HomeMy WebLinkAboutMinutes City Council - 02/21/2006I 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 February 21. 2006, which were approved by
the City Council on February 28. 2006.
WITNESSETH MY HAND AND SEAL, on this the 28th day of February, 2006.
Armando Chapa
City Secretary
SEAI
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Bill Kelly
Council Members:
Brent Chesney
Melody Cooper
Jerry Garcia
Rex Kinnison
John E. Marez
Jesse Noyola
Mark Scott
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Meeting
February 21, 2006 — 10:00 a.m.
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 Evangelist Napoleon Johnson and the Pledge of
Allegiance to the United States flag was led by Council Member Noyola.
Mayor Garrett called for approval of the minutes of the regular Council meeting of
February 14, 2006. A motion was made, seconded, and passed to approve the minutes as
presented
*************
Mayor Garrett referred to Item 2 and the following board appointments were made:
Citizens Advisory Health Board
Maricruz Cantu (Appointed)
Suzzette Chopin (Appointed)
James Chrobocinski (Appointed)
Patricia Lynn Crangle (Appointed)
Araceli Barrera (Appointed)
Community Youth Development (78415) Program Steering Committee
Ana Galvan (Appointed)
Maria Teresa Lopez (Appointed)
Larry Rast (Appointed)
*************
Mayor Garrett called for consideration of the consent agenda (Items 3-12). There were
no comments from the public or the Council. A motion was made, seconded, and passed to
approve Items 3 through 12, constituting the consent agenda. City Secretary Chapa polled the
Council for their votes as follows:
Minutes — Regular Council Meeting
February 21, 2006 — Page 2
RESOLUTION NO. 026648
Resolution supporting and endorsing the continued operation of the Corpus Christi
Police Department Police Academy.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
RESOLUTION NO 026649
Resolution authorizing the submission of a grant application in the amount of $41,404 to
the State of Texas, Criminal Justice Division for Year 7 funding available under the
Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit with
a City match of $13,853 and $1,600 in-kind services and authorizing the City Manager or
his designee to apply for, accept, reject, alter or terminate the grant.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
5.a. RESOLUTION NO. 026650
Resolution authorizing the City Manager or his designee to accept a Weed and Seed
support grant from the United States Department of Justice (DOJ) in the amount of
$100,000 in the No. 1067 Parks and Recreation Grants Fund for Site II West for the
continued support of the Weed and Seed Program.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
5.b. ORDINANCE NO. 026651
Ordinance appropriating a $100,000 grant from the United States Department of Justice
for Site 11 West for the continued support of the Weed and Seed Program FY 2005-2006
in the No 1067 Parks and Recreation Grants Fund.
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".
MOTION NO. 2006-038
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
Contract for Professional Services with Gignac and Associates, Architects, of Corpus
Christi, Texas in the amount of $65,160 for the Bayfront Development Plan Phase 1
(BOND ISSUE 2004).
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
Minutes — Regular Council Meeting
February 21, 2006 — Page 3
7 MOTION NO. 2006-039
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
Contract for Professional Services with Morgan Spear Associates, Inc., of Corpus
Christi, Texas in the amount of $28,232 for a total restated fee of $44,072 for the ADA
CO-ED Fire Station Improvements. (BOND ISSUE 2004)
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. 2006-040
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
Contact for Professional Services with Finger Dye Spann, Inc. of Houston, Texas in the
amount of $184,170 for a total restated fee of $247,905 for Golf Course Improvements
(BOND ISSUE 2004).
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. 2006-041
Motion approving the second amendment to the Sanitary Sewer Gravity Trunk Main,
Sanitary Sewer Trunk Force Main, and Lift Station Construction and Reimbursement
Agreement with Yorktown Oso Joint Venture, owner and developer, Rancho Vista
Subdivision. to extend the time period a second time from February 28, 2006 to
September 30, 2006 for the developer to be eligible for reimbursement due to delays in
the completion of construction and to modify the terms of the agreement.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
10. MOTION NO. 2006-042
Motion authorizing the City Manager to execute a Deferment Agreement with King's
Crossing Realty, LTD, (Developer), in the amount of $22,000 for the installation of
paving and storm sewer public improvements to serve King's Crossing Unit 21, The
Village at King's Crossing, Block 1, Lots 1 and 2 Subdivision, located south of Lens
Drive and west of Cimarron Boulevard, in accordance with the Platting Ordinance
Section V -Required Improvements, Subsection A.3 (b).
