HomeMy WebLinkAboutMinutes City Council - 05/23/2006 - SpecialI HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the
Special Meeting of the Corpus Christi City Council of May 23, 2006, which were approved by
the City Council on May 30, 2006.
WI NESSEZ H MY' HAND ANI) SEAL. on this the 30th day of May, 2006.
Armando Chapa
City Secretary
SEAL
PRESENT
Mayor Henry Garrett
Mayor Pro Tem John Marez
Council Members:
Brent Chesney
Jerry Garcia
Bill Kelly
Rex Kinnison
Jesse Noyola
Mark Scott
ABSENT
Melody Cooper
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
May 23, 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 Dr. Sam Gutierrez of Cornerstone Church 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 May 16,
2006 and the special Council meeting of May 18, 2006 A motion was made and passed to approve
the minutes as presented.
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Mayor Garrett called for consideration of the consent agenda (Items 2 - 12). Mr. Johnny
French. 4417 Carlton, requested that Item 5 be pulled for individual consideration. Council
members requested that Items 8, 9, and 11 be pulled for individual consideration. A motion was
made and passed to approve Items 2 through 12, constituting the consent agenda, except for Items
5, 8, 9, and 11, which were pulled for individual consideration. City Secretary Chapa polled the
Council for their votes as follows:
2. MOTION NO. 2006-148
Motion approving a service agreement with OneSource Facility Services, Inc., Corpus
Christi, Texas for custodial service for the main police building in accordance with Bid
Invitation No. BI -0068-06 based on best value for an estimated annual expenditure of
$78,516 of which $13,086 is budgeted in FY05-06. The term of the contract 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 Police Department in FY2005-2006 and requested for FY2006-2007.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly. Kinnison, Marez Noyola, and Scott, voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
May 23. 2006 - Page 2
3 MOTION NO. 2006-149
Motion approving a supply agreement with Secor, Houston, Texas for approximately
143,000 feet of polyethylene pipe in accordance with Bid Invitation No. BI -0122-06 based
on only bid for an estimated annual expenditure of $149,610 of which $37,402.50 is
budgeted for FY2005-2006. The term of the contract 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.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent.
MOTION NO. 2006-150
Motion approving the lease of a motor grader with Waukesha -Pearce Industries, Inc.,
Corpus Christi, Texas for the total amount of $141,600, of which $11,800 is budgeted in
FY2005-2006. The award is in accordance with Bid Invitation No. BI -0135-06 and is based
on best value. The term of the lease is for twenty-four months with an option to extend the
lease for up to twelve additional months subject to the approval of the City Manager or his
designee The motor grader will be used by the Park and Recreation Department. Funds
have been budgeted by Parks and Recreation in FY2005-2006 and requested for FY2006-
2007.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent.
MOTION NO. 2006-151
Motion authorizing the City Manager or his designee to execute a Testing Agreement with
Kleinfelder, of Corpus Christi, Texas, in the amount of $59,700 for geotechnical investigation
for the Southside Water Transmission Main Phase 6 Project.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent.
7 a. ORDINANCE NO. 026785
Ordinance appropriating $43,500 from the unappropriated fund balance of the Maintenance
Services Fund No. 5110 for the Police Department Chilled Water Plant Upgrade - 2006;
amending the FY2005-2006 Annual Operating Budget adopted by Ordinance No. 026385
by increasing appropriations by $43,500.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye": Cooper was absent.
Minutes - Regular Council Meeting
May 23, 2006 - Page 3
. MOTION NO. 2006-152
Motion authorizing the City Manager or his designee to execute an engineering services
contract with Stridde Callins & Associates, of Corpus Christi, Texas in the amount of
$43,500 for the Police Department Chilled Water Plant Upgrade - 2006.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent.
10. ORDINANCE NO. 026789
Ordinance authorizing the City Manager or his designee to execute a Participation
Agreement for the street improvements to Elvis Drive with ONAC Developers, Inc.,
Developer of Graceland subdivision, located south of Slough Road and east of Rodd Field
Road, of which the City's share of cost shall not exceed $54,039.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye"; Cooper was absent.
12. ORDINANCE NO. 026790
Granting to the CC Digital Community Development Corporation a non-exclusive franchise
to operate, maintain, construct, extend, and upgrade facilities of the City of Corpus Christi
Citywide Integrated Wi-Fi Network in the Public Rights -of -Way. (First Reading - 4/25/06)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye";
Cooper was absent
Mayor Garrett opened discussion on Item 5 regarding the beach festival permit for the "C
Sculptures" event. Mr. Johnny French, 4417 Carlton, spoke regarding his concerns that the
cumulative effects of the C -Sculptures event, Spring Break, and planned beach maintenance would
endanger the Piping Plover habitat north of Zahn Road. He asked the Council to reconsider their
decision to close the beach south of Packery Channel so special events could be held on that
portion of the beach instead. City Secretary Chapa polled the Council for their votes as follows:
5. ORDINANCE NO. 026784
Ordinance authorizing the execution of a beach festival permit and contract with Clear
Channel Broadcasting, Inc. for "C Sculptures, " on the Gulf Beach at Newport Pass County
Park.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye" Cooper was absent
Mayor Garrett opened discussion on Item 8 regarding emergency repairs to the
Development Services Center's chiller Mr. Garcia asked if the air conditioning unit was part of the
initial system put in when the center was renovated. Assistant Director of Engineering Services
Kevin Stowers replied that new chillers were installed when the city originally occupied the building
three years ago. Mr. Garcia asked if the city still had a maintenance agreement with the contractor
for the system. Mr Stowers replied negatively, saying that the one-year warranty had already
Minutes - Regular Council Meeting
May 23 2006 - Page 4
expired. City Secretary Chapa polled the Council for their votes as follows:
8 ORDINANCE NO. 026786
Ordinance appropriating $36,400 from the unappropriated fund balance of the Maintenance
Services Fund No. 5110 for the Development Services Emergency Chiller Repairs - 2006;
amending the FY2005-2006 Annual Operating Budget adopted by Ordinance No. 026385
by increasing appropriations by $36,400.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye": Cooper was absent.
