HomeMy WebLinkAboutMinutes City Council - 06/21/2005I 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 June 21, 2005, which were approved by the
City Council on June 28, 2005.
WITNESSETH MY HAND AND SEAL, on this the 28th day of June, 2005.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
June 21, 2005 - 10:00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Brent Chesney
Council Members:
Melody Cooper (Arrived at 10:05 a.m.)
Jerry Garcia
Rex Kinnison
Bill Kelly
John E. Marez
Jesse Noyola
Mark Scott
ABSENT
City Manager George K. Noe
City Staff:
Assistant City Manager Ron Massey
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 Bubba Stahl of First Baptist Church and the Pledge
of Allegiance to the United States flag was led by Council Member Marez.
Mayor Garrett called for approval of the minutes of the regular Council meeting of June 14,
2005. A motion was made and passed to approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Garrett called for consideration of the consent agenda (Items 2-10). There were no
comments from the public or the Council. A motion was made and passed to approve Items 2
through 10, constituting the consent agenda. City Secretary Chapa polled the Council for their votes
as follows:
MOTION NO. 2005-191
Motion approving a supply agreement with Brance-Krachy Co., Inc., of Houston, Texas, for
approximately 402 magnesium anodes in accordance with Bid Invitation No. BI -0108-05
based on low total bid for an estimated semi-annual expenditure of $53,582.30 of which
$8,810.34 is budgeted in FY 2004-2005. The term of the supply agreement will be for six
months with an option to extend for up to four additional six-month periods subject to the
approval of the supplier and the City Manager or his designee. Funds have been requested
by the Gas Department for FY 2005-2006.
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
June 21, 2005 - Page 2
RESOLUTION NO. 026306
Resolution authorizing the City Manager or his designee to accept an amendment for a grant
increase in the amount of $6,190 to Contract No. 77 1-05 040 with the Texas State Library and
Archives Commission for the purchase of a new photocopier and networked printer for the
Interlibrary Loan Center.
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
3.b. ORDINANCE NO. 026307
Ordinance appropriating an additional amount of $6,190 in an amendment to Contract No.
771-05040 from the Texas State Library and Archives Commission in the No. 1068 Library
Grants Fund for the purchase of a new photocopier and networked printer for the Interlibrary
Loan Center.
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".
MOTION NO. 2005-192
Motion authorizing the City Manager or his designee to execute Amendment No. 5 to the
Contract for Professional Services with Russell Corrosion Consultants, Inc., of Simpsonville,
Maryland in the amount of $64,926 for a total restated fee of $299,650.40 for the Mary
Rhodes Pipeline Corrosion Protection, Phase 2.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
MOTION NO. 2005-193
Motion approving the application from The American Bank Center in association with
Special Olympics Texas to temporarily close the following street section for the Texas
Bayball Ballyhoop Tournament:
The northernmost end of Shoreline Boulevard, directly east of the Convention
Center, beginning at the intersection of Fitzgerald Street and Shoreline Boulevard
northward, beginning at 6:00 a.m., Thursday, July 28, 2005 until 6:00 a.m., Monday,
August 1, 2005.
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
June 21, 2005 - Page 3
6. MOTION NO. 2005-194
Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the
construction contract with Laughlin -Thyssen, Inc., of Houston, Texas in the amount of
$41,703.56 for the Southside Transmission Water Main, Phases 4 and 4A.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
7. MOTION NO. 2005-195
Motion authorizing the City Manager to execute a Deferment Agreement with D & J Land
Company, developer of Padre/Interstate 37 Business Park Unit 2, Lots 1, 2, and 3, Block 1
located south of Interstate Highway 37 and west of Lantana Street in the amount of
$138,827.05 for on-site public improvements including street pavement, curb, gutter and
sidewalks, storm sewer lines and water mains to serve Padre/Interstate 37 Business Park Unit
2, Lots 1, 2, and 3, Block 1, in accordance with the Platting Ordinance Section V -Required
Improvements Subsection A.3b).
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
8.a. MOTION NO. 2005-196
Motion approving the Transmission and Grid Main Construction and Reimbursement
Agreement submitted by the Corpus Christi Retirement Residence Limited Partnership,
owner and developer of the Corpus Christi Retirement Residence Addition, Block 1, Lots
1, 2, and 3, located north of Lipes Boulevard and west of South Staples Street for the
installation of 290 linear feet of a 12 -inch PVC water grid main.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
8.b. ORDINANCE NO. 026308
Ordinance appropriating $14,104 from the Arterial Transmission and Grid Main Trust Fund
No. 209010-4030 to pay developer reimbursement request for the installation of 290 linear
feet of a 12 -inch PVC water grid main to develop the Corpus Christi Retirement Residence
Addition, Block 1, Lots I, 2, and 3.
