HomeMy WebLinkAboutMinutes City Council - 05/24/2005I 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 24, 2005, which were approved by the
City Council on June 14, 2005.
WITNESSETH MY HAND AND SEAL, on this the 14th day of June, 2005.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
May 24, 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
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor Charles Graff of St. Luke's United Methodist Church
and the Pledge of Allegiance to the United States flag was led by Council Member Kelly.
Mayor Garrett called for approval of the minutes of the regular Council meeting of May 17,
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:
Airport Board Building Standards Board
Jerry Kane (Appointed -Advisory) John B. Smith (Appointed)
Community Youth Development (78415) Steering Committee
Rodney Buckwalter (Appointed)
James Chrobocinski (Appointed)
Ann Marie Cortez (Appointed)
Theresa Finch (Appointed)
Rheba Jones (Appointed)
Diana Mesa (Appointed)
* * * * * * * * * * * *
*
Mayor Garrett called for consideration of the consent agenda (Items 3-18). Council members
requested that Item 10 be pulled for individual consideration. There were no comments from the
public. A motion was made and passed to approve Items 3 through 18, constituting the consent
agenda, except for Item 10, which was pulled for individual consideration. City Secretary Chapa
Minutes - Regular Council Meeting
May 24, 2005 - Page 2
polled the Council for their votes as follows:
3. RESOLUTION NO. 026270
Resolution authorizing the City Manager to take actions necessary to approve the issuance
of refunding bonds by Lavaca-Navidad River Authority in respect to the City of Corpus
Christi Lake Texana Project.
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
4. MOTION NO. 2005-155
Motion approving the purchase of three equipment trailers from 1-1 & V equipment Services,
Inc. of Corpus Christi, Texas in accordance with Bid Invitation No. BI -0072-05, based on
low bid in the amount of $38,319. These are replacements to the fleet. Funds have been
budgeted by the Water Department and Maintenance Services in FY 2004-2005.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
5. MOTION NO. 2005-156
Motion authorizing the City Manager or his designee to execute a professional services
agreement with the Nueces County Medical Education Foundation in an amount not to
exceed $150,000 in order to provide health care services for Title V Maternal -Child Health.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
6. RESOLUTION NO. 026271
Resolution authorizing the City Manager or his designee to submit a grant application to the
Texas Parks and Wildlife Department in the amount of $147,795 for renovation and
reconstruction of the hiking/walking trail at West Guth Park, with a City match of $47,795
in the No. 4720 Community Enrichment Fund, and a total project cost of $147,795.
The foregoing resolution 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 24, 2005 - Page 3
7.a. RESOLUTION NO. 026272
Resolution authorizing the City Manager or his designee to accept a grant from the Coastal
Bend Regional Advisory Council in the amount of $5,140.76 to be used for the purchase of
equipment, supplies, and services to support the delivery of emergency medical services for
the Corpus Christi Fire Department.
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
7.b. ORDINANCE NO. 026273
Ordinance appropriating a $5,140.76 from the Coastal Bend Regional Advisory Council in
the No. 1056 Ambulance Grants Fund to purchase equipment, supplies, and services, to
support the delivery of emergency medical services for the Corpus Christi Fire Department.
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".
8.a. RESOLUTION NO. 026274
Resolution authorizing the City Manager or his designee to accept a 2004 grant from the
Assistance to Firefighters Grant Program from the Emergency Preparedness and Response
Directorate, in the amount of $39,435 to develop and perform Fire Safety Presentations to
senior citizens and third grade children.
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
8.b. ORDINANCE NO. 026275
Ordinance appropriating $39,435 from the Assistance to Firefighters Grant Program, from
the Emergency Preparedness and Response Directorate, in the No. 1062 Fire Grants Fund
to develop and perform Fire Safety Presentations to senior citizens and third grade children.
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 24, 2005 - Page 4
9.a. ORDINANCE NO. 026276
Ordinance appropriating $423,830.30 from City Hall Capital Improvement Program Fund
3160, transferring to and appropriating in Street Capital Improvement Program Fund 3530
for the Up River Road Street Improvement Project; amending FY 2004-2005 Capital Budget
adopted by Ordinance No. 026188 by increasing appropriations by $847,660.60.
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. 2005-157
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
$890,490 for the Up River Road from Rand Morgan to McKinzie Project. (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. MOTION NO. 2005-159
Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the
Contract for Professional Services with Russell Corrosion Consultants, Inc., of
Simpsonville, Maryland in the amount of $136,182 for a total re -stated fee of $234,724.40
for the Padre/Mustang Island Water Crossings Cathodic Protection/Leopard Street Water
Transmission Mains Cathodic Protection.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
12. MOTION NO. 2005-160
Motion authorizing the City Manager or his designee to execute Ratification of Amendment
No. 7 to the Contract for Professional Services with LNV Engineering, of Corpus Christi,
Texas in the amount of $233,287 for a total re -stated fee of $973,387 for the Disinfection
Challenge Study for the O.N. Stevens Water Treatment Plant Facility Analysis Project.
