HomeMy WebLinkAboutMinutes City Council - 08/31/2004I 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 August 31, 2004, which were approved by
the City Council on September 14, 2004.
WITNESSETH MY HAND AND SEAL, on this the 14th day of September 2004.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
August 31, 2004 - 10:02 a.m.
PRESENT
Mayor Pro Tem Javier Colmenero
Council Members:
Brent Chesney
Melody Cooper (Arrived at 10:06 a.m.)
Henry Garrett
Bill Kelly
Rex Kinnison
Jesse Noyola
Mark Scott
ABSENT
Mayor Samuel L. Neal Jr.
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Pro Tem Colmenero called the meeting to order in the Council Chambers of City
Hall. The invocation was delivered by Pastor Brian Crown of Bay Area Fellowship Church and the
Pledge of Allegiance to the United States flag was led by Council Member Noyola. 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 Pro Tem Colmenero called for approval of the
minutes of the regular Council meeting of August 24, 2004. A motion was made and passed to
approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Pro Tem Colmenero called for consideration of the consent agenda (Items 2-18). Mr.
Bill Kopecky, 3609 Topeka, requested Item 8 be discussed, and Mr. Abel Alonzo requested Item
9 be discussed. Mr. Kelly requested Item 6.e. be discussed. City Secretary Chapa announced Item
18 needed to be amended. A motion was made and passed to approve Items 2 through 18,
constituting the consent agenda, except for Items 6.e., 8, 9, and 18, which were pulled for individual
consideration. City Secretary Chapa polled the Council for their votes as follows:
2.a. MOTION NO. 2004-325
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$5,000 from the State of Texas Comptroller of Public Accounts for tobacco compliance and
prevention activities.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent.
Minutes - Regular Council Meeting
August 31, 2004 - Page 2
2.b. ORDINANCE NO. 025915
Ordinance appropriating a grant in the amount of $5,000 in the No. 1061 Police Grants Fund
from the State of' Texas Comptroller of Public Accounts for tobacco compliance and
prevention activities.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Colmenero, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Neal was absent.
3.a. MOTION NO. 2004-326
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$41,404 from the State of Texas, Criminal Justice Division for funding available under the
Victims of Crime Act (VOCA) Fund and to execute all related documents.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent.
3.b. ORDINANCE NO. 025916
Ordinance appropriating a grant in the amount of $41,404 from the State of Texas, Criminal
Justice Division in the No. 1061 Police Grants Fund for funding available under the Victims
of Crime Act (VOCA) Fund.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Colmenero, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Neal was absent.
4.a. MOTION NO. 2004-327
Motion authorizing the City Manager or his designee to execute all documents necessary
with the United States Department of Housing and Urban Development (HUD) to accept and
implement the FY 2004 Consolidated Annual Action Plan for Community Planning and
Development (CPD) Programs that include the Community Development Block Grant,
Emergency Shelter Grant and Home Investment Partnership Programs.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent.
Minutes - Regular Council Meeting
August 31, 2004 - Page 3
4.b. ORDINANCE NO. 025917
Ordinance appropriating $7,455,023 in the Community Development Block Grant Fund No.
1059 for the FY 2004 Consolidated Annual Action Plan for Community Planning and
Development (CPD) Program projects/activities that include 1) $4,105,000 for FY 2004
Community Development Block Grant (CDBG), $800,000 of program income and $547,567
of reprogrammed funds; 2) $154,329 for FY 2004 Emergency Shelter Grant (ESG); and 3)
$1,848,127 for FY 2004 Home Investment Partnership (HOME) Program for
projects/activities approved by the City Council on April 27, 2004.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Colmenero, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Neal was absent.
5. MOTION NO. 2004-328
Motion authorizing the City Manager or his designee to execute Subrecipient agreements for
funds provided from the FY 2004 Community Development Block Grant (CDBG) Program
and Emergency Shelter Grant (ESG) Program.
FY2004 CDBG Funding:
A. 911 Park Place, doing business as Mission 911 to provide $50,000 for improvements
to the facility such as renovating the garage/storage area in order to provide rooms
for educational and meeting purposes, fencing the perimeter of the property, provide
lighting, improve the parking lot and provide landscaping.
B. Accessible Communities, Inc. to provide $26,000 for the completion of Phase III of
its property improvements with the construction of a new 40 -foot by 90 -foot parking
lot and addition of a 8 -foot by 10 -foot canopy between the two buildings on its
property.
C. Boys and Girls Club of Corpus Christi to provide $110,000 for the completion of
Phase III of the complex previously started which includes parking, soccer field,
concession stand, score boards, bleachers, cement work and main building exterior
door.