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
June 21, 2005 - Page 4
9. ORDINANCE NO. 026309
Ordinance authorizing the City Manager or his designee to execute a Use Privilege
Agreement with The Port of Corpus Christi ("Owner") for the right to install, operate, repair,
replace, and maintain one private 1.25 inch HDPE conduit with fiber optic cable across the
Salt Flat Drainage Outfall right-of-way for approximately 90 -feet and approximately 700 -feet
north of the Union Pacific Railroad right-of-way; establishing a fee of $240.
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. ORDINANCE NO. 026310
Amending the Comprehensive Plan of the City of Corpus Christi by amending the City of
Corpus Christi Parks, Recreation, and Open Space Master Plan by amending Subsection 10
of Section 8.2 by adding provisions for playground equipment and green spaces in
neighborhood parks; reconfirming the top ten list of highest priority recreation facility needs
in Section 9.2; providing for repeal of conflicting ordinances. (First Reading 6/14/05)
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".
* * * * * * * * * *
*
**
Mayor Garrett referred to Item 1 I , and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0505-03 1 Community Bank: A change of zoning from a "R -1B" One -family
Dwelling District to a "B-1" Neighborhood Business District. The property is in Gardendale
Unit 2 Subdivision, Block 8, Lots 33 and 34, located along Bonner Drive and 175 feet east
of Everhart Road.
Council Member Garcia stated that he was abstaining from the vote and discussion on this
item.
City Secretary Chapa said the Planning Commission and staff recommended the approval of
an "AB" Professional Office District with a Special Permit subject to (8) eight conditions.
No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the
public hearing, seconded, and passed. Mr. Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
June 21, 2005 - Page 5
11. ORDINANCE NO. 026311
Amending the Zoning Ordinance, upon application by 1' Community Bank, by changing the
zoning map in reference to Gardendale Unit 2 Subdivision, Block 8, Lots 33 and 34, be
rezoned from "R-1 B" One -family Dwelling District to an "AB" Professional Office with a
Special Permit for a motor bank as an extension of the existing bank along Everhart Road,
a parking lot and office uses subject to a site plan and eight (8) conditions; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Kelly, Kinnison, Marez, Noyola, and Scott, voting
"Aye"; Garcia abstained.
Mayor Garrett referred to Item 12, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 0505-05, Oak Properties: A change of zoning from an "A-1" Apartment House
District to a "R -1B" One -family Dwelling District. The property is 19.96 acres out of Flour
Bluff and Encinal Farm and Garden Tracts, Section 48, Lots 31 and 32, located along the
northeast corner of Flour Bluff Drive and Don Patricio Road.
City Secretary Chapa said the Planning Commission and staff recommended the approval of
an "R -1B" One -family Dwelling District as submitted.
No one spoke in opposition to the zoning change. Mr. Scott made a motion to close the
public hearing, seconded by Mr. Chesney, and passed. City Secretary Chapa polled the Council for
their votes as follows:
12. ORDINANCE NO. 026312
Amending the Zoning Ordinance, upon application by Oak Properties, by changing the
zoning map in reference to being 19.96 acres out of Flour Bluff and Encinal Farm and
Garden Tracts, Section 48, Lots 31 and 32, from "A-1" Apartment House District to "R -1B"
One -family Dwelling District; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye".
* * * * * * * * * * * * *
Mayor Garrett opened discussion on Item 13 regarding parking prohibitions on designated
streets near the arena and Whataburger Field (north of IH -37). Assistant City Manager Massey
stated that the Council authorized the city's traffic engineer to temporarily restrict parking in this area
to facilitate the traffic flow and address parking needs in this area. He said staff was now proposing
Minutes - Regular Council Meeting
June 21, 2005 - Page 6
that a number of these parking restrictions become permanent, and thus was requesting amendments
to the city's ordinance governing parking prohibitions.
City Engineer Angel Escobar explained city staff, in conjunction with management officials
from the American Bank Center, Old Concrete Street Amphitheater, the Port of Corpus Christi, and
Whataburger Field, had developed a comprehensive traffic control plan to minimize traffic
congestion and traffic hazards for the public attending the special events occurring in the area north
of IH -37. As part of the overall traffic control planning process, he said parking restrictions were
being recommended on portions of East Port Avenue, Hirsch Street, Sam Rankin Street, Brewster
Street, North Tancahua, North Mesquite Street, and North Chaparral Street as follows:
l . East Port Avenue, north side, from North Mesquite Street to a point 522 feet east of Sam
Rankin Street; south side, from North Mesquite Street to Sam Rankin Street.
?. Sam Rankin Street, both sides, from East Port Avenue to Brewster Street.
3. Brewster Street, both sides, from North Chaparral Street to Sam Rankin Street.
4. North Tancahua Street, both sides, from East Port Avenue to U.S. 181.
5. East Hirsch Street, both sides, from North Mesquite to North Chaparral Street.
6. North Chaparral Street, both sides, from U.S. 181 to I.H. 37
7. North Mesquite Street, both sides from U.S. 181 to I.H. 37 (between 5:30 p.m. and 2:00
a.m.)
