HomeMy WebLinkAboutMinutes City Council - 05/09/20061 HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the
Regular Meeting of the Corpus Christi City Council of May 9, 2006, which were approved by
the City Council on May 16, 2006.
WITNESSETH MY HAND AND SEAL, on this the 16th day of May, 2006.
Armando Chapa
City Secretary
SEAL.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem John Marez
Council Members:
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
Jesse Noyola
Mark Scott
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
May 9. 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 Pastor John Smith of First Family Church and the Pledge
of Allegiance to the United States flag was led by Council Member Kelly.
Mayor Garrett called for approval of the minutes of the regular Council meeting of April 25,
2006. A motion was made, seconded, and passed to approve the minutes as presented.
Mayor Garrett referred to Item 2
Animal Control Advisory Committee
Sharon Massad (Reappointed)
William Schroeder (Appointed)
Arts and Cultural Commission
Joye LaBarrett (Appointed)
Lisa Godwin (Appointed)
Molly Merkle (Appointed)
Jessica Davila Burnett (Appointed)
Building Code Board of Appeals
Cliff Atnip (Appointed)
Ronald Wheaton (Appointed)
and the following board appointments were made:
Citizens Advisory Health Board
Dr. George H. Fisher (Appointed)
Commission on Children and Youth
Vicky Alexander (Reappointed)
Miles Toren (Reappointed)
Guy Nickelson (Reappointed)
Lauren Ranly (Reappointed)
Coretta Graham (Reappointed)
SeSee Munson (Appointed)
Mayor Garrett called for consideration of the consent agenda (Items 3 - 16). There were no
comments from the public or the Council. A motion was made and passed to approve Items 3
through 16. constituting the consent agenda. City Secretary Chapa polled the Council for their votes
as follows
Minutes - Regular Council Meeting
May 9, 2006 - Page 2
3 MOTION NO. 2006-134
Motion approving a supply agreement with Casco Industries, Inc., of Pasadena, Texas for
firefighting clothing consisting of ninety sets of pants and coats, based on only bid, for an
estimated annual expenditure of $115,609.50. The term of the agreement will be for twelve
months with an option to extend for up to two additional twelve-month periods, subject to the
approval of the supplier and the City Manager or his designee. Funds have been budgeted
by the Fire Department in 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".
4.a. MOTION NO. 2006-135
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$159,671 from the United States Department of Justice, Bureau of Justice Assistance, for
funding eligible under the FY 2006 Edward Byrne Memorial Justice Assistance Grant, 50%
of the funds to be distributed to Nueces County under an established Interlocal Agreement
and to execute all related documents.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
4_ b. ORDINANCE NO. 026760
Ordinance appropriating $159,671 from the United States Department of Justice, Bureau
of Justice Assistance in the No. 1061 Police Grants Fund to purchase law enforcement
equipment for the Police Department and Nueces County.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye"
5.a MOTION NO. 2006-136
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$136,380 in funding from the Executive Office of the President, Office of National Drug
Control Policy, to support the Police Department's role in the Texas Coastal Corridor
Initiative in the Houston High Intensity Drug Trafficking Area.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
5.b. ORDINANCE NO. 026761
Ordinance appropriating $136,380 from the Executive Office of the President, Office of
National Drug Control Policy in the No. 1061 Police Grants Fund to support the Police
Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug
Trafficking Area.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia. Kelly. Kinnison, Marez, Noyola, and
Scott, voting "Aye"
Minutes - Regular Council Meeting
May 9, 2006 - Page 3
6 RESOLUTION NO 026762
Resolution authorizing the City Manager or his designee to submit a grant application to
Texas Parks and Wildlife in the amount of $125,000 for construction of the Corpus Christi
Beach Promenade along Corpus Christi Beach and meeting phase 1 for a total of .51 miles
of Promenade, with a City match of $15,000 from the Bond 2004 Project and an in-kind
donation of $10.000 from the Corpus Christi Beach Association.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney. Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
ORDINANCE NO. 026763
Ordinance transferring $1,141,876 from the No. 1020 General Fund to the No. 1067 Parks
and Recreation Grants Fund; and appropriating the $1,141,876 as City required matching
funds for the 2005-2006 Fiscal Year Senior Community Services Program.
