HomeMy WebLinkAboutMinutes City Council - 03/30/2004I 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 March 30, 2004, which were approved by
the City Council on April 13, 2004.
WITNESSETH MY HAND AND SEAL, this the 13`" day of April 2004.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
March 30, 2004 - 9:00 a.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Mark Scott
Council Members:
Brent Chesney (Arrived at 9:09 a.m.)
Javier D. Colmenero
Melody Cooper (Arrived at 9:08 a.m.)
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Council Member Kelly and the Pledge of Allegiance to the United
States flag was led by Council Member Colmenero. 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 March 23, 2004. A motion was made and passed to approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Neal called for consideration of the consent agenda (Items 2-16). City Secretary
Chapa announced that Item 8 would be considered under the regular agenda. Council members
requested that Item 5 be discussed. There were no comments from the audience. A motion was
made and passed to approve Items 2 through 16, constituting the consent agenda, except for Items
5 and 8. City Secretary Chapa polled the Council for their votes as follows:
2. MOTION NO. 2004-116
Motion approving the purchase of two (2) sport utility vehicles (SUV's) from the Houston -
Galveston Area Council of Government (HGAC), for the total amount of $51,581.40. The
award is based on the cooperative purchasing agreement with HGAC. The vehicles will be
used by the Police Department. Funding is available from the FY 2003-2004 Capital Outlay
Budget in the Maintenance Services Fund.
The foregoing motion was passed and approved with the following vote: Neal, Colmenero,
Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent.
Minutes - Regular Council Meeting
March 30, 2004 - Page 2
3.a. MOTION NO. 2004-117
Motion authorizing the City Manager or his designee to accept grant funding in the amount
of $25,000 from the Texas Department of Transportation for an Impaired Driving
Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement
overtime within the Police Department and to execute all related documents.
The foregoing motion was passed and approved with the following vote: Neal, Colmenero,
Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent.
3.b. ORDINANCE NO. 025682
Ordinance appropriating $25,000 from the Texas Department of Transportation for funding
of an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for
DWI enforcement overtime within the Police Department in No. 1061 Police Grants Fund.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye";
Chesney and Cooper were absent.
4.a. MOTION NO. 2004-118
Motion authorizing the City Manager or his designee to accept a contract from the Area
Agency on Aging of the Coastal Bend for the continuation of the FY 2004 Elderly Nutrition
Program.
The foregoing motion was passed and approved with the following vote: Neal, Colmenero,
Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent.
4.b. MOTION NO. 2004-119
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$196,830 from the Texas Department of Human Services for the FY 2004 Title XX Meals
on Wheels Program.
The foregoing motion was passed and approved with the following vote: Neal, Colmenero,
Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent.
4.c. ORDINANCE NO. 025683
Ordinance appropriating a grant in the amount of $196,830 from the Texas Department of
Human Services for the FY 2004 Title XX Meals on Wheels Program in the No. 1067 Park
and Recreation Grant Fund.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye";
Chesney and Cooper were absent.
Minutes - Regular Council Meeting
March 30, 2004 - Page 3
6. MOTION NO. 2004-121
Motion authorizing the City Manager or his designee to execute Amendment No.1 to a
Contract for Professional Services with Goldston Engineering, Inc., of Corpus Christi, Texas
in the amount of $137,948.75 for a total restated fee of $437,523.75 for Capital Improvement
Program Project Development Assistance.
The foregoing motion was passed and approved with the following vote: Neal, Colmenero,
Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent.
7. MOTION NO. 2004-122
Motion authorizing the City Manager or his designee to execute Change Order No. 8 for the
Multi -Purpose Arena with Fulton Coastcon, Joint Venture, of Corpus Christi, Texas in the
amount of $362,039 for various architectural, electrical, and mechanical modifications.
The foregoing motion was passed and approved with the following vote: Neal, Colmenero,
Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent.
9. MOTION NO. 2004-124
Motion authorizing the City Manager or his designee to execute a construction contract with
Hoover Construction, of Burnet, Texas in the amount of $649,214.51 for the State Highway
44 Clarkwood By -Pass Utility Adjustments Project.
The foregoing motion was passed and approved with the following vote: Neal, Colmenero,
Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent.
10. MOTION NO. 2004-125
Motion authorizing the City Manager or his designee to execute a Utility Easement
instrument with Eloy H. Salazar and Ricardo A. Martinez in the amount of $25,080 for
Parcel 406, necessary for the Southside Water Transmission Main, Phase 4 Project and for
other municipal purposes.
The foregoing motion was passed and approved with the following vote: Neal, Colmenero,
Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent.
11. MOTION NO. 2004-126
Motion authorizing the City Manager or his designee to execute Change Order No. 7 with
IHS Construction, of Corpus Christi, Texas in the amount of $128,395 for Street Resurfacing
on South Staples Street from Gollihar Road to Williams Drive for additional traffic control
and lane widening. (BOND ISSUE 2000)
The foregoing motion was passed and approved with the following vote: Neal, Colmenero,
Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent.
Minutes - Regular Council Meeting
March 30, 2004 - Page 4
12. MOTION NO. 2004-127
Motion authorizing the City Manager or his designee to execute Change Order No. 3 to the
contract with Reynolds, Inc., of Orleans, Indiana in the amount of $199,061 for Broadway
Basin SSO-I/I and Rehabilitation Stage 2-A Rebid for immediate and necessary repairs to
severely deteriorated collection system major trunk lines.
The foregoing motion was passed and approved with the following vote: Neal, Colmenero,
Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent.
13. MOTION NO. 2004-128
Motion authorizing the City Manager to execute a Deferment Agreement with Hogan
Development Company, L.P. (Developer) in the amount of $728,481.66 for public
improvements including street pavement, curb, gutter, and sidewalks and storm water lines
for the future street construction improvements to Corsica Road, Spanish Wood Drive, and
Tapestry Street within the Barclay Grove, Unit 9 A Subdivision, in accordance with the
Platting Ordinance Section V -Required Improvements, Subsection A.3.b.
The foregoing motion was passed and approved with the following vote: Neal, Colmenero,
Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent.
14.a. MOTION NO. 2004-129
Motion authorizing the City Manager or his designee to amend the scope of work for the
Community Development Block Grant FY 2002 Neighborhood Centers of Corpus Christi
project and reinstate and extend the contract term through November 30, 2004.