8. East Port Avenue, north side, from Sam Rankin Street to a point 522 feet east (from 5:30
p.m. to 2:00 a.m.)
Mr. Noyola asked why staff was restricting parking on Brewster Street, because he had never
seen a problem with through traffic in this area when events were taking place at the arena and
baseball stadium. Mr. Escobar replied there were still problems when people tried to exit by moving
the barricades and then entering the flow of traffic in that area. Mr. Noyola said most people leave
the Whataburger Field parking lot and exit on Port Avenue. Mr. Escobar replied throughout the last
two weeks, staff had done daily spot checks to check the public's use of side street parking. They
concluded there was very little use of side street parking, and it had not caused a problem. He also
said staff had not heard any complaints during the temporary parking restriction period. Mr. Noyola
spoke in favor of allowing side street parking on Brewster Street for those individuals who did not
want to pay for parking at the baseball stadium.
Mr. Noyola also asked if the area on North Mesquite Street was residential. Mr. Escobar
replied affirmatively, saying the area was not zoned for residential use, but there were residences in
that location. Mr. Noyola asked if the city had the right to tell a homeowner that they could not park
in front of their home. Mr. Escobar replied affirmatively, but said staff had done a study to see if
residents could use off-street parking (e.g. driveways) or possible use of side street parking (e.g.
Palo Alto Street or Resaca Street). In addition, he said the city conducted a public hearing at the
Transportation Advisory Committee meeting on May 23, 2005. Staff sent out 109 notices to affected
property owners, but only one individual, Ms. Beverly Randolph of 1319 Chaparral, attended. Ms.
Randolph felt she would be adversely affected by the proposed parking restrictions. Mr. Escobar
stated she would be losing one parking space in front of her home as a result of the parking
restrictions. He noted, however, that she did have off street parking that could accommodate three
vehicles.
Minutes - Regular Council Meeting
June 21, 2005 - Page 7
Mr. Noyola was concerned about establishing parking restrictions in front of people's homes
or businesses because it would inconvenience them. He said the low turnout for the public hearing
was not always indicative of public opinion on an issue. Mr. Garcia agreed with Mr. Noyola's
concern about residential areas, cautioning staff against drawing final conclusions from the low
turnout at the public hearing. Mr. Escobar replied the main reason staff was recommending the
parking restrictions was to promote traffic safety. He said it was unsafe to have people walking
between parked cars after a special event.
Mr. Scott acknowledged that the parking restrictions would affect residents in the area, but
in the end staffs recommendations seemed to serve the greater good. He also said the restrictions
should not affect area businesses because they were required to provide off-street parking.
Mr. Garcia asked if staff had any other suggestions on how to mitigate the parking restriction
effects on residences. Mr. Escobar replied staff had originally recommended no parking on N.
Mesquite at all times. However, to accommodate the residents in the area, staff developed a
compromise measure that only limited parking between the hours of 5:30 p.m. and 2:00 a.m.
Mr. Escobar reported the Transportation Advisory Committee voted unanimously in favor
of the proposed parking restrictions. He also stated the temporary parking restrictions had been in
effect since April 23, 2005, and staff had received no known complaints. In conclusion, he said staff
was recommending the approval of the parking restrictions as presented.
Mayor Garrett asked for public comment. Mr. Joe McComb stated his warehouse was
located at the corner of Power and Tancahua Streets for the last 50 years. He spoke against the
proposed parking restrictions because they adversely affected his business. He said he had made
several attempts to discuss his concerns with the engineering firms (namely Govind and Associates
and Mr. Phil Beck) and city staff in charge of the work since he first heard about the project in June,
but had been unsuccessful in having his concerns addressed . He said his property was zoned an "I-
2" Industrial District, so he did not understand why the city had installed curb, gutters, and sidewalks
along Tancahua Street. The curbs and gutter restricted his access to his four entrances on Tancahua
Street, and the city had not provided curb cuts. He asked the Council to provide his business with
some relief.
Mr. Chesney asked why the city had not provided Mr. McComb's property with curb cuts.
Mr. Escobar replied it was a safety issue, saying there was only ten feet from the easement to the
west side of Tancahua Street. He said there was insufficient room to allow a truck to back up into
the warehouse to load or unload without having the cab protrude into the street. He noted that the
east side of Mr. McComb's property, near Hwy. 181, had four doors which were much safer to
access. Mr. McComb replied that Mr. Dusty Durrill had purchased the adjoining property on the east
side and planned to barricade it off once the constructions was completed to provide more parking
for his events. Thus, his access to the east side of his property would also be hindered.
Mr. Chesney felt that the city should find a way to provide Mr. McComb with access to his building.
Mr. Noyola stated Mr. McComb should have notified the Council sooner about his concerns.
