HomeMy WebLinkAboutMinutes City Council - 01/17/20061 1IEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the
Regular Meeting of the Corpus Christi City Council of January 17. 2006, which were approved by
the City Council on February 14. 2006.
WITNESSETH MY HAND AND SEAL. on this the 14th day of February, 2006.
Armando Chapa
City Secretary
S E A 1
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Bill Kelly
Council Members:
Brent Chesney
Melody Cooper
Jerry Garcia
Rex Kinnison
John E. Marez
Jesse Noyola
Mark Scott
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Meeting
January 17, 2006 —10:00 a.m.
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 Reverend E.F. Bennett and the Pledge of Allegiance to
the United States flag was led by Council Member Chesney.
Mayor Garrett called for approval of the minutes of the regular Council meeting of
January 10, 2006. A motion was made, seconded, and passed to approve the minutes as
presented
* * * * * * * * * * * * *
Mayor Garrett called for consideration of the consent agenda (Items 2-10). Mr. Abel
Alonzo, 1701 Thames, requested that Item 5 be pulled for individual consideration. Council
members requested that Items 3 and 7 be pulled for individual consideration. A motion was
made, seconded, and passed to approve Items 2 through 10, constituting the consent agenda,
except for Items 3, 5, and 7, which were pulled for individual consideration. City Secretary
Chapa polled the Council for their votes as follows:
2 MOTION NO. 2006-005
Motion approving the purchase of one truck mounted excavator from Waukesha Pearce
Industries, of Corpus Christi, Texas in accordance with Bid Invitation No. BI -0074-06,
based on only bid for the total amount of $248,840. This unit is purchased for the Storm
Water Department and is a replacement to the fleet. Funding is available in the Capital
Outlay Budget of the Maintenance Services Fund.
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
January 17. 2006 - Page 2
RESOLUTION NO. 026606
Resolution authorizing the City Manager or his designee to submit a grant application to
the Texas Parks and Wildlife Department in the amount of $30,000 to operate the
Community Outdoor Outreach Program (CO-OP), an outdoor recreation program for
youth participating in the City's summer program.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
MOTION NO. 2006-007
Motion authorizing the City Manager or his designee to execute Amendment No. 12 to
the Contract for Professional Services with Shiner Moseley, of Corpus Christi, Texas in
the amount of $390,700 subject to availability of funds, to the Cefe Valenzuela Landfill
for a Solid Waste Citizen Collection Center and Transfer Station at the J. C. Elliott
Landfill.
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. 2006-009
Motion authorizing the City Manager to execute a Deferment Agreement with Peacock
Properties, (Developer), in the amount of $74,578.90 for the installation of 1,242 linear
feet of off-site, 8 -inch PVC sanitary sewer collection line to serve Chris -Rae Addition,
Block 1, Lots 6 and 7, located south of SH 358 (South Padre Island Drive) and west of
Rodd Field Road. in accordance with the Platting Ordinance Section V -Required
Improvements, Subsection A.3.(b).
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
MOTION NO. 2006-010
Motion approving the Developer/Owner Agreement with Brighton Park Baptist Church,
developer of Brighton Park Baptist Church Lot 1, Subdivision, located south of Brooke
Road and east of Airline Road to secure the construction of an 8 -inch and 12 -inch water
line infrastructure requirement.
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
January 17. 2006 — Page 3
10. ORDINANCE NO. 026609
Amending the Corpus Christi Code of Ordinances, Chapter 57, Vehicles for Hire, Section
57-254, Maximum Auto Wrecker Service and Storage fees, providing for fee increases,
changing the term "preservation fee" to "impoundment fee" and using "longer that 25
feet" as a trigger to charge large vehicle daily storage fees; all changes of which conform
to controlling state law; and providing for penalties. (First Reading 01/10/06)
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 opened discussion on Item 5 regarding a grant to cover administrative
expenses for the Regional Health Awareness Board. Mr. Abel Alonzo, 1701 Thames, thanked
the Port of Corpus Christi for contributing the grant funding, and he asked for the Council's
approval. City Secretary Chapa polled the Council for their votes as follows:
5.a. RESOLUTION NO. 026607
Resolution authorizing the City Manager or his designee on behalf of the Regional
Health Awareness Board, to accept a grant from Port Industries of Corpus Christi in the
amount of $26,250 for administrative expenses related to operation of the Board.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
5 . b. ORDINANCE NO. 026608
Ordinance appropriating a grant on behalf of the Regional Health Awareness Board in
the amount of $26,250 from Port Industries of Corpus Christi in the No. 1066 Health
Grants Fund for administrative expenses related to operation of the Board.
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 3 regarding supply agreements for a variety of
canned and frozen goods for the Senior Community Services' meal program. Mr. Noyola noted
that LaBatt Food Service and PFG, the two companies that were awarded the bids, appeared to
have bid for the same items. He asked why one company wasn't awarded the total bid. Mr.