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. 2006-137
Motion authorizing the temporary closure of Park Street from Northbound Shoreline to
Southbound Shoreline from 6:00 A.M. on May 22, 2006 through midnight on May 31, 2006,
and waiving the requirements of Subsections 49-17(a) and (b) for the 2006 Velocity Games
due to a finding that the event will promote the City and provide sufficient publicity and
economic benefit to justify the waiver under Section 49-17 (r) of the Code of Ordinances.
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. 2006-138
Motion approving the application from Christus Spohn Hospital Health Systems to
temporarily close Third Street as shown below for required utility, drainage and paving
improvements associated with the proposed permanent closure of Third Street from Ayers
Street to Elizabeth Street:
Third Street between Ayers Street and Elizabeth Street from 9:00 A.M., on May
10,2006 and continuing for sixty (60) calendar days.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
Minutes - Regular Council Meeting
May 9, 2006 - Page 4
10. MOTION NO. 2006-139
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
contract with RAM Technologies, Inc., of Fort Washington, Pennyslvania in the amount of
$82.790 for a total re -stated fee of $459,190 for contract management and technical
services necessary for implementation of Phase 1 of the citywide Automated Meter Reading
(AMR) project.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
11. MOTION NO. 2006-140
Motion authorizing the City Manager to execute a Deferment Agreement with Porto Villageo
No 1, Ltd., a Texas Limited Partnership, (Developer), in the amount of $372,762.70 for the
installation of street paving, curb, gutter and sidewalk public improvements to serve Porto
Villageo Subdivision, located between State Highway 361 and the Gulf of Mexico and south
of Mustang Island Estates Drive, 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".
12.a. MOTION NO. 2006-141
Motion approving the Sanitary Sewer Collection Line Extension Construction and
Reimbursement Agreement with Mostaghasi Investment Trust, developer of King's Point
Unit 6 located east of South Staples Street and north of Yorktown Boulevard for the
installation of 1 364 linear feet of off-site 12 -inch sanitary sewer collection line.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
12.b. ORDINANCE NO. 026764
Ordinance appropriating $267,825.50 from the Sanitary Sewer Collection Line Trust Fund
No. 250420-4220 to pay Mostaghasi Investment Trust for the installation of 1,364 linear feet
of off-site 12 -inch sanitary sewer collection line as specified in the Sanitary Sewer Collection
Line Extension Construction and Reimbursement Agreement to develop King's Point Unit
6.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye"
Minutes - Regular Council Meeting
May 9, 2006 - Page 5
ORDINANCE NO. 026765
Ordinance abandoning and vacating a 17,016.20 -square foot portion of an existing drainage
easement out of Lots 30 thru 34 Block 32, King's Crossing Unit 10; subject to compliance
with the specified conditions.
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"
14. ORDINANCE NO. 026766
Ordinance abandoning and vacating a 3,880.26 -square foot portion of an existing drainage
easement out of Lots 36 thru 39 Block 32, King's Crossing Unit 10; subject to compliance
with the specified conditions
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and
Scott, voting "Aye"
15. ORDINANCE NO. 026767
Ordinance abandoning and vacating a 1,870 -square foot portion of a 10 -foot wide utility
easement out of Lots 1 and 2 and Lots 23 and 24, Block 4, Lexington Estates; subject to
compliance with the specified conditions.
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"
16. ORDINANCE NO. 026768
Ordinance amending the Code of Ordinances, Chapter 57 Vehicles for Hire, Section 57-135,
Fares - Amounts, to add a provision to allow for traffic delay time charges and modifying the
effective date of rate changes and amending Section 57-105, Neat and Clean Appearance
of Drivers, to allow drivers to wear shorts during the summer months.
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"
k + * * * * * * * * * * *
Mayor Garrett referred to Item 17. and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0306-04, City of Corpus Christi/Harbors Homeowners' Association: A change of
zoning from a "B-4" General Business District with a "PUD -2" Planned Unit Development 2
to a revised "B-4" General Business District with a "PUD -2" Planned Unit Development 2.
Porto Bello Subdivision (The Harbors), Block 1, Lots 1-70 and 70A-150, located west of
U.S Highway 181 and West Causeway Boulevard, east of Rincon Road and Canal A and
south of Nueces Bay.
