HomeMy WebLinkAboutMinutes City Council - 03/29/2005I 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 March 29, 2005, which were approved by
the City Council on April 12, 2005.
WITNESSETH MY HAND AND SEAL, on this the 12th day of April, 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
March 29, 2005 - 10 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 Damon Relder with the Wesley United Methodist
Church and the Pledge of Allegiance to the United States flag was led by Council Member Garrett.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council
and the required charter officers were present to conduct the meeting.
Mayor Neal called for approval of the minutes of the regular Council meeting of March 22,
2005. A motion was made and passed to approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Neal called for consideration of the consent agenda (Items 2-12). There were no
comments from the public. A motion was made and passed to approve Items 2 through 12,
constituting the consent agenda. City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
March 29, 2005 - Page 2
2. MOTION NO. 2005-103
Motion approving the purchase of three heavy trucks in accordance with Bid Invitation No.
BI -0063-05 from the following companies for the following amounts based on low bid for
a total amount of $168,365.85. All three units are replacements. Funding is available from
the FY 2004-2005 Capital Outlay Budget in the Maintenance Services Fund.
FleetPride International Champion Ford
Corpus Christi, TX Corpus Christi TX
1 Unit 2 Units
$76,221.85 $92,144
Grand Total: $168,365.85
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
3. MOTION NO. 2005-104
Motion approving the purchase of a forensic comparison macroscope from Meyer
Instruments, Inc., of Houston, Texas in accordance with Bid Invitation No. BI -0083-05,
based on only bid for a total amount of $79,315. This equipment will be used by the Police
Department. Funding is available from the Project Safe Neighborhood Police Grant.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
4. RESOLUTION NO. 026182
Resolution authorizing the City Manager or his designee to submit a grant application in the
amount of $12,413 to the State of Texas, Office of the Governor, Criminal Justice Division
for the Juvenile Accountability Incentive Block Grant Program to reduce juvenile
delinquency, improve the juvenile Justice system, and increase accountability of juvenile
offenders, with the City match of $1,379 in the No. 1020 General Fund, a total project costs
of $13,792.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
March 29, 2005 - Page 3
5.a. RESOLUTION NO. 026183
Resolution authorizing the City Manager or his designee to accept a grant in the amount of
$69,538 from the Federal Emergency Management Agency (FEMA) for the purchase of
industrial firefighting equipment and specialized training.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye".
5.b. ORDINANCE NO. 026184
Ordinance appropriating $69,538 from the Federal Emergency Management Agency's
Assistance to Firefighters Grant Program for industrial firefighting equipment and
specialized training in the No. 1062 Fire Grants Fund.
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".
6.a. RESOLUTION NO. 026185
Resolution authorizing the City Manager or his designee to accept a Clean Cities Grant from
the State Energy Conservation Office in the amount of $17,500 for development of a Clean
Cities Program and related services.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye".
6.b. ORDINANCE NO. 026186
Ordinance appropriating $17,500 from the State Energy Conservation Office in the No. 1071
Community Enrichment Grants Fund for development ofa Clean Cities Program and related
services.
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".
Minutes - Regular Council Meeting
March 29, 2005 - Page 4
7. MOTION NO. 2005-105
Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the
Contract for Professional Services with Martinez, Guy & Maybik, of Corpus Christi, Texas
in the amount of $118,608 for a total restated fee of $289,621 for the Water Main
Improvements: Leopard Street and Third Street 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. 2005-106
Motion authorizing the City Manager to execute a Deferment Agreement with Shaws
Development Joint Venture, of Corpus Christi, Texas in the amount of $34,823.68 for the
construction of public concrete sidewalks along Goodnight Loving Trail, Chisolm Trail and
Gallop Trail within the Northwest Crossing Unit 4 subdivision located south of Leopard
Street, west of Rand Morgan Road, in accordance with the Platting Ordinance Section V -
Required Improvements, Subsection A.3.(b).
