HomeMy WebLinkAboutMinutes City Council - 04/16/2002I 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 16, 2002, which were approved by
the City Council on April 23, 2002.
WITNESSETH MY HAND AND SEAL, this 23rd day of April 2002.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
April 16, 2002 - 1:10 p.m.
PRESENT
Mayor Samuel L. Neal Jr.*
Mayor Pro Tem Brent Chesney
Council Members:
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
City Staff:
City Manager David R. Garcia
Deputy City Manager George Noe
City Attorney James R. Bray Jr.
City Secretary Armando Chapa
Recording Secretary Rachelle Parry
Mayor Pro Tem Chesney called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by George Pledger, Weber Road Church of Christ, and the Pledge of
Allegiance to the United States flag was led by Council Member Garrett. City Secretary Chapa called
the roll and verified that the necessary quorum of the Council and the required charter officers were
present. Mr. Chesney called for approval of the minutes of the joint and regular meetings of March
26, 2002 and the special meeting of April 2, 2002. A motion was made and passed to approve the
minutes as presented. City Manager Garcia introduced the new city staff members: Ms. Margie Rose,
Assistant City Manager for Development Services; Ms. Lee Ann Dumbauld, Director of Finance;
and Ms. Cheryl Alexander Soward, Director of Public Information. The three addressed the Council.
* * * * * * * * * * * * *
Mayor Pro Tem Chesney referred to Item 2 and the following board appointments were
made. City Secretary Chapa said the Airport Board appointments would be postponed.
Transportation Advisory Committee
Stuart Sher (Reappointed)
Grace Gonzalez (Reappointed)
MAC Karla Bennett (Reappointed)
Sister City Committee
Ellen Murry
* * * * * * * * * * * * *
Mayor Pro Tem Chesney referred to the consent agenda (Items 3-21). City Secretary Chapa
said Mr. Noyola would be abstaining on Item 14. Council members requested that Items 7, 13, 16
and 18 be discussed. There was no public comment. Mr. Chapa polled the Council for their votes:
3. M2002-091
Motion approving a supply agreement with Altivia, Houston, Texas, for approximately 415
tons of sodium chlorite solution in accordance with Bid Invitation No. BI -0065-02 based on
Minutes - Regular Council Meeting
April 16, 2002 - Page 2
low bid for an estimated annual expenditure of $234,060. The term of the supply agreement
will be for twelve months with an option to extend for up to two additional twelve-month
periods subject to the approval of the supplier and the City Manager or his designee. Funds
have been budgeted by the Water Department in FY2001-2002.
The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent.
4. M2002-092
Motion approving the purchase of one (1) line -jetting truck from the Houston -Galveston
Area Council of Governments (HGAC) for the total amount of $79,009.02. The award is
based on the cooperative purchasing agreement with HGAC. This vehicle will be used by the
Wastewater Department. Funds are available from the FY2001-2002 Capital Outlay Budget.
This item will be an addition to the fleet.
The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent.
5. M2002-093
Motion approving the purchase of four mowers and one sand trap rake in accordance with
Bid Invitation No. BI -0057-02 from AMC Industries, San Antonio, Texas, based on low bid
for a total of $109,018.80. All items are replacement units. Funding is available in the
FY2001-2002 Capital Outlay Fund.
The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent.
6. M2002-094
Motion approving the purchase of ten (10) sedans from the Houston -Galveston Area Council
of Governments (HGAC) for the total amount of $146,781.50. The award is based on the
cooperative purchasing agreement with HGAC. These vehicles will be used by the Police
Department. Funds are available through the Law Enforcement Block Grant. These items
are replacements to the fleet.
The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent.
8. M2002-096
Motion approving the purchase of one pre -owned crawler tractor with sideboom in
accordance with Bid Invitation No. BI -0067-02 from H&V Equipment Services Inc., Corpus
Christi, Texas, based on low bid, for a total of $135,554. This equipment will be used by the
Minutes - Regular Council Meeting
April 16, 2002 - Page 3
Gas Department and is an addition to the fleet. Funding is available from the FY2001-2002
Capital Outlay Fund.
The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent.
9. M2002-097
Motion authorizing the City Manager or his designee to execute a construction contract with
King -Isles Inc. in the amount of $1,065,630 for the Crosstown/South Padre Island Drive
(SPID) interchange waterline adjustments at Gollihar Road and Johanna Street.
The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent.
10. M2002-098
Motion authorizing the City Manager or his designee to execute a construction contract with
Rycon E&C, LLC in the amount of $161,435 for the installation of wastewater clean -outs.
Funds are available in the Capital Improvement Budget FY2001-2002.
The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent.
11. M2002-099
Motion authorizing the City Manager or his designee to execute Amendment No. 6 to an
engineering services contract with Govind E.C. in the amount of $99,112 for the Broadway
Plant lift station diversion project.
The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent.
12. M2002-100
Motion authorizing the City Manager or his designee to execute Amendment No. 2 for Stage
2 services to the engineering contract with Goldston Engineering Inc. in the amount of
$249,575 for the Laguna Madre service area collection system rehabilitation project.
The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent.
