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Chapa noted that Items 8a and 8b were being withdrawn.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.
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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.
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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.
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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.
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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,
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Mayor Neal called for petitions from the audience.
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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.
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