HomeMy WebLinkAboutMinutes City Council - 09/09/2003I 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 September 9, 2003, which were approved
by the City Council on September 16, 2003.
WITNESSETH MY HAN
SEAL
AND SEAL, this 16th day of September 2003.
Armit
anco Chapa
City Secretary
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
September 9, 2003 - 11:14 a.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Melody Cooper
Council Members:
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
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 meting to order in the Council Chambers of City Hall. The
invocation was delivered by Rever nd Charles R. Graff of St. Luke's United Methodist Church and
the Pledge of Allegiance to the nited States flag was led by Council Member Noyola. City
Secretary Chapa called the roll a d verified that the necessary quorum of the Council and the
required charter officers were pre4ent to conduct the meeting. Mayor Neal called for approval of
the minutes of the regular Council pneeting of August 26, 2003. A motion was made and passed to
approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Neal announced the' executive sessions, which were listed on the agenda as follows:
2. Executive session under TeXas Government Code Section 551.071 regarding CCMCA, Inc.,
a Texas Corporation vs. City of Corpus Christi, Case No. C-03-170, in the United States
District Court for the Southern District of Texas, Corpus Christi Division with possible
discussion and action in open session.
3. WITHDRAWN
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4. Executive session under Texas Government Code Sections 551.071, 551.072 and 551.087
regarding the South Wharf Project in the Corpus Christi Marina with possible discussion and
action related thereto in open session.
5. Executive session pursuant to Texas Government Code Section 551.074 to interview
candidates for and deliberate the appointment of a Municipal Court Judge with possible
discussion and action related thereto in open session.
Minutes - Regular Council Meeting
September 9, 2003 - Page 2
The Council went into executive session. The Council returned from executive session and
the following motions were passe as follows:
2. MOTION NO. 2003-306
Motion authorizing the Cit}
to represent the City of Co
at an hourly rate not excee
Manager to continue employment of The Rangel Law Firm, P.C.
pus Christi regarding the sexually oriented business ordinance
ing $150, subject to certification of funds.
The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero,
Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
5. MOTION NO. 2003-307
Motion appointing John R nk III as Judge of the Municipal Court of Corpus Christi, Texas
and setting his salary at $5,500 to a term coterminous with that of the City Council.
The foregoing motion wa$ passed with the following vote: Neal, Chesney, Colmenero,
Cooper, Garrett, Kelly, Kiihnison, Noyola and Scott, voting "Aye".
* * * * * * * * * * * * *
Mayor Neal referred to Item 6 and the following board appointments were made:
Business Resource Center Committee
Roland Barrera (Reappointed)
Lamont Taylor (Reappointed)
Anne Drier (Appointed)
Efrain Franco (Appointed)
John Garcia (Appointed)
Carlos Martinez (Appointed)
Carole L. Peterson (Appointed)
David W. Yoskowitz, Ph.D. (Appointed)
Coastal Bend Council of Governments
Council Member Bill Kelly (Reappointed)
Council Member Javier Colmenero (Reappointed)
Council Member Henry Garrett (Reappointed)
Council Member Mark Scott (Reappointed)
City Manager George K. Noe (Reappointed)
Water Superintendent Ed Garana (Reappointed)
Clif Moss (Reappointed)
Corpus Christi Convention and Vtitors Bureau
Curt L. Broomfield (Appointed)
Mechanical/Plumbing Advisory Board
Bob Hughes (Appointed)
Nueces County Community Action Agency
Mayor Samuel L. Neal Jr. (Reappointed)
Council Member Javier Colmenero (Reappointed)
Council Member Jesse Noyola (Reappointed)
Minutes - Regular Council Meeting
September 9, 2003 - Page 3
* * * * * * * * * * * *
*
Mayor Neal called for con.ideration of the consent agenda (Items 7-19). City Secretary
Chapa announced that Council Me ber Noyola was abstaining from the vote and discussion on Item
17. Council members requested the t Items 11 and 12 be discussed. There were no comments from
the audience. A motion was ma' - and passed to approve Items 7 through 19, constituting the
consent agenda, except for Items 11 and 12, which were pulled for individual consideration. City
Secretary Chapa polled the Counci for their votes and the following items were passed as follows:
7. MOTION NO. 2003-308
Motion authorizing the Cit
Jalco, Inc. of Houston, Te
Creek Low Water Crossin
The foregoing motion wa
Cooper, Garrett, Kelly, Ki
8. MOTION NO. 2003-309
Manager or his designee to execute a construction contract with
as in the amount of $372,100 for the J.C. Elliott Landfill - Oso
Repairs.
passed with the following vote: Neal, Chesney, Colmenero,
nison, Noyola and Scott, voting "Aye".
