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HomeMy WebLinkAboutMinutes City Council - 08/19/2003I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Christi City Council of August 19, 2003, which were approved by the City Council on August 26, 2003. WITNESSETH MY HAND AND SEAL, this 26th day of August 2003. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 19, 2003 - 1:58 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Melody Cooper Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Rex A. Kinnison Jesse Noyola Mark Scott ABSENT Bill Kelly City Staff: City Manager George K. Noe Acting City Attorney R. Jay Reining City Secretary Armando Chapa Recording Secretary Rebecca Huerta Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Steve Harwick and the Pledge of Allegiance to the United States flag was led by Council Member . 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 July 22, 2003. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal referred to Item 2 and the following board appointments were made: Building Code Board of Appeals Johnny Cotten (reappointed) Philip Skrobarczyck (reappointed) Community Youth Development (78415) Program Steering Committee Andrea Walter (reappointed) Lynda Jean Richter (appointed) Michelle Thomas (appointed) Park and Recreation Advisory Committee Anne Baker (reappointed) Gloria C. Aguilar (reappointed) Clifford E. Bost (reappointed) Gregory T. Perkes (reappointed) Megan Welch (appointed) Karen Woodard (appointed) Minutes - Regular Council Meeting August 19, 2003 - Page 2 * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 3-24). City Secretary Chapa noted that Items 8a and 8b were being withdrawn. He also stated that Council Member Noyola would be abstaining from tie discussion and vote on Items 10, 11, 12, 13 and 14 and that Council Member Scott would be abstaining from the discussion and vote on Item 12. Council members requested that Items 7, 9, 15, 17 and 19 be discussed. There were no comments from the audience. A motion was made and passed to approve Items 3 through 24, constituting the consent agenda, except for Items 7, 9, 15 and 19, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes and the following motions passed by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. (NOTE: Noyola abstained on Items 10, 11, 12, 13 and 14; Scott abstained on Item 12) 3. MOTION NO. 2003-269 Motion approving a supply agreement with Jones & Cook Stationers, Corpus Christi, Texas for office supplies, copy paper, office furniture, ribbons, toner and supplies, copier equipment and accessories, computer equipment accessories and office machines/equipment in accordance with Bid Invitation No. BI -0109-03 based on best value for an estimated three- year expenditure of $2,880,258. The term of the contract will be for three years, subject to annual appropriation with an option to extend for up to two additional years, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the using departments in FY 2003-2004 and will be requested for all subsequent years. 4. MOTION NO. 2003-270 Motion authorizing the City Manager or his designee to execute a deferment agreement that would allow the Director of Engineering Services/City Engineer to approve the final plat for filing for Driscoll Children's Hospital Urgent Care -Simpson Drive in advance of completion of seventy-five percent (75%) of the required public improvements by the developer, upon developer posting a cash bond or equally liquid negotiable security with the City in the amount of 110% of the cost of the project; as authorized by Section V, Paragraph A, subparagraph 3.b(3) of the Platting Ordinance. 5.a. ORDINANCE NO. 025407 Ordinance appropriating $73,471.60 in unappropriated interest earnings from Water Capital Improvement Program Fund No. 4081; for the North Navigation Boulevard Pumping Plant Contract No. 3 regarding a 36" diameter water transmission main; amending the FY 2002- 2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $73,471.60. 5.b. MOTION NO. 2003-271 Motion authorizing the City Manager or his designee to execute a Change Order No. 1 with Jalco, Inc. of Houston, Texas in the amount of $73,471.60 for the North Navigation Minutes - Regular Council Meeting August 19, 2003 - Page 3 Boulevard Pumping Plant Contract No. 3 regarding a 36" diameter water transmission main. (North Navigation Boulevard Pumping Plant to Caldwell Street Pumping Plant.) 6.a. ORDINANCE NO. 025408 Ordinance appropriating $122,222.85 from the unappropriated interest earnings and $30,157 from unappropriated miscellaneous revenues from Wastewater Capital Improvement Program Fund No. 3430; and appropriating in Wastewater Capital Improvement Program Fund No. 3430; appropriating $46,400.15 from the unappropriated interest earnings from Wastewater 2002 Capital Improvement Program Fund No. 4244; and appropriating in Wastewater 2002 Capital Improvement Program Fund No. 4244 for the Oso Water Reclamation Plant Effluent Re -Use Pump Station; amending the FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $198,780. 6.b. MOTION NO. 2003-272 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Engineering Services Contract with Urban Engineering of Corpus Christi, Texas in the amount of $198,780 for a total re -stated fee of $222,630 for the Oso Water Reclamation Plant Effluent Re -use Pump Station. 8.a. Ri.sulution dctcuA.ning ILC nG.,Gn51ty ,lupi Ove.nciit OI ILC Iu11Ow111g cditcr1 auean to Cd11LLean, spcc,ty ulg that cc, tMA Ot tLGSC 1A.1,nJ0 G, tirely-tri WITHDRAWN 8.b. Rcs.,lutionaOprvvtug p L, Cuipua Clu.ntl, Nuwca Cvwlty, lbnan. Laguna Slivi.. ibbcd.l ug Sc. v.Gw Pl Ojcct Coimtr ction COSI stimate inelading an estllttatc of the poi tion of %-ontn to be paid Ly the Cily a11d tLc pvit1v11 eG1t.GaL011s lot intpiO%a,uieuta tO Lha, Ivlluwu16 lu6 • iauca„ W , app. Ov'mg the D;,cI,te, of E„g:.,cc.; to tic pa.a t,y L du.:11g S,.NtC.,.bc. 30, 2003 C.ty Cvunc.l McdLng, d.tcctlag tI a C1ty Sccrotary to arrdugc to Inv tice of t11in puLln l 1/4, 6, a i VII C11116 the LI \A.,tul of 1;116iu1/44.,...6 Se. viw ^to i pion 1/4, wiittu. uOtiGv. of tl... publc 11calulg to prOpc.ty Ow11C1s. WITHDRAWN sating a p Lhc Lccuing Lill tl.csc piOpv 10. MOTION NO. 2003-274 Motion authorizing the City Manager or his designee to execute Amendment No. 11 to the Engineering Services Contract with RVE, Inc. of Corpus Christi, Texas in the amount of $39,400 for the Corpus Christi International Airport Entrance Roadway Overlay Project. 11. MOTION NO. 2003-275 Minutes - Regular Council Meeting August 19, 2003 - Page 4 Motion authorizing the City Manager or his designee to execute Amendment No. 5 to the Engineering Services Contract with Anderson Group Construction Management, Inc. of Corpus Christi, Texas in an amount not to exceed $138,100 to assume project management duties for the Corpus Christi Intemational Airport Terminal Project through December 2003. 12. MOTION NO. 2003-276 Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Berry Contracting, Inc. of Corpus Christi, Texas in the amount of $59,200 plus $1,100 in closing costs for the purchase of fee simple property rights for Parcel 8E, being 15.849 acres out of Abstract No. 986, John H. Gallagher Land, located south of the Corpus Christi International Airport (CCIA) between County Roads 2292 and 763 in connection with the Corpus Christi International Airport Expansion Project, and for other municipal purposes. 13.a. RESOLUTION NO. 025411 Resolution authorizing the City Manager or his designee to accept Federal Aviation Administration Entitlement Grant No. 3-48-0051-035-2003 for the amount of $1,538,373 for terminal improvements and rehabilitation of Runway 13-31. 13.b. ORDINANCE NO. 025412 Ordinance appropriating $1,538,373 from the Federal Aviation Administration Entitlement Grant No. 3-48-0051-035-2003 into Airport Capital Improvement Program Fund 3020 for terminal improvements and rehabilitation of Runway 13-31; amending FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $1,538,373. 