D. Coastal Bend Alcohol and Drug Rehabilitation Center doing business as Charlie's
Place to provide $26,741 for the renovation of four residential buildings.
E. Corpus Christi Hope House, Inc. to provide $32,000 for improvements to the living
conditions for residents at two locations.
F. Mary McLeod Bethune Day Nursery, Inc. to provide $70,000 for facility
improvements to Building A and/or Building B as originally proposed.
Minutes - Regular Council Meeting
August 31, 2004 - Page 4
G. Nueces County Community Action Agency to provide $80,000 that will weatherize
homes of low to very -low income families to become energy efficient, reduce energy
consumption and to provide a better living environment for children and families in
the targeted areas.
H. YMCA of Corpus Christi to provide $28,020 to improve accessibility to mobility
impaired individuals through renovations of restroom area in the men's locker room.
FY2004 ESG Funding:
I. Catholic Charities of Corpus Christi, Inc. to provide $15,000 for the provision of
Homeless Prevention including short term subsidies, security deposits or first
month's rent, mediation programs, legal services and payments to prevent
foreclosure on a home.
J. Corpus Christi Hope House, Inc. to provide $15,000 for the provision of essential
services including services concerned with employment, physical health and
education for the homeless. Provision of Homeless Prevention will include short
term subsidies, security deposits or first month's rent, mediation programs, legal
services and payments to prevent foreclosure on a home.
K. Corpus Christi Metro Ministries, Inc. to provide $45,000 for the provision of
essential services including services concerned with employment, physical health
and education of the homeless. Provision of Homeless Prevention will include short-
term subsidies, security deposits or first month's rent, mediation programs, legal
services and payment to prevent foreclosure on a home.
L. Homeless Issues Partnership to provide $12,332 for the provision of essential
services including services concerned with employment, physical health and
education of the homeless.
M. Mary McLeod Bethune Day Nursery to provide $15,000 for the provision of
essential services including services concerned with employment, physical health
and education for the homeless.
N. The ARK Assessment Center and Emergency Shelter for Youth to provide $15,000
for the provision of essential services including services concerned with
employment, physical health and education of the homeless.
0. The Women's Shelter to provide $21,997 for the provision of essential services
including services concerned with employment, physical health and education of the
homeless. Provision of Homeless Prevention will include short-term subsidies,
security deposits or first month's rent, mediation programs, legal services, and
payment to prevent foreclosure on a home.
Minutes - Regular Council Meeting
August 31, 2004 - Page 5
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent.
6.a. MOTION NO. 2004-329
Motion authorizing the City Manager or his designee to execute a contract with the Texas
Department of Family and Protective Services for funding in the amount of $426,000 from
the Community Youth Development Program for the 78415 ZIP Code for projects as
recommended by the Community Youth Development Steering Committee for FY 2004-
2005.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent.
6.b. ORDINANCE NO. 025918
Ordinance appropriating $426,000 from the Texas Department of Family and Protective
Services in the No. 1060 Community Development Grant Fund to fund the Community
Youth Development Program in the 78415 ZIP Code for FY 2004-2005.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Colmenero, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Neal was absent.
6.c. MOTION NO. 2004-330
Motion authorizing the City Manager or his designee to execute a subcontract with the Boys
and Girls Club of Corpus Christi in the amount of $54,254 to provide services for youth ages
6 to 17 in the 78415 ZIP Code.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent.
6.d. MOTION NO. 2004-331
Motion authorizing the City Manager or his designee to execute a subcontract with
Communities in Schools, Corpus Christi, Inc. in the amount of $188,490 to provide services
for youth ages 5 to 17 in the 78415 ZIP Code.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent.
Minutes - Regular Council Meeting
August 31, 2004 - Page 6
6.f. MOTION NO. 2004-333
Motion authorizing the City Manager or his designee to execute a subcontract with Planned
Parenthood of South Texas in the amount of $15,221 to provide services for youth ages 12
to 17 in the 78415 ZIP Code.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent.
6.g. MOTION NO. 2004-334
Motion authorizing the City Manager or his designee to execute a subcontract with Youth
Odyssey in the amount of $13,032 to provide services for youth ages 12 to 17 in the 78415
ZIP Code.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent.
6.h. MOTION NO. 2004-335
Motion authorizing the City Manager or his designee to execute a subcontract with the
YMCA of Corpus Christi in the amount of $49,394 to provide services for youth ages 14-17
in the 78415 ZIP Code.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent.
