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)
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13.b. WITHDRAWN
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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.
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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
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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".
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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".
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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.
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