The foregoing motion was passed and approved with the following vote: Neal, Colmenero,
Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent.
14.b. MOTION NO. 2004-130
Motion authorizing the City Manager or his designee to amend the scope of work for the
Community Development Block Grant FY 2003 Garcia Arts Education Center Area Street
Improvements Phase 1 and 2.
The foregoing motion was passed and approved with the following vote: Neal, Colmenero,
Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper were absent.
Minutes - Regular Council Meeting
March 30, 2004 - Page 5
15.a. RESOLUTION NO. 025684
Resolution supporting the construction and permitting of a Corpus Christi LNG Facility by
Corpus Christi LNG, L.P., an affiliate of Cheniere Energy, Inc.
The foregoing resolution was passed and approved with the following vote: Neal,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper
were absent.
15.b. RESOLUTION NO. 025685
Resolution supporting the construction and permitting of a San Patricio LNG Facility by
Vista del Sol LNG Terminal, L.P., an affiliate of Exxon Mobil.
The foregoing resolution was passed and approved with the following vote: Neal,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper
were absent.
15.c. RESOLUTION NO. 025686
Resolution supporting the construction and permitting of an LNG receiving terminal by
Occidental Energy Ventures Corporation.
The foregoing resolution was passed and approved with the following vote: Neal,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Cooper
were absent.
16. ORDINANCE NO. 025687
Amending the Zoning Ordinance of the City of Corpus Christi by amending sections 4A-2,
4B-2, 4C-2, 5-2, 6B-2, 8-2, 8A-2, and 9-2 to allow for temporary non -illuminated signs
pertaining to the lease, hire, or sale of a building or premises on which the sign is located,
with certain parameters. (First Reading 03/23/04)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney
and Cooper were absent.
Mayor Neal opened discussion on Item 5 regarding the Velocity Games. In response to
Council Member Colmenero's question, City Engineer Angel Escobar replied that the Velocity
Games were being held at McGee Beach this year instead of Cole Park, last year's site. Mr.
Kinnison asked if this was the only area the Velocity Games was going to use this year. Assistant
City Manager Margie Rose answered affirmatively. City Secretary Chapa polled the Council for
their votes as follows:
Minutes - Regular Council Meeting
March 30, 2004 - Page 6
5. MOTION NO. 2004-120
Motion approving the application from Idea Worldwide, L.L.C. to temporarily close the
following street sections for the Velocity Games:
a. East Shoreline Boulevard (northbound), including the parking lane, from Furman
Avenue to Park Avenue, maintaining an 18 -foot emergency lane on the east side of
this section beginning at 6:00 a.m. on Tuesday, May 25, 2004 until Tuesday, June
1, 2004 at 12:00 a.m.
b. East Shoreline Boulevard (northbound) from Park Avenue to Coopers Alley,
maintaining an 18 -foot emergency lane and traffic circulation lane on the west side
of this section beginning at 6:00 a.m. on Tuesday, May 25, 2004 until Tuesday, June
1, 2004 at 12:00 a.m.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
*************
Mayor Neal deviated from the agenda, and opened discussion on Item 8 regarding the
Construction Manager At Risk contract for the baseball stadium. City Secretary Chapa announced
that Mr. Kelly was abstaining from the vote and discussion on this item. Mr. Kevin Stowers,
Assistant Director of Engineering Services, stated that this item was a significant step forward in the
development of the stadium. He said the negotiated price was within budget and included all of the
essential elements the team had requested for the stadium. He noted that the price was subject to
change as the bids were received from the subcontractors, but it would not exceed the guaranteed
maximum price of $21.46 million.
City Manager Noe commented that the project was on an extremely fast track, and this item
would help the city stay on track for the stadium's start date in 2005. He also pointed out that the
price was higher than originally estimated, but the 4A Board had indicated that the additional funds
could be taken from their sales tax proceeds. Finally, he stated that the guaranteed maximum price
represented the "ceiling" for the project, because once the city received the bids from the
subcontractors, the price could be lower.
Council Member Scott asked if the maximum guaranteed price included the family
entertainment features that had previously been discussed, e.g. the swimming pool and the family
play area. City Manager Noe answered affirmatively, saying that these features were included in
the lease agreement to ensure their inclusion in the facility. There were no comments from the
audience.
Minutes - Regular Council Meeting
March 30, 2004 - Page 7
8. MOTION NO. 2004-123
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
Construction Manager at Risk Contract with Fulton Coastcon and Hunt Construction Group,
Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana establishing a Guaranteed
Maximum Price of $21,460,526 for construction for the Professional Minor League Baseball
Stadium.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained.
Before moving to the next item on the agenda, Mayor Neal referred to Item 15 and
acknowledged Mr. Bill English with Corpus Christi LNG Development (an affiliate of Cheniere
Energy Inc.) and Mr. Mark Sickel with Vista Del Sol LNG Terminal (an affiliate of Exxon Mobil).
He thanked them for their commitment to developing liquid natural gas (LNG) receiving terminals
in the Corpus Christi area (ETJ).
* * * * * * * * * * * *
*
Mayor Neal referred to Item 17, and a motion was made, seconded and passed to open the
public hearing on the following item:
17.a. Public Hearing to consider Zoning Ordinance and Platting Ordinance Text Amendment:
A text amendment to the Zoning Ordinance and Platting Ordinance to increase penalties for
code violations to be consistent with State law.
Ms. Barbara Bailey, Director of Development Services, stated that the current penalties in
the Zoning Ordinance and Platting Ordinance were less than permitted by law. She said this item
would increase the penalties for code violations to be consistent with state law. Mayor Neal asked
if the city was going to enforce these penalties. Ms. Bailey replied that the maximum fines would
only be assessed under extraordinary circumstances. City Manager Noe added that this item was
a direct result of the city's efforts to ensure that its ordinances provide the tools needed to pursue
code violators, to the full extent of the law if necessary.
No one spoke in opposition to the text amendments. Mr. Chesney made a motion to close
the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their
votes as follows:
17.b. FIRST READING ORDINANCE
Amending the Zoning Ordinance of the City of Corpus Christi by revising Section 35-3, by
changing the maximum fine amount from $1,000 to $2,000.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye".
Minutes - Regular Council Meeting
March 30, 2004 - Page 8
17.c. FIRST READING ORDINANCE
Amending the Platting Ordinance of the City of Corpus Christi by revising Section XI -
Penalties, by changing the maximum fine amount from $100 to $500.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye".
