HomeMy WebLinkAboutMinutes City Council - 01/14/2003I 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 January 14, 2003, which were approved
by the City Council on January 28, 2003.
WITNESSETH MY HAND AND SEAL, this 28th day of January 2003.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
January 14, 2003 - 2:00 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Javier D. Colmenero
Council Members:
Brent Chesney*
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
First Assistant City Attorney Jay Reining
City Secretary Armando Chapa
Recording Secretary Rachelle Parry
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Dr. Dan Morris, South Church of Christ, and the Pledge of Allegiance
to the United States flag was led by the Mayor. 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 meeting of December
17, 2002. A motion was made and passed to approve the minutes as presented. *Council Member
Chesney arrived at the meeting.
* * * * * * * * * * * * *
Mayor Neal referred to Item 2 and
Airport Board
Mark Meyer (Reappointed)
Ed Hicks Sr. (Reappointed)
Nelda Martinez (Reappointed)
J.C. Ayala
Civil Service Board
Erich Wendl
the following board appointments were made:
Mechanical/Plumbing Advisory Board
Sam Beecroft (Reappointed)
H. Ray Johnson Jr. (Reappointed)
Robert Knowles (Reappointed)
Scott Corliss
Roger Perez
Library Board
Sue Stanford (Honorary, Non -Voting)
* * * * * * * * * * * *
*
Mayor Neal called for consideration of the consent agenda (Items 3-30). City Secretary
Chapa announced the following abstentions: Mr. Kelly on Item 15; Mr. Noyola on Items 13, 28.a. -
b., 29.a. -b. and 30; and Mr. Chesney on Item 17. Council members and the public requested that
Items 3, 10, 14, 20 and 22 be discussed. Mr. Chapa polled the Council for their votes:
4. M2003-002
Motion approving the purchase of emergency response equipment from Fisher Safety of
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January 14, 2003 - Page 2
Pittsburgh, Pennsylvania, based on low bid for a total amount of $27,455.97. The equipment
will be used by the Fire Department. Funds are available from a grant through the Federal
Domestic Preparedness Program.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
5. M2003-003
Motion approving the purchase of 20 laptop computers, 2 wireless base stations, 1 security
cart, 2 wireless access points, and I server from Dell Computer Corporation of Round Rock,
Texas, in accordance with the State of Texas Cooperative Purchasing program for the total
amount of $45,353. The equipment is for the Police Department Training Center funded
through the COPS MORE grant.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
6. M2003-004
Motion approving a supply agreement with One Source Facilities Services of Corpus Christi,
Texas, for floor services for various Police Department facilities and the main police
building in accordance with Bid Invitation No. BI -0033-03, based on low total bid for an
estimated amount of $28,008. The term of the contract 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 in FY2002-2003.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
7. M2003-005
Motion approving a supply agreement with Horacio Ortiz Independent Security Consultant,
Inc., of Corpus Christi, Texas, for armored courier service in accordance with Bid Invitation
No. BI -0028-03, based on low bid, for an estimated annual expenditure of $34,200. The term
of the agreement shall 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 using departments in FY2002-2003.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
8. M2003-006
Motion approving a supply agreement for approximately 277 gate valves, ranging in size
from 3" to 12", with National Waterworks of Corpus Christi, Texas, in accordance with Bid
Invitation No. BI -0040-03, based on low bid, for an estimated annual expenditure of
Minutes - Regular Council Meeting
January 14, 2003 - Page 3
$81,216.67. The term of the contract will be for twelve months with options to extend for
up to two additional twelve-month periods, subject to the approval of the supplier and the
City Manager, or his designee.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
9. M2003-007
Motion authorizing the City Manager or his designee to execute a construction contract with
Paula Construction of Cleveland, Texas, in the amount of $292,380 for the Five Points
Drainage Channel Improvements - Emory Ditch.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
11.a. ORDINANCE NO. 025154
Ordinance appropriating $96,150 in the No. 3357 Public Health and Safety Capital
Improvement Program Fund out of interest earnings to fund the mold remediation
project—City of Corpus Christi Health Department; amending Ordinance No. 025144 which
adopted the FY2002-2003 Capital Budget by increasing appropriations by $96,150.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
11.b. M2003-009
Motion authorizing the City Manager or his designee to execute a construction contract with
Sanitary Air, Inc., dba Fresh Air Duct Cleaning in an amount not to exceed $69,400 for the
Mold Remediation City of Corpus Christi Health Department Project.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
12. M2003-010
Motion authorizing the City Manager or his designee to execute an engineering services
contract with Shiner, Moseley and Associates, Inc., of Corpus Christi, Texas, in an amount
not to exceed $63,830 for the J.C. Elliott Landfill Oso Creek Low Water Crossing.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
13. M2003-011
Motion authorizing the City Manager or his designee to execute Amendment No. 7 with
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January 14, 2003 - Page 4
DMJM Aviation of Tampa, Florida, in the amount of $139,104 for extended services with
the Corpus Christi International Airport for the terminal reconstruction and landside
improvement projects.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining.