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
11. FIRST READING ORDINANCE
Amending Chapter 2, Administration, Code of Ordinances, City of Corpus Christi, to
disestablish the Storm Water Management Advisory Committee.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett. Chesney. Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye"
Minutes — Regular Council Meeting
February 21, 2006 — Page 4
12. ORDINANCE NO. 026652
Abandoning and vacating a 7,215 -square foot portion of the Eden Lane public right-of-
way, out of Lot 3, Ehlers Garden Tracts, Lot 3D, Ehlers Garden Tracts, and Lot 5, Ehlers
Garden Tracts; located approximately 540 -feet east of the McBride Lane street right-of-
way and north of IH 37; subject to compliance with the specified conditions. (First
Reading 02/14/06)
The foregoing ordinance was passed and approved on its second reading with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye"
*************
Mayor Garrett referred to Items 13 and 14, and a motion was made, seconded, and
passed to open the public hearings on the following items:
13.a. Public hearing to consider abandoning and vacating a parcel of unimproved street right-
of-way containing 4,169.05 -square feet out of Lot 1, Block 1, Airline Unit 4 Subdivision,
located on the east corner of the Wooldridge Road and Airline Road intersection, in
connection with the Wooldridge Road Street Improvement Project, Phase 2 - Airline to
Rodd Field, Project 6266 (Bond 2004).
14.a. Public hearing to consider abandoning and vacating a parcel of unimproved street right-
of-way containing 3,452.70 -square feet out of Lot 1, Block 3, Wooldridge Creek Unit 9
Subdivision, located on the northernmost corner of the Wooldridge Road and Airline
Road intersection in connection with the Wooldridge Road Street Improvement Project,
Phase 1 - South Staples to Airline, Project 6267 (Bond 2004).
City Engineer Angel Escobar reported that both Items 13 and 14 related to right-of-way
that staff had identified as part of the Wooldridge Road Street Improvements project at the
intersection of Wooldridge and Airline Roads. Upon further review, Mr. Escobar reported that
excess right-of-way was identified, and staff recommended that the right-of-way be conveyed to
the adjoining property owner at fair market value. To commence the conveyance process, the
city was holding today's public hearings to abandon and vacate the parcel of right-of-way. Once
the parcels were declared surplus property, they would be conveyed to the adjacent landowner
by Special Warranty Deed. The city could then maintain the required right-of-way for the new
improvements while retaining a utility easement for future use.
There were no comments from the audience. Mr. Garcia made a motion to close the
public hearing, seconded by Ms. Cooper, and passed. City Secretary Chapa polled the Council
for their votes as follows:
Minutes — Regular Council Meeting
February 21, 2006 — Page 5
13.b. FIRST READING ORDINANCE
Abandoning and vacating a parcel of unimproved street right-of-way containing
4,169.05 -square feet out of Lot 1, Block 1, Airline Unit 4 Subdivision, located on the east
corner of the Wooldridge Road and Airline Road intersection, in connection with the
Wooldridge Road Street Improvement Project, Phase 2 - Airline to Rodd Field, Project
6266 (Bond 2004).
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney. Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye".
13.c. FIRST READING ORDINANCE
Declaring as surplus property a parcel of land containing 4,169.05 -square feet out of Lot
1, Block 1, Airline Unit 4 Subdivision, located on the east corner of the Wooldridge Road
and Airline Road intersection, in connection with the Wooldridge Road Street
Improvement Project, Phase 2 - Airline to Rodd Field, Project 6266 (Bond 2004).
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney. Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye".