14. M2002-102
Motion authorizing the City Manager or his designee to execute an amendment to an
Minutes - Regular Council Meeting
April 16, 2002 - Page 4
architectural/engineering services contract with M. Arthur Gensler Jr. & Associates Inc. in
the amount of $46,060 for short-term parking pedestrian canopies and vehicle inspection
stations for the Corpus Christi International Airport roadway and parking lot improvements
project.
The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent.
15. ORDINANCE NO. 024820
Ordinance abandoning and vacating 1,000 square feet of a 10 -foot wide utility easement out
of Lot 11, Block 8, Lantana Industrial Area; requiring the owner, Turbonetics Engineering
and Services Inc., to comply with the specified conditions and replat the property within 180
days at owner's expense.
An emergency was declared and the foregoing ordinance passed: Chesney, Colmenero,
Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent.
17.a. M2002-104
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$140,688 in funding from the Executive Office of the President, Office of National Drug
Control Policy, to support the Police Department's role in the Texas Coastal Corridor
Initiative in the Houston High -Intensity Drug Trafficking Area.
The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent.
17.b. ORDINANCE NO. 024821
Ordinance appropriating $140,688 in the No. 1050 Federal/State Grants Fund from the
Executive Office of the President, Office of National Drug Control Policy, to support the
Police Department's role in the Texas Coastal Corridor Initiative in the Houston High -
Intensity Drug Trafficking Area.
An emergency was declared and the foregoing ordinance passed: Chesney, Colmenero,
Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent.
19. RESOLUTION NO. 024824
Resolution authorizing the City Manager or his designee to execute an agreement with Texas
A&M University -Corpus Christi in the amount of $36,320 for professional services to
expand the Police Department's current technology through enhanced geographical
information system/mapping of motor vehicle thefts.
Minutes - Regular Council Meeting
April 16, 2002 - Page 5
The foregoing resolution passed by the following vote: Chesney, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent.
20. ORDINANCE NO. 024825
Ordinance amending the Code of Ordinances, Chapter 53 -Traffic, Section 53-250 - Schedule
I, One -Way Streets and Alleys, Section(a), by establishing a one-way traffic pattern on
Riverwood Drive in the northbound direction of travel from F.M. Highway 624 (Northwest
Boulevard) to River Hill Drive at all times; providing for penalties.
The foregoing ordinance passed on second reading as follows: Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent.
21. ORDINANCE NO. 024826
Ordinance annexing Padre and Mustang Island tracts: annexing 9,618 feet of Padre Island
Gulf beach frontage tracts owned by Jones, Walter & GLO (44.16 acres) and Padre Balli
Park (Nueces County Park No. 1 - 194.92 acres and 6,324 feet of Gulf beach frontage on
Padre Island) in the vicinity of the Nueces-Kleberg county line; annexing Packery Channel
Park (Nueces County Park No. 2) and adjoining private land (approximately 50.01 total acres
for park and private land) on Padre Island; annexing 221 acres of land south of Mustang
Island State Park, comprising 4,211 feet of Gulf beach frontage on Mustang Island, owned
by Nueces County; annexing 9.23 acres of land north of Zahn Road and J.P. Luby Surf Park,
comprising 2,009.79 feet of Gulf beach frontage on Mustang Island, owned by Estate of Eric
C. Lower; providing that each annexed tract is contiguous to the city limits of the City of
Corpus Christi; providing for a service plan for the annexed tracts of land; providing that the
owners and inhabitants are entitled to all rights, privileges and burdens of other citizens and
property owners of the City of Corpus Christi and are subject to and bound by the City
Charter, ordinances, resolutions and rules; requiring application for certificate of occupancy
for nonconforming use; providing for amendment of the official maps of the City of Corpus
Christi, providing for an effective date.
Tract I - Jones. Walter and GLO Beach Frontages: Publicly and privately owned lands
comprising approximately 44.16 acres and 9,618 feet of Gulf beach frontage, from the south -
most property line of Padre Balli County Park to a point 500 feet south of the south -most
property line of the Lawrence Jones property. The width of the strip extends westward from
the city limit line on the Gulf of Mexico shoreline, being the 1.37 -foot line above mean sea
level based on United States Geological Survey (U.S.G.S.) and Geodetic Survey (G.S.)
datum of 1929, to a point along the vegetation line approximately 200 feet west of and
generally parallel to the 1.37 -foot line above mean sea level Gulf of Mexico shoreline.
Tract 2 - Padre Balli Park: Nueces County Park No. 1 (Padre Balli Park) comprising
approximately 194.92 acres and 6,324 feet of Gulf beach frontage.
Tract 3- Packery Channel Park: Publicly and privately owned lands comprising
approximately 50.01 acres and including Nueces County Park No. 2 (Packery Channel Park).
Tract 4 - Nueces County Land South of Mustang Island State Park: Publicly owned tract of
land comprising 221.00 acres and 4,211 feet of Gulf beach frontage surrounded by the
Minutes - Regular Council Meeting
April 16, 2002 - Page 6
existing city limits and out of the William Bryan Survey 606, between the east right-of-way
line of State Highway 361 and the existing city limit line along the Gulf of Mexico shoreline,
being the 1.37 -foot line above mean sea level based on the U.S.G.S. and G.S. datum of 1929.
