HomeMy WebLinkAboutMinutes City Council - 04/24/2007I 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 April 24, 2007, which were approved by the City
Council on May 8. 2007.
WITNESSETH M Y HAND AND SEAL, on this the 8th day of May, 2007.
Armando Chapa
City Secretary
SEAL
PREIENT
Mayor Henry Garrett
Mayor Pro Tem Rex Kinnison
Council Members.
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
John Marez
Jesse Noyola
Mark Scott
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
April 24, 2007 - 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 Rafael Garcia of New Song Fellowship Church and
the Fledge of Allegiance to the United States flag was led by Council Member Melody Cooper.
* * * * * * * * * * *
Director of Engineering Angel Escobar briefly informed the Council about the Street
Improvement Projects completed in 2006.
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Mater Garrett called for consideration of the consent agenda (Items 1 - 12). Mr. Abel Alonzo
asked that Item 9 be pulled for individual consideration. Council members requested that Items 4
and 9i'be pulled for individual consideration. City Secretary Chapa polled the Council for their votes
as follows:
1 MOTION NO. 2007-107
Motion approving the purchase/lease purchase of twenty-eight (28) pickup trucks from the
following companies for the following amounts in accordance with Bid Invitation No. BI -0125-
07, based on low bid and low bid meeting specifications for a total amount of $571,408. The
vehicles will be used by Animal Control, Vector Control, Fire Department, Maintenance
Services, Park Operations, Storm Water, Water, and the Wastewater Departments. Twenty-
seven of the vehicles are replacements and one vehicle is an addition to the fleet. Funding
is available in the Capital Outlay Budget of the Maintenance Services Fund and the
respective department operational budgets.
Access Ford, LTD
Corpus Christi, TX
Bid items: 1, 2, 3, 5,
7,9,10,12.13&14
$493,023
Champion Ford
Corpus Christi, TX
Bid Items: 4, 6, 8, & 11
$78,385
Grand Total: $571,408
Minutes - Regular Council Meeting
April 24, 2007— Page 2
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye".
MOTION NO. 2007-108
Motion approving the purchase of one (1) line jetting truck from Chastang's Bayou City Ford,
of Houston, Texas for the total amount of $176,487.21. The award is based on the
cooperative purchasing agreement with the Texas Local Government Purchasing
Cooperative (TLGPC). The truck will be used by the Wastewater Department. Funding is
available in the Capital Outlay Budget of the Maintenance Services Fund. This unit is a
replacement to the fleet
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. 2007-109
Motion approving the purchase/lease purchase of eight (8) heavy trucks from the following
companies for the following amounts based on low bid and low bid meeting specifications in
accordance with Bid Invitation No. BI -0141-07 for a total amount of $631,283.10. The
vehicles will be used by Street, Water, Wastewater and Storm Water. All eight units are
replacements to the fleet. Funding is available in the Capital Outlay Budget of the
Maintenance Services Fund and the respective department operational budgets.
Fleet Pride International
Corpus Christi, TX
4 Units
$333,921.10
Grande Truck Center
San Antonio, TX
3 Units
$231.615
Grand Total: $631,283.10
Access Ford
Corpus Christi, TX
1 Unit
$65,747
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
RESOLUTION NO. 027231
Resolution authorizing the City Manager or his designee to submit a Juvenile Accountability
Block Grant application to the State of Texas, Office of the Governor, Criminal Justice
Division in the amount of $10,772.77 for theft prevention program for the Municipal Juvenile
Court, with a City match of $1,196.97 in the No. 1020 General Fund, and total project cost of
$11,969.74
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
RESOLUTION NO. 027232
Resolution approving the submission of a grant application in the amount of $65,914 to
the State of Texas, Office of the Governor, Criminal Justice Division for first year funding
of a Sex Offender Investigative Unit grant in the Police Department with a City match of
$21,564, for a total grant application of $87,478, and authorizing the City Manager or his
designee to apply for, accept, reject, alter or terminate the grant.
Minutes - Regular Council Meeting
April 24 2007- Page 3
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye".
