HomeMy WebLinkAboutMinutes City Council - 05/10/2005I 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 May 10, 2005, which were approved by the
City Council on May 17, 2005.
WITNESSETH MY HAND AND SEAL, on this the 17th day of May, 2005.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
May 10, 2005 - 10:00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Brent Chesney
Council Members:
Melody Cooper
Jerry Garcia
Rex Kinnison
Bill Kelly
John E. Marez
Jesse Noyola
Mark Scott
ABSENT
City Attorney Mary Kay Fischer
City Staff:
City Manager George K. Noe
First Asst. City Attorney Jay Reining
City Secretary Armando Chapa
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Mr. John B. Smith of First Family Church and the Pledge
of Allegiance to the United States flag was led by Council Member Garcia.
Mayor Garrett called for approval of the minutes of the regular Council meeting of April 26,
2005. A motion was made and passed to approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Garrett referred to Item 2 and the following board appointments were made:
Animal Control Advisory Committee
Kendal L. Keyes (Reappointed)
Pamela Rhyner (Appointed)
Arts and Cultural Commission
Rebecca Esparza (Appointed)
Guadalupe "Albert" Garcia (Appointed)
Ethics Commission
Robert Corrigan (Appointed)
Linda Figueroa (Appointed)
Sister City Committee
Cecilia Hanna (Appointed)
Jodie Polston (Appointed)
Park and Recreation Advisory Committee
Buddy Sparks (Appointed)
Transportation Advisory Committee
Grace M. Gonzalez (Reappointed)
MAC Brian Clements (Reappointed)
Richard Bailey (Appointed)
Intergovernmental Commission on Drug/Alcohol
Jesus S. Molina (Appointed)
Abuse
Minutes - Regular Council Meeting
May 10, 2005 - Page 2
Coastal Bend Council of Governments
Council Member Bill Kelly (Reappointed)
Council Member Jerry Garcia (Appointed)
Mayor Henry Garrett (Reappointed)
Council Member Mark Scott (Reappointed)
City Manager George K. Noe (Reappointed)
Water Supt. Ed Garana (Reappointed)
Clif Moss (Reappointed)
Asst. City Manager Ron Massey (Reappointed)
Asst. City Manager Margie Rose (Reappointed)
City Secretary Armando Chapa (Reappointed)*
Tom Utter, Special Asst. to the City Manager (Reappointed)*
Assistant City Manager Oscar Martinez (Reappointed)*
Assistant to the City Manager Yvonne Haag (Reappointed)*
Fire Chief J.J. Adame (Reappointed) *
City Engineer Angel Escobar (Reappointed)*
Director of MIS Ogilvie Gericke (Reappointed)*
Water Resources Advisory Committee
Carola Serrato (Reappointed)
Kimberly Stockseth (Reappointed)
Jon Kiggans (Reappointed)
Council Member Jerry Garcia (Appointed)
* Alternates
Mayor Garrett called for consideration of the consent agenda (Items 3-20). There were no
comments from the public or the Council. A motion was made and passed to approve Items 3
through 20, constituting the consent agenda. City Secretary Chapa polled the Council for their votes
as follows:
3. ORDINANCE NO. 026244
Ordinance appropriating $90,525 from the 2004 State Homeland Security Program Grants
from the Texas Engineering Extension Service Fund in the No. 1062 Fire Grants Fund to
upgrade a Bomb Robot used by the Police Bomb Disposal Unit.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye".
Minutes - Regular Council Meeting
May 10, 2005 - Page 3
4. ORDINANCE NO. 026245
Ordinance appropriating $498,000 from BFI Waste Services of North America, Inc., in the
No. 1020 General Fund for BFI's purchase of the city's landfill equipment; amending the
Budget adopted by Ordinance No. 025878 to increase revenues and appropriations by
$498,000.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye".
5.a. MOTION NO. 2005-130
Motion authorizing the City Manager or his designee to accept a Texas Department of Health
Grant in the amount of $225,800 for the Health Department Emergency Power Supply
project and to execute grant acceptance documents.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
5.b. ORDINANCE NO. 026246
Ordinance appropriating $225,800 from a Texas Department of Health Grant into the Health
Grants Fund No. 1066 for the Health Department Emergency Power Supply project;
amending the Capital Budget adopted by Ordinance No. 026188 by increasing appropriations
by $225,800.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye".
6. MOTION NO. 2005-131
Motion authorizing the City Manager or his designee to execute a construction contract with
Big State Excavation, of Corpus Christi, Texas in the amount of $903,160 for the 16 -inch
Diameter Waterline Loop Connections Segment "A" Weber Road, Segment "B" Chapman
Ranch Road, and Segment "C" Old Brownsville Road for the Total Base Bid and Additive
Alternate No. I .
