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HomeMy WebLinkAboutMinutes City Council - 09/21/2004I 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 September 21, 2004, which were approved by the City Council on September 28, 2004. WITNESSETH MY HAND AND SEAL, on this the 28th day of September 2004. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 21, 2004 - 10:02 a.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Javier Colmenero Council Members: Brent Chesney Melody Cooper Henry Garrett Bill Kelly Rex Kinnison Jesse Noyola Mark Scott 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 Deacon Fino Palacios of the Corpus Christi Cathedral and the Pledge of Allegiance to the United States flag was led by Council Member Chesney. 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 September 14, 2004. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 2-15). City Secretary Chapa announced Council Member Noyola would be abstaining from the vote and discussion on Items 2, 9, and 10. Mr. Bill Kopecky, 4609 Topeka, requested that Item 12 be discussed. Council Member Kelly requested that Item 7 be discussed. A motion was made and passed to approve Items 2 through 15, constituting the consent agenda, except for Items 7 and 12, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: MOTION NO. 2004-358 Motion approving the purchase and installation of bi-directional radio amplifier system from Dailey & Wells Communications, Inc., San Antonio, Texas in the amount of $44,712.22. This award is exempt from the competitive bidding statutes. Funds are available from the Airport Capital Improvement Program bond funds. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained. Minutes - Regular Council Meeting September 21, 2004 - Page 2 3.a. MOTION NO. 2004-359 Motion to accept a grant from the Texas Health and Human Services Commission in the amount of $206,451 from the Child and Adult Care Food Program (CACFP) to provide after school snacks to youth enrolled in after school enrichment programs for FY 2004-2005. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 3.b. ORDINANCE NO. 025957 Ordinance appropriating a grant in the amount of $206,451 from the Texas Department of Human Services to operate the Child and Adult Care Food Program in the No. 1067 Park and Recreation Grants Fund providing for after school supplements for youth enrolled in approved after school enrichment programs for FY 2004-2005. 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". 3.c. RESOLUTION NO. 025958 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District for the After School Snack - Child and Adult Care Food Program. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 4. MOTION NO. 2004-360 Motion authorizing the City Manager or his designee to execute a Construction Materials Inspection and Laboratory Testing Contract in an amount not to exceed $97,546 with Kleinfelder of Corpus Christi, Texas for the Southside Water Transmission Main, Phases 4 and 4a (Staples Street to Holly Road). The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting September 21, 2004 - Page 3 5. MOTION NO. 2004-361 Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the Contract for Professional Services with LNV Engineering, Inc., of Corpus Christi, Texas in the amount of $111,246, for a total restated fee of $980,219 for the Water System Interactive Hydraulic Model and Analysis. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 6. MOTION NO. 2004-362 Motion authorizing the City Manager or his designee to increase the escrow amount with the Texas Department of Transportation in the amount of $53,238.24 for the Bear Lane Bridge project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 8. MOTION NO. 2004-364 Motion authorizing the City Manager or his designee to execute Change Order No. 5 to the Seawall Contract B -2B with Gunther Nash, Inc., of St. Louis, Missouri in the amount of $222,212 for backfill of existing voids and installation of approximately 14,500 square feet of reinforced concrete paving on the Cooper's Alley L -Head. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 9. MOTION NO. 2004-365 Motion authorizing the City Manager or his designee to execute Change Order No. 2 for the Transportation Security Administration, United States Customs and Border Protection Offices/Facilities with Beecroft Construction, of Corpus Christi, Texas in the amount of $46,778 to expedite the Continental Maintenance Facility Build -out. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained. Minutes - Regular Council Meeting September 21, 2004 - Page 4 10. MOTION NO. 2004-366 Motion authorizing the City Manager or his designee to execute Change Order No. 59 with Fulton Coastcon, Inc., a Joint Venture, of Corpus Christi, Texas in the amount of $104,217.77 for the Corpus Christi International Airport New Terminal Building to complete exterior Terminal Expansion to address architectural, electrical, and mechanical modifications. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained. 11. MOTION NO. 2004-367 Motion authorizing the City Manager or his designee to execute an amendment to the consulting contract with TriData Corporation, of Arlington, Virginia in the amount of $79,663 approved by the City Council on July 13, 2004 to expand the scope of work to include a comprehensive analysis of the Corpus Christi Fire Department. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 13. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a five year Lease and Use Agreement with Corpus Christi Softball Association ("Lessee") for use of City property (Greenwood Softball Complex) for Lessee's softball program and in consideration of Lessee maintaining the premises and improvements. 