HomeMy WebLinkAboutMinutes City Council - 04/27/1999I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the
Regular Council Meeting of the City of Corpus Christi of April 27, 1999, which were approved by
the City Council on May 11, 1999.
WITNESSETH MY HAND AND SEAL, this 1 1th day of May, 1999.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
April 27, 1999
2:13 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Henry Garrett
Council Members:
Javier D. Colmenero
Melody Cooper
Dr. Arnold Gonzales
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
City Staff:
City Manager David R. Garcia
City Attorney James R. Bray Jr.
City Secretary Armando Chapa
Mayor Neal called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor T.H. Gonzales, Templo Elim Assemblies of God,
following which the Pledge of Allegiance to the flag of the United States was led by Council
Member John Longoria.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council
and the required charter officers were present to conduct the meeting. Mayor Neal called for approval
of the minutes of the regular Council meetings of April 20, 1999. A motion was made and passed
to approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Neal introduced Judge Mike Westergren, 214`" District Court, who conducted the
swearing-in ceremony for the Municipal Court Judges: Rodolfo Tamez, Don Alex, Nelva Gonzales
Ramos, and Julianna Siracusa Rivera. The Municipal Court judges expressed their appreciation to
the Council for their reappointments.
* * * * * * * * * * * * *
Mayor Neal deviated from the regular agenda and opened discussion on Item 18, District 3
election returns.
City Secretary Chapa explained that a recount of the results of the runoff election in District
3 was held on April 23, 1999. He said Mayor Neal appointed a committee of seven people and he
named Mr. Chapa as the Recount Supervisor. Mr. Chapa thanked the committee members for their
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Regular Council Meeting
April 27, 1999
Page 2
work during the recount, which resulted in Mr. Jesse Noyola receiving one less vote. Mr. Chapa said
election law requires that if there is a change, the canvassing authority must recanvass and that an
ordinance be approved reflecting the new results for District 3.
Council Member Betty Jean Longoria made a motion to approve the ordinance, seconded by
Council Member Scott. Mayor Neal called for a voice vote on Item 18, and it passed as follows:
18. ORDINANCE NO. 023625
Ordinance amending Ordinance No. 023617 recanvassing the returns and declaring the
results of the recount for District Three held on April 23, 1999, in the City of Corpus Christi.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting
"Aye."
************
Mayor Neal opened discussion on Item 19. He explained that he had asked for the proposed
resolution to allow the City Council to show support of the Nueces County bond election. Council
Member Scott made a motion to approve the resolution, seconded by Council Member Betty Jean
Longoria. The Mayor then called for comments from the audience.
Mr. J.E. O'Brien, 4130 Pompano, said he did not believe the city should be involved in this
issue. He reminded the Council that at their Last meeting, he had made them aware of a petition in
the City Secretary's Office containing the signatures of over 8,600 registered voters against Packery
Channel. He said there is no comprehensive plan for Padre Island that has been adopted by the
Council. Mr. O'Brien also referred to the Community Progress Partnership (CPP), which was voted
against by 69% of the voters. He said the Corpus Christi Taxpayers Association has voted to work
very hard to defeat the county bond election, adding that there is much misinformation regarding the
actual cost as far as the county's tax rate is concerned.
Mr. R.F. Hasker, 1813 Wallace, said that a majority of voters had defeated the proposed sales
tax increase regarding the CPP.
Mr. Abel Alonzo, 1701 Thames, said he hopes the City Council unanimously supports the
resolution pertaining to the county's bond election. He said the projects will create good -paying jobs
and improve the community's economic development. He said one of the reasons the CPP failed was
that it was not inclusive enough, which he said they can learn from in this endeavor.
Mr. Tom Curlee, with the Port Industries of Corpus Christi, said they have considered the
county's proposed projects and they heartily endorse the Council's resolution in support. He said it
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Regular Council Meeting
April 27, 1999
Page 3
will create economic development and more jobs.
City Secretary Chapa polled the Council for their votes as follows:
19. RESOLUTION NO. 023626
Resolution in support of the Nueces County bond program related to the elevation of the JFK
Causeway, dredging of the Packery Channel, and the development of the Nueces County
Fairgrounds project.
The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
*************
Mayor Neal referred to the board and committee appointments on the day's agenda, and the
following appointments were made:
Airport Advisory Board
Abel Alonzo
Willard Hammonds Sr.
Jerry Kane
Jorge Rangel
Water/Shore Advisory Committee
Trian Serbu (Reappointed) James Barnett
Robert Forest (Reappointed)
Mercedes Salinas (Reappointed)
Frank Beck
C.C. Regional Transportation Authority
John Buckley
Commission on C
ildren &
ou
Mary Jackson (Reappointed)
Jeff Jung (Reappointed)
Joseph Alley (Reappointed)
Missy Medary
Verna Portis
Rebecca Stutts
Coastal Bend Council of Governments
Council Member John Longoria (Reappointed) Armando Chapa (Alternate)
Council Member Javier Colmenero (Reappointed) Tom Utter (Alternate)
Council Member Arnold Gonzales (Reappointed)
Council Member Henry Garrett
Council Member Rex Kinnison
Council Member Mark Scott
City Manager David Garcia
Clif Moss (Reappointed)
Jorge Garza (Alternate)
Ogilvie Gericke (Alternate)
Ed Garai% (Alternate)
Andres Leal Jr. (Alternate)
Elsa Munoz (Alternate)
Marco A. Cisneros (Alternate)
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Regular Council Meeting
April 27, 1999
Page 4
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience.