Tract 5 - Beach Front Property North of Zahn Road: Privately owned (Eric C. Lower) tract
of land comprising approximately 9.23 acres and 2,009.79 feet of Gulf beach frontage
abutting the city limits on the Gulf of Mexico shoreline, being the 1.37 -foot line above mean
sea level based on U.S.G.S. and G.S. datum of 1929 and extending approximately 200 feet
westward, and between county -owned land and state -leased land at J.P. Luby Surf Park.
The foregoing ordinance passed on second reading as follows: Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent.
* * * * * * * * * * * * *
Mayor Pro Tem Chesney opened discussion on Item 7, lease -purchase of two aerial fire
trucks. Responding to Council Member Garrett, City Manager Garcia stated that the Fire Department
has one aerial fire truck in the current budget to be lease -purchased. However, the estimated lead
time for delivery of the truck is 270-300 days (during next fiscal year). He said to avoid that
happening again next year, staff would like to order two trucks and budget the same replacement
amount in next year's budget in addition to the amount that will be carried over from this year. First
Assistant Chief Richard Hooks explained that these aerial trucks can serve as both engine companies
(pumpers) and ladder trucks.
In reply to Council Member Kinnison, Chief Hooks said the city currently has three of these
trucks in service --downtown at Belden Street, at Staples and Doddridge, and at the new station on
Rodd Field Road. He said one of the new trucks will be placed at the Five Points station to replace
the 20 -year-old truck there and possibly one at Flour Bluff. Mr. Kinnison said this action will
enhance the city's service. City Secretary Chapa polled the Council for their votes as follows:
7.a. ORDINANCE NO. 024819
Ordinance amending Ordinance No. 024528 which adopted the FY2001-2002 budget to
authorize purchase of additional fire trucks through the lease -purchase program.
An emergency was declared and the foregoing ordinance passed: Chesney, Colmenero,
Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent.
7.b. M2002-095
Motion authorizing the lease -purchase of two aerial fire trucks from the Houston -Galveston
Area Council of Governments (HGAC) for the total amount of $1,295,922.82. The award
is based on the cooperative purchasing agreement with HGAC. Funds have been budgeted
in the FY2001-2002 Capital Outlay Budget. These items are replacement upgrades and will
be used by the Fire Department.
Minutes - Regular Council Meeting
April 16, 2002 - Page 7
The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent.
*************
Mayor Pro Tem Chesney opened discussion on Item 13, Buckingham Estates lift station.
Council Member Scott asked if Coym, Rehmet, Gutierrez Engineering Inc. is a local firm. Mr. Angel
Escobar, Director of Engineering Services, said they have offices in Corpus Christi and Alice. City
Secretary Chapa polled the Council for their votes as follows:
13. M2002-101
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
engineering services contract with Coym, Rehmet & Gutierrez Engineering Inc. in the
amount of $299,040 for the Buckingham Estates lift station project.
The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly,
Kinnison, Noyola, and Scott voting "Aye"; Neal and Longoria absent.
*************
Mayor Pro Tem Chesney opened discussion on Item 16, police laptop computers. Council
Member Garrett asked if this action will put laptop computers in all the police cars. Capt. Leonard
Scott said the marked police cars answering service calls are already equipped with laptops and this
will provide them to the investigators (a total of about 95%). He said the computers will be
connected through the radio system back to criminal information. City Secretary Chapa polled the
Council for their votes as follows:
16. M2002-103
Motion approving the purchase of 77 laptop computers from Dell Computer Corporation in
accordance with the State of Texas cooperative purchasing program for the total amount of
$199,926.65. The equipment is for the Police Dept. funded through the COPS MORE grant.
The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent.
***********
Mayor Pro Tem Chesney opened discussion on Item 18, police services for the Housing
Authority. Council Member Garrett asked about the supervision of those police officers. Capt.
Wayne Tisdale said the zone lieutenant is responsible for their supervision and the Housing
Authority sets their hours, which is part of the interlocal agreement. City Secretary Chapa polled the
Council for their votes as follows:
Minutes - Regular Council Meeting
April 16, 2002 - Page 8
18.a. RESOLUTION NO. 024822
Resolution authorizing the City Manager or his designee to execute an interlocal agreement
with the Housing Authority of the City of Corpus Christi (Authority) for the Corpus Christi
Police Department to provide supplemental police services to the Authority on a voluntary
overtime basis for a period of twelve months and not to exceed $125,176.
The foregoing resolution passed by the following vote: Chesney, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent.
18.b. ORDINANCE NO, 024823
Ordinance appropriating $15,166 from the Housing Authority of the City of Corpus Christi
for supplemental police patrols at the Authority in the No. 1020 General Fund - Police
Department; amending Ordinance No. 024528 which adopted the FY2001-2002 budget by
increasing both revenues and appropriations by $15,166 in the No. 1020 General Fund.
An emergency was declared and the foregoing ordinance passed: Chesney, Colmenero,
Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent.
* * * * * * * * * * * * *
Mayor Pro Tem Chesney opened discussion on Item 22, seat belt enforcement program. Mr.
Noel Johnson, law enforcement liaison for the Texas Municipal Police Association, said that
organization is contracted through the National Highway Traffic Safety Administration and the
Texas Department of Transportation to work on the "Buckle Up Texas" and "Click It or Ticket"
(CIOT) grants. He said they are asking the Council to allow them to bring the CIOT program to
Corpus Christi.