Mayor Garrett opened discussion on Item 9.a. regarding a Sanitary Sewer Trunk Force Main
and Lift Station Construction and Reimbursement Agreement for a Master Plan Lift Station. Mr.
Garcia asked if the city was planning to reimburse the developers along South Fork or Greenfields
by the Bay. Assistant Director of Development Services Mary Frances Teniente replied affirmatively.
She said the current issue addressed problems with a previous agreement with the developer for
South Fork Unit 5, which was executed and approved on May 24, 2005. She said that particular
developer did not adhere to the terms of the agreement. Subsequently, she said the city had to
discuss the agreement with the South Fork Unit 4 developer whose development was also impacted
by the lift station. She said the new developer agreed with the terms, and the previous developer
had signed a release from the terms of the agreement.
In response to Mr. Garcia's question on Item 9.b., Ms. Teniente stated that the lift station's
affected area included both platted lots and undeveloped area, so the area had not reached its
ultimate development at this point. She said a number of new developments would benefit from the
lift station. Mr. Garcia asked if she thought that approximately 200 to 300 lots were coming on line
in this area Ms. Teniente replied affirmatively.
City Secretary Chapa announced that the ordinance in Item 9.a. needed to be amended to
change the words "and reappropriating" to "which appropriated". Mr. Scott made a motion to amend
the ordinance as stated by Mr. Chapa, seconded by Mr. Kinnison, and passed. City Secretary
Chapa polled the Council for their votes on the ordinance as amended as follows:
9.a. ORDINANCE NO. 026787
Ordinance repealing Ordinance 026277; adopted on May 24, 2005,
which appropriated $975,210.63 to the Sanitary Sewer Trunk System Trust Fund No.
250410-4220 for the reconstruction of the existing Master Plan Lift Station No. 1047
(Greenfields by the Bay). located east of Rodd Field Road and south of Wooldridge Road,
with 12 -foot diameter wet well and 3,850- linear feet of 12 -inch Force Main, easement
acquisition and related appurtenances for the Greenfields by the Bay Service Area.
An emergency was declared, and the foregoing ordinance was passed and approved as
amended with the following vote Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola,
and Scott, voting "Aye Cooper was absent.
Minutes - Regular Council Meeting
May 23, 2006 - Page 5
9.b. MOTION NO. 2006-153
Motion approving the Sanitary Sewer Trunk Force Main and Lift Station Construction and
Reimbursement Agreement submitted by Al Development, Inc., owner and developer of
South Fork Unit 4 Subdivision for the reconstruction of the existing Master Plan Lift Station
No 1047 (Greenfields by the Bay), located east of Rodd Field Road and south of
Wooldridge Road, with 12 -foot diameter wet well and 3,500 -linear feet of 12 -inch Force
Main, easement acquisition and related appurtenances.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent.
9.c. ORDINANCE NO. 026788
Ordinance appropriating $975,210.63 from the Sanitary Sewer Trunk System Trust Fund No.
250410-4220 to pay Al Development, Inc. for the reconstruction of Master Plan Lift Station
No 1047 (Greenfields by the Bay) with 12 -foot diameter wet well and 3,500 -linear feet of 12 -
inch Force Main. easement acquisition and related appurtenances for the Greenfields by the
Bay Service Area, located east of Rodd Field Road and south of Wooldridge Road.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye Cooper was absent.
Mayor Garrett opened discussion on Item 11 regarding a lease agreement for the Texas
International Yacht & Jet Plane Show. Mr. Kinnison expressed concern about a provision in Section
6 of the contract, which would allow the lessee to pay 10 percent of profits in lieu of Marina rental
fees. He said the lease agreement did not define a "net profit", and in addition, he thought it would
be easier to base the amount off of gross profits as opposed to net profits. He asked staff to
consider reworking the agreement City Manager Noe stated staff could withdraw the item and
resubmit it for Council consideration next week. The Council concurred with City Manager Noe's
suggestion to withdraw the item.
11. WITHDRAWN
Mayor Garrett noted that the boat show planned to have a gated entrance at the T -Head
where they would charge admission. He asked City Attorney Fischer check into the legality of this
plan.
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Mayor Garrett referred to Item 13 a., and a motion was made, seconded and passed to open
the public hearing on the following issue:
Minutes - Regular Council Meeting
May 23, 2006 - Page 6
13.a. Public hearing to consider amending the City's Comprehensive Plan by amending the Master
Sanitary Sewer Plan (Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi)
and rescinding the SPA 30 Sub Basin Sanitary Sewer Master Plan, by approving and
adopting the Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Sub
Basin SPA 30.
City Secretary Chapa noted that the ordinance was listed on the agenda as a first reading
ordinance. He said staff was recommending, however, that the ordinance be passed on an
emergency basis
City Engineer Angel Escobar reported that this was the first of 12 sub -areas staff
recommended amending in the Wastewater Collection System Master Plan. The area was in the
southeastern portion of the city, bounded by Saratoga Boulevard, Oso Creek, Cayo del Oso, and
Airline/Rodd Field/Yorktown area. He noted that the SPA 30 trunk main was currently under
construction. He said this master plan amendment was needed in response to subdivision
development occurring in the southern area of the City. He introduced Mr. Dan Leyendecker with
LNV Engineering who would be making a detailed presentation.
