HomeMy WebLinkAboutMinutes City Council - 11/16/2004I 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 November 16, 2004, which were approved
by the City Council on December 14, 2004.
WITNESSETH MY HAND AND SEAL, on this the 14th day of December, 2004.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
November 16, 2004 - 10:02 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
* Arrived at 10:05 a.m.
** Arrived at 10:15 a.m.
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 Pastor Rod Carpenter of Solid Rock United Pentecostal Church and the
Pledge of Allegiance to the United States flag was led by Council Member Kelly. 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
regular Council meeting of November 9, 2004 and the special meeting of November 10, 2004. A
motion was made and passed to approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Neal called for consideration of the consent agenda (Items 2-19). City Secretary
Chapa announced that Council Member Noyola would be abstaining from the vote and discussion
on Item 3. Council members requested that Items 3, 9, and 19 be discussed. Mr. Bill Kopecky,
3609 Topeka, requested that Item 17 be discussed. A motion was made and passed to approve
Items 2 through 19, constituting the consent agenda, except for Items 3, 9, 17, and 19, which were
pulled for individual consideration. City Secretary Chapa polled the Council for their votes as
follows:
Minutes - Regular Council Meeting
November 16, 2004 - Page 2
2. MOTION NO. 2004-417
Motion approving a supply agreement with Hughes Supply, Inc., San Antonio, Texas for
approximately 1,189 cast iron foundry items in accordance with Bid Invitation No. BI -0017-
05 based on low bid for an estimated six month expenditure of $41,709.17. The term of the
supply agreement will be for six months with an option to extend for up to four additional
six-month periods subject to the approval of the supplier and the City Manager or his
designee. These items will be purchased into Warehouse Inventory and used by the Water,
Wastewater, and Park Maintenance Departments. Funds have been budgeted in FY 2004-
2005.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
4. MOTION NO. 2004-419
Motion approving a supply agreement for dumpster route service in accordance with Bid
Invitation No. BI -0126-04 with Browning Ferris Industries (BFI) Waste Services of Texas,
L.P., Corpus Christi, Texas based on only bid for an estimated annual expenditure of
$60,551.04. The term of the contract will be twelve months with option to extend for up to
two additional twelve-month periods, subject to the approval of the supplier and the City
Manager or his designee. This service will be utilized at thirty-eight different City facilities.
Funds have been budgeted in FY 2004-2005 by the using departments.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
5.a. MOTION NO. 2004-420
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$13,299 from the State of Texas, Criminal Justice Division for Year 5 funding for the
Computer Forensics Specialist grant and to execute all related documents.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
5.b. ORDINANCE NO. 026024
Ordinance appropriating $13,299 from the State of Texas, Criminal Justice Division in the
No. 1061 Police Grants Fund for Year 5 funding for the Computer Forensics Specialist grant
and transferring $45,977 from the No. 1020 General Fund and appropriating it in the No.
1061 Police Grant Fund as grant matching funds.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
November 16, 2004 - Page 3
6.a. RESOLUTION NO. 026025
Resolution authorizing the City Manager or his designee to accept a grant from the Texas
Parks and Wildlife Department in the amount of $11,952 for a portable sanitary pumpout
system at Corpus Christi Municipal Marina, with a City match of $3,984 in the No. 4700
Marina Fund, and a total project cost of $15,936.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
6.b. ORDINANCE NO. 026026
Ordinance appropriating $11,952 from the Texas Parks and Wildlife Department in the No.
1058 Marina Grants Fund for a portable sanitary pumpout system at Corpus Christi
Municipal Marina.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
7.a. RESOLUTION NO. 026027
Resolution authorizing the City Manager or his designee to accept an additional Title V grant
from the Texas Department of Health in the amount of $243,359 for family health and family
planning services.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
7.b. ORDINANCE NO. 026028
Ordinance appropriating an additional grant in the amount of $243,359 in the No. 1066
Health Grants Fund from the Texas Department of Health for Title V Family Health and
Family Planning Services.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
November 16, 2004 - Page 4
8. ORDINANCE NO. 026029
Ordinance appropriating additional revenue in the amount of $45,000 from the Women,
Infants and Children (WIC) Program in the No. 1066 Health Grants Fund for continuation
of the WIC Program.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
10. MOTION NO. 2004-423
Motion authorizing the City Manager or his designee to execute a Geotechnical Services
Agreement with Trinity Engineering/Kleinfelder, Inc., of Waco, Texas in an estimated
amount not to exceed $136,225 for the J.C. Elliott Landfill Groundwater Monitoring and
Sampling - 2004 and 2005.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
11. MOTION NO. 2004-424
Motion authorizing the City Manager or his designee to execute an Aide to Construction
Agreement for Port Avenue Street Light Installation (Sam Rankin to Tancahua) with
American Electric Power in an amount not to exceed $47,720 for Port Avenue Street Light
Installation (Sam Rankin to Tancahua).