14.a. RESOLUTION NO. 025413 Resolution authorizing the City Manager or his designee to accept Federal Aviation Administration Entitlement Grant No. 3-48-0051-034-02 for the amount of $1,538,373 for Terminal Improvements, Phase II and Airport Drainage, Phase III. 14.b. ORDINANCE NO. 025414 Ordinance appropriating $1,538,373 from the Federal Aviation Administration Entitlement Grant No. 3-48-0051-034-02 into Airport Capital Improvement Program Fund No. 3020 for Terminal Improvements, Phase II and Airport Drainage, Phase III; amending FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $1,538,373. 16.a. RESOLUTION NO. 025416 Resolution amending Resolution No. 025124 which authorized submission of grant application to the State of Texas, Criminal Justice Division, for funding eligible under the FY 2002 Juvenile Accountability Incentive Block Grant Program to fund a program to reduce juvenile delinquency, improve the Juvenile Justice System and increase the accountability for juvenile offenders; and accepting a grant of $131,018. Minutes - Regular Council Meeting August 19, 2003 - Page 5 16.b. ORDINANCE NO. 025417 Ordinance appropriating $131,018 grant from the State of Texas, Criminal Justice Division Office of the Governor, in the No. 1061 Police Grant Fund; transferring $13,103 from No. 1020 General Fund and appropriating it in the No. 1061 Police Grant Fund as matching grant funds to continue to operate a Juvenile Court within Municipal Court. 18.a. MOTION NO. 2003-277 Motion authorizing the City Manager or his designee to accept a grant in the amount of $41,404 from the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) Fund and to execute all related documents. 18.b. ORDINANCE NO. 025419 Ordinance appropriating $41,404 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Funds for funding available under the Victims of Crime Act (VOCA) Fund. 20. MOTION NO. 2003-278 Motion authorizing the City Manager or his designee to execute the annual software/hardware maintenance renewal with Kronos, Inc. of Chelmsford, Maryland in an amount not to exceed $43,875.37 for software and hardware replacement support. 21. MOTION NO. 2003-279 Motion authorizing the appointment of Sheila Rogers to an Arts and Cultural Commission ad hoc peer panel consisting of arts professionals and community peers to make a recommendation for Airport "Percent for Art" Project. 22. RESOLUTION NO. 025423 Resolution approving the amendment of Appendix A, Regional Health Awareness Board, to the Interlocal Agreement to Promote Community Dialogue on Regional Health Awareness with Nueces and San Patricia Counties relating to the coordination between the Regional Health Awareness Board and other City and County boards, commissions and advisory committees. 23. FIRST READING ORDINANCE Amending a five-year lease with Bayfest, Inc. approved by Ordinance No. 023972 to conduct a festival and related activities on the sidewalks, medians and seawall along Shoreline Boulevard from Interstate Highway 37 to the convention center complex, the barge dock and adjacent bay waters and the vacant city block bounded by Resaca, Fitzgerald, Chaparral and Water Streets (premises) and to revise dates for years 2003 and 2004. Minutes - Regular Council Meeting August 19, 2003 - Page 6 24. ORDINANCE NO. 025424 Second Reading Ordinance - Amending the platting ordinance by renaming the Sanitary Sewer Trunk Line Trust Fund to the Sanitary Sewer Trunk System Trust Fund and authorizing the use of the Sanitary Sewer Trunk System Trust Fund for the installation of trunk force mains and lift stations by adding the Storm Water Collection Sewer Trust Fund and by revising the procedures for obtaining reimbursements to developers from all of the Infrastructure Trust Funds; and providing for an effective date. (First Reading - 7/22/03) Mayor Neal opened discussion on Item 7 regarding convention center flood damage repairs. Council Member Colmenero asked what impact these repairs would have on the convention center expansion. Mr. Kevin Stowers, Assistant Director of Engineering, replied that it would have no impact on the expansion. He said that staff was adding the change order onto the expansion contract to expedite the repairs. In addition, Mr. Stowers stated that it would bring that portion of the facility up to a higher standard so that it was compatible with the quality of the new expansion. City Secretary Chapa declared an emergency and polled the Council for their votes. The following ordinance passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 7.a. ORDINANCE NO. 025409 Ordinance appropriating a $107,252.19 insurance settlement in the Visitors Facility Fund No. 4710 for Convention Center Flood Damage Repairs; amending the FY 2003-2004 Operating Budget adopted in Ordinance No. 025394 by increasing appropriations by $107,252.19. 7.b. MOTION NO. 2003-273 Motion authorizing the City Manager or his designee to execute Change Order No. 3 with Moorhouse/Beecroft, Joint Venture, LLC of Corpus Christi, Texas in the amount of $126,892 for flood damage repairs to existing convention center doors, frames and elevators. Mayor Neal opened discussion on Item 9 regarding the Rincon Bayou Diversion Pipeline. Mayor Neal asked staff to elaborate on this item. Mr. Kevin Stowers, Assistant Director of Engineering, stated that some easements needed to be acquired to construct the pipeline. He said that this would allow the city to allow for beneficial impacts in terms of fresh water releases. Assistant City Manager Massey added that Dr. Gulley was asking for a high price for the parcel, and said that staff has been unable to reach a more reasonable settlement with him despite their repeated efforts. Mayor Neal asked if this was the only parcel that the city has not acquired. Assistant City Manager Massey answered affirmatively. Mayor Neal asked what the process would be now and how long would it take to complete. City Engineer Angel Escobar replied that this item was the first step in the process. He said that once the city made Dr. Gulley a formal offer and he rejected it, then the Legal Department would begin condemnation proceedings. Acting City Attorney Reining said that the entire process would take approximately three months. Mayor Neal said that he hoped these proceedings would not delay the project until next summer. Assistant City Manager Massey replied that staff had already asked for another extension from the Texas Commission on Environmental Quality (TCEQ). Mayor Neal asked that staff keep the Council informed on the status of this Minutes - Regular Council Meeting August 19, 2003 - Page 7 project. Council Member Kinnison asked for the difference in price between what the city could pay and what the landowner was asking for. Assistant City Manager Massey answered that the landowner was asking for a price over $1 million. City Secretary Chapa polled the Council for their votes, and the following resolution passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 9. RESOLUTION NO. 025410 Resolution recognizing the public necessity of acquiring waterline, surface site, access and construction easements for the Rincon Bayou Diversion Pipeline, Project No. 8416 for a water pipeline and pumping station in connection with the project; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring the necessary easements. Mayor Neal opened discussion on Item 15 regarding beach cleaning on North Padre and Mustang Islands. Mayor Neal asked if the city had reduced the amount of money or number of people dedicated to beach cleaning. Mr. David Ondrias, Acting Director of Park and Recreation, replied that these numbers had remained the same, and that staff was still working hard on beach cleaning. Mayor Neal replied that he had received more complaints about the overall condition of the Gulf beaches in the last 60 days than he had in the last year. Mr. Ondrias stated that staff was aware of some of these complaints and had