Motion authorizing the Cit Manager or his designee to execute a contract for professional
services with Chuck Anas os Associates, Inc. of Corpus Christi, Texas in the amount of
$96,043 for the Facility I rovements Project. (Removal of Architectural Barriers)
The foregoing motion wa4 passed with the following vote: Neal, Chesney, Colmenero,
Cooper, Garrett, Kelly, Ki4nison, Noyola and Scott, voting "Aye".
9.a. ORDINANCE NO. 025459
Ordinance appropriating $33,335.08 from the unreserved fund balance in the No. 5110
Maintenance Service Fugd to provide funding for vehicle maintenance lifts for the
Maintenance Service Center; amending the FY 2003-2004 Operating Budget adopted by
Ordinance No. 025394 by increasing appropriations by $33,335.08.
An emergency was declared, and the foregoing ordinance was passed with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye".
9.b. MOTION NO. 2003-310
Motion authorizing the City Manager or his designee to execute a construction contract with
Progressive Industries of Chicago, Illinois in the amount of $33,335.08 for the Maintenance
Service Center New Vehidle Lifts and Lift Relocations.
The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero,
Cooper, Garrett, Kelly, Kitmison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
September 9, 2003 - Page 4
10. MOTION NO. 2003-311
Motion authorizing the City Manager or his designee to execute an annual joint funding
agreement with the United States Geological Survey (USGS), United States Department of
the Interior for the continu tion of surface water data collection and limited studies by the
United States Geological S rvey for the City's water supply activity; and providing for the
City to pay the United St es Geological Survey the amount of $183,475 out of a total
project cost of $242,250 d ing the federal fiscal year October 1, 2003 through September
30, 2004.
The foregoing motion wa passed with the following vote: Neal, Chesney, Colmenero,
Cooper, Garrett, Kelly, Ki ninon, Noyola and Scott, voting "Aye".
13.a. MOTION NO. 2003-314
Motion authorizing the Ci y Manager or his designee to accept a grant in the amount of
$42,000 from the Corps Christi Metropolitan Planning Organization (MPO) for
reimbursement of costs incurred by the Development Services Department between October
1, 2002 - September 30, 2003 for transportation planning and related studies in accordance
with the approved Metrop*titan Planning Organization FY 2002-2003 Unified Planning
Work Program.
The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero,
Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
13.b. ORDINANCE NO. 025461
Ordinance appropriating $42,000 from the Corpus Christi Metropolitan Planning
Organization in the No. 1065 Street Grants Fund for the Corpus Christi Unified Future Land
Use Map Project for FY 402-2003.
An emergency was declartid, and the foregoing ordinance was passed with the following
vote: Neal, Chesney, Colm@nero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye".
14. ORDINANCE NO. 025461
Ordinance authorizing the $xpenditure of funds in the amount of $968,085 as a transfer from
the No. 1020 General Rind to the No. 1067 Park and Recreation Grant Fund; and
appropriating $968,085 in the No. 1067 Park and Recreation Grant Fund as City matching
funds for the Senior Community Services Program.
An emergency was declared, and the foregoing ordinance was passed with the following
vote: Neal, Chesney, Colm$nero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye".
Minutes - Regular Council Meeting
September 9, 2003 - Page 5
15.a. MOTION NO. 2003-315
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$803,589 from the Area A�ency on Aging of the Coastal Bend for the FY 2003 Senior
Community Services, Elde y Nutrition Program in the No. 1067 Park and Recreation Grant
Fund.
The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero,
Cooper, Garrett, Kelly, Ki
15.b. ORDINANCE NO. 02546
ison, Noyola and Scott, voting "Aye".
Ordinance appropriating a &rant in the amount of $803,589 from the Area Agency on Aging
of the Coastal Bend for the 'Y 2003 Senior Community Services, Elderly Nutrition Program
in the No. 1067 Park and R creation Grant Fund.
An emergency was declared, and the foregoing ordinance was passed with the following
vote: Neal, Chesney, Colmejrero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye".