Mr. Jack Gordy, 310 Norton Street, referred to the selection of the Mayor Pro Tem at last
week's Council meeting. He noted that the Mayor voted against the order of the Mayor Pro Tem
service dates, which was different from what he had originally proposed. Mr. Gordy said that also
last week, City Manager Garcia had made a comment following Mr. Mike Baker's remarks regarding
the use of the Sidbury House. Mr. Baker had asked Mr. Garcia to repeat his comment and Mayor
Neal told Mr. Baker that the comment was directed to the Council, not to him. Mr. Gordy said the
Mayor's remark was disrespectful.
Mr. Burton Smith, 5402 Sugar Creek, commented on the issue of seismic testing on Padre
Island and in the Laguna Madre. He asked the Council to give objective consideration to the potential
benefits that significant oil and gas revenues could provide to the whole community.
Mr. Mike Baker, 4641 Gayle Circle, also discussed what occurred last week following his
remarks to the Council about the Sidbury House. He continued to object to any suggestion of
converting the second story of that historic building into office space.
Mr. J.E. O'Brien said that presentations to the City Council should be made during a
workshop session, which should help expedite the regular meetings. He also said the City of Corpus
Christi hires seven lobbyists and their compensation ranges between $150,000 and $339,000, while
the City of San Antonio has six lobbyists who are compensated from $100,000 to $199,000.
*************
Mayor Neal referred to the presentations on the day's agenda.
City Manager Garcia said the first presentation was part of a continuing series about how
different entities in Corpus Christi are preparing for the year 2000. Ms. Debbie Lindsey -Opel, Public
Affairs Coordinator for 11 -E -B Food Stores in this area, discussed steps the company has taken so
far for the Y2K issue. She gave an overview of the 14 -E -B Company, which has 260 stores (located
primarily in Texas), 12 manufacturing plants, six transportation terminals, four retail support centers,
and four regional operations offices as well as the corporate office in San Antonio. In Corpus Christi,
H -E -B has 11 food/drug stores, a bakery and tortilla plant, a retail support center, warehouse,
transportation terminal, regional office, and a credit union.
Ms. Lindsey -Opel said the company began preparing for Y2K in 1997 by evaluating their
mainframe systems, distributed systems, vendor systems, and embedded systems, which she
described. She noted that H -E -B has been in business for 95 years and they will continue to monitor
their preparedness. Council Member Gonzales asked about the company's readiness regarding
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Regular Council Meeting
April 27, 1999
Page 5
prescriptions through their computers. Ms. Lindsey -Opel replied that they have addressed that issue
internally and with the major pharmaceutical companies, which are vendors. She also encouraged
citizens to check with their physicians to ensure that their prescriptions are up to date.
* * * * * * * * * * * * *
The second presentation was about the Park and Recreation Department's summer youth
programs. Mr. Tony Cisneros, Director, said their goal is "building healthier kids for a healthier
community" by providing safe, professionally supervised environments, enhancing life skills, and
providing affordable programs that are easily accessible. The programs include: Latchkey and
adaptive summer camps; teen and youth recreation programs; basketball, girls' fastpitch, and boys'
baseball; sports camps; swimming programs; arts and cultural activities; free lunch program; and
programs offered through various grants, such as the 78415 grant, Weed and Seed, and Workforce
Development. Mr. Cisneros also discussed the value of the city's recreation program.
Responding to Council Member Colmenero, Mr. Cisneros said they continue to seek grant
opportunities to fund youth programs. Council Member John Longoria suggested that the
participants in the 78415 programs be provided with cards identifying them as participants. He also
noted that the programs paid for through the 78415 and Weed and Seed grants are provided by
subcontractors, and he asked if audits are conducted of those programs. Mr. Cisneros replied that city
staff has a duty to ensure that the contracts for services are complied with. Mr. Longoria also
requested a membership roster of the Weed and Seed Committee.
In reply to Council Member Cooper, Mr. Dan Whitworth, Assistant Director of Programs,
described the operation of the free lunch program and publicity of the department's entire summer
offerings. Council Member Betty Jean Longoria asked about the West Oso, Calallen and Tuloso-
Midway areas. Mr. Whitworth replied that in the past the YMCA, YWCA and the Boys and Girls
Club have offered programs in those areas. He said in order to expand the city's programs there, they
would need to couple with those school districts to access their facilities. Mrs. Longoria asked staff
to look into working with the Regional Transportation Authority to provide youth with transportation
to the program sites. Council Member Gonzales expressed his support of the programs.
Council Member Kinnison discussed distribution of the program brochure to students, and
Council Member Garrett asked about programs for teens in the evening hours. Mr. Whitworth said
the teen programs operate from 1 p.m. to 5 p.m., although many of the recreation centers are open
until about 8 p.m. Ms. Cooper suggested that youth who take advantage of the free lunch program
be kept informed of the other youth programs the city offers.
Dr. Gonzales then discussed conditions at Kids Place in Cole Park. He distributed pictures
he had taken that morning of several examples of graffiti on the wooden planks in that playground,
and he said there is trash throughout. He said the Council needs to pass laws to fine or jail anyone
who is caught vandalizing through graffiti. Responding to Dr. Gonzales and other Council members'
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Regular Council Meeting
April 27, 1999
Page 6
comments and questions, Mr. Cisneros discussed the difficulties presented by the design and
materials used at Kids Place. He said the critical issue is for the community to strive for zero
tolerance of vandalism and graffiti. City Attomey Bray said the city has a graffiti ordinance, and any
kind of graffiti is considered criminal mischief under the penal code; the penalties range based on
the amount of money it takes to correct the damage. City Manager Garcia said they are going to have
to replace the wood in some areas of Kids Place, which will take a lot of effort and expense.
* * * * * * * * * * * * *
The third presentation was made by Mr. Ray Torno of Bennett, Martin & Solka architects,
who discussed the design of the new Southeast Senior Center. Mr. Torno thanked those who have
participated in the project so far, including the staffs of Engineering, Park and Recreation, and Senior
Community Services, as well as the focus group which provided their input.
