declared, and the foregoing ordinance was passed and approved as
amended with the following vote: Garrett.. Chesney. Cooper. Garcia, Kelly, Kinnison, Marez,
Noyola. and Scott. voting Ave.""
Mayor Garrett opened discussion on Item 29 regarding the Packery Channel South Parking
of improvements project. City Secretary Chapa announced that Mr. Kelly would be abstaining
from the vote and discussion on Item 29. City Manager Noe replied this item would authorize staff
n proceed with the construction of the parking lot on the seawall of Packery Channel. The action
;would authorize the low -bid and Additive Alternate No. 3, which would be reimbursed from the
Packery Channel Improvements project.
Mayor Garrett asked for public comment. Mr. Neal McCrane, 4213 Estate Drive, stated he
=vas a member of the Coastal Bend chapter of the Surfrider Foundation, and expressed concern about
the proposed beach closure in front of the seawall that will take place once the parking lot was
nstalled.
7'he following individuals spoke in support of the parking lot project: Mr. Gene Guernsey,
M 33 Tarafaya, Ms. Gladys Choyke, 15321 Cartagena: Mr. CliffZarsky, 5202 Wooldridge; and Mr.
Jerry Boynton. 247 Rosebud.
Mr. Scott and Mr. Marez spoke in support of the proposed parking lot improvements and the
subsequent beach closure to vehicular traffic. They said it was the right thing to do to promote the
area and ensure public safety. City Secretary Chapa polled the Council for their votes as follows:
29.a RESOLUTION NO. 026460
Resolution expressing official intent to reimburse costs of the Packery Channel
Improvements project.
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia. Kinnison. Marez. Noyola, and Scott, voting "Aye"; Kelly abstained.
29.h MOTION NO. 2005-323
Motion authorizing the City Manager or his designee to execute a construction contract with
Haas Anderson Construction. Ltd., of Corpus Christi, Texas in the amount of $456,618.80
for the Total Base Bid and Additive Alternate No. 3 for the Packery Channel South Parking
Lot Improvements.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kinnison. Marez, Noyola, and Scott. voting "Aye"; Kelly abstained.
Mayor Garrett opened discussion on Item 30 regarding the minimum number of vehicles
Minutes - Regular Council Meeting
'eptember 13, 2005 - Page 25
required 10 receive a taxicab certificate. City Manager Noe stated for many years, the taxicab
,>rdinance was interpreted to say that the minimum number of cabs required to operate a taxicab
company was five. The city was recently approached by an individual who thought the ordinance
could be interpreted to allow a person to operate a cab company with a single cab, albeit still paying
for !ive application fees. The Council had asked that this issue be placed on the agenda for
1iscussion, rather than leave the matter up to staff interpretation. He said there were two ordinances
before the Council today. The first ordinance made it possible for one individual to operate a cab
company with a single cab The second ordinance clearly stated that a minimum of five cabs was
-•equired to operate a cab company. While staff was recommending that the city allow single -cab
. ompanies to operate, he said this was the Council's opportunity to set the policy as they wished.
Mayor Garrett asked if other cities allowed single -cab companies. Mr. Noe replied although
!i was not a common practice. there were communities that allowed an individual to have an single -
company. Mayor Garrett asked what the advantages and disadvantages were of having a single -
,:ab company. Mr. Noe replied the city did not have huge volumes of cab business, so there wasn't
much business to spread around. however, he felt the free market would rule in this case;
. onsequently, if an individual cab company could not provide adequate service, then it would go out
if business.
Mayor Garrett asked for public comment. Mr. Hal George, 3649 Leopard, represented Green
n Go Cab and the Coastal Bend Transportation Company. He said the overwhelming majority of
ities in the State of Texas and the nation did not allow a single -cab taxicab company. He said
multi -car companies provided a higher level of service and dependability to the customer, and kept
hetter records.
Mr. Dan Stiefel with Green n' Go Cab Company and Ms. Pam Connolly with the Coastal
Bend Transportation Company spoke against allowing a single -cab company. They felt a single -cab
company would not be able to keep accurate records and logs. and were could be unsafe if the driver
�cas di stracted
Mr. Noyola spoke in favor of allowing a single -car cab company.