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
Minutes - Regular Council Meeting
May 10, 2005 - Page 4
7. MOTION NO. 2005-132
Motion authorizing the City Manager or his designee to execute a construction contract with
Big State Excavation, of Corpus Christi, Texas in the amount of $1,027,420 for the Country
Club Estates Lift Station Upgrade and Connection to Force Main "C" for the Total Base Bid
and Additive Alternate No. 1.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
8. MOTION NO. 2005-133
Motion authorizing the City Manager or his designee to execute a construction contract with
Jhabores Construction Company, Inc., of Corpus Christi, Texas in the amount of $425,450
for the Williams Drive Lift Station Wastewater Trunk Main Manhole Rehabilitation, Phase
1.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
9.a. ORDINANCE NO. 026247
Ordinance appropriating $402,233.80 from the unappropriated interest earnings from Street
2000 Capital Improvement Program Fund 3411B and appropriating $202,169.13 from the
unappropriated interest earnings from Street 2001 Capital Improvement Program Fund 3540
for the Cimarron Boulevard Improvements Project, Phases 1 and 2; amending Capital Budget
adopted by Ordinance No. 026188 by increasing appropriations by $604,402.93.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye".
9.b. MOTION NO. 2005-134
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with Maverick Engineering, of Corpus Christi, Texas in the amount of $1,359,999
for the Cimarron Boulevard Improvements Project as follows:
* Phase 1 - from Saratoga to Yorktown
* Phase 2 - from Yorktown to Bison
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
Minutes - Regular Council Meeting
May 10, 2005 - Page 5
10.a. ORDINANCE NO. 026248
Ordinance appropriating $87,045.36 from the unappropriated miscellaneous revenues from
Street Capital Improvement Program Fund 3530, appropriating $201,753.69 from City Hall
Capital Improvement Program Fund 3160 and transferring to and appropriating in Street
Capital Improvement Program Fund 3530 for the Doddridge Street Improvement Project;
amending Capital Budget adopted by Ordinance 026188 by increasing appropriations by
$490,552.74.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye".
10.b. MOTION NO. 2005-135
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with Goldston Engineering, of Corpus Christi, Texas in the amount of $670,215 for
Doddridge Street Improvements from Ocean Drive to South Staples Street. (BOND ISSUE
2004)
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
11.a. ORDINANCE NO. 026249
Ordinance appropriating $536,350 from City Hall Capital Improvement Program Fund 3160,
transferring to and appropriating in Street Capital Improvement Program Fund 3530 for the
Neighborhood Street Reconstruction Project; amending Capital Budget adopted by
Ordinance No. 026188 by increasing appropriations by $1,072,700.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye".
Minutes - Regular Council Meeting
May 10, 2005 - Page 6
11.b. MOTION NO. 2005-136
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with LNV Engineering, of Corpus Christi, Texas in the amount of $721,350 for
Neighborhood Street Reconstruction along the following streets: (BOND ISSUE 2004)
* Cluster 1: Riverside Area - behind Calallen High School
* Cluster 2: Nueces Bay/Buddy Lawrence Area
* Cluster 3: South Port/Greenwood Area
* Cluster 5: Holly/Kostoryz Area
* Cluster 7: Nile Area
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
12. RESOLUTION NO. 026250
Resolution authorizing execution of Agreement with Friends of the Parks, Inc. regarding
Memorial Tree and Bench Program.
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
I3.a. MOTION NO. 2005-137
Motion approving the Sanitary Sewer Trunk Line Construction and Reimbursement
Agreement with Alty Enterprises, owner and developer of Greystone Unit 1 subdivision
located south of Slough Road east of Rodd Field Road for the installation of 717 linear feet
off-site, 1 8 -inch PVC sanitary sewer trunk line along Slough Road between Airline Road and
Rodd Field Road.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
13.b. ORDINANCE NO. 026251
Ordinance appropriating $226,000 from the Sanitary Sewer Trunk System Trust Fund No.
4220 to pay Alty Enterprises for the installation of 717 linear feet offsite 18 -inch PVC
sanitary sewer trunk line as specified in the Sanitary Sewer Trunk Line Construction and
Reimbursement Agreement, to develop the Greystone Unit 1 subdivision; subject to approval
of the Master Plan Amendment.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye".