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
9. MOTION NO. 2005-107
Motion authorizing the City Manager to execute a Deferment Agreement with Mr. Armando
Ortiz (Developer), in the amount of $148,470 for public improvements including street
pavement, curb, gutter and sidewalks, sanitary and storm sewer lines and water main to serve
Industrial Technology Park Unit 2 subdivision, in accordance with the Platting Ordinance
Section V -Required Improvements, Subsection A.3.(b).
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
10.a. MOTION NO. 2005-108
Motion approving the Water Distribution Grid Main Construction and Reimbursement
Agreement submitted by Baybreeze Development, L.P., owner and developer of Monte
Verde at Terra Mar Unit 1 subdivision located east of the future extension of Ennis Joslin
Road south of Holly Road for the installation of 1,090 linear feet of a 12 -inch PVC water
distribution grid main.
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
March 29, 2005 - Page 5
10.b. ORDINANCE NO. 026187
Ordinance appropriating $61,683.50 from the Water Arterial Transmission and Grid Main
Trust Fund No. 4030-540450 to pay developer reimbursement request for the installation of
1,090 linear feet of a 12 -inch PVC water distribution grid main to develop Monte Verde at
Terra Mar Unit 1.
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".
11. FIRST READING ORDINANCE
Amending Section 10-86, Code of Ordinances, City of Corpus Christi, and the Corpus
Christi, Texas, Dune Protection and Beach Access Regulations to adopt the City of Corpus
Christi Beach User Fee Plan; increasing the beach parking permit fees; providing for
penalties.
The foregoing ordinance was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
12. ORDINANCE NO. 026188
Approving the FY 2005 Capital Budget in the amount of $178,074,800. (First Reading -
3/22/05)
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 the presentations on the day' s agenda. The first presentation was Item
13, an update on the 2005 Buc Days event. Buccaneer Commission Executive Director Barry Box
stated the Buc Days celebration was in its 67th consecutive year. He said the event was one of the
largest and most established festivals south of San Antonio. In addition, the event had experienced
double digit growth every year, and he expected this trend to continue.
Mr. Box discussed the scholarship component of Buc Days. Traditionally, the Buccaneer
Commission awarded a $20,000, four-year college scholarship to the winner of the Ms. Buc Days
Pirate Queen contest. This year, the Buc Commission decided to expand the program to disburse
over $50,000 in scholarships, with the goal of reaching $100,000 in the next two to three years. He
said this goal could only be reached if the Buc Commission continued to attract sponsors. In
addition to increasing the available scholarship funds, Mr. Box said other scholarship goals were to
touch a broader base of recipients and to include more colleges and universities. Mr. Box stated the
chairman of the Scholarship Committee was Mr. Eddie Garcia.
Minutes - Regular Council Meeting
March 29, 2005 - Page 6
Mr. Box provided several statistics on Buc Days. Buc Days has historically attracted over
300,000 people, 30 percent of whom reside outside of Corpus Christi and twenty-two percent of
whom reside outside of the 784- and 783- zip codes. The total economic impact of the festival was
approximately $14,400,000, according the International Festival and Events Organization Seventy-
four percent of the revenues are due to dining, and twenty-two percent are obtained through hotel
stays, with an average hotel stay of 2.9 nights.
Mr. Box reported the 2005 Buc Days event would feature 15 events, span 19 days, include
three new venues, and include one new parade route. In addition, he said the event had even
garnered some national media exposure. To be successful, the Buc Days event would enlist the help
of over 300 volunteers.
Mr. Box explained the 2005 Buc Days celebration was comprised of two parts. Part One of
Buc Days would span April 13-16, 2005, and would include a rodeo, BBQ challenge, and a
Competencia Folklorico del Mar. The Dunking of the Mayor would take place on Thursday, April
14, 2005 on the bay, outside of the new arena.
Mr. Box explained the events in Part One in more detail. The PRCA rodeo event was being
chaired by Mr. Bill Lathrop, Jr., and was now in its fourteenth year. It was one of the top 40 rodeos
in the United States. He said the Buc Commission was excited to be moving the event to the new
arena, which provided 19,800 more seats for the event than in 2004.
The Buc Days BBQ Challenge event was being chaired by Mr. Steve DeWalt. The event
would take place on Shoreline Boulevard outside of the arena, and would include four entertainment
stages, and more than 90 cooking teams. In addition, he said there would be national media coverage
of the event by Outdoor Life Network.