Mayor Neal referred to Item 18, and a motion was made, seconded and passed to open the
public hearing on the following item:
18.a. Public hearing to consider an amendment to the Preservation Plan, An Element of the
Comprehensive Plan, by designation of 402 Peoples Street as a "Potential Landmark".
Ms. Bailey explained that Mr. Glenn Peterson was requesting that his property on 402
Peoples Street, formerly the City National Bank, be designated as a "Potential Landmark". She said
this designation would effectively stay demolition of the building for 30 days should any changes
need to be made. She also said that the Landmark Commission and the Planning Commission are
in favor of the designation.
Mayor Neal remarked that the building had been remodeled extensively so that it no longer
held its original appearance. He asked how this affected its designation as a potential landmark.
Ms. Bailey responded that the building's exterior was changed in the 1950s and 1970s, but she said
the original exterior was found to be intact and could be restored.
Mr. Kelly asked how the property owner planned to restore the building. Ms. Bailey
answered they were seeking funding sources, and it would probably be restored in the near future.
Mayor Neal expressed his concern that the city was creating another "Old Nueces County
Courthouse"that would remain vacant for decades. Ms. Faryce Goode -Macon, City Planner, replied
that the building was being used for office space, and it was 75 percent occupied. She said Mr.
Peterson had initially requested a higher classification of preservation, but the Landmark
Commission denied it because of the same concerns the Council had raised about the facade. Thus,
she said they only approved a "Potential Landmark" classification, which provided a 30 -day stay
of demolition. After the 30 -day stay, she said the building could be demolished.
No one appeared in opposition to the amendment to the Preservation Plan. Mr. Colmenero
made a motion to close the public hearing, seconded by Mr. Chesney, and passed. City Secretary
Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
March 30, 2004 - Page 9
18.b. FIRST READING ORDINANCE
Amending the City of Corpus Christi Preservation Plan, An Element of the Comprehensive
Plan, by designating property located at 402 Peoples Street as a "Potential Landmark" and
by adding that one property that has been designated as a potential landmark within the
Preservation Plan.
The foregoing ordinance was passed and approved on its first reading as follows: Neal,
Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal referred to Item 19, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 0204-05, Richard O. Serna: A change of zoning from a "R -1B" One -family
Dwelling District to a `B-1" Neighborhood Business District. The property is on Tracy
Subdivision, Block 6, Lot 3, located along Elizabeth Street to the west and 100 feet north of
Baldwin Boulevard.
City Secretary Chapa said the Planning Commission and staff recommended the approval
of a `B-1" Neighborhood Business District.
No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the
public hearing, seconded by Mr. Colmenero, and passed. City Secretary Chapa polled the Council
for their votes as follows:
19. ORDINANCE NO. 025688
Amending the Zoning Ordinance, upon application by Richard Serna by changing the zoning
map in reference to Tracy Subdivision, Block 6, Lot 3 from "R -1B" One -family Dwelling
District to "B-1" Neighborhood Business District; and amending the comprehensive plan to
account for any deviations from the existing comprehensive plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Mayor Neal referred to Item 20, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0204-06, Maurice C. Hunsaker and Walter Day: A change of zoning from a "F -R"
Farm -Rural District to a "R -1C" One -family Dwelling District. The property is on Flour
Bluff and Encinal Farm and Garden Tracts, Section 26, being 19.98 acres out of Lot 12,
located along County Road 26-A to the north and 2,000 feet east of Rodd Field Road.
City Secretary Chapa said the Planning Commission and staff recommended the approval
of the "R -1C" One -family Dwelling District.
Minutes - Regular Council Meeting
March 30, 2004 - Page 10
No one spoke in opposition to the zoning change. Mr. Chesney made a motion to dose the
public hearing, seconded by Ms. Cooper, and passed. City Secretary Chapa polled the Council for
their votes as follows:
20. ORDINANCE NO. 025689
Amending the Zoning Ordinance, upon application by Maurice C. Hunsaker and Walter Day
by changing the zoning map in reference to Flour Bluff and Encinal Farm and Garden Tracts,
being 19.98 acres out of Lot 12, Section 26 from "F -R" Farm -Rural District to "R -1C" One -
family Dwelling District; and amending the comprehensive plan to account for any
deviations from the existing comprehensive plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye";
Colmenero was absent.
Mayor Neal referred to Item 21, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 0204-07, James Paul Allison and Doug Adams: A change of zoning from a "F -R"
Farm -Rural District to a "I-3" Heavy Industrial District. The property is on Bohemian
Colony Lands, Section 14, being 10 acres out of Lots 1 and 8, located along Saratoga
Boulevard to the south and west of State Highway 286.
City Secretary Chapa said the Planning Commission and staff recommended the denial of
the "I-3" District, and, in lieu thereof, approval of a "I-2" Light Industrial District.
Ms. Bailey stated that the "1-3" District allowed for intensive uses that would be
inappropriate for the neighborhood. She said the surrounding areas were either zoned "F -R" Farm -
Rural District or "I-2" Light Industrial District. She said the "I-2" Light Industrial District seemed
to be more compatible with the future development patterns in the area. She reported that the
applicants were informed of the recommended change, and they concur with the Planning
Commission's and staff's recommendation.
Mr. Noyola asked what the applicant's plans were for development of the area. Ms. Bailey
replied that they were planning industrial, office and warehouse uses.
No one spoke in opposition to the zoning change. Ms. Cooper made a motion to close the
public hearing, seconded by Mr. Colmenero, and passed. City Secretary Chapa polled the Council
for their votes as follows:
Minutes - Regular Council Meeting
March 30, 2004 - Page 11
21. ORDINANCE NO. 025690
Amending the Zoning Ordinance, upon application by James Paul Allison and Doug Adams
by changing the zoning map in reference to Bohemian Colony Lands, being 10 acres out of
Lots 1 and 8, Section 14, from "F -R" Farm -Rural District to "I-2" Light Industrial District;
and amending the comprehensive plan to account for any deviations from the existing
comprehensive plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Mayor Neal referred to Item 22, and a motion was made, passed and seconded to open
discussion on the following zoning case:
Case No. 0204-08, Hogan Development Company, L.P.: A change of zoning from a "F -R"
Farm -Rural District to a "R -1C" One -family Dwelling District. The property is on Flour
Bluff and Encinal Farm and Garden Tracts, Section 32, being 50.484 acres out of Lots 15,
16, 17, 22, and 23, located along Wooldridge Road to the south and east of Rodd Field Road.