13.d. FIRST READING ORDINANCE
Approving the conveyance of a parcel of surplus property containing 4,169.05 -square
feet out of Lot 1, Block 1, Airline Unit 4 Subdivision, located on the east corner of the
Wooldridge Road and Airline Road intersection to the adjacent property owner in
exchange for his/her perpetual maintenance of the property and as consideration for
partial payment towards an AEP electrical easement required for the street widening
project, and authorizing the City Manager or his designee to execute Special Warranty
Deeds for the property.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney. Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye".
14.b. FIRST READING ORDINANCE
Abandoning and vacating a parcel of unimproved street right-of-way containing
3,452.70 -square feet out of Lot 1, Block 3, Wooldridge Creek Unit 9 Subdivision, located
on the northernmost corner of the Wooldridge Road and Airline Road intersection, in
connection with the Wooldridge Road Street Improvement Project, Phase 1 - South
Staples to Airline, Project 6267 (Bond 2004).
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye".
Minutes — Regular Council Meeting
February 21, 2006 — Page 6
14.c. FIRST READING ORDINANCE
Declaring as surplus property a parcel of land containing 3,452.70 -square feet out of Lot
1, Block 3, Wooldridge Creek Unit 9 Subdivision, located on the northernmost corner of
the Wooldridge Road and Airline Road intersection, in connection with the Wooldridge
Road Street Improvement Project, Phase 1 - South Staples to Airline, Project 6267
(Bond 2004)
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney. Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye"
14.d. FIRST READING ORDINANCE
Approving the conveyance of a parcel of surplus property containing 3,452.70 square
feet out of Lot 1 Block 3, Wooldridge Creek Unit 9 Subdivision, located on the
northernmost corner of the Wooldridge Road and Airline Road intersection to the
adjacent property owner in exchange for his/her perpetual maintenance of the property
and as consideration for partial payment towards an AEP electrical easement required
for the street widening project, and authorizing the City Manager or his designee to
execute Special Warranty Deeds for the property.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney. Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye"
*************
Mayor Garrett opened discussion on Item 15 regarding a construction contract for Water
Main Improvements to Leopard and Third Streets. There were no comments from the audience
or from the Council. City Secretary Chapa polled the Council for their votes as follows:
MOTION NO. 2006-043
Motion authorizing the City Manager or his designee to execute a construction contract
with SLC Construction, of Conroe, Texas in the amount of $2,720,501.55 for the Water
Main Improvements: Leopard Street and Third Street project for Base Bid "A", Base Bid
"B" and Additive Alternate Numbers 1, 2, 3, and 4.
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 opened discussion on Item 16 regarding a construction contract for the St.
Andrews/La Costa Box Culvert Improvements. There were no comments from the audience or
from the Council. City Secretary Chapa polled the Council for their votes as follows:
Minutes — Regular Council Meeting
February 21, 2006 — Page 7
MOTION NO. 2006-044
Motion authorizing the City Manager or his designee to execute a construction contract
with Austin Filter Systems, of Austin, Texas in the amount of $1,260,623.25 for the St.
Andrews Park/La Costa Box Culvert Improvements for Base Bid "A", Deductive Alternate
'Al ", Base Bid "B", and Deductive Alternate "B2".
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 17, a presentation regarding a potential new joint venture
between the City of Corpus Christi and the Corpus Christi Independent School District (CCISD)
for a new Southside Library. Director of Libraries Herb Canales introduced Ms. Mary Kelley,
interim CCISD superintendent, and Mr. Andy Noriega, CCISD Chief Financial Officer. He stated
that the voters had approved $3.5 million to fund a new Southside Library in the 2004 Bond
election. The city and CCISD were considering a joint venture to locate the new library in the
Kaffie Middle School area. similar to their partnership in establishing the Janet F. Harte Library
in Flour Bluff.
Mr. Canales briefed the Council on other successful joint library partnerships. In 1997,
the city and all the area independent school districts partnered to create the Library Information
Network of Corpus Christi (LINCC), which linked the public and high school libraries in a
computer network. He said the Library Foundation raised approximately $500,000 towards the
computer system upgrade. Mr. Canales said the city's partnerships with the school districts
were still active today, almost ten years later.