15. M2003-013
Motion authorizing the City Manager or his designee to execute Amendment No. 4 with
Gilbane Building Company of Houston, Texas, in the amount of $2,575,000 for project
management services (construction phase) for the Convention Center Expansion and
Rehabilitation and Multipurpose Arena Projects.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Kelly abstaining.
16. M2003-014
Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the
contract for consulting services with the University of Texas Marine Sciences Institute in the
amount of $172,684 for Biological Monitoring of the Effects of Wastewater Effluent
Diversions on Primary and Secondary Production in the Nueces Delta.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
17. M2003-015
Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract
with Gloria Justus, in the amount of $53,000 plus $1,500 in closing costs and an additional
amount not to exceed $22,500 for relocation assistance to cover moving costs and incidental
expenses in connection with a replacement dwelling, all for the purchase of fee simple
property rights for Parcel 8, being all of Lot 13, Block 4, Mount Vernon Subdivision, with
street address of 4902 Waltham, necessary for the McArdle Road Street Improvement
Project, Phase 3, Project No. C-6, and for other municipal purposes.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney abstaining.
18. RESOLUTION NO. 025155
Resolution authorizing condemnation proceedings by the City to condemn fee simple title
to Parcel 12, being all of Lot 1, Block 6, Mount Vernon Subdivision Unit 2, from the
owners, Gilbert Arispe and wife Frances Arispe and recognizing the public necessity of
acquiring the property for the construction of street and utility improvements in connection
with the McArdle Road Street Improvement Project, Phase 3, Project No. C-6, and for other
Minutes - Regular Council Meeting
January 14, 2003 - Page 5
municipal purposes.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
19. RESOLUTION NO. 025156
Resolution authorizing condemnation proceedings by the City to condemn Parcel 2,
comprised ofa Right -of -Way Easement and Temporary Construction Easement, both out of
Block C, Wilkey Addition, located at the northernmost corner of Airline Road and South
Padre Island Drive, from the owners, Robert C. Shih and wife, Yalee Shih, to construct street
and utility improvements as part of the Intersections Approach Improvements Project, and
for other municipal purposes.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
21.a. M2003-016
Motion authorizing the City Manager or his designee to execute Attachment No. 01 to renew
Contract No. 7460005741-2004 with the Texas Department of Health in the amount of
$87,979 for tuberculosis prevention and control and expanded outreach services from
01/01/03 to 12/31/03.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
21.b. ORDINANCE NO. 025157
Ordinance appropriating a grant from the Texas Department of Health in the amount of
$87,979 for tuberculosis prevention and control and expanded outreach services into the No.
1050 Federal/State Grants Fund - Health Department.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
23.a. RESOLUTION NO. 025159
Resolution authorizing the submission ofa grant application in the amount of $60,638 to the
State of Texas, Office of the Governor, Criminal Justice Division for fourth year funding of
the computer forensics specialist grant of the Police Department and to execute all related
documents.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Minutes - Regular Council Meeting
January 14, 2003 - Page 6
23.b. RESOLUTION NO. 025160
Resolution authorizing the submission ofa grant application in the amount of$60,427 to the
State of Texas, Office of the Governor, Criminal Justice Division for first year funding for
the crime scene technician grant of the Police Department and to execute all related
documents.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
23.c. RESOLUTION NO. 025161
Resolution setting a priority number of one for the Computer Forensics Specialist and a
priority number of two for the Crime Scene Technician grant.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
24. RESOLUTION NO. 025162
Resolution authorizing the City Manager or his designee to execute an Interlocal
Cooperation Agreement entitled "Master Agreement for Mutual Aid Coastal Bend Council
of Governments."