Mike Barrera, procurement and general services manager, replied that six or seven companies
bid for the items, and the city was required by law to award to the lowest bidder. Consequently,
staff could not recommend award to one company. He explained that the bid tab had
approximately 200 lines, with each category of canned or frozen goods divided into many
subcategories. The canned fruit category, for example, was comprised of many subcategories,
such as canned pears, canned peaches). Subsequently LaBatt Food Service may have been
awarded some of the items in the subcategories, while PFG was awarded others; thus, they
were not awarded the same items. City Secretary Chapa polled the Council for their votes as
follows
Minutes — Regular Council Meeting
January 17 2006 — Page 4
MOTION NO. 2006-006
Motion approving supply agreements with the following companies for the following
amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No.
CBCOG-06-1 for food items which include canned and frozen fruit and vegetables,
meats and condiments for an estimated six-month expenditure of $100,959.33. The
terms of the contracts shall be for six months with an option to extend for up to three
additional months, subject to the approval of the Coastal Bend Council of Governments,
the suppliers and the City Manager or his designee. Funds have been requested by
Senior Community Services in FY 2005-2006
LaBatt Food Service PFG
Corpus Christi, TX Victoria, TX
131 Items 85 Items
$46,295.78 $54,663.55
Grand Total: $100,959.33
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 opened discussion on Item 7 regarding the Corpus Christi Ship Channel
Water and Wastewater Utility Crossing project. Mr. Kelly commented that as the city searched
for a new wastewater treatment facility site, the Hillcrest neighborhood was requesting that the
city consider sites that were north of the channel. If the Council decided on a site north of the
channel, he felt the city could save money by consolidating the channel dredging with a
wastewater treatment facility moving water from south to north. He asked if this was a possible
option. City Engineer Angel Escobar replied negatively, explaining that the purpose of the ship
channel project was to increase the channel depth to accommodate the future dredging; to
install two wastewater lines moving wastewater from north to south; and to install two new water
lines. The size of the directional boring in the ship channel project would be insufficient for
wastewater lines moving water from south to north, which required two 30 -inch diameter lines.
Mr. Kelly asked if the city decided to build north of the channel, would there be a need to bring
wastewater from the North Beach area to the south. Mr. Escobar answered affirmatively, but
pointed out that the existing lift station on Resaca and Sam Rankin could pump the water to the
treatment plant for that area more efficiently. City Secretary Chapa polled the Council for their
votes as follows:
7 MOTION NO. 2006-008
Motion authorizing the City Manager or his designee to execute Change Order No. 3 to a
construction contract with Akerman Construction, of Purcell, Oklahoma in the amount of
$139,000 for the Corpus Christi Ship Channel Water and Wastewater Utility Crossing
Project Base Bid One for the relocation of the entry point.
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 deviated from the agenda, and opened discussion on Item 16 regarding
flexible -fuel plug-in hybrid vehicles. Mr. Juan Garza, general manager for Austin Energy,
Minutes — Regular Council Meeting
January 17, 2006 — Page 5
briefed the Council on a City of Austin initiative encouraging automobile manufacturers to
produce and sell flexible -fuel plug-in hybrid vehicles to fleet operators and the public. The so-
called Austin initiative was being launched next week in Washington, D.C.
Mr. Garza discussed the importance of alternative -fuel vehicles as transportation options
because of economic, environmental, and national security concerns. He said electricity
seemed to be the most viable alternative to petroleum that was currently available,. The cost of
a "gallon" of electricity, for example, was approximately 25 cents, compared with $2.50 per
gallon of gasoline.
Mr Garza noted that there were a number of gasoline -electric hybrid vehicles available
on the market today which both reduce emissions and improve fuel efficiency in city driving such
as the Toyota Prius and the Honda Civic. Hybrid vehicles combined an internal combustion
engine followed by an electric motor powered by a battery system. The power inverter module
allowed the battery to recharge when the car slowed down or braked; thus, this type of vehicle
was more efficient for city driving as opposed to highway driving. The flexible -fuel plug-in hybrid
vehicle, however, could be plugged into a charging device when not in use, increasing the
available battery power. This would improve on emission reductions and fuel efficiency during
daily driving activities.
Mr. Garza said the goal was to engineer a vehicle with a battery that could run on 100
percent electricity for a minimum of 30 miles, noting that fifty percent of all daily work commutes
were less than thirty miles. On the other hand, if one wished to travel to San Antonio, the car
would convert automatically to gasoline -power.