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 24, 2005 - Page 5
13. MOTION NO. 2005-161
Motion authorizing the City Manager or his designee to execute Change Order No. 2 with
C. W. Campbell Electric, Inc. of Corpus Christi, Texas in the amount of $53,963.84 for the
O.N. Stevens Water Treatment Plant On -Going Instrument Maintenance Program FY 2004.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
14. MOTION NO. 2005-162
Motion authorizing the City Manager or his designee to execute an Interlocal Agreement
with the Nueces County (TxDOT) and authorizing payment of $50,000 for the rehabilitation
of a 700 linear foot section of Up River Road located within the City limits. (BOND ISSUE
2000)
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
15.a. MOTION NO. 2005-163
Motion authorizing the City Manager or his designee to execute a construction agreement
in an estimated amount of $87,000 with American Electric Power (AEP) for the installation
of new continuous street lighting and underground power lines on Yorktown Boulevard from
Oso Parkway to Weber Road.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
15.b. MOTION NO. 2005-164
Motion authorizing the City Manager or his designee to authorize Change Order No. 2 in
the amount of $172,300 with I-I&G Contractors, Inc., of Corpus Christi, Texas for the
installation of underground conduit for street lights, underground conduit for irrigation at
median and underground conduit for fiber optic cable on Yorktown Boulevard from Oso
Parkway to Weber Road.
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 24, 2005 - Page 6
16.a. MOTION NO. 2005-165
Motion approving the Developer Agreement for Temporary Improvements with developers
of South Fork Unit 3, 4, and 5 and Morningstar Unit 2 for the installation of a temporary
pumping system with private funds to improve the capacity of the existing Master Plan Lift
Station 1047 (Greenfields by the Bay), located west of Rodd Field Road and south of
Wooldridge Road, until the permanent improvements are completed and fully operational
to avoid delays with specified conditions.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
16.b. MOTION NO. 2005-166
Motion approving the Sanitary Sewer Trunk Force Main and Lift Station Construction and
Reimbursement Agreement submitted by Springfield Development, owner and developer of
South Fork Unit 5 Subdivision for the reconstruction of the existing Master Plan Lift Station
No. 1047 (Greenfields by the Bay), located west of Rodd Field Road and south of
Wooldridge Road, with 12 foot diameter wet well and 3,850 linear feet of 12 -inch Force
Main, easement acquisition and related appurtenances.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
16.c. ORDINANCE NO. 026277
Ordinance appropriating $975,210.63 from the Sanitary Sewer Trunk System Trust Fund No.
4220 to pay Springfield Development for the reconstruction of a Master Plan Lift Station No.
1047 (Greenfields by the Bay), located west of Rodd Field Road and south of Wooldridge
Road, with 12 foot diameter wet well and 3,850 linear feet of 12 -inch force main, easement
acquisition and related appurtenances for the Greenfields by the Bay service area, located
west of Rodd Field Road and south of Wooldridge Road.
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. MOTION NO. 2005-167
Motion authorizing the Director of the Public Health District to execute an agreement with
the Texas Department of State Health Services relating to a plan for responding to an act of
terrorism.
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 24, 2005 - Page 7
18. ORDINANCE NO. 026278
Amending the Comprehensive Plan of the City of Corpus Christi ("The City") by adopting
the Corpus Christi Future Land Use Plan and amending the Corpus Christi Urban
Transportation Plan (Ordinance 025251) for the City and its extraterritorial jurisdiction;
establishing a unified Future Land Use and Transportation Plan for coordination of land use,
zoning, subdivision development and capital improvements consistent with the public
interest; amending related elements of the Comprehensive Plan of the City. (First Reading
05/17/05)
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".
Mayor Garrett opened discussion on Item 10 regarding the Bay Trail Phase 3 Project. Mr.
Scott noted this item was implementing a portion of the proposed Hike and Bike Trail discussed at
last week's meeting. City Engineer Angel Escobar explained Phase 3 of the trail was approximately
4,100 linear feet and 10 -feet wide, and would extend from the end of the pavement on Holly Road
to the Oso Bay. The project would include primitive hiking trails into the Carr property and along
the uplands of the Cayo Del Oso to SPID. Mr. Escobar reported the future Phase 4 of the project
would connect the Bay Trail, Phase 3 to Bay Trail Phase 1 and 2 as an on -street trail to the future
intersection of Holly Road and Ennis Joslin Road (Spur 3 extension). Mr. Scott stated he would like
the city to communicate the implementation of this aspect of the plan to the bicyclists in the area.
He also urged staff to try to expedite TxDOT's implementation of the Spur 3 extension.
In response to Mr. Garcia's question, Mr. Escobar replied once all four phases of the Bay
Trail project were implemented, the hike and bike trail would be approximately 12 miles long. City
Secretary Chapa polled the Council for their votes as follows:
10. MOTION NO. 2005-158
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 $130,000 for the
Bay Trail Phase 3 Project.