The Competencia Folklorico del Mar event was being co-chaired by Mr. Robert Anderson
and Mr. Jim Young. The event was being moved to the Selena Auditorium this year and in future
years, increasing the seating capacity and securing improved facilities. He thanked Mr. Tom Galyon
and the Convention and Visitors Bureau staff for making this possible. The event brought in over
1,000 people to the city in the past.
Mr. Box stated that Part Two of Buc Days would take place from April 20 through May 1,
2005, and would include a carnival, two parades, Music and Fire on the Bay (fireworks display), and
a stadium show. He reported that Mr. Lee Trujillo was the Chairman of the Buc Days Carnival
event. The carnival would be located on either side of Memorial Coliseum, but he noted there were
significant street closure issues at play due to the seawall construction project. Nevertheless, he said
the city had been tremendously cooperative in helping them work around the construction. The Buc
Commission would be offering free parking for the event, thanks to the donation of a lot and because
of the closure of northbound Shoreline Boulevard.
Regarding the Music and Fire on the Bay event, Mr. Box noted that Ms. Vicky Lewis was
the event manager. The event would take place in the marina area on Friday night, April 22, at
approximately 9:15 p.m. The Buc Commission expected over 20,000 spectators for the event.
Minutes - Regular Council Meeting
March 29, 2005 - Page 7
Mr. Box stated Mr. Miles Graham was chairman of the parades this year. The Junior Parade
would be held on April 23, 2005, and would run along northbound Shoreline Boulevard to the
coliseum. The Illuminated Night Parade would take place on April 30, 2005 would have an
abbreviated route this year due to the construction in the downtown area. The parade route would
run down Leopard Street to Upper Broadway, and end on Mesquite Street near the Laredo and Agnes
Streets interchange.
Finally, Mr. Box stated the Pre -Parade Stadium Show would be chaired by Mr. David
Berlanga. The event would take place on April 30, 2005, and the theme was a salute to the city's
"Hometown Heroes".
Mr. Box thanked all city staff for their assistance, especially the Park and Recreation,
Engineering, and Solid Waste departments.
Mr. Box concluded by briefly discussing future plans for the Buc Days Festival as follows:
make the festival more regional; add new events; develop a better understanding of their customers;
increase sponsorships; and create scholarship growth and diversification. Mr. Box then showed a
video testimonial promoting Buc Days.
*************
The second presentation was Item 14, an FY 2005 second quarter (period ended January 31,
2005) report of the Health Benefits/Risk Management Fund. Director of Human Resources Cynthia
Garcia first provided a status on the Health Benefits fund. She reported the number of claims filed
by plan in the second quarter of this year were higher than the claims filed during the same period
last year. She noted first quarter claims were also higher this fiscal year than last fiscal year. She
said staff would study the claims numbers closely to see if staff could take any additional measures
to slow the pace down.
Ms. Garcia also reported the dollars paid by plan including prescriptions were higher than
dollars paid in the second quarter last year. Specifically, the total dollars paid this year amounted
to $7,900,000, which was $670,000 more than the first half of last year.
Ms. Garcia stated the average cost per claim in this quarter was $214.39, compared with
$191.09 for the second quarter last year. The FY year-to-date average per member cost are $363.50
for Citicare; $378.78 for Fire; and $505.34 for Public Safety. Ms. Garcia said premiums were
increased and budgets were adjusted in anticipation of these increases predicted by the city's actuary.
She said the city had just received the actuarial report that will help determine changes in the next
fiscal year. Staff was in the process of reviewing the report, and would report their findings to the
Council in the near future.
Ms. Garcia provided an update on the workers' compensation fund. She said staff was
extremely pleased and cautiously optimistic with the status of the fund this quarter. She reported the
number of claims filed in the first six months of this fiscal year was 480, compared to 511 claims
filed last fiscal year at the same time. The total cost incurred was $565,031, compared with
$1,139,845 for the six months last year. She said the city had currently paid 49 percent of the
Minutes - Regular Council Meeting
March 29, 2005 - Page 8
amount incurred at $276,772, compared with last year at this period where the city paid 32 percent
of the amount incurred at $361,314.