Using a computer presentation, Mr. Johnson explained that seat belt use has been a state law
since 1985 and currently one-quarter of the people traveling on state roads are not wearing their seat
belts. He said as seat belt use increases, the death rate nationally decreases. He said in Corpus Christi
for the year 2000, belt use was at 81.1% but child safety seat use was at 72.7%; the target goal is
85%. The CIOT campaign targets the hard-core, infrequent belt user who does not believe that riding
unbuckled will cost him his life or that buckling up will save it.
Mr. Johnson said that CIOT is a highly visible enforcement effort with a clear, convincing
message. If the 85% compliance goal is maintained for one year, it is projected that 5,275 injuries
will be prevented in Texas with an economic savings of about $392 million. He said the enforcement
dates for Corpus Christi will be from May 20th -June 2nd (over the Memorial Day period) and
November 18th -25th (Thanksgiving weekend).
Responding to Council Member Colmenero, Mr. Johnson said the intention is to enforce all
Texas state seatbelt law: anyone under the age of 17 needs to be seatbelted, occupants of the front
seats need to be belted and children under the age of 4 or less than 36 inches tall need to be in a child
Minutes - Regular Council Meeting
April 16, 2002 - Page 9
safety seat. There were no comments from the audience. City Secretary Chapa polled the Council:
22.a. M2002-105
Motion authorizing the City Manager or his designee to accept grant funding in the amount
of $57,202 from the Texas Department of Transportation for the Click It or Ticket (CIOT)
Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime
within the Police Department and to execute all related documents.
The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent.
22.b. ORDINANCE NO. 024827
Ordinance appropriating $57,202 from the Texas Department of Transportation in the No.
1050 Federal/State Grants Fund for funding of the Click It or Ticket (CIOT) Selective
Traffic Enforcement Project (STEP) within the Police Department.
An emergency was declared and the foregoing ordinance passed: Chesney, Colmenero,
Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent.
* * * * * * * * * * * * *
Mayor Pro Tem Chesney referred to Item 23, a public hearing regarding proposed
adjustments to the City Council single -member district boundary lines. City Secretary Chapa
explained that the City Charter requires that the districts be equalized. The current 5-3-1 system was
put into place in 1983 by court order, which asks that there be two "safe" districts (Districts 2 and
3) and one "swing" district (District 1) where there is a higher probability that a Hispanic or minority
will be elected to those districts. Mr. Chapa said that following the 1990 census, the boundary lines
were adjusted to accommodate population changes. According to the 2000 census, the city's
population has grown to 277,450 from 257,428 in 1990, an increase of 7.8%. He said the total
Hispanic population increased by 16.2% (5% in each district).
*Mayor Neal arrived at approximately 1:40 p.m.
Mr. Chapa said that during the Council's retreat on March 15, 2002, staff presented the
proposed adjustments to the district boundary lines. He said the plan includes minimal changes but
meets the requirements of the court case and those of the Justice Department. He said the
recommended plan is as follows: District 1 - no changes; District 2 - add voting precincts 48, 84 and
109; District 3 - add voting precincts 70 and 89 and remove voting precinct 48; District 4 - no
changes; and District 5 - remove voting precincts 70, 84, 89 and 109.
Mr. Chapa said he has met with 16 individuals who have expressed interest in the
redistricting plan. He said that for the most part, they have endorsed it or have no objections to it.
In addition, a public hearing was held at City Hall on April 11, 2002 which was attended by five
Minutes - Regular Council Meeting
April 16, 2002 - Page 10
people. He said the major concern has been expressed by some members of LULAC Council #4444,
who feel there should be more Hispanics in District 5. He noted that in 1990 the Hispanic population
in District 5 was 38% and in 2000 it grew to 43%. He said the recommended plan reduces that
amount to 40%. Mr. Chapa said members of LULAC Council #4444 submitted two proposals but
they did not meet the Justice Department's basic requirement that all the precincts be contiguous.
Council Member Kinnison made a motion to open the public hearing, seconded by Council
Member Colmenero, and passed. Mayor Neal called for public comment.
Mr. Abel Alonzo, 1701 Thames, said he was one of the original plaintiffs in the single -
member district suit. He commended Mr. Chapa and staff for developing the redistricting plan
themselves rather than hiring a consultant to do it, which would have cost $40,000 to $70,000. Mr.
Alonzo said he believes it is a matter of time before District 5 becomes a swing district. He said he
supports the proposed redistricting plan because it is fair.
Mr. Ramiro Gamboa, 2630 Cloyde St., said he was also one of the original plaintiffs in the
court case. He urged the Council to approve staffs plan because it is fair and inclusive. He said in
2010 the census data will most likely change again, necessitating other boundary adjustments.
Council Member Garrett made a motion to close the public hearing, seconded by Council
Member Kinnison, and passed. Several Council members commended Mr. Chapa and the staff for
their efforts, saying the plan protects Districts 2 and 3 and maintains the integrity of the system. Mr.
