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HomeMy WebLinkAboutMinutes City Council - 10/26/2004I 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 October 26, 2004, which were approved by the City Council on November 9, 2004. WITNESSETH MY HAND AND SEAL, on this the 9th day of November, 2004. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 26, 2004 -10:14 a.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Jesse Noyola Council Members: Javier Colmenero Brent Chesney Melody Cooper Henry Garrett Bill Kelly Rex Kinnison Jesse Noyola Mark Scott City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Willie Davila of the Church of Reconciliation and the Pledge of Allegiance to the United States flag was led by Council Member Noyola. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the joint meeting of October 12, 2004 and the regular Council meeting of October 19, 2004. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal stated there was a possibility that the discussion on Item 14, NuPAC's appeal of the Cable Communication Commission's decision to decertify them as the Channel 10 Public Access User Group, could be tabled until November 16, 2004. Before the item could be tabled, however, staff had to obtain the written consent from both parties prior to 1:00 p.m., when the discussion was scheduled to take place. Mr. Chapa stated staff was in the process of contacting them. Mayor Neal stated there were a number of amendments to Item 15, which was also related to public access cablecasting. City Attorney Fischer said staff proposed two changes to the rules and procedures for public access cablecasting. First, she said currently the rules required that applications be submitted at least 2 weeks in advance of the fall timeslot lottery. In practice, most producers submitted applications the day of the lottery. Thus, she recommended changing the rules to reflect the current practice by allowing applications to be submitted as of the date of the lottery. Second, she proposed an amendment stating the Fall 2004 lottery would be conducted on November 16, 2004, but for all future years, the lottery date would remain the fourth Thursday in October. Mayor Neal said the Council would consider this item later on the agenda. * * * * * * * * * * * * * Minutes - Regular Council Meeting October 26, 2004 - Page 2 Mayor Neal called for consideration of the consent agenda (Items 2-9). Mr. Bill Kopecky, 3609 Topeka, requested that Item 8 be discussed. Council members requested that Items 6, 7, and 8 be discussed. A motion was made and passed to approve Items 2 through 9, constituting the consent agenda, except for Items 6, 7, and 8, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2.a. RESOLUTION NO. 026002 Resolution authorizing the City Manager or his designee to accept a grant from the Federal Emergency Management Agency (FEMA) in the amount of $400,000 that will provide funding for capability assessment and sustainment of the Metropolitan Medical Response System with a term extending through March 31, 2006. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 2.b. ORDINANCE NO. 026003 Ordinance appropriating $400,000 from the Federal Emergency Management Agency (FEMA) in the No. 1062 Fire Grants Fund to fund the capability assessment and sustainment identified in the Metropolitan Medical Response System grant with FEMA. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 3.a. RESOLUTION NO. 026004 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $15,142 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the Lone Star Libraries Grant to be used for the preservation and cataloging of local history materials. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 3.b. ORDINANCE NO. 026005 Ordinance appropriating a grant in the amount of $15,142 from the Texas State Library and Archives Commission in the No. 1068 Library Grants Fund for preservation and cataloging of local history materials. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting October 26, 2004 - Page 3 4. MOTION NO. 2004-392 Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the Contract for Professional Services with Urban Engineering, Inc., of Corpus Christi, Texas in the amount of $70,000 for a total restated fee of $94,550 for the St. Andrews Park/LaCosta Box Culvert Improvements. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 5. MOTION NO. 2004-393 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Goldston Engineering, Inc., of Corpus Christi, Texas in the amount of $91,700 for a restated fee of $114,210 for the Leopard Roadside Safety Improvements. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 9. MOTION NO. 2004-397 Motion authorizing the City Manager or his designee to execute a twelve-month hardware maintenance agreement with the Texas Department of Information Resources of Austin, Texas based upon the State's Cooperative Purchasing Agreement in the amount of $50,232.60. Included in the agreement is maintenance and replacement support for the Police Department's servers and operating system and interoperability software. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 6 regarding a engineering study contract for the Greenwood Wastewater Treatment Plant 4 MGD expansion. Mr. Kinnison asked for the timeline for the expansion project. City Engineer Angel Escobar replied the project would take approximately two years, with tentative completion in 2006. He said the project would increase the current capacity of the plant by 4 MGD, from 8 MGD to 12 MGD. In addition, staff was attempting to obtain a re -rating equivalency to expand the plant by an additional 2 MGD, increasing capacity from 12 MGD to 14 MGD. Mr. Kinnison asked how long the expansion would meet the needs of the area. Mr. Escobar replied the engineering study would provide an estimate. Mr. Kinnison asked for a preliminary project cost. Mr. Escobar replied the project was estimated to cost between $15 to $20 million, and was already built into the CIP program. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting October 26, 2004 - Page 4 6. MOTION NO. 2004-394 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Alan Plummer Associates, Inc. of Fort Worth, Texas in the amount of $310,000 for the Greenwood Wastewater Treatment Plant 4 MGD Expansion for an Engineering Study and Stage One Report. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 7 regarding an amendment to the seawall contract for the Port Avenue Concrete Repairs. Mr. Kinnison pointed out the funding for this project was not coming from the seawall fund; rather, the project was being funded out of the street capital improvement program. City Secretary Chapa polled the Council for their votes as follows: 7. MOTION NO. 2004-395 Motion authorizing the City Manager or his designee to execute Change Order No. 7 to the Seawall Contract B -2B with Gunther -Nash, Inc. of St. Louis, Missouri in an amount not to exceed $120,000 for Port Avenue Concrete Repairs. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 8 regarding a software contract with EMA, Incorporated. Mr. Bill Kopecky, 3609 Topeka, and Mr. Kinnison spoke regarding concerns about the numerous amendments to this contract for software updates at an additional cost. Director of Municipal Information Systems Ogilvie Gericke explained the city installed Version 4.1 in 2001. Since that time, the manufacturer has updated the software twice. He said the manufacturer was expected to stop supporting Version 4.1 in a year. Thus, he said EMA was proposing to upgrade the city's software from Version 4.1 to Version 5.2, and to convert the city's data to be compatible with Version 5.2. Mr. Gericke said the standard industry practice was to upgrade software programs within a three to five year cycle. Assistant City Manager Ron Massey added it was important to consider the advantage of going from a non -web based system to a web -based system with regards to individual user licenses. Mr. Noe stated the WiFi system the city was planning to implement would make the transition to a web -based system even easier. Mr. Kinnison asked staff to provide cost estimates on any anticipated software upgrades so they can be included in the five-year forecast. Mr. Noe replied affirmatively, saying staff expected upgrades for the PeopleSoft Financial software and the Tiburon police software. Regarding WiFi, he asked staff to provide an update on the project's progress. He said at a recent conference he attended, a representative from a larger city was surprised at the price the city was paying for their WiFi services, saying they were implementing it for much less. Mr. Colmenero asked staff for detailed information on any security measures the city would take if it moved to web -based software. Minutes - Regular Council Meeting October 26, 2004 - Page 5 Mr. Massey stated the EMA contract was structured to allow the city to evaluate whether to continue implementing the re-engineering effort on an annual basis. Assistant Director of Engineering Services Kevin Stowers added the full contract delineated the anticipated total cost of the implementation phasing. To date, he said the costs were roughly within the anticipated budget, with the exception of this upgrade, which staff nevertheless knew was inevitable. City Secretary Chapa polled the Council for their votes as follows: 8. MOTION NO. 2004-396 Motion authorizing the City Manager or his designee to execute a Computer Software Contract with EMA, Inc., of Tucson, Arizona in the amount of $440,000 for the Computerized Maintenance Management System. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". * * * * * * * * * * * * * Mayor Neal referred to the presentation on the day's agenda regarding the "Conquer the Coast" bicycle ride. Ms. Gretchen Arnold reported the ride took place on Saturday, September 25, 2004. She said there were 700 participants, 270 of whom traveled to Corpus Christi from as far away a Washington state, Delaware, Pennsylvania, and Kentucky. Ms. Arnold stated that over 40 local businesses provided goods and services or sponsored the event. Ms. Arnold reported Dr. Jim Lee of Texas A&M University -Corpus Christi provided an economic impact study on the ride. The report indicated that the ride resulted in $412,208 in business sales, $363,000 in household income, and 87 full-time equivalent jobs. Ms. Arnold stated many riders stayed in town to enjoy Bayfest, which was also being held that weekend. In conclusion, Ms. Arnold said the event was successful, and she expected many of the participants to return to the city. She said the next Conquer the Coast event was scheduled on Saturday, October 1, 2005, the tentative date for Bayfest 2005. She thanked the Council for their support. She also thanked Mr. Mike Bertuzzi, Mr. Wayne Bennett from the CVB, and many others for their efforts. Mr. Kinnison thanked Ms. Arnold, Mr. Bertuzzi, the Corpus Christi Police Department (CCPD), and all other city departments involved for their efforts. Mr. Scott asked what target number of participants the event organizers had anticipated for the event. Ms. Arnold replied they had anticipated 2,000 to 2,500 participants, an optimistic goal for a first time event. Nevertheless, Ms. Arnold said they were happy with the 700 participants who did materialize in 2004. She felt the participation levels were reduced somewhat by weather forecasts predicting dismal weather. For 2005, Ms. Arnold stated they were hoping to increase the number of participants to 1,000. Mr. Scott thanked Ms. Arnold, Mr. Bertuzzi, and city staff, especially the CCPD, for their efforts in making the event a success. Mr. Noe also thanked TxDOT for their efforts, since the ride took place on state highways Minutes - Regular Council Meeting October 26, 2004 - Page 6 and required a coordination effort by their district office. Ms. Arnold also thanked the city planning department and the traffic engineering department as well as TxDOT for their efforts. * * * * * * * * * * * * * Mayor Neal referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0904-06, Kim Cox, Trustee: A change of zoning from an "A-1" Apartment House District to a `B-4" General Business District. The property is on 6.59 acres out of Tract 1 in a deed to Kim Cox, recorded as Document No. 2003039114 and being a portion of Lots 13 and 14, Section 55, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of Waldron and Graham Roads. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "B-4" General Business 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 as follows: 11. ORDINANCE NO. 026006 Amending the Zoning Ordinance upon application by Kim Cox by changing the zoning map in reference to 6.59 acres out of Tract 1 in a deed to Kim Cox, recorded as Document No. 2003039114 and being a portion of Lots 13 and 14, Section 55, Flour Bluff and Encinal Farm and Garden Tracts, from "A-1" Apartment House District to "B-4" General Business District; 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: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. Mayor Neal referred to Item 12, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0904-07, Eric Zarghouni: A change of zoning from a "R -1B" One -family Dwelling District to a "B-1" Neighborhood Business District. The property is located in Yarbrough Addition, Lots 2 and 3, and located along Airline Road and 600 feet south of Holly Road. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "B-1" Neighborhood Business 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 Minutes - Regular Council Meeting October 26, 2004 - Page 7 as follows: 12. ORDINANCE NO. 026007 Amending the Zoning Ordinance upon application by Eric Zarghouni by changing the zoning map in reference to Yarbrough Addition, Lots 2 and 3, 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. Mayor Neal referred to Item 13, and a motion was made, seconded, and passed to open the public hearing on the following zoning cases: 13.a. Case No. 0904-09, Robert L. and Dahlia Schulte and E. Stanton Shoemaker: Amending the Zoning Ordinance upon application by Robert and Dahlia Schulte and E. Stanton Shoemaker by changing the zoning map in reference to Lot 2, Markamay Estates, a.k.a. Alta Vista on the Bay along Ocean Drive, approximately 200 feet south of Hewit Drive and 100 feet north of Alta Plaza Street (currently zoned "R -1A" One -family Dwelling District with a Specific Use Permit for a Bed and Breakfast Home) by granting a renewal of the Specific Use Permit for a Bed and Breakfast Home; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 1 3.b. Case No. 0904-10, Robert L. and Dahlia Schulte and E. Stanton Shoemaker: Amending the Zoning Ordinance