Mr. Torno noted that when this project was initiated, three potential sites were discussed: the
Garden Center, Lakeview Park at Holly and Rodd Field Roads, and Schanen Park. He said the
Garden Center was chosen because of its proximity to the neighborhood and the participants being
served, an abundance of city -owned land, and the existence of the Garden Center facility itself. He
said the plan is to create four multi-purpose activity areas and to extensively renovate the existing
facility.
Responding to Mayor Neal, Mr. Torno said they had originally underestimated the extent of
required renovations to the existing facility, but those issues have been resolved and the focus group
and advisory group are in concurrence with this design. Dr. Gonzales asked if a sprinkler system
would be included. Mr. Torno replied that since the building is less than 10,000 square feet, the code
does not require a sprinkler system.
* * * * * * * * * * * * *
The last presentation was an update on the TCI Cablevision of Texas franchise renewal
process. Mr. Ogilvie Gericke, Acting Assistant City Manager for Public Works and Utilities,
explained that in May 1998, TCI informed the city that they would like to renew their franchise
agreement, which involves a complex process. On November 24, 1998 the City Council approved
a professional services agreement with Mr. Adrian Herbst of The Bailer Herbst Law Group to assist
the city with the franchise renewal. The City Manager then appointed a franchise renewal committee
consisting of city staff members to provide assistance, information, and needs assessment.
Mr. Herbst noted that TCI's merger with AT&T resulted in the formation of the second
largest cable company in the world. He said the City of Corpus Christi is not precluded from granting
additional cable franchises if it chooses to do so. The current franchise, which was granted in 1981
and expires in 2001, provides that the city receives 4% of the gross revenues, or over $1 million
annually. He said the Council needs to make different findings for renewal of the franchise, including
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Regular Council Meeting
April 27, 1999
Page 7
determining the following: whether TCI has provided satisfactory service and performance; whether
they have complied with the existing franchise; and whether they have the legal, financial and
technical qualifications to meet the proposals and requirements for the future. Mr. Herbst also
discussed the informal and formal processes provided for under the law and programming that may
be provided in the future. He and the City Manager also responded to Council members' questions.
*************
Mayor Neal called for a short recess.
* * * * * * * * * * * * *
Mayor Neal deviated from the regular agenda and opened discussion on Item 15,
consideration of an appeal by the Corpus Christi Coffee Club and Mr. Reynaldo Madrigal from the
Corpus Christi Cable Communication Commission's decision to uphold TCI Cablevision of Texas,
Inc.'s ruling that a Coffee Club cable program contained commercial advertising in violation of a
City ordinance, and consideration of their contention regarding action of the Cable Communication
Commission related to a one-hour Coffee Club programming time slot.
The Mayor asked if this is considered a public hearing. City Attorney Bray replied that it is
not a public hearing but rather a contested hearing with parties to it. Mr. Bray explained that under
the city's cable television franchise agreement, TCI is required to provide certain channels for public,
educational, and government processes. This issue involves use of the public access cable channel,
which is provided for public use for free, non-commercial programming. He said in this case a
subscriber called in to TCI with a complaint that the city's ordinances and rules had been violated.
The TCI staff looked into the complaint and determined that the rule had been violated by the Coffee
Club program. Pursuant to the ordinance, Mr. Madrigal appealed TCI's decision to the Cable
Communication Commission, which held a hearing and determined by a 2-1 vote that a violation had
occurred.
Mr. Bray also referred to a transcript of the statements that were made during the Coffee Club
program, which were included in the Council members' agenda packets, as well as the general rules
pertaining to this issue regarding identification of a product or service. He said the Commission felt
that the specific statements made during the program constituted advertising for the San Luis
Restaurant. He said the issue before the City Council is whether to uphold the action of the Cable
Communication Commission.
Mr. Madrigal said that at no time did the members of the Coffee Club advertise the San Luis
Restaurant; they only advertised that they were moving from one location to another. He said if the
Council were to have a meeting at another location, they would advertise that location, which is the
same thing the Coffee Club did. Mr. Madrigal also questioned who had made the complaint, and he
also discussed the removal of one hour of the Coffee Club's two-hour program schedule. Mayor Neal
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Regular Council Meeting
April 27, 1999
Page 8
said the issue of the one-hour time slot was not an issue before the Council that day since the Cable
Communication Commission did not rule on it. Mr. Madrigal objected. The Mayor said Mr.
Madrigal needed to go back to the Commission so they could make a determination on the issue of
the one-hour time slot.
Mayor Neal called for any other public comments, and there were none.
Council Member Cooper made a motion to sustain the appeal by the Corpus Christi Coffee
Club of the decision of the Corpus Christi Cable Communication Commission's decision and TCI
Cablevision of Texas Inc.'s ruling that a Coffee Club cable program contained commercial
advertising. She said the Coffee Club was advertising the location of their program, which is an
essential element. Council Member John Longoria seconded Ms. Cooper's motion. Council Member
Colmenero said he also agreed with the motion, referring to one of the exhibits in the Council packet.
Council Member Kinnison said that in reading through the detailed regulations, it appears
that the problem was when the address and the name of the restaurant were mentioned during the
Coffee Club program.
Council Member Gonzales said he did not feel there was any advertising by the Coffee Club.
City Secretary Chapa polled the Council for their votes as follows:
15. M99-119
Motion to sustain the appeal by the Corpus Christi Coffee Club of the decision of the Corpus
Christi Cable Communication Commission's decision and TCI Cablevision of Texas Inc.'s
ruling that a Coffee Club cable program contained commercial advertising.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, B. Longoria, and J. Longoria voting "Aye"; Kinnison and Scott voting "No."