recently had a meeting with a number of property owners and managers at Mustang Island to discuss them. City Manager Noe added that many of the complaints received this year focused around a number of condominium projects towards the north end of the island, near Port Aransas. He said that staff met with these property owners to open a dialogue with them to address the problem. City Manager Noe noted that part of the challenge was that there are a number of governmental entities that maintain sections of the beach. He said that when an individual lodged a complaint about the condition of a beach, it was important to determine which beach they had visited because it would determine the jurisdiction. He stated that staff was trying to outreach to the areas where staff had received the complaints to facilitate communication and reduce the complaints. Mayor Neal stated that many of the complaints he was receiving were from visitors to the area, not necessarily from condoininium owners, in particular the area near Packery Channel. Council Member Scott interjected that he had received a complaint about glass on the beach near Packery Channel, and asked why the city was not enforcing fines for littering. City Manager Noe commented that staff has not done anything differently in terms of maintenance, but he would see if there were ways to enhance what staff was already doing. He and Mr. Ondrias added that staff was also looking at ways to enhance enforcement without relying on police officers, who had other priorities. Council Member Noyola commented that he had received a complaint from a woman at the Packery Channel groundbreaking ceremony who said that there were not enough trash cans available. City Secretary Chapa polled the Council for their votes, and the following ordinance passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 15. RESOLUTION NO. 025415 Resolution authorizing the City Manager or his designee to execute all necessary documents Minutes - Regular Council Meeting August 19, 2003 - Page 8 for continued financial assistance for beach cleaning and maintenance on North Padre and Mustang Islands during FY 2003-2004 under the Texas General Land Office's Cleaning and Maintenance Assistance Program Mayor Neal opened discussion on Item 17 regarding the Municipal Court collection fee. Mayor Neal asked for more infornjation on this new collection fee and how the public would be informed about it. Municipal Count Judge Rodolfo Tamez replied that the Texas Legislature had made amendments to the collections bill, allowing a municipality to add an additional collection fee in the amount of 30% on each debt or account receivable that was more than sixty (60) days due. He said that staff would refer the delinquent accounts to a collections company. He stated that the individual would be notified by letter and given the option to make a plea of Not Guilty or to plea Guilty/No Contest and pay the bill, including the additional 30% fee. He added that if the individual pleaded Not Guilty and won, then they would not have to pay any fees. He said that if the individual pleaded Not Guilty and lost, then they would have to pay the fine adding the 30% collection fee. Mayor Neal asked to whom the 30% fee would go. Judge Tamez replied that the 30% would go to the collections company. Mayor Neal asked when the effective date for this bill was. Judge Tamez answered that the effective date was June 18. Council Member Cooper commented that this was an excellent tool to compel individuals who have evaded the law to come into court. City Secretary Chapa polled the Council for their votes, and the following ordinance passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 17. ORDINANCE NO. 02541 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 29 regarding Municipal Court collection fee; and providing for penalties. Mayor Neal opened discussion on Item 19 regarding the Pre -Disaster Mitigation Program. Assistant City Manager Massey reviewed that the city had partnered with the county and submitted a request for a Mitigation Planning Grant, which was subsequently approved. He said that staff had contacted other political entities and had given them the opportunity to participate in the planning. He stated that the city now qualified for additional funding to support the planning effort since other entities were involved. He said that this item was merely an expansion of the grant. He said that the grant dollars would go toward a consultant to assist the city to put together a pre -disaster mitigation plan that would eventually become a part of a regional mitigation plan. Mayor Neal asked if once the city had adopted this pre -disaster mitigation plan and then opened the Emergency Operations Center (EOC) for a disaster, would the city be ineligible for FEMA funding if they failed to follow this plan. Assistant City Manager Massey replied that on the contrary, it would benefit the city because the FEMA cost share on some of the repair efforts would actually be higher if the city had a pre -disaster mitigation plan in place. Mayor Neal replied that in other words, this was a vulnerability assessment. Mr. Massey answered affirmatively. Council Member Colmenero remarked that he was curious to see what suggestions staff would have regarding the drainage problem in the downtown area. Assistant City Manager Massey replied that one of the projects that had been identified was to upgrade the pumps and engines in the Minutes - Regular Council Meeting August 19, 2003 - Page 9 downtown area, because the potential result would be a reduction in the frequency of flooding. City Secretary Chapa polled the Council for their votes, and the following resolution passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, and Scott, voting "Aye"; Kelly and Noyola were absent. 19.a. RESOLUTION NO. 025420 Resolution authorizing the City Manager or his designee to accept a grant from the Texas Department of Public Safety Division of Emergency Management under the FY 2002 Pre - Disaster Mitigation Program in the amount of $40,000 for development of a pre -disaster mitigation action plan with an in- kind city match of $13,333 and a total project costs of $53,333. 19.b. ORDINANCE NO. 025421 Ordinance appropriating $40,000 from the Texas Department of Public Safety Division of Emergency Management under the FY -2002 Pre -Disaster Mitigation Program in the No. 1063 Emergency Management Grants Fund for development of a Pre -Disaster Mitigation Action Plan. 19.c. RESOLUTION NO. 025422 Resolution authorizing the City Manager or his designee to execute Coastal Bend Mitigation Action Plan Interlocal Cooperation Agreement. * * * * * * * * * * * * * Mayor Neal deviated from the agenda and opened discussion on Item 39 on the regular agenda regarding the Mexican Matricula Consular Card. Assistant City Manager Jorge Cruz-Aedo explained that the Mexican government had identified a need to issue personal identification cards, known as Matricula Consulars, to Mexican Nationals residing in foreign countries. He said that receive the identification cards, the person must personally submit a birth certificate, valid passport or other official form of identification to verify their identity. He stated that the Matricula was widely accepted by over 800 local law enforcement agencies and 74 national banks. In Texas, he said that 17 cities are now acception the Matricula Consular card. Assistant City Manager Cruz- Aedo emphasized that the card does not imply or convey legal status in the United States. He said that it was strictly a personal identification card issued by the Mexican government to Mexican Nationals residing in foreign countries. Mr. Cruz-Aedo stated that the passage of this resolution would allow the city to accept the Matricula Consular as a valid form of identification for city services, and would encourage others to do the same. He noted that the cards had proven to be beneficial to Mexican Nationals living