Mr. McComb replied he thought it was more appropriate to attempt to address the issue with staff
first before coming to the Council. He said he had also spoken with Mr. Ricardo Guzman in
Minutes - Regular Council Meeting
June 21, 2005 - Page 8
Engineering about the problem. Mr. Guzman acknowledged that Mr. McComb had a problem, but
they had not come to a resolution.
Mr. Garcia commented that Mr. McComb had mentioned the problem to him at a function
some time ago. He asked Mr. McComb if he had any suggestions on how to rectify the problem.
Mr. McComb replied he and Mr. Guzman had discussed the possibility of installing a drive to allow
the trucks to pull in parallel. Mr. Garcia spoke in favor of tabling this item to allow Mr. McComb
and city engineering to further negotiate the issue.
Mr. Scott commented that Mr. McComb could have come forward with his concerns sooner,
during the design phase of the project. He stated that the traffic on Tancahua Street has probably
increased since the 1950s, and while it had been acceptable to block the street while backing up
trucks previously, it probably was not safe now. Mr. Scott asked if the city were to allow Mr.
McComb's trucks to pull up parallel, then would it be acceptable if he were to block the sidewalk.
Mr. Escobar answered the city could provide a curb cut to allow the trucks to pull in or drive into
the warehouse. Mr. McComb stated he would prefer a solution that would not cost him a substantial
amount of money.
Mr. Chesney stated he thought the discussion had reached an end, and asked that Mr. Garcia
he allowed to make a motion to table the item to a date specific. Mr. Garcia made a motion to table
this item until July 12 to allow Mr. McComb and the city engineering department to extend their
negotiations, seconded by Mr. Chesney, and passed.
13.a. TABLED UNTIL JULY 12, 2005
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Minutes - Regular Council Meeting
June 21, 2005 - Page 9
* * * * * * * * * * * * *
Mayor Garrett opened discussion on Item 14, the ordinance calling a special election on
September 10, 2005 regarding the prohibition of smoking in all restaurants. City Secretary Chapa
explained these were basically the same arrangements made during last April's election. He said all
the polling places were the same, with no major changes. He noted there were a few minor changes
in the mobile voting sites, including the addition of two locations on Padre Island. During the early
voting period, Mr. Chapa stated that voting would be held from 7:00 a.m. to 7:00 p.m. on two days,
pursuant with the new election law. He stated the city needed to call the election no later than next
Tuesday; thus, staff was submitting the issue for the Council's consideration a week early to allow
time to prepare their submission to the U.S. Department of Justice.
Mayor Garrett called for public comment. Mr. James Skrobarcek expressed concern about
the proposed ballot language, saying it did not reflect the language of the petition. He said the
petition called for the repeal of the smoking prohibition ordinance, but staffs proposed language was
asking for an up or down vote on the ordinance. City Attorney Fischer replied case law did not
require the city to reflect the petition language in its ballot language; rather, the law stated the ballot
language needed to be sufficient to identify the measure fairly and to be neutral. She said the
proposed ballot language clearly identified the ordinance number to eliminate any confusion.
Mr. Abel Alonzo, 1701 Thames, asked if all the polling places were in public places. Mr.
Chapa replied all the election day polling places were accessible to the public, but they were not all
in public places; a few polling places were located in restaurants. Mr. Alonzo stated he thought it
was essential that all the polling places be located in public places to ensure access for people with
disabilities. In response to Mr. Chesney's question, Mr. Chapa replied there were several places in
the city where there were no public facilities available, so staff had to go with what was available.
Mr. Chapa further stated all the city's selected polling places were based on the county's selections.
The county was charged with determining whether all the facilities were accessible to people with
disabilities. As far as staff knew, all the polling sites were accessible with the exception of Hilltop
Community Center. He said staff was recently informed the Hilltop facility itself was accessible,
but the room in which voting was held was too small to be accessible. Mr. Chapa said staff had
discussed possibly relocating the polling place to Northwest Senior Center in the future. The Hilltop
Community Center had been used for many years, however, and the voters in the northwest area
were accustomed to voting there. Thus, staff was hesitant to change the polling place site at this
time. Mr. Kelly agreed.
Mr. Chapa also confirmed there were four election day polling place sites that were not
public facilities, - three apartments and one restaurant, but these sites were accessible. Mr. Alonzo
asked for a list of polling place sites. Mr. Chapa said he would provide him with one.
Mr. Bill Kopecky, 3609 Topeka, and Mr. Clark James echoed Mr. Skrobarcek's concerns
about the proposed ballot language. Mr. James stated the smoking prohibition ordinance affected
facilities besides restaurants, such as private clubs and the racetrack.
Ms. Crystal Lyons stated she and Mr. Alonzo had conducted an accessibility assessment of
ten random polling places. Of those ten sites, only one was completely ADA accessible. She said
Minutes - Regular Council Meeting
June 21, 2005 - Page 10
because the county had used the same sites for 20 years, it was a good reason to review the sites. She
said the county did not verify the accessibility of polling places. She said the Human Relations
department and the Committee for Persons with Disabilities was trying to have the city conduct some
type of evaluation.