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". 14. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a five year Lease and Use Agreement with South Texas Youth Football League, Inc. ("Lessee") for use of City property (Bill Witt Park) for Lessee's Pop Warner Football program and in consideration of Lessee maintaining the premises and improvements. The foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting September 21, 2004 - Page 5 15. ORDINANCE NO. 025959 Authorizing the City Manager or his designee to execute a thirty year Lease Amendment to the Art Museum of South Texas Lease dated March 19, 1996 with the Corpus Christi Art Foundation, now the South Texas Institute for the Arts, Inc. ("Lessee") for use of city property (Art Museum of South Texas Building) in consideration of lessee operating the museum for the benefit of the public and to further public appreciation of art. The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 7 regarding the storm water master plan project. Council Member Kelly asked when the storm water master plan project would be completed. City Engineer Angel Escobar replied the storm water criteria and design manual would be completed in December 2004, the public hearings would be held in early January 2005, and Council consideration was scheduled for February 22, 2005. In response to Mr. Kelly's question, Mr. Escobar said the plan covered the entire city and the ETJ. City Secretary Chapa polled the Council for their votes as follows: 7. MOTION NO. 2004-363 Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the Contract for Professional Services with Goldston Engineering, Inc., of Corpus Christi, Texas, in the amount of $300,000 for a total restated fee of $1,348,480 for the Storm Water Master Plan Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal opened discussion on Item 12 regarding an agreement for governmental relations services. Mr. Bill Kopecky, 4609 Topeka, questioned why two-thirds of the funding was being taken from the water fund when most of the city's areas of intergovernmental concern were not related to water issues. City Manager Noe replied that all the city's intergovernmental contracts were spread across the various funds. City Secretary Chapa polled the Council for their votes as follows: 12. MOTION NO. 2004-368 Motion authorizing the City Manager or his designee to execute an agreement between the City of Corpus Christi and Meyers and Associates for governmental relations services. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". As an aside, Mayor Neal asked City Engineer Escobar to look into a mold problem on the roof of the new terminal building. Mr. Escobar replied staff was aware of the problem and had Minutes - Regular Council Meeting September 21, 2004 - Page 6 taken a sample of the mold to further investigate. City Manager Noe added the roof material was supposed to have been mold -resistant. * * * * * * * * * * * * * Mayor Neal referred to Item 16.a., and a motion was made, seconded and passed to open the public hearing on the following item: 16.a. Public hearing to amend the Platting Ordinance of the City of Corpus Christi by revising Section III. I. (3)(f) and Section V. B. (11)©(4) removing the requirement for the Texas General Land Office written approval of state boundary determination of state owned submerged lands. Director of Development Services Barbara Bailey reported the surveying community had requested this amendment to the Platting Ordinance to remove the current requirement that the State provided written authorization on a boundary determination of state owned submerged land. She said Corpus Christi was the only coastal city with this requirement, imposing unnecessary delays in the platting process. Ms. Bailey said the current requirement for a Licensed State Land Surveyor was consistent with the natural resource code and the surveying law. She concluded that the removal of written authorization from the State would improve the city's development standards in the coastal areas. There were no comments from the audience. A motion was made, seconded, and passed to close the public hearing. City Secretary Chapa polled the Council for their votes as follows: 16.b. ORDINANCE NO. 025960 Amending the Platting Ordinance of the City of Corpus Christi by revising Section III. I. (3)(0, and Section V. B. (11)©(4), removing the requirement for the Texas General Land Office written approval of state boundary determination of state owned submerged lands. The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to Item 17, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0604-06, Southwest Phoenix Group, Inc. and Dykeswill, Ltd.: A change of zoning from an "AT" Apartment Tourist District to a "B -2A" Barrier Island Business District. The property is 4.36 acres out of Mustang Island, Section 2, Block 1, Lot 25, located on the south side of State Highway 361 and three (3) miles north of Access Road No. 2. City Secretary Chapa said the Planning Commission and staff recommended the denial of the `B -2A" Barrier Island Business District, and in lieu thereof, recommend the Special Permit within the "AT" Apartment Tourist District for a retail shopping center subject to 14 conditions and Minutes - Regular Council Meeting September 21, 2004 - Page 7 site plan. Assistant Director of Development Services Michael Gunning explained the property in question was located north of Mustang Island State Park and in front of Mustang Towers. He said the purpose of the zoning change request was to allow for the construction of a retail center between 15,000 to 20,000 square feet. He stated staff and the Planning Commission were recommending the denial of the "AT" Apartment Tourist District and approval of a Special Permit for