upon application by Robert and Dahlia Schulte and E. Stanton Shoemaker by changing the zoning map in reference to Lot 2, Markamay Estates, a.k.a. Alta Vista on the Bay along Ocean Drive, approximately 200 feet south of Hewit Drive and 100 feet north of Alta Plaza Street, from "R -1A" One -family Dwelling District with a Specific Use Permit for a Bed and Breakfast Home with Special Events; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Regarding Item 13.a., City Secretary Chapa said the Planning Commission and staff recommended the denial of the renewal permit for the Bed and Breakfast Home. He said the ordinance before the Council reflected the applicant's request. Regarding Item 13.b., he said the Planning Commission and staff recommended the denial of the request for a Bed and Breakfast Home with Special Events. He said the ordinance before the Council reflected the applicant's request. Assistant Director of Development Services Michael Gunning reported the applicants, Robert and Dahlia Schulte and Mr. Shoemaker, have requested a renewal of their Specific Use permit for a Bed and Breakfast Home only. In addition, the applicants had applied for a Bed and Breakfast Home to include Special Events. He said staff recommended that the Council open the public hearing on both items since they were inherently related. Minutes - Regular Council Meeting October 26, 2004 - Page 8 Mr. Gunning stated the B&B Home permit was originally granted by Council on October 14, 2003 for a one year term, on the condition that they apply for a renewal of the permit at the end of the term. If the applicants demonstrated they could be good neighbors and run their operation according to regulations during that time, then the city could consider renewing the permit. At the September 22, 2004 meeting of the Planning Commission, however, the commissioners found the owners and operators of Ocean House did not abide by the standards and regulations put in place by the Council by continuing to have special events, according to public testimony and staff reports. Mr. Gunning stated staff mailed notices to the surrounding property owners for both cases. Regarding the application for renewal of the Bed and Breakfast (B&B) Home special permit, none were returned in favor, and 10 were received in opposition. Staff also received six notices from outside the 200 -ft. notification area. He said the 20 percent rule was invoked with 21.44 percent in opposition, requiring seven members of the Council voting in favor to overcome the opposition. Regarding the application for renewal of the Bed and Breakfast Home with special events, he said the opposition was 29.8 percent, also invoking the 20 percent rule. Mr. Gunning recommended that the Council first take action on the special use permit (SUP) for the B&B Home as it pertains to the renewal permit and the B&B Home portion of the pending SUP application. Then if the Council decided to deny the B&B Home use, the request for Special Events would also be considered denied since there cannot be a Special Events operation without a permit for the B&B Home. Mr. Scott remarked the Council had received a letter from Mr. Schulte stating he was withdrawing his request for a Special Use Permit for Special Events. City Secretary Chapa confirmed the applicant had submitted a written request to withdraw Item 13.b., the Special Use Permit for Special Events. Mayor Neal opened discussion on Item 13.a., the applicant's request for a Bed and Breakfast Home Special Use Permit only. The following individuals spoke in opposition to the renewal of the B&B Home special use permit: Ms. Mary Albarado, 3233 Ocean Drive; Mr. Dan Shea, 123 Alta Plaza; Dr. Katherine Hershman, 33 Hewitt Drive; Ms. Patty Miller, 39 Hewitt; Ms. Shirley Smith, 21 Hewitt; Mr. Obie Etheridge, 138 Sea View; Mr. Joe Miller, 39 Hewitt; Ms. Keleigh Sasser, 45 Hewitt; and Mr. Stuart Sasser, 45 Hewitt. Mr. Reagan Stone, 3227 and 3221 Ocean Drive, spoke in support of the renewal of the B&B Home Special Use Permit. The applicant, Mr. Bob Schulte, 3275 Ocean Drive, clarified that he and his wife did not currently reside at Ocean House; rather, they ran the Bed and Breakfast business for the current owner, Dr. Stan Shoemaker. Two years ago, they had expressed interest in purchasing Ocean House from Dr. Shoemaker, on the condition that they were able to obtain a B&B Home permit for the property, which was still outstanding. Mr. Schulte stated that he and his wife had adhered to the standards and regulations the city had put in place, including the requirement against special events. He said the only events they had hosted were not-for-profit events for charities, family gatherings, or impromptu gatherings initiated by Ocean House guests. However, he and his wife had decided last night to withdraw their request Minutes - Regular Council Meeting October 26, 2004 - Page 9 for a Special