Mr. Garza stated that currently, the automobile industry was not producing vehicles with
this advanced capability. Even though the technology was available. The upgrade would be
costly for most manufacturers, so they would need some indication that there was a market for
these vehicles. Consequently, he said the City of Austin established this program to obtain
endorsements from local governments and other fleet users in support of flexible -fuel plug-in
hybrid vehicles. Mr. Garza said Council's approval of the proposed resolution would support a
national campaign to encourage development and production of flexible -fuel plug-in hybrid
vehicles.
Mr Garza described the City of Austin's program in more detail. First, he said they
collected 10,000 signatures from residents in support of the initiative. Second, Austin Energy
was prepared to offer energy rebates to purchasers of flexible fuel plug-in hybrid vehicles.
Third, the City of Austin and other local government and businesses had joined forces to
promote the initiative. Finally, he said the City of Austin was attempting to obtain petitions and
endorsements from businesses, environmentalists, and other interested parties.
Mr Garza stated the City of Austin planned a kick-off campaign on January 24, 2006 in
the National Press Club, Washington D.C. He said supporters from cities, public utilities, and
private sector companies would join Austin Mayor Will Wynn at the event.
In response to Mayor Garrett's question, Mr. Garza stated that the public transportation
sector had requested a special plug-in that could fully charge a battery in an hour and a half.
Otherwise. the vehicle would charge overnight at any 120 -volt outlet.
In response to Mr. Scott's question, Mr. Garza replied Austin Energy was a corporation
fully owned by the City of Austin that generated and sold electricity to city residents for a profit.
Mr. Scott asked why the proposed resolution was specifically endorsing flexible -fuel plug-in
Minutes - Regular Council Meeting
January 17 2006 - Page 6
vehicles rather than hybrid vehicles in general. Mr. Garza replied that the national campaign
was focusing on the flexible -fuel plug-in vehicles because automakers were not currently
manufacturing them, and the City of Austin felt the plug-in vehicles were technologically superior
to the gasoline -electric hybrids in production. Mr. Scott felt that any type of hybrid vehicle
should be encouraged, and resisted the attempt to focus solely on flexible -fuel, plug-in hybrid
vehicles. He pointed out that vehicles were the major cause of pollution, so he felt the
governments should provide incentives to move toward all hybrid vehicles. City Manager Noe
replied that the city's Air Quality Committee, headed by Mr. Bill Hennings, was also investigating
alternative fuel initiatives, and he proposed scheduling a report for the Council. Mr. Scott spoke
in support of scheduling a report.
Mr Garcia asked Mr. Garza if he planned to hold any orientations to inform the public
about the advantages of hybrid vehicles. Mr. Garza replied he could make those arrangements.
Mr. Garcia also pointed out the federal energy bill offered incentives for all hybrid vehicles.
Mayor Garrett asked for public comment. Mr. Abel Alonzo spoke in support of hybrid
vehicles, saying that electric wheelchairs had been using the technology for years. City
Secretary Chapa polled the Council for their votes as follows:
16. RESOLUTION NO. 026615
Resolution directing the City Manager to develop a program to encourage the future
purchase of flexible -fuel plug-in hybrid vehicles for City fleet orders; commit the City to
support state, and federal policies that will promote flexible -fuel plug-in hybrid vehicles;
and work with other local governments, education, business, and the environmental
community to encourage the manufacture and purchase of flexible -fuel plug-in hybrid
vehicles.
The foregoing resolution 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 11, and a motion was made, seconded, and passed to
open the public hearing on the following zoning case:
Case No. 1205-01, Sharon Gilleland: A change of zoning from a "R -1B" One -family
Dwelling District to an "AB" Professional Office District. The property is in the Del Monte
Subdivision, Block 5, Lot 13, located at the northwest corner of the intersection of Santa
Fe and Indiana Avenue.
City Secretary Chapa stated that the Planning Commission and staff recommended
denial of an "AB" Professional Office District and in lieu thereof, approval of a "R-2" Multiple
Dwelling District
No one spoke in opposition to the zoning change. Mr. Garcia made a motion to close
the public hearing, seconded by Mr. Scott, and passed. City Secretary Chapa polled the
Council for their votes as follows:
Minutes — Regular Council Meeting
January 17, 2006 — Page 7
11. ORDINANCE NO. 026610
Amending the Zoning Ordinance, upon application by Sharon Gilleland by changing the
zoning map in reference to .14 acres out of Del Monte Subdivision, Block 5, Lot 13, from
"R -1B" One -family Dwelling District to "R-2" Multiple 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 referred to Item 12, and a motion was made, seconded, and passed to
open the public hearing on the following zoning case:
Case No. 1205-02, Yorktown Oso Joint Venture: A change in zoning from a "R -1B" One -
family Dwelling District to a "R-1 C" One -family Dwelling District. The property is in
Rancho Vista Subdivision, Block 1, Lot 2, Block 2, Lots 2-14, Block 3, Lots 1-14 and
Block 5, Lots 9-20, located south of Yorktown Boulevard and 1,550 feet east of Airline
Road extension and Rodd Field Road.
