HomeMy WebLinkAboutMinutes City Council - 01/11/2005I 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 January 11, 2005, which were approved by
the City Council on January 18, 2005.
WITNESSETH MY HAND AND SEAL, on this the 19th day of January, 2005.
Armando Chapa
City Secretary
SEAL
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Bill Kelly
Council Members:
Javier Colmenero
Brent Chesney
Melody Cooper
Henry Garrett
Rex Kinnison
Jesse Noyola
Mark Scott
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
January 11, 2005 - 10:04 a.m.
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 Pastor Buddy Murphrey of Southcrest Baptist Church, and the Pledge
of Allegiance to the United States flag was led by Council Member Mark Scott. 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 December 21, 2004. A motion was made and passed to approve the
minutes as presented.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 2, the second reading of the proposed smoking
prohibition ordinance. City Manager Noe explained there were a series of proposed amendments
to this ordinance for the Council's consideration. The first proposed amendment was posted on the
agenda, and in effect exempted billiard halls from the ordinance. The second amendment would
exempt bingo halls. The third amendment related to the exemption for private clubs, and the fourth
amendment exempted bars that are separate rooms within restaurants. He noted there were two
versions of the fourth amendment, one proposed by the Coastal Bend Restaurant Association, and
the other proposed by staff.
Mayor Neal asked for discussion on the first amendment exempting billiard halls. Council
Member Noyola made a motion to amend prior to second reading the ordinance amending Sec. 23-
74, Smoking Prohibitions, by revising the language in Sec. 23-74(b)(4) by deleting the subsection
heading entitled "Billiard halls and bowling alleys"; inserting the subsection heading entitled
"Billiard halls, bingo halls, and bowling alleys"; and deleting the subsection text "to billiard halls
and" and replacing the text with "to billiard halls, bingo halls, and". This motion was seconded by
Mr. Colmenero. City Secretary Chapa polled the Council for their votes on Mr. Noyola's motion
to amend as follows:
Minutes - Regular Council Meeting
January 11, 2005 - Page 2
2.a. MOTION NO. 2005-001
Motion to amend prior to second reading the ordinance amending Sec. 23-74, Smoking
Prohibitions, by revising the language in Sec. 23-74(b)(4) by deleting the subsection heading
entitled "Billiard halls and bowling alleys"; inserting the subsection heading entitled
"Billiard halls, bingo halls, and bowling alleys"; and deleting the subsection text "to billiard
halls and" and replacing the text with "to billiard halls, bingo halls, and".
City Secretary Chapa polled the Council for their votes as follows: Neal, Chesney,
Colmenero, Noyola and Scott, voting "Aye"; Cooper, Garrett, Kelly, and Kinnison, voting
"No".
Mayor Neal opened discussion on the second proposed amendment exempting private clubs
from the smoking prohibition ordinance except when tickets to a club event were sold to the general
public. In this instance, the private club would be considered a public venue, and thus the smoking
prohibition ordinance would apply.
Mr. Kinnison spoke in support of this amendment because he felt the exemption of private
clubs was acceptable if these venues were not open to the general public. City Secretary Chapa
polled the Council for their votes on the proposed amendment related to private clubs as follows:
Kinnison and Scott, voting "Aye"; Neal, Colmenero, Cooper, Garrett, Kelly, and Noyola, voting
"No"; Chesney abstained. The motion to amend failed.
Mayor Neal opened discussion on the third proposed amendment regarding the exemption
of enclosed bar areas within restaurants and hotels (food service establishments). City Manager Noe
stated the original proposal initiated by the Coastal Bend Restaurant Association broadly described
the requirements to exempt wholly enclosed and separately ventilated bar areas. By contrast, Mr.
Noe said staffs proposed amendment was much more detailed, based on the language included in
other ordinances around the state.