Minutes - Regular Council Meeting
May 9, 2006 - Page 6
City Secretary Chapa said the Planning Commission and staff recommended the approval
of the "B-4" General Business District with a Planned Unit Development PUD -2 revised site plan by:
1. Removing building pad sites.
2. Denial of allowing for storage of recreational vehicles/trailers on Lot 3.
Assistant Director of Development Services Michael Gunning reported that the original PUD -
2 for the Porto Bello subdivision, also known as the Harbors, was approved in 1981 for a 140 lot
single-family subdivision with lots less than 6,000 square feet, subject to four conditions. He said
current and potential property owners were requesting that Condition One, illustrating the building
pad sites for each lot on the site plan, be eliminated. By eliminating the pad site area on the site
plan, property owners would be able to build over lot lines if two or more Tots were desired for
construction of a single-family structure.
Mr Gunning stated that staff initiated the amendment to eliminate Condition One after the
Harbors Homeowners' Association brought the matter to their attention. Consequently, staff was
recommending that the PUD -2 be amended to remove the required footprints for each lot and to
allow the homebuilders to use more than one lot. He said the initial proposal included a request to
;dentify Lot 3 as a future site for boat and trailer storage; however, the homeowners' association
objected to this use at the Planning Commission hearing. Staff consequently removed the storage
use from the proposed ordinance. Mr. Gunning noted that the proposed ordinance required an
amendment to change the subject property's legal description to read "Block 1, Lots 2-70 and Lots
70A — 149", eliminating Lots 1 and 150
in conclusion, Mr. Gunning stated that staff recommended the approval of the revised PUD -
2 He noted that there was a three -percent opposition to the zoning change.
Mayor Garrett asked for public comment. Mr. Jim Kaufman, 712 Enchanted Harbor, and Ms.
Betty Black, 725 Crown Harbor, spoke in support of staffs recommendation to remove the boat
trailer storage usage.
Mr Roger Smith, residing on Enchanted Harbor, spoke in favor of retaining the boat trailer
storage usage on Lot 3
Mr Marez stated that he had visited the proposed trailer storage area, and found that it was
well camouflaged with fencing. He understood, however, the residents' concern that it could
become an eyesore. He felt that the trailer storage issue still needed to be addressed at some point,
however, because parking the boats on the street would render the streets too narrow.
Mr Chesney made a motion to close the public hearing, seconded by Mr. Scott, and passed.
A motion was made, seconded, and passed to amend the ordinance as recommended by staff.
Mr. Chapa polled the Council for their votes on the amended ordinance as follows:
Minutes - Regular Council Meeting
May 9, 2006 - Page 7
ORDINANCE NO. 026769
Amending the Zoning Ordinance, upon application by the City of Corpus Christi and the
Harbors Homeowners' Association. by changing the zoning map in reference to Porto Bello
Subdivision (The Harbors), Block 1, Lots 2-70 and 70A-149, from "B-4" General Business
District with a "PUD -2" Planned Unit Development 2 to a revised "B-4" General Business
District with a "PUD -2" Planned Unit Development 2; amending the Comprehensive Plan to
account for any deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved as
amended with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott, voting "Aye"
Mayor Garrett referred to Item 18, and a motion was made, seconded, and passed to open
the public hearing on the following zoning case:
Case No. 0306-05, United Rentals: A change of zoning from an "1-2" Light Industrial District
to an "1-3" Heavy Industrial District. The property being 654.3 square feet out of Holly
Industrial Subdivision Lot 6, Bohemian Colony Lands Section 3, located on the east side of
Ayers Street between Gibbs Street and Holly Road.
City Secretary Chapa said that the Planning Commission and staff recommended the denial
of an "1-3" Heavy Industrial District, and in lieu of, approval of a Special Permit, 654.3 square feet
in area, for one (1) 2,000 gallon above ground fuel tank for the storage of diesel fuel, subject to a
site plan, and approval of the Fire Marshall and Zoning Board of Adjustment.