City Secretary Chapa said the Planning Commission recommended the approval of a
"R -1B" One -family Dwelling District with a Special Permit on six (6) lots. Staff recommended the
approval of a "R -1C" One -family Dwelling District. Mr. Chapa said the ordinance reflected the
Planning Commission's recommendation.
Assistant Director of Development Services Michael Gunning explained that the
applicant was requesting a change in zoning from the original "R-1 B" zoning request that was
recently approved. The subdivision was developed under the "R-1 B" standard. However, there
were six lots with home built at the 20 -foot foot yard setback, similar to the homes zoned "R-1 C"
to the north of the development. He noted that the 20 -foot yard setback was the minimum front
yard set back for properties zoned "R -1C"
Mr. Gunning stated that the Planning Commission recommended denial of the "R -1C"
district and in lieu thereof approval of the "R -1B" district with a special permit on the six lots. He
said staff was recommending the "R -1C" zoning because it was consistent with the adjacent
zoning. In addition, his experience was that as this subdivision developed in the future, other
property owners in that same subdivision would also want the 20 -foot front yard set back line.
Finally, he said there was an exception to the ordinance that actually allowed individuals to build
at a front yard setback based on the average set back for that particular block. Consequently,
many of the homeowners in residences zoned "R-1 B" could appeal and ask for administrative
approval to build a 20 -foot front yard setback. In conclusion, Mr. Gunning stated that staff felt it
was best to zone the entire subdivision "R -1C".
In response to Mr. Scott's question, Mr. Gunning stated that the "R -1B" zoning allowed a
25 -foot setback.
Mayor Garrett asked for public comment. Mr. Bart Braselton, 7406 Lake Buchanan,
spoke in support of staff's recommendation.
Mr. Kinnison made a motion to amend the ordinance to reflect staff's recommendation,
seconded by Ms. Cooper, and passed.
Minutes — Regular Council Meeting
January 17 2006 — Page 8
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 amended as follows:
12. ORDINANCE NO. 026611
Amending the Zoning Ordinance, upon application by Yorktown Oso Joint Venture by
changing the zoning map in reference to Rancho Vista Subdivision, Block 2, Lot 7, 11,
12 and 13; Block 3, Lot 1; and Block 5, Lot 5, from "R -1B" One -family Dwelling District to
"R -1C" One -family Dwelling District; amending the Comprehensive Plan to account for
any deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved as
amended with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez,
Noyola, and Scott, voting "Aye"; Kelly was absent.
Mayor Garrett referred to Item 13, and a motion was made, seconded, and passed to
open the public hearing on the following zoning case:
Case No. 1205-03, Patricia Hawn Wallace, Trustee #2: A change in zoning from a "F -R"
Farm -Rural District to a "R-1 B" One -family Dwelling District. The property is 33.25 acres
out of Lots 22, 23, and 24, Section 25, Flour Bluff and Encinal Farm and Garden Tracts,
located on the south side of Yorktown Boulevard between Rodd Field Road and the
Cayo del Oso.
City Secretary Chapa stated the Planning Commission and staff recommended approval
of a "R-1 B" One -family Dwelling District.
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:
13. ORDINANCE NO. 026612
Amending the Zoning Ordinance, upon application by Patricia Hawn Wallace, Trustee #2
by changing the zoning map in reference to 33.25 acres out of Lots 22, 23, and 24,
Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from "F -R" Farm -Rural
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, Kinnison, Marez, Noyola, and
Scott, voting "Aye" Kelly was absent.
Mayor Garrett deviated from the agenda and referred to Item 15, and a motion was
made, seconded, and passed to open the public hearing on the following zoning case:
Minutes — Regular Council Meeting
January 17. 2006 — Page 9
Case No. 1105-04, Scott Mandel: A change in zoning from a "F -R" Farm -Rural District to
a "R -1B" One -family Dwelling District on Tract 1, a "R-2" Multiple Dwelling District on
Tract 2 and a "B-1" Neighborhood Business District on Tract 3. The property is 40.02
acres out of Lots 10 and 18, Section 20 out of the Flour Bluff and Encinal Farm and
Garden Tracts, located east of Cimarron Boulevard and 200 feet south of Brockhampton
Street.
City Secretary Chapa stated the Planning Commission and staff recommended approval
of a "R-1 B" One -family Dwelling District on Tracts 1. 2, and 3.
No one spoke in opposition to the zoning change. A motion was made, seconded, and
passed to close the public hearing.
