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.
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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)
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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.
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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.
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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.
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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
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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.