In 1998, Mr. Canales stated that Mr. Ed and Janet Harte donated $1.84 million to the
City of Corpus Christi to construct a library in Flour Bluff. The Flour Bluff Independent School
district approached the city to partner with them on the project. The library was subsequently
dedicated in 2000 near Flour Bluff High School, and was considered a tremendous success.
Flour Bluff ISD agreed to provide the following functions: lease the land to the City for 99 years
at a $1 per year; provide 50 parking spaces and access to the rest of the school parking lot after
school hours; include provisions for three staff members and a $25,000 book budget in the
annual operating budget; and provide personnel to work evenings and Sundays during the
school year and assists with serving public library customers during school hours. Mr. Canales
displayed a number of slides of the Janet F. Harte Library site.
Because of their successful partnership in Flour Bluff, Mr. Canales reported that CCISD
and the city were considering a new partnership to construct a Southside library at Kaffie Middle
School, located off the intersection of Lipes Road and Brockhampton Road. City staff had held
preliminary discussions with Kaffie Middle School and CCISD officials, but no formal
discussions had been held. The Bond Issue approved by the voters called for a 12,000 square -
foot facility, requiring staff to find a site with sufficient parking. Engineering staff subsequently
conducted a survey of the proposed site, and deemed it suitable.
Ms. Cooper spoke in support of the project, pointing out that the new library would be an
ideal location for city WiFi portals.
Mr. Scott asked if the city was satisfied that Brockhampton and Lipes Roads could meet
the additional traffic demands. City Engineer Escobar replied affirmatively, saying that a
Minutes — Regular Council Meeting
February 21, 2006 — Page 8
planned subdivision in the area would add an outlet towards Lipes Road from the northwest.
Mr. Scott asked if sufficient parking would be available. Mr. Escobar replied a number of
parking spaces would be available on Brockhampton Road, with additional parking available at
the middle school after school hours.
Mr. Garcia spoke in support of the collaborative project. He praised the Janet F. Harte
Library, saying it was extremely popular with the community. He stated traffic and parking were
not an issue at the Flour Bluff location because of the additional parking available after school
hours. He asked Mr. Escobar how the city planned to address traffic congestion in the Kaffie
Middle School area. Mr. Escobar replied the Cimarron Boulevard Improvement project would
alleviate congestion in the area; it was scheduled for completion before the library was
completed Mr. Garcia also thanked CCISD for offering to partner with the city again.
In response to Mr. Kinnison's question, Mr. Canales replied that the Flour Bluff facility
was initially planned to be 11,000 square feet; however, since the city did not have to pay to
acquire land, the square footage was increased to 13,000. Mr. Kinnison asked if the $3.5
million in bond funds was sufficient to construct a facility that was at least 12,000 square feet, as
well as provide for furnishings and book purchases. Mr. Canales answered affirmatively. Mr.
Kinnison asked how many parking spaces would be available. Mr. Escobar replied that 90
parking spaces were planned. Mr. Kinnison asked if staff had contacted the adjacent
neighborhoods about the project. Mr. Canales replied negatively, but said staff could work with
Kaffie Middle School officials to arrange the meetings.
Mr Kinnison asked when the project would be completed. Mr. Canales replied that city
staff and CCISD officials would negotiate the terms of the interlocal agreement for
approximately two months The school board would then consider the agreement, followed by
the City Council. Mr. Kinnison asked for a project construction timeline. Mr. Escobar replied
staff did not have a construction timeline yet. They were currently working on selecting an
architect to design the facility, and would present the design plans to the school district for
discussion Staff would then submit the design plan for Council consideration. He anticipated
that the process would take approximately 60 days. Mr. Kinnison spoke in support of the
project
In response to Mr. Marez's question, Mr. Canales said the new library had to be at least
12,000 square feet, as stipulated in the bond issue language. He said the city's libraries
averaged 12,000 to 13,000 square feet. Mr. Marez asked if there were any safety concerns
related to having a public library on school grounds. Mr. Canales added that safety issues could
be addressed in the library design, placing age level books near the library entrance by the
school entrance. With proper monitoring and controls, he said the area could be secured. He
replied that the Flour Bluff library had not reported any safety concerns.