7 RESOLUTION NO. 027233
Resolution approving the submission of a grant application in the amount of $496,519 to the
Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft
enforcement grant within the Police Department for Year 7 funding with a City cash match of
$263,454, for a total project cost of $759,973 and authorizing the City Manager or his
designee to apply for, accept, reject, alter or terminate the grant.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney. Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye".
8 a. RESOLUTION NO. 027234
Resolution authorizing the City Manager or his designee to execute all documents necessary
to accept the Summer Food Service Program grant in the amount of $416,840 from the
Texas Health and Human Services Commission to operate a Summer Food Service
Program for Summer Recreation Program participants ages one to eighteen years.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye".
8 b. RESOLUTION NO. 027235
Resolution authorizing the City Manager or his designee to execute an Interlocal
Cooperation Agreement with Corpus Christi Independent School District (CCISD) to provide
summer food services for Summer Recreation.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
8.c. ORDI=NANCE NO. 027236
Ordinance appropriating a $416,840 grant from the Texas Health and Human Services
Commission in the No. 1067 Parks and Recreation Grant Fund to operate a Summer Food
Service Program for Summer Recreation Participants ages one to eighteen years.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye"
10. ORQINANCE NO. 027237
Ordinance appropriating $18,223.38 into the Library Capital Improvement Program Fund No.
3210 for improvements to the Parkdale Branch Library from the following sources: $6,441.68
from Anita T. Neyland Trust; $11,781.70 from unappropriated interest earnings from the
Library Capital Improvement Program Fund No. 3210; amending FY 2006-2007 Capital
Budget adopted by Ordinance No. 026997 to increase appropriations by $18,223.38.
Minutes - Regular Council Meeting
April 24, 2007- Page 4
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"'
11 MOTION NO. 2007-112
Motion authorizing the City Manager or his designee to execute Change Order No. 6 to the
Northwest Library Expansion Project with Nuway International, Inc., of Corpus Christi, Texas
in the amount of $42,198.36, for a re -stated contract price of $1,470,053.77. (BOND ISSUE
2004)
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye".
12 MOTION NO. 2007-113
Motion authorizing the City Manager or his designee to execute Change Order No. 2 for
removal of concrete rubble and placement of compacted select fill and addition of four (4)
pilasters to Transfer Station tipping floor in the amount of $78,868.60 with Longhom
Excavators. Inc., of Richmond, Texas for the J. C. Elliott Landfill Solid Waste Citizen
Collection Center and Transfer Station.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
Mayor Garrett opened discussion on Item 4 regarding the purchase of replacement mobile
data computers. Council member Kinnison asked questions regarding the cost of the equipment.
City Secretary Chapa polled the Council for their votes as follows:
4 MOTION NO. 2007-110
Motion authorizing the City Manager or his designee to lease purchase two hundred (200)
replacement mobile data computers for Public Safety from Hubb Systems, LLC/Data911
Systems, of St. Charles, Missouri in an amount including interest, not to exceed $1,360,898
over the three-year term. Hubb Systems, LLC/Data911 Systems is a qualified Catalog
Information Systems Vendor with the Texas Procurement Commission. Financing will be
provided by Bank of America.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
Mayor Garrett opened discussion on Item 9 regarding the admission fee for the Velocity
Games. Abel Alonzo, 1701 Thames, requested that the motion be amended to include charging $1
to individuals with disabilities. Ms. Cooper made a motion to amend, seconded by Mr. Garcia, and
passed. Jessica Davila -Burnett, representative of the Velocity Games, answered questions
regarding the previous year's admission fees and success of the event. City Secretary Chapa
polled the Council for their votes as follows:
9 MOTION NO. 2007-111
Motion approving a $5 three-day pass admission fee and/or $3 per day for adult and $1 per
day for military, seniors, children over the age of 7 and individuals with disabilities for the
Velocity Games from May 11 through May 13, 2007.
Minutes -- Regular Council Meeting
April 24. 2007— Page 5
The foregoing motion was passed and approved as amended with the following vote:
Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
Mayor Garrett opened discussion on Item 25 regarding the approval of a Mutual Aid
Agreement for joint response to firefighting and hazardous materials incidents. Fire Chief Richard
Hooks presented this item. U.S. Navy Commanding Officer Captain Tim Coolidge and Base Fire
Chief John Morris spoke in support of the agreement. There was no public comment. City
Secretary Chapa polled the Council for their votes as follows:
25. RESOLUTION NO. 027244
Resolution authorizing the City Manager or his designee to execute an Agreement for Mutual
Aid in Fire Protection, and Agreement for Automatic Assistance, and a Memorandum of
Understanding with the Naval Air Station -Corpus Christi Fire Department for joint response
to firefighting and hazardous material incidents.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper. Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye".