Mr. Rodney Bair with Green n' Go Company spoke against allowing a single -cab company
because of concerns about poor customer service.
Mr. Joe Collins with Arriba Taxi Cab Company spoke in favor of the allowing a single -cab
company He said there was a 40 percent market in the community for individuals who wanted to
have the same cab driver serve them each time they rode. He said independent contractors were tired
of paying cuts to the larger cab companies. He argued there was a need for both multi -cab and
single -cab companies in the city.
Mr. Charles Lebbeck, 1 103 "fimbergrove Lane, and Mr. Santoya Fuentes, 2118 Herndon
:poke in favor of allowing a single -cab company.
Mr. George pointed out there was a change in the insurance provision in the ordinance which
had not been discussed. City Attorney Fischer explained that in the past, the city's risk manager had
'ti1inutes - Regular Council Meeting
September 13. 2005 - Page 26
allowed a lower amount of insurance than was required in the ordinance. This was a housekeeping
item that would formally give her the authority to do so.
Mr. Chapa clarified that there were two ordinances before the Council today. The Council
was now noting on staffs recommendation to allow a single -cab company. City Secretary Chapa
polled the Council for their votes as follows:
;i). ORDINANCE NO. 026461
Ordinance amending an ordinance of the City of Corpus Christi, Texas, amending Chapter
57 '`Vehicles for Hire.' Article 1 "Taxicabs" by amending Section 57-20, "Definitions,"
Section 57-32(5) "Same -information to be given." Section 57-36 "Taxicab Street Use Fee,"
of the Corpus Christi Code of Ordinances, to establish the minimum number of vehicles
placed into service at the time of issuance of a taxicab certificate; and amending Chapter 57
"Vehicles for Hire.- Article II. 'Taxicabs." by amending Section 57-56 "Liability Insurance"
to provide that the Director of Safety and Risk Management shall have the authority to adjust
liability insurance coverage limits in accordance with Section 17-19 of this Code of
Ordinances
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett. Chesney. Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye".
Mayor Garrett opened discussion on Item 31 regarding a request for fare increases from local
taxicab company owners in light of the recent increases in fuel costs. City Manager Noe stated the
taxicab companies were requesting a fuel surcharge of $1 be placed on the flag drop fee. Upon
review by the Police department, this request was rejected because it would charge the fee whether
customer drove a long distance or a short distance. He asked Mr. Randy Stoneroad, Police Legal
advisor. to explain staffs recommendation.
Mr. Stoneroad stated currently. taxicabs are allowed to charge $2.25 flag drop for the first
.ane -fifth mile or less, a 25 cent fuel surcharge per fare, and 35 cents per succeeding one-fifth mile
car fraction thereof. On September 1. Mr. George requested an increase of $1 to the flag drop, which
will be referred to as Cab Company Plan A, citing the rapid increase in gasoline prices. On
tieptember 8, Mr. George requested a drop charge rate of $2.75 and a 40 cent per one-fifth mile
increment charge. referred to as Cab Company Plan B
Mr. Stoneroad stated during the past year. the cost of regular gasoline rose by $1.14 per
gallon. In April 2005. the Council raised the per/trip cab fare by $0.50 ($.025 flag drop raise plus
added $0 25 fuel surcharge).
Mr. Stoneroad showed a slide providing a direct comparison of staffs recommendation, the
t'all Company Plan A, and Cab Company Plan B. He said the staff plan incorporated a sliding scale
tor the one-fifth mile increment charge. For example. in the gas price range of $2.75 - 2.99, the one -
ti fth mile increment charge would be 38 cents. Staff recommended keeping the $2.25 flag drop and
the 25 cent fuel surcharge. Under Cab Company Plan A, the flag drop rate would be $3.25 with a
Minutes - Regular Council Meetmt2,
September 13. 2005 - Page 27
25 cent fuel surcharge and 35 cents per one-fifth mile increment. Under Cab Company Plan A, there
would be a $2.75 flag drop (50 cent increase). and 25 cent fuel surcharge, and a 40 cent per one fifth
mile charge (5 cent increase).