Mr. Kinnison asked if the applicant planned to submit an application for a Planned Unit
Development ("PUD") for the project site in the future. Mr. Gunning replied affirmatively. He
explained that the applicant preferred commercial and townhome zoning on the Cimarron
frontage, but had requested "R-1 B" zoning at this time for the entire site due to infrastructure
issues concerning proposed Drainage Ditch 27, and the need to prepare a subdivision plat with
a PUD district. In addition, the applicant has indicated that development of the commercial and
townhome tracts would only occur after Cimarron Boulevard was improved. He anticipated that
the applicant would pursue a PUD district for the project site within the next two or three years.
In response to Mr. Kinnison's question, Mr. Gunning replied the applicant would have to submit
a new application for a PUD for the Planning Commission's review. City Secretary Chapa
polled the Council for their votes as follows:
15. ORDINANCE NO. 026614
Amending the Zoning Ordinance, upon application by Scott Mandel, by changing the
zoning map in reference to 40.02 acres out of Lots 10 and 18, Section 20 out of the
Flour Bluff and Encinal Farm and Garden Tracts, from "F -R" Farm -Rural District to "R-
113" One -family Dwelling District on Tracts 1, 2, and 3; 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, Kinnison, Marez, Noyola, and
Scott, voting "Aye" Kelly was absent.
Mayor Garrett referred to Item 14, and a motion was made, seconded, and passed to
open the public hearing for the following zoning case
Case No. 1105-07, Arriba Development: A change of zoning from a "R -1B" One -family
Dwelling District to a "B-4" General Business District. The property is a vacant tract of
land located north of Up River Road and Interstate 37 at the intersection of Session
Road. (Tabled 12/20/05)
City Secretary Chapa said the Planning Commission recommended approval of a "B-4"
General Business District. Staff recommended denial of the "B-4" General Business District,
and in lieu thereof, approval of a "B-1" Neighborhood Business District. Mr. Chapa said the
ordinance before the Council today reflected the Planning Commission's recommendation.
Assistant Director of Development Services Michael Gunning stated the Council tabled
this case on December 20, 2005 to allow the applicant to meet with residents and the Tuloso
Minutes — Regular Council Meeting
January 17, 2006 — Page 10
Midway School District to consider a lesser zoning district. He referred to a letter submitted by
the Tuloso-Midway ISD requesting a "B -1A" Neighborhood Business District rather than a "B-4"
General Business District because of the subject property's proximity to a church, preferring
non-residential development along the IH -37 frontage. Mr. Gunning stated that the Planning
Commission, on the other hand, felt the most appropriate zoning was the "B-4" district because
of the subject property's proximity to Sessions Road
Mr Gunning explained the subject property was located at the northwest corner of
Sessions Road and Up River Road. Up River Road at this location was also the frontage road
for IH -37. The property was vacant with existing low-density residential uses to the west and
vacant land on the north and east sides. The south property line was adjacent to Sessions
Road, a local (or rural) street that accesses a number of single-family developments. In
addition, the Future Land Use Plan designated this property for commercial uses along the
highway frontage with low-density land uses located to the north and behind the commercial
uses. Consequently, staff was recommending the denial of the "B-4" district and approval of the
-B-1" district because they felt it was most appropriate.
Mr. Gunning also pointed out that TxDOT felt that the intersection of a local street like
Sessions Road and the frontage road with a driveway from the subject property could create a
traffic hazard. TxDOT preferred that the driveway be located at the extreme western edge of
the subject property. The city's driveway ordinance would also prohibit any commercial
driveway access onto Sessions Road since it was a local street.
In conclusion, Mr. Gunning stated staff preferred the "B-1" district to the "B -1A" district
since there were no existing homes in the area that warranted the additional buffer the "B -1A"
provided.
Mr. Garcia commented that the city was not saying that the area could never be zoned a
"B-4" district; rather, staff's recommendation under the existing conditions was to zone the
property "B-1". Mr. Gunning replied affirmatively, saying the area could be zoned "B-4" in the
future. Approved uses in the "B-1" zoning district were grocery stores, retail uses, personal
service uses, offices, and apartments
Mayor Garrett asked for public comment. Mr. Victor Gutierrez with Coym Rehmet &
Gutierrez Engineering, 5656 S. Staples, representing the applicant, stated that they met with the
Tuloso-Midway School District Board and superintendent per Mr. Kelly's request at the last
meeting. The school district was in favor of the "B -1A" zoning district, which differed from the
Planning Commission and staff's recommendations. The Planning Commission unanimously
recommended "B-4" zoning, and staff recommended "B-1". While the applicant preferred the
"B-4" zoning, Mr. Gutierrez said his client would accept a minimum of "B-1" zoning with a
Special Permit for a hotel/motel site. This proposal would protect the school district and the
residents from any objectionable uses. He noted that the Special Permit would expire in one
year, so his client would have to build the hotel within that timeframe or the property would
revert to "B-1" zoning uses.