The foregoing motion 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 19, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Minutes - Regular Council Meeting
May 24, 2005 - Page 8
Case No. 0305-04, Sizemore Real Estate, LLC: A change of zoning from a "B-4" General
Business District to an "I-2" Light Industrial District. The property is in River Square, Unit
1, Block I , Lots 1 through 4, located north of1H37 Frontage Road, south of McKenzie Lane
and east of Twin River Boulevard. (Tabled 05/10/05)
City Secretary Chapa said the Planning Commission recommended the denial of the "I-2"
Light Industrial District and in lieu thereof, approval of a Special Permit subject to site plan (Layout
C) and nine (9) conditions. Staff recommended the denial of the "I-2" Light Industrial District and
in lieu thereof, approval of a Special Permit subject to site plan (Layout E) and nine (9) conditions.
Mr. Chapa said the ordinance before the Council today reflected the Planning Commission's
recommendation.
Assistant Director of Development Services Michael Gunning explained the applicant was
requesting the change in zoning for the purpose of developing an office warehouse complex with
outdoor storage on 15.86 acres. He said the subject property was located along the IH 37 frontage
road and Twin River Boulevard and McKenzie Lane.
Mr. Gunning stated the Planning Commission and staff recommended the denial of the "I-2"
Light Industrial District because an unrestricted industrial district would not be appropriate due to
the property's proximity to the IH 37, a primary entrance corridor to the City. The Planning
Commission recommended a Special Permit subject to nine (9) conditions.
Mr. Gunning stated this case was tabled two weeks ago to allow the applicant to meet with
the Tuloso-Midway School Board. As a result, the applicant has developed an alternate layout for
their proposal, removing Lot 4 (closest to IH -37) from the zoning change. This area would remain
"B-4" zoning and would thus protect the city's entryway for commercial uses only. He said Lot 1,
abutting McKenzie Lane, would be the first phase of their development. Staff concurred with the
applicant's position.
Mr. Chesney made a motion to amend the ordinance to deny the "I-2" zoning for the subject
property, and to approve a Special Permit for Lots 1-3 subject to the nine (9) conditions and the
submission of a finalized site plan; seconded by Mr. Scott; and passed.
No one appeared in opposition to the zoning change. Mr. Chesney made a motion to close
the public hearing, seconded by Mr. Noyola, and passed. Mr. Chapa polled the Council for their
votes on the amended ordinance as follows:
Minutes - Regular Council Meeting
May 24, 2005 - Page 9
19. ORDINANCE NO. 026279
Amending the Zoning Ordinance, upon application by Sizemore Real Estate, LLC; by
changing the zoning map in reference to River Square Unit 1, Block 1, Lot 1 through 4 3,
(currently zoned "B-4" General Business District) by granting a Special Permit for
warehouse/office uses subject to site plan (Layout C) and nine (9) conditions; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved as
amended with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott, voting "Aye".
Mayor Garrett referred to Item 20, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 0405-04, Staples Development: A change of zoning from a "F -R" Farm -Rural
District on Tracts 1 and 2 to an "A-2" Apartment House District on Tract 1 and a `B-4"
General Business District on Tract 2. The property is 9.93 acres out of Flour Bluff and
Encinal Farm and Garden Tracts, Section 20, Lots 21 and 22, located west of Airline Road
and 600 feet south of County Road 26-A (Brooks Road).
City Secretary Chapa said the Planning Commission recommended the approval of the "A-2"
Apartment House District for Tract 1, and denial of a `B-4" General Business District on Tract 2,
and in lieu thereof, approval of a `B-1" Neighborhood Business District for Tract 2. Staff
recommended the approval of the "A-2" Apartment House District on Tract 1, and denial of the "B-
4" General Business District on Tract 2, and in lieu thereof, approval of an "A-2" Apartment House
District.
Assistant Director of Development Services Michael Gunning reported the applicant was
requesting a change in zoning to "A-2" Apartment House District on Tract 1 for a multi -family
development, and a "B-4" General Business District on Tract 2 to develop a shopping center. He said
staff and the Planning Commission agreed with the applicant's request on Tract 1. On Tract 2,
however, the Commission recommended the denial of the "B-4" General Business District and in
lieu thereof, the approval of a `B-1" Neighborhood Business District.
Mr. Gunning staid staff recommended the approval of an "A-2" Apartment House District
for Tract 2 because they were concerned about the stripping out of street corridors with commercial
development, which caused traffic congestion around a number of the city's arterials. To this end,
staff encouraged the location of retail at the intersection of two arterials. He said the applicant
concurred with the Planning Commission's recommendation.
Mr. Scott stated he supported the Planning Commission recommendation. He asked about
the city's policy about limiting the number of curb cuts on major streets on commercial property.
Mr. Gunning replied the roadways most impacted by curb cut limits were those owned by the state,
such as Staples Street and Rodd Field Road. He said Airline Road was not state-owned, but the city
used whatever tools at their disposal to manage the number of driveways on any property, usually
Minutes - Regular Council Meeting
May 24, 2005 - Page 10
through the building permit process. Mr. Scott asked if the city could allow two curb cuts on this
property, one at the southern end and one as a portion of both tracts. Mr. Gunning replied this was
a possible arrangement. He stated it was not possible to set the curb cuts in the rezoning process
except through a Special Permit, but the developers would feel that this tied their hands in terms of
attracting investors and obtaining financing.