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:
18. ORDINANCE NO. 026770
Amending the Zoning Ordinance, upon application by United Rentals, by changing the
zoning map in reference to 654.3 -square feet out of Holly Industrial Subdivision, Lot 6,
Bohemian Colony Lands, Section 3, by granting a Special Permit for an above ground fuel
storage tank, subject to a site plan and three 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, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye"
* * * * * * * * * * * * *
Mayor Garrett opened discussion on Item 21 regarding an agreement with Calallen
Independent School District to provide a temporary site for the Northwest Library operations during
its expansion and renovation. Director of Libraries Herb Canales reported that the Northwest Library
renovations would take approximately one year to complete, and the city would need a temporary
site during this time. He said the Calallen ISD had offered their old Annaville Elementary School
site, approximately 4,500 square -feet, for a nominal fee. The Calallen ISD school board had already
approved the proposed agreement three weeks ago. Staff anticipated that the move would take
place at the end of July
Minutes - Regular Council Meeting
May 9, 2006 - Page 8
Mr Kelly stated that many of his constituents had expressed concern that there would be
no library services in the Northwest area during the renovations. He appreciated staff's efforts to
find a temporary library site Mr. Canales thanked Calallen ISD Superintendent Dr. Almendarez for
his cooperation.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
21. RESOLUTION NO 026771
Resolution authorizing the City Manager or his designee to execute an Interlocal
Cooperation Agreement with the Calallen Independent School District by which the District
provides a temporary site for the operations of the Northwest Branch Library while the
Northwest Branch Library site undergoes expansion and renovation.
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 opened discussion on Item 22 regarding the city's tax abatement guidelines
and criteria. Director of Economic Development Irma Caballero reported that this item would
approve the city's eligibility to participate in tax abatement and to adopt the Tax Abatement
Guidelines and Criteria. She said the same guidelines and criteria were proposed with a revision
to support residential development in the downtown area. She referred to map in the Council's
agenda packet that depicted the central business district. She said the percentage of abatement
for residential facilities was 100 percent during the construction period and 100 percent during the
following five years. Since residential facilities are not intended to create jobs, she said staff
recommended that the job requirement be waived, unless the proposed facility was a mixed-use
facility with less than 90 percent residential use. Additionally, Ms. Caballero reported that staff
updated the guidelines by including the additional census tracts approved in Census 2000.
Mr Kinnison stated that if he understood the guidelines correctly, a developer could
construct luxury condos with $250,000 to $400,000 units, earn the tax abatement, and then sell one
of the $400,000 condos to an individual who would also receive the tax abatement for five years.
Ms. Caballero answered affirmatively, saying that the tax abatement stayed with the project during
the abatement period. Mr. Kinnison spoke against providing tax abatements for this type of project
because the individual owner of a $400,000 condo did not need a tax abatement to make a viable
project. City Manager Noe replied that the Council had approved this type of tax abatement in the
current guidelines and criteria; staff was simply proposing to extend the abatement period and
enhance the percentage of abatement. Mr. Kinnison stated that he was in favor of limiting the
abatements for residential projects to a certain dollar amount, or to offer the tax abatement to the
developer only, not the purchaser. Mr. Noe replied that the only way to achieve this would be to limit
the abatements to rental projects.
Mr Garcia spoke in favor of tax abatements for residential developments, and then passing
on the abatements to individual property owners. He felt that the developers and property owners
who were willing to take on the inherent risk of living in the downtown area needed an economic
stimulus. Mr. Noyola also concurred with the proposed guidelines and criteria.
Mayor Garrett asked for public comment. Mr. Abel Alonzo, 1701 Thames, spoke in favor of
the proposed Tax Abatement Guidelines and Criteria. City Secretary Chapa polled the Council for
their votes as follows:
Minutes - Regular Council Meeting
May 9, 2006 - Page 9
22. RESOLUTION NO 026772
Resolution electing to be eligible to participate in tax abatement and adopting Tax
Abatement Guidelines and Criteria.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly. Marez, Noyola, and Scott, voting "Aye"; Kinnison voting
Mayor Garrett opened discussion on Item 23 regarding an Open Container ban affecting the
downtown area. City Manager Noe stated that this item was the first step in implementing an open
container ordinance prohibiting the possession of open containers of alcohol on the public right-of-
way. He said the city had to meet a number of Texas Alcoholic Beverage Commission (TABC)
requirements before final implementation. such as defining the area and demonstrating that 90
percent of the area was commercial. He said the proposed geographic area was composed
collaboratively between the Police department, the City Attorney's Office, and the community. He
said the ordinance would provide another tool to help police officers patrolling the downtown area
and Leopard Street corridor.