Mr. Chesney stated that although he personally abhorred smoking, he was in favor of the
proposed amendment exempting enclosed bar areas because it seemed like a good compromise. He
asked Mr. James Gray with the American Heart Association to explain why they were opposed to
the said amendment. Mr. Gray replied research has shown that while ventilation systems can
remove smoke particles from the air, they are ineffective at removing the carcinogens and
contaminants in cigarette and cigar smoke. Ventilation systems were also expensive investments
for businesses. Mr. Gray stated the group supported the proposed smoking prohibition because they
felt it was an incremental step toward their final goal of a total ban on smoking in public spaces.
They did not believe, however, that the proposed amendment exempting enclosed bar areas would
not protect the public health.
Mayor Neal asked for public comment on each of the preceding amendments, and many
individuals spoke at varying times throughout the proceedings. The following individuals spoke
against the proposed smoking prohibition ordinance: Mr. Robert Brunson, 8253 Agnes; Ms. Dee
Huber; Mr. Clark James with Citizens for Choice and Common Sense; Mr. Jim Soder; Ms Anna
Spinuzi; Mr. Wayne Hodge, 3626 Redwood; Ms. Brenda Emory; Ms. Cheryl Bratcher; Ms. Valerie
Minutes - Regular Council Meeting
January 11, 2005 - Page 3
Telles; Mr. J.P. Kinney; Mr. Jack Gordy, 4118 Bray; Mr. Ralph Jennings; Mr. Joseph Farrah; Mr.
Steve Moore; an unidentified gentleman who was a Corpus Christi Country Club member; and Mr.
David Noyola.
The following individuals spoke in favor of the first reading ordinance passed on December
14, 2004, and/or opposed any amendments for fear they would dilute the power of the ordinance:
Mr. Phil Rosenstein; Mr. Abel Alonzo, 1801 Thames; Ms. Chris Lawrence; Mr. Larry Primeau; Dr.
lley Browning; Ms. Mimi Kyle; Ms. Mary Dale Peterson; Mr. James Gray with the American
Cancer Society; Dr. Gerard Voorhies; Ms. Dora Del Toro with the State's Regional Tobacco
Prevention and Control Group in Harlingen, TX; Dr. Phil Huang with the Texas Department of
Health Services; and Ms. Karen Beard.
Mr. David Bentley and Ms. Jennifer Smith spoke against the proposed smoking prohibition
ordinance because they believed it placed restaurants with bars at a disadvantage. They advocated
either a total ban on smoking in restaurants and bars to level the playing field, or an exemption for
restaurants like their establishment that became bars after 10:30 p.m.
Mr. Dee Haven with the Coastal Bend Restaurant Association, and Mr. Steve Kelley and Mr.
J.D. McDonald with the Outback Steak House spoke in favor of the proposed amendment exempting
enclosed bar areas, but asked the Council to allow business owners to exercise their rights to run
their business as the market dictated.
Mr. Bill Kopecky, 3609 Topeka, commented regarding the February 1, 2005 effective date
for the ordinance, saying he would be submitting a referendum petition within 60 days that would
prohibit the enforcement of the ordinance. He suggested the effective date be changed to May 1.
Mayor Neal made a motion to amend the proposed smoking prohibition ordinance to ban
smoking in all public places, seconded by Ms. Cooper. City Secretary Chapa polled the Council for
their votes on the said amendment as follows: Neal, Cooper, Kelly, and Kinnison, voting "Aye";
Chesney, Colmenero, Garrett, Noyola, and Scott, voting "No". The motion failed.
Mayor Neal made a motion to amend the proposed smoking prohibition ordinance to ban
smoking in all restaurants and all bars, seconded by Ms. Cooper. City Secretary Chapa polled the
Council for their votes as follows: Neal, Cooper, Kelly, and Kinnison, voting "Aye"; Chesney,
Colmenero, Garrett, Noyola, and Scott, voting "No". The motion failed.
A motion was made and seconded by Mr. Noyola to amend the proposed smoking
prohibition ordinance by exempting enclosed bar areas within food service establishments and
hotels, as drafted by city staff. City Secretary Chapa polled the Council for their votes as follows:
Chesney, Colmenero, Noyola, and Scott, voting "Aye"; Neal, Cooper, Garrett, Kelly, and Kinnison,
voting "No". The motion failed.