*************
Mayor Neal opened the public hearing on the following zoning case:
13. Case No. 399-3, Mitchel Floyd: A change of zoning from `B -2A" Barrier Island Business
District to "I-2" Light Industrial District on Padre Island No. 1, Block 15, Lots 9B, 10B, and
11B, located on the east side of Palmira Drive, approximately 400 feet south of Merida
Drive.
City Secretary Chapa said the Planning Commission and staff recommended denial of the
"I-2" District. He said the ordinance on the agenda is to grant the "I-2" zoning. He added that the
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Regular Council Meeting
April 27, 1999
Page 9
20% rule is in effect and he explained that notices are sent to property owners within a 200 -foot
radius of the subject zoning. If the landowners representing 20% of the land area are opposed to the
subject zoning, three-fourths of the Council or seven votes are required to approve the zoning
change.
Responding to Mayor Neal, Mr. Michael Gunning, Acting Director of Planning and
Development, said that since the Planning Commission denied the rezoning request to "I-2," the
applicant is restricted from refiling the application on the same piece of property for a period of one
year. He said the applicant can request that the waiting period be waived and the Planning
Commission can make that recommendation to the City Council if changes in circumstances merit
reconsideration of the zoning request.
In response to Council Member John Longoria, Mr. Gunning said that originally the 20% rule
was not in effect but an additional notice was received in opposition to the rezoning which triggered
the 20% rule.
Mr. Mitchel Floyd, 15318 Mutiny Court, the applicant, said that after his zoning request was
denied by the Planning Commission, he began looking into the matter. He said that before he
submitted his zoning application, a master plan had been put into effect to revamp the `B -2A"
zoning on Padre Island and he questioned why his application was taken and why that was not public
knowledge when he purchased the land.
Mr. Gunning replied that the city does not have an adopted area development plan in effect
for Mustang Island and Padre Island. He said he thought Mr. Floyd was referring to the fact that his
was the fourth in a sequence of rezonings that have occurred in recent years along Palmira Avenue.
He said that when the Padre Island Property Owner's Association (PIPOA) received Mr. Floyd's
rezoning request for an "I-2" District, they expressed concern. During discussions with staff, it was
determined that the `B -2A" District, particularly along Palmira Avenue, needs to be investigated as
does other zoning uses on Padre Island.
Mr. Floyd said he had met with the PIPOA and the Architectural Control Committee and they
both approved his plans for an office/warehouse facility for wholesale sales. He added that the
current `B -2A" zoning would allow him to place a retail building on the subject property now
without any rezoning or approval. Mr. Gunning concurred, adding that the 2,000 -square foot
warehouse use proposed by Mr. Floyd is not allowed in `B -2A" zoning, although it is a less intense
use than some of the "B -2A" uses that are already permitted as a matter of right.
Mr. John Fisher, a member of the PIPOA board, said he supports the staffs recommendation
to deny the "I-2" zoning. He said a committee has been formed to develop a plan for zoning uses on
Padre Island.
Responding to Council Member Kinnison, Mr. Gunning reiterated that the applicant could
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Regular Council Meeting
April 27, 1999
Page 10
establish a retail use under the current zoning without special conditions regarding architectural
appearances. Mr. Floyd said if he placed a retail building on that property, there would be more
traffic and more problems. He said he was appearing before the City Council because he wished to
work with the PIPOA to develop the property in a way that would satisfy everyone's concerns.
Council Member Scott questioned whether a special permit could be granted for Mr. Floyd's
warehouse use while still abiding by the PIPOA's architectural considerations. Mr. Fisher said the
PIPOA's opposition was to the light industrial zoning; he added that the special permit would be
appropriate. Mr. Gunning said an ordinance was prepared and included in the Council members'
packets that establishes the special permit conditions that are acceptable to both the applicant and
the PIPOA.
Council Member Gonzales made a motion to substitute the ordinance before the Council with
the ordinance granting the special permit with certain conditions. The motion was seconded by
Council Member Betty Jean Longoria and passed. Council Member Cooper made a motion to close
the public hearing, seconded by Council Member Colmenero, and passed.
City Secretary Chapa polled the Council for their votes on the substituted ordinance:
13. ORDINANCE NO. 023623
Amending the Zoning Ordinance upon application by Mitchel Floyd by granting a special
permit for warehouse use subject to six (6) conditions on Lots 9B, 10B, and 11B, Block 15,
Padre Island No. 1; amending the Comprehensive Plan to account for any deviations from
the existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting
"Aye."
Responding to Mayor Neal, Mr. Gunning further explained that it is staff's intention --along
with the committee mentioned by Mr. Fisher --to study zoning issues on Padre Island, particularly
in the area of Palmira Avenue. The Mayor asked Council Members Garrett and Scott to assist in
developing that master plan.
* * * * * * * * * * * * *
Mayor Neal opened the public hearing on the following zoning case:
14. Case No. 399-6, Robert and Minerva Recio: A change of zoning from "AB" Professional
Office District to "B-1" Neighborhood Business District on Alameda Place, Block 1, Lots
1 and 2, located on the northeast comer of Glazebrook and South Alameda Streets.
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April27, 1999
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City Secretary Chapa said the Planning Commission recommended denial of the `B-1"
District, and in lieu thereof, approval of a special permit for a restaurant subject to five conditions.
The staff's recommendation was denial of the `B-1" District. He said the ordinance on the agenda
was the Planning Commission's recommendation for a special permit.
Mr. Berney Seal said the applicants, Robert and Minerva Recio, wish to open a restaurant
on the corner of Alameda and Glazebrook streets. He said they can do that with a special permit but
he asked the Council to consider granting them the "B-1" zoning outright, which he said will help
business move forward in Corpus Christi.