Mr. Leyendecker displayed a slide with maps outlining the existing master Plan, adopted in
1983, and the proposed master plan. He said the proposed master plan allowed for a net increase
of 330 acres. The proposed plan incorporated aspects of numerous adopted plans, including the
Southside Area Development Plan and the adopted Future Land Use Map. In addition, he said staff
incorporated comments obtained through interviews with Development Services staff and requests
from the local engineering community. Finally, he said the team used aerials to validate the rooftop
counts and land use densities in the area
Mr Leyendecker discussed the differences between the existing master plan and the
proposed master plan. First, he said the service area boundaries in the proposed master plan were
more clearly defined for each lift station. Second, he said the proposed master plan included four
lift stations as opposed to three in the 1983 Master Plan. Third, he said the city's Adopted Future
Land Use plan (2005) was incorporated into the proposed master plan. Fourth, he said the city's
2003 LIDAR elevation data was incorporated into the proposed master plan to more correctly
represent the sub -basin's topography. He also pointed that a southern portion of the existing master
plan was originally intended for a southside wastewater plant. He said the proposed master plan
considered this area as low density residential.
Mr Leyendecker stated that he tried to make the master plan fairly flexible, so it could meet
the city's requirements and the developer's needs. He said the lift station phasing, for example, was
based on platted land area, not population. Mr. Leyendecker then showed a chart depicting the lift
station phasing for Lift Station #14 and Lift Station #13 in more detail.
In conclusion, Mr. Leyendecker stated that the SPA 30 Master Plan was based on and was
consistent with the City of Corpus Christi's adopted plans. He said the proposed plan was flexible
enough to accommodate the pace of the development community while meeting the city's
requirements.
Mr. Scott asked who would pay for the construction of Lift Station #14. Assistant Director
of Development Services Mary Frances Teniente stated that the developer would pay for the
infrastructure up front, and then the city would reimburse the developer. Mr. Scott stated that he felt
it would have been inappropriate to ask the developer to pay for the lift station.
Mr Scott asked staff to explain their rationale for reworking this master plan. Mr.
Leyendecker stated that the last update to the master plan in 1983 only changed the boundaries.
Minutes - Regular Council Meeting
May 23, 2006 - Page 7
Before then. the last plan that used land densities was in 1973. At that time, he said the entire area
was coded as low density residential. and used five people per acre as the average standard. The
proposed master plan updated the plan to better reflect the current density of the southside, an
average of three persons per dwelling unit. City Manager Noe added that the city was
recommending the master plan amendments to this and the other 12 areas because of the level of
development pressure in those areas. As such, he said staff wanted to ensure that the master plans
were up-to-date and usable for the development community.
in response to Mr. Scott's question, Mr. Escobar replied that the additional lift station being
proposed was Lift Station #13 at the end of Slough Road. Mr. Scott asked if Lift Station #13 was
eligible for 100 percent reimbursement out of the trust fund. Mr. Escobar answered affirmatively.
Mr. Scott asked if there were sufficient funds in the trust fund. Ms. Teniente replied that the funds
were in the trust fund, but noted that on April 2005. the Council passed a resolution to suspend
applications to the trust fund until a new program was approved and reviewed. Mr. Scott remarked
that it was contradictory if the city saying the lift station expenses were 100 percent reimbursable
when the developers were not allowed to apply for the funds. City Manager Noe acknowledged that
the city recognized the need to refund the reimbursement system and was working on a plan.
Mr Scott stated that the talk among the developers south of Saratoga was that they had
purchased land in that area based on a certain set of plans. The developers made substantial
progress on their projects, only to have the city change the plan in the middle of the game with a
dramatic price increase. Mr Leyendecker stated that he did not see how the developers' costs were
going to increase dramatically. Ms. Teniente added that the River Bend Lift Station had $1.8 million
reserved in the trust fund for that developer's costs, and the developer applied for the funds before
the suspension of applications went into effect. Although the project was still in the design phase,
she said if there was a substantial increase over this cost, the city could look at the phasing of the
pump to address it. Mr. Scott stated that he did not want to vote on anything until these issues were
resolved because he said there were too many uncertainties. Mr. Noe replied that staff could not
implement or discuss a plan with developers unless the Council adopted it.
Mr Scott asked for the construction cost of the existing lift station compared with the
proposed lift station. Ms. Teniente replied that the current application submitted was for a total of
$1.6 million. and the city had reserved $1.8 million for expenses. Mr. Leyendecker stated that while
he had not performed a cost analysis, he said the only changes proposed for the new lift station
were the larger size of the pumps and the increased depth (18 inches) of the lift station. Mr. Scott
noted that the city had allocated an additional $200,000 for the new lift station, and he asked if this
would cover the expense. Mr. Leyendecker replied that he thought $200,000 would cover the costs.
Mr Garcia stated that while he thought the Mr. Leyendecker's plan was technically sound,
he wanted to know how the city could ensure that the contractors adhered to the plan specifications
without a breakdown of the system. He thought the city was having inherent problems with going
to the developers, and this problem had manifested itself in the system breakdown between
Yorktown Boulevard and Slough Road. City Engineer Escobar replied that this master plan would
provide the guidelines and the capacity that Development Services needed to approve the
subdivisions being platted in this area. He said that as the construction for the SPA 30 gravity sewer
line progressed, the contractor was responsible to meet the specifications for grade, slope, and
condition of backfill. He said Development Services would approve the plans being submitted for
a subdivision or a trunk trust main reimbursement, which would then be approved and brought to
Council so the plans could be bid and constructed. He said the city relied on the bonding,
inspections and consultants to ensure that the contractors would fulfill their obligations according
to the plans.