16.a. MOTION NO. 2003-316
Motion authorizing the City Manager or his designee to execute all documents necessary to
accept and implement the FY2003 Consolidated Annual Action Plan for Community
Planning and Development (CPD) Programs that include the Community Development
Block Grant (CDBG), Emergency Shelter Grant (ESG) and Home Investment Partnership
Programs (HOME).
The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero,
Cooper, Garrett, Kelly, Kirjnison, Noyola and Scott, voting "Aye".
16.b. ORDINANCE NO. 025463
Ordinance appropriating $7 685,714 in the No. 1059 Community Development Block Grant
Fund for the FY2003 Consolidated Annual Action Plan for Community Planning and
Development Program projects/activities that includes 1) $4,219,000 for FY2003
Community Development l3lock Grant (CDBG) projects, $700,000 of program income;
$734,152 of reprogrammed funds; 2) $170,000 for FY2003 Emergency Shelter Grant (ESG)
activities; and 3) SI,862,562 for FY2003 Home Investment Partnership (HOME) Program
for projects/activities approved by the City Council on May 20, 2003 by Resolution No.
025309.
An emergency was declared, and the foregoing ordinance was passed with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye".
Minutes - Regular Council Meeting
September 9, 2003 - Page 6
17. ORDINANCE NO. 025464
Authorizing the City Mana er or his designee to execute and agreement with Aeronautical
Radio, Inc. to lease space containing approximately 56 square feet located in the lower level
of the terminal for the maint nance and operation of aeronautical communication equipment
providing air/ground date c i mmunications to aircraft on the ground and en route within 200
nautical miles from Corpus Christi, subject to compliance with all applicable federal, state
and local laws and regulati .ns in consideration of payment of $39.85 per square foot on a
monthly basis for a term o up to five years. (First Reading - 6/10/03)
The foregoing ordinance
s passed with the following vote: Neal, Chesney, Colmenero,
Cooper, Garrett, Kelly, Ki nison, and Scott, voting "Aye"; Noyola abstained.
18.a. ORDINANCE NO. 02546
Amending the Code of Or'inances, City of Corpus Christi by redesignating Chapter 15,
Emergency Management, s Chapter 16, Emergency Management and renumbering the
sections; and providing fo penalties. (First Reading - 8/26/03)
The foregoing ordinance w
Cooper, Garrett, Kelly, Kir
as passed with the following vote: Neal, Chesney, Colmenero,
nison, Noyola and Scott, voting "Aye".
18.b. ORDINANCE NO. 025464
Amending the Code of Or inances, City of Corpus Christi by redesignating Chapter 14,
Elections, as Chapter 15, E ctions and renumbering the sections. (First Reading - 8/26/03)
The foregoing ordinance was passed with the following vote: Neal, Chesney, Colmenero,
Cooper, Garrett, Kelly, Kir nison, Noyola and Scott, voting "Aye".
18.c. MOTION NO. 2003-317
Motion to amend prior to second reading the ordinance amending the Code of Ordinances,
City of Corpus Christi by designating Chapter 14 as Development Services, "by deleting the
fee for commercial buildin3 site plan reviews and making other editorial corrections and
changes".
The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero,
Cooper, Garrett, Kelly, Kigrtison, Noyola and Scott, voting "Aye".
18.d. ORDINANCE NO. 025467
Amending the Code of Ordinances, City of Corpus Christi by designating Chapter 14 as
Development Services; adopting the 2003 International Building Code, Energy Conservation
Code, Fuel Gas Code, Mechanical Code, Plumbing Code and Residential Code for One and
Two -Family Dwellings as the City's Building, Energy Conservation, Fuel, Gas, Mechanical,
Plumbing and Residential Codes; adopting the 2002 National Electrical Code as the City's
Minutes - Regular Council Meeting
September 9, 2003 - Page 7
Electrical Code; adopting the City's Flood Hazard Prevention Code; establishing provisions
relating to the regulations of excavation activities, fill materials, control of Aeolian soils and
solid waste at construction sites; amending the requirements for storm water management
plans; and establishing the Development Services' fee schedules and providing for penalties.
(First Reading - 8/26/03)
The foregoing ordinance
s passed with the following vote: Neal, Chesney, Colmenero,
Cooper, Garrett, Kelly, Ki nison, Noyola and Scott, voting "Aye".