7.a. ORDINANCE NO. 025919
Ordinance authorizing the City Manager or his designee to execute a one year concession
services Lease and Use Agreement with Leslea J. Titlow doing business as The Tee Box at
both the Gabe Lozano Sr. Golf Center and the Oso Beach Municipal Golf Course in
consideration of Leslea J. Titlow doing business as The Tee Box paying 17% of monthly
gross sales or $1,750 per month, whichever is greater, at the Gabe Lozano Sr. Golf Center;
and 17% of monthly gross sales or $1,250 per month, whichever is greater, at the Oso Beach
Municipal Golf Course.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Colmenero, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Neal was absent.
Minutes - Regular Council Meeting
August 31, 2004 - Page 7
7.b. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a five year concession services
Lease and Use Agreement with Leslea J. Titlow doing business as The Tee Box at both the
Gabe Lozano Sr. Golf Center and the Oso Beach Municipal Golf Course in consideration of
Leslea J. Titlow doing business as The Tee Box paying 17% of monthly gross sales or
$1,750 per month, whichever is greater, at the Gabe Lozano Sr. Golf Center; and 17% of
monthly gross sales or $1,250 per month, whichever is greater, at the Oso Beach Municipal
Golf Course.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Colmenero, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Neal was absent.
10. MOTION NO. 2004-338
Motion authorizing the City Manager or his designee to execute a Geotechnical Services
Contract with Professional Services Industries, Inc. (PSI), of Corpus Christi, Texas in an
amount not to exceed $39,690 for the Corpus Christi International Airport Runway 13/31
Rehabilitation, Overlay, Blast Pads, Shoulders, Edge Lighting and Associated Site Work.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained; Neal
was absent.
11. MOTION NO. 2004-339
Motion approving the application from Bayfest, Inc. to temporarily close the following street
sections for the Bayfest 2004 Festival, September 15 - September 28, 2004:
A. Northbound Shoreline Boulevard (inside lane only), from the north right-of-way of
Power Street median crossover (exclusive of the median crossover at Power Street)
to Fitzgerald Street, beginning at 9:00 a.m., Wednesday, September 15, 2004 through
5:00 p.m., Friday, September 17, 2004;
B. Southbound Shoreline 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, September 15, 2004 through 5:00 p.m., Wednesday, September 28,
2004;
C. Northbound Shoreline Boulevard (full closure), between north right-of-way line of
Power Street and the north right-of-way of Fitzgerald Street, from 2:00 p.m.,
Thursday, September 16, 2004 at 5:00 p.m. through 6:00 a.m., Monday, September
27, 2004;
Minutes - Regular Council Meeting
August 31, 2004 - Page 8
D. North Water Street (full closure), between Fitzgerald Street and Palo Alto Street
from 8:00 a.m., Thursday, September 16, 2004 through 6:00 a.m., Monday,
September 27, 2004;
E. Palo Alto Street, east half between North Water Street and southbound Shoreline
Boulevard; Fitzgerald Street between North Water Street and Shoreline Boulevard
and North Water Street, south half between Fitzgerald Street and Resaca Street from
8:00 a.m., Thursday, September 16, 2004 through 6:00 a.m., Monday, September 27,
2004.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent.
12. MOTION NO. 2004-340
Motion authorizing the City Manager or his designee to grant a permit to Sabco Operating
Company of Houston, Texas to drill an oil or gas well at an exceptional location,
approximately five (5) miles easterly of the marina area in Corpus Christi Bay, State Tract
54 Well No. 4.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent.
13. RESOLUTION NO. 025920
Resolution expressing official intent of the City of Corpus Christi to reimburse $25,000,000
in costs with respect to the construction of improvements to the city's utility system.
The foregoing resolution was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent.
14.a. MOTION NO. 2004-341
Motion approving the Transmission and Grid Main Construction and Reimbursement
Agreement submitted by Mostaghasi Investment Trust, owner and developer of King's
Garden, Unit 2 subdivision located east of Cimarron Boulevard south of Lens Drive for the
installation of 387 linear feet of a 12 -inch PVC water grid main.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent.
Minutes - Regular Council Meeting
August 31, 2004 - Page 9
14.b. ORDINANCE NO. 025921
Ordinance appropriating $12,141.91 from the Water Arterial Transmission and Grid Main
Trust Fund No. 4030-540450 to pay developer reimbursement request for the installation of
387 linear feet of a 12 -inch PVC water grid main to develop King's Garden, Unit 2
subdivision.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Colmenero, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Neal was absent.