Events permit because of the continued controversy. Mayor Neal disagreed that holding not-for-profit events adhered to the Council's directive to refrain from holding any special events during the one-year trial period for the B&B special use permit. Mr. Schulte replied he understood the bed and breakfast ordinance defined "special events" as those held for compensation, so he felt they were in compliance. City Attorney Fischer read from Section 3-1.58.4 of the Zoning Ordinance which defined a special event as "includes a baptism, bridal tea, charity fundraiser, corporate banquet, family reunion, graduation party, office party, private dinner party, photo shoot, political fundraiser, quinceafiera, reception, wedding, wedding reception, or similar type of functions being held on the premises by a guest who has provided compensation for the use of all or a portion of the premises". Mr. Kelly remarked he had received information from Mr. Schulte's opponents showing Ocean House's website in which special events are advertised. Mr. Schulte replied he had not changed the website content for two years. He said, however, when people call Ocean House asking to book special events, they are told that special events cannot be held at Ocean House pending the approval of their permit. Mr. Kinnison asked ifthe Schultes understood that ifthe Council were to approve the special permit for a B&B Home only, they could not allow guests to invite large numbers of friends to gather at Ocean House, even if the Schultes were not compensated for the gathering. Mr. Schulte answered affirmatively, but still expressed some confusion over how large a gathering would constitute a special event. Mr. Scott answered if a guest were to invite a small number of family members over, it would probably not constitute a violation of the zoning ordinance. However, if one of the guests sent out invitations, or if a caterer was hired or chairs rented, this would constitute a violation. Mr. Kinnison did not feel that hosting an event for a charity constituted a violation of the ordinance because it was not for compensation. Ms. Cooper spoke in support of staff and the Planning Commission's recommendation to deny the B&B Home permit. She said charitable events could be considered a form of advertising to encourage people to book rooms later. In addition, she said the Council had directed the Schultes not to hold any special events at all, and she felt they had not acted in good faith. Planning Commission Chairman David Berlanga stated the commission voted unanimously to deny the Schultes' renewal application for several reasons. First and foremost, he said the S-curve on Ocean Drive near the home presented a public safety hazard. Second, the applicant had shown a disregard for the rules. Third, he said the South Central Area Development Plan did not support commercial development south on Ocean Drive from the intersection of Ayers and Ocean Drive. Fourth, he said any special events, whether for profit or not for profit, still had the same detrimental effect on the neighborhood. In conclusion, he said the Planning Commission felt the B&B Home use was not a compatible use for the area, and said it was the wrong place for a B&B. Mr. Kinnison asked Mr. Berlanga what location would be appropriate for a B&B, since it seemed the Planning Commission was saying that Ocean Drive was off limits. Mr. Berlanga replied the Blucher House, located near the County Courthouse, was an example of an appropriate site for a B&B because it was in a low traffic area and it was not in a residential area. Minutes - Regular Council Meeting October 26, 2004 - Page 10 Mr. Chesney was surprised by the unanimous vote of the Planning Commission regarding this case. He said the first time the commission had reviewed the case, they had voted in favor of the B&B Home permit. Chairman Berlanga acknowledged that the majority of the commission had voted in favor of the permit, and he had cast the one dissenting vote. Mr. Chesney asked Planning Commission Vice -Chairman Bryan Stone to explain why he had changed his opinion regarding this case since the first time it was heard. Vice -Chairman Stone stated the first time the Planning Commission heard the case, Mr. Schulte implied the neighborhood concurred with his plans to open a B&B Home. Since there was no opposition, the Planning Commission approved the applicant's request. When the case came before the commission again, however, he said there was intense opposition from the neighborhood. He said the commission concluded it was a good concept, but was in the wrong place. Mr. Noyola was skeptical that the S-curve on Ocean Drive near Ocean House presented a public safety hazard. He had not heard of any accidents in the area that could be linked to Ocean House. He was opposed to allowing special events at Ocean House unless they were for non-profit organizations. Mr. Kelly