in the United States regardless of their legal or illegal status. He said that the cards had allowed Mexican Nationals access to the U.S. Banking System. Mayor Neal asked the Mexican Consul General Carlos Vidaurri from San Antonio, TX if he would like to comment. Mr. Vidale said that the card was like a "mini -passport", allowing Mexican Minutes - Regular Council Meeting August 19, 2003 - Page 10 Nationals to go back and forth between countries. He assured the Council that the Mexican government had incorporated 13 high -security elements in issuing the Matriculas, making them a valid and very secure form of identification. He also said that the cards were useful to the Mexican government because they allowed the government to know how many Mexicans were in the United States and where they were residing. He emphasized that the cards were available to Mexican citizens at a lower cost ($28) than obtaining a passport ($89). Mayor Neal asked for public comment. Mr. John Reese, 1810 Santa Fe, asked if a person with the Matricula Consular card would be able to obtain a Texas Drivers License with proof of insurance. Assistant City Manager Cruz-Aedo replied that the Texas Department of Public Safety does not accept the Matricula Consular as valid identification to obtain a drivers license at this time. Dr. Maria Luisa Garza spoke in support of the Matricula Consular. Senator Carlos Truan also spoke in support of the Matricula Consular. Council Member Noyola and Council Member Colmenero spoke in support of the Matricula Consular. City Secretary Chapa polled the Council for their votes, and the following resolution passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 39. RESOLUTION NO. 025432 Resolution recognizing the Mexican Matricula Consular Card as a form of photographic identification. Mayor Neal deviated from the agenda to allow Council Member Chesney to make a motion to reconsider Motion No. 2003-264, approved on July 22, 2003, authorizing a two-year contract with two one-year renewal options between the City of Corpus Christi, Texas and Concentra Medical Center to provide occupational health services. Council Member Scott seconded the motion. City Secretary noted that this motion would need to be approved by two-thirds of the Council, or six members. City Secretary Chapa polled the Council for their votes, and the motion passed with the following vote: Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal and Kinnison, voting "No"; Kelly was absent. Council Member Chesney made another motion to schedule the item for the August 26 Council meeting to allow for more public dialogue. Council Member Scott seconded the motion, and the motion passed 7-1, with Mayor Neal casting the sole dissenting vote and Mr. Kelly was absent. * * * * * * * * * * * * * Mayor Neal referred to Item 25 regarding the ad valorem tax rate, and a motion was made, seconded and passed to open the public hearing on the following: 25.a. Public Hearing on the ad valorem tax rate. City Manager Noe said that staff's recommendation was to reschedule the item to comply fully with the requirements of the Truth in Taxation Law, the public hearing would actually need to be held at next week's meeting on August 26 and the vote taken on Sept. 9. There was no public comment. Council Member Chesney made a motion to close the public hearing, seconded by Minutes - Regular Council Meeting August 19, 2003 - Page 11 Council Member Cooper. The motion passed unanimously. City Secretary Chapa polled the Council for their votes, and the following motions passed with the following vote: Neal, Chesney, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Colmenero and Kelly were absent. 25.b. MOTION NO. 2003-280 Motion amending Motion No. 2003-267 rescheduling the date of the adoption of the ad valorem tax rate of $0.644175 per $100 valuation from August 26, 2003 to September 9, 2003. 25.c. MOTION NO. 2003-281 Motion amending Motion No. 2003-268 rescheduling the public hearing on the ad valorem tax rate from August 19, 2003 to August 26, 2003 during the regular City Council Meeting beginning at 2:00 p.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. Mayor Neal referred to Item 26 regarding a street right-of-way, and a motion was made, seconded and passed to open the public hearing on the following item: 26.a. Public hearing to consider vacating and abandoning a 1.314 acres tract of land of a dedicated 40 -foot wide undeveloped public street right-of-way out of Lots 14,15,16,17,18, & 19, Section 22, Flour Bluff and Encinal Farm and Garden Tracts. Assistant City Manager Margie Rose explained that the city had received a request from a developer interested in vacating and abandoning this particular property in anticipation of the future development of King's Garden Subdivision. City Engineer Escobar added that this was an existing right-of-way and the closure would allow the developer to develop the subdivision. There was no public comment. A motion was made, seconded and passed to close the public hearing. City Secretary Chapa polled the Council for their votes, and the following ordinance passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Noyola and Scott, voting "Aye"; Kinnison and Kelly were absent. 26.b. ORDINANCE NO. 025425 Ordinance vacating and abandoning a 1.314 acres tract of land of a dedicated 40 -foot wide undeveloped public street right-of-way out of Lots 14,15,16,17,18 & 19, Section 22, Flour Bluff and Encinal Farm and Garden Tracts; subject to compliance with the specified conditions and the owner replatting the property within 180 days at its expense. Mayor Neal referred to Iteim 27, and a motion was made, seconded and passed to open the public hearing on the following: 27.a. Public hearing to consider vacating and abandoning a 34,404.18 -square foot portion of a dedicated 60 -foot wide undeveloped right -turn public right-of-way between Blocks B and C, Island Business Center, Unit 1. There was no public comment. Council Member Cooper made a motion to close the public Minutes - Regular Council Meeting August 19, 2003 - Page 12 hearing, seconded by Council Member Scott. The motion passed unanimously. City Secretary Chapa polled the Council for their votes, and the following ordinance passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Noyola and Scott, voting "Aye"; Kelly and Kinnison were absent. 27.b. ORDINANCE NO. 025426 Ordinance vacating and abandoning a 34,404.18 -square foot portion of a dedicated 60 -foot wide undeveloped right -turn public right-of-way between Blocks B and C, Island Business Center, Unit 1; subject to compliance with the specified conditions and the owner replotting the property within 180 days at its expense. Mayor Neal referred to Item 28, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0603-02, Mike Yarbrough: A change of zoning from a "R -1B" One -family Dwelling District to a `B-1" Neighborhood Business District on Yarbrough Addition, Lots 4 and 5, located on the west side of Airline Road and 600 feet south of Holly Road. City Secretary Chapa said the Planning Commission and staff recommended the approval of the `B-1" Neighborhood Business District. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Mr. Chapa polled the Council for their votes, and the following ordinance passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 28. ORDINANCE NO. 025427 Amending the Zoning Ordinance upon application by Mike Yarbrough by changing the zoning map in reference to Lots 4 and 5, Yarbrough Addition, from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District; amending the comprehensive plan to account for any deviations from the existing comprehensive plan. Mayor Neal referred to Item 29, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0603-04, Paul S. Vera: A change of zoning from a "R -1B" One -family Dwelling District and "B-1" Neighborhood Business District with a "SP" Special Permit to a `B-4" General Business District on Laguna Acres, Block 1, Lot 12 and a portion of Lot 11, located at the southeast corner of Horne Road and Teresa Street. City Secretary Chapa City Secretary Chapa said the Planning Commission and staff recommended the denial of `B-4" District, and in lieu thereof, approval of a revised Special Permit on Lot 12 to include a portion of Lot 11 to allow the auto repair use limited to minor and major auto repair and to correct the building expansion setback subject to a site plan and 10 conditions. Minutes - Regular Council Meeting August 19, 2003 - Page 13 Mr. Michael Gunning, Director of Planning, said that the original Special Permit was approved in May 1998 for an auto repair facility, limiting the building to 2,400 square feet. However, Mr. Gunning said that sometime in 1996, the applicant expanded the building without the benefit of a building permit, adding an additional 2,071 square feet. He said that the addition was encroaching on another lot that was not properly zoned. He stated that the applicant had gone through the rezoning process once again to correct these violations. First, he submitted a plat application to replat the property. Second, he must also comply with the screening fence ordinance and obtain a building permit for the illegal structure added on to the building. Mr. Gunning said that these conditions were included in the language of the special permit, and the applicant would be given 180 days to comply with all city codes and ordinances. Mr. Gunning noted that there had been a long history of complaints about this property from the neighborhood. He said that there was 14.5% opposition from the neighborhood. Mayor Neal asked Mr. Gunning how long Mr. Vera had been non-compliant. Mr. Gunning replied that Mr. Vera had been out of compliance since December 12, 2000. At that time, he said that the Special Permit was approved subject to ten conditions for boths Lots 11 and 12. He stated that Mr. Vera had 180 days to comply with the conditions and failed to do so. He was issued a notice that he was in violation sometime in 2001. Mayor Neal asked when Mr. Vera had actually built the illegal structure. Mr. Gunning replied that it was sometime in 1996. Mayor Neal remarked that Mr. Vera had been in violation of the city's codes and ordinances for seven years. In response to Mayor Neal's question, Mr. Gunning said that the applicant was requesting an additional 180 days to come into compliance. Mayor Neal asked what would happen if the Council denied his request. Mr. Gunning replied that Mr. Vera would have to cease operations of an auto repair use and the addition would have to be removed. Mayor Neal commented that he had spoken with several Planning Commissioners about the city's failure to enforce its codes and ordinance. He said that the Council had been extremely lenient, as other Councils had been before, to allow citizens to make major changes to neighborhoods through special permitting. He added that the city then would go years without enforcing the requirements of the special permit. He stated that this was creating a total lack of credibility in the community because the city was so lax with its enforcement. He cited this case as a perfect example of this type of situation. He emphasized that at some point, the city was going to have to start enforcing its regulations. He said that he hoped that the new Environmental Court and other changes would truly emphasize enforcement to convince citizens that they would have to comply with the conditions in special permits or else face the consequences. Council Member Colmenero agreed with Mayor Neal. He recalled the last time that Mr. Vera had come before the Council in 2001, he had assured the Council that he was going to bring the building into compliance. He remarked that now it was 2003, and once again Mr. Vera was not in compliance. Council Member Colmenero commented that the building was in deplorable condition. He told Mr. Gunning that if the Council was to approve this special permit, staff would have to follow-up to ensure compliance this time. Council Member Noyola asked Assistant City Manager Margie Rose what the consequences would be if Mr. Vera did not comply with the conditions stipulated in the special permit after 180 days. Ms. Rose replied that the special permit would be considered null and void, and the applicant would be limited to uses allowed in the original zoning. Council Member Noyola said that he was Minutes - Regular Council Meeting August 19, 2003 - Page 14 in support of giving Mr. Vera the additional 180 days, with the understanding that this would be the last opportunity the Council would offer him to get into compliance. Council Member Noyola noted that Mr. Vera did provide a service to the community, but that he must abide by the city's regulations. He asked if code enforcement would follow-up in sixty days to remind Mr. Vera to meet his obligations. He emphasized that this business and the neighborhood were in his district, and he wanted the issue resolved. Council Member Kinnison ilsked what the process would be if the Council approved this request and Mr. Vera was found to be out of compliance in 180 days. Acting City Attorney Reining replied that if Mr. Vera did not meet all of the conditions of the special permit within 180 days, the city could start citing him for violations. In response to Mr. Kinnison's question, Acting City Attorney Reining said that at this point, the city would be beginning a criminal court proceeding that could drag on for months. Mr. Kinnison said that he was not in support of granting the special permit today because whether he complied or not, Mr. Vera could drag the process out for years. City Manager Noe noted that a compounding factor was that the city's practice has been to suspend enforcement of the regulations if an individual has been cited for non-compliance but has applied for the correct zoning. Council Member Kinnison asked City Manager Noe to comment on whether other cities grant special permits as frequently as the City of Corpus Christi seemed to do. City Manager Noe replied that the situation was a function of a variety of factors. He said that part of the problem was that the Development Ordinance and the Zoning Code were antiquated. He noted that the Council had authorized funding for a re -write of these items, which will hopefully address many of these issues and not require as many special exceptions. However, he said that there was more of a desire to grant special permits here than he had seen in other cities. Council Member Chesney asked why the Council couldn't table this item for sixty days but then start with the legal proceedings now. If Mr. Vera were to comply in sixty days, Mr. Chesney proposed stopping the proceedings. City Manager Noe replied that another alternative would be to deny the special permit now and allow the enforcement to proceed. Council Member Chesney suggested that the Council table the item for sixty day and start legal proceedings or vote to deny the special permit. Council Member Cooper spoke in support of Mayor Neal's comments. She said she was in support of denying the special permit and proceeding with enforcement. Acting City Attorney Reining remarked that Mr. Vera had filed a plat application which would take time to process, so the option of giving Mr. Vera sixty days to reach compliance might be unrealistic. Mayor Neal asked for public comment. Mr. Victor Medina, 2460 Cricket Hollow, stated that Mr. Vera had hired him to handle the replatting so that he could obtain a building permit and get into compliance. He said that the contractor Mr. Vera had hired to complete the building expansion had told him that he would handle the permitting but failed to do so. Since then, Mr. Vera had been out of compliance. He stated that if the Council were to grant a sixty-day extension, it would not allow his client sufficient time to complete the platting process and obtain a building permit. Thus, Mr. Medina asked that