Ms. Garcia displayed a bar graph depicting the dollars paid in the current year for prior years'
claims. Last quarter, she had reported the city had paid $776,669 for these types of claims. This
quarter, she reported the city had paid an additional $437,113 on these claims.
Ms. Garcia referred to a bar graph making a year-to-date claims count comparison by city
departments. She said Police, Fire, Gas, and Street Services injuries had decreased, but Solid Waste,
Park and Recreation, Wastewater, Water, and Other had increased. She noted that the Park and
Recreation department had the largest increase with 14 injuries.
Ms. Garcia referred to a bar graph providing a comparison of year-to-date incurred costs by
department. She remarked there was a substantial decrease in the Police and Fire departments.
Police incurred costs had decreased from $585,463 last year during the first six months of the year,
to $138,395 during the same period this year. The Fire department's incurred costs decreased from
$126,395 to $31,716. She noted that the incurred costs for the Park and Recreation department has
increased from $20,000 to $93,000. She said Risk Management staff was working with the Park and
Recreation department to identify problems, provide training, and implement additional safety
procedures to decrease the occurrences.
Ms. Garcia referred to a bar graph illustrating the year-to-date claims count by type of injury.
She remarked the city had 38 fewer contusion injuries during the first six months of this fiscal year
compared with last year. There were nine percent more strains, however, and two percent fewer
sprains; collectively, these two categories were the most frequent type of injuries.
Ms. Garcia reported on the status of the General Liability fund. She said General Liability
claims had decreased this year, with 376 claims for this year compared with 461 claims last year.
She noted this was the lowest six-month figure the city has had in five years. The incurred costs for
the first half of the fiscal year was $202,604, compared with $214,424 in incurred costs for the same
period last year. The largest decrease was seen in the Police department, which went from $95,342
in the first six months last year to $10,951 during the same period this year. She stated, however,
that dollars paid during this same period had increased to $114,897 compared with $75,418 last year.
Ms. Garcia referred to a bar graph depicting the dollars paid in the current year for previous
years' claims. She reported the city paid $497,000 for FY 2004 claims this year, and $85,000 for FY
2003 claims, $18,000 for FY 2002 claims, and $163,000 for FY 2001 claims.
Finally, Ms. Garcia referred to a bar graph illustrating the types of claims in the general
liability fund. She reported vehicle damage continued to be the largest claim type, totaling 197
claims for the first six months of the year. Property damage claims were the second largest claim
type, totaling 96 claims for the same period. Next fiscal year, Ms. Garcia said the city would begin
a pilot drive -cam program which would install a camera in a number of police cars. The camera
would take pictures of events occurring outside and inside the vehicle after it was activated by
certain movements. She said companies using this technology had drastically reduced vehicle
accidents, and staff was looking forward to seeing what the technology could do for the city.
Minutes - Regular Council Meeting
March 29, 2005 - Page 9
Mr. Kelly remarked that he expected to see a decrease in injuries in the Solid Waste
department due to the automation of the city's trash collection. Mr. Noe answered the city has
already implemented the first two phases of the automated trash collection, where the bulk of the
collection was automated. The final phase, which was implemented last year, was not fully
automated. Thus, Mr. Noe said the city would not see the same potential reduction in injuries from
the last phase of automation as seen in the prior phases. He said staff was analyzing the data now
and would follow-up.
Regarding the claim and cost increases in health benefits, Mr. Kinnison asked staff to better
educate employees about the difference in costs between service providers. He told Ms. Garcia he
would provide her with documentation on his family's experience with this issue.
Mr. Colmenero asked staff to provide data on how many employees use out -of -network
services. Ms. Garcia replied staff would provide this information in the next quarterly report. Mr.
Noe added there was an incentive for employees to seek services in the network because the cost was
lower than out -of -network. There was no incentive at this point, however, for employees to seek
services from lower-cost service providers (e.g. pediatrician vs. clinic).