Chapa thanked Mr. Willie Pulido and Mr. Michael Gunning of the Planning Department and
Assistant City Secretary Mary Juarez for their work. He also explained that in the next two weeks
staff will bring the first and second readings of the ordinance. Upon adoption, the plan will be sent
to the Justice Department for a determination in about 60 days.
Mayor Neal recessed the Council meeting to read the day's proclamations.
* * * * * * * * * * * * *
Upon reconvening, Mayor Neal referred to Item 24 and a motion was made, seconded and
passed to open the public hearing on the following zoning case:
24. Case No. CO202-01A. City of Corpus Christi: Zone newly annexed areas to an"R-1B" One -
family Dwelling District and "B -2A" Barrier Island Business District on Nueces County Park
No. 2 (Packery Channel Park), located on the east side of South Padre Island Drive, north of
Verdemar Drive.
City Secretary Chapa said the Planning Commission and staff recommended denial of the
"R -1B" and "B -2A" Districts, and in lieu thereof, approval of an "F -R" Farm -Rural District on
Tracts 1 and 2. Responding to a question from the Mayor, Mr. Gunning said the 20% rule is not
applicable in the zoning of newly annexed areas. He then gave a brief description of this zoning case,
which consists of a total of 50.01 acres: Tract 1 (30 acres) is privately owned and Tract 2 (20.01
acres) is owned by Nueces County and is known as the Packery Channel County Park. Mr. Gunning
Minutes - Regular Council Meeting
April 16, 2002 - Page 11
also showed photographs of the subject property and adjacent properties. Mayor Neal called for
public comment.
Mr. Rick Guerra, 14506 Villa Maria Isabella, said his property is located directly across from
the park. He said he is a member of the Audubon Outdoor Club and was asked by members of the
Sierra Club and OPUS to urge the Council to adopt the recommended "F -R" zoning for the subject
property, which they would like to be maintained as park land.
Mr. Art Olson, 1310 Southgate, said he was also speaking on behalf of the Audubon Outdoor
Club, which owns 17 lots near the subject property. He said the organization has dedicated that
property strictly as a wildlife area. He said they also support the proposed "F -R" zoning.
Mr. Garrett made a motion to close the public hearing, seconded by Mr. Scott, and passed.
Mr. Scott said this process is a good example that citizens' concerns were heeded. Mr. Gunning said
staff had originally recommended "R -1B," which is the standard zoning for parks, and `B -2A" for
the northern 30 acres. However, several citizens were opposed to that zoning and the Planning
Commission and staff agreed that "F -R" would be more appropriate. Mr. Chapa polled the Council
for their votes as follows:
24. ORDINANCE NO. 024828
Amending the Zoning Ordinance upon application by the City of Corpus Christi by changing
the zoning map in reference to the newly annexed tracts totaling 50.01 acres, designated as
Area A, Tract 1 and 2, by zoning as "F -R" Farm -Rural District; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan;
requiring application for certificate of occupancy for nonconforming use.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
* * * * * * * * * * * * *
Mayor Neal referred to Items 25-28 and a motion was made, seconded and passed to open
the public hearing on those zoning cases (as follows). There were no comments from the public. Mr.
Kinnison made a motion to close the public hearing, seconded by Mr. Noyola, and passed.
Mr. Scott referred to Item 26 and asked why that case was being recommended for "F -R"
zoning. Mr. Gunning replied that "R -1B" has been the default zoning district for newly annexed
properties. However, in this case since "F -R" does not impact park operations, it was felt that
designation would be more protective of the property. He said in the future if newly annexed
property is located in a developed area, staff will probably recommend "R -1B" zoning; however, if
it is in a rural area where development potential is uncertain, staff will probably recommend "F -R."
City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
April 16, 2002 - Page 12
25. Case No. CO202-02A. City of Corpus Christi: Zone newly annexed areas to an "R -1B" One -
family Dwelling District and "AT" Apartment Tourist District on 230.23 acres out of
William Bryan Survey 606, Land Survey 64, located on the southeast side of State Highway
361, northeast of South Padre Island Drive. Mr. Chapa said the Planning Commission and
staff recommended denial of the "R -1B" District, and in lieu thereof, approval of an "F -R"
Farm -Rural District on Tract 1 and "AT" Apartment Tourist District on Tract 2.
ORDINANCE NO. 024829
Amending the Zoning Ordinance upon application by the City of Corpus Christi by changing
the zoning map in reference to the newly annexed tracts totaling 230.23 acres, designated as
Area B, by zoning Tract 1 as "F -R" Farm -Rural District and Tract 2 as "AT" Apartment
Tourist District; amending the Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan; requiring application for certificate of occupancy for
nonconforming use.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
26. Case No. CO202-03A. City of Corpus Christi: Zone newly annexed areas to an "R -1B" One -
family Dwelling District on Nueces County Park No. 1 (Padre Balli Park), located on the east
side of South Padre Island Drive, south of Whitecap Boulevard. Mr. Chapa said the Planning
Commission and staff recommended denial of the "R -1B" One -family Dwelling District, and
in lieu thereof, approval of an "F -R" Farm -Rural District.