City Secretary Chapa said the Planning Commission and staff recommended the approval
of the "R -1C" One -family Dwelling District.
No one spoke in opposition to the zoning change. Ms. Cooper made a motion to close the
public hearing, seconded by Mr. Chesney, and passed.
Mr. Kinnison asked if there were any plans to improve Wooldridge Road because of the
traffic demands being created by the new development in the area. City Manager Noe replied that
the overall plan for the tract called for updating Wooldridge Road, and perhaps extending SPUR 3
through the tract. He said staff was working cooperatively to identify the needs for the area. City
Secretary Chapa polled the Council for their votes as follows:
22. ORDINANCE NO. 025691
Amending the Zoning Ordinance, upon application by Hogan Development Company, LP
by changing the zoning map in reference to Flour Bluff and Encinal Farm and Garden Tracts,
being 50.484 acres out of Lots 15, 16, 17, 22, and 23, Section 32 from "F -R" Farm -Rural
District to "R -1C" One -family Dwelling District; and amending the comprehensive plan to
account for any deviations from the existing comprehensive plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
* * * * * * * * * * * * *
Mayor Neal referred to the presentations on the day's agenda. The first presentation was
Minutes - Regular Council Meeting
March 30, 2004 - Page 12
Item 23, a Crime Control and Prevention District Proposed FY 2004-2005 Budget and Project
Update. Ms. Linda Bridges, Chairman of the Crime Control and Prevention District Board, stated
that the board's budget philosophy was to look at the budget over a five-year period. She said they
were trying to make decisions this year that would help over the long-term.
Chairman Bridges said the Crime Control District was continuing to fund the following
programs in FY 2004-2005: 50 officers; Juvenile Assessment Center; and the three MIS positions
assigned to MDC (Mobile Data Computer)/AVL (Automated Vehicle Location System) project and
CAD/RMS project. She said these programs comprised the core of the budget for FY 2004-2005.
She said the allocation of the 50 police officers funded through the district was done at the discretion
of the Police Department, based on need. She said it included 8 directed patrol officers, who were
an integral part of the 50 officer complement.
Chairman Bridges reviewed the programs that were not funded in FY 2004-2005. She said
the Board has confirmed its past action not to renew the Pawn Shop Detail, a reduction of $68,330.
She noted that the value of property recovered through the Pawn Shop Detail program has steadily
declined from a high of $445,912 in 2001 to $16,996 in 2004. She also reported that replacement
marked vehicles were reduced from eight to five, a reduction of $65,400.
Chairman Bridges discussed further reductions to take place in FY 2005-2006. She reported
that their projections indicated that by the end of the five-year cycle, the district would primarily be
able to fund the 50 officers and the Juvenile Assessment Center. She said the board was
recommending the elimination of the Functional Analyst position responsible for the Police CAD
system, transferring it to the MIS/General Fund, a reduction of $72,433. She also said replacement
marked vehicles were being reduced from 7 to 5, a reduction of $43,600.
Chairman Bridges referred to another reduction in FY 2006-2007, the elimination of one of
two Functional Analysts responsible for the Police Mobile Data Computer/ Automated Vehicle
Location System, a reduction of $60,796. The Board recommended transferring this position to the
MIS/General Fund.
Finally, in FY 2007-2008, Chairman Richards said the board was recommending the
elimination of the Technical Specialist position, the last remaining position responsible for the
Police Mobile Data Computer/Automated Vehicle Location System. She said they recommended
transferring this position to the MIS/General Fund, a reduction of $84,306. The board also
recommended a reduction in replacement marked vehicles from 8 to 5, a savings of $65,400.
Chairman Bridges commented that the Board was concerned that as the district saw a slight
upwards trend in sales tax revenue, there was a corresponding increase in expenditures. She stated
that the increase in expenditures was primarily related to the officers. She also remarked that the
50 officers funded through the district are not meant to supplant the city's police force. She said there
was a concern that there wasn't a corresponding increase in the city's budget for police officers to
meet the increasing policing needs of the community. Finally, Chairman Bridges stated that the
Board was concerned about the future of the Juvenile Assessment Center since it had lost its federal
funding stream.
Mr. Kinnison asked what the Pawn Shop Detail program entailed. Police Commander Bryan
Minutes - Regular Council Meeting
March 30, 2004 - Page 13
Smith replied that most pawn tickets are sent to the Police department over the Internet, and stored
on a database. He said that 10 percent of the area's pawn shops, however, do not provide
computerized records; rather, they provide written copies of the tickets. He said the program
consisted of two clerks who enter the written pawn tickets into the Police department's database,
allowing for searches of stolen property against pawn shop records.
Mr. Kinnison asked what the elimination of the program would mean. Commander Smith
replied that the city was going to lose the ability to enter the written pawn tickets into the database.
Mr. Kinnison remarked that the Pawn Shop Detail program had been successful in the past, and he
asked why it had become less effective. Commander Smith replied that the program had been most
successful when a supervisor was overseeing the operation, performing proactive searches and
coordinating reports. He said an additional data entry clerk had also been assigned to the program.
When the Police department lost these two positions, he said it dramatically affected productivity.
Mr. Kinnison expressed concern that the program had been successful, but cuts made in the general
fund had affected it tremendously. He said it seemed like the city was hurting itself regarding this
program. Commander Smith answered that there was a limited amount of resources available, and
the district had to make hard choices about which programs to fund in the future. He said the Board
had been conscientious in working with the Council on these decisions.
Mr. Kinnison asked for a status report on the funding issues facing the Juvenile Assessment
Center (JAC). Ms. Mariah Boone, JAC Program Manager, replied that they have applied for
approximately 20 grants in an effort to replace the Title V grants the federal government has
eliminated. She said the Title V grants fund Judge Deanie King's position and four of six case
managers. She said she has obtained $17,000 in grant funding, which would only cover non -
personnel expenses. Unfortunately, Ms. Boone reported that there was little funding for public
social services in the current environment. She said the Title V funding would end in July, and she
did not know of any alternative funding sources outside of the city budget.