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
25. RESOLUTION NO. 025163
Resolution authorizing the City Manager or his designee to execute an Interlocal
Cooperation Agreement with Tuloso-Midway Independent School District for the
construction and operation of two playgrounds.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
26.a. M2003-017
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$16,353 and to execute a contract and all related documents with the Texas State Library and
Archives Commission for a Lone Star Libraries grant. Funds will be used to inventory and
organize early Corpus Christi documents in the Local History Department of the Corpus
Christi Public Libraries.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Minutes - Regular Council Meeting
January 14, 2003 - Page 7
26.b. ORDINANCE NO. 025164
Ordinance appropriating a $16,353 Lone Star Libraries grant from the Texas State Library
and Archives Commission in the No. 1050 Federal/State Grants Fund for the Local History
Department of the Corpus Christi Public Libraries.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
27. ORDINANCE NO. 025165
Ordinance appropriating $14,426.70 from Bituminous Insurance Company in the No. 1020
General Fund for mitigating repairs and replacement flooring at the Janet F. Harte Public
Library; amending Ordinance No. 024974 which adopted the FY2002-2003 Operating
Budget by increasing appropriations by $14,426.70.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
28.a. M2003-018
Motion authorizing the City Manager or his designee to execute an amendment to the
passenger facility charge (PFC) application submitted August 29, 2002, increasing the PFC
collection level from $3.00 to $4.50 beginning March I, 2003, increasing the allowable
collections by $2,278,707 to $43,362,585 and extending the collection period to Jan. 1, 2027.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining.
28.b. ORDINANCE NO. 025166
Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 9, Aviation,
Section 9-62 Passenger Facility Charge by extending the collection period from May 31,
1998 to January 1, 2027 and increasing the passenger facility charge from $3.00 to $4.50 per
enplaned passenger beginning March 1, 2003.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining.
29.a. RESOLUTION NO. 025167
Resolution authorizing the City Manager or his designee to execute a Memorandum of
Agreement between the United States Government and Corpus Christi International Airport
to provide law enforcement officers at security checkpoints at the Airport in consideration
of reimbursement or partial reimbursement; effective through December 1, 2003.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Minutes - Regular Council Meeting
January 14, 2003 - Page 8
Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining.
29.b. ORDINANCE NO. 025168
Ordinance appropriating $227,000 from the Transportation Security Administration into the
No. 4610 Airport Fund for providing law enforcement officers at security checkpoints;
amending Ordinance No. 024974 which adopted the FY2002-2003 Operating Budget by
increasing revenues by $250,000 and appropriations by $227,000.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining.
30. ORDINANCE NO. 025169
Ordinance authorizing the City Manager or his designee to execute Amendment No. 1 to the
lease agreement between the General Services Administration (GSA), acting for the
Transportation Security Administration, and the City of Corpus Christi by increasing their
current rentable office space of 6,710 square feet by 283 square feet for a total of leased
space to 6,993 square feet at the Corpus Christi International Airport.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 3, North Padre Island Development Corporation.
Mr. J.E. O'Brien, 4130 Pompano, said the original ordinance called for a 15 -member board
and it was amended to constitute nine members. He asked if the amendment eliminated the other
taxing entities from making appointments to the board. He also asked about the terms and the project
and financing plans.
Deputy City Manager Noe said he thought Mr. O'Brien was referring to the Reinvestment
Zone No. 2 board, which has 15 members. He said the North Padre Island Development Corporation
(NPIDC), which is a separate corporation recommended by bond counsel and the City Attorney, will
be the issuing agent pursuant to an interlocal agreement between this board, the Reinvestment Zone
No. 2 board, and the City of Corpus Christi. He said that originally the NPIDC board consisted of
five members who are city staff members. He said the City Attorney and bond counsel
recommended in December 2002 that the board be expanded to nine and be comprised of the City
Council members. He said if approved, this proposal will make those appointments.