ORDINANCE NO. 024830
Amending the Zoning Ordinance upon application by the City of Corpus Christi by changing
the zoning map in reference to the newly annexed tract totaling 195.92 acres, designated as
Area C, by zoning as "F -R" Farm -Rural District; amending the Comprehensive Plan to
account for any deviations from the existing Comprehensive Plan; requiring application for
certificate of occupancy for nonconforming use.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
27. Case No. 0202-04A. City of Corpus Christi: Zone newly annexed areas to an "AT"
Apartment Tourist District on Gulf of Mexico beach frontage, 200 feet wide and 9,618 feet
long, located east of Park Road 22, south of Sea Pines Drive. Mr. Chapa said the Planning
Commission and staff recommended approval of the "AT" Apartment Tourist District.
ORDINANCE NO. 024831
Amending the Zoning Ordinance upon application by the City of Corpus Christi by changing
the zoning map in reference to the newly annexed tract totaling 44.16 acres, designated as
Minutes - Regular Council Meeting
April 16, 2002 - Page 13
Area D, by zoning as "AT" Apartment Tourist District; amending the Comprehensive Plan
to account for any deviations from the existing Comprehensive Plan; requiring application
for certificate of occupancy for nonconforming use.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
28. Case No. 0302-01. Isla Properties: A change of zoning from an "R -1B" One -family Dwelling
District to an "RE" Residential Estate District on Flour Bluff and Encinal Farm and Garden
Tracts, Section 38, south half of Lot 14, located on the north side of Yorktown Boulevard,
approximately 425 feet west of Scarlet Oak Drive. Mr. Chapa said the Planning Commission
and staff recommended approval of the "RE" Residential Estate District.
ORDINANCE NO. 024832
Amending the Zoning Ordinance upon application by Isla Properties by changing the zoning
map in reference to Lot 14, Section 38, Flour Bluff and Encinal Farm and Garden Tracts,
from "R -1B" One -family Dwelling District to "RE" Residential Estate District; amending
the Comprehensive Plan to account for any deviations to the existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
* * * * * * * * * * * * *
Mayor Neal referred to Item 29, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
29. Case No. 0302-02, Oceanic Development, Ltd: A change of zoning from an "R -1A" One -
family Dwelling District and "R -1B" One -family Dwelling District to a `B-4" General
Business District on Tract 1 and "A-1" Apartment House District on Tract 2, on Flour Bluff
and Encinal Farm and Garden Tracts, Section 28, being 6.5 acres out of Lots 1 and 2, located
on the north side of South Padre Island Drive, approximately 450 feet east of Rodd Field Rd.
Mr. Chapa said the Planning Commission and staff recommended approval of the "B-4"
General Business District on Tract 1 and "A-1" Apartment House District on Tract 2. No one
appeared in opposition to the zoning change. Mr. Kinnison made a motion to close the public
hearing, seconded by Mr. Noyola, and passed.
Responding to Mr. Chesney, Mr. Gunning said that 50 residents from the Carriage Park
Townhomes and eight residents from the Rock Creek Townhomes sent letters in opposition to the
proposed rezoning. However, he said the townhome properties combined only represent 11.9% of
the total area, which does not trigger the 20% rule. Mr. Chapa polled the Council for their votes:
Minutes - Regular Council Meeting
April 16, 2002 - Page 14
29. ORDINANCE NO. 024833
Amending the Zoning Ordinance upon application by Oceanic Development, Ltd. by
changing the zoning map in reference to 6.5 acres out of Lots 1 and 2, Section 28, Flour
Bluff and Encinal Farm and Garden Tracts, from "R -1A" One -family Dwelling District and
"R -1B" One -family Dwelling District to "B-4" General Business District on Tract 1 and "A-
1" Apartment House District on Tract 2; amending the Comprehensive Plan to account for
any deviations from the existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Colmenero and Longoria absent.
* * * * * * * * * * * * *
Mayor Neal announced the following executive sessions:
30. Executive session pursuant to Texas Government Code Section 551.071 regarding City of
Corpus Christi Project #3219, Nourishment of Corpus Christi Beach - 2001, with possible
discussion and action related thereto in open session;
31. Executive session pursuant to Texas Government Code Sections 551.071 and 551.072
regarding acquisition of approximately 11.95 acres owned by Rudolph T. Barrera, et ux, for
a buffer zone adjacent to the Oso Wastewater Treatment Plant, with possible discussion and
action related thereto in open session;
32. Executive session pursuant to Texas Government Code Sections 551.071 regarding Hector
Villareal et al v. Loyd Neal et al No. 020086800-F, 214th District Court, Nueces County,
Texas, with possible discussion and action related thereto in open session.
The Council went into executive session. The Council returned from executive session.
Mayor Neal made the following motion, which was seconded by Council Member Colmenero.
31. M2002-106
Motion authorizing the City Manager or his designee to execute a real estate sales contract
in the amount of $160,000 for acquisition of 11.95 acres of land northwest of and adjacent
to the Oso Wastewater Treatment Plant and out of Block 3, Edgewater Terrace and Lots 1,
2, 12 and 13, Section 17, Flour Bluff and Encinal Farm and Garden Tracts, from the owners,
Rudolph T. Barrera, Co -Trustee, and Ramona L. Barrera, Co -Trustee, for use as part of the
buffer zone for the Oso Wastewater Treatment Plant and for other municipal purposes.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience.