Mr. Kinnison supported staff's recommendation because he did not feel comfortable
approving the applicant's request since it was a speculative project. He did not want to repeat the
mistakes the city had made on other streets that had caused traffic congestion.
Mayor Garrett called for public comment. Mr. Wayne Lundquist, 700 Everhart, representing
the applicant, spoke in favor of the Planning Commission's recommendation. He did not feel the
traffic levels generated by the `B-1" or "A-2" zoning districts were any different. Director of
Development Services Barbara Holly stated traffic counts on multi -family districts were
approximately nine cars to the unit, where commercial developments generated as much as 130 to
140 trips per thousand square feet.
Mr. Kinnison asked if there was any special time limit required if the applicant were to
reapply for `B-1" zoning once they could submit a more specific use plan. Mr. Gunning replied that
if Council approved staffs recommendation, the one year waiting period would not be imposed. The
applicant would then be able to reapply for a zoning change at any time.
Ms. Cooper spoke against having the applicant reapply for `B-1" zoning. She supported the
Planning Commission's recommendation because she felt the usage was compatible for the small
tract they were requesting.
Mr. Kinnison made a motion to amend the ordinance to reflect staffs recommendation,
seconded by Mr. Kelly. City Secretary Chapa polled the Council for their votes as follows: Kelly,
Kinnison, and Noyola, voting "Aye"; Garrett, Chesney, Cooper, Garcia, Marez, and Scott, voting
"No". The motion to amend failed.
A motion was made, seconded, and passed to close the public hearing. City Secretary Chapa
polled the Council for their votes on the ordinance as presented as follows:
20. ORDINANCE NO. 026280
Amending the Zoning Ordinance, upon application by Staples Development, LLC, by
changing the zoning map in reference to 9.93 acres out of Flour Bluff and Encinal Farm and
Garden Tracts, Section 20, Lots 21 and 22, from "F -R" Farm -Rural District to "A-2"
Apartment House District - Tract 1 and "B-1" Neighborhood Business District - Tract 2;
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, Chesney, Cooper, Garcia, Marez, Noyola, and Scott, voting "Aye";
Kelly and Kinnison, voting "No".
Minutes - Regular Council Meeting
May 24, 2005 - Page 11
Mayor Garrett referred to Item 21, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 0405-05 Landmark Commission - Manuel G. Morales:
A change of zoning from a "R -1B" One -family Dwelling District to a "R-1B/HC-IV" One -
family Dwelling District with a Historical -Cultural Landmark Preservation Overlay. The
property is in Del Mar Subdivision, Block 18, Lot 3, located along Clifford Street and 100
feet west of Santa Fe Street.
City Secretary Chapa said the Planning Commission and staff recommended the approval of
the "R-1B/HC-IV" One -family Dwelling District with a Historical -Cultural Landmark Preservation
Overlay.
Assistant Director of Development Services Michael Gunning reported this action was
requested by the property owner, and approved by the Landmark Commission and the Planning
Commission. He said the "HC -IV" designation protected the exterior of private buildings not open
to the public. Any exterior building modifications to the entire structure would require Landmark
Commission review and action within 30 days of the building permit request date. In addition, any
demolition procedures would require a 60 -day review period from the demolition permit request
date.
No one spoke in opposition to the zoning change. Ms. Cooper made a motion to close the
public hearing, seconded by Mr. Garcia, and passed. City Secretary Chapa polled the Council for
their votes as follows:
21. ORDINANCE NO. 026281
Amending the Zoning Ordinance, upon application by the City of Corpus Christi Landmark
Commission and Manuel G. Morales, by changing the zoning map in reference to Del Mar
Subdivision, Block 18, Lot 3 from "R -1B" One -family Dwelling District to "R -1B" One -
family Dwelling District with a "HC -IV" Historical Classification; 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, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye".
Mayor Garrett referred to Item 22, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 0405-06, Landmark Commission - Gamaliel Oliva: A change of zoning from a "R -
1B" One -family Dwelling District to a "R-1B/HC-IV" One -family Dwelling District with a
Historical -Cultural Landmark Preservation Overlay. The property is in Del Mar Subdivision,
Block 18, Lot 6, located along Clifford Street and 250 west of Santa Fe Street.
Minutes - Regular Council Meeting
May 24, 2005 - Page 12
City Secretary Chapa said the Planning Commission and staff recommended the approval of
the "R-1B/HC-IV" One -family Dwelling District with a Historical -Cultural Landmark Preservation
Overlay.
Director of Development Services Michael Gunning reported this case was identical to the
prior zoning case.
No one spoke in opposition to the zoning change. Mr. Garcia made a motion to close the
public hearing, seconded by Ms. Cooper, and passed. City Secretary Chapa polled the Council for
their votes as follows:
22. ORDINANCE NO. 026282
Amending the Zoning Ordinance, upon application by the City of Corpus Christi Landmark
Commission and Gamaliel Oliva, by changing the zoning map in reference to Del Mar
Subdivision, Block 18, Lot 6 from "R -1B" One -family Dwelling District to "R -1B" One -
family Dwelling District with a "HC -IV" Historical Classification; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan.