the Council grant the staff and planning commission's recommendation to allow 180 days for compliance. Mr. Medina said that he would guide Mr. Vera to ensure that he would reach compliance. Mayor Neal and Council Member Scott both commented that Mr. Vera had been given ample time to reach compliance. Minutes - Regular Council Meeting August 19, 2003 - Page 15 In response to Council Member Chesney's question, Acting City Attorney Reining suggested that the Council could table the item for 90 days instead of 180 days if they wanted to give Mr. Vera a shorter timeframe in which to reach compliance. Council Member Chesney asked if there was anyway to table the item so the clock would keep running so that he would have to comply by the agreed upon date. City Manager Noe replied that staff would need more time to research this option to see if it was feasible. Council Member Chesney suggested that the Council could postpone the item for one week to allow staff the time needed. Acting City Attorney Reining suggested that the Council could postpone proceedings solely on the building permit issue since the platting applications was still pending, but could proceed on the other violations such as illegal outside storage. Mr. Garrett asked Mr. Medina if he thought that Mr. Vera would comply with the regulations this time. Mr. Medina replied affirmatively. Council Member Noyola made a motion to postpone this item for one week, seconded by Council Member Colmenero, and the motion passed 7-1, with Ms. Cooper casting the sole dissenting vote and Mr. Kelly absent. 29. udy Hi «.IciGuw tv Lagwia Au w, 1S1wx 1, Lvt 1L an a put Loa OI LVL 11, `Luu cuL1y avuc c\yanS10.i bLtlfdck oubjc t t0 d alit yti0ua, auicudlug• tilt LOiiiptcliciisi a plan t0 a count fo. Ally dc�ialioii5 fluor t11G . xistu.g co.1ip1c1ieiiSi%c plait POSTPONED FOR ONE WEEK Mayor Neal referred to Item 30, and a motion was made, seconded and passed to open the public hearing on the following zoning case. Case No. 0603-06, Coastal King, Ltd.: A change of zoning from a "B-1" Neighborhood Business District and "A-1" Apartment House District to a "B-4" General Business District on Roseland Place, Block 4, Lots 3 and 5, located west of Crosstown Expressway and at the northeast intersection of Horne Road and Rambler Street. City Secretary said that staff and the Planning Commission were recommending the approval of a "B-4" General Business District. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Mr. Chapa polled the Council for their votes, and the following ordinance passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 30. ORDINANCE NO. 025428 Amending the Zoning Ordinance upon application by Coastal King, Ltd. by changing the zoning map in reference to Roseland Place, Block 4, Lots 3 and 5 from "A-1" Apartment House District and "B-1" Neighborhood Business District to "B-4" General Business District; amending the comprehensive plan to account for any deviations from the existing comprehensive plan. Minutes - Regular Council Meeting August 19, 2003 - Page 16 Mayor Neal referred to Item 31, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0603-07, Joe Adame: A change of zoning from a "B-3" Business District and "B- 4" General Business District to an "I-2" Light Industrial District on Island Business Center, Block A, Lot 8, located north of Knickerbocker Street and 200 feet east of Waldron Road. City Secretary Chapa said that staff and the Planning Commission were recommending the denial of the "I-2" Light Industrial 'District, and in lieu thereof, approval of a special permit for a distribution/warehouse facility subject to three (3) conditions. Mayor Neal asked Mr. Joe Adame to explain how this item would address some specific needs at the Army Depot. Mr. Adame said this was an exciting project aimed at relocating some of the private service providers at the Army Depot because of security issues related to 9-11 and the lack of facilities. No one appeared in opposition to the zoning change. Mr. Noyola made a motion to close the public hearing, seconded by Ms. Cooper, and passed. City Secretary Chapa polled the Council for their votes, and the following ordinance passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 31. ORDINANCE NO. 025429 Amending the Zoning Ordinance upon application by Joe Adame by changing the zoning map in reference to Island Business Center, Block A, Lot 8, (currently zoned "B-3" Business District and "B-4" General Business District) by granting a special permit for a distribution/warehouse facility subject to three (3) conditions; amending the comprehensive plan to account for any deviations from the existing comprehensive plan. Mayor Neal referred to Item 32, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0603-08. Robert and Dahlia Schulte: A Specific Use Permit for a Bed and Breakfast Home with Special Events on Markamay Estates, Lot 2, located on the west side of Ocean Drive approximately 200 feet south of Hewit Drive. City Secretary Chapa said that the Planning Commission and staff were recommending the approval of a Specific Use Permit for a Bed and Breakfast Home with Special Events subject to a site plan and twelve (12) conditions. Mr. Chapa noted that the applicant had submitted a letter requesting that the item be tabled until October 14, 2003. Mayor Neal noted that the Council had a lengthy discussion regarding this property when the Bed and Breakfast Ordinance. He said that his understanding was that the property was deemed to be out of compliance with the existing ordinance on September 11, 2003. Mayor Neal asked Mr. Gunning if the property had been in compliance since that time. Mr. Gunning replied that they were in compliance for a period of time, but around the latter part of 2002, they commenced having special events with a new operator, Mr. Schulte, who was purchasing the property. Mayor Neal asked if the owners had been cited. Mr. Gunning replied that as soon as staff started receiving complaints that special events were taking place, code enforcement officers returned to the property and cited the new operator. Mayor Neal remarked that he understood that there was a sale pending on the property was contingent upon the owner being allowed to operate special events and a bed and breakfast. Mr. Gunning replied Minutes - Regular Council Meeting August 19, 2003 - Page 17 affirmatively. In response to Mayor Neal 's question, Mr. Gunning said that Dr. Shoemaker was still the owner. Mayor Neal commented that this case was another instance where the city was not enforcing its ordinance. City Manager Noe said that the agreement staff reached with Dr. Shoemaker Last time was to allow him to follow through on Five special events that he had already scheduled and then he would cease and desist from having special events. Mr. Noe stated that there were no complaints for an extended period of time. He Said that he suspected that the change in ownership or operation had led to the resumption of the special events and the subsequent complaints. Mr. Noe said that code enforcement officers were sent to investigate and found violations. In response, the operators had applied for the change in zoning before the Council today so they could come into compliance. Council Member Scott made a motion to table this item until October 14, 2003 to allow the operator to address the objections recently raised, and Mr. Chesney seconded the motion. Mayor Neal commented that this action would allow Mr. Schulte to continue operating in violation of the ordinance. Council Member Scott asked for clarification. City Manager Noe replied that the city's practice has been to abate all enforcement until the set date. Mr. Gunning added that he had advised Mr. Schulte that he should not hold any more special events until the zoning issues are resolved. Council Member Chesney observed that this case has gone before the Planning Commission for two hearings yet no one appeared in opposition to the zoning