Minutes - Regular Council Meeting
April 16, 2002 - Page 15
Ms. Norma Urban, President of the Corpus Christi Downtown Management District, said the
DMD passed a resolution in which they supported the concept of developing the marina. She said
the board also strongly encourages the Council to proceed with negotiations with a developer so as
not to stop the current momentum.
Mr. Abel Alonzo thanked the City Manager for making inclusive and diverse department
head appointments. He also referred to the marina development project, saying that it will increase
the city's tax base. He urged the Council to move forward.
Mr. Tim Clower, 415 Starr St., said the downtown area has been ignored and he does not
believe that development there will affect the Packery Channel project. He said he believes the
marina project will positively affect other businesses.
Mr. Jack Gordy, 4118 Bray Dr., referred to a sign in front of Thomas J. Henry's business and
a 4x8 sign in the right-of-way of 5212 Weber Road. He also said that previously, two city employees
received car allowances and now 53 employees receive them. He said car allowances should only
be used by employees to conduct city business and not given as a benefit. He said there needs to be
accountability.
Mr. J.E. O'Brien, 4130 Pompano, distributed copies of a letter to the Council from the
Corpus Christi Taxpayers Association Inc. dated April 16, 2002. The letter states that the
professional services contract between the city and Mr. W. Thomas Utter is in violation of Article
X, Section 2(d) of the City Charter. Mr. O'Brien also said he had attended a meeting of the
Water/Shore Advisory Committee in which no public comment was allowed on agenda items. He
said if the policy is not clarified, he believes the chairman of that committee should be removed.
Mayor Neal asked City Attorney Bray to review the April 16th letter distributed by Mr.
O'Brien. He also asked about public comment during board and committee meetings. City Secretary
Chapa replied that there is a policy stating that any public meetings held at City Hall must provide
for public comment. Mr. Bray added that some boards provide for comment at the end of their
meetings but not on every agenda item. Deputy City Manager Noe stated that the Water/Shore
Advisory Committee had its public comment posted at the beginning of the meeting. He said it is
not their normal practice to have public comment on every agenda item. Council Member Noyola
requested copies of the minutes of that Water/Shore committee meeting.
* * * * * * * * * * * * *
Mayor Neal called for the City Manager's report. Mr. Garcia said the next Council meeting
will be held on April 23`d and scheduled items include a public hearing and presentation on the
marina development project and the first reading of the single -member district plan. On April 30`s
there will be a joint meeting at noon with the Convention and Visitors Bureau followed by the
regular meeting at 1 p.m. Items scheduled for the regular meeting include the utility rate model
adjustments and an update on the Bond 2000 projects.
The Mayor thanked Mr. Chesney for presiding at the joint meeting with the Airport Board
Minutes - Regular Council Meeting
April 16, 2002 - Page 16
on April 16`h and earlier during this Council meeting. He said he was in Austin this morning
attending a meeting of the Texas Strategic Military Planning Commission, to which he was recently
reappointed. The Mayor also distributed a copy of an April 14`h editorial in the Houston Chronicle
entitled "City budget --citizens' costs go up; services remain substandard." He said that Houston is
one of only three Texas cities with a "strong mayor" form of government. According to the editorial,
Houston's FY02-03 budget is facing a $33 million shortfall. Mayor Neal said Houston is an example
of what can happen when one person is given too much power. He said he believes Corpus Christi
citizens are being told by members of a petition drive that the strong mayor model is an answer to
all the city's problems. He said Corpus Christi does not have Houston's problems because over the
last two years the Council, city staff, and public have done a good job of managing the budget. He
then called for Council concerns and reports.
Mr. Chesney referred to an April 16`h article in the Corpus Christi Caller -Times about
potential delays to the marina development project. He said he is in favor of some development at
the marina and his intention was to obtain some additional form of public comment. He said rather
than try to postpone the project, he feels a planning process can proceed at the same time that the
Council considers allowing staff to negotiate with developers.
Responding to a question from Mr. Chesney, Mr. Garcia said that city staff has not yet
received the authority from the Council to begin negotiations with Landry's. He said there are many
things staff would like to require them to do with regards to the development. He said a
memorandum of agreement is a long way from any kind of lease agreement or contractual
arrangement, which would require detailed review and public participation. Mr. Chesney said he
thinks planning needs to be done to tie in the marina, the port, the arena and other bayfront activities.
Mr. Chesney also thanked Council Members Garrett, Scott and Kinnison for participating
with him in the April 8t town hall meeting at Wilson Elementary School. He asked Mr. Garcia about
the status of the "south wharf" project being proposed by Mr. Leon Loeb. Mr. Garcia replied that
staff has had several discussions with Mr. Loeb and are trying to develop a memorandum of
agreement with him since the Council authorized them to do so. He said the challenge has been
trying to structure an agreement that allows Mr. Loeb to proceed so that the issue can be placed on
the ballot for approval of the lease.
Mr. Noe said that staff is reviewing the formal response they received from Mr. Loeb
yesterday. He said Mr. Loeb is aiming for a final decision in May in anticipation of a November
election. Mr. Garcia said the difference between Mr. Loeb's proposal and the marina development
is that with the latter, the city owns existing property and it needs to ensure that its interests are
protected as staff structures a lease agreement with another entity. On the other hand, he said he does
not think the issues related to Mr. Loeb's proposal are that complex. He added that the time frames
are also very different: about 7-10 years for the south wharf versus about three years for Landry's.