Mayor Neal asked how the city's health benefits plan covered employees 65 years of age and
older. Health Benefits Manager Quentin Masters replied the city's plan would supplement Medicare
- i.e. Medicare would be the primary payer, and the city plan would be the secondary payer.
*************
Mayor Neal referred to Item 15.a., and a motion was made, seconded and passed to open the
public hearing on the following right-of-way closure:
15.a. Public hearing to consider abandoning and vacating an 81,172 -square foot portion of an
undeveloped and unsurfaced 60 foot wide dedicated public right-of-way out of Lots 5 and
12, Section 5, Range VIII, Gugenheim and Cohn's Farm Lots (intersecting with the southern
portion of the Junior Beck Drive right-of-way, south of Bear Lane).
There were no comments from the audience. 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:
Minutes - Regular Council Meeting
March 29, 2005 - Page 10
15.b. ORDINANCE NO .026189
Ordinance abandoning and vacating an 81,172 -square foot portion of an undeveloped and
unsurfaced 60 foot wide dedicated public right-of-way out of Lots 5 and 12, Section 5, Range
VIII, Gugenheim and Cohn's Farm Lots (intersecting with the southern portion of the Junior
Beck Drive right-of-way, south of Bear Lane);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, Noyola and
Scott, voting "Aye".
* * * * * * * * * * * *
*
Mayor Neal referred to Item 16, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 0205-01, Advanced Housing Alternatives Corporation: A change of zoning from
a "R-2" Multiple Dwelling District to an "A-2" Apartment House District. The property is
in Woodlawn Subdivision, Block 2, Lots 8A and 8B, located along the southeast corner of
Mueller Street and Erwin Avenue.
City Secretary Chapa said the Planning Commission and staff recommended the approval of
the "A-2" Apartment House District.
Mayor Neal asked for public comment. Mr. Manuel Rangel spoke in opposition to the
proposed zoning change because he felt the many of the area's residents, who were primarily Spanish
speakers, had not been properly notified about the change since the notices were written almost
entirely in English. He also raised several safety issues, namely inadequate lighting, traffic
congestion, and lack of sidewalks in the area. He asked the Council to consider tabling the item
until the residents could be re -notified about the proposed change.
Mr. Noyola expressed concern that the notice was not written in Spanish and English.
Assistant Director of Development Services Michael Gunning replied the notice did have one
sentence in Spanish, located in the center of the document, which provided a phone number Spanish
speakers could call for more information. Mr. Noyola stated he understood all the city's notices were
written in Spanish and in English. He emphasized that the city should make an effort to notify all
the residents in a language they could understand. He suggested staff place the Spanish sentence in
their notices at the beginning, rather than the middle. He spoke in support of the project, but insisted
that the area's residents be properly notified about the project.
Mr. Kelly agreed with Mr. Noyola's concerns about the notices, asking staff to do everything
they could to ensure that notices were written in Spanish in neighborhoods with a large Spanish-
speaking population. He also asked about the safety issues Mr. Rangel had raised, and he wondered
if the applicant had addressed these problems. Mr. Gunning replied staff did not believe traffic
congestion would be an issue; however, he would discuss the lighting and sidewalk improvements
Minutes - Regular Council Meeting
March 29, 2005 - Page 11
with Engineering Services.
Since the proposed project was an affordable housing development, Mr. Kelly said one of
his primary concerns was the neighborhood's reaction to the project. He asked who was going to
manage the project once it was complete. The applicant, Mr. Charles Tryon, replied he was not
going to manage the project, but would continue to own the project. He said he would hire at least
one or more individuals to maintain and manage the project. The project was designed to construct
a 20 -unit apartment complex to provide affordable housing in the area. There were four cottages
existing on the property in question. He said they planned to relocate the four cottages and replace
them with the apartment complex. He said Oak Park Elementary School was being built in the area,
so he felt a new housing complex would be needed as families relocated to this area.
Mr. Kelly asked if there had been any recent economic development in the area. Mr.
Gunning mentioned one project, but he was uncertain about the status of the project. Mr. Kelly felt
the affordable housing project was a good economic development project for the area, and he said
the area leaders he had spoken with agreed.