In response to Mr. Chesney's question, Mr. Chapa said there were close to 40 election day
polling sites. Mr. Chesney said of the 40 sites, it appeared one of the sites was not accessible,
Hilltop Community Center. He asked if the Council could vote on the ordinance as presented now,
and then if Mr. Alonzo and Ms. Lyons found there were problems with other sites, could changes
be made next week. Mr. Chapa replied the city's U.S. Department of Justice submission was due
next week after Tuesdays Council meeting, so changes to the ordinance could be made.
Mr. Kelly asked Ms. Lyons what was wrong with the Hilltop Community Center in her
assessment. Ms. Lyons replied it was one of the worst sites she surveyed. She said there was no
accessible parking and there was limited public transportation to the site, but did not provide any
more specifics. She said she had a detailed assessment she could show him. Mr. Kelly expressed
concern about changing the polling place site in the northwest area because it would lead to a loss
of voters since they would not know where to vote. Ms. Lyons stated the city had been asked to
conduct an evaluation of the polling places, but the burden was always placed on the county. She
said there were problems with the polling places.
Mayor Garrett stated staff would look at all the polling places to ensure that they were
accessible to people with disabilities. If some sites were not accessible, then he said the Council
would tweak the ordinance.
Mr. Marez spoke in favor of the proposed ballot language, saying he thought it was clear, fair
and neutral.
Mr. Craig Smalley, 5728 Leopard, asked if it was possible for the Council to rescind the
smoking prohibition ordinance rather than take the issue to a vote. City Attorney Fischer replied
negatively, saying the Council had decided months ago to move forward with an election rather than
rescind the ordinance. Mr. Smalley spoke against the language of the proposed smoking prohibition
ordinance.
Mr. Skrobarcek stated the proposed ballot language was not neutral but misleading. He said
the implementation of the smoking prohibition ordinance affected more than restaurants, such as the
racetrack.
Mr. Chesney stated the intent of the smoking prohibition ordinance was to prohibit smoking
in restaurants. He said the ballot language was stated as simply and unambiguously as possible.
Mr. Noyola spoke in favor of the proposed ballot language. City Secretary Chapa polled the
Council for their votes as follows:
Minutes - Regular Council Meeting
June 21, 2005 - Page I 1
14. ORDINANCE NO. 026305
Ordinance ordering a Special Election to be held on September 10, 2005, in the City of
Corpus Christi on the question of prohibiting all smoking inside restaurants; providing for
procedures for holding such election; providing for notice of election and publication thereof;
providing for establishment of branch early polling places; designating polling place
locations; authorizing the City Secretary to contract with the Nueces County Election Officer
for equipment, supplies, and printing necessary to conduct the election; enacting provisions
incident and relating to the subject and purpose of this ordinance.
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 the presentations on the day's agenda. The first presentation was
a quarterly report from the Corpus Christi Regional Economic Development Corporation (EDC).
Assistant City Manager Massey commented that this would be EDC President and CEO Ron
Kitchens' last presentation to the Council.
Mr. Kitchens updated the Council on the attendance rates of Whataburger Field. He said
Whataburger Field was ranked eighth highest in the nation for attendance, despite the fact the team
had played fewer games than all but two of the clubs above them. In addition, he said the Corpus
Christi market was much smaller than the other stadiums in the Top10 for attendance.
Mr. Kitchens mentioned several articles in which the city was featured for its affordability
and low average home price, and was named one of the best places to live on the coast in the United
States.
Mr. Kitchens also reported on the creation of 240 more jobs at APAC. He noted the
company was uncertain whether it could expand in the future because there were not enough high
school graduates in the area. He stressed the importance of education to the area's workforce. He
also briefly mentioned the status of the PDAXX project, a joint venture with the Port of Corpus
Christi Authority, and the McTurbine project.
Mr. Kitchens announced that next Wednesday, Mr. Joel Cotkin, a college professor who
writes for the Los Angeles Times and Money Magazine, would be speaking regarding the importance
of a "sense of place" to a growing community.
Mr. Kitchens introduced the new President and CEO of the EDC, Mr. Roland Mauer. He
said the EDC had conducted a national search for a certified economic developer to serve as the new
President and CEO. The EDC's Executive Committee reviewed the applicants, and Mr. Mauer was
their choice. He had previously served as the President and CEO of the Research Valley Partnership
in Bryan/College Station, TX. Mr. Mauer thanked the Council and told them he looked forward to
the challenge and the opportunity to work with the City Council.
Minutes - Regular Council Meeting
June 21, 2005 - Page 12
Mr. Scott thanked Mr. Kitchens for his service. He spoke in support of the PDAXX project,
and pledged the city's support to help bring the project in. Mayor Garrett also pledged his support
for the project. Mr. Scott also welcomed Mr. Mauer.