Mr. Stoneroad reviewed a slide depicting a cost per mile comparison between the three plans.
He noted that staffs recommendation spread the cost out over the length of the trip, and was more
inexpensive in the lower ranges than both Plans A and B. Using a 10 -mile trip, he said the current
cost was S19.65. Staffs plan would cost $21.12. "A'" would increase to $20.64 and Plan B would
Increase to $22.60. Thus the cab companies proposals were more inexpensive for long trips. HE
also compared the city's rates with other cities.
In summary. Mr. Stoneroad said staffs plan was very flexible because it rose and fell with
x uel costs It acted as a starting point to which the Council could add or subtract a penny or two. It
also economizes city resources. and balances the needs of cabbies and the citizens.
Mayor Garrett asked for public comment. Mr. Hal George, 3649 Leopard, stated his clients
wished to have a permanent rate increase as follows: a drop rate of $2.50; a 50 cent fuel charge as
ong as a regular gallon of gasoline stayed above $2 per gallon; and the rate per mile be changed
from $1.75 to $2.00 per mile (35 cents to 45 cents per one-fifth mile). His clients were opposed to
Plan A and staffs recommendation because it was not in multiples in five so cabbies could give
correct change. Ms. Pam Connolly with Coastal Bend Transportation added that the cab companies
would also like the city to change waiting time to include both waiting and travel time. She said
once the cab went below 12 miles per hour. the meter would begin to run.
Mr. Abel Alonzo, 1701 Thames, was concerned about how the fare increases would affect
the poor and disabled who use cab services.
Mr. Charles Lebbeck pointed out that the cab driver paid for their own gas, so this action
would help the cab companies more than the cabbies.
Mr. Chesney asked if there was any action the Council could take today that would benefit
the cab drivers. Mr. Noe replied negatively. saying whatever action the Council took would go to
the company. He said the advantage to staffs plan was that it would increase automatically as gas
prices changed, as opposed to dealing with additional requests for surcharges.
Mr. Scott asked about the issue with giving out change. Mr. Noe didn't feel this was an issue.
City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
'.eptember 13, 2005 - Page 28
ORDINANCE NO. 026462
Ordinance amending the Corpus Christi Code of Ordinances, Chapter 57, Vehicles for Hire,
Section 57-135, Fares - Amounts, to change the increment rate from thirty-five cents ($0.35)
additional fbr each succeeding one-fifth (1/5) mile or fraction thereof to a sliding scale
charge for each succeeding one-fifth (1/5) mile or fraction thereof which is based upon the
average retail price of one gallon of regular gasoline: and providing for penalties.
An emergency was declared. and the foregoing ordinance was passed and approved with the
following vote: Garrett. Chesney. Cooper. Garcia, Kelly, Kinnison, Marez, and Noyola,
voting ".Ave": Scott voting "No"
Mayor Garrett opened discussion on Item 32 regarding the setting of the ad valorem tax rate.
ity Manager Noe stated Item 32.a. adopted the ad valorem tax, but Item 32.b. needed to be pulled.
)irector of Finance Cindy O'Brien stated Item 32.a. would actually adopt the tax rate presented in
the budget of $0.625799 per hundred dollar valuation. She said Item 32.b. was the approval of the
Actual tax levy, submitted by the tax assessor/collector. Since this is the first year that the city has
he tax freeze for persons over 65 years of age in place, they were still computing the figures. She
auuoned that staffs estimates of the actual levy may go down because of the freeze. There were
10 comments from the public.
'.a ORDINANCE NO. 026463
Ordinance setting a tax rate of $0.625799 per $100 valuation. The ordinance prescribes the
taxes to be levied, assessed, and collected by the City of Corpus Christi, Texas for tax year
2005 and for each succeeding year thereafter until otherwise provided and ordained and such
other years as the same may be applicable.
Mayor Garrett made a motion that property taxes be increased by the adoption of a tax rate
of $0.625799 per $100 valuation. seconded by Ms. Cooper.