Mayor Garrett referred to Item 13, an update from the Corpus Christi Regional Economic
Development Corporation. Roland Mower; CEO/President of the Corpus Christi Regional Economic
Development Corporation. referred to a powerpoint presentation including: the report and results of
the Alb Openings Survey; the economic impact of unfilled jobs; a strategic plan focusing on the core
areas of industry and new primary business attraction and five key areas for future competitiveness;
and the development of a globally competitive workforce.
Council members asked questions regarding job opening positions; the results of the job
opengs survey; follow up on the economic development summit; potential revenue loss from
unfilled jobs; public awareness; the workforce competitive task force; timeframe of jobs unfilled;
citizens retum from investment to the economic development corporation; and creation of jobs.
Mayor Garrett referred to item 14, a presentation regarding the WorkSource Quarterly
Report and Labor Market Information. Mary Ann Riojas, CEO/President of WorkSource, provided a
powerpoint presentation on the creation of special programs for workforce solutions through
partnerships including: petrochemical industry pilot project; craft training center; career cluster
initiath✓e; youth program apprenticeships; Texas A & M University— Corpus Christi nursing initiative
and math/sciences engineering internships; skills development fund proposal; programs to address
workforce training issues; and funding from the Department of Labor for BRAC to assist individuals
that are laid off or affected by base closures.
Council members asked questions regarding partnership programs; unfilled jobs due to drug
problems; determination of labor force; student outreach to promote awareness of jobs; the National
Board Certification connection to workforce; foster care program services; and partnerships with all
school districts.
Larry Demieville, Planner for WorkSource, referred to a powerpoint presentation regarding
Labor Market statistics including: labor information as of March 2007; employment and
unemployment year to date comparison; labor force and unemployment rate comparison by
Minutes -- Regular Council Meeting
April 24. 2007— Page 6
geographic area; percent of workers employed outside their county of residence; industry year to
date employment and wages statistics for the Metropolitan Statistical Area (MSA); factors that have
impeded job expansion; and available training resources. City Manager Noe added that the results
of survey data were included in the packet. There were no questions from Council.
************
Mayor Garrett recessed the regular Council meeting to hold a meeting of the Corpus Christi
Housing Finance Corporation (CCHFC) at 11:48 a.m.
Mayor Garrett reconvened the Regular Council Meeting 12;25 p.m.
************
Mayor Garrett called for petitions from the audience. Ann Craig, 109 Ashburn Avenue;
Robswn, Texas; spoke regarding indecent advertisement on billboards. Jack Gordy, 4118 Bray,
spoke regarding the City's correspondence with the Texas Department of Transportation on illegal
signs.
k * * * * * * * * * * * *
Mayor Garrett announced the executive sessions, which were listed on the agenda as
follows:
26. Executive session under Texas Government Code Section 551.071 regarding Cause No.
06-469, Bernardina Ybanez, Individually, as Representative of the Estate of Gilberto Limon,
et al vs. the City of Corpus Christi and Officers Albert Villareal and Jesus Cruz, in the United
States District Court for the Southern District of Texas, with possible discussion and action
related thereto in open session.
27. Executive session under Texas Government Code Section 551.071 regarding Title VI
Complaint of Hillcrest Residents Association against the City of Corpus Christi, filed with
Environmental Protection Agency (EPA) and United States Department of Housing and
Urban Development (HUD). with possible discussion and action related thereto in open
session.
The Council went into executive session. The Council returned from executive session and
the following motions were passed with the following vote:
26. MOTION NO. 2007-115
Motion authorizing the City Manager to employ the law firm of Canales & Simonson, P.C. to
provide legal representation to the defendant officers, and Hermansen, McKibben Woosley
& Villarreal, L.L.P to provide legal representation to the City, in Cause No. C 06-469,
Bernardina Ybanez, et al v. City of Corpus Christi, et al, in the United States District Court, at
an hourly rate not exceeding $200, plus expenses, subject to certification of funds.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Chesney and Marez were absent.