Acting Police Chief K.A. Bung stated that staff consulted with the police officers patrolling
this area, and they helped determine the boundaries of the proposed area. He said that Assistant
City Attorney Joseph Harney ensured that the area met the 90 percent TABC requirement. In
addition, he said staff held a number of public hearings in which the majority of the public supported
the ban. Mr. Noe added that some questioned the city's ability to provide exemptions for certain
special events, such as the Downtown Management District mixers and Bayfest. He said staff was
confident that they could exempt special events in the ordinance.
Mayor Garrett asked if the open container ban would affect liveaboards consuming alcohol
on their boats while moored at the marina. Chief Bung responded that boats were considered
private property, so the ordinance would not apply; if the individuals consumed alcohol on the docks
or in the marina parking lot, however, they would violate the ordinance. City Manager Noe
emphasized that the ordinance only affected public property, not private property. Staff answered
the Council's questions on what type of activities and/or events would be exempted from the
ordinance
Mr Marez asked why the North Beach area wasn't covered under the proposed area. Mr.
Harney replied that the proposed geographic area constituted 90.0124 percent of the TABC's
requirements. If the city chose to add any more areas, staff would have to recalculate the numbers
to ensure that the city complied with the 90 percent commercial requirement.
In response to Mr. Marez's question, Mr. Harney responded that the Up River Road area
included the Leopard Street corridor, outside of the Woodlawn Shopping Center, and outside the
Hector P. Garcia Post Office.
Mr. Kelly stated that the Central Business District patrons frequently had to step over or
around individuals who were drinking or had become intoxicated. As a result, commerce and
development in this area had suffered
Mayor Garrett asked for public comment. Mr. Erik Von Wade, 6414 Cateau, said he worked
on 2117 Leopard Street. He was in favor of the proposed ordinance as long as it didn't infringe on
the residents' rights. He pointed out that the city currently had ordinances prohibiting public
intoxication. yet he often encountered intoxicated persons outside his workplace. He asked how
the new ordinance would improve the situation if the current ordinances weren't being enforced, and
Minutes - Regular Council Meeting
May 9, 2006 - Page 10
what penalties would be imposed on violators of the open container ordinance. He spoke against
simply issuing a citation, and in favor of detaining them for a period of time.
Acting Chief Bung responded that the Police department was enforcing the current laws
against public intoxication whenever possible. He said the police officers jailed chronic offenders
as space permitted. but it wasn't truly a deterrent to their behavior. City Manager Noe added that
the new ordinance was not a panacea to the public intoxication problem in the area; rather, it was
another tool the officers could use to deal with the problem before the individuals became
ntoxicated He agreed that putting chronic offenders in jail was not a cure, either, because it would
-lot deter their behavior
Mr. Noyola questioned whether the proposed ban would truly improve the situation. He said
the current laws did not seem to deter chronic drinkers, and he didn't see how this ban would help.
Chief Bung reiterated that the police officers had requested the ban as a tool that would hopefully
address the situation before the individuals became intoxicated. He agreed that the ban would not
resolve the issue Mr. Noyola stated that he thought the city was on the right track, but suggested
that the city continue with a community dialogue to try to resolve the problem, because it wasn't
going to go away.
Mr Kinnison also questioned the effectiveness of the new ordinance, asking if the proposed
ban would simply displace the problem to another geographic area. Mr. Noe replied that a certain
level of displacement would occur, but the positive impact would be on the businesses struggling
with this type of activity in their area. He hoped that the ban would displace the activity to private
property
In response to Mr. Kelly's question, Chief Bung replied that violators would receive citations,
be deprived of their liquor, and then warrants would follow. Repeat offenders would be arrested
after several citations.
Mr Kelly noted that property owners and residents had complained about broken glass
bottles in these areas. He asked if the city could regulate what types of containers could be used
in these areas. Mr. Harney replied that staff could look into the issue, noting that the city currently
prohibits glass containers on beaches.
Ms. Cooper spoke in support of the proposed open container ban as a tool to help law
enforcement.
Mr Marez asked if area churches could be included in the geographic area. Mr. Harney
replied that the TABC required that the district be compact and contiguous, and include 90 percent
commercial use in the area. He said the city had a certain amount of leeway in delineating the
district: however. the statutory intent was to target the historical central business district.
Mayor Garrett asked for public comment. Mr. Abel Alonzo, 1701 Thames, spoke in support
of the open container ban, and asked the city to consider banning alcohol consumption at bus stops
and on public transportation.