Minutes - Regular Council Meeting
May 10, 2005 - Page 7
14.a. MOTION NO. 2005-138
Motion approving the Sanitary Sewer Collection Line Extension Construction and
Reimbursement Agreement with Alty Enterprises, owner and developer of Greystone Unit
1 subdivision located south of Slough Road east of Rodd Field Road for the installation of
560 linear feet off-site, over -depth sanitary sewer collection line along Slough Road between
Rodd Field Road and the west property line of Greystone Unit 1 subdivision.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
14.b. ORDINANCE NO. 026252
Ordinance appropriating $126,000 from the Sanitary Sewer Collection Line Trust Fund No.
540450-4220 to pay Alty Enterprises for the installation of 560 linear feet of an offsite, over -
depth l8 -inch PVC sanitary sewer collection line as specified in the Sanitary Sewer
Collection Line Extension Construction and Reimbursement Agreement, to develop the
Greystone Unit 1 subdivision; subject to approval of the Master Plan Amendment.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye".
15. MOTION NO. 2005-139
Motion authorizing the City Manager to execute a Deferment Agreement with Hogan
Development Company, L.P. in the amount of $80,988 for the construction of public
concrete sidewalks along Calgary Drive, Las Brisas Street, Whirlwind Street, Barlovento
Street, Calma Street, and Ventoso Street within the Los Vientos at Terra Mar Unit 1
subdivision located south of Wooldridge Road, west of Cayo Del Oso, 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: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
16.a. MOTION NO. 2005-140
Motion approving Amendment No. 2 to the Sanitary Sewer Construction and Reimbursement
Agreement with Hogan Development Company, owner and developer, Los Vientos de Terra
Mar Unit 1, for construction of Master Plan Lift Station No. 11 and Force Main, to increase
the size of the remaining segment of Force Main from 12 -inch to 16 -inch for approximately
4,565 linear feet from east of Rodd Field Road to Lift Station No. 2 on Wooldridge, at a cost
increase of $319,360 and to modify the terms of the agreement.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
Minutes - Regular Council Meeting
May 10, 2005 - Page 8
16.b. ORDINANCE NO. 026253
Ordinance appropriating an additional $319,360 from the Sanitary Sewer Trunk System Trust
Fund No. 4220 to pay Hogan Development Company for the design and construction of
approximately 4,565 linear feet of 16 -inch Force Main and related appurtenances, (Master
Plan Lift Station # 11).
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye".
17.a. MOTION NO. 2005-141
Motion approving the Sanitary Sewer Construction and Reimbursement Agreement
submitted by HICO Wholesale Distributors, owner and developer of a portion of Lots 10 and
11, all of Lots 12 and 13, Block 11, Saratoga Place subdivision located north of Saratoga
Boulevard west of Ayers Street for the installation of 200 linear feet, onsite, oversize,
overdepth, 10 -inch PVC and 371 linear feet, offsite, oversize, overdepth, 10 -inch PVC
sanitary sewer collection line along the west side of Ayers Street, connecting to an existing
sanitary sewer line installed by the City approximately 371 feet south of the southern limits
of the subdivision.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
17.b. ORDINANCE NO. 026254
Ordinance appropriating $49,919.24 from the Sanitary Sewer Collection Line Trust Fund No.
540450-4220 to pay HICO Wholesale Distributors for the installation of 200 linear feet
onsite, oversize, overdepth 10 -inch PVC and 371 linear feet offsite, oversize, overdepth 10 -
inch PVC sanitary sewer collection line along the west side of Ayers Street connecting to an
existing sanitary sewer line installed by the City approximately 371 feet south of the southern
limits of the subdivision as specified in the Sanitary Sewer Construction and Reimbursement
Agreement, to develop a portion of Lots 10 and 11 and all of Lots 12 and 13, Block 11,
Saratoga Place Subdivision.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye".
Minutes - Regular Council Meeting
May 10, 2005 - Page 9
18. MOTION NO. 2005-142
Motion authorizing the City Manager to execute a Deferment Agreement with Bay Area
Fellowship Church, in the amount of $362,539 for the public improvements including street
pavement, curb and gutter, sidewalk, storm sewer lines and water mains within Bay Area
Fellowship Church Tract, Block 1, Lot 1, located east of the Chapman Ranch Road south of
the Oso Creek and north of F.M. Road 43, 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: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
19. ORDINANCE NO. 026255
Ordinance abandoning and vacating a 1,468 -square foot portion of a 1 3 -foot wide utility
easement out of Lot 11, Ryan Subdivision, and Lot 1B, Block 221, Port Aransas Cliffs;
approximately 2,500 feet south of Doddridge Street and 400 feet east of Santa Fe Street;
requiring the owner, Mr. Timothy Ehrman, to comply with the specified conditions.