Mr Garcia stated that the city had to address the inadequate funding for the city's trust fund.
Minutes - Regular Council Meeting
May 23, 2006 - Page 8
He said he and other Council members knew experts who would be willing to assist the city in
developing a new funding plan. He said that the city was being unfair to the developers by not
having a good funding plan in place. Mr. Noe replied that the city needed to address the process
as well as the funding issue. He said this was the first time the city had developers constructing
infrastructure that multiple developers relied on, creating an unusual set of circumstances. He said
the city needed to step back and learn the lessons because it was not a positive experience for the
city or the developer. Acting Director of Development Services Michael Gunning added staff needed
to better monitor the new developments going in to ensure that they were consistent with the
Infrastructure the city was planning
Mr Kelly stated that he understood that the trust fund worked by reimbursing developers only
for the excess capacity the city was demanding to comply with our land use plans. If the developer
was responsible for paying for the infrastructure needed for his development, then he asked why
the city was reimbursing the lift station projects at 100 percent. Mr. Gunning replied that this was
normally how the system worked, but Ms. Teniente added that the Council approved an ordinance
in 2003 that allowed for 100 percent reimbursements for lift stations, trunk mains, and force mains.
Mr. Kelly asked how staff determined which projects were funded at 100 percent. City Manager
Noe replied there was a system of reimbursement based on the type of facility, whether it was
oversize or overdepth, and for critical infrastructure items such as force mains and lift stations.
Mr Kelly stated that he understood there was tremendous pressure to develop this area
because of the growing population, and he understood why it was a high priority. He said, however,
that he would like to see the 100 percent reimbursement for developments in Flour Bluff and the
Northwest area as well. He noted that the city had exhausted its trust fund to pay for these
development. City Manager Noe replied that staff had identified 12 areas that required updates to
the master plans to provide for future use, including areas in Flour Bluff and the Northwest. He
noted that the Northwest wastewater master plan had been completed within the last two year, so
It was relatively up to date Mr. Leyendecker stated that the proposed updates to the Flour Bluff
area plan would be brought to the Council before December 2006
Mr Scott asked for a timeline on the trust fund financing issue. City Manager Noe replied
that staff was working on a number of funding options, and had talked with several individuals about
serving on an advisory group. He said staff should have a proposed plan ready within the next three
or four months.
There were no comments from the public. Mr. Garcia made a motion to close the public
hearing, seconded by Mr. Scott.
City Secretary Chapa announced that staff had requested that the ordinance be considered
on an emergency basis rather than on two readings. City Secretary Chapa polled the Council for
their votes as follows:
Minutes - Regular Council Meeting
May 23. 2006 - Page 9
13. ORDINANCE NO. 026791
First -Reading Ordinance —A- amending the City's Comprehensive Plan by amending the
Master Sanitary Sewer Plan (Master Sanitary Sewer Plan for the Southern Portion of Corpus
Christi) and rescinding the SPA 30 Sub Basin Sanitary Sewer Master Plan, by approving and
adopting the Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Sub
Basin SPA 30; and providing for an effective date.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye"; Cooper was absent.
Mayor Garrett referred to Item 14.a., and a motion was made, seconded, and passed to
open the public hearing on the following issue:
4.a. Public hearing to consider amending the Platting Ordinance of the City of Corpus Christi by
adding the authority to delegate duties under the Platting Ordinance and specifying authority
for signing plats by a professional engineer employed by the City.
City Manager Noe explained that the proposed amendment would improve the efficiency of
the platting process by delegating certain plat authority to the Development Services Engineer with
respect to approval and recordation of plats. Acting Director of Development Services Michael
Gunning added that the proposed amendment would transfer the authority from the Director of
Engineering Services (Angel Escobar) to the Development Services Engineer (Mary Frances
Teniente).
Mr. Garcia stated that while he was in favor of expediting the platting process, he wanted
to ensure that platting process would be contained within the Development Services department.
He also wanted the ordinance to clearly state who had the final authority on the platting process.
Mr. Escobar pointed out that Section III. H. 1. k) (1) of the ordinance identified the Development
Services Engineer by title Mr. Gunning assured Mr. Garcia that the Development Services
Engineer had an office in the Development Services Center.
In response to Mr. Chesney's question, City Manager Noe replied that the Development
Services Engineer had final approval authority. Mr. Chesney said if the intent of the ordinance was
to give the Development Services Engineer the final authority on plats, then he was in favor of the
change. He thanked staff for the proposed change because it addressed one of his concerns about
the Development Services department.
There were no comments from the audience. Mr. Garcia 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:
Minutes - Regular Council Meeting
May 23. 2006 - Page 10
14.b. FIRST READING ORDINANCE
Amending the Platting Ordinance by adding the authority to delegate duties under the
Platting Ordinance and specifying authority for signing plats by a professional engineer
employed by the City; providing a severability clause; providing a repealer clause; and
providing for an effective date.
The foregoing ordinance was passed and approved on its first reading with the following
vote Garrett, Chesney, Garcia. Kelly, Marez, Noyola, and Scott, voting "Aye"; Cooper and
Kinnison were absent.
Mayor Garrett referred to Item 15, and a motion was made, seconded, and passed to open
the public hearing on the following zoning case:
Case No. 0406-09, Christus Spohn Health Systems: A change of zoning from an "AB"
Professional Office District and "A-1" Apartment House District to a "B-1" Neighborhood
Business District. The property being Bayfront Terrace, Block 4, Lots 10-13, located along
Second Street and approximately 85 feet east of Ayers Street.