Mr. Noyola thanked Mr. Kitchens for his service. He congratulated Mr. Mauer and
welcomed him to Corpus Christi.
* * * * * * * * * * * * *
Mayor Garrett called for a brief recess to present proclamations and conduct a swearing-in
ceremony.
* * * * * * * * * * * * *
The Council returned from recess, and Mayor Garrett called for petitions from the audience.
Mr. Wayne Hodge asked how many police cadets were confirmed for the next police academy.
Police Chief Pete Alvarez replied there 30 cadets confirmed for the August 7 academy, and an
additional 15 cadets would be selected for another academy in February 2006, bringing the total
number of cadets to 45. Chief Alvarez stated, however, the Police Department would need to take
into account the attrition rate, which was anticipated to be 18 officers next year. Mr. Garcia asked
if the attrition rate was accounted for in the budget. Assistant City Manager Martinez answered
affirmatively.
Mr. Hodge also requested that the city continue to conduct back-to-back academies to
increase the number of police officers on the force. Finally, Mr. Hodge asked the city to consider
naming the police academies in honor of the late Officer John Messer.
Ms. Elizabeth Armadillo, 2718 Antelope, and Ms. Tammy Castillo, 54171/2 Eden Lane, spoke
against the $1 fee the city was charging summer participants at the Ben Garza and T.C. Ayers
Recreation Centers, saying it was excessive. Director of Parks and Recreation Sally Gavlik stated
this was the second year the fee had been implemented, and the proceeds were used to fund summer
programs. She said she had not heard any complaints about the fee except from these two ladies.
Ms. Armadillo contended that the recreation centers were turning away 80 to 100 participants
because of the fee, which Ms. Gavlik disputed. Mayor Garrett asked staff to look into the matter.
* * * * * * * * * * * * *
Mayor Garrett called for another brief recess.
* * * * * * * * * * * * *
The Council returned from recess. Mayor Garrett referred to Item 16, a presentation on the
re -use of the Memorial Coliseum. Assistant City Manager Oscar Martinez presented a draft Request
for Qualifications (RFQ) that staff was considering for the coliseum re -use project. He said the goal
was to identify any interested parties or their agents who may be capable of brokering an agreement
Minutes - Regular Council Meeting
June 21, 2005 - Page 13
with one or more developers to propose and implement a coliseum re -use and rehabilitation project.
Mr. Martinez reported that a 2003 study commissioned by the city determined that the
coliseum facility was structurally sound; and that rehabilitation and re -use was a cost-effective
option.
Mr. Martinez provided brief background on the facility. The facility is approximately 50
years old and contains approximately 73,500 square feet of total space. There were 2,615 permanent
seats available with the potential of approximately 5,300 seating capacity using movable chairs in
the arena area. Mr. Martinez also briefly reviewed a slide of the floor plan. He noted the building
was located on approximately 8 acres of land including parking, and was located in relatively close
proximity to the American Bank Center, Whataburger Field, and the downtown area, among other
facilities. Finally, Mr. Martinez emphasized any development proposal must be in accordance with
the Bayfront Master Plan.
Mr. Martinez discussed the RFQ selection process. He said after the city analyzed the RFQ
submittals, a Request for Proposals (RFP) would be issued to selected developers and agents. In
Stage 1, he said the city would assess the following criteria: the responsiveness to the RFQ; review
information in the submittal; contact companies for references and other data; and assess companies's
demonstrated knowledge and development experience. In Stage 2, he said the city would issue an
RFP from the short-listed firms; and assess qualifications and competence of company to perform
required services. Finally, in Stage 3, he said the city would enter into negotiations with the selected
company.
In conclusion, Mr. Martinez reviewed the preliminary schedule as follows: July 1, 2005 -
RFQ available for distribution; July 8, 2005 - pre -submission conference; July 31, 2005 - deadline
for receipt of qualified statement; August 2005 - selection of finalists; September 1, 2005 -
interviews completed; September 21, 2005 - final selection; and October 31, 2005 - negotiation of
agreement.
Mr. Kinnison asked how this process differed from what the EDC used when they looked for
possible developers for the re -use of the coliseum or the site. Mr. Martinez replied to his knowledge
the EDC's process was not as formalized, and this process would be more broadly advertised. He
said the city would be targeting a specific group because they had already expressed interest. Mr.
Kinnison asked him to name the group. Mr. Martinez replied several groups had expressed interest
through the EDC. Mr. Kinnison asked Mr. Martinez to provide the list of the interested groups.
Mr. Kinnison asked Mr. Martinez to provide information on the surrounding property in the
packet so potential developers could incorporate this land into the project if desired.
Mr. Kinnison asked if staff had considered making the proposal more specific to convey the
Council's vision regarding the coliseum re -use. Mr. Martinez replied negatively, but said the city
could provide direction during the process of desirable outcomes for the re -use or rehabilitation of
the arena. In response to Mr. Kinnison's questions, he said the RFQ would be publicized in trade
periodicals and public notices in newspapers and also engage the EDC in disseminating the
information.