15.a. MOTION NO. 2004-342
Motion approving the Sanitary Sewer Construction and Reimbursement Agreement
submitted by Alex Azali, owner and developer of Queen's Crossing, Unit 1 subdivision
located east of Cimarron Boulevard south of Lens Drive for the installation of 511 linear feet
off-site and 553 linear feet onsite, overdepth, oversized 12 -inch PVC sanitary sewer
collection line along Cimarron Boulevard between Lens Drive and the southern limit of the
subject subdivision.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent.
15.b. ORDINANCE NO. 025922
Ordinance appropriating $61,982.28 from the Sanitary Sewer Collection Line Trust Fund
No. 540450-4220 to pay Alex Azali, for the installation of 511 linear feet off-site and 553
linear feet onsite, overdepth, oversized 12 -inch PVC sanitary sewer collection line as
specified in the Sanitary Sewer Construction and Reimbursement Agreement, to develop
Queen's Crossing, Unit 1 subdivision.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Colmenero, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Neal was absent.
16. ORDINANCE NO. 025923
Ordinance authorizing the City Manager or his designee to execute a Participation
Agreement with Alex Azali, owner and developer of Queen's Crossing, Unit 1 subdivision,
for public street improvements on Oso Parkway, an urban parkway abutting a dedicated
public park, in accordance with the Platting Ordinance, not to exceed $14,694.82 for City's
share of costs of the improvements.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Colmenero, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Neal was absent.
Minutes - Regular Council Meeting
August 31, 2004 - Page 10
17.a. MOTION NO. 2004-343
Motion approving the Transmission and Grid Main Construction and Reimbursement
Agreement submitted by Alex Azali, owner and developer of Queen's Crossing, Unit 1
subdivision located east of Cimarron Boulevard south of Lens Drive for the installation of
715 linear feet of a 12 -inch PVC water grid main.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent.
17.b. ORDINANCE NO. 025924
Ordinance appropriating $27,096.53 from the Water Arterial Transmission and Grid Main
Trust Fund No. 4030-540450 to pay developer reimbursement request for the installation of
715 linear feet of a 12 -inch PVC water grid main to develop Queen's Crossing, Unit 1
subdivision.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Colmenero, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Neal was absent.
Mayor Pro Tem Colmenero opened discussion on Item 6.e. regarding funding for the Corpus
Christi Teen Court through the Community Youth Development (78415) Program. Mr. Kelly asked
for a status report on any funding issues for this program, saying a district judge had expressed
concern that Nueces County may pull their share of the funding for this program. City Manager Noe
replied staff was not aware of any funding issues. He emphasized the city only served as the fiscal
agent for this grant, and staff was merely forwarding the recommendations made by the Community
Youth Development Program committee, the decision making body. Mr. Noe stated staff would
provide a report on funding issues. City Secretary Chapa polled the Council for their votes as
follows:
6.e. MOTION NO. 2004-332
Motion authorizing the City Manager or his designee to execute a subcontract with Corpus
Christi Teen Court in the amount of $16,896 to provide services for youth ages 11 to 17 in
the 78415 ZIP Code.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent.
Mayor Pro Tem Colmenero opened discussion on Item 8 regarding a change order for the
arena project. Mr. Bill Kopecky, 3609 Topeka, expressed his concern regarding the overall cost for
the arena, saying the costs for change orders have exceeded the initial $35 million project cost
estimate the voters were given during the bond election. Mr. Abel Alonzo agreed with Mr.
Kopecky, and also expressed concern that the award of the construction contract to Fulton Coastcon
Minutes - Regular Council Meeting
August 31, 2004 - Page 11
was biased. A discussion ensued regarding Mr. Alonzo's claims about the Fulton Coastcon contract.
City Manager Noe stated he would provide a report on the results of Fulton Coastcon's minority
contracting for this project, broken down by type of firm. City Secretary Chapa polled the Council
for their votes on Items 8 and 9 as follows:
8. MOTION NO. 2004-336
Motion authorizing the City Manager or his designee to execute Change Order No. 11 for
the Multi -Purpose Arena (American Bank Center Arena) with Fulton Coastcon, Joint
Venture, of Corpus Christi, Texas in the amount of $160,744 for various architectural,
electrical, mechanical and structural modifications.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained; Neal
was absent.
9. MOTION NO. 2004-337
Motion authorizing the City Manager or his designee to execute Change Order No. 10 for
the Convention Center Expansion and Rehabilitation with Moorhouse/Beecroft, Joint
Venture, LLC, of Corpus Christi, Texas in the amount of $308,145 for various architectural,
electrical, mechanical, structural and other modifications.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained; Neal
was absent.