City Secretary Chapa polled the Council for their votes as follows: Garrett, Chesney, Cooper,
Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
*************
Mayor Garrett opened discussion on Item 23 regarding the sale of 45 properties at a tax resale
auction. Director of Finance Cindy O'Brien reported the auction would be held on June 11 at the
Nueces County Courthouse. She said the city had identified 16 of the 45 properties as potential
candidates for the city's infill lot program, and Neighborhood Services was reviewing the properties
now for suitability. If any properties were deemed appropriate for the program, staff would submit
a letter to the law firm requesting that the properties be removed from the auction list before June
11. There were no comments from the audience. City Secretary Chapa polled the Council for their
votes as follows:
23. ORDINANCE NO. 026283
Ordinance authorizing the sale of forty-five (45) properties shown on the attached and
incorporated Exhibit A at a tax resale auction with opening bids of 30% of the most recent
tax appraisal value 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, Noyola, and
Scott, voting "Aye".
Mayor Garrett opened discussion on Item 24 regarding a utility rate analysis study. Assistant
City Manager Ron Massey stated the city's current utility rates were based on a 1990 rate study. He
said the city's wholesale water customers had requested that the city look at the actual cost of service,
Minutes - Regular Council Meeting
May 24, 2005 - Page 13
allocate those costs to the various categories of users, and then determine whether the city's rate
structure was consistent with those costs.
Mr. Scott questioned the need for this study. Mr. Massey explained this study would help
the city determine the appropriate charge by category of customer. Some customers, for example,
received their water from the treatment plant, while others received it further down the distribution
system. The city did not necessarily have a water transportation cost for those customers further
down the distribution system.
Mr. Scott also questioned the cost of the study. Mr. Massey stated the study involved
analyzing the city's existing model, and validating whether the city should keep the model or change
it to another model if desired.
Mr. Noyola also questioned the cost of the study, saying it seemed excessive. He expressed
concern that the city was questioning the equity of its utility rates. Mr. Massey replied staff was
considering moving to a rate structure with a different calculation for every customer category,
similar to San Patricio County. He said the city had not studied its costs per customer category since
1990.
Mr. Noyola was concerned the study might show that the city was overcharging some
customers. He felt it was better to adopt a "if it ain't broke, don't fix it" philosophy regarding utility
rates. City Manager Noe replied staff could not predict that any class of customers was being
overcharged or undercharged until the study was complete. He said a number of major customers
had asked the city to study their rates to assure that the city's utility rates were equitable and,
considering the city had not done a rate study in 15 years, he felt this was a reasonable request. Mr.
Noyola stated he did not support this study.
Mr. Kirmison asked if the rate study was truly being driven by the industrial users's request.
City Manager Noe replied the industrial users initiated the request, but staff also felt it was
reasonable to look at its rates after 15 years. Mr. Kinnison asked if the study in 1990 cost about the
same amount. Water Superintendent Ed Garana stated he would provide this information. Assistant
Director of Engineering Services Kevin Stowers added there had also been many changes in statutory
authority as the city's customer base has changed. As a result, the city needed to be able to validate
that its current rates were up-to-date, fair, and sound for all customers. Mr. Kinnison stated it may
very well be that the industrial water customers who requested the study may have to pay more than
they are paying today. City Manager Noe replied affirmatively, saying he had conveyed this
possibility to the industrial water customers. Mr. Kinnison asked Mr. Noe to communicate this point
again, because he doubted whether this group had heard the message.
Mr. Kinnison asked for the timeline on the study. Mr. Stowers replied the study should be
available for next year's budget cycle, with a model operational in January and February. Mr.
Massey added that any rate change decisions would be discussed with the Council before the budget
was finalized.
In summary, City Manager Noe stated the city has become the regional water entity for a very
large area, including a number of municipalities and districts. Thus, staff felt the city had an
Minutes - Regular Council Meeting
May 24, 2005 - Page 14
obligation to be as transparent and equitable as possible regarding its utility rates.
Mr. Noyola and Mr. Chesney stated if the wholesale water customers had requested the study,
then they should be responsible for paying a portion of the cost. Mr. Massey replied the city also
recognized a need to be more sophisticated in how they calculate utility rates. He said staff had
issued an RFP for the study, and HDR Engineering was selected out of two bidders. Mr. Stowers
added the TCEQ also required that the city have a rate structure that is appropriate, fair, and
equitable for its customers.
In response to Mr. Kinnison's question, City Manager Noe replied the city's storm water
charges could be challenged because customers outside of the city limits do not benefit from storm
water expenditures. Mr. Kinnison asked which customers would pay for this study. Mr. Massey
replied everyone who paid for treated water, 42 percent of which was for industrial usage. Mr.
Kirmison stated residential customers could stand to benefit just as much as industrial customers
from the study results. He also stated the study would provide various options for the city to
consider, not just one option.