Mr. Kinnison asked what the funding level was. Ms. Boone answered that, including Judge
King's salary, the total amount was approximately $250,000. Mr. Kinnison asked Judge King to
explain what the consequences would be if the Juvenile Assessment Center did not receive this
funding. Judge King replied that the court would be inoperable without this personnel. She said she
would be submitting a supplemental budget including her position and her support staff through
Municipal Court. She said the Park and Recreation department would probably submit a
supplemental budget for the four case managers.
Ms. Debbie Marroquin, Acting Director of Management and Budget, stated that the city felt
it was vital for the community to have the Juvenile Assessment Center. Thus, she said that as the
city proceeded through the FY 2004-2005 budget process, staff would look for ways to fund the
$266,000 needed for the center. City Manager Noe echoed her sentiments.
Mr. Kinnison thanked Chairman Bridges and the rest of the Crime Control Board for their
work.
Ms. Cooper asked for a status on the JET team's efforts against gang and drug violence,
stating that there seemed to be a higher incidence this year than in previous years. Commander
Smith replied that the JET team has continued to fight gang and drug violence. He said, however,
Minutes - Regular Council Meeting
March 30, 2004 - Page 14
that the JET team could not eradicate gang activity in the community, but they could reduce gang
membership and curtail their illicit activities.
Ms. Cooper asked Commander Smith to what he attributed the recent increase in gang
activity. Commander Smith replied that he was not certain there had been an increase in activity,
perhaps just an increase in reporting. Police Chief Pete Alvarez Jr. added that the recent incidents
that had occurred were not necessarily gang -related. He said the gang problem in the community
was no better or no worse than last year.
Mr. Scott commented that it was unfortunate that the federal funding stream for juvenile
justice issues had been eliminated. Ms. Boone replied that when staff applied for the original federal
grant, they had no reason to believe that the grants would not continue. She stated, however, that
the federal government had shifted its funding priorities in response to the war effort. Ms. Pat
Eldridge, Management Assistant with the Police Department, clarified that the federal grant funding
stream has shifted to Homeland Security efforts. Commander Smith added that prevention programs
were usually the first programs to be cut because it was difficult to quantify the results.
Mr. Scott asked if rising insurance costs were to blame for the increases in expenditures in
the Crime Control District budget. City Manager Noe replied that insurance costs are significantly
under budget compared to projections. Mr. Scott commented that it would be a shame to cut the
Pawn Shop Detail program if the city were to realize a savings because expenses were lower than
anticipated. City Manager Noe and Ms. Marroquin assured Mr. Scott that staff would make
adjustments to the budget as needed as they continued through the process.
Mr. Colmenero asked how many more officers were needed to meet the growing policing
needs in the community, excluding the 50 officers funded by the district. Commander Smith replied
that before the Crime Control District was created, an average of 1.5 to 2 officers a year were added
to the general fund over a 20 -year period. He said that, to the best of his knowledge, the city has not
added any funding for officers in the general fund since the district came into existence.
Commander Smith stated that logically, over the past six years, it would be reasonable to expect
funding for an additional ten officers in the general fund.
Mr. Colmenero asked if the decrease in officers was due to attrition. Commander Smith
replied that attrition was a factor, and there have been a number of 20 -year retirements as well. He
said the general fund has 395 budgeted positions, 3 positions funded through grants, and 50 through
the Crime Control District. He said the general fund is only funding 378 officers at this time, a
decrease of 17 officers. He noted that a 15 -member police academy class will graduate in
December, but by then the attrition rate will probably account for an additional reduction of 15
officers. Mr. Colmenero asked what the retention rate was for the academy. Commander Smith
replied that it was high. City Manager Noe added that the recent improvements in retirement
benefits could also explain the increase in retention rates. He said staff would discuss the timing and
number of an academy for next fiscal year in the budget process.
Finally, Mr. Colmenero spoke in support of the Pawn Shop Detail program, suggesting that
the pawn shop industry could partner with the city to keep the program alive. He was concerned that
the crime rate would increase dramatically without the program. Commander Smith said the pawn
shops were already cooperating tremendously with the city, achieving a 90 percent program
Minutes - Regular Council Meeting
March 30, 2004 - Page 15
cooperation rate. He said the district was looking for the potential of any one-time expenditure they
could use to aid property recovery efforts.
Mr. Noyola remarked that the voters had approved the continuation of the district primarily
to fund its core programs, an additional 50 police officers and the Juvenile Assessment Center.
Chairman Bridges commented that this was the board's perspective as well. Mr. Noyola said the city
had an obligation to fund these programs in the absence of any federal funding.
Mr. Noyola asked why the district had an ending balance of $2 million budgeted in FY 2003-
2004, decreasing in subsequent years to approximately $700,000 in FY 2007-2008. Chairman
Bridges responded that the Board's concern was, although it was highly unlikely, that if the district
was not renewed in FY 2007-2008, there were a number of costs that would continue past the
district. Thus, she said the Board felt there needed to be some cushion in the budget.
Mr. Garrett asked for a status of overtime in the communications divisions. Ms. Eldridge
replied that the technical services division (Metrocomm) was currently at 75 percent of budget for
overtime, and staff anticipated exceeding the budget for overtime. Mr. Garrett asked if staffing cuts
were responsible for the increase in overtime. Ms. Eldridge replied that this was probably one of
the reasons. City Manager Noe added that staff was working on better retention for these positions,
but it was still a challenge. Mr. Garrett expressed concern about excessive fatigue for those
employees working overtime, and he asked City Manager Noe to try to replace the positions to
alleviate the problem.
Mr. Garrett asked if the city was going to lose the Juvenile Assessment Center. Mr. Noe
replied that ultimately, this was a budget decision, but staff was committed to finding a way to fund
the personnel in next year's general fund budget. Mr. Garrett spoke in support of the continuation
of the Juvenile Assessment Center.
Chairman Bridges concluded that the district was on schedule for its public hearing for the
Crime Control District budget, scheduled for April 21, and anticipated budget adoption on May 5.
Mayor Neal thanked the Board and staff for their efforts in making the program a success.
* * * * * * * * * * * * *
Mayor Neal deviated from the agenda, and opened discussion on Item 30 regarding the city's
Industrial District Agreement. City Manager Noe stated that the city's current industrial district
contracts expire on December 31, 2004. He said staff has been working closely with the Port
Industries for several months to negotiate new ten-year contracts. He said there were a number of
changes in the agreement which were a benefit to both the city and the Port Industries, and he asked
Assistant City Manager Mark McDaniel to provide a report.