18.e. ORDINANCE NO. 02546
Amending Chapter 13, C
reserving Articles I, IV, V
Code Enforcement, Hou
Improvement and providin
The foregoing ordinance w
Cooper, Garrett, Kelly, Ki
18.f ORDINANCE NO. 02546
de of Ordinances, City of Corpus Christi by repealing and
nd VI and by renaming the title of the chapter to Chapter 13,
ng and Housing Premises Standards and Neighborhood
for penalties. (First Reading - 8/26/03)
's passed with the following vote: Neal, Chesney, Colmenero,
nison, Noyola and Scott, voting "Aye".
Amending Chapter 21, Code of Ordinances, City of Corpus Christi by repealing and
reserving Article VI and providing for penalties. (First Reading - 8/26/03)
The foregoing ordinance was passed with the following vote: Neal, Chesney, Colmenero,
Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
19. ORDINANCE NO. 025470
Ordinance revising Section 18-1, Fire Prevention Code of the City Code of Ordinances by
incorporation of the International Fire Code, 2003 Edition; and providing for penalties.
An emergency was declared, and the foregoing ordinance was passed with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye".
Mayor Neal opened discu$sion on Item 11 regarding street closures for Bayfest 2003.
Council Member Chesney stated that he was abstaining from the vote and discussion on this item.
City Secretary Chapa stated that this item was being amended to correct a number of dates. A
motion to amend Item 11 as recommended by staff was made, seconded and passed.
11. MOTION NO. 2003-312
Motion approving the application from Bayfest, Inc. to temporarily close the following street
sections for the Bayfest 2003, September 19-21, 2003.
a. Northbound Shoreline Boulevard (inside lane only) from the north right-of-way of
Minutes - Regular Council Meeting
September 9, 2003 - Page 8
Power Street median crossover (exclusive of the median crossover at Power Street)
to Fitzgerald Street beginning at 9:00 a.m., Wednesday, September 10, 2003 through
5:00 p.m., Friday, September 12, 2003 and from 6:00 a.m., Monday, September 15,
2003 through 5:00 p.m., Wednesday, September 17, 2003.
b. Southbound Shore ine Boulevard (full closure) from the south right-of-way of
Fitzgerald Street to the north right-of-way of Power Street beginning at 9:00 a.m.,
Wednesday, Septe ber 10, 2003 through 5:00 p.m., Tuesday, September 23, 2003.
c. Northbound Shore1 ne Boulevard (full closure) between north right-of-way line of
Power Street and he north right-of-way of Fitzgerald Street from 2:00 p.m.,
Thursday, Septem r 18, 2003 through 6:00 a.m., Monday, September 22, 2003.
d. North Water Street full closure) between Fitzgerald Street and Palo Alto Street from
8:00 a.m., Thursda , September 18, 2003 through 6:00 a.m., Monday, September 22,
2003.
e. Palo Alto Street, e4st half between North Water Street and southbound Shoreline
Boulevard; Fitzgerald between North Water Street and Shoreline Boulevard; and
North Water Street, south half between Fitzgerald and Resaca Street from 8:00 a.m.,
Thursday, Septemher 18, 2003 through 6:00 a.m., Monday September 22, 2003.
The foregoing motion was
Cooper, Garrett, Kelly, Kii
passed as amended with the following vote: Neal, Colmenero,
orison, Noyola and Scott, voting "Aye"; Chesney abstained.
Mayor Neal opened discussion on Item 12 regarding the Fire Station No. 4 "Percent for Art"
Project. Council Member Kinnison asked how much money was being allocated to this project.
City Manager Noe replied that it $'as $5,000, equal to one and one-quarter (1-1/4) percent of the
construction cost, in accordance With the ordinance. Mr. Kinnison questioned the wisdom of
funding art projects for these type$ of locations. He asked if the projects were placed in a manner
here the public would actually see (hem. City Manager Noe replied that the last fire station project,
on Staples near Doddridge, was visible from the outside. Mr. Kinnison questioned whether these
types of projects were truly contributing to the community. He asked City Manager Noe to look into
this matter before Bond 2004 to see if the Percent for Art Program still served its purpose. He
suggested that the monies could go into a general art fund rather than be mandated for each
construction project regardless of its location and nature. City Manager Noe said that he would
schedule a discussion on the Percemt for Art Program, including a dialogue with the Arts & Cultural
Commission, before Bond 2004
12. MOTION NO. 2003-313
Motion authorizing the appointment of an ad hoc peer panel to the Arts and Cultural
Commission consisting of art professionals and community peers to make a
recommendation for the Fire Station No. 4 "Percent for Art" project.
