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HomeMy WebLinkAboutMinutes City Council - 05/15/2007I 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 May 15, 2007, which were approved by the City Council on May 22. 2007 WITNESSETH MY HAND AND SEAL, on this the 22nd day of May, 2007. Armando Chapa City Secretary SEAL PRENT Mayor Henry Garrett Mayor Pro Tem Rex Kinnison Couecil Members: Brere Chesney Melody Cooper Jerry Garcia John Marez Jesse Noyoia ABSIIT Bill Kelly Mark Scott MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 15, 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 Phillip Phifer with Trinity Lutheran Church and the Pledgee of Allegiance to the United States flag was led by Council Member Brent Chesney. Mayor Garrett called for approval of the minutes of the regular Council meeting of May 8, 2007. A motion was made and passed to approve the minutes as presented. ▪ k********** Mayor Garrett referred to Item 2 and the following board appointments were made: Ethi Commission Dr. N holaS Adame (Reinstated) Joe Guzman (Reinstated) Planning Commission James Skrobarczyk, Sr. (Reinstated) ▪ * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 3 -13). There were no comments from the public City Secretary Chapa polled the Council for their votes as follows: 3 RESOLUTION NO. 027258 Resolution amending Resolution No. 027191 by increasing the City match to $44,736, with $13,200 in-kind services and authorizing the submission of a grant application in the amount of $107,594 to the State of Texas, Criminal Justice Division for Year 8 funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit for a total project cost of $165,530 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 as amended with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez, and Noyola, voting "Aye"; Kelly and Scott were absent Minutes — Regular Council Meeting May 1E, 2007 — Page 2 4. ORDINANCE NO. 027259 Ordinance appropriating $21,671.76 in interest accrued on an advance payment on a grant from the Texas Commission on Environmental Quality (TCEQ) deposited in the No. 1071 Community Enrichment Fund, for air quality research and planning. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez, and Noyola, voting "Aye"; Kelly and Scott were absent. 5. MOTION NO. 2007-124 Motion authorizing the City Manager or his designee to approve a Letter of Agreement between the City of Corpus Christi and the Beautify Corpus Christi Association ("BCCA"). The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez, and Noyola, voting "Aye"; Kelly and Scott were absent. 6. MOTION NO. 2007-125 Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contact with Gloria Diane Oliver Meerdink in the amount of $25,000 for fee simple property rights to 9.843 acres of land, plus $900 in closing costs; all out of Lots 20 and 21, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, located off of Brooke Road and County Road 7B; necessary for the Master Channel 27 Drainage Improvement Project (#2263). The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez, and Noyola, voting "Aye"; Kelly and Scott were absent. MOTION NO. 2007-126 Motion authorizing the payment of $10,520 towards an Agreed Judgment in addition to the $24,480 Special Commissioners Award previously paid, resulting from the Condemnation Suit of the City of Corpus Christi vs. Antero Molina, Sr.; for the acquisition of Parcel 506 containing a Utility Easement, Right -of -Way Easement and Temporary Construction Easement, all located on Yorktown Boulevard and west of Roscher Drive; necessary for the Southside Water Transmission Main, Phase 5, Project #8391, and for other municipal purposes. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez, and Noyola, voting "Aye"; Kelly and Scott were absent. ORDINANCE NO. 027260 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with James A. Caplin, M.D., dba Corpus Christi Allergy and Asthma Center ("Omer"), for the right to install, operate, repair, replace, and maintain one private 4 -inch PVC conduit with communication cable, approximately 60 -linear feet across the Baylor Street public right-of-way, between Morgan Avenue and Hospital Boulevard, approximately 165 -feet north of the Morgan Avenue public right-of-way; establishing a fee of $210. Minutes — Regular Council Meeting May 1, 2007 — Page 3 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez, and Noyola, voting "Aye"; Kelly and Scott were absent. ORQINANCE NO. 027261 Ordinance appropriating and transferring $15,664.39 of unappropriated interest earnings from Fund 3180, Convention Center Capital Improvement Program Fund to and appropriating in Fund 4710 Visitors Facility Fund; appropriating and transferring $5,156.22 of unappropriated interest earnings from Fund 3181, Convention Center 2002 Capital Improvement Program Fund to and appropriating in Fund 4710 Visitors Facility Fund; and transferring $55,000 from Reserve Appropriation in Fund 5110 Maintenance Services Fund to and appropriating in Fund 4710 for repairs to the freight elevators at the Convention Center; amending the FY 2006-2007 Operating Budget adopted by Ordinance No. 026908 to increase appropriations by $75,820.61 and amending the 2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $20,820.61. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez, and Noyola, voting "Aye"; Kelly and Scott were absent. 10. RESOLUTION NO 027262 Resolution of the City of Corpus Christi, Texas authorizing the South Texas Aggregation Project, Inc. (STAP) to negotiate an electric supply agreement for deliveries of electricity effective January 1 2008; authorizing the City Manager to sign a contract with STAP for the City of Corpus Christi's 2008 and, if economically feasible, 2009 electricity needs; and committing to budget for energy purchases in 2008 and, if economically feasible, 2009 and to honor the City of Corpus Christi's commitments to purchase power for its electrical needs in 2008 and if economically feasible, 2009 through STAP. The foregoing resolution was passed and approved as amended with the following vote: Garrett, Chesney. Cooper, Garcia. Kinnison, Marez, and Noyola, voting "Aye"; Kelly and Scott were absent 11. RESOLUTION NO. 027263 Resolution approving the Corporate Resolution of the South Texas Aggregation Project (STAP), Inc. regarding transfer of funds to A.G. Edwards. The foregoing resolution was passed and approved as amended with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez, and Noyola, voting "Aye"; Kelly and Scott were absent. 12. ORCONANCE NO. 027264 Amending Chapter 14 "Development Services," Article II "City of Corpus Christi Technical Construction Codes," Division 8 "Residential Code," Section 14-291 "Residential Construction Code," of the Code of Ordinances, to amend the definition of townhouse; providing a penalty clause; providing for publication; and providing for an effective date. Minutes - Regular Council Meeting May 15, 2007 - Page 4 The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez, and Noyola, voting "Aye"; Kelly and Scott were absent. 13.a. MOTION NO. 2007-127 Motion to amend prior to second reading the Ordinance amending Corpus Christi Code of Ordinances. Chapter 17, regarding hotel occupancy taxation, to provide listing of exempt State officials, provide that tax due on amounts received by hotel, and provide reasonable notice to hotel of record review or audit. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kinnison, Marez, and Noyola, voting "Aye"; Kelly and Scott were absent. 13.b. ORDINANCE NO. 027265 Amending the Code of Ordinances, City of Corpus Christi, Chapter 17, regarding hotel occupancy taxation; providing for penalties; providing for publication. The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez, and Noyola, voting "Aye"; Kelly and Scott were absent. *x*********** Mayor Garrett referred to Item 14, and a motion was made, seconded and passed to open the public hearing on the following code amendment: 14.a. Public hearing to consider amending Chapter 53 "Traffic", Article IX "Vision and Passage Obstuctions," Section 53-263 "Obstructing Street and Sidewalk Traffic, and Public Right -of - Way Generally," of the Code of Ordinances, City of Corpus Christi and Chapter 59 "Zoning," Article 33 "Supplemental Sign Regulations, Permits, Plats and Filing Fees," Section 33- 1.02.06 "Exempt Signs" of the Code of Ordinances, City of Corpus Christi, to provide an exemption from regulation for certain A -Frame Signs in the downtown area. Faryce Goode -Macon, Interim Assistant Director of Development Services, stated that the purpose of the amendment is to provide an exemption to the regulations pertaining to A -Frame Signs -in the downtown area. Ms. Goode -Macon referred to a powerpoint presentation including: the tyke of sign allowed in the amendment; a description and map of the boundary area; the conditions of the sign placement; pictures of A -Frame signs; the various downtown groups and city departments involved in the development of the amendment; and staff recommendations. Norma Urban, President of the Downtown Management District, asked if the ordinance was intended to snow A -frame signs for each tenant in a multi -tenant building and if restaurants would be able to display their menus. Ms. Goode -Macon stated that the ordinance did allow signs for each tenant in multi tenant buildings. Ms. Goode -Macon stated that the ordinance may not be clear regarng the display of menus by restaurants. Council Member Chesney asked that the minutes reflect the intent of the ordinance. Daiquiri Richard, member of the Downtown Redevelopment Committee, spoke in support of the ortlinano8. Abel Alonzo, 