Assistant City Manager Mark McDaniel thanked the industry negotiation team, comprised
of Flint Hills, Valero, CITGO, Equistar, and Mr. Tom Curlee with the Port Industries. He especially
thanked Mr. Roger Ten Napel for his efforts.
Mr. McDaniel said the city first became involved in industrial districts in 1981-82. He said
the Industrial District contracts have been renewed and revised several times since its inception
Minutes - Regular Council Meeting
March 30, 2004 - Page 16
(about every ten years). He said there were over 60 separate agreements that would expire on
December 31, 2004. He said the total amount of revenues generated from the industrial districts was
$6 million.
Mr. McDaniel discussed the proposed new agreements. He said staff wished to maintain the
one standard form or master agreement used previously. He said the term of the agreement was
January 1, 2005 through December 31, 2014. Mr. McDaniel said the base calculation for payments
in lieu of taxes remained the same - the city's tax rate per $100 valuation multiplied by the
following: land - 100% of value; improvements - 60% of value; and new improvements - 6-58% of
value Years 1-8, respectively. He said the rate would go to 60% in Year 9.
Mr. McDaniel reviewed two new features in the agreement. First, he said they had added
an improvement qualification, stipulating that the improvement must be at least $3 million in a
single year. Second, Mr. McDaniel said a floor and cap was set on the value increase per year as
follows: new improvements were accelerated to meet 3 percent minimum; and value over 6 percent
was deferred. Third, he said the industry asked for and staff has agreed to additional flexibility for
fire protection. Finally, he said there was a provision regarding water service, stipulating that if the
industry takes more than 10 percent of their water needs from another source, they must give the city
six months' notice. In addition, he said there was an acknowledgment statement in the agreement
stating that the city is the regional water source, and emphasizing its importance.
Mr. McDaniel pointed out that there was a substitute Exhibit A, which added a reference to
an ordinance passed last time, and also changed a date from 1995 to December 15, 2004. He said
the ordinance would have its second reading at the Council's next meeting.
Mayor Neal thanked staff and the city's industry partners for their efforts in making this
agreement. He said this was one of the high points of this Council session because it guaranteed the
city a measure of stability in the future. There were no comments from the audience.
Mr. Scott made a motion to amend the item as detailed by Mr. McDaniel, seconded by Mr.
Colmenero, and passed. City Secretary Chapa polled the Council for their votes as follows:
30. FIRST READING ORDINANCE
Amending Ordinance No. 15898, as amended, by approving a Revised Standard Form
Industrial District Agreement; and authorizing the City Manager or his designee, to execute
Industrial District Agreements based on the Revised Standard Form Industrial District
Agreement and to file the Industrial District Agreements in the Official Records of the
county where the affected land is located.
The foregoing ordinance was passed and approved as amended with the following vote:
Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye".
* * * * * * * * * * * * *
Mayor Neal deviated from the agenda, and referred to the second presentation on the day's
Minutes - Regular Council Meeting
March 30, 2004 - Page 17
agenda, Item 24, regarding the Padre Island Desalination Plant Facility Analysis and Siting Plan,
Stage 1, Phase 2. Mr. Jonathon Howard, Project Manager with Carollo Engineers, first reviewed
Stage 1, Phase 1 of the project as recommended in June 2003. He said the recommended project
capacity was 3.0 mgd, consisting of the following components: Chicot Aquifer HDD well field; 1.0
mgd RO (Reverse Osmosis) facility, with buildings and infrastructure to support 5 mgd capacity);
2.0 mgd ASR (Aquifer Storage and Recovery) capacity; deep well injection by-product disposal;
site work and transmission piping; and upgrades to existing Padre Island pump station. He said the
estimated cost was $23.2 million, including contingencies (±30 percent).
Mr. Howard then reviewed the tasks of the authorized work for Stage 1, Phase 2 of the
project. He said the tasks were as follows: validation studies; population and water demand
analyses; hydraulic modeling for Padre Island; water supply alternatives; pump station evaluation;
pilot plant evaluation; and detailed facilities design. Regarding the validation study, Mr. Howard
said the purpose was to confirm technical information (and costs) used to develop the June 2003
recommended project. He said two test borings and one test well were planned as part of the
validation studies to confirm aquifer hydraulic characteristics associated with ASR and aquifer water
quality associated with RO. He noted that the tests were originally scheduled for completion at the
end of December 2003, but, due to the unusually wet weather this fall, the tests would not be
completed until the end of next month. Currently, he said the two boring were complete, and the
test well under construction.
Mr. Howard discussed the results of the validation studies to date. Regarding ASR, he said
the early conclusion was that ASR feasibility was confirmed. In fact, he said they were seeing better
conditions than anticipated. He said the results of the test well would determine whether to move
forward with the initial ASR production phase. Regarding the RO supply, he said the salinity levels
were higher than expected (4,000 to 12,000 mg/L, compared with the estimated 3,000 mg/L from
the original study). Thus, he said the RO treatability and costs would probably increase, and the
costs would be revised as necessary by the end of June.
Mr. Howard reviewed the population and water demand projections for Stage 1, Phase 2 of
the project. He said the purpose of this task was to refine water demands over time to provide a
basis for planning and phasing improvements. He said the population projections were developed
in conjunction with the Planning Department. He said they were used for these studies and for the
Mustang -Padre Island ADP. He noted that Packery Channel appeared to be a significant catalyst
for growth on the Island.
Regarding the water demand projections, he said they were based on historic service area
billing data. Mr. Howard said their ultimate maximum day demand projections were 250 percent
higher than the 1997 projections. Council Member Scott asked why there was such a discrepancy
between the 1997 projections and current projections. City Engineer Angel Escobar said that the
1997 projections were made before the existence of the Packery Channel project. Assistant City
Manager Ron Massey added that the 1997 projections may have underestimated the water usage for
the Port Aransas area. Mr. Howard stated that their revised ultimate Peak Hour Demands (PHD)
projections were 300 to 350 percent higher than 1997 projections, but he noted they were subject
to interpretation of TCEQ's regulations.
Mr. Howard reported on the status of the other tasks for Stage 1, Phase 2. First, he said the
Minutes - Regular Council Meeting
March 30, 2004 - Page 18
hydraulic modeling for the Island primarily served as a support activity for facility siting and sizing.