Mr Domingo lbarra, Corpus Christi Police Officer Association president, and Mr. Gilbert
Cortines with G&L Detail spoke in support of the proposed ban. Mr. Cortines also submitted a
petition signed by area businesses and residents in support of the ban. City Secretary Chapa polled
the Council for their votes as follows:
Minutes - Regular Council Meeting
May 9, 2006 - Page 11
23. RESOLUTION NO 026773
Resolution authorizing the City Manager or his designee to petition the Texas Alcoholic
Beverage Commission to grant an order authorizing the City to prohibit the possession of
an open container of an alcoholic beverage within the Central Business District.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney was absent.
* ***********
Mayor Garrett recessed the regular Council meeting to hold a meeting of the Corpus Christi
Housing Finance Corporation (CCHFC)
*,-***********
Mayor Garrett referred to the presentations on the day's agenda. The first presentation was
Item 19. a quarterly update on the city's ADA Title II Transition Plan and the Non -Discrimination
Ordinance. Director of Human Relations Leon Bazar first reported on the ADA Title II Transition
plan, beginning with public facilities improvements. He said Engineering Services had completed
the barrier -removal project for accessibility within 26 city public facilities. The Committee for
Persons with Disabilities, in coordination with Engineering Services, was reviewing the prioritization
of street and curb ramp work identified in the transition plan.
With regards to the accessibility improvements in public programs, Mr. Bazar mentioned that
the Police department, with input from Municipal Court and Human Relations, was preparing a
proposal for voluntary ADA parking monitor program.
Regarding site development improvements, Mr. Bazar stated that the Human Relations
department continued to identify participants to send to the State of Texas Academy on Texas
Accessibility Standards through the Texas Department of Licensing and Regulation (TDLR).
Currently, he said six employees had been rotated into the academy, with one more scheduled to
attend the next class.
With regards to outreach improvements, Mr. Bazar stated that the Human Relations
department continued to provide training on diversity awareness, sensitivity, and People First
language to new employees, Customer Service employees, and Supervisory Training participants.
In addition; he said Mr. Aaron McCullough with the Disability Law Research Project provided a
three-day ADA Technical Assistance training session for city departments.
Regarding citywide curb ramp improvements, Mr. Bazar reported that the city had currently
identified 24 specifically defined ADA curb ramp projects or ADA related path of travel projects
under Bond 2004. As of January 31, 2005, he said 17 projects were in the design phase and seven
projects were in the preliminary project phase. In total, he said the city will have spent approximately
$125 million on ADA street improvements using TxDOT, CDBG, Bond 2000, Bond 2004, and 2004
CIP drainage funds
Mr Bazar briefed the Council on ADA complaints filed under the city's Non -Discrimination
ordinance. He said a total of 645 complaints were filed based on disability in this quarter, 642 of
which were related to city public facilities and programs. Mr. Bazar stated this represented a
significant increase, noting that 142 complaints were lodged from February 2004 to April 2005
versus 865 complaints from April 2005 to January 31 2006
Minutes - Regular Council Meeting
May 9, 2006 - Page 12
Mr Bazar described the types of ADA complaints filed under the Non -Discrimination
Ordinance as follows: curb ramps not compliant or existent; detectable warnings inexistent;
hazardous vehicular way unidentified; off -spec truncated domes in use; accessible parking
inexistent or not compliant; and parks were inaccessible. Mr. Bazar discussed the department's
resolutions to a number of ADA accessibility complaints.
Mr Bazar discussed the Human Relations department's role in enforcing non-discrimination
applications relative to employment, fair housing, and places of public accommodation for the Equal
Employment Opportunity Commission (EEOC) and the Department of Housing and Urban
Development (HUD). He described the Human Relations compliance officers' case closure
requirements related to these types of cases.
Mr Bazar provided a brief summary of the Human Relation department's EEOC contract
activity. He said 11 EEOC employment discrimination cases were resolved during this quarter, nine
of which were No Fault Settlements. He said race/national origin constituted 66 percent of the
statute/basis for the discrimination charge. He said the department had approximately 78 EEOC
employment discrimination cases in the investigative and/or mediation stages.