Mr. Scott was concerned about how any rate changes would be implemented as a result of
the study. City Manager Noe replied any rate changes would be implemented prospectively rather
than retroactively.
Mr. Scott stated he would like the city's large volume water customers to formally state their
support for this item. Thus, Mr. Scott made a motion to table this item for one week, seconded by
Mr. Chesney, and passed.
24.a. TABLED FOR ONE WEEK
iluappiupnateil Iu1111 l,alauw uitu
FP I-'
24.b. TABLED FOR ONE WEEK
utiOn aun,0[.zu.g tllc
CXCCutL a COLEt at, W1
Etlgi11clding, Inc., of Colpus CL,st;, TcAa� in t11� a1110 U1tt of $255,7)0 fu1 a Ut;l1y
y515 JIUUy.
Mayor Garrett opened discussion on Item 25 regarding the potential construction of a skate
park in Cole Park. Director of Parks and Recreation Sally Gavlik stated the Council had previously
approved a master plan for Cole Park that included a skate park. She said the issue before the
Council was whether the skate park should be in Cole Park before proceeding with the master plan
implementation.
Ms. Gavlik reviewed the Council's previous actions regarding the skate park. In March 2002,
she said the Junior League made a Council presentation regarding the skate park, and the Boys and
Minutes - Regular Council Meeting
May 24, 2005 - Page 15
Girls Club was the recommended location. In April 2004, the city made a motion to enter into an
agreement to provide two annual payments of $50,000 for skate park design and construction. In
October 2004, the Junior League made a Council presentation regarding an alternative site for the
skate park at Cole Park. In November 2004, the Council approved an amendment to the Corpus
Christi Parks, Recreation, and Open Spaces Master Plan to include a comprehensive Master Site Plan
for Cole Park.
Ms. Gavlik reviewed a list of public meetings held as follows: February 4, 2005 - Marina Del
Sol residents and staff; March 15, 2005 - public input meeting at City Hall; April 19, 2005 - meeting
with Junior League, Del Mar, and park and recreation staff; May 3 - briefing with Del Mar residents;
May 10 - consultant presentation of Cole Park Master Site Plan, public comments, and written
survey; and May 11 - Park and Recreation Advisory Committee meeting.
Ms. Gavlik discussed a number of concerns raised at the public meetings that staff addressed
as follows: traffic/speed; parking in Del Mar area; bus stop on Ocean Drive; curfew; noise levels;
vandalism; and adequate supervision.
Ms. Gavlik also stated there were also a number of construction issues that had surfaced
regarding the skate park site: water table; retaining walls; fencing; and lighting. Depending on where
the skate park was located in Cole Park, she said the area may need to be elevated to hold an 8 -foot
bowl due to the level of the water table. She noted that the site near Kids Place had a water table of
approximately 8 feet. If the skate park was built into the hillside, retaining walls would need to be
constructed so the it would not slide into the bay. In addition, she said fencing would be necessary
to ensure the protection of the area, liability, and to limit access for smaller children. Finally, if the
facility was to be open during the evening hours, adequate lighting would need to be installed.
Mr. Chesney stated the conflict over the skate park was being portrayed as the Junior League
versus Del Mar residents. In his opinion, city staff made a recommendation to locate the skate park
in Cole Park, which the Council approved. Thus, he felt the Council should be accountable for the
decision to locate the skate park in Cole Park, not the Junior League. Ms. Gavlik replied the Junior
League had requested a site on the bayfront. She said there were three parks on the bayfront as
follows: Sherrill Park, McCaughan Park, and Cole Park. Sherrill Park was a veteran's park, and
McCaughan Park was eliminated because of its proximity to the coliseum. Thus, by default, Cole
Park became the choice for the park. Mr. Chesney disagreed with staff's assessment, saying
McCaughan Park would have been a great location for the skate park.
Mr. Chesney stated the public discourse regarding the skate park had been constructive in
his view. Regardless of what the Council's decision was today, he wanted to ensure that the project
would not lose momentum; thus, he stated he did not want to see any unnecessary delays in the
decision making process.
Mr. Chesney asked about the two potential sites for the skate park in Cole Park. Ms. Gavlik
replied Alternate A was by KidsPlace and Alternate B was located on the hillside near the
intersection of Louisiana Parkway and Ocean Drive. Alternate A would require the elevation of the
water table and Alternate B would require retaining walls since it was located on a hillside. In
response to Mr. Chesney's question, Ms. Gavlik stated staff would need to discuss the sites with the
Minutes - Regular Council Meeting
May 24, 2005 - Page 16
Junior League because each location had different construction issues that would generate specific
construction costs. She said while the construction issues for Alternate B would be more expensive
to address. However, the cost notwithstanding, she felt Alternate B was the better choice. Mr.
Chesney replied that he felt it would be appropriate if the Council were to approve more funding for
the project if the best site was projected to cost more.
In response to Mr. Chesney's question, Ms. Gavlik stated there was a third site in Cole Park
that was eliminated from the plan because of its proximity to the Marina Del Sol condominiums.