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting
"Aye".
20. ORDINANCE NO. 026256
Authorizing the City Manager or his designee to execute a ten year Pier Lease Agreement
(with ten year renewal at City Manager's or designee's discretion) with Padre Island Yacht
Club for Pier and Clubhouse at Whitecap Wastewater Treatment Plant (superseding 1995
Pier Lease). (First Reading 4/12/05)
The foregoing ordinance was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
* * * * * * * * * * * * *
Mayor Garrett referred to Item 21, and a motion was made, seconded and passed to open the
public hearing on the following item:
21.a. Public hearing to consider amending the 1983 Master Sanitary Sewer Plan for the Southern
Portion of Corpus Christi to change the designation of approximately 717 linear feet of a 15 -
inch Collection Gravity Line to an 18 -inch Trunk Gravity Line along Slough Road between
Airline Road and Rodd Field Road, in Ordinance Exhibit A.
Director of Development Services Barbara Holly reported this amendment to the Master
Sanitary Sewer Plan was requested by Mr. Louis Alty, owner and developer of the Greystone Phase
I subdivision. The amendment would authorize the installation a larger sanitary sewer line to service
Minutes - Regular Council Meeting
May 10, 2005 - Page 10
the new development in the area. The current master plan called for a 15 -inch collection line, while
the amendment would change this to an 18 -inch trunk line. Ms. Holly stated the immediate
beneficiary of the change would be the Greystone Phase I subdivision, but the larger trunk line would
allow for more area in this location to be serviced in the future.
There were no comments from the public. Council Member Scott stated he would be
abstaining from the vote and discussion on this item. City Secretary Chapa polled the Council for
their votes as follows:
21.b. ORDINANCE NO. 026257
Ordinance amending the City's Comprehensive Plan by amending the 1983 Master Sanitary
Sewer Plan for the Southern Portion of Corpus Christi to change the designation of
approximately 717 linear feet of a 15 -inch collection gravity line to an 18 -inch trunk gravity
fed line along Slough Road between Airline Road and Rodd Field Road, as described on the
attached Exhibit A.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola,
voting "Aye"; Scott abstained.
Mayor Garrett referred to Item 22, the Sizemore Real Estate zoning case. Mr. Chapa stated
the applicant had submitted a request to table this item until May 24, 2005. Mr. Chesney made a
motion to table the item as requested by the applicant, seconded by Ms. Cooper, and passed.
22. TABLED UNTIL MAY 24, 2005
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Mayor Garrett referred to Item 23, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 0305-03, Bob Bair d/b/a Bair's Den: A change of zoning from a `B-1"
Neighborhood Business District to a "B-4" General Business District. The property is in
Koolside Addition, Block 8, Lot 15, Less R.O.W., located along Gollihar Road between Lum
Avenue and Airline Road.
Mr. Chapa stated the Planning Commission recommended the denial of a "B-4" General
Business District and, in lieu thereof, approval of a Special Permit for one (1) year subject to annual
renewal by the Planning Commission and a site plan. Staff recommended the denial of the "B-4"
General Business District. He said the proposed ordinance reflected the Planning Commission's
recommendation.
Minutes - Regular Council Meeting
May 10, 2005 - Page 11
Mayor Garrett asked for public comment. Mr. James Skrobarcek, the attorney representing
Mr. Bair, spoke against the Planning Commission's requirement for annual renewal of the Special
Permit because he felt it placed his client "on probation". He said Mr. Bair had run his establishment
in this area for nine years with no problems. He felt the city's sudden interest in his client's property
was a retaliatory action related to his client's stance against the city's smoking prohibition ordinance.
Ms. Barbara Cline, 921 Dorthy, spoke in support of allowing Mr. Bair to continue operating
his establishment in this area. Mr. Garcia made a motion to close the public hearing, seconded by
Mr. Kinnison, and passed.
Assistant Director of Development Services Michael Gunning stated that the applicant was
requesting a change in zoning from a "B-1" Neighborhood Business District to a "B-4" General
Business District to convert his existing restaurant serving alcoholic beverages to a bar. The subject
property was located just east of Airline Road between Lum Avenue and Gollihar Road, adjacent
to a residential area. He said Mr. Skrobacek was correct in saying there had been no complaints
issued regarding Mr. Bair's establishment.