Mayor Pro Tem Colmenero opened discussion on Item 18 regarding an amendment to the
Platting Ordinance. City Secretary Chapa announced the first reading ordinance needed to be
amended to state the second reading and public hearing would be held on September 21 rather than
on September 14. Mr. Scott made a motion to amend the item as stated by Mr. Chapa, seconded by
Ms. Cooper, and passed. City Secretary Chapa polled the Council for their votes as follows:
18. FIRST READING ORDINANCE
Amending the Platting Ordinance of the City of Corpus Christi by revising Section III. I. 3.
0, and Section V. B. 11. c) 4), removing the requirement for Texas General Land Office
written approval of State boundary determination of State-owned submerged lands.
The foregoing ordinance was passed and approved as amended with the following vote:
Colmenero, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye";
Neal was absent.
* * * * * * * * * * * *
Mayor Pro Tem Colmenero referred to Item 19, a public hearing to abandon and vacate a
dedicated public right-of-way. City Secretary Chapa announced that the item had been withdrawn.
Minutes - Regular Council Meeting
August 31, 2004 - Page 12
19.a. WITHDRAWN
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19.b. WITHDRAWN
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mance aba«dtitling and vacating d Zb,U14-Squaie Ivo[ y
tu.,u.faecd 20-f.,ot wed., d.,dla..d puLLc r,gl.t-of-may out of Lots 17 aid l II, Sc. t,on 20,
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Mayor Pro Tem Colmenero referred to Item 20, and a motion was made, seconded and
passed to open the public hearing on the following item:
20.a. Public hearing to consider abandoning and vacating a 44,005 -square foot portion of an
undeveloped and unsurfaced 40 -foot wide dedicated public right-of-way out of Lots 12-13
and 20-21, Section 11, Flour Bluff and Encinal Farm and Garden Tracts (approximately 0.52
miles south of Saratoga Boulevard and 334 -feet east of the South Staples Street right-of-
way).
No one appeared in opposition to the item. Ms. Cooper made a motion to close the public
hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as
follows:
20.b. ORDINANCE NO. 025925
Ordinance abandoning and vacating a 44,005 -square foot portion of an undeveloped and
unsurfaced 40 -foot wide dedicated public right-of-way out of Lots 12-13 and 20-21, Section
11, Flour Bluff and Encinal Farm and Garden Tracts (approximately 0.52 miles south of
Saratoga Boulevard and 334 -feet east of the South Staples Street right-of-way); subject to
owner's compliance with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Colmenero, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Neal was absent.
Mayor Pro Tem Colmenero referred to Item 21, and a motion was made, seconded and
passed to open the public hearing on the following zoning case:
Case No. 0704-03. Lou -Tex Medical Venture. LLC: A change of zoning from a "R -IB"
One -family Dwelling District to a "B-4" General Business District. The property is in Bass
Subdivision, Block 29, Lot 0, located on the north side of Saratoga Boulevard and 400 feet
east of Airline Road.
Minutes - Regular Council Meeting
August 31, 2004 - Page 13
Mr. Chapa said the Planning Commission and Staffs recommendation was the denial of the
"B-4" General Business District, and in lieu thereof, approval of a "B-1" Neighborhood Business
District.
No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close
the public hearing, seconded by Mr. Chesney, and passed. City Secretary Chapa polled the Council
for their votes as follows:
21. ORDINANCE NO. 025926
Amending the Zoning Ordinance upon application by Lou -Tex Medical Venture, LLC by
changing the zoning map in reference to Bass Subdivision, Block 29 Lot 0, from a "R -1B"
One -family Dwelling District to a "B-1" Neighborhood Business 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 and approved with the
following vote: Colmenero, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Neal was absent.
Mayor Pro Tem Colmenero referred to Item 22, and a motion was made, seconded, and
passed to open the public hearing on the following zoning case:
Case No. 0704-04, Wayne Meyr: A change of zoning from a "F -R" Farm -Rural District
to a "RE" Residential Estate District. The property is 9.890 acres out of Flour Bluff and
Encinal Farm and Garden Tracts, Section 51, Lot 2413 located on the west side of Waldron
Road and 600 feet south of Yorktown Boulevard.
City Secretary Chapa said the Planning Commission and Staff recommended the approval
of a "RE" Residential Estate District.
No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close
the public hearing, seconded by Mr. Scott, and passed. City Secretary Chapa polled the Council for
their votes as follows:
22. ORDINANCE NO. 025927
Amending the Zoning Ordinance upon application by Wayne Meyr by changing the zoning
map in reference to 9.890 acres out of Flour Bluff and Encinal Farm and Garden Tracts,
Section 51, Lot 24B, from a "F -R" Farm -Rural District to a "RE" Residential Estates
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 and approved with the
following vote: Colmenero, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Neal was absent.