City Secretary Chapa said the Planning Commission and staff recommended the denial of
the "B-1" Neighborhood Business District on Lots 10, 11, 12 and 13 and in lieu thereof, approval of
a Special Permit for the parking lot on Lots 10, 11 12 and 13, and subject to a site plan and six (6)
conditions
Acting Director of Development Services Michael Gunning reported that the applicant was
requesting the zoning change to allow for completion of a partially constructed parking lot for the
hospital's use. He stated that the subject property was located along Second Street and south of
Ayers Street. He said the applicant initiated the parking lot construction based on a permit issued
by Development Services, which assumed that the lot was an extension of parking areas for the
Kieschnick House, an apartment development. In fact, he said the parking lot was to be a stand
alone lot for use by Spohn Hospital employees. Once the inconsistency was discovered, he said
the city asked them to stop work on the project, and Spohn complied and applied for a zoning
change
Mr. Gunning stated that the Planning Commission and staff recommended denial of the "B-
1" Neighborhood Business District and in lieu thereof approval of a Special Permit subject to six
conditions. He said Christus Spohn planned to use the parking lot to provide parking for employees
who were housed in the -round building" that had been demolished. He said the "B-1" district
allowed for a stand-alone parking lot, and staff recommended that the Special Permit subject to six
conditions for approval
Mayor Garrett called for public comment. Mr. Kelly Taylor, 1720 Second Street, spoke
against the zoning change His home was located in Lot 6, which was five feet from the right side
of the proposed parking lot. He stated that Christus Spohn was encroaching into the adjacent
residential neighborhood. He was concerned that if the Council approved this zoning change, then
the Future Land Use map of the area would need to be amended to allow for "B-1" zoning, rather
than the approved "A-1" zoning. In addition, he had issues with the lighting, drainage problems,
landscaping, depreciated property values, and traffic the proposed parking lot could generate. He
showed a PowerPoint presentation illustrating his points.
Mr Taylor stated that hospital employees and visitors currently parked along Second Street
in the residential areas. He said that he was unable to park in front of his own home. He and his
roommate had to double-- or triple -park in their driveway. He said he was working with Traffic
Minutes - Regular Council Meeting
May 23. 2006 - Page 11
Engineering to obtain a parking permit to address this issue. Mr. Gunning stated that the street in
front of these homes was a public right-of-way, so on street parking was permitted. He said staff
did not regulate who parked along the street. Mr. Garcia said he could understand why Mr. Taylor
was upset if he could not park on the street in front of his own home. Mr. Kelly stated that Mr.
Taylor's point was that Christus Spohn had already expanded past Ayers Street and into the
neighborhood to the extent that he could not park in front of his home like in other neighborhoods.
Mr. Gunning replied that staff would assist Mr. Taylor's efforts in obtaining parking permits from the
city's Traffic Manager Ricardo Guzman.
In response to Mr. Noyola's and Mr. Marez's question, Mr. Gunning stated that Christus
Spohn initiated construction on the parking lot without a landscaping plan because the original
building permit issued by Development Services did not require it. However, once staff became
aware that the planned uses for the parking lot differed from the uses allowed under the permit, they
asked Christus Spohn to stop construction and seek a zoning change.
Mr Taylor stated that he had documented a number of code violations that had taken place
on the property. Mr. Noe replied that staff could not enforce any code violations until the zoning
change request was finalized.
Mr Noyola was concerned that while Christus Spohn could address most of the issues
related to screening, landscaping and drainage, the proposed parking lot would still detrimentally
affect the property values in the neighborhood.
Mr. Kelly asked Mr. Taylor if he was opposed to the parking lot mainly because the residents
were sensitive to any encroachment across Ayers Street. Mr. Taylor replied affirmatively, saying that
Christus Spohn could have purchased property on Morgan Street to avoid encroaching on the
neighborhood. He said that no matter what Spohn did to the parking lot, it would still negatively
affect the neighborhood's property values
Mr John Bell, 13750 Primavera. representing Christus Spohn Health System, stated that
the project was permitted before Spohn began construction. In Spohn's view, the parking lot was
serving the adjacent Spohn campus; thus, it was being developed for adjacent property use and
complied with the code. Spohn had completed 40 percent of the project when Development
Services notified them that Ayers Street separated the parking lot from Spohn such that the parking
lot was not adjacent. and thus required a zoning change.
Mr Bell stated that due to the major construction in the area, Spohn needed parking spaces
for Finance department employees from 7:00 a.m. to 7:00 p.m. only. At the Planning Commission
meeting when the case was heard, he said that Spohn addressed the drainage issue by confirming
that the drainage for the parking lot would be drained away from Mr. Taylor's residence. In addition,
he said Spohn agreed to landscaping standards exceeding those required in the "B-1" district. The
parking lot would have an ornamental front fence, controlled access, and a screening fence along
the side He introduced Mr Tim Burgunder with Christus Spohn who could also comment on their
plans.
Mr Marez asked Christus Spohn what their future expansion plans were for the area, noting
that the neighborhood was concerned about any further encroachment beyond Ayers Street. Mr.
Bell replied Spohn's master development plans were more toward the west and north of the current
campus Mr. Marez stated that if the Council were to approve this zoning change, he would like to
see the city add at least one more condition added to the six conditions proposed by the Planning
Commission to protect Mr Taylor's property.
Mayor Garrett called for a brief recess to present proclamations. He said the Council would
Minutes - Regular Council Meeting
May 23, 2006 - Page 12
hear petitions from the audience when the meeting resumed. and then continue the discussion on
Item 15. the Christus Spohn zoning case.