asked if the Planning Commission was saying they were against having a Bed and Breakfast Home or other business if it was located on an arterial. Chairman Berlanga replied negatively, saying traffic concerns were only one consideration in their decision. He said the commission's primary concern was to protect the neighborhood, and the fact the 20 percent rule was in effect indicated a problem with the application. Mr. Kelly said the zoning ordinance already had safeguards in place to protect the neighborhood. He said safety concerns should not be the driving factor for their decision. Mr. Scott spoke in support of the renewing the bed and breakfast permit only because he thought special events would have an adverse effect on the neighborhood. If the renewal permit passed, he asked staff to work on a clearly defining a special event in the zoning ordinance. In addition, he asked City Manager Noe to report on repairs to the Hewitt Drive alley during Council reports. Mr. Colmenero agreed that the definition of a special event in the zoning ordinance needed to be clarified. He suggested if safety was a concern on the stretch of Ocean Drive near the Ocean House, then the speed limit may need to be adjusted. Mr. Kinnison made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mayor Neal asked City Secretary Chapa to clarify the voting requirements when the 20 percent rule was in effect. Mr. Chapa replied the ordinance before the Council reflected the applicant's request. If the Council chose to approve the ordinance, it would take seven votes. Mr. Kinnison made a motion to amend the ordinance to include a list of conditions as follows: no valet parking; no commercial delivery trucks to support any function; no live music; and no catered events; and any violation would led to the immediate revocation of the permit. Mr. Scott seconded the ordinance. City Secretary Chapa clarified that the motion to amend did not require seven votes to pass. City Secretary Chapa polled the Council for their votes on the amendment as follows: Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal, Chesney, and Minutes - Regular Council Meeting October 26, 2004 - Page 11 Cooper, voting "No". The motion to amend carried. City Secretary Chapa polled the Council for their votes on the ordinance as amended as follows: Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal, Chesney, and Cooper, voting "No". The motion failed. 13.a. FAILED (AS AMENDED) .k.a. Alta v15td On tllc Bay along Owan 1)114 c, appwnullatv,ly south Ot l la, w it ll11 v t, an 100 fc.t north of Alta Plaza St... t (cu.ra,tly zencd "R -IA" 0it Dwc1L11g '5L11Ct Wdll a pCuC t\a uut Ivr a ueu d11a IS, CaKlaSL 11vun.) lr y gi all mg a rcucwal vl c Specific UJC I\1111it fo1 a B,,d and Bicakfast IIonlic, n..11 jug tLc Cv1 11c11aivo Plan count fo, avy tk.41at1011S fi g C01up1 C11c11511C f lan 13.b. WITHDRAWN .k.d. Alld V 15W e11 tl,c Day along V ctdu lJu%C, app1eA1111ata,ly LV V 1ccL SOuID Ol l la, w 1L 1)n v �. Y1.C1d1 LvGnta, d1Lt11m t11 vc Pian to aC Oftnt tyr* any 11a,%,at.v11a 110111 ttic AIS Wig C01LY1 c1icii ivc I'latr: Mayor Neal called for a brief recess to present proclamations. * * * * * * * * * * * * * The Council returned from recess, and Mayor Neal called for petitions from the audience. Mr. J.E. O'Brien, 4130 Pompano, and Mr. Jack Gordy, 4118 Bray, spoke in support of the proposed tax freeze. Mr. Bill Kopecky, 4609 Topeka, also spoke in support of the proposed tax freeze, and also spoke against the use of the term "re-engineering". Ms. Cheryl Quinones, 5403 Everhart, spoke regarding her concerns about the animal control problem in the city, and asked the Council to consider placing a requirement for a breeders permit in the animal control ordinance coming before them within the next 60 days. Ms. Sherry Dunlap, 5825 Hopkins Road, spoke regarding her concerns with the city's failure to implement certain elements of the Animal Care Action Plan. Mr. Javier Flores, 1101 S. Staples, spoke in support of the Cable Communications Commission for diffusing the problems with the public access channel. Mr. Rolando Garza, also thanked the Cable Communications Commission for providing Minutes - Regular Council Meeting October 26, 2004 - Page 12 guidance to the public access users group, and he suggested that the PAUG and the studio should be controlled by separate groups. Mr. Xavier Fuentes spoke regarding his concerns about alleged corruption in the city. Mr. Kurt Logan spoke regarding the public access channel, saying the PAUG and the studio should be controlled by separate groups. Mr. Richard Pulido, chairman of the Cable Communications Commission, stated the commission was focusing its efforts on enforcing the rules and regulations as they pertain to NuPAC, not to gain control of the organization, but rather to improve conditions for the producers involved. Mayor Neal stated there was an item on the agenda regarding NuPAC, and the public comment period was intended for discussion of items that were not on the agenda. He said he had allowed a number of individuals to speak regarding NuPAC in error. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 14 regarding the appeal by NuPAC, Inc. of the Cable Communications Commission decision to decertify them. Mr. Chesney made a motion to table this item to November 16, 2004, seconded by Mr. Scott, and passed. 14. TABLED TO NOVEMBER 16 2004 uSIOt,iatiOff vi a i appa,a1 by Nut'AG, luc. 1 Lha, GOipuS Glu iS I GaUla. Gvuuuuun.aLviio JI u J QL.NSIO[l av ua.witl1 INui t , lr Mayor Neal opened discussion on Item 15 regarding an amendment to the rules and procedures for public access broadcasting. Mr. Noe stated staff was recommending that this item be amended to change the date of the timeslot lottery to November 18, 2004 for this year only, and to allow applications to be submitted up until the date of the lottery. Mayor Neal asked for public comment. Mr. Jack Gordy, 4118 Bray, spoke in support of the proposed amendments to the ordinance. He also recommended changing the ordinance to allow the producer to turn in their applications to the PAUG instead of directly to the cable operator. Mr. Chesney made a motion to amend the ordinance as recommended by staff, seconded by Mr. Kelly, and passed. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting October 26, 2004 - Page 13 15. ORDINANCE NO. 026008 Ordinance amending Code of Ordinances, City of Corpus Christi, Chapter 55, regarding rules and procedures for public access cablecasting. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". * * * * * * * * * * * * * Mayor Neal announced the executive session, which was listed on the agenda as follows: 16. Executive session under Texas Government Code Section 551.071 regarding Channel Investments, Ltd. vs. City of Corpus Christi, Cause No. 04-1975-G, in the 319`h Judicial District Court, Nueces County, Texas, 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 motion was passed with the following vote: 16. MOTION NO. 2004-398 Motion authorizing the City Manager and the City's attorneys to execute any documents required to compromise and settle Channel Investments, Ltd. vs. City of Corpus Christi, Cause No. 04-1975-G, in the 319`h Judicial District Court, Nueces County, Texas, including the execution of a deed without warranty of the City's interest and claims to the submerged lands under the boathouse located at 2802 North Shoreline Boulevard to Channel Investments, Ltd. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. City Manager Noe reported on October 30, 2004 at 1:00 p.m., the rededication of the Selena Auditorium will take place. The Best of the Best showcase will take place in the American Bank Center on October 31, 2004. A ribbon cutting ceremony opening the new arena is tentatively scheduled for November 5 at 10:00 a.m., before the first hockey game at 7:00 p.m. Mr. Noe also announced the neighborhood meeting for Neighborhood Improvement Program (NIP) Area 7 would be held at 6:00 p.m. on October 26. He said the city was asking citizens who needed assistance lighting their gas pilot lights to make arrangements now by calling 885-6913, rather than waiting for the first cold front. He said the service was free for individuals 65 and over, and $10 for others. Minutes - Regular Council Meeting October 26, 2004 - Page 14 Finally, Mr. Noe asked City Engineer Escobar to provide an aerial photo of the Packery Channel worksite. Mr. Escobar reported the work was approximately 45 percent complete as of this month. He pointed out where the jetties were being installed, and discussed the schedule for dredging the channel. Mr. Kelly asked if the plan was still to use the dredging material to renourish the beach in front of the seawall. Mr. Escobar answered affirmatively. Mayor Neal reported the Texas Municipal League conference was being held this week in the city beginning this Wednesday, the first conference to be held in the remodeled convention center. He asked the Council to participate in the conference as much as possible. Mayor Neal called for Council concerns and reports. Mr. Scott reported Whataburger was storing a collage that hung in the old airport facility, and was interested in negotiating with the city to place it in the new convention center. Mayor Neal suggested the city forward the idea to the Arts & Cultural Commission to decide where to place the art work. Mr. Kinnison encouraged everyone to vote in the upcoming November election, and to take advantage of early voting, which was taking place Monday through Friday of this week. Mayor Neal noted many citizens were voting early, pointing out there were huge lines at the Corpus Christi Athletic Club this week. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 1:45 p.m. on October 26, 2004. * * * * * * * * * * * * *