Minutes -- Regular Council Meeting
April 24. 2007— Page 7
27 MOTION NO. 2007-116
Motion to execute a professional legal services agreement with Lloyd Gosselink, Blevins,
Rochelle & Townsend, P.C. for assisting the City of Corpus Christi with litigation regarding
the Hillcrest Residents Association Complaint, at an hourly rate of $240, subject to
certification of funds.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Garcia, Kelly, Kinnison, Novola, and Scott, voting "Aye"; Chesney and Marez were absent.
************
Mayor Garrett referred to Item 15, a presentation on Corpus Christi Retail Leakage Study
and Crosstown Commons Project Economic Impact Study. John Bell, Wood Boykin & Wolter, P.C.,
introduced the project team. Chuck May, CBL Team, provided a project overview including a cost of
projected investment and annual taxable sales arid a site plan.
Barbara Bruce, Location Strategies, LLC, referred to a powerpoint presentation regarding the
market review including: the market considerations summary; a map of the proposed center's trade
area end demographics; a sales leakage analysis; a comparison of retail sales versus total income;
review of a consumers survey including research objectives, methodology, and key findings; major
retailer representation and typical second store sales impact.
Drew Masterson, First Southwest Company, and Mr. Bell referred to the powerpoint
presentation regarding: the economics of development including projected sales tax revenues and
projected property tax increments; an overview of the proposed Tax Increment District (TIF) and
Public Improvement District; a map of the proposed TIF District site; and the advantages to the City.
Council members asked questions regarding the leakage analysis including: on-line
shopping, choice of stores, and income categories, projected sales tax revenues; conversations with
other taxing entities within the City; the incentives that other cities have provided to developments;
information on anchor store relocations or additional stores; and payback information on the TIF.
City Manager Noe stated that staff would provide the results of a survey of seven cities that
have provided assistance to retail developments.
Mayor Garrett referred to Items 17 and 18 , and a motion was made, seconded and passed
to open the public hearing on the following street closure:
17.a. Public hearing to consider the closure and abandonment of the following streets:
"Erwin Avenue out of Oak Lawn Subdivision, from Buddy Lawrence Drive to Interstate
Highway 37
*Oak Park Avenue out of Oak Lawn Subdivision, from Buddy Lawrence Drive to Interstate
Highway 37
*Retama Avenue between Oak Lawn Subdivision and Harbor View Estates, from Buddy
Lawrence Drive to the north right-of-way line of Huisache Street
Minutes - Regular Council Meeting
April 24. 2007- Page 8
*Cenizo Avenue out of Harbor View Estates, from Gibson Street to approximately 122 feet
south of Huisache Street
'Cenizo Avenue out of Grace Heights Addition from Grace Drive to the north right-of-way
line of Colima Street
*Maguey Street out of Harbor View Estates from Gibson Street to approximately 122 feet
south of Huisache Street
*Maguey Street out of Grace Heights Addition from Grace Drive to Interstate Highway 37
*Gibson Street out of Harbor View Estates, from Poth Lane to Retama Avenue
"Noakes Street, out of Harbor View Estates, from Poth Lane to Retama Avenue
`Huisache Street, between Grace Heights Addition and Harbor View Estates, from Poth
Lane to approximately 75 feet west of the centerline of Retama Avenue
*Huisache Street. out of Oak Lawn Subdivision, from Buddy Lawrence Drive to
approximately 75 feet east of the centerline of Retama Avenue
*Grace Drive, out of Grace Heights Addition, from Maguey Street to Cenizo Avenue
'Ash Street, between Oak Park Addition and Grace Heights Addition, from Poth Lane to
Retama Avenue and from Retama Avenue to Interstate Highway 37, save and except the
portion of Retama Avenue remaining open
*Colima Street, out of Oak Park Addition, from Poth Lane to Interstate Highway 37.