change. Mr. Chesney that most of the objections had been raised within the last twenty-four hours. He said that the concerns needed to be addressed and the Schultes needed the opportunity to speak as well. He supported the motion to table. Council Member Kinnison asked if the Council could direct staff to enforce the condition regarding special events until the new hearing date of October 14, 2003, rather than abate them as has been the practice. City Manager Noe replied affirmatively. Council Member Kinnison spoke in support of this option, saying that it should be made clear to the applicant that any violations between now and October 14, 2003 would have serious consequences. Council Member Colmenem spoke in support of tabling the item until October 14, 2003 to allow for more time to address the new issues. Mr. Gunning added that the applicant's attorney had informed him that there was some misinformation being circulated in the neighborhood, and that his client was requesting time to talk with the neighbors to resolve the issues. Council Member Cooper asked if anyone could verify that the applicants would not operate any special events until October 14, 2003. If not, Ms. Cooper said that she would vote to deny the application. Mr. Bob Wallace, 350 Grant, acting as attorney for the applicants, said that there would be no special events until the aforementioned date. He said that there was some false information circulating to the neighbors that the owners were planning to obtain a liquor license and open a bar and restaurant. For this reason, he was asking for time to speak with the neighbors and refute the claims. Council Member Chesney asked for a copy of the letter. Mayor Neal asked City Secretary Chapa how to proceed. Mr. Chapa advised that Council Member Chesney withdraw his motion to table and change it to a motion to postpone the item until October 14, 2003. Mayor Neal asked for public comment. Mr. Bill Kopecky, 3609 Topeka, spoke regarding the tax status of the property. Ms. Mary Albarado, 3233 Ocean Drive, said that the reason • Minutes - Regular Council Meeting August 19, 2003 - Page 18 the neighbors did not turn out for the Planning Commission hearings was because Dr. Shoemaker had agreed to stop having special events once he had fulfilled his obligations for five previously scheduled events. She also said a letter from the applicant's attorney, Mr. Bob Wallace, had incorrectly stated that she and her husband were in support of an amended Land Use Statement. She presented the Council with a list of complaints about Ocean House. Ms. Dorothy Spann, 502 Del Mar, spoke in opposition to the applicant's request, saying that the Council should enforce the bed and breakfast ordinance passed on September 11, 2001. Mr. Vic Veit, 201 Baycliff, said he had just learned about the zoning change today and spoke in opposition to the change. Mr. Bill Pettus, 102 Alta Plaza, spoke in support of the applicant's request for a Special Use Permit. Mr. David Berlanga, 2541 Oso Parkway, spoke against the applicant's request. Council Member Scott made a motion to close the public hearing, seconded by Mr. Chesney. The motion passed. Council Member Scott made a motion to table this item until October 14, 2003, seconded by Mr. Chesney. Council Member Scott amended his motion to stipulate that the applicant must stop having any paid special events until the aforementioned date. City Secretary Chapa polled the Council for their votes, and the motion passed with the following vote: Chesney, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Colmenero, voting "No"; Kelly was absent. 32. 6iii6 t1ic c,OuuiE, iiiap uc 1c csi 1n ly D*cllucg Disti'ic,t) by giautcug a Jpc.Gil�c U�c. ltcuui Iv' a llc IIoatc \vitli Spcc.al Cvc.,p coaIpiclduncvc pian t., a.'crn...t tit a<.y TABLED UNTIL 10/14/03 , auicIaluis ti, istcug cOflcpiclicuSivC glair Mayor Neal referred to Item 33, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0703-01, Bryan Tucker: A change of zoning from a "R-2" Multiple Dwelling District to a "R -1C" One -family Dwelling District on Flour Bluff and Encinal Farm and Garden Tracts being 6.60 acres out of the south portion of Lot 14, Section 26, located north of County Road 26a and east of Quail Springs Drive. City Secretary Chapa said that the Planning Commission and staff were recommending the approval of a "R -1C" One -family Dwelling District. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Chesney, and the motion passed. City Secretary Chapa polled the Council for their votes, and the following ordinance passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Minutes - Regular Council Meeting August 19, 2003 - Page 19 33. ORDINANCE NO. 025430 Amending the Zoning Ordinance upon application by Bryan Tucker by changing the zoning map in reference to Flour Bluff and Encinal Farm and Garden Tracts, being 6.60 acres out of Lot 14, Section 26, from "R-2" Multiple Dwelling District to "R -1C" One -family Dwelling District; amending the comprehensive plan to account for any deviations from the existing comprehensive plan. Mayor Neal referred to Item 34, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0703-02, D & J Land Company, Inc.: A change of zoning from a "R -1B" One - family Dwelling District to a `B-1" Neighborhood Business District on Tract 1, "B-4" General Business District on Tract 2 and "T -1C" Manufactured Home Subdivision on Tract 3. The property is on H.L. Kinney Lands, Don Patricio Subdivision, being 33.64 acres out of Parcel 1, located south of Interstate Highway 37 and west of Lantana Street. City Secretary Chapa said that the Planning Commission and staff were recommending the approval ofa "B-1" Neighborhood Business District on Tract 1, `B-4" General Business District on Tract 2 and "T -1C" Manufactured Home Subdivision on Tract 3. No one spoke in opposition to the zoning change. Council Member Chesney made a motion to close the public hearing, seconded by Council Member Cooper, and passed. City Secretary Chapa polled the Council for their votes, and the following ordinance passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, and Noyola, voting "Aye"; Kelly and Scott were absent. 34. ORDINANCE NO. 025431 Amending the Zoning Ordinance upon application by D & J Land Company, Inc. changing the zoning map in reference to H.L. Kinney Lands, Don Patricio Subdivision, being 33.645 acres out of parcel 1, from "R -1B" One -family Dwelling District to `B-1" Neighborhood Business District on Tract 1, `B-4" General Business District on Tract 2 and "T -1C" Manufactured Home Subdivision District on Tract 3; amending the comprehensive plan to account for any deviations from the existing comprehensive plan. The Council took a brief recess. The Council returned from recess, and Mayor Neal referred to Item 35 regarding amendments to the Zoning and Platting Ordinances. A motion was made, seconded and passed to open the public hearing to consider text amendments to the Zoning and Platting Ordinances related to applicable fees. Mr. Michael Gunning, Director of Planning, explained that this was a streamlining amendment to the Zoning and Platting regulations. He said that currently the fees relating to both sets of regulations are contained within the ordinances. To change the fees now, staff has to go through a lengthy public hearing process. He said that this ordinance would place all the zoning and platting fees in the city code of ordinances where all the other city fees were located. He said that this action would facilitate the annual review of the fees by the Council and the budget office. There was no public comment. A motion was made, seconded and passed to close the public hearing. City Secretary Chapa polled the Council for their votes, and the following ordinances were passed on their first reading by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Minutes - Regular Council Meeting August 19, 2003 - Page 20 35.b. FIRST READING ORDINANCE Amending the Zoning