City Secretary Chapa polled the Council for their votes on the proposed smoking prohibition
ordinance on its second reading as amended as follows:
Minutes - Regular Council Meeting
January 11, 2005 - Page 4
2.b. ORDINANCE NO. 026094
Amending the Code of Ordinances, Section 23-74, Smoking Prohibitions, Subsection
(b)(1)(e), by revising the language; amending Subsection (b)(4) by revising the language;
and establishing an effective date. (First Reading 12/14/04)
The foregoing ordinance was passed and approved on its second reading as amended with
the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola
and Scott, voting "Aye".
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience. Ms. Becki Jones, 1856 C.R. 32, spoke
in favor of extending the hours of the animal care facilities to better serve the community. Ms.
Sherry Dunlap, 5825 Hopkins, spoke regarding alleged discrepancies in staff survey results for King
County and San Mateo County presented during the second reading of the animal care ordinance.
Mr. Jack Gordy, 4118 Bray, spoke regarding Item 25, an executive session regarding a legal
settlement, and also regarding the alleged mismanagement of the public access studio. Ms. Cruz R.
Colomo and Mr. George Iniguez, 713 Texas Avenue, refuted Mr. Gordy's claims, saying the public
access studio was in good standing.
Ms. Cooper expressed frustration that the management of the public access studio was an
ongoing problem, and she asked staff how to resolve the matter. City Manager Noe replied staff
would brief the Council next week on how to terminate the city's involvement in the public access
studio management, as Mr. Chesney had suggested. He felt this was the only viable solution.
Mayor Neal called for a brief recess to present proclamations.
* * * * * * * * * * * * *
The Council returned from recess, and Mayor Neal announced the executive sessions, which
were listed on the agenda as follows:
25. Executive session under Texas Government Code Section 551.071 regarding Cause No. C-
04-110, Bobby Wayne Ballard vs. City of Corpus Christi, et al, in the United States District
Court for the Southern District of Texas, Corpus Christi Division, with possible discussion
and action related thereto in open session.
26. WITHDRAWN
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Minutes - Regular Council Meeting
January 11, 2005 - Page 5
27. 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
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 motions were passed with the following vote:
25. MOTION NO. 2005-015
Motion authorizing the City Manager to settle Cause Number C-04-110; Bobby Wayne
Ballard vs. City of Corpus Christi et al, in the United States District Court for the Southern
District of Texas, for the sum of $100,000.00, subject to the certification of funds.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were
absent.
27. MOTION NO. 2005-016
Motion appointing Hector DePefia, Melissa Madrigal, and Jerry Batek as Part -Time Judges
of the Municipal Court of Corpus Christi, Texas effective January 17, 2005 and setting their
salaries at an hourly rate equal to that of the other Municipal Court Judges to work hours as
determined by the Presiding Judge to terms co -terminous with those of the City Council.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were
absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 4 regarding short-term and long-term leases for the
operation of the food and beverage concessions at the airport. Director of Aviation Dave Hamrick
explained that the original concessionaire's lease was terminated in October 2004 by mutual
agreement. Since then, the city entered into short-term agreements with Whataburger and Noble
Food Services to continue food and beverage service.
Mr. Hamrick reported staff developed, published, and directly mailed an RFP for food and
beverage services to 65 prospective companies, 62 of which were local companies. Two responses
were received, both from out-of-town vendors as follows: Game Time Food and Beverage Services
from Buffalo Groves, IL and MSE Branded Foods from Gainesville, GA. The selection committee
chose Game Time Food and Beverage Services, Inc.