The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero,
Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
September 9, 2003 - Page 9
* * * * * * * * * * * * *
Mayor Neal opened discus$ion on Item 20 regarding the 2003 Tax Levy. Ms. Constance
Sanchez, Acting Director of Finan4ial Services, explained that this item provided for the adoption
of the tax rate, discussed at the ,ublic hearing on August 26, 2003. She said that staff was
recommending approval. City Ma ager Noe added that this was the same rate that existed prior to
this year, and for the last several y -ars.
Mayor Neal asked for pubic comment. Mr. J.E. O'Brien, 4130 Pompano, said that since
valuations had increased, the tax ra e should be decreased. City Secretary Chapa polled the Council
for their votes as follows:
20.a. ORDINANCE NO. 02547
Ordinance prescribing the axes to be levied, assessed and collected by the City of Corpus
Christi, Texas for tax yea 2003 and for each succeeding year thereafter until otherwise
provided and ordained and such other years as the same may be applicable.
The foregoing ordinance Was passed with the following vote: Neal, Chesney, Colmenero,
Cooper, Garrett, Kelly, Kii}nison, Noyola and Scott, voting "Aye".
20.b. MOTION NO. 2003-318
Motion approving the 20 Tax Levy of $57,640,112 based on the adopted tax rate of
$0.644175 per $100 valuati n in accordance with Section 26.09(e) of the Texas Property Tax
Code.
The foregoing motion wa4 passed with the following vote: Neal, Chesney, Colmenero,
Cooper, Garrett, Kelly, Kii}nison, Noyola and Scott, voting "Aye".
Mayor Neal called for a shprt recess so that he could present proclamations.
* * * * * * * * * * * * *
The Council returned from recess, and Mayor Neal opened discussion on Item 21 regarding
the assessments for the Birminghar» and Lyons Street Improvements Project. Mayor Neal asked for
the purpose of this item. Mr. Ange4 Escobar, City Engineer, replied that in the original preliminary
assessment roll, there were several driveways that were extra -width that the property owners wished
not to include. Also, he said that these assessments reflected the final quantities of the project.
There were no comments from the public.
City Secretary Chapa polled the Council for their votes as follows:
21. ORDINANCE NO. 02547Z
Ordinance amending Ordinance No. 024973 passed and approved on July 23, 2002 by
amending Section 3 to adopt the final assessment roll and assessments to be levied against
Minutes - Regular Council Meeting
September 9, 2003 - Page 10
the owners of property abutting on the following streets:
Birmingham and Lyons Str
et Improvements Project- Birmingham Street from Airline Road
to Lyons Street and Lyons Street from Airline Road to end of street.
The foregoing ordinance . s passed with the following vote: Neal, Chesney, Colmenero,
Cooper, Kinnison, Noyola : nd Scott, voting "Aye"; Garrett and Kelly were absent.
Mayor Neal opened discus ion on Item 22 regarding the assessments for Woodlawn Drive
Street Improvements Project. The e were no comments from the audience. City Secretary Chapa
polled the Council for their votes :
Minutes - Regular Council Meeting
September 9, 2003 - Page 11
* * * * * * * * * * * * *
The Council returned fromecess. Mayor Neal referred to Item 24, and a motion was made,
seconded and passed to open the piblic hearing on the following zoning case:
Case No. 0703-08 AVE I
an "I-3" Heavy Industrial
Interstate Highway 37 and
City Secretary Chapa said
a "1-3" Heavy Industrial District
Mayor Neal asked Mr. Michael
Gunning said that AVE, Inc. was r
adult business operation. Mr. Gun
use according to the city's laws of
1000 feet away from residential p
business, as required by ordinance.
involved in litigation with AVE Inc
was being encouraged to by staff t
strongly recommended that their a
Mayor Neal asked City Se
this case. Mr. Chapa replied that t
applicant and as recommended by
motion was made, seconded and p
Council Member Kelly co
Antonio that was quite similar to t
case in San Antonio regarding th
premises viewing. He said that at t
case, but he said it was a close le
relevant for the city's consideratio
: A change of zoning from an "I-2" Light Industrial District to
istrict on Goldston Addition, Block 1, Lot 7 located north of
00 feet east of Goldston Road (County Road 51-A).