Finally, Mr. Bazar discussed the Human Relations department's efforts regarding the HUD
Fair Housing contract. He said the department closed one HUD Fair Housing case and two housing
complaints this quarter. Currently, they had 10 HUD Fair Housing cases in the investigative and/or
mediation stage.
Mr Garcia asked for information on the city's efforts to address the significant increase in
city program -related complaints. Mr. Bazar replied that a large number of the complaints were filed
by one individual. He said the grievance policy stated that when a person filed a complaint, the
Human Relations staff had 15 days to meet with the individual and provide a proposed resolution.
A written response was provided at the end of the 15 -day period. The individual then had the
option to appeal if desired
Mr Garcia asked if the city could expedite the rate in which citizen requests for ADA ramps
and curb cuts were installed. Mr. Bazar replied negatively, but said the city was working
cooperatively with TxDOT and other entities to find funding for these requests.
Mayor Garrett referred to Item 20, a presentation on the Northwest Branch Library expansion
and renovation by Mr. Ray Torno with Solka Nava Torno Architects. Mr. Torno stated that the
design work had been completed, and the project would be bid in due course.
Mr Torno displayed a site plan of the Northwest Library Expansion site plan. He pointed out
that the expansion would add 5,250 square feet to the existing 7,500 square foot building. To
maximize the projects, he said the bid document included four Additive Alternates for an entry
canopy, pavement overlay. 23 new parking spaces, and a proposed exit drive on the north property
line.
Mr Torno compared slides of the existing floor plan with the new floor plan. He said the new
floor plan would provide a number of functional improvements as follows: improved circulation and
internal traffic flow for patrons and staff; better staff visibility and control from circulation desk; new
main entry is closer to main parking area expanded children and adult collections and activity areas;
enlarged meeting room; larger public restrooms and addition of children and staff restrooms; new
lighting. electrical power computer /data systems; and new HVAC system for better
Minutes - Regular Council Meeting
May 9, 2006 - Page 13
humidity/temperature controls and code compliance.
Mr. Torno reported that the design motif for the library's interior was native flora and fauna.
In addition, he said a proposed exterior elevation with an entry canopy was planned that would
blend in with the current building. The designers also planned to incorporate a wall surface finished
with ceramic tile, hopefully to be integrated with the public art component of the project.
Mr. Torno referred to a chart providing project data on the original building compared with
the addition/renovation. He said the project was scheduled for completion in May 2007, increasing
the total new area to 12,750 square feet: the total project construction budget was $1.3 million.
Mr. Kelly pointed out that one of the main problems with the library was the lack of parking.
He asked how Mr. Torno determined that 23 additional parking spaces would be adequate for the
facility. Mr Torno replied that the 23 spaces exceeded the minimum amount required by the zoning.
He said the number of spaces was also a function of the project budget. Mr. Kelly noted that
additional land was available on the site, and he asked if it would be possible to expand the parking
lot if needed. Mr. Torno replied that expanding the parking lot should be simple to accomplish. Mr.
Kelly said he liked the plan very much.
* ************
Mayor Garrett called for a brief recess to present proclamations.
* * * * * * * * * * * * *
Mayor Garrett called for petitions from the audience. Mr. Gabe Lozano Jr., 4602 Mokry,
spoke in favor of transferring Scott Davison and Brenda Gonzales to their former positions at Oso
Golf Course. Mayor Garrett replied that as he told Mr. Lozano last week, the Council did not get
involved in personnel matters. He advised Mr. Lozano to speak with City Manager Noe.
Mr. Tim Brawley, 374 Meldo Park Drive, representing a number of residents, spoke against
the use of a home on their street as a boarding house. He encouraged the Council to continue their
enforcement efforts against the property owner for the zoning violation. Mr. Scott stated that he and
the Council were committed to ensuring that the property owner complied with the city's existing
ordinances.
Mr Luis Corona, 2805 David, spoke regarding his concern that staff had not repaired a table
at the Broadmoor Senior Center since the request was made in January. He said he had spoken
with city staff about the issue to no avail. Mr. Marez stated that the perception was that city staff was
overlooking the Broadmoor Senior Center's concerns in favor of the larger senior centers. He asked
the City Manager to ensure that the repair was made.
Mr. Abel Alonzo commented that the city had made substantial progress in addressing the
needs of persons with disabilities.