Minutes - Regular Council Meeting
June 21, 2005 - Page 14
Mr. Scott commented staff had put this proposal together in response to the Council's
direction in the Council Retreat to resolve the coliseum re -use issue by the end of the year. He
expressed concern that the proposed time line was too tight. He said it might be preferable to allow
companies 90 days to develop and submit a proposal. He also advocated a national search for
developers. Finally, Mr. Scott asked that staff involve the EDC in the process.
Mr. Noyola stated he would like the Council to be involved in the review of the proposals
and be involved in the selection process. He wanted the Council to be held accountable for the
decision process, rather than staff. Mr. Chesney did not support this idea.
Mr. Kinnison also asked staff to include the EDC in the process. Mayor Garrett commented
that he did not want the city to unnecessarily delay a decision on the potential coliseum re -use.
* * * * * * * * * *
*
**
Mayor Garrett referred to Item 17, an overview of the proposed FY 2005-2006 budgets for
the enterprise funds. Assistant City Manager Oscar Martinez explained the enterprise funds were
comprised of funds operated more like private enterprises. These funds are as follows: airport,
water, gas, golf centers, marina, and wastewater. He noted that the ambulance fund was no longer
an enterprise fund because it was incorporated into the general fund. He said water, gas, and
wastewater comprised 93 percent of all enterprise funds. To gauge the size of each department, he
provided information on the number of full-time equivalents (FTEs) in the following departments:
airport - 94 FTEs; the water department - 237 FTEs; golf centers - 22 FTEs; gas - 150 FTEs; and
marina - 17 FTEs; wastewater - 177 FTEs. He noted that four of the departments experienced
decreases in their staffing levels this fiscal year.
Mr. Martinez briefly discussed the combined utility system revenues. In FY 2005, projected
revenues were $148.4 million, and in FY 2006, projected revenues were $162.4 million. He stated
that this represented a 9.4 percent increase, but $5.7 million of that increase was tied to the rise in
natural gas costs. The rest of the $14 million increase was due to customer base growth as the
number of homes and businesses continued to expand. In addition, Mr. Martinez mentioned the
proposed FY 2005-06 utility rate adjustment of 5.75 percent to cover costs for the approved bond
projects.
Mr. Martinez briefly reviewed the Capital Improvement Plan (CIP) the Council passed in
March. The short-range plan covered a three-year period, and would be funded with the one year
rate increase to begin next year. Regarding the gas department, he said the major project was the Gas
Automated Meter Reading Program, at a projected cost of $3 million over the next three years. In
FY 2005-06, $1 million was being budgeted for the automated meter reading program.
Regarding the storm water short-range CIP, there was $5,638,000 budgeted to cover utility
relocation costs. He highlighted the costs of several large projects, such as the Lindale Area
Drainage Project ($3.9 million), the Downtown Drainage Project, McNorton Channel Improvements
($2.3 million), and the WillowBrawner Parkway Proctor Channel Outfall ($4.2 million). Mr. Scott
asked for a status on the Rodd Field Industrial Area Drainage Improvement project. Mr. Massey
replied the project was still on-going, and the city was trying to get the powers of attorney from the
Minutes - Regular Council Meeting
June 21, 2005 - Page 15
property owners. In response to Mr. Scott's question, Mr. Massey said the city had budgeted for the
project, but would not spend any funds until the project was online.
Regarding the wastewater short-range CIP, there was $749,500 budgeted in utility relocation
costs in FY 2005-06. He highlighted a number of major projects, such as the Oso Plant
Structural/Process Upgrade ($3.4 million); Oso Electrical Facilities Upgrade ($3.6 million); and the
new Broadway Plant and Diversion project ($5 million).
Regarding the water short-range CIP, Mr. Martinez stated there was $1.5 million budgeted
for utility relocation costs in FY 2005-06. He highlighted a number of major projects, including the
Southside Transmission Main ($18.2 million), the Automated Meter Reading Program ($4.3
million), and the O.N. Stevens Plant ($8.3 million). Council members asked questions about the
Automated Meter Reading (AMR) Program and the Padre Island Aquifer Storage Reservoir project.
In answer to Mr. Noyola and Mr. Kinnison's concerns, Mr. Massey stated staff would be providing
an update on the AMR/Wi-Fi program next week.
Mr. Martinez discussed the projected expenditures for the Combined Utility System,
comprised of the gas, water, and wastewater departments. Unlike the general fund, he pointed out
that the major costs in this budget were for material and supplies, and capital improvement projects;
personnel services was only 16 percent. By contrast, the general fund's personnel costs comprised
71 percent of expenditures.
Regarding the water fund, Mr. Martinez noted their customer base had increased since 2002.