* * * * * * * *****
The Council returned from recess. Mayor Garrett called for petitions from the audience. Mr.
Daniel Allen, 823 S. Water St. #5F. spoke regarding his concerns about the Memorial Coliseum
RFP He pointed out that he had made an informational display for public viewing in the rear of the
Council chambers. He also asked for information regarding the zoning change process for a PUD.
Ms. Faryce Goode -Macon with Development Services replied the zoning change process for a PUD
was the same as for any zoning case, and the 20 percent rule would apply (seven Council members
would have to support the zoning change). Mr. Allen stated that it was possible, based on the
property ownership in the area, that the proposed Boardwalk on the Bay project could fail to get
enough Council votes for passage.
Mayor Garrett noted that a number of individuals indicated that they would like to speak
regarding Lakeview Acres. He said city staff was meeting with group now regarding their concerns.
Mr Ram Chavez, 1642 Sandalwood, and Mr. Juan Saenz, chairman of the Mayor's
Committee on Veteran Affairs, invited the Council to attend their Memorial Day ceremonies at 10:00
a.m, Sherrill Park.
Mr Phil Rosenstein thanked the city and the Council for providing exemplary services for
senior citizens in the area.
*************
Mayor Garrett resumed discussion on Item 15, the Christus Spohn zoning case. Mr. Kelly
asked questions regarding Spohn's landscaping plan and screening requirements.
Mr Garcia expressed concern that Mr. Taylor wasn't able to park on the street in front of his
own residence. Mr. Tim Burgunder with Christus Spohn Health System, stated that he had spoken
with Mr. Taylor and offered him a complimentary space in the proposed parking lot with a handheld
remote to control access. He said he had eliminated entrance and exit portals on Ayers Street to
address the concerns of the Del Mar Association about traffic, and quadrupled the landscaping
requirements along the south side of the parking garage.
Mr Burgunder discussed Spohn's problems with parking due to the major construction in
the area. He said he was offering valet parking to patients in the parking lot next to the doctor's
office tower now. and if he was able to move employee parking to another lot, it would relieve the
pressure on that lot. He said Spohn's master plan did not include any development south of Ayers
Street. Finally, he said Spohn had engaged a contractor for the parking lot that claimed to have
obtained the proper permits.
Ms Eleanor Carte, 1726 Second Street, spoke against the zoning change because she felt
the proposed parking lot would devalue her property and generate excess traffic.
Mr Jack Cooper, 510 South Staples, spoke against the zoning change because he was
concerned that Christus Spohn was encroaching upon the residential areas south of their Shoreline
campus
In response to Mr. Noyola's question, Ms. Faryce Goode -Macon with Development Services
replied that the 20 percent rule was not in effect, and she did not think the neighborhood could meet
Minutes - Regular Council Meeting
May 23. 2006 - Page 13
that percentage because Spohn Hospital owns the majority of the property in the affected area.
Mr Marez spoke against the zoning change because he wanted to protect the Del Mar area
neighborhoods. He said he did not want Mr. Taylor's property to become the buffer zone for
Spohn's development.
Mr. Garcia 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:
15. ORDINANCE NO. 026792
Amending the Zoning Ordinance, upon application by Christus Spohn Health Systems by
changing the zoning map in reference to Bayfront Terrace, Block 4, Lots 10-13, (currently
zoned "A-1" Apartment House District and "AB" Professional Office District) by granting a
Special Permit for a parking lot on Lots 10, 11, 12 and 13, and subject to a revised site plan
and six (6) 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, Garcia, Kinnison, and Scott, voting "Aye"; KeIIy, Marez,
and Noyola. voting "No"; Cooper was absent.
*************
Mayor Garrett opened discussion on Item 16 regarding appointments to the Corpus Christi
Reinvestment Zone Number Two Board of Directors. City Secretary Chapa reported that the current
members were as follows: Samuel L. Neal Jr.; Javier Colmenero; Brent Chesney; Rex Kinnison;
John Longoria; Jesse Noyola; Mark Scott; and Melody Cooper. He said the Council could appoint
up to 10 members. Mayor Garrett made a motion to appoint the current members of the Council to
the Board, with the exception of Mr. KeIIy, who had a conflict of interest; and to appoint Mr. Neal and
Mr. Longoria. The motion was seconded. There were no comments from the audience. City
Secretary Chapa polled the Council for their votes as follows:
16. MOTION NO. 2006-154
Motion appointing Henry Garrett, Brent Chesney, Rex Kinnison, Jesse Noyola, Mark Scott,
Melody Cooper, John Marez, Jerry Garcia, John Longoria, and Samuel L. Neal Jr. as City
of Corpus Christi Board Member Representatives to the Corpus Christi Reinvestment Zone
Number Two Board of Directors
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, KeIIy. Kinnison, Marez. Noyola, and Scott, voting "Aye"; Cooper was absent.
Mayor Garrett opened discussion on Item 17 regarding a construction contract for Bond
Issue 2004 Golf Course Improvements for the Gabe Lozano Senior Golf Center. City Secretary
Chapa noted that the item needed to be amended to show that Golf Course Builders International
Inc.. the contractor. was from Baton Rouge, LA not from Gainesville, FLA. Mr. Kinnison made a
motion to amend the item as stated by City Secretary Chapa, seconded by Mr. KeIIy, and passed.
City Engineer Angel Escobar reported that the city had received bids for the golf course
improvements. He referred to a handout that outlined the construction schedule for the project. He
said the construction for the Back Nine would begin in June. The entire golf course would be closed
Minutes - Regular Council Meeting
May 23, 2006 - Page 14
during July through September. The Front Nine would begin construction in October. He said the
parking lot would be completed in September.