Mr Noyola asked if the applicant also owned the land behind the subject property. Mr.
Gunning replied affirmatively, saying the applicant owned all the property zoned "R -1B" behind
the subject parcel. Mr. Noyola asked what the applicant's plans were for the surrounding
property. Mr. Ramirez, the applicant, replied that he owned the property behind the subject
parcel and across from it on Sessions Road. They planned to develop the property at least
partially for residential use: thus, they would not favor bar or auto shop uses.
Minutes — Regular Council Meeting
January 17. 2006 — Page 11
Dr Cornelio Gonzalez, superintendent of Tuloso-Midway Independent School District,
spoke against the "B-4" zoning district and in favor of the "B -1A" zoning if possible. The school
district was not opposed to commercial development in the area, however, except for
businesses allowing alcoholic beverage sales. In conclusion, he said the school district
accepted staff's recommendation to zone the property "B-1 ". If and when a developer emerged
with a proposal to build a hotel on the site, then the applicant could request a zoning change at
that time. Mr. Garcia agreed with Dr. Gonzalez.
Mr Noyola asked for the distance between the closest Tuloso-Midway ISD school and
the subject property. Dr. Gonzalez replied the primary school was approximately a mile from
the subject property. Mr. Noyola asked Mr. Gunning what the minimum distance allowed by
ordinance between a school and a establishment selling alcoholic beverages. Mr. Gunning
replied the minimum distance was 300 feet. Mr. Noyola felt that since the subject property was
a mile from the nearest school. a business selling alcoholic beverages could be an acceptable
use. He pointed out that a hotel could sell alcoholic beverages to patrons. Dr. Gonzalez
reiterated the school district's position against alcoholic beverage sales in the area.
A motion was made, seconded, and passed to close the public hearing. Mr. Chesney
spoke in support of Mr. Gutierrez's suggestion to grant the applicant "B-1" zoning with a Special
Permit for a hotel with a one-year expiration date. Director of Development Services Barbara
Holly replied that this was clearly an option.
Mr. Kinnison spoke on behalf of Mr. Kelly, who was temporarily unavailable. He said Mr.
Kelly was in favor of staff's recommendation for a "B-1" zoning district. Mr. Kinnison made the
motion to amend the ordinance to grant a "B-1" zoning district, and it was seconded by Ms.
Cooper. Mr. Chesney made a motion to amend Mr. Kinnison's motion to include a Special
Permit for one year to allow for hotel/motel development, seconded by Mr. Scott. Mr. Gunning
added that if the applicant failed to begin the hotel/motel development within a year, he had the
right to ask the Council for an extension.
Mr. Kinnison restated his motion and made a motion to amend the ordinance to approve
a "B-1" zoning district with a Special Permit for one year to allow for hotel/motel development,
seconded by Ms. Cooper, and passed. City Secretary Chapa polled the Council for their votes
as follows
14. ORDINANCE NO. 026613
Amending the Zoning Ordinance, upon application by Arriba Development by changing
the zoning map in reference to 2.5 acres out of B.S. & F. Survey 419, Abstract 570,
Nueces County, from "R -1B" One -family Dwelling District to "B-1" Neighborhood
Business District with a Special Permit for one year to allow for hotel/motel development;
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, Kinnison, Marez, Noyola, and
Scott, voting "Aye Kelly was absent.
*************
Mayor Garrett referred to the presentations on the day's agenda. The first presentation
was Item 17 on traffic management at the arena/convention center during multiple events. Mr.
Minutes - Regular Council Meeting
January 17, 2006 - Page 12
Marc Solis, general manager for the American Bank Center, reviewed the history of the arena
traffic planning and development plans that SMG incorporated into their Traffic Master Plan.
Mr Solis discussed SMG's Traffic Master Plan in more detail. He said the plan
addressed inbound and egress routes, and outlined the city's responsibilities and SMG's
responsibilities in managing the American Bank Center zone. In addition, the plan outlined the
Regional Transportation Authority's (RTA) role in managing certain high traffic events.
Regarding the inbound traffic flow, Mr. Solis reported that 75 percent of event attendees
used the IH-37/Chaparral corridor, 15 percent used Shoreline Boulevard, and 10 percent used
Port Avenue. Egress traffic flow used the following routes: IH-37/Chaparral - 10 percent;
Shoreline Boulevard - 30 percent; and Port Avenue - 20 percent. He pointed out that Port
Avenue was an underutilized route, and said SMG was planning to add more directional
signage to encourage use
Mr Solis displayed a map depicting the areas of city responsibility and shared
responsibility, and the areas of shared responsibility between the city and SMG. He said the
city managed the area near IH -37 and Chaparral, while SMG managed the arena zone,
stretching out over 25 parking lots.