* ************
Mayor Garrett announced the executive session, which was listed on the agenda as follows:
25. Executive session under Texas Government Code Section 551.071 regarding Cause No.
C=06-133, Cody Smithers, Jeff Ozbirn, and Home Sharing Individuals 1-19 at 326 Meldo
Park, Corpus Christi, Texas aka Safeplace vs. City of Corpus Christi, Texas, with possible
discussion and action related thereto in open session.
Minutes - Regular Council Meeting
May 9, 2006 - Page 14
The Council went into executive session.
Mayor Garrett called for the City Manager's report. City Manager Noe reported that
hazardous household waste would be accepted at the J.C. Elliott landfill from 9 a.m. to 3 p.m. this
Saturday. He said the World of Water Celebration would also take place this Saturday from 9 a.m.
to 2 p.mat the Museum of Science and History.
Mr. Noe stated that the following items were scheduled for consideration at next week's
Council meeting: landfill projects; temporary services contract; and three zoning cases, including
the Chili Pepper Properties case.
Mayor Garrett asked if the city had encountered any problems with littering after the Buc
Days parade. Mr. Noe replied city staff used the same process they had used last year, namely
code enforcement officers were present on the parade route, and trash bags were distributed on
the route as well. Assistant City Manager Ron Massey replied that staff had seen a gradual
improvement, but the heavily trafficked areas along Leopard Street and Buc Stadium were still
littered.
Mayor Garrett stated that the Velocity Games organizers had asked permission to place a
40 x 12 banner on top of the coliseum. Mr. Noe stated that staff would speak with them to see if it
could be arranged.
Mayor Garrett called for Council concerns and reports. Mr. Garcia stated that in a recent
City Manager's transmittal packet, staff had provided timelines for the storm water and wastewater
master plans. He stated that there appeared to be issues with upstream and downstream flow
related to the storm water plan. If the city was planning to implement subdivisions and laying storm
water systems, he asked if the developer was responsible for addressing problems upstream or
downstream. Mr. Noe said the master plan would establish who was responsible for the actual
improvements. Mr. Garcia emphasized that the public should have the opportunity to comment on
the proposed storm water and wastewater master plans. Mr. Noe replied that the Council and the
public would be given ample opportunities to comment on the plans.
Mr. Garcia referred to the first quarter platting report submitted by Development Services,
and said that the number of lots and acreage in subdivisions that were on line to come on had not
come on yet. He said the unusually high numbers in the report struck him. City Manager Noe
replied that the Planning Commission had reviewed the platting report; he said staff would look into
t
Mr. Garcia asked staff to discuss the impact of Carole Keeton Strayhorn's letter regarding
the renewal community program. Assistant City Manager Oscar Garcia said the Governor had
approved the extension of a special program for economic development and tax credits to certain
areas in the renewal community. He said the areas were being expanded to the school district as
well.
Mr Garcia asked why the city had asked for a minimum 40 percent local participation and
a maximum of 60 percent for the Broadway Wastewater Treatment Plant project. Assistant City
Manager Ron Massey stated that the 75 percent local participation level could not be met because
of local workload and the need for more outside expertise. Mr. Massey stated that the proposed
timeline was to have the plant online in 2010, but it was subject to change.
Minutes - Regular Council Meeting
May 9, 2006 - Page 15
Ms. Cooper stated that the Buc Days parade was successful this year, but noted that the
parade route was too long. Mayor Garrett stated that the Buc Commission planned to make major
adjustments to the parade route next year.
Ms. Cooper announced that the next town hall meeting would be held on June 12 at the
Northwest Senior Center and hosted by Mr. Kelly. Ms. Cooper also asked if the city had recognized
Mr. Leonard Scott for his Wi-Fi award. Mr. Noe replied that he would make arrangements to
recognize Mr. Scott.
Mr. Scott replied that he had met recently with Assistant City Manager Ron Massey and City
Engineer Angel Escobar regarding SPA 30, a wastewater line near Airline Road and Rodd Field.
He said it appeared the city was close to a resolution, but he asked staff to make every effort to
expedite the process since he felt the city was three weeks away from a crisis.
Mayor Garrett asked if staff had responded to a citizen request in the Buckingham area
regarding the lift station at Staples. Mr. Massey answered affirmatively, saying the paving was
completed. and staff was hiring a fence contractor to put in fencing in the area.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 1:30 p.m. on May 9, 2006.
*************