Mr. Hamrick stated staff entered into and completed negotiations with Game Time. The
negotiations yielded a ten-year agreement with Game Time with one five-year option to extend. He
was excited to report Game Time would provide food and beverage service both pre- and post -
checkpoint, a first for the airport. Game Time would pay the city a minimum guarantee of $72,000,
or a percentage ranging from 12 percent to 17 percent of the gross annual sales, whichever was
Minutes - Regular Council Meeting
January 11, 2005 - Page 6
greater. In addition, Game Time would provide a quarter of one percent of gross sales towards an
equipment maintenance fund, and a quarter of one percent of gross sales towards a marketing and
advertising fund. Mr. Hamrick also reported Game Time would provide $175,000 for new
equipment that would become city property at the end of the lease.
Mr. Hamrick reported the city had agreed to provide up to $105,000 for infrastructure
modifications. He displayed a number of photos illustrating the building modifications necessary
to provide pre- and post -checkpoint food and beverage service. The post -checkpoint food and
beverage service area would be located in the gate area next to the current news and gift shop. The
current restaurant space, formerly a Chili's, would be converted to pre -checkpoint status by
removing the glass wall dividing the current Whataburger service windows, and relocating it to the
current entrance of the former Chili's.
There were no comments from the audience. City Secretary Chapa announced that Mr.
Noyola was abstaining from the vote and discussion on this item. He polled the Council for their
votes as follows:
4.a. ORDINANCE NO. 026095
Ordinance authorizing the City Manager or his designee to execute a Short Term Lease
Agreement with Amarillo Sports Services, Inc. doing business as Game Time Food and
Beverage Services, Inc. for the operation of food and beverage concession at the Corpus
Christi International Airport in consideration of payment of a minimum rental fee and
percentage rent, commencing upon the later of the date of award by the City Council or
February 1, 2005 for a period not to exceed one year.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Cooper, Garrett, Kelly, and Kinnison, voting "Aye";
Colmenero and Scott were absent; Noyola abstained.
4.b. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a Long -Term Lease Agreement
with Amarillo Sports Services, Inc. doing business as Game Time Food and Beverage
Services, Inc. for the operation of a food and beverage concession at the Corpus Christi
International Airport in consideration of payment of a minimum rental fee and a percentage
rent for a term of ten years with a five year option to renew upon agreed terms.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Neal, Chesney, Cooper, Garrett, Kelly, and Kinnison, voting "Aye"; Colmenero and
Scott were absent; Noyola abstained.
Mayor Neal opened discussion on Item 5, a construction contract for Phase 1 Part "A" of the
Lindale/Chenoweth Subdivision Drainage Improvements project. City Engineer Angel Escobar
explained this project was part of the $55 million in drainage improvements approved by the City
Council. This contract would authorize work on the first of three phases for this project, totaling
$6.3 million. The work on Phase 1 Part A, extending from Ocean Drive to Santa Fe (near
Minutes - Regular Council Meeting
January 11, 2005 - Page 7
Chenoweth Drive), will cost approximately $3,009,625. Mr. Escobar stated in June 2005, Part "B"
of the project, extending from Santa Fe Drive to Reid Drive in the Lindale subdivision, would begin
construction. In addition, he said the work on Reid Drive included the street work approved in the
Bond 2004 issue.
Mr. Escobar reported the project consisted of a Base Bid and one Additive Alternate. The
Additive Alternate was the purchase of a 9 -foot by 9 -foot concrete box culvert to be temporarily
stored and then delivered to the Lindale/Chenoweth project construction site for future installation
between Ocean Drive and Corpus Christi Bay.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
5. MOTION NO. 2005-003
Motion authorizing the City Manager or his designee to execute a construction contract with
Ramos Industries, Inc. of Pasadena, Texas in the amount of $3,009,625 for the
Lindale/Chenoweth Subdivision Drainage Improvements, Phase 1 Part "A" for the Base Bid
and Additive Alternate No. 1.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were
absent.