Debbie Marroquin, Interim Director of Development Services, stated that staff was
recommending approval of the abandonment and vacation of several rights-of-way and utilities
easements in the Oak Park area. Govind Nadkarni, Vice President of Maverick Engineering and
representative for CITGO Refining L.P., said that the Transportation Advisory Committee, the
Corpus Christi Community Advisory Council and the Long Term Health Work Group supported the
street closures and the Hillcrest Neighborhood Association was in communication with CITGO. Mr.
Nadkarni referred to a powerpoint presentation including: an aerial photo of the area; maps of the
Oak Park Area; the benefits to the City, community and the industries; and CITGO's commitment to
the project. He explained that CITGO is requesting the closures to better secure the property
around the refineries and to control access in that area to prevent unauthorized activities.
Council Member Kelly asked questions regarding the zoning of the area; maintenance and
creation of the green belt; communication with the neighborhood; contact with the Leopard Street
Corridor group; and approval from the Hillcrest Neighborhood Association. Abel Alonzo, 1701
Thames, asked Council to accept the recommendation by staff. Mr. Garcia made a motion to close
the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their
votes as follows:
17.b. FIRST READING ORDINANCE
Abandoning and vacating the Erwin Avenue public street right-of-way out of Oak Lawn
Subdivision, from Buddy Lawrence Drive to Interstate Highway 37; Oak Park Avenue out of
Oak Lawn Subdivision, from Buddy Lawrence Drive to Interstate Highway 37; Retama
Avenue between Oak Lawn Subdivision and Harbor View Estates, from Buddy Lawrence
Minutes - Regular Council Meeting
April 24. 2007- Page 9
Drive to the north right-of-way line of Huisache Street; Cenizo Avenue out of Harbor View
Estates, from Gibson Street to approximately 122 feet south of Huisache Street; Cenizo
Avenue out of Grace Heights Addition from Grace Drive to the north right-of-way line of
Colima Street; Maguey Street out of Harbor View Estates from Gibson Street to
approximately 122 feet south of Huisache Street; Maguey Street out of Grace Heights
Addition from Grace Drive to Interstate Highway 37; Gibson Street out of Harbor View
Estates, from Poth Lane to Retama Avenue; Noakes Street out of Harbor View Estates, from
Poth Lane to Retama Avenue; Huisache Street between Grace Heights Addition and Harbor
View Estates, from Poth Lane to approximately 75 feet west of the centerline of Retama
Avenue; Huisache Street out of Oak Lawn Subdivision, from Buddy Lawrence Drive to
approximately 75 feet east of the centerline of Retama Avenue; Grace Drive out of Grace
Heights Addition, from Maguey Street to Cenizo Avenue; Ash Street between Oak Park
Addition and Grace Heights Addition, from Poth Lane to Retama Avenue and from Retama
Avenue to Interstate Highway 37. save and except the portion of Retama Avenue remaining
open; Colima Street out of Oak Park Addition, from Poth Lane to Interstate Highway 37;
subject to owner's compliance with the specified conditions.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Cooper, Garcia, Kinnison, Noyola, and Scott, voting "Aye"; Kelly voting "No";
Chesney and Marez were absent.
18. FIRST READING ORDINANCE
Abandoning and vacating a 18,909.80 -square foot portion of a 10 -foot wide utility easement
out of Lots 2-16, Block 1, and Lots 18-39, Block 1, Grace Heights Addition, and Lots 1-12,
Block 2, Grace Heights Addition; a 1,203.40 -square foot portion of a 10 -foot wide utility
easement out of Lots 1-12, Block 5, Oak Park Addition; a 13,817.60 -square foot portion of a
10 -foot wide utility easement out of Lots 3-4 and Lots 6-8, Block 12, Oak Park Addition
Revised, Lots 1-2 and 7-9, Block 13, Oak Park Addition Revised, Lots 1-12, Block 15, Oak
Park Addition Revised, Lots 1-12, Block 16, Oak Park Addition Revised, and Lots 1-12,
Block 17, Oak Park Addition Revised; a 17,949.60 -square foot portion of a 10 -foot wide
utility easement out of Lots 1-22, Block 1, Oak Lawn Addition, Lots 1-14, Block 2, Oak Lawn
Addition, Lots 1-5 and Lots 10-14, Block 3, Oak Lawn Addition, and Lots 1-22, Block4, Oak
Lawn Addition; a 1.521.10 -square foot portion of a 10 -foot wide utility easement out of Lots
2-4 and Lots 12-14, Block 1, Driscoll Village; requiring the owner, Citgo Refining and
Chemicals Company L.P., to comply with the specified conditions.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Cooper, Garcia, Kinnison, Noyola, and Scott, voting "Aye"; Kelly voting "No";
Chesney and Marez were absent.