Mr. Noe added that the Reinvestment Zone No. 2 board, which consists of some Council
members, will meet this month to consider a number of plans. City Manager Garcia pointed out that
the other taxing jurisdictions (Del Mar College, Port of Corpus Christi Authority and Nueces
County) are represented on that 15 -member board. City Secretary Chapa polled the Council for their
votes as follows:
Minutes - Regular Council Meeting
January 14, 2003 - Page 9
M2003-001
Motion appointing the Mayor and City Council to serve as the Board of the North Padre
Island Development Corporation.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 10, traffic signal construction agreement. Council
Member Kinnison said that according to the support material, the contractor will have a year to
complete this project and he asked if that time line can be accelerated. Mr. Angel Escobar, Director
of Engineering Services, said that one of the critical items is the delivery of the equipment and staff
will be working with the contractor to expedite that. He added that the on-site work such as the
foundations will commence immediately.
Council Member Noyola asked about the installation of the traffic signal at the intersection
of Old Brownsville Road and Cliff Maus. Mr. Escobar said it will probably occur in early to mid-
summer. City Secretary Chapa polled the Council for their votes as follows:
10. M2003-008
Motion authorizing the City Manager or his designee to execute a signal construction supply
contract with Star Operations Inc., of Corpus Christi, Texas, in the amount of $389,957.50
for a Traffic Signal Construction Agreement for various new locations, Phase 2.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 14, construction management services for the 2003
capital budget. Council Member Kelly asked how the Anderson Group was selected. Mr. Escobar
said it is the same firm that assisted with the airport project and will work on the convention center
and arena projects. He said this contract is for six months.
Mr. Kelly also asked about the feed back from the construction companies. Mr. Kevin
Stowers, Assistant Director of Engineering Services, said the contractors are satisfied with their
working relationship with the Anderson Group. City Manager Garcia noted that the project
manager's role is to inspect the contractors' work, keep them on task, and ensure that the project
meets the city's schedule and budget. Mr. Stowers said this company was selected through a
professional services selection process. He said the person who may represent the Anderson Group
is a licensed civil engineer and very experienced with private and public construction projects.
City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
January 14, 2003 - Page 10
14. M2003-012
Motion authorizing the City Manager or his designee to execute a construction management
services agreement with Anderson Group Construction Management Inc. of Corpus Christi,
Texas, in the amount of $72,800 for various capital improvement projects associated with
the 2003 Capital Budget.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 20, speed limit changes on Rand Morgan Road (FM
2292). Responding to Mr. Kelly, Mr. Escobar said the Texas Department of Transportation
(TXDOT) conducted a traffic engineering investigation to review the existing speed limit on Rand
Morgan south of Leopard Street as a result of the recent opening of the Tuloso-Midway Intermediate
School. He said TXDOT asked the city to amend the ordinance to make the lower travel speeds
enforceable; in addition, city staff have erected the necessary signage He added that TMISD
requested these speed limit changes. City Secretary Chapa polled the Council for their votes:
20. FIRST READING ORDINANCE
Ordinance amending the Code of Ordinances Section 53-254, Schedule V, Increase of State
Speed Limit in Certain Zones, by revising the speed limits on the following street section:
on Rand Morgan Road (F.M. 2292): revising the existing speed limits to the following: 55
mph to 45 mph from north right-of-way line of Leopard Street (State Highway 9) to 0.858
miles south of the north right-of-way line of Leopard Street; 45 mph to 30 mph school speed
zone when flashing for a distance of 1,584 feet from a point 314 feet north of the centerline
of OregonTrail to 340 feet south of the centerline of Goodnight Loving Trail; 55 mph from
0.858 miles south of the north right-of-way line of Leopard Street to Agnes Street (S.H. 44);
providing for penalties.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 22, traffic signal at McArdle Road and the Regional
Transportation Authority (RTA) transit station. Council Member Scott questioned the location of
the proposed signal and the statement regarding increased congestion in that section of McArdle
Road. Mr. Escobar said the light would be located on McArdle Road adjacent to the Dillard's
parking area.
City Manager Garcia said he met individually with several managers of stores in Padre
Staples Mall and they listed as their first priority a signal in the proposed location. He said they had
informed the mall management of the need for a signal there but the mall had not constructed one.
Council Member Garrett said that a double fatality occurred in that location.