Mrs. Recio said it is their family's dream to own a restaurant, which they propose to operate
Sundays through Wednesdays, 5:30 a.m.-3 p.m., and Thursdays through Saturdays, 5:30 a.m.-8 p.m.
She also said they would accept the special permit but they would prefer the "B-1" zoning because
she did not want the restaurant's sign limited to 4 feet by 5 feet, which would have to be shared with
other tenants of the building.
Mr. Ferris Wade, 5733 Ocean Drive, the owner of the subject property, said he is impressed
with the Recio family and their intention to open the restaurant there, which he believes will be
successful.
Responding to Mayor Neal, Mr. Gunning said staff is reviewing the uses that are allowed as
a matter of right in all of the city's commercial districts. In the next few months they intend to bring
to the Council a proposed zoning district for the Gardendale area, which will regulate uses along
Williams Drive and Holly Road. He said they are taking a new approach in that proposal by using
the floor area ratios in order to minimize the intensity of the use and its impact on traffic. He said
that district will have applicability to many of the city's corridors, including Alameda Street, Weber
Road, and Everhart Road. With regard to this zoning case, Mr Gunning showed a video of the land
uses adjacent to the subject property.
Council Member John Longoria said that in the past the Council has granted higher zoning
requests ("spot zoning") in other areas adjacent to neighborhoods, such as along Kostoryz Road.
Council Member Scott said he lives two streets from the subject property and he said he
supports the restaurant use but he feels access from Glazebrook should be denied. Mr. Gunning said
there is an existing driveway on Glazebrook that is used for the office there. He said the driveway
does not meet the city's current driveway standards but its use is "grandfathered" and they can
continue using it. With regard to signage, Mr. Gunning said the Council cannot increase the signage
under a special permit, but the applicants could request a conditional sign permit from the Planning
Commission for a 20 -square -foot freestanding sign. Under `B-1" zoning one freestanding sign would
be allowed as a matter of right, but it could not exceed 20 feet in height and 40 square feet in area.
Responding to Council Member Kinnison, Mr. Gunning explained that a restaurant is only
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Regular Council Meeting
April 27, 1999
Page 12
considered a bar if over 75% of its gross sales is in alcohol sales. Consequently, a `B-1" permitted
restaurant can still have a substantial amount of alcohol sales and still be considered a restaurant use
under the law.
In reply to Council Member Garrett, Mr. Gunning said that if a special permit is granted, the
only allowed use would be the specified restaurant use and the uses allowed under the base zoning
of "AB" Professional Office District. City Manager Garcia pointed out that the proposed special
permit contains a condition that prohibits access to Glazebrook Street from the restaurant parking
area. Mr. Gunning said the "B-1" zoning would allow use of the driveway on Glazebrook Street.
Council Member Betty Jean Longoria asked if there was a requirement to replat under the
"B-1" zoning. Mr. Gunning said a person can build over lot lines as long as he builds on platted lots,
and both of the lots on the subject property are platted. Mr. Longoria made a motion to close the
public hearing, seconded by Ms. Cooper, and passed.
Responding to Council Member Colmenero, Mr. Gunning said that if the applicants wished
to pursue the conditional sign permit, the next filing deadline for any applications would be May 7`h
and it would go to the Planning Commission during their last meeting in May.
Ms. Cooper said she supports the special permit. She noted that if "B-1" is granted it would
be the only "B-1" on that side of Alameda Street for several blocks.
In reply to Mayor Neal, Mr. Chapa said the ordinance before the Council is for a special
permit, which would require a simple majority to pass. If the Council decides to change the zoning
to `B-1" and therefore overturn the Planning Commission's recommendation, it would require a
majority plus one.
Mr. Scott asked if "B-1" was granted, whether a convenience store could be built on the
subject property at some time in the future; Mr. Gunning said that was possible. Mr. Scott said he
wants the applicants to have a restaurant with adequate signage but he does not want to leave that
property open to a convenience store in the future, which he believes would be an invasion to the
neighborhood.
Mr. Chapa began to call the roll on the ordinance granting a special permit. Before casting
his vote, Mr. Garrett asked for clarification, saying that he supports "B-1" instead. Mr. Gunning said
the ordinance being voted on by the Council is to deny the "B-1" and in lieu thereof approval of a
special permit for a restaurant use subject to five conditions. He said if that fails the Council could
make an alternate motion to grant the `B-1" zoning.
Council Member Gonzales asked if the Council could start over since there were some new
Council members unfamiliar with the process. He then made a motion to substitute the ordinance
to grant the "B-1" zoning, seconded by Ms. Cooper. Mr. Chapa said the motion to substitute would
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Regular Council Meeting
April 27, 1999
Page 13
take a simple majority to pass, following which they would vote on the substitute ordinance itself,
which would require six votes.
Mr. Chapa polled the Council for their votes on Dr. Gonzales' motion to substitute the
ordinance. The motion passed as follows: Colmenero, Cooper, Garrett, Gonzales, B. Longoria, and
J. Longoria voting "Aye"; Neal and Kinnison voting "No"; Scott abstaining. (Mr. Scott explained
that he was advised by the City Attorney to abstain due to his home's proximity to the subject lot.)
City Secretary Chapa polled the Council for their votes on the substitute ordinance:
14. ORDINANCE NO. 023624
Amending the Zoning Ordinance upon application by Robert and Minerva Recio by changing
the zoning map in reference to Lots 1 and 2, Block 1, Alameda Place, from "AB"
Professional Office District to "B-1" Neighborhood Business District; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed by the following vote:
Colmenero, Cooper, Garrett, Gonzales, B. Longoria, and J. Longoria voting "Aye"; Neal and
Kinnison voting "No"; Scott abstaining.