Ordinance by deleting the published fees. 35.c. FIRST READING ORDINANCE Amending the Platting Ordinance by deleting the published fees. * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. The first presentation was regarding the County Veteran's Services Office. Mr. Abel Chapa, 902 Brock, briefed the Council on the services and benefits provided by the County Veteran's Services Office. He noted that the office has relocated to the Nueces County Courthouse, Suite 101. He asked the Council to help him spread the message about the services his office offered so that more veterans could enroll. Mayor Neal suggested that Mr. Chapa also avail himself of public access television as another way to spread his message. The second presentation was regarding the Neighborhood Initiative Pilot Program in the Cunningham and Chula Vista Neighborhoods. Ms. Mary Dominguez, Director of Neighborhood Services, said that she had been looking forward to briefing the Council on this pilot program. Ms. Dominguez reported that the area consisted of more than 1000 properties bounded by Crosstown Expressway, Horne Road, Gollihar Road and Greenwood Drive. She said that estimated population of the area was 3,300. She noted that the area was surrounded by the following three school campuses: Chula Vista Elementary, Mary Grett School and Cunningham Middle School. Ms. Dominguez proceeded to describe the process used. She reported that residents were given the opportunity to voice concerns and opinions in a neighborhood meeting. She said that the residents identified the following issues: relatively high crime area; open storage of vehicles; sinkholes; sidewalks; drainage; graffiti "tagging"; need for an "Adopt -a -Park"; speed humps needed; additional lighting needed; noise levels in the late hours; and stray dogs and cats, improper leashing of dogs. Afterward, an assessment of the area was conducted by city departments. She stated that the Neighborhood Services department determined needs such as care of property; vacant lots and buildings; signage; junk vehicles and other detriments. The Engineering department determined needs in the areas of vision obstruction; sidewalk and street passage; new lighting or upgrades needed; and speed bump installation. She said that the Health department determined needs in the areas of stray cats and dogs, dog deaths and breeding. The Police department identified that this was a relatively high crime neighborhood. The Solid Waste department cited problems in the areas of debris and open storage of vehicles, auto parts, rubbish, mattresses and home appliances. Subsequently, Ms. Dominguez reported that these city departments teamed up and made a concerted effort to improve the neighborhood from May 9-30, 2003. She stated that the Neighborhood Services advised property owners of violations and informed them that this was their opportunity to resolve these violations without being fined. She said that staff boarded up vacant buildings and facilitated the disposal of garbage, towing of inoperable vehicles and correcting Minutes - Regular Council Meeting August 19, 2003 - Page 21 violations. She said that of 280 violations identified, the number was reduced to 91 violations currently in resolution. The Health department increased animal patrols in the area. The Park and Recreation department cleaned the park and met with residents regarding "Adopt -a -Park" ideas and concerns. The Engineering department installed seven new street light fixtures, upgraded the five existing street light fixtures and began a survey and petition for speed hump installation. The Police department increased patrols. The Storm Water department formulated future plans including hydraulic analysis and possible replacement of curbs and gutters. The Solid Waste department scheduled pick-up of all items except household hazardous waste. She said that 116.76 tons of debris were collected and 4.34 tons of tires were collected. Finally, Ms. Dominguez reported that the Street department repaired potholes, painted crosswalks and replaced and cleaned signs. She said that follow-up efforts were still underway. Ms. Dominguez concluded her presentation by saying that the coordination among the departments yielded excellent results in a short period of time. City Manager Noe added that over 200 junk vehicles in the area that were removed voluntarily once the residents were notified. He said that before the pilot program, there was regular gang activity and drive-by activity. Mr. Noe said that he spoke with Police Chief Alvarez last week, and he said that there was not a single drive- by since the program was in place. He said this program exemplified what the city could achieve if the community policing program and the rest of the departments and focused their efforts on a neighborhood to make a significant impact. He said that the goal was to take this model and apply it to other neighborhoods throughout the year on an on-going basis. Over the next several weeks, City Manager Noe said that staff was going to identify the next four or five other neighborhoods to focus on, in conjunction with the Police department, and present the Council with an annual program beginning in October. Mayor Neal asked if there was a direct patrol officer assigned to this neighborhood. Ms. Dominguez replied affirmatively, saying that he operated out of the Cunningham area. Council Member Cooper spoke in support of the pilot program, saying she had never seen results like this with any other program. Council Member Noyola spoke in support of the program and encouraged staff to apply this program in other neighborhoods. He thanked staff and City Manager Noe for their efforts. Council Members Colmenero and Garrett also spoke in support of the program. Council Member Garrett asked if the reduction in gang activity could be maintained. City Manager Noe replied that the city needed to maintain contact with the neighborhoods, working with the direct patrol officer and the residents to identify any new problems. Assistant City Manager Rose added that when staff had a follow-up meeting with community, she said that staff made sure that the residents knew who the code enforcement officer was for the area to promote a dialogue. The final presentation was on the Local Homebuyers Program for city employees. Mayor Neal asked City Manager Noe to postpone this presentation until Council Member Kelly could be present, since he had a special interest in this topic. Ms. Dominguez mentioned the banks who had sent representatives today, including Wells Fargo, GMAC, First Community, and First Commerce. Mayor Neal apologized for the inconvenience. * * * * * * * * * * * * * Minutes - Regular Council Meeting August 19, 2003 - Page 22 Mayor Neal opened discussion on Item 40 regarding a variance for the Corpus Christi Police Officers Association to operate an on -premises alcoholic beverage establishment located at 3122 Leopard Street. City Manager Noe commented that staff was going to bring the Council a recommendation to establish a more structured process for considering these requests in the future. He noted that for the last case that had come up regarding King High School, it had been suggested that there would be hearings and other opportunities for the public to comment. However, Mr. Noe said that these opportunities never materialized because once the Council authorized the variance, TABC granted it. Mr. Noe said that in the future, these types of requests were going to be treated more like a zoning case, with notices sent out to those potentially impacted. However, staff did not see the need to apply retroactive policy in this case. Mr. Noe did say that he felt that variances like these were not a good idea. Mr. Larry Young, * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mayor Neal called for Council concerns and reports. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 7:30 p.m. on August 19, 2003. * * * * * * * * * * * * *