Minutes - Regular Council Meeting
January 14, 2003 - Page 1 I
Responding to additional questions from Mr. Scott, Assistant City Manager Ron Massey said
this traffic signal is part of the RTA transfer station project, which will give pedestrians easy and
safe access and help traffic flow in the entire area. Mr. Escobar added that the existing bus stop on
southbound South Staples Street by the mall will be eliminated to allow for better right -turn
movement onto South Padre Island Drive. Council Member Colmenero asked if the new business
being built in that location will create additional congestion. Mr. Escobar said staff can provide
additional information. He added that the McArdle Road signals will be synchronized. City
Secretary Chapa polled the Council for their votes as follows:
22. RESOLUTION NO. 025158
Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement
with the Regional Transportation Authority pursuant to the Interlocal Cooperative Act to
provide for the procurement of fixed equipment and communications equipment for the
development of a new traffic signal on McArdle Street adjacent to the Regional
Transportation Authority's new Southside Transit Station.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal referred to Item 31 which was listed on the agenda as follows:
31. Case No. 1102-05, David W. & Elaine R. Hoffman: A change of zoning from a "R -1B" One -
family Dwelling District to a "RE" Residential Estate District on Flour Bluff and Encinal
Farm and Garden Tracts, Section 49, being 10 acres out of Lot 31, located on the north side
of Glenoak Drive, approximately 500 feet west of Retta Drive.
City Secretary Chapa said the Planning Commission and staff recommended approval of an
"RE" Residential Estate District. He added that this item was tabled on December 17, 2002, and the
applicants have requested that it be tabled for an additional 30 days. Mr. Michael Gunning, Planning
Director, said there were two major property owners who were opposed to the rezoning request. The
applicants met with the owners on the east side of the subject property and they are now in
agreement with the proposal. However, the other property constitutes 20% of the notification area
and that property owner is still opposed. The applicants are requesting additional time to meet with
that owner. Mr. Chesney made a motion to continue the tabling of this zoning case until February
18, 2003; seconded by Mr. Scott and passed.
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Minutes - Regular Council Meeting
January 14, 2003 - Page 12
Mayor Neal referred to Item 32, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
32. Case No. 1202-01, Bob R. Bridges: A change of zoning from a "A-1" Apartment House
District to a `B-1" Neighborhood Business District on Gateway Park, Block 8, Lots 5 and
6, located on the west side of Laguna Shores Road, approximately 200 feet north of
Knickerbocker Street.
City Secretary Chapa said the Planning Commission and staff recommended denial of the
"B-1" Neighborhood Business District. He said the ordinance in the agenda packet reflects the
applicant's rezoning request.
Mr. Gunning explained that the property is currently vacant and the applicant requested the
"B-1" in order to develop the two lots as a single lot for a barbecue and snow cone restaurant with
a drive-through window. He said he was informed before the Council meeting that the applicant has
changed his mind and no longer wants to pursue the barbecue restaurant because he feels there is
not a market for it; instead, he would like to develop the property with a small -engine repair facility.
Mr. Gunning said that use would not be allowed under the requested "B-1" zoning. Uses that are
allowed in that zoning district include retail stores, personal services, convenience stores, fuel sales
and other uses. He said the 20% rule is in effect on this zoning case.
Mr. Gunning went on to say that in the Flour Bluff Area Development Plan adopted in 1993,
the Council decided to limit the general commercial zoning along the South Padre Island Drive
(SPID) frontage as well as to accommodate the existing commercial areas that had developed. He
said the overall long-range plan for this area is for multi -family development to buffer the "B-3" and
"B-4" uses along SPID. He said staff believes—and the Planning Commission concurs—that if the
subject property is allowed to develop commercially, it will deter future multi -family development.
He added that this section of Laguna Shores is a collector street, is currently unimproved and has
drainage ditches on both sides.
Mr. Bob Bridges, 2401 Manitoba St., said he was requesting the "B-1" zoning because he
does not think it should be residential and there are already existing businesses around the subject
property as well as the Flour Bluff Volunteer Fire Department across the street. He said he does not
think his proposed business would generate excessive traffic but he would like to make enough
money to develop apartments on the six lots he owns on Nagel Street (Lots 25-30). Council Member
Scott asked about the zoning of those lots and Mr. Gunning said they could be developed with
single- or multi -family dwellings.