1701 Thames, asked what the assurance is for people with disabilities that the signs would not block the path of travel. Ms. Goode -Macon said that proprietors in the downtown area have committed to adhere to the ordinance and the code enforcement division Minutes — Regular Council Meeting May 15, 2007 — Page 5 wouldmonitor the regulations. David Loeb, Chairman of the Heart of Corpus Christi, thanked staff for their work on the ordinance and spoke regarding the ADA accessibilities. Mr. Chesney made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 14.b. ORQINANCE NO. 027266 Ordinance amending Chapter 53 "Traffic", Article IX "Vision and Passage Obstructions," Section 53-263 "Obstructing Street and Sidewalk Traffic, and Public Right -of -Way Generally,' of the Code of Ordinances, City of Corpus Christi and Chapter 59 "Zoning," Article 33 `Supplemental Sign Regulations, Permits, Plats and Filing Fees," Section 33- 1.02.06 "Exempt Signs" of the Code of Ordinances, City of Corpus Christi, to provide an exemption from regulation for certain A -Frame Signs in the downtown area; providing for a penalty clause; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez, and Noyola, voting "Ave"; Kelly and Scott were absent. Mayor Garrett referred to Item 15, and a motion was made, seconded and passed to open the ptlic hearing on the following zoning case: Cas No. 0407-01, Shaws Development Joint Venture: A change of zoning from a "R-1 B" One -family Dwelling District to a 'R -1C" One -family Dwelling District on property described as 13.686 acres out of Lots 9. 10, and 11, Artemus Roberts Subdivision, located approximately 1,600 feet Nest of Rand Morgan Road and 4,000 feet south of Leopard 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. Ms. Cooper made a motion to close the public hearing, seconded by Mr Chesney, and passed. Mr. Chapa polled the Council for their votes es follows: 15. OR1 MANCE NO. 027267 Amending the Zoning Ordinance, upon application by Shaws Development Joint Venture, by changing the zoning map in reference to 13.686 acres out of Lots 9, 10, and 11, Artemus Roberts Subdivision, from "R-1 B" One -family Dwelling District to "R-1 C" One -family 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, Chesney, Cooper, Garcia, Kinnison, Marez, and Noyola, voting "Aye"; Kelly and Scott were absent. Mayor Garrett referred to Item 16, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Minutes — Regular Council Meeting May 16, 2007 — Page 6 Cas, No. 0407-02, The Ecallaw Family Trust: A change of zoning from a "R -1B" One -family Dwefling District to a "B-1" Neighborhood Business District on property described as Mesa Addition, Block 1, Lots 19 and 20, located at the northwest intersection of Violet Road and Blades Street. City Secretary Chapa stated that the Planning Commission and staff recommended approval of a "B-1" Neighborhood Business District. No one appeared in opposition to the zoning change. Mr. Chesney made a motion to close the ptllic hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 16. ORDINANCE NO. 027268 Amending the Zoning Ordinance, upon application by the Ecallaw Family Trust, by changing the zoning map in reference to Mesa Addition, Block 1, Lots 19 and 20, 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, Chesney, Cooper, Garcia, Kinnison, Marez, and Noyola, voting "Aye"; Kelly and Scott were absent. 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. 0407-03, Rupert H. Kronke: A change of zoning from a "R-1 B" One -family Dwelling District to a "B-1 A" Neighborhood Business District on property described as 3.6 acres out of Tract 7, Abstract 850, Survey 422, located on the east side of Carbon Plant Road, between Interstate Highway 37 and 'Jo River Road City Secretary Chapa statea that the Planning Commission and staff recommended approval of a "f -1A" Neighborhood Business District. No we appeared in opposition to the zoning change. Mr. Garcia made a motion to close the ptllblic hearing, seconded by Mr. Chesney, and passed. Mr. Chapa polled the Council for their votes as follows: 17. OROINANCE NO. 027269 Amending the Zoning Ordinance, upon application by Rupert H. Kronke, by changing the zoning map in reference to 3.6 acres out of Tract 7, Abstract 850, Survey 422, from "R-1 B" One.family Dwelling District to "B -1A" 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, Chesney, Cooper, Garcia, Kinnison, Marez, and Noyola, voting "Aye"; Kelly and Scott were absent. Mayor Garrett referred to Item 18, and a motion was made, seconded and passed to open the pttlic hearing on the following zoning case: Minutes — Regular Council Meeting May 1, 2007 — Page 7 Cast No. 0407-04, A -Z Calallen, LLC: A change of zoning from a "B-1" Neighborhood Business District to a "B-4" General Business District on property described as Yarbrough Addition, Lots 6, 7, and 8, located on the west side of Airline Road, and approximately 700 feet south of Holly Road. City Secretary Chapa stated that the Planning Commission and staff recommended denial of the "B-4" General Business District and in lieu thereof, approval of a Special Permit subject to a site plan and three (3) conditions. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr Garcia, and passed. Mr. Chapa polled the Council for their votes as follows: 18. ORDINANCE NO. 027270 Amending the Zoning Ordinance, upon application by the A -Z Calallen, LLC, by changing the zoning map in reference to Yarbrough Addition, Lots 6, 7, and 8, from "B-1" Neighborhood Business District to "B-1/SP" Neighborhood Business District with a Special Permit fora 7,500 -square foot Auto Parts and Sales Building with no service bays, subject to a site plan and three (3) conditions; 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. Chesney, Cooper, Garcia, Kinnison, Marez, and Noyola, voting "Aye"; Kelly and Scott were absent. Mayor Garrett opened discussion on Item 19 regarding an amendment to the Smoking Ordinnce. City Manager Noe explained that the amendment would exempt tobacco specialty storesfrom the smoking restrictions provided that the smoke from their establishment is not allowed to trar;fer into the other adjoining spaces. Council members asked questions regarding who requested the amendment; if food and alcoh1 were sold in the establishment; and if the establishment had violated the ordinance. There were no comments from the audience. City Secretary Chapa polled the Council for their vates as follows: 19. FIRST READING ORDINANCE Amending the Code of Ordinances, Section 23-76, Smoking Prohibitions, subsection (b), by enacting new subpart (7) to exempt tobacco specialty stores; providing for a penalty; establishing an effective date; and providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez, and Noyola, voting "Aye"; Kelly and Scott were absent. Minutes — Regular Council Meeting May t5, 2007 — Page 8 Mayor Garrett opened discussion on Item 20 regarding a development agreement with Hogan Development Company in the Terra Mar area related to the development of Oso Parkway. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20.a. ORDINANCE NO. 027271 Ordinance authorizing $334,000 from the 2005 Street General Obligation Bond Fund No. 3541 to pay the Hogan Development Company, L.P., request for reimbursement of one-half of the cost of construction of the extension of Oso Parkway adjacent to the proposed conservation park and appropriating $177,019.63 from the Water Arterial Transmission and Grid Main Trust Fund No. 540450-21805-4030 to pay the Hogan Development Company, L.P., reimbursement request for the installation of 3,000 -linear feet of a 12 -inch PVC water grid main to develop Terra Mar. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote Garrett. Chesney, Cooper, Garcia, Marez, and Noyola, voting "Aye"; Kinnison abstained; Kelly and Scott were absent. 20.b. ORDINANCE NO. 027272 Ordinance authorizing the City Manager to execute a Development Agreement with Hogan Development Company, L.P , for infrastructure improvements required to complete the Terra Mar residential development project. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote Garrett Chesney, Cooper, Garcia, Marez, and Noyola, voting "Aye"; Kinnison abstained; Kelly and Scott were absent. Mayor Garrett referred to Item 21. a presentation regarding the Crime Control and Prevention District Quarterly Project Update. Butch Pool, Chairman of the Crime Control and Prevention District, provided an overview of the current budget; the continued focus of Core Programs; and the 2007-2008 proposed budget. Assistant Chief of Police Ken Bung reported on the status of the CrimsControl and Prevention District projects including: the purchase and installation of the tasers and sip sticks; the Pawn Shop Detail; the Campus Crime Stoppers; and the graffiti truck. Valerie Villarreal, Superintendent of the Juvenile Assessment Center, provided statistics on the intakes, court order referrals and active caseload of the Assessment Center. She provided information on the three summer pilot programs geared toward prevention outreach. Council members asked questions regarding the maintenance of equipment and the expansion of the campus crime stoppers. ******** Mayor Garrett called for the City Manager's report. City Manager Noe announced a Neighborhood Pride Meeting at Ben Garza Gym on Thursday, May 17th at 6:00 p.m. * *********** Mayor Garrett called for petitions from the audience. Abel Alonzo, 1701 Thames, spoke in support of the Crime Control and Prevention District. Minutes — Regular Council Meeting May 15, 2007 — Page 9 t_*********** There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 10:42 a.m. on May 15, 2007.