Mayor Garrett referred to Item 19, and a motion was made, seconded and passed to open
the public hearing on the following zoning text amendment:
19.a. Public hearing to consider a text amendment to Article 24 "Height, Area and Bulk
Requirements" of the Zoning Ordinance regarding Article 14 "B-2" Bayfront Business District,
maximum square feet area per acre of lot area, floor area factor and maximum number of
units per acre of lot area.
Faryce Goode -Macon, Interim Assistant Director of Development Services, presented this
item. There were no comments from the audience. City Secretary announced that Council Member
Scott was abstaining from the vote on this item. Mr. Chapa polled the Council for their votes as
follows:
Minutes - Regular Council Meeting
April 24, 2007-- Page 10
19.b. ORDINANCE NO. 027238
Ordinance amending Chapter 59 'Zoning,' Article 24 "Height, Area and Bulk Requirements,"
Section 24-1 of the Zoning Ordinance, City of Corpus Christi, to remove the maximum
square feet floor area per acre of lot area, the floor area factor and maximum number of
units per acre of lot area requirements in the "B-2" Bayfront Business District; providing a
penalty clause; providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, and Noyola, voting "Aye"; Scott
abstained; Chesney and Marez were absent.
Mayor Garrett referred to Item 20, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0307-03, Amador Agustin Martinez: A change of zoning from a "B-1"
Neighborhood Business District to a "R -1C" One -family Dwelling District on property
described as extension to South End, Block 11, Lot 4, east of Crosstown Expressway along
the southeast intersection of Brownlee Boulevard and Coleman Street.
City Secretary Chapa stated that the Planning Commission and staff recommended approval
of a "R -1C" One -family Dwelling District
No one appeared in opposition to the zoning change. Mr. Noyola made a motion to close
the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their
votes as follows:
20. ORL INANCE NO. 027239
Amending the Zoning Ordinance, upon application byAmadorAgustin Martinez, by changing
the zoning map in reference to 0.152 acres, Lot 4, Block 11, extension to south end, from "B-
1" Neighborhood Business District to "R -1C" One -family Dwelling District; amending the
Corrprehensive Plan to account for any deviations from the existing Comprehensive Plan;
providing a repealer clause: providing a penalty; providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye";
Chesney and Marez were absent
Mayor Garrett referred to Item 21. and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Cast No. 0307-05, Cleannwire US LLC: A change of zoning from a "R -1B" One -family
Dwelling District to a "B-1" Neighborhood Business District on property described as being
0.619 acres out of Tract 10, Fallins Riverside, located on the west side of Callicoatte Road,
and 400 feet south of Leopard Street.
City Secretary Chapa stated that the Planning Commission and staff recommended approval
of a "B-1" Neighborhood Business District
Minutes - Regular Counci Meeting
April 24. 2007- Page 11
No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the
public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes
as folkws
21 ORDINANCE NO. 027240
Amending the Zoning Ordinance, upon application by Clearwire US, LLC, by changing the
zoning map in reference to 0.619 acres out of Tract 10, Fallins Riverside Subdivision, from
"R -1B" One -family Dwelling District to "B-1" Neighborhood Business District; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan;
providing a repealer clause: providing a penalty; providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye";
Chesney and Marez were absent.
Mayor Garrett referred to Item 22, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0506-01, Arriba Development, LLC: A request fora time extension fora "B-1/SP"
Neighborhood Business District with a Special Permit for hotel/motel use on property
described as being 1.975 acres out of B. S. & F. Survey 419, Abstract 570, Nueces County,
Texas, located at the northwest intersection of Interstate 37 Frontage Road and Sessions
Road.
City Secretary Chapa stated that the Planning Commission and staff recommended approval
of a time extension for two -years (to May 30, 2009) for the Special Permit for a hotel/motel use.