Mr. Solis displayed a chart providing an inventory of available arena parking, totaling 25
lots with 5,453 parking spaces. The city owned 15 of the Tots, totaling 1,478 parking spaces,
and SMG managed four additional lots for a total of 775 parking spaces.
Mr. Solis discussed the SMG parking usage averages as follows: hockey - 776 vehicles
per game; basketball - 290 vehicles per game; football - 1,596 vehicles per game; concerts -
1,550 vehicles/event; and Selena Auditorium events - 562 vehicles/event. In total, he said an
average of 954.8 vehicles per event utilized parking. He concluded that there was more than
sufficient parking in the area.
Mr. Solis reported on a paid parking program implemented in April 2005, ranging from $3
to $10 per space. He said 100 parking spaces in the parking garage were reserved for the
program, and they sold out within five minutes. Thus, SMG felt there was a market for
guaranteed parking. The revenues collected from this program would be used to maintain and
improve parking lots and to reimburse the city for traffic management by the Police department.
In addition. he said the revenues would be used to make the traffic and parking program self-
funded
Mr. Solis reported on the success of the RTA Bayfront Express. The RTA serviced 22
events last year at a charge of $1 to $2 per roundtrip. An average of 12.6 percent of event
attendees used the service. Although the service was convenient and modestly priced, Mr.
Solis said the public was underutilizing the service. He theorized that the public utilized the
service only if there were multiple events being held in the area (e.g. baseball game, country
peddler show, graduation, etc.)
In conclusion, Mr. Solis stated the arena's first year in operation was successful and
customer satisfaction was met through a coordinated effort between the city, SMG, and the
Port. He said SMG would continue to make improvements to the program over time.
Mayor Garrett asked Mr. Solis to continue to encourage event attendees to use Port
Avenue for ingress and egress.
Minutes — Regular Council Meeting
January 17. 2006 — Page 13
Mr Scott spoke in favor of pedestrian improvements to the arena, so people could have
an enjoyable experience as they walked to the arena from their parking spaces. He also asked
SMG to improve their efforts to manage traffic around the arena. Mr. Solis replied the arena
parking manager had erected new signage to direct patrons to designated parking Tots, and also
planned to assign additional staff to improve traffic management.
Mr Marez thanked SMG and staff for providing affordable and convenient parking for the
city's various venues. He also thanked SMG for bringing great entertainment to the city.
Mr. Garcia commented that he would like to see signage distinguishing city lots from
private lots. He also stated that he would like streetlights placed on Port Avenue to guide
vehicles to the expressway entrance. He also suggested that SMG consider using public
transportation to transport citizens from outlying lots to the arena. Mr. Solis replied SMG staff
had held preliminary discussions with the Corpus Christi Hooks about running trams from their
parking lot to arena events. At this time, he said neither SMG nor the Hooks had the funds to
purchase a tram, so the idea was on hold. Mr. Garcia replied that an another option would be to
enhance the paid parking program by adding more spaces, and then use a portion of the
revenues to establish a shuttle system with the RTA
City Manager Noe stated the city's discussions with the architects and designers on the
Bayfront Plan had also called for pedestrian improvements in the downtown entertainment
district to better integrate the venues. He also thanked the city's traffic cops, the Engineering
department, and the RTA for working cooperatively with SMG to manage traffic in the area.
* * * * * * * * * * * * *
Mayor Garrett called for a brief recess to present proclamations.
* * * * * * * * * * * * *
Mayor Garrett called for petitions from the audience. The following individuals spoke in
support of restricting the police chief search to internal candidates: Abel Alonzo; Cliff Harris,
1017 Antelope; and Gilbert Cortinas, 1826 Leopard. Mr. Cortinas submitted a petition in support
of his statement.
Mr. Carlos Torres, 6014 Ayers, spoke in favor of retaining the CPAT physical fitness
exam for firefighter candidates because he felt the program had more rigorous fitness standards
than the Cooper Institute Physical Fitness exam, which the city had recently adopted. He asked
the city to assign a staff member to work with the Firefighters Association and the Fire Chief
regarding the exam requirements.
Mr. Chesney referred to a written response from Ms. Cynthia Garcia, Human Resources
Director addressing Mr. Torres's concerns. He considered physical fitness to be a priority issue
during the next round of police and fire contract negotiations because it was a safety issue.
City Manager Noe clarified that staff was not opposed to the CPAT itself; rather, their
concerns were related to a number of legal issues raised in other communities about the test.
Until the legal issues were resolved, staff was discontinuing the use of the CPAT and
implementing another test. Finally, he said staff fully supported collective bargaining regarding
issues related to physical fitness.
Minutes — Regular Council Meeting
January 17, 2006 — Page 14
Mr Marez asked when the next fire academy was scheduled. Director of Human
Resources Cynthia Garcia replied that normally, the city held one fire academy a year. She
said it took approximately nine months to complete the recruitment process for firefighter
candidates The next academy was scheduled to begin in January or February 2007.