the retail shopping center subject to 14 conditions. He said the conditions reflected and were consistent with the requirements in the Padre Island Overlay District. Mr. Gunning stated that the applicant had agreed to the special permit with the 14 conditions. Mr. Gunning briefly went over a PowerPoint presentation depicting the subject site and the surrounding areas. He pointed out a large ponding area in front of Mustang Towers which was part of the subject property. He said the ponding area would be expanded to serve as a drainage basin for storm water run-off. In addition, Mr. Gunning stated the Mustang -Padre Island Plan discouraged strip commercial development occurring on State Hwy. 361. He said staff was requesting that developers submit site plans consistent with the adopted plan for the area. Mr. Robert Bell, president of the Mustang Towers homeowners association, spoke against the zoning change. He said the pond on the subject property acted as a retention pond to keep storm water from draining onto Mustang Towers property as well as State Highway 361. He also cited concerns regarding traffic congestion that the proposed retail development would create in the area. Mayor Neal asked if Mr. Bell had expressed his concerns to the Planning Commission. Mr. Bell replied he had attended three Planning Commission meetings regarding the matter as well as sending them correspondence. Regarding Mr. Bell's traffic congestion concerns, Mr. Scott asked why the homeowners association did not agree to allow for the use of their access road. Mr. Bell answered it had not been proposed to them. Mr. Scott stated the traffic concerns might be resolved if Mustang Towers agreed to this because it would create one access point. Regarding Mr. Bell's retention pond concern, Mr. Kelly pointed out the developer was being asked to keep the retention pond in place or improve it. Mr. James Schneider, president of the Southwest Phoenix group and residing at 15706 Cutty Sark, spoke in support of the zoning change. He said the proposed site plan met, and in some instances exceeded, the requirements of the area development plan, and he agreed with the special permit requirements. He confirmed his intent to keep the retention pond in place to address the concerns of the residents. Mr. Ro Wickham, 13729 Eaglesbay Nest, also spoke in support of the zoning change. A motion was made, seconded, and passed to close the public hearing. Ms. Cooper spoke in support of the proposed project, as long as the developer met the drainage requirements. Mr. Colmenero also spoke in support of the project. Minutes - Regular Council Meeting September 21, 2004 - Page 8 City Secretary Chapa announced Council Member Scott would be abstaining from the vote on this item. He polled the Council for their votes as follows: 17. ORDINANCE NO. 025961 Amending the Zoning Ordinance, upon application by Southwest Phoenix Group, Inc. and Dykeswill, Ltd., by changing the zoning map in reference to 4.36 acres out of Mustang Island, Section 2, Block 1, Lot 25, (currently zoned "AT" Apartment Tourist District) by granting a Special Permit for a retail shopping center subject to a site plan and fourteen (14) conditions; 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, and Noyola, voting "Aye"; Scott abstained. Mayor Neal referred to Item 18, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0804-01, Suzanne Scott: A change of zoning from an "A-1" Apartment House District to a "B-1" Neighborhood Business District. The property is a 0.258 acre out of Hampton Addition, Block 1, Lots 1, 2, and 3, located along the west side of South Carancahua Street and 60 feet south of Coleman Street. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "B-1" Neighborhood Business District. He also announced that Council Member Scott would be abstaining from the vote and discussion on this item. No one appeared in opposition to the zoning change. Mr. Colmenero made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 18. ORDINANCE NO. 025962 Amending the Zoning Ordinance, upon application by Suzanne Scott by changing the zoning map in reference to 0.258 acre out of Hampton Addition, Block 1, Lots 1, 2, and 3, from "A- 1" Apartment House District to "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: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Scott abstained. Mayor Neal referred to Item 19, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Minutes - Regular Council Meeting September 21, 2004 - Page 9 Case No. 0804-02, Housing 2000: A change of zoning from an "AB" Professional Office District, "A-1" Apartment House District with a "SP" Special Permit, "A-1" Apartment House District, and "A-2" Apartment House District to a "B-5" Primary Business District. The property is in Hampton, Block 2, Lots 1 through 12, Furman, Block 2, Lots 1 through 11, Ryan Tract, Lot 0, Bluff Front, Lot T, Furman, Block 1, Lots 1A, 2A, 3, 4, and 5, located along Furman Avenue between South Carancahua and South Water Street. City Secretary Chapa said the Planning Commission and staff recommended the approval of a "B-5" Primary Business District. He also announced that Mr. Scott would be abstaining from the vote and discussion on this item. Mayor Neal asked for public comment. Mr. Bob Woolsey of the First United Methodist Church spoke against the proposed "B-5" district because they were concerned about the other uses permitted in this district, including auto body shops, bars, warehouses, outside storage, and nightclubs. Mr. Brian Charles, a new property owner in the area, also spoke against the zoning change because he felt the developers had not submitted a detailed plan on their proposed development. Mayor Neal asked why the applicants were requesting "B-5" zoning