Mr. Longoria made a motion to close the public hearing, seconded by Mr. Noyola, and
passed. Responding to other questions from Mr. Scott, Mr. Gunning said that Lots 1-3 on Laguna
Shores Drive are zoned and developed single-family and the property owner is opposed to the
rezoning request. He said the buildings on Lots 7-9 are in disrepair and staff understands that the
owner intends to bring them up to code or demolish them. Mr. Gunning then showed slides of the
subject and adjacent properties.
In reply to Council Member Longoria, Mr. Gunning said there are no immediate plans to
improve Laguna Shores Road at this time. Mr. Scott (who represents that area) said he would not
Minutes - Regular Council Meeting
January 14, 2003 - Page 13
be inclined to support the "B-1" rezoning request. Mr. Chapa said the ordinance before the Council
is the applicant's request for `B-1." Mr. Scott made a motion to deny the `B-1" zoning, seconded
by Mr. Longoria.
Responding to Council Member Kinnison, Mr. Gunning said that when the Council denies
a zoning request, the applicant is prohibited from refiling the same application on any or part of the
land for a period of 12 months unless the City Manager refers a request to waive the prohibition. In
addition, an applicant cannot reapply to rezone a piece of property for a period of 12 months after
the Planning Commission has taken action.
Mr. Chapa polled the Council for their votes on the motion to deny the "B-1" zoning and it
passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott
voting "Aye."
DENIED
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Mayor Neal opened discussion on Item 33 regarding the 2003 City Council election. City
Secretary Chapa said the proposed ordinance needs to be amended to change the words in the
caption from "Nueces County" to "Nueces County Election Officer." In addition, he said the
background material indicates that two precincts (89 and 109) were combined; however, Precinct
89 instead needs to be combined with Precinct 70, both of which are in District 3. He said voting
will occur in Precinct 70 at Arrowsmith Apartments.
Mayor Neal asked how the Council can add other items to the ballot, such as charter
amendments. Mr. Chapa replied that the Council can amend this ordinance to include those items
by February 18, 2003. He added that Del Mar College has expressed interest in holding their bond
election in conjunction with the city's election. The Mayor also asked about the wording in Section
6 regarding early voting. Mr. Chapa said that by law early voting will start on Wednesday, March
19, 2003, and will be held Mondays through Fridays through April 1, 2003, at the main early voting
polling place at City Hall and at the five temporary branch polling places.
Responding to Council Member Kinnison, Mr. Chapa said that he can amend the submission
to the Justice Department if the Council votes to amend the ordinance to include other ballot items.
Mayor Neal said the newspaper stated that the last day to file for a place on the ballot is March 6,
2003. Mr. Chapa said that is incorrect—the last day to file is February 19, 2003. Council Member
Noyola asked about early voting on weekends. Mr. Chapa said that mobile voting sites will also be
available during the week and on weekends during the early voting period.
Council Member Scott asked about Del Mar's bond election. Mayor Neal said Del Mar's
attorneys are looking into the legalities of holding their election on April 5`h because it is not a
Minutes - Regular Council Meeting
January 14, 2003 - Page 14
uniform election date (although the state statute allows the City of Corpus Christi to hold their
election on the first Saturday in April in odd -numbered years). Mr. Chapa said that in the past they
have discussed the possibility of having the legislation changed to rejoin with other political
subdivisions to hold the city's election on a uniform election date.
Mayor Neal made a motion to amend Item 33 as stated by Mr. Chapa and the motion passed.