Mayor Neal opened discussion on Item 3, a motion to amend the city's legislative program
to support the "metrogovernment" concept, an effort to consolidate local governmental functions
where possible and provide joint provision of local governmental services to reduce costs and
increase efficiency. Mr. Chesney commented that he wished to change the motion's wording to read
"The City supports the consolidation of local governmental functions and entities...". In addition,
he asked the Mayor to consider appointing a committee of select Council members who would meet
with the County Judge and representatives from the Commissioners Court to discuss possible areas
of consolidation.
Mayor Neal supported the idea of studying possibilities for the consolidation of local
government services, but shied away from the term "metrogovernment" until further study. He
believed the proposed dialogue was a good beginning for the consolidation effort, but he did not
support targeting specific legislation on metrogovernment at this point. He had studied sample
metrogovernment legislation, and he clearly did not support the creation of a "super" County Judge
provided for in some of the legislation.
Mr. Kinnison and Mr. Noyola also spoke in support of the general concept, with the hope
the county would support the idea as well, because otherwise the discussions would stall. Mayor
Neal also stated it had been alleged that the city wished to begin this dialogue with the county
because of poor finances. He said nothing could be further from the truth; rather, the city wished
to pursue the idea as a way to increase efficiency and reduce costs.
Minutes - Regular Council Meeting
January 11, 2005 - Page 8
There were no comments from the audience. Mr. Chesney made a motion to amend the
motion as follows: to change the wording to read "The City supports the consolidation of local
governmental functions and entities..."; and to provide for the appointment of a four -member
Council committee to meet with the County Judge and/or representatives from the Commissioners
Court to discuss possible areas of consolidation. The motion to amend was seconded by Mr. Kelly,
and passed. City Secretary Chapa polled the Council for their votes on the motion as amended as
follows:
3. MOTION NO. 2005-002
Motion to amend the 2004-2005 City of Corpus Christi Legislative Program by amending
Section XII Efficient Administration by adding a new Section h, under Actively Support to
read as follows:
H. CONSOLIDATION OF LOCAL GOVERNMENTAL FUNCTIONS AND
ACTIVITIES: The City supports the consolidation of local governmental functions
where possible and the joint provision of local governmental services and entities
through the maximum use of interlocal contracts for service provision where
possible, both with the goal of reducing governmental cost and providing
governmental services in the most efficient manner possible.
and renumber the following section accordingly.
The foregoing motion was passed and approved as amended with the following vote: Neal,
Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero
was absent.
* * * * * * * * * * * * *
Mayor Neal called for consideration of the consent agenda (Items 6-17). City Secretary
Chapa announced that Council Member Noyola was abstaining from the vote and discussion on
Items 10 and 15, and Council Member Kelly was abstaining from the vote and discussion on Items
6, 12, and 16. There were no comments from the audience. A motion was made and passed to
approve Items 6 through 17, constituting the consent agenda. City Secretary Chapa polled the
Council for their votes as follows:
6. MOTION NO. 2004-474
Motion approving the allocation of $70,500 from the Hotel Occupancy Tax Fund and
$22,000 from the General Fund to fund grant contracts with 17 arts and cultural
organizations. Funding is authorized in the FY 2004-2005 budget.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent; Kelly
abstained.
Minutes - Regular Council Meeting
January 1 I, 2005 - Page 9
7. ORDINANCE NO. 026096
Ordinance appropriating $316,400 (from a Local Transportation Project Advanced Funding
Agreement grant from the Texas Department of Transportation) in the No. 1071 Community
Enrichment Fund to provide funding for the Bay Trail Phase 3 project; by increasing
appropriations by $316,400.
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.
8. MOTION NO. 2005-005
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
Contract for Professional Services with Goldston Engineering, Inc., ofCorpus Christi, Texas
in the amount of $227,831 for a total restated fee of $292,041 for the Southmoreland
Addition Area Street Improvements, Phases 3B and 4B.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent.
9.a. MOTION NO. 2005-006
Motion authorizing the City Manager or his designee to execute an engineering services
contract with Shiner, Moseley and Associates, Inc., of Corpus Christi, Texas in an amount
not to exceed $160,000 for the J. C. Elliott Landfill Sector Final Cover Phase 3 project.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent.