Mr Noyola referred to a number of errors that appeared on the city's website regarding
the CPAT test. Ms. Garcia replied the Cooper Institute Physical Fitness was currently used for
the Police department, and errors were made when the information was transferred from the
Police website to the firefighter website. She apologized for the errors and said they were
corrected them as soon as they were discovered.
In response to Mr. Noyola's question, Ms. Garcia said staff recommended changing from
the CPAT to the Cooper's test because of an EEOC ruling that the City of Austin's use of the
CPAT had an adverse effect on female candidates. As a result, the City of Austin's firefighter
recruitment process was cancelled. Since the City of Corpus Christi could not afford to cancel a
firefighter academy, staff had no choice but to discontinue the CPAT until the issue was
resolved. She noted, however, that staff had recommended that the CPAT continue to be
taught at the fire academy for training purposes.
Mr. Noyola understood that the Fire Chief, assistant chiefs, and the union chief were
unaware of a validation study for the tests. City Manager Noe replied that normally, issues
related to recruitment are not the purview of the union; rather, the civil service process
determined who was hired. He said he understood the Fire department staff was informed
about the process.
follows:
*************
Mayor Garrett announced the executive sessions, which were listed on the agenda as
20. Executive session under Texas Government Code Section 551.071 regarding fire
collective bargaining negotiation with possible discussion and action related thereto in
open session.
21. Executive session under Texas Government Code Sections 551.071 and 551.072
regarding legal and real estate transaction issues relating to the acquisition of property
for and permitting of a new wastewater treatment plant to replace the Broadway
Wastewater Treatment Plant, with possible discussion and action related thereto in open
session.
22. Executive session under Texas Government Code Section 551.071 regarding WiFi
network, with possible discussion and action related thereto in open session.
The Council went into executive session.
*************
The Council returned from executive session. Mayor Garrett referred to Items 18 and
19, presentations on the Americans with Disabilities Act transition plan and the first quarter
report on health benefits/risk management fund. City Manager Noe stated the Council had
been provided with materials regarding the items. If the Council had no objections, staff could
forgo the presentation and entertain questions. There were no questions.
Minutes - Regular Council Meeting
January 17, 2006 - Page 15
*************
Mayor Garrett called for the City Manager's report. City Manager Noe reported that the
following items were scheduled for the Council 's consideration next week: Convention and
Visitors Bureau quarterly report, including a report on the bowlers tournament; Tall Ships visit
presentation; and the city's depository contract.
Mayor Garrett called for Council reports. Mr. Scott asked staff to provide more advance
notice regarding neighborhood meetings. He said he had received just two days notice
regarding a Hamlin Neighborhood Advisory Council meeting organized by the direct patrol
officers to be held on January 19. He also reported that an old military vehicle was stuck in the
surf on the Island, and he asked the city to remove it as soon as possible since ii was a safety
hazard. He said he had spoken about the issue with Assistant City Manager Margie Rose, who
suggested placing some type of warning signage on the structure until it was removed. He also
stated that the city should not have to pay for removing the vehicle, asked staff to seek
reimbursement from the military or whatever entity He said six or seven companies bid for the
items, and the city was required by law to award to the lowest bidder. Consequently, staff could
not recommend award to one companywas responsible for placing it there.
Mr Marez announced that as a State employee, he was prohibited from accepting
compensation for his service as a Council member. He had decided, however, to donate his
monthly salary to a local non-profit organization(s). He asked any interested parties to contact
him through the City Secretary's Office. He planned to split his salary into two equal portions
for disbursement. He thanked staff for researching the issue for him.
Mr. Garcia asked for a status report on the neighborhood meetings regarding drainage
issues in Brighton Village. City Engineer Angel Escobar answered two meetings were held, one
last Friday and one last night. Both meetings were well attended by property owners and
residents in the area. The majority of the individuals were in favor of the improvements, but
were concerned about access to their property during the construction. He said one more
meeting was scheduled tomorrow night at 6:00 p.m.
Mr. Garcia also asked how the city was addressing concerns with speeding on Cimarron
Boulevard. Mr. Escobar replied the city was repairing and leveling the road to repair roughness
and it should be coming forward in the next two to three weeks. He said the Police department
was continuing their efforts to enforce the speed limit as well.
Mayor Garrett asked if the city had received a Clean Air Award. Mr. Noe responded
affirmatively, saying the City was recognized for its efforts to support decreasing activity during
ozone action days. Mayor Garrett also stated that citizens were reporting a problem with the
traffic light cycle at Staples Street and Saratoga Boulevard.
There being no further business to come before the Council, Mayor Garrett adjourned
the Council meeting at 2:10 p.m. on January 17, 2006.