CCISD Interim Superintendent Mary Kelley commented that CCISD appreciated the
opportunity to collaborate on the Southside library because it was a win/win situation for the
community.
* * * * * * * * * * * * *
Mayor Garrett announced the executive sessions, which were listed on the agenda as
follows
Minutes — Regular Council Meeting
February 21, 2006 — Page 9
18. Executive session under Texas Government Code Section 551.071 regarding Cause
No. C-05-159, Tiffany Avalos, et al v. City of Corpus Christi, et al, in the United States
District Court for the Southern District of Texas, with possible discussion and action
related thereto in open session.
19. Executive session under Texas Government Code Section 551.071 regarding Cause
No C-04-530, Robert Sean Milligan v. City of Corpus Christi, et al, in the United States
District Court for the Southern District of Texas, with possible discussion and action
related thereto in open session.
20. Executive session under Texas Government Code Section 551.073 regarding the
deliberations about a prospective gift or donation from the government of Spain, with
possible discussion and action related thereto in open session.
The Council went into executive session. The Council returned from executive session
and the following motions were passed with the following vote:
18. MOTION NO. 2006-045
Motion authorizing the City Manager to employ the law firm of Hermansen, McKibben,
Woosley & Villarreal, L.L.P. to provide legal representation in Cause No. C-05-159,
Tiffany Avalos et al v. City of Corpus Christi et al, at an hourly rate not exceeding $200,
subject to certification of funds.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
19. MOTION NO. 2006-046
Motion authorizing the City Manager to employ the law firm of Hermansen, McKibben,
Woosley & Villarreal, L.L.P. to provide legal representation in Cause No. C-04-530,
Robert Sean Milligan v. City of Corpus Christi et al, at an hourly rate not exceeding
$200, subject to certification of funds.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
* * * * * * * k * * * * *
Mayor Garrett called for the City Manager's report. City Manager Noe reported that the
city's WiFi forum would be held tomorrow from 11:00 a.m. to 1:00 p.m., University Center Lone
Star Ballroom, Texas A&M University — Corpus Christi. He said members from the university
and business communities would discuss the WiFi initiative's potential to foment economic
development in the city. Keynote speakers from Intel, IBM, and PTI were scheduled to appear.
Mr. Noe reported a Neighborhood Pride Program meeting was scheduled tonight at 6:00
p.m.. Solid Rock Pentecostal Church, 5017 Curtis Clark. He also announced that the O.N.
Stevens Plant would be conducting a series of adjustments to their equipment, which could
result in water pressure fluctuations.
Minutes — Regular Council Meeting
February 21, 2006 — Page 10
At next week's Council meeting, Mr. Noe said the following items were scheduled for
consideration: the EDC quarterly report and the site selection for the relocation of the Broadway
Wastewater Treatment Plant.
Mayor Garrett called for Council reports. Mr. Chesney reported receiving a number of
calls from citizens concerned about changes in city golf course operations. Mr. Noe replied staff
had worked with an outside consultant to analyze the city's golf course operations. The
subsequent results indicated that the city had far too many full-time employees compared with
the private sector market. As a consequence, he said the city converted a number of
permanent positions into temporary positions and changed the organizational structure to
reduce costs. Mr. Chesney replied that reducing operational costs was laudable, as long as
customer service levels did not deteriorate. Mr. Noe stated customer service levels should not
be affected by the changes, and asked citizens to call if they had concerns.
Mr Chesney stated while the city's one-stop shop had vastly improved, he felt there was
still room for improvement. He felt the development services department needed to further
coordinate with other departments and possibly restructure the organization to make it a true
'one-stop' shop. Mr. Noe replied that the platting process required the most interdepartmental
coordination. The city had hired a consultant, in conjunction with a stakeholder group, to study
the process and then present recommendations in May. Mr. Chesney asked the Mayor if staff
could provide an update on their progress, because many of the concerns he had heard were
related to the platting process. He understood that the development services department
operated well, but the other departments involved needed better coordination. Mayor Garrett
concurred with Mr. Chesney's request, and also asked Mr. Noe to include information on
updating the master plans. Mr. Noe replied the Council was scheduled to review this
information soon. and said he would provide a timetable in their Friday packets.