*************
Mayor Neal called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 3-12. Council members requested that Items 7, 8, and
I0 be withheld for discussion. There were no comments from the audience. City Secretary Chapa
polled the Council for their votes and the following were passed:
3. M99-110
Motion approving the purchase of one vacuum truck and one truck cab and chassis from
Houston Galveston Area Council of Governments, Houston, Texas, based on a cooperative
purchasing agreement for total expenditures of $236,799.18. The vacuum truck, unit price
of $183,392.22, will be used by the Wastewater Services. The truck cab and chassis, unit
price of $53,406.96, will be used by Street Services. Both units are replacements.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
4. M99-111
Motion approving the purchase of a handheld electronic meter reading system from
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Regular Council Meeting
April 27, 1999
Page 14
Datamatic, Inc., Richardson, Texas, in accordance with the State of Texas Cooperative
Purchasing Program for a total of $83,838. Funds are available from the No. 510 Computer
Systems Capital Improvement Fund.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
5. M99-112
Motion approving a maintenance agreement with Physio -Control Corporation, Redmond,
Washington, based on sole source for testing and calibrating automatic external defibrillators
for the Fire Department - EMS. The term of the agreement is twelve months; the amount is
$18,264.17.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
6. M99-113
Motion authorizing the City Manager or his designee to execute a construction contract with
Bradley's Inc. of Corpus Christi, Texas, in the amount of $17,500 for the O.N. Stevens eddy
current drive replacement - FY 98-99 hi -service pump No. 9 eddy current clutch repair.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
9. M99-116
Motion authorizing the City Manager or his designee to execute a contract with Trinity
Engineering Testing Corporation for a fee not to exceed $89,325 for quality control testing,
soil and liner evaluation report, geomembrane liner evaluation report, and ballast evaluation
report for the J.C. Elliott Landfill expansion Sector 8 liner improvements.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
11. M99-118
Motion setting compensation for Municipal Court Judges as follows: Rodolfo Tamez,
Presiding Judge, Division A—$65,920; Donald Alex, Judge, Division B--$52,530; Nelva
Gonzales Ramos, Judge, Division C—$52,530; and Julianna Siracusa Rivera, Judge, Division
E—$20,000.
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Regular Council Meeting
April 27, 1999
Page 15
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
12. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a five-year lease with the Corpus
Christi Senior Softball Association for Kiwanis Softball Complex, in consideration of the
Corpus Christi Senior Softball Association maintaining the premises and improvements and
operating a senior softball program.
The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero,
Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 7, Texas State Aquarium carpeting. Council Member
Kinnison questioned the statement in the agenda material which said "the contract specifies a 45%
minority participation requirement and a 15% minority business enterprise participation
requirement." Mr. Kinnison said he thought those elements would not be required in the contract.
City Manager Garcia agreed, saying that statement was an error. Mr. Kinnison said he had had the
same question on Item 8.
City Secretary Chapa polled the Council for their votes as follows:
7. M99-114
Motion authorizing the City Manager or his designee to execute a construction contract with
Allison Carpet and Garage Doors in the amount of $43,700 for new carpet in the Texas State
Aquarium in accordance with provisions of the Contract Management Agreement. Funding
is provided by the Texas State Aquarium Association.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 8, Bayfront Terrace area alley utilities. Council
Member Colmenero asked if this project would resolve some of the problems that have emerged in
the area between Ayers, Coles, Ocean and Second streets. Mr. Garcia said that was correct, adding
that staff believes this project will go much smoother than the previous project in the Del Mar area.
City Secretary Chapa polled the Council for their votes as follows:
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Regular Council Meeting
April 27, 1999
Page 16
8. M99-115
Motion authorizing the City Manager or his designee to execute a construction contract with
Casey Brothers Construction and Paving Inc. in the amount of $73,425 for the Bayfront
Terrace Area alley utilities project.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, 13. Longoria, and Scott voting "Aye"; J. Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 10, Sector 8 landfill liner construction. Council
Member Scott asked if the city's bid specifications normally give opportunities for total bid
discounts. Mr. F.D. Glenn, Purchasing Agent, replied that the city's standard terms and conditions
allow the bidders to bid either any part or all, and the city reserves the right to award any part or all
of a bid. City Secretary Chapa polled the Council for their votes as follows:
10. M99-117
Motion approving the rental of equipment in accordance with Bid Invitation No. BI -0099-99
for the Sector 8 liner construction project, Solid Waste Services Department, from Holt
Company of Texas, Corpus Christi. Award is based on the total low bid of $205,071.18. The
term of the project is six months, with option to extend month to month for each piece of
equipment until the project is completed, subject to the approval of the vendor and the City
Manager or his designee.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, 13. Longoria, J. Longoria, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 16, Police Department computer system. He called
for comments from the audience, and there were none.
Council Member Garrett asked how close they were to installing the mobile data
terminal/automated vehicle location system (MDT/AVL). City Manager Garcia replied that this item
was an important step in creating the capacity in the main system to deal with the increased data flow
that will be generated by the MDT/AVL system. Police Capt. Leonard Scott added that the terminals
are scheduled to be installed in the police vehicles in August 1999, with installation to be completed
by the end of 1999 and acceptance in April 2000.
City Secretary Chapa polled the Council for their votes as follows:
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Regular Council Meeting
April 27, 1999
Page 17
16.a. M99-120
Motion approving the purchase of a computer system upgrade in accordance with Bid
Invitation No. BI -0084-99 from Sequel Data Systems Inc., Austin, Texas, for the amount of
$368,692. The upgrade system is the Police Department backbone computer system for the
mobile data terminal/automated vehicle location system. The award is based on low bid.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
16.b. M99-121
Motion authorizing the City Manager or his designee to execute a contract with Tiburon
Inc., Fremont, California to re -install CAD, RMS & externals on the upgrade Police
Department backbone computer system in the amount of $15,000. The award is based on
sole source.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 17, brush truck replacement purchase and additional
brush crew costs. He called for comments from the audience, and there were none.