when the proposed development was for three phases of high-rise apartments and mixed use development. Mr. Gunning said staff would have preferred a plan unit development (P.U.D.) concept rather than "B-5" zoning, but the developer indicated that investment and financing decisions to this point had been based on "B-5" zoning, and any change could jeopardize the project. The developer was requesting the "B-5" district in order to reduce setback requirements for the development and to allow four-story buildings on the entire property. They were proposing setbacks in Phases I and II of ten and fifteen feet. He explained the developer wanted to implement the project in three phases to allow them to determine whether the first phase is successful before moving on to the next phase. Mr. Gunning reported that during the public hearing process, residents expressed concern about the other uses permitted in the "B-5" zoning, including manufacturing, warehousing and nightclub uses. In response, the applicant has agreed to eliminate the more onerous mini -storage, bars, warehousing, outside storage, manufacturing, and billboard uses by deed restrictions. He said the deed restrictions would take place once the sale of the property was final and the ownership transferred. Mayor Neal pointed out, however, that if the city granted a "B-5" to the subject property, the ownership of the property could change and then the property could be developed as the new owner saw fit, including the onerous uses. Mr. Gunning answered staff was recommending that if the ownership did change, the city would immediately downzone the "B-5" area to a more appropriate zoning district. Mayor Neal stated that historically, Councils have frowned upon downzoning cases. Mr. Chesney asked if the city could grant a special permit to the "B-5" zoning district to allow the developers to continue with the proposed project yet protect the neighborhood from onerous uses. Mr. Gunning said it was illegal to prohibit uses through a special permit that are allowed by right in the designated district, known as "contract zoning". Mr. Kelly asked if it would be possible to grant "AB" District zoning with a special permit limiting the setback to the applicant's requirements. Mr. Gunning did not believe this would be Minutes - Regular Council Meeting September 21, 2004 - Page 10 possible because by law, when the special permit expired, the setback for the base zoning would apply. Mr. Kelly stated if the project was not built, than the setbacks would not be needed, and if they built the project, presumably the special permit would not expire. Mr. Gunning did not recommend this action, but said he would speak with Director of Development Services Barbara Bailey to see if there were any other options. Mr. Chesney spoke in favor of the project, but he was concerned about the more onerous uses of the proposed "B-5" zoning district. He asked staff what the Council's options were in this case. Mr. Gunning replied the Council could ask the applicants to reconsider the PUD zoning. Mr. Chesney asked staff to develop another way of protecting the neighborhood while allowing the development to proceed, perhaps with a special permit. Mr. Noyola agreed with Mr. Chesney. Mr. Harry Marx, 226 Wilshire, president of the Morris L. Lichtenstein, Jr. Foundation, said the foundation owned all the property under rezoning except the Second Baptist Church. He stated the foundation would be willing to apply deed restrictions to their property as soon as possible to make the process easier for everyone. He commented the proposed development would benefit and enhance the city as well as the neighborhood. Finally, he said the proceeds from the sale of the land would be used by the Lichtenstein Foundation for community and charitable purposes. Mr. Paul Koepke, resident of Cliff House, spoke in favor of the project and the zoning change. Mr. Chesney asked how the city could proceed with Mr. Marx's offer to apply deed restrictions to their property. Mr. Gunning answered if the Council was willing to grant the "B-5" zoning based on Mr. Marx's commitment, staff could postpone the publication of the zoning ordinance until after the city received certification that the deed restrictions were filed on the land. Staff would then publish the zoning ordinance, which would be the effective date of the zoning change. Mr. Noyola made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mayor Neal referred to page 246 in the Council agenda packet, which provided a list of land uses in the "B-5" zoning district that staff recommended for elimination through deed restrictions as follows: mini -storage, bars, warehousing, outside storage, manufacturing, and billboard uses. Upon discussion, the Council concurred that nightclubs, auto repair shops, and boat repair shops should also be added to the list. Mr. Woolsey felt the First United Methodist Church Board of Directors would concur with Mr. Marx's offer. He said the church supported the project, but only had concerns with the zoning. A motion was made, seconded, and passed to reopen the public hearing. Mr. Jim Chairnquist, 6203 Beverly Hills, Houston, TX, thanked the Council for their support of the project. An unidentified gentleman and Mr. Tim Brawley, 715 S. Upper Broadway, also spoke in support of the project. Mr. Garrett 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. 025963 Minutes - Regular Council Meeting September 21, 2004 - Page 11 Amending the Zoning Ordinance, upon application by Housing 2000 by changing the zoning map in reference to Hampton, Block 2, Lots 1 through 12, Furman, Block 2, Lots 1 through 11, Ryan Tract, Lot 0, Bluff Front, Lot T, Furman, Block 1, Lots 1A, 2A, 3, 4, and 5, from "AB" Professional Office District, "A-1"/SP Apartment House District with a Special Permit, "A-1" Apartment House District and "A-2" Apartment House District to"B-5" Primary 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: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Scott abstained. 