Mr. Gunning reported the Planning Commission was in favor of granting Mr. Bair a Special
Permit to continue his operation, but, since Special Permits are granted in perpetuity, they were
concerned about what would happen in the event Mr. Bair were to sell the bar. There were no
assurances that the new operator would run the bar in the same courteous fashion. Thus, the
Commission wished to be able to annually review the Special Permit in case the ownership changed
and to ensure compliance.
Before today's public hearing, Mr. Gunning said he had asked the Legal department to see
if the city could tie the Special Permit to the owner's current Texas Alcoholic Beverage Commission
(TABC) license, and they responded affirmatively. Consequently, staff was recommending an
amendment to Section 2, Condition 2 of the Special Permit ordinance to delete the wording to "
subject to an annual renewal by the Planning Commission" and replace with the wording "subject
to the continuation of the current license issued by the TABC". He said this compromise would
cover the Commission's concerns and staff's concerns as well.
Mr. Chesney spoke in support of staffs recommendation. He took exception to Mr.
Skrobacek's claims that the city was retaliating against Mr. Bair for his stance on the smoking
prohibition ordinance issue. In fact, he said the city had made every effort to allow him to continue
operating his business within the appropriate guidelines.
In response to Mr. Noyola's questions, Mr. Gunning said Mr. Bair's operation was out of
compliance with the "B-1" District zoning requirements because while restaurants with alcoholic
beverage sales were an allowed use, bars were not an allowable use. City zoning regulations and
state law identifies a use as a bar when alcoholic beverage sales constitute 75 percent or more of the
business's total sales. Mr. Bair stated in the Planning Commission public hearing that 80 percent of
his establishment's sales were for alcoholic beverages. Thus, his establishment could no longer be
categorized as a restaurant with alcoholic beverage sales. Mr. Noyola spoke in support of allowing
Mr. Bair to continue operating his business.
Minutes - Regular Council Meeting
May 10, 2005 - Page 12
City Manager Noe stated that there were a number of businesses besides Mr. Bair's who
believed they were entitled to an exemption from the smoking prohibition ordinance while it was
in effect. He said all the businesses were treated the same way, in that the city asked them to provide
proof that their businesses should be exempt. Mr. Bair provided information showing his business
was a bar under the smoking prohibition ordinance, but unfortunately, this use was not in compliance
with the zoning code.
Mr. Garcia spoke in support of allowing Mr. Bair to continue operating his business.
Mr. Kinnison asked how the Special Permit would function if Mr. Bair's business were to
change ownership. Mr. Gunning replied the new licensee would have to apply for a renewal of the
TABC license through the city's new variance process. Staff would be required to notify all property
owners within 200 feet of the subject property, as well as hold a public hearing on the request.
Mr. Garcia made a motion to amend Section 2, Article 2 of the ordinance to state that the
Special Permit would be subject to the continuation of the current license issued by the TABC,
seconded by Mr. Chesney, and passed. City Secretary Chapa polled the Council for their votes on
the amended ordinance as follows:
23. ORDINANCE NO. 026258
Amending the Zoning Ordinance, upon application by Bob Bair d/b/a Bair's Den by
changing the zoning map in reference to the Koolside Addition, Block 8, Lot 15, Less
R.O.W. (currently zoned `B-1" Neighborhood Business District) by granting a Special
Permit for once (1) yca, subject to annual .L,..wal by t11%, Pla<,,,:,s C ,.....;35:u.t the
continuation of the current TABC license and a site plan; 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: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott, voting "Aye".
Mayor Garrett referred to Item 24, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 0405-03 George K. Taylor: A change of zoning from a "R -1B" One -family
Dwelling District to a "B-4" General Business District. The property is 17.19 acres out of
Lot 13, Section 18, Flour Bluff and Encinal Farm and Garden Tract, located at South Padre
Island Drive and west of Nile Road.
City Secretary Chapa said the Planning Commission was recommending the approval of a
"B-4" General Business District for Tract 1 and a "B-1" Neighborhood Business District for Tract
2. Staff was recommending the denial of the `B-4" General Business District for Tracts 1 and 2, and
in lieu thereof, approval of the "B-4" General Business District for Tract 1 and an "A-2" Apartment
House District on Tract 2. Mr. Chapa said the ordinance before the Council reflected the Planning
Commission's recommendation.
Minutes - Regular Council Meeting
May 10, 2005 - Page 13
No one appeared in opposition to the zoning change. Mr. Noyola made a motion to close the
public hearing, seconded by Ms. Cooper, and passed.