9.b. MOTION NO. 2005-007
Motion authorizing the City Manager or his designee to execute a materials testing,
laboratory services and liner construction documentation contract with Trinity
Engineering/Kleinfelder in an amount not to exceed $90,773 for the J. C. Elliott Landfill
Sector Final Cover Phase 3 project.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent.
Minutes - Regular Council Meeting
January 11, 2005 - Page 10
10. MOTION NO. 2005-008
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to an
Engineering Services Contract with IMDC, Inc., of Miami, Florida in an amount not to
exceed $24,988 for a restated fee of $41,529 for the Corpus Christi International Airport
Runway 13-31 Lighting and Cable Replacement project.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Colmenero was absent; Noyola
abstained.
11. MOTION NO. 2005-009
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
Contract for Professional Services with HDR Engineering, Inc., of Corpus Christi, Texas in
the amount of 5433,234, for a total restated fee of $458,207 for the Concrete Lined Channel
Rehabilitation and Bridge Rehabilitation Project as follows:
* Concrete Lined Channel Rehabilitation: Van Galen, Phase 1
* Concrete Lined Channel Rehabilitation: Carroll West
* Concrete Lined Channel Rehabilitation: Airport, Phase 2
* Concrete Lined Channel Rehabilitation: Flynn Shea
* Bridge Rehabilitation: Kingsbury Drive
* Bridge Rehabilitation: Lexington Road
* Drainage Channel Excavation: Saratoga Boulevard Bridge
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent.
12. MOTION NO. 2005-010
Motion authorizing the City Manager or his designee to execute Change Order No. 11 with
Moorhouse/Beecroft, Joint Venture, LLC, of Corpus Christi, Texas for the Convention
Center Expansion and Rehabilitation in the amount of $388,749 for various architectural,
electrical, mechanical, structural and other modifications.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent; Kelly
abstained.
Minutes - Regular Council Meeting
January 11, 2005 - Page 11
13. MOTION NO. 2005-011
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with Urban Engineering, of Corpus Christi, Texas in the amount of $196,000 for
construction inspection services on the Downtown Drainage Improvements Project as
follows:
* Phase 1 - Project "A" Water Street New Interceptors and Inlets
* Phase 1 - Project "B" Kinney Street Pump Station
* Phase 2 - Agnes Street Box Culvert and Diversion Lines
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent.
14. MOTION NO. 2005-012
Motion authorizing the City Manager or his designee to execute a construction phase
engineering services contract for corrosion protection with V & A Consulting Engineers,
Inc., of Oakland, California in an amount not to exceed $49,900 for the Southside Water
Transmission Main Phase 4 and 4A project.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent.
15. MOTION NO. 2005-013
Motion authorizing the City Manager or his designee to execute Change Order No. 14
(Entrance Roadway) with Bay, Ltd, of Corpus Christi, Texas in the amount of $130,000 for
the Corpus Christi International Airport Roadway and Parking Lot Improvements, Phase 2.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Colmenero was absent; Noyola
abstained.
16. MOTION NO. 2005-014
Motion authorizing the City Manager or his designee to execute Change Order No. 1 with
the Construction Manager at Risk Contract with Fulton/Coastcon and Hunt Construction
Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana in the amount of
$331,409 for installation of a 36 -inch Storm Water Main from Whataburger Field to the
Corpus Christi Ship Channel and increasing the Guaranteed Maximum Price to $21,791,935
for construction for the Professional Minor League Baseball Stadium.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Minutes - Regular Council Meeting
January 11, 2005 - Page 12
Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent; Kelly
abstained.
17. ORDINANCE NO. 026097
Ordinance authorizing the resale of one property located at 1025 Green Bay which was
foreclosed upon for failure to pay ad valorem taxes, for $3,650.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye"; Colmenero was absent.