hat the Planning Commission was recommending the denial of
hile staff was recommending the approval of the same district.
unning, Director of Planning, to make a presentation. Mr.
questing the change in zoning to enable them to continue their
ing said that the business met the criteria for an adult business
cr than the zoning itself. He said that the business was at least
operties and at least 1500 feet from another sexually oriented
Acting City Attorney Reining commented that the city has been
He said that as part of the settlement negotiations, the applicant
try to rezone the property from "I-2" to "I-3". He said that staff
plication be granted.
retary Chapa to clarify what the Council would be voting on in
e Council would be voting on the ordinance as requested by the
staff. No one appeared in opposition to the zoning change. A
ssed to close the public hearing.
mented that he understood that there was a recent case in San
is case. Acting City Attorney Reining replied that there was a
purchase of sexually oriented material by customers for off -
is point, staff did not know whether it completely applied to this
al issue. Mr. Kelly commented that the case appeared to be
in pending litigation, and Mr. Reining agreed.
City Secretary Chapa polled the Council for their votes as follows:
24. ORDINANCE NO. 025474
Amending the Zoning Ordinance upon application by AVE, Inc. by changing the zoning map
in reference to Goldston Addition, Block 1, Lot 7 from "I-2" Light Industrial District to "I-
3" Heavy Industrial District amending the comprehensive plan to account for any deviations
from the existing comprehensive plan.
An emergency was declared, and the foregoing ordinance was passed with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye".
Minutes - Regular Council Meeting
September 9, 2003 - Page 12
Mayor Neal referred to Iter 25, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0703-07 Holt om an of Texas: A change of zoning from an "I-2" Light
Industrial District to an "I- " Heavy Industrial District on Cormar Industrial Tracts, Lot IR
and Lot 6 located south o South Padre Island Drive and 1,300 feet north of Greenwood
Drive.
City Secretary Chapa said he Planning Commission and staff recommended the approval
of a "1-3" Heavy Industrial Distri t. No one appeared in opposition to the zoning change. Ms.
Cooper made a motion to close thpublic hearing, seconded by Mr. Colmenero, and passed.
Council Member Noyola a.ked if the tanks would be above ground. Mr. Gunning replied
affirmatively, saying that they \A. ere existing tanks that staff was trying to bring them into
compliance with the fire code an the zoning ordinance. If the Council approved the change in
zoning, Mr. Gunning stated that thcase would then go before the Zoning Board of Adjustment to
be approved as a hazardous use.
Mr. Chapa polled the Council for their votes as follows:
25. ORDINANCE NO. 02547
Amending the Zoning Ord
zoning map in reference
Industrial District to "I-3"
account for an deviations
ance upon application by Holt Company of Texas changing the
Cormar Industrial Tracts, Lots 1R and 6 from "I-2" Light
eavy Industrial District; amending the comprehensive plan to
om the existing comprehensive plan.
An emergency was declared, and the foregoing ordinance was passed with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye".
Mayor Neal referred tlo Item 26 regarding the Landry's Memorandum of
Understanding/Marina Development. He announced that the Council would go into executive
session on this item under Texas Government Code Sections 551.071, 551.072 and 551.087 with
possible discussion and action in open session.
The Council returned from executive session. Mayor Neal referred to a recent press release
from the Landry's Restaurant headquarters in Houston, TX, which stated that the company was
withdrawing their bid to redevelop the Corpus Christi T -heads and downtown marina. He said that
Landry's stated that the decision to withdraw the bid was made without regard to the expected vote
by the Corpus Christi City Council.
Minutes - Regular Council Meeting
September 9, 2003 - Page 13
Mayor Neal made the follo*ving motion, which was seconded by Council Member Garrett:
26. MOTION NO. 2003-319
Motion to direct the City anager to respond in writing to the Chairman of Landry's
accepting their withdrawa from the continued negotiations on the development of the
marina area.
The foregoing motion was .assed unanimously (9-0).
Mayor Neal made a motio to table to this item indefinitely, seconded by Council Member
Garrett. Acting City Attorney Rei ing explained that this meant that the item could not be placed
back on the agenda in the future u Tess requested by the majority of the Council. The motion was
passed unanimously (9-0).
Mayor Neal called for the ity Manager's report. City Manager Noe introduced Mr. Marc
Solis, the new General Manager s.lected by SMG for the city's convention center and new arena.