In response to Mr. Colmenero's question, Mr. Tryon replied there would be adequate lighting
on the property itself. He agreed with Mr. Rangel that the area was in need of more sidewalk and
lighting improvements, and he hoped the city would do their part to address the problems.
Mr. Abel Alonzo spoke in support of the affordable housing project.
Mr. David Noyola, 4433 Valdez, spoke in opposition to placing an apartment complex in a
residential neighborhood.
A motion was made, seconded, and passed to close the public hearing. City Secretary Chapa
polled the Council for their votes as follows:
16. ORDINANCE NO. 026190
Amending the Zoning Ordinance, upon application by Advanced Housing Alternatives
Corporation by changing the zoning map in reference to the Woodlawn Subdivision, Block
2, Lots 8A and 8B from "R-2" Multiple Dwelling District to "A-2" Apartment House
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, Colmenero, Cooper, Garrett, Kelly, Kirmison, 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. 0205-02, Kiko's Restaurant: A change of zoning from a "R-1B/SP" One -family
Dwelling District -Special Permit and "AB" Professional Office District to a `B-1"
Minutes - Regular Council Meeting
March 29, 2005 - Page 12
Neighborhood Business District. The property is in Gardendale Subdivision, Block 3, Lots
3 and 18, located east of Everhart Road and north of Cain Drive and south of Bonner Drive.
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 a new Special Permit on
Lot 3 and a Special Permit on Lot 18, subject to eight (8) conditions.
No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close
the public hearing, seconded by Mr. Colmenero, and passed.
Assistant Director of Development Services Michael Gunning stated the applicant originally
concurred with the Planning Commission and staff's recommendation. However, the applicant was
now requesting a "B-1" Neighborhood Business District to allow for more signage for their proposed
banquet facility. The banquet hall with some parking was proposed within the "R-1B"/SP One -
family Dwelling District area along Bonner Drive, while the "AB" Professional Office District lot,
along Cain Drive, was planned entirely as a parking lot. Mr Gunning said the Planning Commission
and staff were still standing by their initial recommendation because the "B-1" Neighborhood
Business District the applicant was requesting did not ensure added protection to the adjoining
residential area. Staffs recommendation for a new Special Permit in the "R-1B"/SP District and a
Special Permit in the "AB" District would allow for the requested uses, while providing
enhancement features such as some signage.
Mr. Joe Garcia, 4626 Weber Road, spoke representing the applicant, Mr. Kiko Barrera.
Regarding the Special Permit, Mr. Garcia expressed concern about the sign requirements under this
proposal. He said they wanted the new banquet facility to be easily identifiable to new customers,
and the maximum 20 -square foot signage allowed under the Special Permit was inadequate. He
asked the Council to consider the `B-1" zoning instead, saying the applicant had been a good
neighbor to the area's residents for over a decade.
In response to Mr. Chesney's question, Mr. Garcia stated another concern was that lending
institutions were reluctant to finance projects when the property was under a Special Permit. Their
project was estimated at S600,000.
Mr. Chesney asked if staff's recommendation would address the applicant's concerns. Mr.
Gunning replied affirmatively, saying the "AB" District could be amended to allow for additional
signage, including a 20 -square foot maximum wall sign and a free-standing sign of 20 -square feet.
By contrast, the "B-1" District would allow unlimited wall signage and a free-standing sign of 40 -
square feet, which would encroach on the neighborhood.
Mr. Chesney asked the applicant if this additional signage was acceptable. Mr. Garcia replied
the signage was still insufficient. Mr. Kiko Barrera, the restaurant owner and applicant, stated his
main concern was the special permit, not the signage, because it hindered his ability to obtain
financing for the project. City Manager Noe remarked that one option would be to table this item
for two weeks to allow Mr. Barrera an opportunity to speak with his lending institution about staffs
recommendation. Mr. Barrera replied he preferred to accept staffs recommendation now, and then
if there was a problem with his lending institution, he would reapply. Mr. Kinnison asked if Barrera
Minutes - Regular Council Meeting
March 29, 2005 - Page 13
could reapply, since he understood the applicant normally had to wait one year before reapplying.