*************
Mayor Neal referred to Item 18, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 1104-02, City of Corpus Christi Landmark Commission, Johann Collins: A
change of zoning from a "B-5" Primary Business District to a "8-5" with HC -IV Primary
Business District with Historical -Cultural Landmark Classification, resulting in a land use
change from primary business to primary business with landmark preservation. The property
is in the Beach Addition, Block 44, Lot 6, located on the southwest corner of Chaparral
Street and Palo Alto Street.
City Secretary Chapa said the Planning Commission and staff recommended the approval
of the "B-5" with HC -IV Primary Business District with Historical -Cultural Landmark
Classification.
No one appeared in opposition to the zoning change. Mr. Kinnison made a motion to close
the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes
as follows:
18. ORDINANCE NO . 026098
Amending the Zoning Ordinance, upon application by the City of Corpus Christi Landmark
Commission and Johann Collins by changing the zoning map in reference to Beach Addition,
Block 44, Lot 6, from "13-5" Primary Business District to "B-5" with "HC" -IV Primary
Business District with Historical -Cultural Landmark Preservation; 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, Garrett, Kinnison, Noyola and Scott, voting "Aye";
Colmenero and Cooper were absent; Kelly 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
January 11, 2005 - Page 13
19. ORDINANCE NO. 026099
Amending the Zoning Ordinance, upon application by Bay Breeze Development Company,
L.P., by changing the zoning map in reference to 60.15 acres out of Flour Bluff and Encinal
Farm and Garden Tracts, Section 27, Lots 6 through 8, from "F -R" Farm Rural District to
"R -1C" One -family Dwelling 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, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye";
Colmenero and Cooper were absent.
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. 1204-02 May Development L.P.: A change ofzoning from an"A-1" Apartment
House District to a "B-4" General Business District, resulting in a land use change from
medium density residential to general business. The property is located east of Lexington
Road and 400 feet south of South Padre Island Drive.
City Secretary Chapa said the Planning Commission and staff recommended the approval
of the "B-4" General Business District.
No one spoke in opposition to the zoning change. Mr. Scott made a motion to close the
public hearing, seconded by Mr. Kinnison, and passed. City Secretary Chapa polled the Council for
their votes as follows:
20. ORDINANCE NO. 026100
Amending the Zoning Ordinance, upon application by May Development, L.P., by changing
the zoning map in reference to 1.51 acres out of Flour Bluff and Encinal Farm and Garden
Tracts, Section 28, Lot 12, from "A-1" Apartment House District to "B-4" General 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, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye";
Colmenero and Cooper were absent.
Mayor Neal referred to Item 21, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 1204-03, Colson & Colson Construction Company: A change ofzoning from a "R-
IB" One -family Dwelling District to a "R-2" Multiple Dwelling District, resulting in a land
use change from low density residential to medium density residential. The property is
Minutes - Regular Council Meeting
January 11, 2005 - Page 14
located north of Lipes Boulevard and 400 feet west of South Staples Street.
No one spoke in opposition to the zoning change. Mr. Scott 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. 026101
Amending the Zoning Ordinance, upon application by Aman Ullah, by changing the zoning
map in reference to Behmann Subdivision, Block 2, Lot 4A, from "1-2" Light Industrial
District to "B-4" General 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, Noyola and
Scott, voting "Aye".
Mayor Neal opened discussion on Item 22, and a motion was made, seconded, and passed
to open the public hearing on the following zoning case:
Case No. 1204-04, Aman Ullah: A change of zoning from an "I-2" Light Industrial District
to a "B-4" General Business District, resulting in a land use change from light industrial use
to general business uses. The property is located along the northeast section of Crosstown
Expressway and South Padre Island Drive.
No one spoke in opposition to the zoning change. Mr. Chesney 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. 026102
Amending the Zoning Ordinance, upon application by Aman Ullah, by changing the zoning
map in reference to Behmann Subdivision, Block 2, Lot 4A, from "1-2" Light Industrial
District to "B-4" General 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, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye";
Colmenero and Cooper were absent.