In many ways, it was a better site because it was a lower cost site with adequate parking and
pedestrian accessibility.
Mr. Chesney mentioned a number of alternate sites, such as South Bluff Park and
McCaughan Park. Ms. Gavlik said staff had discussed a number of alternate sites internally, but
needed to obtain Council direction on the Cole Park site before pursuing other options. Mr. Noe
added staff had discussed the siting of the skate park in a bayfront park with Mr. Raymond Gignac
and the other architects of the Bayfront Master Plan. He said they rejected the idea because it didn't
fit in with the existing plan. Mr. Chesney asked if an alternate site was chosen, how long would it
take to go through the public information process. Ms. Gavlik replied the process would take
approximately two to three months.
Mayor Garrett called for a fifteen minute recess to conduct a board and committee member
swearing-in ceremony and present a proclamation. He said the Council would resume the discussion
on this item after the break.
* * * * * * * * * * * *
*
Mayor Garrett called for petitions from the audience. Mr. Jack Gordy, 4118 Bray, asked that
the city consider reinstating the pawn shop detail program; and expressed concern about the
management of the public access studio. Mr. Scan asked if the revenues for the Crime Control
District were higher than anticipated, would it be possible to reinstate the pawn shop detail program.
Mr. Noe responded the Council would consider the Crime Control District budget next month with
the Board's funding recommendations.
Mr. Bill Kopecky, 3609 Topeka, commented that the city contracted for too many studies,
and also stated he did not feel the city should function as a regional water supplier, but instead
consider establishing a regional water authority.
*************
Mayor Garrett reopened the discussion on Item 25, the skate park at Cole Park. In response
to Mr. Noyola s question, Ms. Gavlik stated that the engineering costs for Alternate A (KidsPlace)
would estimated at $145,000; Alternate B (Hillside) - $299,000; and Alternate C (Marina Del Sol) -
$144,000. These costs were in addition to the $400,000 base cost of the skate park. Mr. Noyola
suggested that the Dr. Hector P. Garcia Park would be a good alternate site.
Mr. Garcia asked staff to address the traffic and safety issues, and who would assume the
Minutes - Regular Council Meeting
May 24, 2005 - Page 17
increased costs. City Engineer Escobar discussed the following options: lowering the speed limit
on Ocean Drive; creating an extra crosswalk; and creating parking restrictions in residential
neighborhoods.
Mr. Scott spoke in support of the skate park project, saying he was in favor of spending
additional funds if necessary to ensure a quality facility. He asked the Junior League to discuss their
estimated costs for the project. Ms. Renee Burris with the Junior League replied that originally, the
skate park construction was estimated at $350,000. The Junior League had discussed setting up an
endowment fund of $50,000 to maintain the park. This price did not include any fencing or lighting.
She had spoken with Mr. Richard Dodson of Marshall Construction provided them an updated
estimate at today's prices, and he confirmed the price was still $350,000. Ms. Burke stated the Junior
League had received a number of in-kind donations (concrete at cost, etc.) to offset the price.
Regarding the additional costs being discussed today, she said the Junior League had been made
aware of them at today's meeting.
Mr. Scott asked about supervision of the skate park. Ms. Gavlik said the plan did not include
any provisions for supervision. Mr. Scott stated the Portland Skate Park has set up a remote security
camera system that was connected into the Portland police department. He also asked about
maintenance. Ms. Gavlik said the city would maintain the same level of maintenance they were
doing now. Mr. Scott also asked about parking for the skate park. Ms. Gavlik replied the plan
included 50 additional parking spaces.
Mayor Garrett asked for public comment. The following individuals spoke in support of
having the skate park in Cole Park: Ms. Dorothy Spann and Mr. Bill Allen with the Del Mar
Neighborhood Association; Mr. Fred Garcia, 210 Summeridge; and Mr. Danny Noyola, 4433
Valdez.
The following individuals spoke in favor of a skate park, but preferred an alternate site
besides Cole Park: Mr. Larry Frederick, 120 Del Mar; Mr. Sam Cowling, 138 Southern; Mr. Rick
Roberson, 315 Del Mar; Ms. Nancy Beauchamp, 1901 Del Mar; Ms. Heather McGaffin, 14721
Whitecap; Ms. Edie Richards; an unidentified woman; Mr. Bob Minor, 116 Louisiana Parkway; Mr.
James Eskew, Marina Del Sol condos; Dr. Arnold Gonzales, 110 Ocean View; Ms. Michelle Moffitt,
134 Louisiana.
The following individuals spoke against locating the skate park in Cole Park: Ms. Carolyn
Moon, 4901 Calvin; Ms. Kay Nesbitt, 1917 Ocean Drive; Ms. Courtney Berry, 2757 Ocean Drive;
Ms. Donna Frederick, 120 Del Mar; Ms. Guadalupe Rangel, 3 Hewitt Drive; and Mr. Roger Blake,
2001 Ocean Drive.
Mr. Tony Hauglam, 205 Del Mar, presented a petition signed by Del Mar residents opposed
to locating the skate park in Cole Park.