Mr. Marez commented that last night's town hall meeting was relatively well attended,
considering that it was scheduled concurrently with another public meeting. He asked Mr. Noe
to try to prevent future scheduling conflicts between public meetings. Mr. Noe replied that town
hall meetings were usually held the first Monday of the month, so he was unaware there would
be a scheduling conflict until later.
Mr Marez asked for the construction timeline on the Lindale Area Drainage
Improvements approved in the Bond 2004 election. Mr. Escobar replied construction for Phase
A was nearly complete; Phase B, spanning from Santa Fe to Lindale, was scheduled for bids in
late April or early May. Along with the drainage work, Mr. Escobar said related street work was
also scheduled as part of the Bond 2004 package.
Mr Marez reported that the sidewalk improvements he had requested by Sam Houston
Park near the 1600 block of Brentwood hadn't been started yet. He asked when the city was
going to repair the sidewalks. Mr. Escobar replied an engineer was studying the project now.
Mr. Marez commented that SMG had charged $5 for parking at the Title I Health Fair
held at the American Bank Center a few weeks ago. Since the school district designated Title I
schools as economically disadvantaged, he felt the charge was unwarranted. He asked Mr.
Noe to contact SMG about waiving parking fees for these types of events. Mr. Noe said he was
unaware of the problem, and would raise the issue with SMG.
Mr. Marez stated that callers had reported audio problems during the replays of the City
Council meetings and the League of Women Voters Forum on Public Access Channel 10. He
asked staff to investigate City Secretary Chapa replied that during the League of Women
Minutes — Regular Council Meeting
February 21, 2006 — Page 11
Voters Forum, the speakers were not activating their microphones, which was the main cause of
audio problems. He said he would check with Time Warner, however, to verify that there were
no other causes.
Mr, Marez stated that Nueces County had designated the City/County Health building as
an early voting site, yet candidates were being told they could not erect political signage in the
area. Mr. Noe replied that city policy allowed political signage outside a city facility only if it was
being used as an early voting site. He noted that the City/County Health building was a new
voting site this year because Greenwood Senior Center was not available, and staff may not be
aware of the change. He said he would speak with staff about the issue.
Mr. Marez announced that the deadline to submit applications to receive his Council
salary donation was this Friday. He said he would select two or three non-profit organizations
for this fiscal year
Mr Noyola asked staff to provide more notice regarding neighborhood meetings. He
said he had received notice last Friday about a neighborhood meeting being held tonight, but he
could not attend because of a previous commitment. Since the meeting was in his district,
however, he would have appreciated more notice. Mr. Noe replied that he would see if staff
could provide a master schedule regarding all the neighborhood meetings for the next few
months
Ms. Cooper asked for an update regarding a halfway house on Meldo Park. Mr. Gunning
replied that staff spoke with Mr. Jeff Osbourne, the homeowner, who indicated that
approximately 22 people resided at the home, which he was using as an addiction rehabilitation
facility. Mr. Osbourne also confirmed that a number of his clients were on probation from a
penal institution. Mr. Gunning said staff would work with the Police and Neighborhood Services
departments to obtain an inspection warrant to enter the premises. He said Mr. Osbourne
claimed that federal and state laws allowed him to operate the facility on this property. Staff
was verifying these claims with the Legal department. Mr. Gunning stated staff would keep the
City Manager informed on their progress. Mr. Scott, Ms. Cooper, and Mr. Garcia asked staff to
ensure that Mr. Osbourne complied with all city, state, and federal laws or else require him to
relocate. Mr. Gunning added that Director of Development Services Barbara Holly had met with
Mr. Osbourne in December regarding the facility, and he was informed at that time that it was an
inappropriate use in that zoning district. He said Mr Osbourne proceeded with his plans despite
the warning
Mr Garcia congratulated Storm Water Superintendent Valerie Gray and Water
Superintendent Ed Garana and staff for meeting all TCEQ requirements. He also encouraged
Assistant City Manager Margie Rose to hold the "get acquainted" meetings between developers
and one-stop shop staff that they had discussed previously. Ms. Rose replied staff would
develop a program by the end of the month for the City Manager's review. She said the goal
was to implement the program as soon as possible. Mr. Garcia stated the meetings would give
developers and other stakeholders an opportunity to air their concerns and their accolades
about the one-stop shop.