Second, he said the water supply alternatives had been screened down from 288 to 26 total
alternatives, concentrating on six "pipelines -only" alternatives. He said the remaining
Pipeline/ASR/RO combination alternatives would be reviewed pending results from the validation
studies. Third, he said the RO pilot remained unauthorized.
Mr. Howard then discussed the emerging results from the work to date. He categorized the
results by both type of improvement (storage, transmission capacity / water supply) and planning
horizon (short-term, near-term and long-term). Regarding the short-term improvements (July,
August, and September 2004), he said they were driven by immediate need for service
improvements, and thus, they need to be implemented in Spring 2004. He said the near-term
improvements (until 2010) were driven by near-term demands and the need for service
improvements. He said the implementation for near-term improvements was anticipated during the
next two years. Regarding the long-term improvements (beyond 2010), he said they were
recommended for implementation proportional to population and water demand increases in the
service area.
Mr. Howard briefed the Council on the specific short-term improvements being
recommended to date. He said they were currently implementing the initial ASR phase to address
storage needs. He said transmission capacity and water supply needs were being addressed by
confirming sizing and costs of the Laguna Madre Crossing. He said pumping capacity needs were
being addressed by implementing short-term modifications to accommodate Summer 2004 demands.
Finally, he said the detailed facilities design was proceeding with ASR initial production phase and
Pump Station design work.
Mr. Howard then discussed specific near-term improvements that were being recommended
to date. He said storage needs could be addressed by evaluating continued ASR expansion and
adding elevated storage. He said transmission capacity and water supply needs could be addressed
by increasing the transmission capacity across the Laguna Madre and by evaluating the condition
of the existing 24 -inch pipe. Mr. Howard said the pumping capacity could be addressed by
increasing the pumping capacity at least through 2010.
Finally, Mr. Howard discussed specific long-term improvements that were being
recommended to date. He said storage needs could be addressed by further increasing ASR
consistent with demonstrated capacity and adding ground and elevated storage. He said
transmission capacity and water supply needs could be addressed by reinforcing mainland
transmission capacity or otherwise replacing "borrowed" capacity with a new water source. He said
the pumping capacity needs could be addressed through further capacity increases at the existing
pump station site and/or addition of a second pump station at the south end of the service area. In
addition, he said improvements to the mainland pumping stations could address pumping capacity
needs.
Mr. Howard reviewed the schedule for the remaining work. He said the validation report
and the water supply alternatives report were scheduled for completion by June 30, 2004. He said
the water supply alternative report would include final recommendations for near-term and long-
term water supply improvements. Regarding the short-term pump station improvements, he said
they were scheduled for completion prior to the Summer 2004 peak demands. Due to the quick
Minutes - Regular Council Meeting
March 30, 2004 - Page 19
timeline, he said the project cannot be completed using standard procurement. Rather, the city
purchase of major equipment and installation would be done via change order to an existing city
construction contract. He said the ASR initial production phase would be on-line by the end of
2005. Finally, he said the RO pilot plant work was subject to future Council authorization.
Council Member Scott asked what the city was doing to address the island's water needs this
summer. Mr. Howard replied that they were adding two more pumps, an emergency generator, and
some yard piping to address the island's needs. Assistant City Manager Massey added that the
pumps would keep the Island's system pressurized. He said the work was compatible with the work
being done on the Southside transmission main. Mr. Scott asked staff to draft a memo for
distribution to inform island residents about the improvements. Mr. Scott asked how much the city
has spent on the Southside transmission line improvements. Assistant City Manager Massey replied
that the city has spent approximately $27 million to date. Mr. Scott asked that staff communicate
the resources being spent and relate the nature of the improvements to the residents so they know
the city is addressing their needs.
Mr. Scott asked if there were any concerns about ASR at this point, specifically regarding
subsidence. Mr. David Pine with ASR Systems replied that the early numbers from the test well
were very encouraging, but they needed more information before making a final recommendation.
He said the results to date indicated that the site by the fire station on Mustang Island appeared to
be the best ASR site in the area.
Mr. Kelly asked if the improvements would alleviate the water pressure problems in the
Northwest area. Assistant City Manager Massey answered that the Northwest area should have
more stable, high water pressure as a result of the Southside transmission main improvements. Mr.
Ed Garana, Director of the Water Department, stated that there may be a period of rebalancing the
water system, but the improvements should address the problems in the Northwest area.
* * * * * * * * * * * * *
Mayor Neal opened the discussion on Item 25 regarding the Southside Transmission Main
project. Mr. Scott asked if project had initially been budgeted at $500,000. City Engineer Escobar
answered affirmatively, but said the new price was approximately $615,000. There were no
comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
25. MOTION NO. 2004-131
Motion authorizing the City Manager or his designee to execute an amendment to a Contract
for Professional Services with Urban Engineering, of Corpus Christi, Texas in the amount
of $615,245 for the Southside Transmission Main, Phase 6 - Laguna Madre Pipeline
Crossing Permitting.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal opened discussion on Items 26 through 29 regarding changes to littering and
premises sanitation ordinances. City Manager Noe explained that these changes were designed to
Minutes - Regular Council Meeting
March 30, 2004 - Page 20
improve the quality of life in the city's neighborhoods by making the current regulations stricter,
more specific, and easier to enforce. He noted, for example, that the city did not currently have an
ordinance on the books prohibiting littering.
Council Member Chesney asked about the enforcement measures for these ordinances. City
Manager Noe replied that the city has added more code enforcement officers, given them the power
to write tickets, and provided them with additional training to augment enforcement. Mr. Chesney
remarked that police officers should also assist in enforcement efforts as much as possible. City
Manager Noe agreed, and also said that staff was working on a public information campaign to
encourage citizens to keep the city clean. Mr. Chesney asked staff to provide information on how
many littering tickets the city has given out to date.
In response to Council Member Scott's question, City Manager Noe stated that the ordinance
was easier to enforce partly because the city no longer has to prove intent. Mr. Scott also asked for
a report on the Spring Break activities. He spoke in support of the changes to the ordinance, and
asked staff to engage in an aggressive marketing campaign to inform the public.