Mayor Neal referred to Item 23, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 1204-05, City of Corpus Christi: A change of zoning from a "B-2" Bayfront
Business District to a "B-5" Primary Business District, resulting in a land use change from
bayfront business to primary business. The property is in the Beach Addition, in the north
half of Blocks 72, 81 and 91, located west of Shoreline Boulevard and north of Resaca
Minutes - Regular Council Meeting
January 11, 2005 - Page 15
Street.
Mayor Neal asked for public comment. Ms. Kathleen White stated she owned an office
building on the corner of Resaca and N. Shoreline Boulevard, near the new arena. She recently lost
a tenant in this building citing problems with access and parking availability attributable to the arena
construction. She asked the Council for assistance in remedying these problems so she would be
able to successfully re -let the building. City Manager Noe replied staff would work with Ms. White
to address these issues.
Mr. Scott made a motion to close the public hearing, seconded by Mr. Kinnison, and passed.
City Secretary Chapa polled the Council for their votes as follows:
23. ORDINANCE NO. 026103
Amending the Zoning Ordinance, upon application by the City of Corpus Christi, by
changing the zoning map in reference to Beach Addition, being the north half of Blocks 72,
81, and 91, from `B-2" Bayfront Business 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, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye";
Colmenero and Cooper were absent.
* * * * * * * * * * * * *
Mayor Neal recessed the regular Council meeting to hold the Corpus Christi Community
Improvement Corporation (CCCIC) meeting.
* * * * * * * * * * * * *
The Council returned from recess, and Mayor Neal called for the City Manager's report. City
Manager Noe reported the recruits from the Corpus Christi Fire Department Training Academy
began installing smoke detectors in selected homes around the community last Friday as part of their
40 -hour community service requirement for the academy. The fire department obtained 300 smoke
detectors from the State Fire Marshal's Office through the Prevention First Smoke Alarm distribution
program, and obtained an additional 300 smoke detectors specially designed to alert small children
were provided by KidSmart. He said the homes were selected with the assistance of the Head Start
program.
City Manager Noe stated the opening meeting for Neighborhood Improvement Program
(NIP) Area No. 8, comprised of the Molina area, would be held on Thursday evening at West Oso
Junior High.
City Manager Noe introduced Mr. Leon Bazan, the new director of human relations, saying
he had an extensive background in human resources.
Minutes - Regular Council Meeting
January 11, 2005 - Page 16
Finally, Mr. Noe said the following issues would be considered in the next Council meeting:
the city's involvement in public access channels and studios; the Convention and Visitors Bureau
(CVB) quarterly report; and a number of ordinances related to implementing the voter -approved city
charter visions.
Mayor Neal reported he would be absent from the next Council meeting to attend the U.S.
Council of Mayors conference in Washington, D.C., so Mayor Pro Tem Kelly would preside in his
place.
Mayor Neal called for Council concerns and reports. Mr. Scott said he spoken with Mr. Noe
about problems with duck hunters trespassing on Mr. Schexnailder's property on Padre Island. He
asked Mr. Noe to contact Mr. Schexnailder to suggest that he post "No Trespassing" signs on his
property.
Mr. Kinnison asked the Council meet with the Regional Transportation Authority (RTA)
regarding the streetcar system as soon as possible, since it was apparent they were proceeding with
the project even though the Council had clearly stated the city was not going to provide financial
support. He also wished to make the city's position on the streetcar concept in general clear to the
RTA. If the city wished to support the project concept, he said it was important to coordinate the
streetcar project with the bayfront improvement projects approved in Bond 2004. If not, then the
city needed to clarify this point with the RTA now. City Manager Noe suggested placing an item
on the January 25 Council meeting agenda for discussion. The Council concurred with this idea.
Mr. Noyola encouraged the residents in his district to attend the NIP meeting previously
announced by City Manager Noe, taking place at 6:00 p.m. in West Oso Junior High. Mr. Noe
added that flyers distributed for the event were printed in both English and Spanish.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 2:06 p.m. on January 11, 2005.
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