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. 0804-03, Wiedv Gunawan: A change of zoning from a "R -1B" One -family Dwelling District to a `B-1" Neighborhood Business District. The property is in Bass Subdivision, Block 29, Lots A and B, located on the north side of Sandra Lane, approximately 300 feet east of Airline Road. City Secretary Chapa said the Planning Commission and staff recommended the denial of the `B-1" Neighborhood Business District, and in lieu thereof, approval of an "AB" Professional Office 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. City Secretary Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 025964 Amending the Zoning Ordinance, upon application by Wiedy Gunawan by changing the zoning map in reference to Bass Subdivision, Block 29, Lots A and B from "R -1B" One - family Dwelling District to "AB" Professional Office 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: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. * * * * * * * * * * * ** Mayor Neal opened discussion on Item 22 regarding the abandoning and vacating of Seabreeze Drive (tabled from September 14, 2004). City Secretary Chapa announced that Mr. Scott would be abstaining from the vote and discussion on this item. Mayor Neal asked for public comment. Ms. Mary Ann Guthrie, 8310 Baylark, expressed concern about the accuracy of Mr. Larry Urban's cost estimates for the proposed access road. Minutes - Regular Council Meeting September 21, 2004 - Page 12 Director of Development Services Barbara Bailey stated that when staff met with the Guthries and the developers, Mrs. Guthrie said she was now opposed to the first road configuration proposed last week. She preferred to see a road that continued all the way to Seabreeze Drive to maximize the access to her property. Ms. Bailey said the parties subsequently agreed to trade the rights-of-way for Seabreeze Drive, approximately 27,000 square -feet and valued at approximately $27,000, for the 30,000 square feet required for the new road. This would give the developers a credit of 3,000 square feet, or $3,000 (a dollar per square foot). Ms. Bailey said the developer would then provide half of the private sector cost for the road, $62,400 minus the $3,000 credit, for a total of $59,454.10. Ms. Bailey noted the cost estimates for the road were approximately 25 percent lower than bids the city would expect to receive because city projects were generally more expensive than private sector projects. She said Mr. Urban had presented a number of bids for other private sector projects and they were all in line with this cost estimate. She concluded that staff was comfortable with the accuracy of Mr. Urban's cost estimates. City Secretary Chapa polled the Council for their votes as follows: 22. ORDINANCE NO. 025965 Ordinance abandoning and vacating a 27,082 -square foot portion of an undeveloped and unsurfaced 60 -foot wide dedicated public right-of-way (Seabreeze Drive) extending 451 linear feet north of South Padre Island Drive, out of Lot A, Block 2, and Lot A, Block 3, Southbay Addition Annex; 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: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Scott abstained. Mayor Neal called for a recess to hold the Corpus Christi Community Improvement Corporation Meeting and then to present proclamations. * * * * * * * * * * * * * The Council returned from recess, and Mayor Neal called for petitions from the audience. Mr. Carlos Torres, 6014 Ayers, spoke in support of the Council's approval of the TriData Corporation contract to perform a comprehensive analysis of the fire department. Mr. Chesney asked the Mayor if staff could provide a presentation on the status of the police and fire training facility. Mayor Neal agreed, saying several Council members also had questions on outstanding projects. He said he would dedicate time during the Council Comments period for a discussion. * * * * * * * * * * * * * Mayor Neal announced the executive session, which was listed on the agenda as follows: 24. Executive session under Texas Government Code Section 551.074 for deliberations regarding the duties of Municipal Court Judges and the appointment of full time and/or part Minutes - Regular Council Meeting September 21, 2004 - Page 13 time municipal court judges with possible discussion action related thereto in open session. The Council went into executive session. The Council returned from executive session and the following motion was passed with the following vote: 24. MOTION NO. 2004-369 Motion appointing Mike Alaniz as Judge of the Municipal Court of Corpus Christi, Texas effective September 27, 2004 and setting his salary at the same annual salary level as the other Municipal Court Judges to a term co -terminous with that of the City Council. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. * * * * * * * * * * * * * Mayor Neal referred to the presentation on the day's agenda, a regional park proposal by the Coastal Bend Regional Park Foundation (CBRPF), Incorporated. Mr. Gregory T. Perkes, CBRPF president, reported the foundation was created in 1994 as a means of creating an equestrian park. It became evident, however, that an equestrian park would not provide the diversity of use needed to make the park economically viable. Two years ago, he said the former board member regrouped to promote the idea of a regional park. During the past two years, the group has established a 16 - member board of directors and a 50-60 member advisory board. In addition, Mr. Perkes stated the board had adopted a business plan and a conceptual to make the park a reality. Mr. Perkes stated the group had recently launched a capital campaign to gain financing for the plan and the land acquisition stage. They also hoped to receive endorsements from government and non-profit groups in support of the plan, which was the purpose of their visit today. He said government endorsements were important when applying for state and federal grants. Finally, he commented the city's Park and Recreation Advisory Committee, the Nueces County Commissioners Court, and the Coastal Bend Council of Governments had endorsed the project. Mr. Perkes discussed the plans for the park in more detail, complete with illustrations. He provided a project overview, stating the park was intended to be a regional oasis designed to enhance the recreational and outdoor activities of South Texas. The tentatively selected site was a 1,600 acre stretch of land along Oso Creek, just outside the city limits but within the city's ETJ. The park plan would incorporate a Targe variety of tall and medium-sized trees compatible with the area, such as hackberry, cedar elm, ash, pecan, and cottonwoods. He said the park was designed and patterned on other famous recreational parks, such as Central Park in New York City and Balboa Park in San Diego. The foundation would be responsible for overall management and maintenance, while the various activity centers and venues would be operated and maintained by other organizations known as "leaseholders". Mr. Perkes reported the plans for the park would be phased over 20 years. The group believed portions of the plan for the main entrance, the CBRPF headquarters building, the Asian Gardens, the Museum District, the equestrian facility, and the Kid's Park could be funded and implemented in five years time. Minutes - Regular Council Meeting September 21, 2004 - Page 14 Mr. Perkes provided details on each of the proposed sectors of the five-year plan. The main entrance would feature sculptural fountains designed by a local renowned artist, and flowering beds surrounding a tiled pavilion. The CBRPF headquarters building would house classrooms, park management offices, and the park gift shop, as well as the park ranger station and a first aid station. The Asian Gardens would be situated on 50 to 75 acres of land, featuring Asian trees, plants, sculpture and architectural elements reminiscent of the Far East. He said the Asian Gardens sector of the park was the highest priority for the group at this time, and the project was being coordinated with the Asian Cultures Museum & Educational Center. The museum district would house one or possibly two museum at opening, but would be designed to allow space for additional museums in the future. The equestrian facility would include stables, provide riding lessons, and a small arena for a posse area. Finally, the Kid's Park would include green space, play equipment, and sand boxes, a learning treehouse, and a swimming hole. Mr. Perkes said the 20 -year plan included the creation of a golf course and a tent and RV park area. Regarding the golf course, he said most regional parks included a golf course, but since the city was not ready for another golf course at this time, this was considered a long-range project. In addition, he reported the Corpus Christi Tennis Association had approached the group to see about reserving a eight to ten acre portion for a future tennis conference facility. Mr. Perkes discussed a series of long-term projects beyond the 20 -year time frame. He said the following projects did not have a sponsor in place for financing at this time: scouting world, archery and arms sector, hiking and biking sector, zoological park, research center, and acres of trees, water, and green space. The scouting world sector would be comprised of 50 to 75 acres with cabins with twin dorms, central kitchens and common gathering areas, as well as tent camping sites. Scouting world would also have climbing walls, ROPES courses, and outdoor skills areas for both boys and girls of all ages. The archery and arms sector would be designed for archery and arms enthusiasts, and would include an archery range, pistol range, rifle range for target practice and training, and a museum devoted to historical arms and weapons. The research center would a state- of-the-art center where botanists, zoologists, and other related sciences could conduct research seminars and classes. Finally, the zoological gardens would include a petting zoo, and eventually evolve as a full-fledged zoological park. In conclusion, Mr. Perkes asked the Council to consider endorsing this project. Mayor Neal asked City Manager Noe to prepare a resolution and bring it back to the Council for action at a later date. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. City Manager Noe reported the Neighborhood Pride Effort was continuing in the Oso Recreation Center area, and the neighborhood was rallying to curb the gang activity in the area. In addition, Mr. Noe announced the city had received a $450,000 grant from the U.S. Fish and Wildlife Service for the construction of 48 new boat slips in the marina. Finally, he reported the next Council meeting would include the following agenda items: RTA's annual report; CVB's quarterly update; and consideration of the pipeline ordinance. Mayor Neal initiated a discussion on how the Council could use the public information Minutes - Regular Council Meeting September 21, 2004 - Page 15 format to get the facts out about the Bond 2004 special election, noting that early voting for the election was scheduled to begin in about four weeks. He asked Director of Public Information