Mayor Pro Tem Colmenero referred to Item 23, and City Secretary Chapa stated that this
Minutes - Regular Council Meeting
August 31, 2004 - Page 14
item had been withdrawn by the applicant.
23. WITHDRAWN
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Mayor Pro Tem Colmenero opened discussion on Item 25, a construction contract for the
Water Main Improvements on Elizabeth/19th Street. City Engineer Escobar reported the project
would allow for necessary improvements to the city's water main distribution systems to ensure
adequate water pressure and reliable service to the two hospitals in the downtown area, Spohn
Shoreline and Spohn Memorial. Mr. Kelly asked if the improvements would also improve the water
pressure for the neighborhoods in the area. City Engineer Escobar replied affirmatively. Mr. Kelly
asked if the residents would experience an interruption in water service during the construction. Mr.
Escobar replied negatively, saying the old system would stay in service continuously until the new
water system was installed. After the new system was tested and sterilized, the old water
connections would be transferred to the new system. Mr. Kelly asked what condition the streets
would be left in once the repairs were completed. City Engineer Escobar answered the street would
be patched, but it would be seal -coated to provide a smooth driving surface.
Mayor Pro Tem Colmenero asked about the duration and type of inconveniences the public
may experience as a result of the construction. Mr. Escobar replied a traffic lane would be
temporarily closed in order to lay the new water line, reducing traffic from two lanes to one lane in
each direction. He said the city was coordinating with police, fire, and the hospital district to ensure
work in critical areas was completed before Christmas. After Christmas, the work would resume
in other areas. He said the project was scheduled for completion in February 2005. There were no
comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
25. ORDINANCE NO. 2004-344
Motion authorizing the City Manager or his designee to execute a construction contract with
Ramos Industries, of Pasadena, Texas in the amount of $1,755,384 for the Water Main
Improvements Elizabeth Street/19th Street.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Colmenero, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Neal was absent.
* * * * * * * * * * * * *
Mayor Pro Tem Colmenero referred to the presentations on the day's agenda. City Manager
Noe introduced Ms. Wanese Butler, acting director of the human relations department, who
Minutes - Regular Council Meeting
August 31, 2004 - Page 15
presented the FY 2003-04 fourth quarterly update on the city's Title II transition plan, under the
Americans with Disabilities Act (ADA).
Ms. Butler reported on the progress of improvements to the six categories of accessibility
and barrier removal under the ADA transition plan as follows: public facilities, public programs, site
development, outreach, citywide curb ramps, and individual curb ramp requests. She noted that the
plan's public facility improvements were funded through FY 2003-04 CDBG program, while the
public programming improvements and annual accessibility items were funded through the city's
operating budget.
Regarding public facilities improvements (e.g. City Hall, libraries, health clinics, street/solid
waste services, recreation centers, and senior centers), Ms. Butler reported that a pre -construction
meeting was held with Zimmerman Construction during the fourth quarter. Project work has
commenced at the central library, Fire Station #5, street/solid waste building, Cole Park
Amphitheater, Fire Station #12, and Oso Golf Course. She said bids were sought and reviewed for
additional unforeseen work to address underground piping issues in the street/solid waste services
department project. Finally, she said the barrier removal facility projects consisted of 26 sites, with
approximately 30 percent of the construction completed as of the July 2004 report submitted by
Chuck Anastos Associates, the city's architect/engineering consultant. The estimated completion
date for the entire project is October 2004.
Ms. Butler covered the accessibility improvements in the public programs category,
including libraries, museum, closed captioning, and customer service areas. She reported that staff
had finalized the contract for assistive technology, accessible equipment and other services for the
Museum of Science and History. She said the technology will allow vision -impaired patrons to tour
the museum through an audio tour. The actual audio production is in progress and will be available
shortly. In addition, Ms. Butler stated that staff has negotiated an agreement for professional
services for live closed captioning for Council meetings. Preparations are underway for the
specialized equipment, with testing to commence next month. She also reported video closed
captioning was continuing to be provided for monthly "Cityscape" television segments.