Mr. Solis said that SMG was com itted to creating a strong partnership with the city. He said that
he looking forward to the challeng• and opportunities that lay ahead. Most importantly, Mr. Solis
said that he was looking forward t. bringing first-class entertainment to Corpus Christi.
Council Member Scott toll Mr. Solis that a number of organizations were interested in
speaking with him about advertising and marketing opportunities. He noted that the arena was
scheduled to open in 12 months, aqd that Mr. Solis needed to move quickly. Mr. Solis agreed, and
said he would be making contacts n the community to assist him in this endeavor. City Manager
Noe commented that Mr. Solis was quite experienced in the entertainment industry, saying that he
had brought Cher, Santana, Elton John, Shakira and Mand to Laredo, where he formerly worked.
Mr. Solis said that he would be wing the muscle of SMG to bring these types of acts, as well as
sporting events, to Corpus Christi las well. He said that the objective was to promote the arena to
all of South Texas. He assured the Council that the arena would open with a big bang.
Council Member Kinnison welcomed Mr. Solis to Corpus Christi. He asked him to meet
with the Council at some point to discuss the time tables involved in the negotiations with the local
hockey team and with Texas A&M University- Corpus Christi, and the sale of luxury boxes. He
also said that he hoped one of Mr Solis's responsibilities would be to develop an operating pro
forma for the first year, and he was looking forward to seeing it as it developed. Mr. Solis said that
they were on the same page regarding these issues.
Council Member Noyola also welcomed Mr. Solis to Corpus Christi. Mr. Noyola said that
the Council had great expectations for the arena and for SMG. He said that he hoped that SMG
would work with local promoters and businesses to bring good entertainment to the city. He wished
Mr. Solis the best of luck in this endeavor.
Council Member Scott asked for a status report on the naming rights of the arena. City
Manager Noe replied that there was a principal prospect that has hired a firm to represent them in
Minutes - Regular Council Meeting
September 9, 2003 - Page 14
negotiations with SFMG. He said that the company's name needed to remain confidential. City
Manager Noe stated that the process should be finalized within the next 60 days.
City Manager Noe also stated that staff had distributed draft copies of the Fourth Quarter
report for the Council's review. H said that the report would be discussed at next week's meeting.
Mr. Noe said that next week's co cil meeting agenda would include the following items: public
hearing on Rodd Field Public I provement District; presentation on Bayfest; update on base
closures from the city's consultant, Steve Karlakeas; and a Bond 2000 update.
Mayor Neal called for Cou
to look into a constituent complain
to send letters of appreciation to t
and beverages during Hurricane C
in the City Manager's transmittal
overlooked. He asked staff to foll
cil concerns and reports. Council Member Noyola asked staff
about animal control issues. I -Ie also said that he had asked staff
e vendors that had provided the EOC with complimentary food
audette. He noted there were letters to a number of companies
eport, but he thought that some organizations may have been
�w-up and ensure that all the organizations were sent letters.
Council Member Cooper tated that at last night's town hall meeting, an individual had
raised a concern that the Wednesda -Saturday trash pick-up schedule could prove to be problematic
for commercial users that are not open on Saturdays. City Manager Noe replied that he had already
spoken with Mr. Jeff Kaplan, Direptor of Solid Waste, about this matter. He said that anyone who
was impacted could contact Solid Waste to make alternate arrangements. Ms. Cooper asked staff
to provide this information to the public.
* * * * * * * * * * * * *
Mayor Neal asked for pet tions from the audience. The following individuals spoke in
support of the city's decision to End negotiations with Landry's: Mr. Michael Pendleton, 1400
Ocean Drive; Ms. Connie Vallie, 302 Waverly; Ms. Frances Bailey, 730 Alden Drive; and Mr.
David Noyola, 909 Marie Circle. Mr. Bill Kopecky, 3609 Topeka, spoke regarding his concerns
about the construction of the arena and the problems with the seats in the SBC Center. Mr. Curt
Broomfield, owner of South Beach Grill, spoke regarding the need for development in the downtown
area.
Mayor Neal announced that a preliminary meeting for the Co -Chairpersons of the Charter
Revision Committee was scheduled for this Thursday. He said that there were some Council
members who had still not appointed representatives to the committee.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 2:45 p.m. on Sleptember 9, 2003.
* * * * * * * * * * * * *