Ms. Renee Burris, 14612 Red River, and Ms. Yma Urban, 145389 Tortuga, of the Junior
League spoke in favor of continuing to build a skate park.
Mr. Kinnison stated that the Portland skate park usually had approximately 17 to 20 skaters
Minutes - Regular Council Meeting
May 24, 2005 - Page 18
at a time, and many of those individuals car pooled. Thus, he felt the 50 proposed parking spaces
were sufficient, and several members of the audience supported his belief. He also asked questions
about fencing and city liability for any injuries. Mr. Kinnison asked if the city would consider
installing an emergency phone at the park for citizen use. Mr. Noe answered affirmatively. Finally,
Mr. Kinnison asked about curfew at Cole Park. Ms. Gavlik replied Cole Park's curfew was 2:00 a.m.
because it was considered a bayfront park. She said prior to the skate park discussion, citizens had
requested that the city lower the curfew to 12:00 a.m. like other city parks. She said staff would
taking the request to the Park and Recreation Advisory Committee for their consideration. In
response to Mr. Kinnison's question, Ms. Lavonne Garrison said the skate park construction was
estimated to take four to six months to complete.
Mr. Marez spoke in support of having a skate park in the downtown area. He said the city
needed to address the curfew issues and safety issues raised. He also spoke in support of installing
an emergency phone. He was concerned that the price of the skate park could go as high as
$750,000, but he hoped the Junior League could receive in-kind donations to offset this expense.
He also stated that he did not believe that more graffiti and crime were necessarily to be expected
around a skate park.
Mr. Noyola spoke in favor of lowering the Cole Park curfew to 12 midnight. He also asked
the city to work with the RTA to provide adequate transportation to the skate park.
Mr. Kelly asked questions about the site near the Marina del Sol condos had been eliminated.
Ms. Gavlik stated the site had many advantages, but today's discussion was focused on whether there
would be a skate park in Cole Park or not. The actual site in Cole Park was yet to be determined.
Mr. Scott and Ms. Cooper stated they were in favor of locating the skate park in Cole Park,
but also felt the city should make every effort to mitigate the negative effects the park might have
on the neighborhoods.
In response to Mr. Scott's question, Mr. Charlie Bryan stated concrete skate parks were
preferable over wooden skate parks, and modular skate parks. He said additional flatland space
could be placed in the park to allow for event specific ramps.
Mayor Garrett and the Council thanked the Junior League for their efforts. He said he placed
this item on the agenda so the Council could give staff direction on this matter. City Secretary Chapa
polled the Council for their votes as follows:
Minutes - Regular Council Meeting
May 24, 2005 - Page 19
25. MOTION NO. 2005-168
Motion granting permission to locate the skate park in Cole Park; directing inclusion of the
skate park in the Comprehensive Master Site Plan for Cole Park as part of the Corpus Christi
Parks, Recreation and Open Spaces Master Plan; and authorizing the City Manager to take
all necessary action and to sign a contract and all other necessary documents for the Junior
League of Corpus Christi, Inc. ("Junior League") to construct the skate park in Cole Park,
provided the following condition is satisfied:
The Junior League shows to the satisfaction of the City Manager that the Junior League has
the funding in place necessary to construct the skate park in Cole Park.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
* * * * * * * * * * * * *
Mayor Garrett announced the executive sessions, which were listed on the agenda as follows:
26. Executive session under Texas Government Code Section 551.071 regarding Matthew
Barnes, et al vs. James Peterson and the City of Corpus Christi, Cause No. C-04-724, 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.
The Council went into executive session. The Council returned from executive session and
the following motion was passed with the following vote:
26. MOTION NO. 2005-169
Motion authorizing the City Manager to employ the law firm of Canales & Simonson, P.C.
to provide legal representation in Cause No. C 04-274, Michael Barnes, et al v. City of
Corpus Christi, et al, in the United States District Court, Southern District of Texas, Corpus
Christi Division, at an hourly rate not exceeding $185.00, plus expenses, subject to
certification of funds.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
* * * * * * * * * * * * *
Mayor Garrett called for the City Manager's report. City Manager Noe reported the city's
library system would be holding the "Get Hooked on Reading" program this summer, with the
support of the Corpus Christi Hooks, the Caller -Times, and Flint Hills Resources. He said the library
Minutes - Regular Council Meeting
May 24, 2005 - Page 20
system had also been working on a program to sign up kids for library cards, with cooperation of the
Friends of the Libraries, Sam's Club and the Kiwanis Club. Since February 1, he said 3,000 children
had been signed up for library cards.
Mr. Noe reported that the ribbon -cutting ceremony for the first project supported by the 4A
sales tax, A.C. Distribution, took place today.
Mr. Noe reported that tomorrow was Corpus Christi Day at the State Legislature. He also
stated the presentation of the city manager's budget would be on next week's agenda.
Mayor Garrett reported that after Memorial Day, the Council would wear their summer attire.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 2:35 p.m. on May 24, 2005.
* * * * * * * * * * * * *