Regarding public programs in the libraries, Ms. Butler stated the service counters at the
Parkdale and Northwest Libraries are being modified to provide accessibility for customers in
wheelchairs or scooters. In the senior centers and recreation centers, Ms. Butler stated accessible
tables have been purchased for customers with disabilities. The swimming pool entry in Collier
Pool is currently being modified. Finally, she said staff was continuing to assist the solid waste
services department with automated trash pick-up by making reasonable accommodations for those
individuals who were unable to take their trash receptacle to the curb
Ms. Butler reported on the accessibility improvements in site development, focusing mainly
on staff training on state accessibility standards through the Texas Department of Licensing and
Regulation (TDLR). She said one staff member had completed the TDLR full accessibility academy
in this quarter, and two staff members will attend in the next quarter. Additionally, she said two
additional staff members would also attend upon filling two vacancies due to retirement.
Ms. Butler reviewed the next category of improvements in accessibility outreach/awareness
on ADA issues. She reported training and resources were being provided internally to the city's
Minutes - Regular Council Meeting
August 31, 2004 - Page 16
ADA coordinators. Training conference sessions were also held during July's Human Relations
conference on ADA compliance for public entities as well as private entities and businesses.
Finally, she stated three sensitivity and awareness training sessions, including training on
PeopleFirst language, were conducted for city employees in this quarter.
Ms. Butler reviewed accessibility improvements in the curb ramps category. Regarding
citywide curb ramp projects identified through the city's transition plan along arterial and collector
streets, Ms. Butler said those potential improvement projects would be presented for voter
consideration in the 2004 bond election. Individual curb ramp requests submitted to the human
relations department were being worked on in conjunction with engineering services. Ms. Butler
stated Nuway International, Inc. had been awarded the contract to complete the $224,310 in
proposed projects.
Mr. Garrett asked if the city was coordinating its ADA projects around bus stops with the
RTA. City Engineer Escobar replied that the city had received a commitment from the RTA to
provide monies for bus stop renovations, and was continuously working on ten to eleven projects
at a time.
* * * * * * * * * * * * *
Mayor Pro Tem Colmenero opened discussion on Item 26 regarding the ad valorem tax rate.
Director of Finance Cindy O'Brien explained this item was comprised of the ordinance adopting the
2004 ad valorem tax rate of $.634175 per $100 valuation and a motion approving the 2004 tax levy
of $61,131,691 as submitted.
Mayor Pro Tem Colmenero asked for public comment. Mr. Bill Kopecky, 3609 Topeka,
commented the city's tax rate was better than the county's tax rate, but he felt the city could have
furthered lowered their rate. City Secretary Chapa polled the Council for their votes as follows:
26.a. ORDINANCE NO. 025928
Ordinance prescribing the taxes to be levied, assessed, and collected by the City of Corpus
Christi, Texas for tax year 2004 and for each succeeding year thereafter until otherwise
provided and ordained and such other year as the same may be applicable.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Colmenero, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Neal was absent.
Minutes - Regular Council Meeting
August 31, 2004 - Page 17
26.b. MOTION NO. 2004-345
Motion approving the 2004 Tax Levy of $61,131,691 based on the adopted tax rate of
$0.634175 per $100 valuation, in accordance with Section 26.09(e) of the Texas Property
Tax Code.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent.
Mayor Pro Tem Colmenero opened discussion on Item 27, the second reading of the
proposed vacant building ordinance. City Manager Noe explained during the first reading of the
ordinance, staff had reported one section ofthe ordinance needed to be finalized. He asked Assistant
City Manager Margie Rose for a report. Ms. Rose stated at the August 17 council meeting, staff had
reported on outstanding issues in Section 13-3009 ofthe proposed ordinance regarding the standards
for boarding up a vacant building. After the meeting, staff met with the various interest groups
involved in the process, who requested that this section provide more detailed descriptions of the
standards. Consequently, Ms. Rose reported the revisions to Section 13-3009 now provided
substantial detail regarding the type of wooden structural panels needed, the required fasteners and
hardware, paint, and installation standards for different types of buildings (wooden structures with
wood trim, masonry structure with wood trim, etc.), and required signage.
Mayor Pro Tem Colmenero asked for public comment. Ms. Norma Urban, president of the
Downtown Management District, pointed out a discrepancy in Section 13-3010, which stated the
owner must apply at least one coat of exterior paint, whereas Section 13-3009 stated the owner must
apply at least two coats of paint. Staff concurred Section 13-3010 should be amended to require two
coats of paints. Otherwise, she said the Downtown Management District was pleased with the
ordinance and hoped it would help the downtown area.
Assistant City Manager Rose thanked the organizations involved in the decision making
process, namely the Downtown Management District, the Board of Realtors, Flint Hills Refinery,
the Building Owners and Managers Association, and the Business Interiors of Texas. She also
thanked staff for their efforts, especially First Assistant City Attorney Jay Reining.