Responding to Council Member Garrett, Mr. Andy Leal, Director of Solid Waste Services,
said the city has a total of 22 brush trucks and seven brush loaders. He said that generally there are
four brush crews on the street each day, which consists of a brush loader and four to five trucks,
depending on the distance that is being traveled to and from the landfill. The City Manager added
that the cost of this proposal includes the personnel to operate the new equipment.
Mr. Garrett asked if the city had asked Nueces County for assistance in their brush pickup
efforts. Mr. Leal said the Sheriff's Department has a program which helps city crews at least twice
a week to pick up illegally dumped debris; in addition, people who are required to do community
service will be assisting in picking up debris along rights-of-way.
In reply to Council Member Gonzales, Mr. Leal said the brush loaders are used heavily and
it is difficult to keep them maintained; usually five are kept in operation. He added that several
months ago staff began using the old Westside landfill on Carbon Plant Road as a temporary storage
area for clean brush, which is later ground and used for erosion control. He said that two of the
trucks are replacements and the other five are for the proposed new crews.
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Regular Council Meeting
April 27, 1999
Page 18
Responding to another question from Dr. Gonzales, City Manager Garcia said this proposal
is in anticipation of the priority that the Council will place on brush collection. He said it is being
proposed now due to the lead time associated with purchasing the equipment, which is about nine
months for the brush trucks and 12 months for the brush loader. The City Manager added that staff
is also revising the brush ordinance to present to the Council, which will consist of several elements,
including establishing a brush collection schedule; limiting the timing and type of debris that can be
put out by citizens; and loosening up on the landfill requirements to provide more accessibility.
Mr. Garcia pointed out that there was an extraordinary effort to get the brush collection
caught up to its usual eight-week cycle. That effort involved taking city crews off water and
wastewater projects, as well as hiring three outside contract crews. Dr. Gonzales said that brush
collection was a priority of the Council and they added a brush crew in the budget. Mr. Garcia noted
that due to budget constraints, he had recommended, and the Council ultimately accepted, cutting
that additional crew from the budget. He said the savings were achieved in this fiscal year and the
expenditures in this proposal would occur in the next budget cycle.
Council Member John Longoria said staff did not include a plan when they brought this item
back to the Council --staff included the same information they provided when they originally made
this proposal to the Council on April 13, 1999. Mr. Garcia replied that he understood the Council
to say at that meeting that this proposal for trucks would not solve the immediate problem with brush
collection that existed. Consequently, several steps were taken to address the immediate problem.
Mr. Garcia said he is saying now that they need to take steps to ensure that this problem does not
occur again. He reiterated that this proposal is part of a comprehensive strategy that will be brought
back to the Council.
Mr. Longoria said former Council Member Martin had expressed concern during the April
13`" discussion that manpower was a problem. Mr. Leal said another component in this plan is to
have dedicated brush crews that will function at the same level and priority as garbage collection and
recycling. Mr. Garcia said there are some organizational changes in the Solid Waste Services
Department that staff is exploring; however, they are not ready to be presented to the Council
because they have not been finalized. Mr. Longoria continued to express concern that a plan was not
presented with this proposal. Mr. Garcia said it may be that he misunderstood the priority on this
issue. He said another way to approach it would be to withdraw this item and include it with the
other priorities during the upcoming budget discussions.
Council Member Colmenero said it is important to know the costs of the steps that were
taken to address the immediate brush collection problem, including the cost of outside contractors.
Council Member Betty Jean Longoria said she would rather order the equipment now in
anticipation of the other measures that Mr. Garcia will be bringing to the Council. She added that
the landfill needs to be more "user friendly" for citizens, and she discussed the difficulties that arise
in the budget process.
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Regular Council Meeting
April 27, 1999
Page 19
Council Member Kinnison said he will support brush collection as a priority in the upcoming
budget but he has a problem with approving this proposal at this time.
Council Member Scott said he agreed that this item should be postponed, and he asked
whether the changes in the ordinance will result in less brush. Mr. Garcia replied that one of the
objectives will be to not necessarily reduce the amount of brush, but to reduce the amount of tonnage
because they are proposing to prohibit many of the materials which are currently put out for
collection. He said it is a misnomer to call it a brush pick-up because the crews really collect a lot
of debris.
Council Member Cooper asked what the impact will be on next year's budget. Mr. Garcia
said it is $139,940 for six personnel, one brush loader, and five brush trucks. Ms. Cooper asked if
they will still need the additional equipment if they implement the other steps Mr. Garcia has
discussed. Mr. Garcia replied that if they defer this decision to September, the equipment will not
be available to impact next year's brush cycle. He said one of the key elements is to have a defined
brush collection schedule and they need the resources in order to do that. Ms. Cooper said she agrees
with Mrs. Longoria in supporting this proposal.
Mayor Neal urged staff to keep the brush collection effort at the highest level, particularly
regarding the old brush that has been sitting out for months.
Dr. Gonzales said he wants to support this proposal but he believes they should have a plan
as well. He suggested that they postpone it for a few weeks to let staff develop a plan. Mr. Garcia
replied that the key element of any plan is a revised solid waste ordinance because that is what will
change the way the city does business. He said the Legal Department has been working on it for
some time and they are also preparing a property maintenance ordinance. Mayor Neal suggested that
the City Manager withdraw it and come back in 30 days with a plan.
17.a. WITHDRAWN
Motion approving the purchase of seven brush trucks from Powcr Lquipmcnt International,
Corpus Christi, for the total amount of $117,809. The trucks arc budgctcd by Solid Waste
Services in thc 1998 99 Budgct as Lcasc/Purchase.