City Attorney Fischer confirmed that Mr. Barrera would be able to reapply within the 12 months
since this case did not involve the denial of a zoning change. Mr. Kinnison spoke in favor of staffs
recommendation.
Mr. Kinnison made a motion to amend the ordinance to reflect staffs recommendation for
a new Special Permit in the "R-1B"/SP District and a Special Permit in the "AB" District, seconded
by Ms. Cooper, and passed. City Secretary Chapa polled the Council for their votes on the amended
ordinance as follows:
17. ORDINANCE NO. 026191
Amending the Zoning Ordinance, upon application by Kiko's Restaurant by changing the
zoning map in reference to the Gardendale Subdivision, Block 3, Lots 3 and 18 (Lot 3 -
currently zoned "R-1B"/SP One -family Dwelling District with a Special Permit and Lot 18 -
currently zoned "AB" Professional Office District) by granting "AB" Professional Office
District on Lot 3 with a Special Permit for a banquet hall and parking lot subject to eight (8)
conditions and by granting a Special Permit with the same conditions on Lot 18; 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 as
amended with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly,
Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal called for a brief recess to present proclamations and commendations.
*************
The Council returned from recess, and Mayor Neal called for petitions from the audience.
Ms. Becki Jones, C.R. 32, spoke regarding her concerns that the Animal Control department was
allowing pit bull -mix dogs to be adopted. Ms. Sherry Dunlap, 5825 Hopkins Road, announced that
the animal rights organization called CCARE decided to drop the animal control petition it had
previously filed with the City Secretary's Office.
* * * * * * * * * * * * *
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. 0205-03, Steven Krol: A change of zoning from a "R -1B" One -family Dwelling
District to a "B-1" Neighborhood Business District, resulting in a land use change from low-
density residential to a neighborhood business in Alameda Park Subdivision, Block 6, Lot
22, located along the northeast comer of Everhart Road and Harry Street.
City Secretary Chapa said the Planning Commission and staff recommended the denial of
Minutes - Regular Council Meeting
March 29, 2005 - Page 14
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, and passed. City Secretary Chapa polled the Council for their votes as
follows:
18. ORDINANCE NO. 026192
Amending the Zoning Ordinance, upon application by Steven Krol by changing the zoning
map in reference to the Alameda Park Subdivision, Block 6, Lot 22 from "R-1 B" 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, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye";
Chesney and Colmenero were absent.
Mayor Neal referred to Item 19, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 0205-04, BL Real Estate Holding Company: A change of zoning from a "R -1C"
One -family Dwelling District to a "B-2" Bayfront Business District on Tract 1 and "R -1C"
One -family Dwelling District to an "AT" Apartment Tourist District on Tract 2. The
property is in Tyler Subdivision, Block 1, Lots 2 and 12, and Block 2, Tract C, located east
of Laguna Shores Drive, north of Wyndale Drive and Claudia Street.
City Secretary Chapa said the Planning Commission and staff recommended the following
action: TRACT 1: Denial of the "B-2" Bayfront Business District on Tract 1, and in Lieu thereof,
approval of a Special Permit for an event center subject to eight (8) conditions and site plan.
TRACT 2: Approval of the "AT" Apartment -Tourist District on Tract 2.
No one spoke in opposition to the zoning change. Mr. Chesney made a motion to close the
public hearing, seconded, and passed. City Secretary Chapa polled the Council for their votes as
follows:
Minutes - Regular Council Meeting
March 29, 2005 - Page 15
19. ORDINANCE NO. 026193
Amending the Zoning Ordinance, upon application by BL Holding Company by changing
the zoning map in reference to the Tyler Subdivision, Block 1, Lots 2 and 12 referred to as
Tract 1, and Tyler Subdivision, Block 2, Tract C referred to as Tract 2, (currently zoned "R-
1 C" One -family Dwelling District) by granting a Special Permit for an event center subject
to eight (8) conditions and site plan for Tract 1 and by changing the zoning on Tract 2 from
"R -1C" One -family Dwelling District to "AT" Apartment Tourist; 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 20, a contract with Maverick Engineering for the
Airport Industrial Park. City Manager Noe explained the industrial park project was a joint project
between the city, the Regional Economic Development Corporation (EDC), and the Corpus Christi
Business and Job Development Corporation (4A Board). He said this item authorizes the execution
of the next step in the process, the contract for engineering.