Mr. Reining noted that Section 13-3010 needed two amendments. First, an amendment was
needed to change the number of coats of paint required from one to two, as pointed out by Ms.
Urban. Second, an amendment was needed to change the second to the last sentence in the section
to read "The coat of exterior paint must be black, white, the predominant color of the building, or
a color approved by the Administrator". A motion was made, seconded, and passed to amend
Section 13-3010 as stated by Mr. Reining. City Secretary Chapa polled the Council for their votes
as follows:
Minutes - Regular Council Meeting
August 31, 2004 - Page 18
27.a. MOTION NO. 2004-346
Motion to amend prior to Second Reading the Ordinance amending Chapter 13, Code of
Ordinances, by adding a new Article III relating to vacant buildings; providing for penalties;
and providing for publication, which was adopted on First Reading on August 13, 2004, by
revising Section 13-3009.
The foregoing motion was passed and approved with the following vote: Colmenero,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was
absent.
27.b. ORDINANCE NO. 025929
Amending Chapter 13, Code of Ordinances, by adding a new Article III relating to vacant
buildings; providing for penalties. (First Reading 8/17/04)
The foregoing ordinance was passed and approved on its second reading as amended with
the following vote: Colmenero, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye"; Neal was absent.
* * * * * * * * * * * * *
Mayor Neal called for the City Manager's report. City Manager Noe reported staff was
developing materials for distribution to the public explaining matters relating to the November bond
election. He said staff would share the drafts with the Council as they progressed. He also reported
the Neighborhood Pride Program, the sustainability effort for the Neighborhood Initiative Project,
was continuing, with a well -attended meeting in Gardendale Church for last year's NIPArea 3
residents. The next meeting was scheduled on September 15 at Oso Recreation Center for last year's
NIP Area 4. He also thanked Mr. J.J. Gottsch and the Corpus Christi Hooks for their assistance in
promoting the "Hooked on Reading" program this summer. He said over 700 kids completed the
reading requirement of 20 books, and would receive tickets to upcoming baseball games. As part
of the city's efforts to make better use of crime statistics, he said the police department had initiated
a "hot spot" program in the Leopard Street area. In the last two months, staff recorded a 27.27
percent decrease in crime in that area as a result.
Mr. Noe reported the following items were scheduled for the September 14 meeting: Work -
Force 1 quarterly update; annual agreement with the South Texas Aggregation Project regarding
electric costs; and a number of zoning cases.
*************
Mayor Pro Tem Colmenero called for petitions from the audience. Mr. J.E. O'Brien, 4130
Pompano, spoke in favor of reinstating the city's internal auditor position. Mr. Bill Kopecky, 3609
Topeka, commented the Ennis Joslin street project, from SPID to Ocean Drive, was taking too long
to complete. Mr. Carlos Torres thanked those council members who had taken tours of the fire
stations recently, informed them about the International Association of Firefighters Fire Ops 101
program, and also asked the Council and the public to support the MDA Labor Day Telethon.
Minutes - Regular Council Meeting
August 31, 2004 - Page 19
* * * * * * * * * * * * *
Mayor Pro Tem Colmenero called for Council concerns and reports. Mr. Noyola asked if
there were going to be any more improvements to Inwood Park near Trojan Drive and the Crosstown
Expressway. City Manager Noe replied staff would provide a report. Mr. Noyola also stated the
graffiti on the stop sign at the 4000 block of Capitol and Congressional had still not been removed.
He also asked for a status report on a request he had made through the Customer Call Center for
information on the number of school zone citations issued within the last few years. Mr. Noe said
staff would follow-up. Finally, he asked when the 4A Board would review applications for
affordable housing. Mr. Noe replied the Board had not set a schedule for another review of
affordable housing applications, and he would see about placing it on their agenda.
Ms. Cooper remarked on the recent local news article noting the number of positive feature
articles in which the city has appeared. She attributed the success in large part to the efforts of Mr.
Ron Kitchens with the EDC, and thanked him for his work. She also announced the next town hall
meeting would be held on September 13 at 6:00 p.m. at Luther Jones Elementary School, hosted by
Mr. Kinnison, Mr. Garrett, Mr. Chesney, and herself.
Mr. Colmenero asked for a report on the possible effects of the Governor's proposed military
funding options on the city's 4A corporation. Mr. Noe clarified the Governor was not proposing any
additional funding for these options; rather, he was allowing cities to use funds already available to
them.
There being no further business to come before the Council, Mayor Pro Tem Colmenero
adjourned the Council meeting at 11:13 a.m. on August 31, 2004.
* * * * * * * * * * * * *