Mr. Chesney also asked about the status of the sign in front of Mr. Henry's office. Mr. Noe
said that April 12th was the deadline for Mr. Henry to apply for an application for a conditional sign
permit but he did not do so. Mr. Noe said that as a result, Code Enforcement staff cited Mr. Henry
for the sign and the next step is to Municipal Court for enforcement action. He said it is not a public
Minutes - Regular Council Meeting
April 16, 2002 - Page 17
health and safety issue. Mr. Garcia said the only things the city can regulate are the size and locations
of signs --not their content. Mr. Bray said staff is following the same process with Mr. Henry's sign
as it does with other sign violations. He said the city does not have the resources to file an injunction
suit against all such violators. Mr. Chesney suggested that the ordinance may need to be changed to
address certain issues. Mr. Noe said the judge will decide what action to take.
Mayor Neal addressed the marina development issue, saying that the Council has not yet
made a decision but will consider it on April 23rd with presentations and full public comment.
Mr. Garrett asked if debris placed next to the containers used in the automated trash pick-up
program would also be collected. Assistant City Manager Ron Massey said that extra trash was
picked up during the transition period but then notices were disseminated stating that practice would
cease because it defeats the purpose of the automated program. He said if people have an excess
amount of trash on a regular basis, they can get another container; they can take it to the landfill; or
they can recycle it if applicable.
Mr. Garrett also asked about the Police Department photo imaging program. Mr. Garcia
replied that Police Chief Alvarez informed him today that they have resolved the issue and now have
an agreement. Mr. Garrett asked about the status of the McArdle Road improvements project. Mr.
Escobar said that Phase 1 (Everhart to Weber) should be completed in September 2002; Phase 2
(Carroll Lane to Weber) should be completed in August 2002.
Mr. Kinnison asked if the marina issue on April 23rd can be scheduled after public comment
at 5:30 p.m. so citizens can attend the meeting. There was a question about starting the meeting later
but it was determined that it needs to start at 2 p.m. because of zoning cases that have been
published. Mr. Kinnison said he thought the Council had not committed to putting the south wharf
project on the November ballot. Mr. Garcia said the Council directed staff to proceed with
negotiations with Mr. Loeb but they have not concluded them.
Mr. Colmenero said he would like clarification about a pending permit to rent jet skis at the
marina and he forwarded a letter to Mr. Garcia about a personnel matter. Mr. Colmenero also
referred to a letter the Council received on April 16th from Mr. John Torrey, owner of a company
called Captain Hook. He said the Council should be able to view Mr. Torrey's beach -cleaning
machine. Mr. Garcia stated that staff has offered Mr. Torrey the opportunity to demonstrate the
machine's effectiveness, which he has refused to do. He added that Mr. Torrey's proposal costs more
than the city's current beach cleaning operation. Additional discussion ensued and staff responded
to Council members' questions.
Mr. Colmenero then made a motion to have Mr. Torrey provide a demonstration to the City
Council of his company's beach -cleaning capabilities; seconded by Mr. Noyola. City Secretary
Chapa polled the Council and the motion failed to pass by the following vote: Colmenero, Kelly and
Noyola voting "Aye"; Neal, Garrett, Kinnison and Scott voting "No"; Chesney and Longoria absent.
Mayor Neal said he would support the idea of a pilot program in which Mr. Torrey can demonstrate
the effectiveness of his equipment. Mr. Garrett said he thinks staff needs to view the machine and
make a decision they can bring back to the Council.
Minutes - Regular Council Meeting
April 16, 2002 - Page 18
Mr. Noyola asked if the Planning Commission has been briefed about the marina
development project and Mr. Noe said they have. Mr. Noyola requested input from the
commissioners about the marina proposals. He also asked about Time Warner Cable's public access
studio. Mr. Bray replied that the franchise agreement will come before the Council. Mr. Garcia
pointed out that very few people use the Time Warner studio/production facility. Mr. Noyola said
he hopes the cable company does not do away with it.
Mr. Kelly asked about the Omaha Street improvements project. Mr. Escobar said that testing
and televising of the sanitary sewer lines was completed and he is waiting for those reports. He said
that last week staff met with the bonding company, which has agreed on the work to be done since
the original contractor failed to complete the project. He said the bonding company is seeking bids
from other contractors and the work will probably begin in mid-June. He added that the Engineering
inspection department will monitor the project. He said the portion involving reopening driveways
and accessing water meters should begin next week. Mr. Escobar said if the new contractor follows
the originally proposed work schedule, the project should be completed by late September or early
October. Mr. Kelly said the quarterly reports on Omaha Street seemed to indicate that everything was
proceeding smoothly until the contractor walked off the job. He said that makes him wonder about
the Hampshire Road project. Mr. Escobar said staff will provide a report.
Mr. Garrett read a statement from Mr. Chesney in which he thanked the Mayor and Council
for recessing the April 2nd special Council meeting so they could attend his father's memorial
service. He said he and his family would like to thank all those who expressed their concern.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 4:30 p.m. on April 16, 2002.
*
***