Mr. Gunning reported the applicant was requesting a change of zoning to a "B-4" General
Business District to develop a hotel, retail, and office uses on 17 acres. He said the proposed
development would have access along South Padre Island Drive and Williams Drive. The
Commission recommended a change in zoning to "B-4" on the three-fourths of the property fronting
SPID for the hotel and restaurant development, and "B-1" zoning on the rear of the property for retail
activity. While the Planning Commission supported the applicant's request for the "B-1" zoning on
Tract 2, staff maintained Tract 2 should be zoned "A-2" Apartment House District because it was
consistent with the adjacent zoning to the east and the residential zoning across Williams Drive. Mr.
Gunning stated the applicant had recently indicated that one of the local television stations had
expressed interest in relocating on Tract 2 where the "B-4" zoning was being proposed.
Mr. Gunning stated staff's concern was that Williams Drive was a two-lane roadway with
open ditches on each side, and they were concerned about the amount of traffic generated on this
road. Staff had noticed that traffic was already filtering through the residential areas to bypass the
congestion on Airline Road. He said the adopted area development plan for this area called for this
area to be developed residentially, and staff supported this. Mr. Chapa polled the Council for their
votes as follows:
24. ORDINANCE NO. 026259
Amending the Zoning Ordinance, upon application by George K. Taylor, by changing the
zoning map in reference to 17.19 acres out of Lot 13, Section 18, Flour Bluff and Encinal
Farm and Garden Tract, from "R -1B" One -family Dwelling District to Tract 1 - "B-4"
General Business District and Tract 2 - "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: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting
"Aye"; Chesney was absent.
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Mayor Garrett referred to the presentations on the day's agenda. The first presentation was
an update on the South Texas Military Facilities Task Force by Mr. Gary Bushell and Mr. Loyd Neal.
Mr. Neal reported the U.S. Secretary of Defense would be issuing the Base Realignment and Closure
(BRAC) list no later than next Monday, but probably around 10:30 a.m. on Friday morning. He said
the task force was providing substantial amounts of information to the U.S. Congress on behalf of
the community. He said Mr. Bushell would review the last briefing book that was delivered to the
Congressional offices last Wednesday for the Council today.
Mr. Bushell referred to a chronology of all the meetings and briefings the task force had
conducted in support of area installations since 2002. He said there were over 160 individuals and
groups on the chronology, which constituted more meetings than in all the previous BRAC rounds
Minutes - Regular Council Meeting
May 10, 2005 - Page 14
combined.
Mr. Bushell displayed a map showing the commercial airline hub system traffic flows that
was used during briefings to demonstrate the open airspace around the city.
Mr. Bushell stated the task force provided a brief overview of the Corpus Christi area during
a briefing. In addition, he pointed out that the Port of Corpus Christi was designated as a Strategic
Deployment Port, and highlighted its role in the recent war with Iraq. They also discussed how the
Bay Area military complex, comprised ofNAS Corpus Christi, NAS Kingsville, and Naval Station
Ingleside, fit together in their major functions. They emphasized how Naval Air Station Corpus
Christi could serve as a multi -mission, multi -service, and multi -agency center.
Mr. Bushell also discussed the diversity of the missions being carried out by the Corpus
Christi Army Depot (CCAD), including its current Department of Defense missions in Iraq and
Afghanistan. Additionally, he said CCAD was experiencing a growth in its labor force of 361 new
hires in the past year.
Mr. Bushell briefly discussed the advantages ofNAS Kingsville, saying it was a unique base
because of the its available airspace. He said the team was concerned about rumors it had heard
about the fate of Naval Station Ingleside, but thought the facility performed an important mission
as a mine warfare center of excellence.
In conclusion, Mr. Bushell also briefly described the possible roles for the South Texas
military complex in the 2V century as follows: expeditionary warfare and fleet training; a Joint
National Training Complex (JNTC) in the Gulf of Mexico; and Homeland Security opportunities.
Mr. Scott asked what would happen once the list was announced. Mr. Bushell answered the
commission would begin hearings on next Monday and Tuesday to discuss the list with the military
decision makers who compiled it. If any South Texas bases were on the list, then the task force
would analyze the data used to rationalize the decision. If there were problems with the data, then
the task force would refute them.
Mr. Scott asked how a community could get off the list. Mr. Bushell replied the commission
would establish its own ground rules. He noted it took a super majority to add other bases to the list.
Mr. Scott asked about rumors saying CCAD's operations would be better run by the private
sector. Mr. Bushell replied CCAD had developed a number of partnerships with the private sector
which strengthened the case for preserving the depot. Mr. Scott thanked the task force for their
advocacy of the South Texas military complex.