Water consumption was projected to increase in 2005 from approximately 33 billion to 35 billion
gallons of water consumed.
Mr. Martinez discussed the key issues and major strategies and priorities of the following
fund expenditures: water, gas, and wastewater. He also briefly mentioned the customer bases for the
gas and wastewater departments. Council members asked questions about the large number of
disconnect fees for delinquent water accounts.
Mr. Martinez covered the proposed budget for the marina fund. In FY 2005, marina revenues
were projected to be $1.3 million, and $1.5 million in FY 2006. He noted a 12.3 percent increase
in revenues was projected primarily due to anticipated slip rental increases and rate increases to fund
the additional boat slips. Mr. Martinez then discussed the key issues and major strategies and
priorities regarding marina expenditures.
Mr. Martinez discussed the golf centers fund. He said in FY 2005, golf center revenues were
projected at $1.949 million and $1.946 million in FY 2006. The largest drivers of revenues in this
fund were the green fees and the golf cart rentals. He noted that the number of rounds played
continued to decrease, but recent reports show that rounds played in the most recent months are
exceeding the rounds played last year at this time. Mr. Martinez then discussed the key issues and
major strategies and priorities regarding golf fund expenditures.
Finally, Mr. Martinez discussed the airport fund. In FY 2005, revenues were estimated at
$8.2 million and $8.4 million in FY 2006, an increase of about 3 percent. Unlike the other enterprise
Minutes - Regular Council Meeting
June 21, 2005 - Page 16
funds, he said the revenues for this fund were diversified. He noted that passenger enplanements had
increased since 2003, a very positive trend. He then discussed key issues and major strategies and
priorities regarding airport fund expenditures. Council members asked for the status of repairs on
Runway 1331, saying that had received reports that its condition was adversely affecting small
planes.
In conclusion, Mr. Martinez covered the balance of the budget schedule as follows: June 28 -
special revenue, internal service, and debt service funds overview; July 12 - public hearing; and July
19 and July 26 - first and second reading of budget adoption ordinance.
* * * * * * * * * * * * *
Mayor Garrett called for the City Manager's report. Assistant City Manager Massey reported
the Texas State Legislature had called a 30 -day special session, which began today and ended on July
20, primarily to discuss education funding. Other legislative issues being considered at Governor
Perry's behest, however, were local property tax compression and local approval of property tax
rates. This action could produce bills that would substantially lower the rollback rate and greatly
reduce the number of signatures required for petitions calling for a rollback election. He said Mr.
Tom Utter, Special Assistant to the City Manager, also reported there was some effort to open the
session to telecommunications issues.
Mr. Massey reported the next Neighborhood Pride Meeting would be held today at 6:00 p.m.
at the Oso Recreation Center for residents in the area bordered by Whitaker, McArdle, and Rickey.
Mr. Massey referred to a memo detailing upcoming changes to the traffic patterns along
Shoreline Boulevard. The changes would open up more the lanes adjacent to the seawall on
Shoreline Boulevard (Schatzell to IH -37); and divert traffic one-way southbound on Water Street
due to box work on Water and Kinney Streets near U & I Restaurant. Mayor Garrett questioned
whether this plan was a good idea. Mr. Massey replied the downtown drainage project and seawall
projects complicated the plan, so there was no other option.
Mayor Garrett called for Council concerns and reports. Mr. Noyola asked for the status of
his request regarding civil injunctions issued against gang members. City Attorney Fischer replied
a report was included in the Council's packets. She said she would provide him with another copy.
Mr. Scott spoke regarding the future TxDOT improvements to the Harbor Bridge, saying the
city should pursue federal assistance to ensure a signature project. He also asked if the
improvements to Whitecap Boulevard included sidewalks or a hike and bike trail. He noted
approximately 200 residents had signed a petition in support. Mr. Massey replied he understood the
city was seeking additional funding to try to accommodate this where possible. Mr. Scott and Mr.
Garcia stated City Manager Noe had previously committed to adding a sidewalk with curb cuts. Mr.
Massey said he would verify this with Mr. Noe upon his return. Mayor Garrett asked for a time line
on the project. City Engineer Escobar replied the project was scheduled to run from February 2006
through August 2006.
Minutes - Regular Council Meeting
June 21, 2005 - Page 17
Mr. Garcia spoke regarding a city job growth attraction team headed by Mr. Noe. He asked
if the team was working with the EDC. Assistant City Manager Martinez replied affirmatively. Mr.
Garcia asked if the Council would be allowed to have input on the team. Mr. Massey replied that
normally, staff would be providing progress reports and then would submit their recommendations
to the Council for their input.
Mr. Garcia also asked questions about a memorandum regarding foreclosed properties.
Assistant City Manager Margie Rose replied staff wished to inform the Council that a number of
properties met the city's criteria for the in -fill lot program. As a result, they were pulled from the
property resale list.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 2:10 p.m. on June 21, 2005.
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