Mr. Garcia complimented the Building Standards Board for wanting to meet more
frequently since they performed an important community service. He asked, however, why the
Storm Water Advisory Committee was being dismantled. If the issue was a lack of involvement,
he said he knew several individuals who were interested in serving on the committee. He
stressed the importance of obtaining citizen input on storm water issues, and thus he preferred
to keep the committee active. Assistant City Manager Ron Massey replied the city created the
Minutes — Regular Council Meeting
February 21, 2006 — Page 12
committee to assist in developing policies and procedures for its storm water permit application.
Since that time, he said the board had been generally inactive, but had participated in
prioritizing storm water funding projects two years ago. He commented, however, that the city
formed stakeholder groups to participate in the Storm Water Master Plan development process.
Staff preferred to form stakeholder groups to obtain input when necessary, rather than create
standing committees that would remain idle more often than not. Mr. Garcia asked how citizens
could become involved in a stakeholder group. City Manager Noe replied citizens could contact
him or Mr Massey for information.
* * * * * * * * * * * * *
Mayor Garrett called for petitions from the audience. Mr. Larry Williams, 250 Alta Plaza,
the owner of Knucklehead's Restaurant, stated that he understood that the Council opposed his
plan to locate a restaurant at the corner of Santa Fe and Leming Streets. He asked the Council
to postpone any decision until he met with the neighborhood to present his case. Mr. Scott
replied that in his experience, it was better to side with the neighborhood in these cases until the
proprietor addressed their concerns. Mayor Garrett was encouraged that Mr. Williams would be
meeting with the neighborhood soon.
Ms Tammy Castillo, 5417 Eden Lane, expressed concern about Javelina Refinery's
plan to expand their operation near her residence, which was related to Item 12, abandoning
and vacating a portion of Eden Lane. She also spoke against the refinery's plans to apply for an
1-3" zoning change in the area because of safety concerns. Assistant Director of Development
Services Michael Gunning confirmed that Javelina Refinery had submitted an application for a
zoning change in the area. The Planning Commission had reviewed the case twice, and
ultimately recommended the "1-3" Heavy Industrial District zoning. He said the Javelina Refinery
planned to place additional tanks on the property to sell butane and propane. The Council
would then hold a public hearing and consider the case. If they approved the "1-3" zoning, the
Zoning Board of Adjustment also had to hold a public hearing to determine whether the plan met
all safety concerns
Mr. Kelly asked questions about Javelina Refinery's site plans. Staff displayed a map of
the area to answer his questions.
City Manager Noe replied that the land use issue was tied more to the upcoming zoning
case public hearing, as opposed to today's action on Item 12. He said the Council would hold a
public hearing related to the zoning case soon, allowing Ms. Castillo and any one else opposed
to the zoning change to comment. Mayor Garret asked staff to notify Ms. Castillo when the
zoning case was scheduled for Council consideration.
Mr. Kelly stated that Item 12 had been placed on the consent agenda, so he was
unaware that it was controversial. He asked the City Manager to place any controversial items
on the regular agenda for discussion. City Manager Noe replied staff was unaware that the item
was controversial until after the agenda was finalized.
Mr Rolando Garza expressed concern about Time Warner's operation of the public
access channel, and asked the city to ensure that they were complying with their franchise
agreement. He also spoke in support of continued funding for the next phase of the
Manshiem/Sunnybrook Improvements. Finally, he reported that he had contacted the
Engineering department about a gas station on Kostoryz and Horne Road that needed a curb
cut, but staff had not returned his call.
Minutes — Regular Council Meeting
February 21, 2006 — Page 13
There being no further business to come before the Council, Mayor Garrett adjourned
the Council meeting at 11:30 a.m. on February 21, 2006.
* * * * * * * * * * * * *