Cheryl Soward to report on the city's public information campaign to date. Ms. Soward replied staff was working on a voters guide to be printed in English and Spanish. The guide had been reviewed by the legal department and was undergoing a final review by the engineering department. Mayor Neal asked when the Council would have an opportunity to approve the guide. City Manager Noe replied the Council would receive a final draft, but would not be asked to formally approve the guide because, as Bond Counsel Jeff Leuschel had pointed out in a previous discussion, the guide could then be construed as a contract between the Council and the voters. Mayor Neal asked for more information on the public information campaign. Ms. Soward answered the city's website had a Bond 2004/Special election link providing access to press releases, the voters guide, and the proposed bond package list. For those citizens without internet access, she said the voters guide would be widely distributed through media outlets and public meetings pending final approval at the end of this week. In addition, Ms. Soward said a Frequently Asked Questions (FAQS) list would be available on the website and for distribution pending final approval. Ms. Soward reported staff would also make presentations to a wide variety of organizations in the city. She said staff would make presentations upon request, and they would also make contact with organizations they have presented to in the past on civic matters. Staff was creating a "stock" PowerPoint presentation that all presenters would use. Mr. Noyola emphasized the importance of having all public information materials translated into Spanish. Ms. Soward replied that all the materials would be available in Spanish. Mayor Neal asked if a media packet was planned for distribution to all media outlets in English and in Spanish. Ms. Soward answered affirmatively. He said his main concern was that the city get the facts out on the special election to every media outlet, organization and group as many times as necessary. Mayor Neal asked City Engineer Escobar to have a project status report on Bond 2000 at the ready, because he had heard comments in the community that the Bond 2000 projects hadn't been completed. He had even heard community talk that the Bond 1986 program had not been completed. He asked staff to provide the Council with the presentation schedule as soon as possible. Mr. Garrett stated many citizens were concerned about the alleged cost overruns on the arena and baseball stadium. He said, for example, many citizens were not aware the $30-35 million figures the city had estimated for the arena during the bond election were only rough estimates. He asked staff to provide the facts on the arena and stadium funding. Mayor Neal added there was similar confusion about the police and fire training facility, and he also asked staff to work on disseminating the facts on this project. Mr. Scott remarked that the public information effort should focus on the city's achievements as well. Mayor Neal agreed, but said his main concern was to confront the negativity of the naysayers in the community with factual information. Mayor Neal called for Council concerns and reports. Mr. Kelly reported that a number of his constituents had asked if the city could present Cher with the Key to the City since her concert Minutes - Regular Council Meeting September 21, 2004 - Page 16 was opening the new arena. He also asked for an update on the removal of water tanks near the Ben Garza Gym to make room for the future field of the PALS baseball league. City Engineer Escobar replied the testing sequence of the pump station that replaces that area was still in progress, and was scheduled for completion in thirty days. Actual demolition and removal of the old Coldwell water reservoir tank by Ben Garza Gym would probably start in the second week ofNovember, and should be completed by the end of the year. Mr. Kelly asked when the baseball fields would be put in. Director of Parks and Recreation Sally Gavlik replied the city would use CDBG funds to develop the master plan for the area. Staff would obtain cost estimates on the work and then secure funding. Mr. Kelly asked if the project would be included in the next round of CDBG. Ms. Gavlik replied negatively. Mr. Kinnison asked for more information on the voters guide. Director of Public Information Cheryl Soward replied the booklet was 24 pages long and would be 4.5 inches by 5.5 inches. He asked how the information would be distributed. Ms. Soward said the information would be distributed at presentations and public facilities (libraries, city hall, etc.). Mr. Kinnison asked whether the Council could assume an advocate's role if present at a city -sponsored presentation. City Attorney Mary Kay Fischer recommended the Council provide factual information only at a city -sponsored presentation, and refrain from assuming an advocate's role. Mr. Kinnison asked if the Council were active with a non -city sponsored group, could they advocate for issues in the special election in that capacity. City Attorney Fischer replied affirmatively, since in that case they would be acting as a private citizen. Mayor Neal asked if a Council member was asked to make a presentation on the election and he wished to advocate for it, could the voters guide be handed out at the presentation. City Attorney Fischer replied she would not recommend that a Council member hand out any information on the election because it could be perceived as approval. Mayor Neal asked if city staff could hand out the information. City Manager Noe answered affirmatively, adding that if the Council had any questions or concerns on election issues to contact Ms. Fischer on a one- on-one