Mr. Escobar reviewed the proposed base bid improvements as follows: resurfacing of
existing parking lot and entrance drive; landscape plantings around perimeter of parking lot and
entrance drive; resurfacing of all 18 existing putting greens and the existing practice green; a new
chipping green; perimeter bare area renovation to include additional irrigation and regressing;
drainage improvements at No. 1 tee, No. 10 tee, and No. 14 fairway; resurfacing of all tees and
expansion of selected teeing areas; fairway expansion and additional bunkers on No. 6 fairway, No.
12 green, and at No. 17 fairway and green; reconfiguration of bunkers at No. 13 green; additional
grass bunker on No. 15; Lakeshore expansion and shoreline stabilization on Nos. 1 and 9; and re-
routing of cart path on No. 10 fairway landing area and from No. 9 Executive and clubhouse.
In response to Mr. Marez's question, Parks and Recreation Director Sally Gavlik stated that
staff would be offering golfers different discounted packages for Oso Golf Course and/or to combine
the driving range and the Executive 9 at the Gabe Lozano Course. She said staff acknowledged
that revenues would decrease during the construction period, but was making an effort to retain
business.
Mr. Marez stated that the Pharaoh Country Club golf course was for sale, and he suggested
that staff look into purchasing the course for future use. He said it might be better to purchase an
existing course rather than build a new course. City Manager Noe replied that staff would provide
him with a report on the idea.
Mr Kelly stated that if the city were planning to build another municipal golf course, he would
like to see a site in the Northwest area.
There were no comments from the public. City Secretary Chapa polled the Council for their
votes as follows:
17. MOTION NO. 2006-155
Motion authorizing the City Manager or his designee to execute a construction contract with
Golf Course Builders International, Inc., of GainesvjfieFlarida Baton Rouge, Louisiana in
the amount of $1,197,453 for the Bond Issue 2004 Golf Course Improvements (Existing
Courses) project for Gabe Lozano Senior Golf Center. (BOND ISSUE 2004)
The foregoing motion was passed and approved as amended with the following vote:
Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper
was absent
Mayor Garrett opened discussion on Item 18 regarding a code amendment to provide a
truck route on Parr, Ahern, and Bluntzer Streets. Assistant Director of Engineering Services Kevin
Stowers explained that Traffic Engineering received a complaint from a resident about truck traffic
on Parr Street generated by Gulf Compress, a cotton bale storage and distribution center. He said
staffs review indicated that the area had been re -zoned residential, and truck traffic was prohibited
on the surrounding streets. After speaking with Gulf Compress representatives, staff determined
that the layout and design of the compress necessitated the use of residential streets during the
cotton season. He said the facility handled approximately 60 percent of the cotton in the southern
third of the state that is shipped out of the Port of Corpus Christi.
Mr Stowers stated that 37 property owners were notified; of the 37 owners, two expressed
Minutes - Regular Council Meeting
May 23. 2006 - Page 15
concern about children's safety, one was opposed, and one had no objections. He said the
Transportation Advisory Committee recommended unanimous approval of the ordinance with the
condition that cautionary signage be erected to slow traffic down.
Mr. Stowers stated that a property owner who signed up to speak at the Transportation
Advisory Committee meeting did not hear his name called during the public hearing. The gentleman
provided 15 signatures in opposition to the ordinance, but some of the signers did not live on the
street in question. Legal counsel determined that this did not affect the validity of the public hearing.
In conclusion, Mr. Stowers said staff and the Transportation Advisory Committee recommended
approval of the ordinance as amended.
In response to Mayor Garrett's question, Mr. Stowers said the cotton season extended from
August to October or November.
Mayor Garrett asked for public comment. Mr. Francisco Garcia, 221 Parr, stated that he was
the gentleman who did not hear the call for public comment at the Transportation Advisory
Committee meeting. He said his home was directly in front of the entrance/exit driveway to the
warehouse. located at the midpoint of Parr Street. He spoke against the request to allow heavy
truck traffic on Parr. Ahern. and Bluntzer Streets because of the noise and dust generated by the
trucks.
Mr. Kelly asked if the city planned to upgrade the said streets to better handle the heavy
truck traffic. Mr. Stowers answered negatively, but noted that the streets had been carrying the
traffic since the 1920s when the cotton plant was constructed.
In response to Mr. Kelly's question, Mr. Stowers said Gulf Compress had looked at other
options before asking for this code amendment, including acquiring private property or building a
private road, but were unable to finalize them. Besides closing the facility, Gulf Compress had no
other options at this point. Mr. Kelly asked if Gulf Compress had any plans to phase out the facility.
Mr. Stowers answered affirmatively, saying that Gulf Compress eventually planned to expand their
La Quinta facility and close this plant.
Mr Kelly stated that the neighborhood needed more protection besides signage. Mr.
Stowers concurred, saying that staff could speak with the residents to explore the issue. At this
point, he said the city was limited in terms of street improvement funding that was not included in
a bond project.
Mr. Garcia asked if Gulf Compress could construct a concrete entrance and exit to mitigate
the dust problem Mr. Bob Weatherford, CEO of Gulf Compress, 201 N. 19th Street, replied that the
street exit on Parr Street was made out of concrete. He explained the history of his company's
attempts to acquire right-of-way from Union Pacific Railroad and from a homeowner to no avail. He
said the plant used to be serviced by rail, but Tex-Mex Rail ceased servicing them. He said the only
sites that were serviced by rail were their Port Plant and La Quinta Plant. He explained that the
company hoped to double their business at the La Quinta site and then expand that site, but at this
point the 19th Street site would have to remain in operation. City Secretary Chapa polled the Council
for their votes as follows:
18. FIRST READING ORDINANCE
Minutes - Regular Council Meeting
May 23, 2006 - Page 16
Amending the Code of Ordinances, City of Corpus Christi, Chapter 53, Traffic, revising
Section 53-251, Schedule II by adding the category "Other Through Streets"; by adding Parr
Street, from Comanche Street to Ahern Street, Ahern Street, from Parr Street to Bluntzer
Street, and Bluntzer Street, from Ahern Street to Agnes Street; providing for penalties.