Council Member Noyola spoke in support of a marketing campaign, suggesting the use of
utility bills as a way to disseminate the information. He also asked how the city would handle illegal
dumping in alleys. City Manager Noe answered that Solid Waste Services employees conduct
investigations to try to identify individuals responsible for illegal dumping. He also said the
property owner was notified that illegal dumping has occurred, and that they are responsible for
cleaning it up. Mr. Noyola also said the Solid Waste Services crews should also help in the effort
when possible.
Council Member Kelly stated that the changes were a step in the right direction. He
expressed concern, however, that the strict liability clause in the ordinance would make it difficult
to assist those property owners with special circumstances (e.g. elderly widow with no resources).
City Manager Noe answered that the city routinely works with property owners to achieve voluntary
compliance. He said the key was to be flexible when appropriate. Mr. Kelly asked what the
consequences were for unpaid fines. Chief Municipal Court Judge Rodolfo Tamez replied that the
consequence for an unpaid fine could be arrest and incarceration, and a charge of $100 per day in
jail. He said if the person was indigent, however, these punishments would not apply. Finally, Mr.
Kelly suggested that meter readers could also identify hot spots in the city.
Council Member Colmenero agreed that meter readers could be used to identify problem
neighborhoods. He spoke in support of the revisions to the ordinances.
Mayor Neal asked for public comment. Mr. Phil Rosenstein spoke in support of the revisions
to the ordinance, especially regarding those prohibiting littering in alleys. Mr. Jack Gordy, 4118
Bray, spoke in support of the revisions to the ordinances, but he was concerned about enforcement.
City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
March 30, 2004 - Page 21
26. FIRST READING ORDINANCE
Amending Section 1-6 of the Code of Ordinances relating to general penalties; enacting
Subsection 1-6.1 relating to continuing violations.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye".
27. FIRST READING ORDINANCE
Amending Section 23-63 of the Code of Ordinances relating to depositing garbage in a
public place.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye".
28. FIRST READING ORDINANCE
Amending Section 23-67 of the Code of Ordinance relating to permitting accumulation of
filth on lots.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye".
29. FIRST READING ORDINANCE
Amending Section 23-68 of the Code of Ordinance relating to permitting weeds and rubbish
on lots.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye".
Mayor Neal called for a brief recess to present proclamations.
* * * * * * * * * * * * *
The Council returned from recess, and Mayor Neal called for petitions from the audience.
Mr. Sirfrederickvonusa King 7`s, 905 Cleveland Street #4, spoke regarding his plans to run for
political office. Mr. Jack Gordy, 4118 Bray, spoke regarding his concerns that the city was allegedly
using CDBG funds to pay for the Chamber of Commerce membership dues for City Council
members. Ms. Angie Gonzalez, 313 Virginia, spoke regarding her complaint against Police Captain
John Houston. Ms. Agnes Horn also spoke regarding Ms. Gonzalez's complaint against Captain
Houston. Mr. Wayne Hodge, President of the Corpus Christi Police Officers Association, spoke
Minutes - Regular Council Meeting
March 30, 2004 - Page 22
regarding his concerns about the city's car impound lot.
* * * * * * * * * * * * *
Mayor Neal announced the executive sessions, which were listed on the agenda as follows:
31. Executive session under Texas Government Code Section 551.071 regarding claim and
potential litigation involving the Animal Control Facility, with possible discussion and
action related thereto in open session.
32. Executive session under Texas Government Code Section 551.071 regarding Cause No. 98-
61993-3, George Kines Taylor and Sandra G. Taylor, as Independent Co -Executors of the
Estate of Fay K. Taylor, Jennifer Taylor Labrie, and George Kelley Taylor vs. City of
Corpus Christi, Texas, et al, in the County Court at Law No. 3, Nueces County, Texas, with
possible discussion and action related thereto in open session.
The Council went into executive session.
* * * * * * * * * * * * *
The Council returned from executive session, and Mayor Neal called for the City Manager's
report. City Manager Noe reported that a follow-up meeting providing the results of the NIP in the
Gardendale area was held yesterday. He said the project was extremely successful, removing a
record 270,000 tons of trash, 40,000 tons of which were tires. He said the NIP Site 4 was bounded
by Whitaker, McArdle, and Ricki Streets, and the project would begin on May 3.
Mr. Noe announced the opening of the new Animal Care Services facility on Holly Road.
He also mentioned that the Health Department was planning a mini -Health Fair on April 6 from 1
p.m. to 4 p.m. in their auditorium. He referred to a memo providing an update on the work
scheduled for McGee Beach, stating that it would be completed by the end of May, in time for the
Velocity Games.
Mr. Noe stated that the following items were scheduled for the April 13 Council meeting
beginning at 10:00 a.m.: update on the Bayfront Master Plan; discussion on Bond 2004; briefing
on the Velocity Games; second readings on the littering and premises sanitation ordinances; and
consideration of the vacant building ordinance.
Mayor Neal called for Council concerns and reports. Council Member Cooper announced
that the next Town Hall Meeting would be held on April 5 at Lindale Senior Center, hosted by
Council Member Colmenero, herself, Council Member Garrett, and Council Member Chesney.
Council Member Garrett spoke regarding the poor condition of the car impound lot. He
asked why the lot hasn't been improved. City Manager Noe replied that there was a lack of funds
to address the drainage and other problems. He said staff was looking at other alternatives besides
making repairs, such as finding an alternate facility.
Council Member Scott spoke in support of the littering ordinances, saying they were a good
Minutes - Regular Council Meeting
March 30, 2004 - Page 23
start. He also spoke in support of the Neighborhood Improvement Program, commending staff for
their efforts. He asked if staff was discussing recycling efforts as a part of the NIP. Assistant City
Manager Massey replied affirmatively, saying that staff tried to emphasize all of the Solid Waste
services. Mr. Scott suggested partnering with neighborhood associations, especially the
Morningside Neighborhood Association, to promote participation in recycling. Assistant City
Manager Massey added that the Recycling Committee was also going to provide recommendations,
and he proposed asking neighborhood association representatives to serve on the committee.
Finally, Mr. Scott asked if the Council was still going to be able to serve on the TIF board. City
Manager Noe answered affirmatively.
Mr. Kelly facetiously remarked that, as he had previously suggested, McGee Beach was
getting new sand. He also asked the Council to consider trading the April 13 meeting date for April
6. Mayor Neal replied negatively, saying that several Council members had made commitments on
April 6 that they could not change.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 1:05 p.m. on March 30, 2004.
* * * * * * * * * * * * *