basis. Mr. Garrett asked who was responsible for mowing the right-of-ways and alleyways in the city, the property owner or the city? Mr. Noe replied it was the adjacent property owner in most cases, including alleyways. Mr. Garrett asked if it would be possible to finish McArdle Road by the end of November instead of December to prevent headaches during the holidays. City Engineer Escobar replied he would look into it. Mr. Scott remarked he had noticed an increase in graffiti in the southside of town over the last 30 to 60 days. He had received reports that the Sherwin Williams store and Denny's Restaurant had been targeted recently. He asked for a report from the police to see if they also felt there was a problem, and if so, what could be done about it. Mayor Neal agreed with Mr. Scott's assessment, and Council Member Colmenero commented he had recently noticed a similar increase in graffiti in the central and west side of town. City Manager Noe replied the Graffiti Wipe -Out Program had transferred recently from the Junior League to the Volunteer Center, and since that time the effort had not had the same results in terms of response and public awareness. He said staff would provide a report. Mr. Scott commented the medians near I-37 and downtown and Ennis Joslin needed mowing. City Manager Noe replied the city was responsible for mowing those areas, but due to the ozone action days and rain recently, staff had not mowed and would need to catch up. Mr. Scott stated when the talk about building a skate park had first commenced, the First Baptist Church had offered to build one if there was not going to be another skate park downtown. The Junior League Minutes - Regular Council Meeting September 21, 2004 - Page 17 at that time had said they were going to build their skate park at the Boys and Girls Club, so First Baptist Church proceeded with their skate park project. Now, he said the Junior League was looking at building their skate park in one of the parks around First Baptist Church downtown. Mr. Scott stated the city was obligated to include the First Baptist Church in the dialogue with the Junior League. City Manager Noe replied there would be a public input period before any decision was made, and the First Baptist Church would be included in the dialogue. Mr. Colmenero reported there were a number of major potholes at the intersection of the Gollihar and Ayers construction site. He asked City Engineer Escobar to repair them as soon as possible. Mr. Noyola asked if the city were to build a skate park at a city park, would they face liability issues. City Manager Noe replied cities were protected from liability issues regarding skate parks by statute. Mr. Noyola asked if there would be any fees for use at a city skate park. Mr. Noe replied negatively, saying the park would be free to the public. He also said a city park would not require staffing, like the Boys and Girls Club site. Mr. Noyola also said he had received complaints regarding high weeds on city property while citizens were being fined for having high weeds on their property. City Manager Noe remarked the city had to mow not only their property, but often had to mow the property of citizens who had neglected to mow. He said the city was behind in their mowing but would catch up. Mr. Noyola also expressed concern about reports that Cher's fan club had reserved a large number of tickets for her Corpus Christi show. He said this was not fair to local citizens who were paying for the facility yet were not able to buy a ticket to the sold -out show. He asked if there was any way the number of tickets purchased could be limited. Mr. Noe replied there was a limit of eight tickets per transaction. Mr. Noyola said he had heard differently. Mr. Noe said staff would provide a report. Regarding the skate park issue, Mr. Kinnison suggested the city look at alternate sites besides those in the downtown area, such as Swantner Park. Mr. Noe replied the project was being sponsored by the Junior League, who had expressed a desire for a more central location, like the downtown area. He said he could schedule the Junior League to make a presentation at a Council meeting or he could convey their concerns and ask the Junior League to respond. Mayor Neal interjected when the Junior League proposal was first brought to the Council, they named the Boys and Girls Club as the skate park site. Mayor Neal said he approved the project because it was going into an area that desperately needed facilities. He said he wasn't sure he would have voted for the project on Cole Park. City Manager Noe answered he would schedule a presentation with the Junior League. Mayor Neal said across from the arena site, a parcel of private property was being choked to death by the arena construction. He asked staff to address parking and access issues for this property. Mayor Neal also asked Mr. Chapa and Mr. Noe to place the evaluation of the city manager on the agenda next week for completion. He also said he had received a letter which he would like placed on the agenda for next week. In addition, he mentioned the unsuccessful attempt of the Pearl Harbor Survivors Association to rename the Harbor Bridge. He asked Mr. Chapa and staff to move quickly on designating the approach to the Harbor Bridge or something of that nature to recognize the survivors before the end of the year. Finally, he asked for an update on the downtown drainage improvements within the next two weeks. City Engineer Escobar replied an update was planned for inclusion in the city manager's packet this Friday. Minutes - Regular Council Meeting September 21, 2004 - Page 18 There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 1:44 p.m. on September 21, 2004. * * * * * * * * * * * * *