17.b. WITHDRAWN
Motion approving thc purchase of one rcar steer brush loader from Davis Truck &
Equipment, San Antonio, Texas for the amount of $87, 475, on the basis of sole
manufacturer. The brush loader will be used by thc Solid Waste Scrviccs Department and
is budgctcd as a five ycar lease/purchase.
* * * * * * * * * * * * *
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Regular Council Meeting
April 27, 1999
Page 20
Mayor Neal announced the three closed sessions, pursuant to Texas Government Code
Section 551.071 regarding the following: Isaac Valencia et al v. City of Corpus Christi, No. 97-6099-
C, 94th District Court, Nueces County, Texas, with possible action related thereto in open session;
City of Corpus Christi v. Advisory Commission on State Emergency Communications, No. 99-
02304, 201' District Court, Travis County, Texas, with possible action related thereto in open
session; and Texas Natural Resource Conservation Commission Notice of Enforcement Action, City
of Corpus Christi Public Water Supply System, O.N. Stevens Water Treatment Plant, Corpus Christi,
Nueces County, Docket No. 1998 -1391 -PWS -E, with possible action related thereto in open session.
The Council went into closed session. The Council returned from closed session.
Council Member Gonzales made the following motion, seconded by Council Member Scott,
and passed as follows:
0.2. M99-122
Motion relating to City of Corpus Christi v. Advisory Commission on State Emergency
Communications, No. 99-02304, 201' District Court, Travis County, Texas, authorizing the
City Manager to extend the contract of Butler, Porter, Gay & Day, the law firm representing
the City, by an additional $15,000.
The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales,
Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero and J. Longoria absent.
Council Member Gonzales made a motion to approve the following items as stated by Mayor
Neal, seconded by Council Member Scott, and passed as follows:
O.3.a. M99-123
Motion authorizing the City Manager to execute an agreed order with the Texas Natural
Resource Conservation Commission relating to TNRCC Docket No. 1998 -1391 -PWS -E.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
O.3.b. M99-124
Motion directing the Water Superintendent and Director of Solid Waste Services to proceed
with the supplemental environmental project to clean up litter along the Upper Laguna Madre
shoreline, Oso Bay shoreline, and along Oso Creek upon formal approval of the agreed order
relating to TNRCC Docket No. 1998 -1391 -PWS -E, Enforcement ID No. 13041 by the
TNRCC Commissioners.
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Regular Council Meeting
April 27, 1999
Page 21
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
O.3.c. ORDINANCE NO. 023627
Ordinance authorizing the transfer of funds to No. 1050 Federal/State Grants Fund and
appropriating $14,175 in No. 1050 Federal/State Grants Fund for a supplemental
environmental project to clean up litter along the Upper Laguna Madre shoreline, Oso Bay
shoreline, and along Oso Creek.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting
"Aye."
*************
Mayor Neal called for the City Manager's report. Mr. Garcia referred to a memo in his report
to the Council about proposed changes to the subcommittee structure of the Oil and Gas Advisory
Committee. He said that as of that day, Western Geophysical had not submitted their permit
application for seismic testing; consequently, the earliest that the Oil and Gas Advisory Committee
will consider their permit is May 19`11. He said staff will bring the proposed changes to the Council,
which would basically establish the Council as an appeal body for those permit applications. He said
there is growing interest in this issue among members of the oil and gas industry, and he added that
this is a complex process. Mr. Garcia also reminded the Council about the CDBG public hearing on
May 11 "'
In his report, Mayor Neal stated that last week a group went to Dallas to make presentations
to the bond rating agencies, and he complimented staff for their efforts. Mr. Garcia agreed, saying
that the rating agencies were favorably impressed with the directions the Council had approved to
address the city's financial situation. The Mayor reminded the Council of their upcoming retreat, and
he called for Council concerns and reports.
Council Member Kinnison asked about a hearing on the class action suit against Central
Power & Light. City Attorney Bray replied that the hearing was postponed to May 10, 1999.
Referring to the oil and gas ordinance, Mr. Kinnison asked that industry representatives be consulted
on that issue.
Council Member John Longoria said that quite some time ago he had asked about
development on the L -Head and T -Heads, including possibly providing pad sites and working with
the Greater Corpus Christi Business Alliance. He said he recently received a memo from Mr.
Cisneros, the Park and Recreation Director, that the city had not received inquiries from any new
restaurants, and staff felt an obligation to support the existing restaurants. Mr. Longoria said he had
Minutes
Regular Council Meeting
April27, 1999
Page 22
asked staff to visit with the economic development team at the Alliance to put together a plan for
development. Mr. Garcia said the whole issue of economic development needs to be discussed.
Council Member Cooper reported a problem with signalization at Morgan Avenue and 19`h
Street. She also said she will be having a town hall meeting at Carroll High School on May 3rd
Council Member Garrett suggested that one-hour free parking at the airport be considered.
Mr. Garcia said staff will provide a report. Mayor Neal said the Council discussed that issue at length
during the last budget cycle but they can reconsider it.
Council Member Betty Jean Longoria said that during the recent City Council campaign, the
issue of communication was raised. She said she would like to see town hall meetings that involve
notifying the whole Council but not requiring a quorum of the Council to be present. Mayor Neal
said the Council will have time during their retreat to discuss that issue among others. Mrs. Longoria
also requested a report on undesirable activity in West Guth Park, and she wondered whether the
sign for the park is sufficiently large and visible.
Council Member Colmenero said that in light of the plans to expand Kids Place, there needs
to be a solution to the problem of graffiti at the park. He also requested a report on the basic services
that TCI Cablevision provides, their existing underground network, their dollar value, and the
amount of coaxial versus fiber optic lines.
There being no further business to come before the Council, Mayor Neal declared the Council
meeting adjourned at 7:48 p.m. on April 27, 1999.
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