An emergency was declared. and the foregoing ordinance was passed and approved with the
following vote: Garrett. Chesney. Cooper. Garcia, Kelly. Kinnison, Marez, Noyola, and
Scott, voting "Aye-
�2.h WITHDRAWN
$0.625799 pel $100 vaaccordance With Section 26.09(e) of the Texas T4op
v.
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Regarding the executive session scheduled for today, City Manager Noe stated the Council
,.ould postpone this item until next week if desired. The Council concurred.
\1u utes - Regular Council Meeting
'eptember 13, 2005 - Page 29
W ITHDRA WN
udiiig NO$SLt lc di5cu»ivii and aetieii ILlcd thciclu til Op ii �wJiv1L
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Mayor Garrett called for the City Manager's report. City Manager Noe said he would share
.in update on the Hurricane Katrina evacuation for another date. He said the city currently had 539
_vacuees as of this morning. Mayor Garrett thanked staff for their efforts.
City Manager Noe also announced the first meeting for the first NIP area of this fiscal year
would be held as Rose Shaw Elementary School at 6:00 p.m.
Mayor Garrett called for Council concerns and reports. Mr. Scott asked for more information
about the city's shelters of last resort during Hurricane Katrina. City Manager Noe stated he felt
dood about the city's hurricane plan. He said staff had learned from the Hurricane Katrina
xperience, and would be reviewing the hurricane plan and implement changes to be ready for next
season. l le said the shelter of last resort was for individuals who either could not evacuate or
unwisely decided not to evacuate, and then felt uncomfortable with the decision. He said there was
A special needs program for those individuals with disabilities or other issues that would prevent
'hem from evacuating. The city coordinated with RTA to provide transportation. Staff had
discussed assisted evacuation in which school buses would evacuate people to San Antonio, but it
would be very difficult to accomplish without state resources. Mayor Garrett stated the notice of
evacuation would need to come sooner than normal. a lesson learned from New Orleans. He said
lursing homes were supposed to have their own plans.
Mr. Scott stated a developer had noticed the rundown exterior of City Hall. Mr. Scott asked
• t this was due to the construction project going on. Mr. Noe replied affirmatively, but said the city
should take more care of City Hall's appearance.
Mayor Garrett asked the City Manager to heighten enforcement efforts against motorcycle
stunt drivers.
Ms. Cooper thanked staff for their efforts during Hurricane Katrina, saying she was proud
f them.
Mr. Marez thanked staff for completing the ADA accessible sidewalks at the corner of Pierce
and Ayers He encouraged citizens to inform their Council members about their concerns so they
could be addressed. He thanked Mr. Escobar for addressing a safety concern for Holy Family
Catholic Church on Soledad Street. He said staff would be bringing an item forward to make it a
one- way street to make it safer for students. He also thanked Mr. Noe and staff for their efforts
during Hurricane Katrina.
Mr. Kinnison thanked staff for their efforts during Hurricane Katrina. He thanked the voters
vlinutes - Regular Council Meeting
September 13, 2005 - Page 30
or turning out to vote during the smoking ordinance election. He commented that Health
Department staff were being asked to work extended hours. Mr. Noe said that on the effective date
<,t the ordinance. staff wanted to be available to answer calls.
Mr. Kelly thanked staff for their efforts during Hurricane Katrina. He commented that a
«ater tower appeared to have fallen down at O.N. Stevens Water Treatment Plant. Mr. Massey
replied staff was replacing a tower.
Mr. Garcia thanked staff for their efforts during Hurricane Katrina. He said he had received
comments about the condition of the restrooms in Labonte Park. Mr. Noe said there was no sanitary
sewer system in the park; rather, a septic system was in place. He said it could be a policing problem
LP, well. He would address the issue. In response to Mr. Garcia's concern about ramps at U.S. 77,
Mr. Noe said it was TxDOT's final decision on the configuration, but the city could state their
posit ion.
Mr. Scott announced that on Monday night at 6 p.m., a City Hall comes to Island event would
he held at the Island Catholic Church.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 3:30 p.m. on September 13, 2005.
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