No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the
public hearing, seconded by Mr. Garcia. and passed. Mr. Chapa polled the Council for their votes
as follows:
22. ORDINANCE NO. 027241
Granting a time extension of two -years for a Special Permit for Hotel/Motel Use in a "B-1"
Neighborhood Business District, on property described as being 1.975 acres out of B. S. &
F. Survey 419, Abstract 570, Nueces County, Texas, located at the Northeast Intersection of
Interstate 37 Frontage Road and Sessions Road; providing a repealer clause.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye";
Chesney and Marez were absent.
Mayor Garrett referred to Item 23. and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0307-04, Oak Properties: A change of zoning from a "F -R" Farm -Rural District to
a "R -1B" One -family Dwelling District and "R-2" Multiple Dwelling District on property
described as 25.033 acres out of Lots 23. 24, and 25, Section 26, Flour Bluff and Encinal
Farm and Garden Tracts, located on the north side of Slough Road and west of the Cayo
Del Oso.
Minutes - Regular Council Meeting
April 24. 2007- Page 12
City Secretary Chapa stated that the Planning Commission and staff recommended approval
of a "R-1 B" One -family Dwelling District and "R-2" Multiple Dwelling District.
No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close
the public hearing. seconded by Mr Scott, and passed. Mr. Chapa polled the Council for their votes
as foltows
23 ORDINANCE NO. 027242
Amending the Zoning Ordinance, upon application by Oak Properties, by changing the
zoning map in reference to 25.033 acres out of Lots 23, 24, and 25, Section 26, Flour Bluff
and Encinal Farm and Garden Tracts, from "F -R" Farm -Rural District to "R1 -B" One -family
Dwelling District and "R-2" Multiple Dwelling District; amending the Comprehensive Plan to
account for any deviations from the existing Comprehensive Plan; providing a repealer
clause; providing a penalty: providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper. Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye";
Chesney and Marez were absent
Mayor Garrett opened discussion on Item 24 regarding a Water Arterial Transmission and
Grid Main Construction and Reimbursement Agreement. Johnny Perales, Acting Assistant Director
of Development Services, presented this item. There were no comments from the audience. City
Secretary Chapa polled the Council for their votes as follows:
24.a. MOTION NO. 2007-114
Motion approving the Water Arterial Transmission and Grid Main Construction and
Reimbursement Agreement submitted by Oak Properties, owner and developer of Tumstone
Unit 1, located north of Slough Road, between Rodd Field and Cayo del Oso for the
installation of 2,855 -linear feet of a 12 -inch PVC water grid main.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Garcia, Kelly, Kinnison, Noyola, and Scott. voting "Aye"; Chesney and Marez were absent.
24. b. ORDINANCE NO. 027243
Ordinance appropriating $212,051.81 from the Water Arterial Transmission and Grid Main
Trust Fund No. 540450-21805-4030 to pay the Oak Properties reimbursement request for
the installation of 2,855 -linear feet of a 12 -inch PVC water grid main to develop Tumstone
Unit 1.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye";
Chesney and Marez were absent.
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Minutes — Regular Council Meeting
April 24. 2007— Page 13
Mayor Garrett called for the City Manager's report. City Manager Noe announced the
inaugural flight of ExpressJet service from Corpus Christi to Austin on Monday, April 30th with a
celebration at the airport at 1:30 p.m.
Mayor Garrett thanked staff and the volunteers that participated in the downtown cleanup.
Mr. Garrett asked if the construction on Leopard Street would be complete by the Buccaneer
Parade.
Mayor Garrett called for Council concerns and reports. Council Member Noyola asked for a
presentation on the First Tee Golf Program.
Council Member Cooper asked questions regarding improvements to the Broadmoor Senior
Center. Ms. Cooper announced the next Town Hall meeting is scheduled for Monday, May 7th at
6:00 p.m. at Northwest Senior Center.
Council Member Scott asked that copies of the Packery Channel updates be provided to the
Padre Island Business Association and the Flour Bluff Moon.
Council Member Kelly asked questions regarding the direction of traffic at Packery Channel
and signage for Leopard Street to prohibit open containers.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 2:59 p m. on April 24, 2007.
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