Director of Aviation Dave Hamrick reported the airport staff negotiated an agreement with
the EDC to provide commercial non -aviation development services. He said the EDC had advised
the airport that there was a lack of sufficiently sized industrial/warehouse facilities available inside
the city. He said the city has identified approximately 50 acres of property west of the airport
entrance that was being recommended for use as a light industrial park.
Mr. Hamrick stated the first phase of the development was the design of the infrastructure,
including streets, street lighting, water, wastewater, and storm water, to support the anticipated future
growth of the site. He said staff had negotiated a contract with Maverick Engineering to design the
infrastructure and provide engineering services, including preparation of bid specifications, cost
estimating, and bid evaluation. He asked EDC President/CEO Ron Kitchens to discuss the
importance of the project.
Mr. Kitchens emphasized the city's need to invest in infrastructure for potential industrial
sites in order to be more competitive with other cities. He said the city had the second lowest
availability of commercial buildings in the U.S., and the city's rating for available commercial sites
was nearly as low. Regarding the proposed airport industrial park, he said the EDC was focusing
their efforts on locating a developer for the initial property construction. If these efforts were
unsuccessful, then Mr. Kitchens stated he would ask the city and the 4A Board to assist with the
funding.
There were no comments from the audience. City Secretary Chapa announced that Mr.
Noyola was abstaining from the vote and discussion on this item. Mr. Chapa polled the Council for
their votes as follows:
Minutes - Regular Council Meeting
March 29, 2005 - Page 16
20. MOTION NO. 2005-109
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with Maverick Engineering, Inc., of Corpus Christi, Texas in the amount of
$187,266 for the Corpus Christi International Airport Industrial Park, Phase 1 (Access Road
and Utilities).
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kitmison, and Scott, voting "Aye"; Noyola abstained.
* * * * * * * * * * * * *
Mayor Neal announced the executive session was being withdrawn by staff.
21. WITHDRAWN
, Ulty OI I.OipuS l,Ltisti, 1 OAas %3. Ali LigtutlL AnieLica, L.1"., Bt al, 111 'IL,
Gault ofNueLes Comity, TYaa , 28"` ..
uawu lll1...1L.W iii uyw 3l,JJ1V11.
* * * * * * * * * * * *
*
Mayor Neal called for the City Manager's report. Mr. Noe reported an emergency services
exercise was being held at the airport as part of the city's federal requirements. This afternoon at
3:00 p.m., he said a celebration on the completion of the Up River Road project (Bond Issue 2000)
would be held. On Thursday, Mr. Noe reported a local Marine unit that was called to Iraq wasnow
returning, including one of the city's firefighter. He said the city was planning a celebration.
In conclusion, Mr. Noe stated one of the more important issues to be discussed at the next
regular Council meeting on April 12 was a discussion on the Wastewater Trust Fund.
Mayor Neal encouraged all of the citizens to vote in the upcoming City Council Elections.
He mentioned that today was the last day for early voting in the election. Also, he announced that
if there was no runoff election, then the canvassing for the election would be held at 10:00 a.m. on
April 12, followed by the regular Council meeting at 1:00 p.m., to be presided over by the new
Mayor. If there was a runoff election, than the new Council would be installed on May 11.
Mayor Neal called for Council concerns and reports. Mr. Scott thanked staff for coordinating
the Packery Channel tour last Thursday. He told Mayor Neal it had been an honor serving with him
on the Council.
Mr. Chesney told the Mayor that he also enjoyed serving on the Council with him. He said
he appreciated the Mayor's ability to allow for differences in opinion without becoming personal.
There being no further business to come before the Council, Mayor Neal adjourned the
Minutes - Regular Council Meeting
March 29, 2005 - Page 17
Council meeting at 12:47 p.m. on March 29, 2005.
* * * * * * * * * * * * *