There were no comments from the audience. Mr. Chapa polled the Council for their votes as follows:
33. ORDINANCE NO. 025170
Ordinance ordering a general election to be held on April 5, 2003, in the City of Corpus
Christi for the election of Mayor and eight Council Members; providing for procedures for
holding such election; providing for notice of election and publication thereof; providing for
establishment of branch early polling places; designating polling place locations; authorizing
the City Secretary to contract with Nueces County Election Officer for equipment, supplies,
and printing necessary to conduct the election; enacting provisions incident and relating to
the subject and purpose of this ordinance.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
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Mayor Neal opened discussion on Item 34, fuel cost reconciliation. Mr. Reining explained
that the utility company sets a rate factor which is effective for 31/2 years and is their best estimate
of what the fuel rates will be for that period. He said at the end of that period there is a reconciliation
to determine if the actual fuel costs reflected the rate factor. He said since that is a long period of
time, it is normal for the cities to intervene to ensure that the submission by Central Power and Light
is accurate. There were no comments from the audience. City Secretary Chapa polled the Council
for their votes as follows:
34. RESOLUTION NO. 025171
Resolution authorizing intervention in Central Power and Light Company's request to
reconcile fuel costs incurred during the period July 1, 1998 - December 31, 2001, filed at the
Public Utility Commission of Texas and assigned Docket No. 27035; authorizing the joining
with other intervening cities to protect municipal and ratepayer interests; authorizing the
hiring of attorneys and consultants; and requiring reimbursement of the cities' ratemaking
costs.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
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Mayor Neal opened discussion on Item 35, Phases 2, 2a and 3 of the southside water
transmission main. There were no comments from the audience.
Minutes - Regular Council Meeting
January 14, 2003 - Page 15
Responding to Council Member Scott, Mr. Escobar said that on base bid "A" -segment A,
Berry Contracting bid $8.38 million compared to $6.8 million bid by Garrey Companies. He added
that the contract contains an incentive clause to expedite the construction, which he explained. Mr.
Ed Garafia, Water Superintendent, said this project will stabilize water pressure on the southside.
He said it is scheduled to be operational by December 31, 2003. Mayor Neal said this is another
example of how the city is improving its infrastructure. City Secretary Chapa polled the Council:
35. M2003-019
Motion authorizing the City Manager or his designee to execute a construction contract with
Garney Companies, Ltd., of Kansas City, Missouri, for a total fee not to exceed
$15,844,698.58 for the Southside Water Transmission Main, Phases 2, 2a and 3.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Council Member Noyola referred to the upcoming City Council election and asked why
Precincts 71 and 95 were not being combined. Mr. Chapa said if there are more than 3,000 registered
voters in each precinct, staff does not recommend combining precincts.
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Mayor Neal announced the executive sessions, which were listed on the agenda as follows:
36. Executive session pursuant to Texas Government Code Sections 551.071, 551.072, and
551.087 regarding acquisition and development of a site for a minor league baseball stadium
in the Arena/Convention Center/Port of Corpus Christi area, location of a professional
baseball franchise in the facility, and possible real estate agreements with the Port of Corpus
Christi Authority and RSR Sports implementing the stadium, with possible discussion and
action related thereto in open session.
37. Executive session pursuant to Texas Government Code Section 551.071 regarding Corpus
Christi's Sexually Oriented Business Ordinance, with possible discussion and action related
thereto in open session.
38. Executive session pursuant to Texas Government Code Section 551.071 regarding United
States of America v. The City of Corpus Christi, No. C-03-015, United States District Court
for the Southern District of 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 and passed as follows:
38. M2003-020
Motion authorizing the City Manager to execute a legal services agreement with the Law
Offices of Kerry Russell, P.C., to represent the city in United States of America v. City of
Corpus Christi, before the United States District Court, Southern District of Texas, involving
the tire fire at the J.C. Elliott Landfill, at an hourly rate of $190.00 plus expenses, subject to
certification of funds.
Minutes - Regular Council Meeting
January 14, 2003 - Page 16
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
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Mayor Neal called for the City Manager's report. Mr. Garcia announced the joint meeting
with the Nueces County Commissioners Court on January 16, 2003 at the Museum of Science and
History. He also discussed items scheduled for the January 21, 2003 Council meeting. Mayor Neal
called for Council concerns and reports.
Mr. Noyola said his father passed away on January 5, 2003 and he thanked everyone for their
prayers and support. He added that he is getting married on January 18`s, which is what his father
would have wanted.
Mr. Chesney said the Friends of the Park elected a board and are proceeding with their plans.
He said the District 2 town hall meeting has been rescheduled for February 10, 2003 and he
requested an update on the fire station on the island. Mr. Escobar said the bonding company has
taken over and will rebid the project. Mr. Chesney asked about the grant money for Packery
Channel. Mr. Garcia said they anticipate working within the time lines in order to spend the grant.