Mr. Neal stated that, unlike other BRACs, this round was budget -driven and came directly
from the top. He emphasized the importance of having the community and the State speak with one
voice. He noted that if a base appeared on the closure, one of the commissioners was required to
visit the base. Thus, he said the community would still have opportunities for input even after the
list was issued. He said the task force would continue its efforts to further promote the area's bases.
Minutes - Regular Council Meeting
May 10, 2005 - Page 15
The last presentation was a quarterly report on the City's Americans with Disabilities Act
Title II Transition Plan and the City's non-discrimination ordinance. For the benefit of the new
Council members, Director of Human Relations Leon Bazar briefly described his department's role
in the organization. He said they were charged with enforcing the city's non-discrimination
ordinance; implementing the Americans with Disabilities Act (ADA) transition plan; and conducting
investigations and intakes for EOC and HUD discrimination cases.
Mr. Bazar provided a status report on the ADA transition plan, which consisted of
accessibility improvement projects for cross -disabilities through the removal of barriers for access
to public programs. He thanked engineering services, solid waste services, public information office,
neighborhood services, museum, and the legal department for their assistance in facilitating this
project. Regarding public facilities improvements, he noted the construction contract for these
improvements under the transition plan was near closure. He said the project was currently
undergoing the engineering department's review process to close-out the contract, with contract
completion anticipated in May 2005.
Mr. Bazar reported on accessibility improvements in the city's newer facilities, namely the
American Bank Center (ABC) and Whataburger Field. Regarding the American Bank Center, he
said an accessibility meeting was held between ABC staff, the Human Relations staff, and members
of the Committee for Persons with Disabilities. He reported the meeting was positive, resulting in
a number of suggested improvements. A follow-up meeting was scheduled within 60 days to address
the progress in implementing the improvements.
With regard to Whataburger Field, Mr. Bazar stated Human Relations staff and members of
the Committee for Persons with Disabilities took a tour and conducted an accessibility briefing.
Overall, they determined Whataburger Field staff had made positive accessibility efforts, and they
recommended a number of areas for improvement that they would monitor for progress.
Mr. Bazar reported two city facilities were awarded the "Access for All" award by the Texas
Department of Licensing and Regulation for physical compliance at the American Bank Center and
the Wesley Seale Dam office building.
Mr. Bazar discussed progress on the accessibility improvements for individual curb ramps.
He explained these projects were generally developed through citizen requests for accessibility, and
were funded through CDBG funds. He said a construction contract for $224,310 in curb ramp
improvements was completed in January 2005. Preparations for another curb ramp contract would
be let this summer for approximately $208,842. He displayed photos illustrating the types of
individual curb ramps being constructed.
Mr. Garcia requested a copy of the schedule for ADA projects, which Mr. Bazar provided.
Mr. Bazar discussed the accessibility improvements for citywide curb ramps. In November
2004, he said $4 million in citywide curb ramp projects were approved in the 2004 Bond program,
allocated at a $1 million per year over the next four years. He said Finance anticipated the sale of
the bonds in late May. He noted that engineering services was coordinating the citywide curb ramp
projects with the street improvement projects approved in Bond 2004.
Minutes - Regular Council Meeting
May 10, 2005 - Page 16
Mr. Bazar covered the accessibility improvements in public services, activities, and
programs. He said accessibility counters and tables were in use at libraries, recreation centers, senior
centers and computer lab. There was increased pool entry access at Collier Pool. American Sign
Language classes were being taught through Parks and Recreation. The museum's audio tour of
exhibits was being utilized by users with sight impairments. Finally, he said diversity awareness
training was ongoing for city employees.
Mr. Bazar provided an update on the non-discrimination ordinance in the areas of
employment, housing, and public businesses. Regarding employment, he reported "Discrimination
and Harassment in the Workplace" presentation were made to high school youth to increase
awareness. The training was provided to all CCISD high schools by the EEOC Regional Office in
San Antonio, Texas. He said the city also conducted 15 mediations and 39 case resolutions in
addressing allegations of employment discrimination. As a contracted agency for the EEOC, Mr.
Bazar said the Human Relations department was reimbursed for their services, which generated
money for the general fund.
Regarding housing, Mr. Bazar said two Human Relations investigators were enrolled in
HUD's Fair Housing Training Academy. The training consisted of a five-part series for HUD's new
national certification program in conducting investigations. He said the city currently had 25
housing discrimination cases open. As a contracted agency for HUD, the Human Relations
department was reimbursed for investigating and resolving these cases.
With regard to public businesses, Mr. Bazar reported the Human Relations department
conducted 16 presentations on "Equal Opportunity and Unfair Employment Practices in the
Workplace" for business management and staff.