The foregoing ordinance was passed and approved on its first reading with the following
vote Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye";
Cooper was absent
*************
Mayor Garrett referred to Item 19, a presentation on the Crime Control and Prevention
District Quarterly Project update. Acting Chief of Police K.A. Bung reported that the Crime Control
District's financial projections for the remainder of FY 2005-06 looked healthy. He said Police
department staffing was much improved. The last police academy yielded 29 cadets, and 21 cadets
were in the current academy and due to graduate in October. In total, the Police department would
have 445 officers, just three officers below budgeted strength. He said the Police department
planned to request an academy of 25 cadets in January, and hoped to receive funding. Thanks to
an aggressive recruitment campaign, he said the department had more applicants now than at the
same time before the last academy.
Chief Bung said that staff needed Council direction on when to hold the next Crime Control
District election, either in April 2006, April 2007 or November 2007. In addition, staff needed
direction on whether the Council wanted a five-year or ten-year renewal period.
Mr Butch Pool, president of the Crime Control District Board, reported on the status of the
FY 2005-06 budget. He said that the district was currently 75 percent into the budget year.
Expenditures were at 71 percent of budget, and revenues had increased over three percent over
projections. He noted that the Pawn Shop Detail was fully funded. He said the district continued
to focus on Core Programs like the Juvenile Assessment Center, the Pawn Shop Detail, and funding
for 50 police officers. In addition, he said the district continued to focus on long-term fiscal
responsibility and control.
Mr Pool discussed the proposed FY 2006-07 budget. He said total expenditures were
projected at $4,756,050, including increases in personnel (three percent), group insurance (ten
percent) and self-insurance (eight percent). He said total revenues were projected at $4,685,495,
assuming a 3.5 percent revenue increase. The ending fund balance was projected to be
$2,007,843
Mr Pool discussed the FY 2006-07 budget calendar as follows: May 2 — CCD public hearing
and budget adoption; June 13 — City Council public hearing; and June 27 — City Council approves
or rejects CCD budget
As Chief Bung mentioned, Mr. Pool stated that the Crime Control District Board had planned
for a November 2006 election unless otherwise directed by the Council. The Board was also
recommending a ten-year renewal period.
Commander Bryan Smith reported on the status of the 2005 Project Report. He discussed
the progress of the pawn shop detail, directed patrol program, bicycle patrol program, walking
motors patrol program, Campus Crimestoppers Program, and the Juvenile Assessment Center.
Regarding the Pawn Shop Detail, he said since November 2005, 296 items were recovered that
were valued at $203,300, compared with only $38,118 at the same time last year.
Minutes - Regular Council Meeting
May 23, 2006 - Page 17
Regarding the Campus Crimestoppers Program, Commander Smith said that the program
would be expanded during the FY 2006-07 school year to include Robstown, Banquete, Agua Dulce,
Driscoll, and Bishop ISDs. In addition, he said Miller High School and Driscoll Middle School were
named "Programs of the Year" by the state.
Regarding the Juvenile Assessment Center, he said the year-to-date intakes were 702, with
an active caseload of 95 juveniles. He said they were currently compiling the annual report. He
announced that Superintendent Mariah Boone had left the city's employ on May 12th, and Lisa Oliver
and Beth Hartman with the Parks and Recreation department were assisting in her absence.
Mayor Garrett discussed the timing of the Crime Control District election. City Secretary
Chapa stated that if the election were held in November 2006, it would be the only city issue on a
long ballot. If the election were held in April, then the city could combine costs for the election. The
Council concurred that that election should be held in April 2007 for a ten-year renewal period. Staff
then responded to Council questions about the Police Athletic League (PAL) and Pawn Shop Detail.
*r***********
Mayor Garrett called for the City Manager's report. City Manager Noe reported that the
following items were scheduled for consideration at next Tuesday's meeting: proposed FY 2006-07
budget; final increment bond issuance for Packery Channel, including a Reinvestment Zone Board
and North Padre Investment Board meetings; three tax abatements for downtown housing projects;
a natural gas supply contract; and the award for the Cimarron Phase 2 project, which came in under
budget.
Mayor Garrett asked City Manager Noe to place the coliseum redevelopment process on the
agenda next week. He also asked for an executive session related to economic development and
lease issues for the coliseum redevelopment.
Mayor Garrett thanked Assistant City Manager Ron Massey and staff for the lift station at
Staples and Yorktown Boulevard. He also thanked staff for fixing the flagpole at Sherrill Park.
Mayor Garrett called for Council concerns and reports. Mr. Noyola asked for a status report
on the construction at Greenwood Senior Center. He also asked if there was a phone number that
persons with disabilities could call for more information on hurricane evacuations. City Manager
Noe replied that he would provide the Council with the phone number; staff was also including a
utility bill insert with more information.
Mr Scott stated that if the Council was going to discuss the coliseum redevelopment
process, he asked staff to provide all the original documents so people could have the full context
of the city's decisions. In addition, he noted that staff had withdrawn the Yacht Show lease item at
Mr. Kinnison's request, and he asked staff to take care not to discourage the owner from putting on
the show.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 1:45 p m. on May 23. 2006.
* * * * * * * * * * *