Mr. Chesney expressed his sympathies to the Goldston family.
Mr. Garrett said he received complaints about debris blocking a stormwater drain in the 6000
block of Hugo and he also asked about the stormwater repairs on Mesquite Street. Mr. Escobar said
the repairs have been completed and the road surface restored. He said that on January 28th Shiner,
Moseley will present the results of a study of that stormwater project. Mr. Garrett complimented
staff for the repairs on Wooldridge Road and he said staff needs to ensure that city employees' voice
mail is deactivated when they leave employment.
Mr. Scott asked about the Padre Island/Mustang Island Area Development Plan. Mr.
Gunning said it is basically the same as last year with some revised schedules. Mr. Scott asked the
Mayor if he can express his concerns about the Waldron sports complex to Congressman Solomon
Ortiz and he announced a town hall meeting that he and Commissioner Chuck Cazalas will hold on
January 27th at Windsor Park Elementary. Mr. Scott also asked about the status of the One -Stop
Development Center. Assistant City Manager Margie Rose said there has been a 30- to 45 -day delay
due to asbestos mitigation; in the meantime, staff is developing the business plan. Mr. Scott asked
when the Council will discuss the Landry's proposal and Mr. Garcia said it should be scheduled for
the third meeting in February. Mr. Scott also asked about the possibilities of recycling trash from
the arena and convention center projects. Mr. Garcia said staff can look into it.
Mr. Kelly referred to a letter dated January 13`" concerning a pit bull dog on the 2400 block
of Violet Avenue. Mr. Reining said that according to the Code of Ordinances, one of the grounds
for impoundment is if an animal bites, scratches or otherwise attacks another animal or person
within the city. Mr. Kelly said the animal in question has been unrestrained and has caused many
problems. He also referred to a citizen's letter regarding several code enforcement issues and he
requested an update on County Road 52. Mr. Escobar said staff continues to work on the right-of-
way acquisition.
Minutes - Regular Council Meeting
January 14, 2003 - Page 17
Mr. Colmenero said he also has received complaints about a dog attack around Chamberlain
Street and problems of underage drinking around Holy Family Church. He also said he has received
reports about gang activity and prostitution in the area of Corpus Christi Beach and speeding on
Brawner Parkway. He commented on faulty asphalt at the Port Ayers RTA bus terminal and Mr.
Escobar said staff is working with RTA representatives to address it. Mr. Colmenero said there are
problems with high weeds and residences that are being used as warehouses.
Responding to Mayor Neal, Mr. Gunning said that improvements were supposed to have
been made at the Taylor Center by July 20, 2002, in conjunction with a zoning change. He said a
letter is being prepared to inform the property owner that he is not in compliance. The Mayor also
asked about the planned improvements at Airheart Point. Mr. Gunning said that Dr. Mintz has been
asked to not move forward until the city completes the drainage and walkway improvements there.
Mayor Neal said there needs to be a way to quickly take action on such issues when the deadlines
pass. He also asked about the stormwater recommendations and Mr. Escobar said staff will present
them on January 281h. The Mayor called for petitions from the audience.
Mr. Gerald Benadum urged the Council to review the section of the code that will require
relocation of adult lounges into "I-3" zoning. He said they should place the issue on the Council's
agenda for open discussion and action.
Ms. Sue McClurg, 3718 Laguna Shores, said that on January 10`h she and other residents
filed a petition with over 1,000 signatures to stop the removal of the bridge on Laguna Shores Road.
She said they were not informed that the plan is to replace the bridge with an open channel. Mr.
Escobar said staff has forwarded the petition to the consultant who is studying the issue. He said the
Traffic Advisory Committee will discuss it on January 27, 2003 and their recommendation will be
brought to the Council in February.
Mr. Joe Benavides, 2421 Cleo, said he is a member of Leadership Corpus Christi Class
XXXI and he complimented the Council for their efforts.
Mr. Jack Gordy, 4118 Bray, said that when the landfill tire fire occurred in August 1999, he
told the Council to get a copy of the letter from the EPA and a copy of the photograph sent to the
City Manager prior to the fire erupting. He said the fire could have been avoided. He also referred
to erroneous charges for police reports and enforcement of political sign regulations.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 4:47 p.m. on January 14, 2003.
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