Mr. Bazar reported a total number of 142 complaints were recorded under the non-
discrimination ordinance based on disability since February 2004. Of these 142 complaints, eight
were regarding places of public accommodation (public businesses); five were referred to other
governmental entities; and 129 were regarding city public facilities and programs, of which 117 were
related to the automated trash pick-up carts.
In this quarter, Mr. Bazar reported there were 20 complaints filed on the basis of disability
as follows: one on city election candidates' process for reasonable accommodation; one on accessible
paths among city facilities; two regarding bus transportation issues; and 16 on the use of city trash
carts.
In conclusion, Mr. Bazar recognized Mr. Oscar Hinojosa Sr. for his service as chairman of
the Human Relations Commission. He also announced a public meeting would be held tomorrow
at 4:00 p.m. to discuss the proposed RTA policy on wheelchair procurement.
Mayor Garrett asked for more information on the suggested improvements for the American
Bank Center. Mr. Bazar replied staff discussed improvements such as making event seating
available for persons with disabilities at all levels, accessible parking, and the need for a designated
ADA contact person. He commented the American Bank Center General Manager Marc Solis and
staff have made positive efforts to address these issues.
Minutes - Regular Council Meeting
May 10, 2005 - Page 17
In response to Mr. Noyola's questions, Mr. Bazar stated there would be ADA -accessible
parking for individuals wishing to purchase tickets at the ticket booth on Resaca Street. In addition,
the ABC's web page referred persons with disabilities to call the center directly for information on
accessible seating at events.
************
Mayor Garrett announced the executive session, which was listed on the agenda as follows:
27. Executive session under Texas Government Code Section 551.071 to receive advice from
the City's attorneys about the City's standing to challenge an application for a C & D landfill
in the region, with possible discussion and action related thereto in open session.
The Council went into executive session.
* * * * * * * * * * * * *
The Council returned from executive session, and Mayor Garrett called for a brief recess to
present proclamations and commendations.
* * * * * * * * * * * * *
The Council returned from recess, and Mayor Garrett called for petitions from the audience.
Ms. Robin Reames, 1015 N. Chaparral, spoke regarding her concerns about a parking garage wall
at 400 Mann that fell on her property. She said the property owner, Mr. Paul Black, had agreed to
replace the wall, but a year had elapsed with no progress. She said Mr. Black had made an appeal
to the Building Code Board of Appeals, but was denied. She understood Mr. Black may seek to
appeal the decision to the Council, so she asked the Council for their assistance.
Director of Development Services Barbara Holly reported Mr. Black made an appeal to the
Building Code Board of Appeals to avoid replacing the wall, but was denied. He had since sold the
building, and the new owners asked the Building Code Board of Appeals if they could find another
way to meet the fire code, but they were denied. They had 30 days to appeal the decision to the City
Council. Mr. Noe said staff would inform the Council and Ms. Reames if the property owners
decided to appeal.
*************
Mayor Garrett called for the City Manager's report. City Manager Noe distributed photos of
the progress on the Packery Channel project. In addition, he said American Airlines had added a
flight to Corpus Christi for a total of 10 flights. He announced a public meeting was being held this
evening regarding the Cole Park Master Plan and skate park issue in the Council Chambers.
Mr. Noe announced the following items were scheduled for consideration on the May 17
agenda: MPO's bicycle and pedestrian plan public hearing; CVB quarterly report; administrative
actions for the Velocity Games; funding for the first phase development of the Cefe Valenzuela
Minutes - Regular Council Meeting
May 10, 2005 - Page 18
landfill and the marina project; and an update on the fire contract negotiations.
Mayor Garrett called for Council concerns and reports. Mr. Scott asked staff to identify a
spot on one of the Packery Channel photos. Mr. Scott also asked staff to bring back a plan to build
a parking lot on the seawall, and to prohibit vehicular traffic in front of the seawall.
Mr. Noyola asked if there was a City Manager's Transmittal report this week. Mr. Noe
replied negatively, saying there was only one memo that needed to be sent this week, so he didn't
send a packet.
Ms. Cooper stated at the town hall meeting last night, a constituent asked a question about
the trespass of light onto other properties. Mr. Noe said staff would provide a report.
Mr. Marez reported a constituent had expressed concern about a house at 1366 Daytona that
was in poor condition. She said code enforcement had investigated, but she had not seen any results.
He asked Mr. Noe to look into it. Mr. Marez also reported a constituent on Mt. Vernon Street was
complaining about individuals parking their cars in the old K -Mart parking lot and playing loud
music. He asked that the police look into the problem.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 12:35 p.m. on May 10, 2005.
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