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
12. MOTION NO. 2004-425
Motion authorizing the City Manager or his designee to execute an Engineering Materials
Inspection, Testing and Laboratory Contract with Fugro Consultants, L.P., of Corpus Christi,
Texas in the amount of $65,940 for the Seawall Reconstruction Project Contract C - Peoples
Street to Coopers Alley (Marina Reach).
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
November 16, 2004 - Page 5
13. MOTION NO. 2004-426
Motion authorizing the City Manager or his designee to execute an Advanced Funding
Agreement with the Texas Department of Transportation in the amount of $0 for the
McKinzie Road Widening project.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
14. MOTION NO. 2004-427
Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the
construction contract with R. M. Wright Construction, of El Paso, Texas in the amount of
$402,887.83 for the Oso Water Reclamation Plant 30 -inch Force Main from Lift Station No.
2 to Bar Screen.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
15. MOTION NO. 2004-428
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
contract with HaIff Associates, Inc. of Austin, Texas in the amount of $44,500 for a total
restated fee of $164,873 to the Park and Recreation Master and Open Space Plan project for
the inclusion of the Cole Park Master Plan.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
16. MOTION NO. 2004-429
Motion authorizing the City Manager or his designee to execute Amendment No. 16 with
MEI Maverick Engineering of Corpus Christi, Texas for a total fee not to exceed $39,044,for
a total restated fee of $1,378,811 for the Antelope Street and Salt Flats Area 36-inch/48-inch
Wastewater Gravity Interceptor Project.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
November 16, 2004 - Page 6
18. ORDINANCE NO. 026031
Amending the City Code of Ordinances, City of Corpus Christi, Chapter 17, Finance and
Taxation, Section 17-1.2, Service Charge for Returned Checks, by increasing said fee from
$25.00 to $30.00; providing for an effective date of December 1, 2004. (First Reading
11/9/04)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye";
Cooper was absent.
Mayor Neal opened discussion on Item 3 regarding the purchase of a Chevrolet suburban for
use by the aviation department. Mr. Kelly noted the vehicle was being purchased from an out-of-
town vendor, and he asked whether this was a better deal than purchasing the vehicle locally. Mr.
Mike Barrera, procurement and general services manager, responded the city received a price quote
from the out-of-town vendor that was $3,000 lower than the local vendor. City Secretary Chapa
polled the Council for their votes as follows:
3. MOTION NO. 2004-418
Motion approving the purchase of one Chevrolet suburban from Lawrence Marshall
Chevrolet, Hempstead, Texas for the total amount of $27, 113. The award is based on the
Cooperative Purchasing Agreement with the Houston Galveston Area Council of
Governments (HGAC). The vehicle is a replacement for the Aviation Department. Funding
is available from the FY 2004-2005 Capital Outlay Budget in the Aviation Fund.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Cooper was absent; Noyola
abstained.
Mayor Neal opened discussion on Item 9 regarding the city hall renovation project, and he
asked for more information on what the project would entail. Assistant Director of Engineering
Kevin Stowers replied the project would remodel all six floors of city hall to create functional work
units throughout the building. The work would include approximately $990,000 to replace the
HVAC distribution and control system for the building, and approximately $340,000 for replacement
of the current antiquated elevator system with a new state-of-the-art system. In addition, he said
many cosmetic improvements would be completed, such as replacing old carpet. Additional
waterproofing to further reduce the water penetration in the building was also being recommended.
In conclusion, he said the work was quite extensive, and would serve to create a more professional
image for the city in the community.
City Manager Noe added when the city settled the litigation against the initial contractor on
the building, the funds were used primarily for exterior repairs to minimize the water penetration.
There were no improvements made to repair the damage inside the building.
Mr. Colmenero asked for a timeline on the completion of the work, and if the work would
result in any service delays for customers. Mr. Stowers replied Dykema and Associates would be
Minutes - Regular Council Meeting
November 16, 2004 - Page 7
on retainage to work closely with Barcom, the contractor, to minimize any disruptions in service.
He said the project was being divided into three phases over 365 days to further minimize
disruptions.
Mr. Noyola expressed concern that only one contractor bid for the project. Mr. Stowers
replied the city was hoping to have four or five bidders, but most firms indicated they did not have
the capacity to bid on additional projects at this time. Nevertheless, he said Barcom Commercial
was a well-regarded local contractor specializing in commercial -type buildings, and they submitted
an excellent bid, approximately $3,000 less than anticipated. He cautioned, however, that having
fewer bidders for projects would probably become a more common occurrence since all the local
governmental entities were beginning bond projects as well. City Manager Noe added staff had
developed a number of strategies to preclude the problem of less competition for bids on the various
Bond 2004 projects, which would be discussed during the bond project update. In addition, Mr.
Stowers said staff would continue working with the Major Projects Committee to ensure the projects
were structured to allow for optimal local firm participation.
Mr. Scott asked if the building was properly sealed. City Manager Noe replied the city had
made a major effort several years ago to seal the building. He said there were still a few minor
problems, but by and large, staff felt the problem had been sufficiently addressed to recommend
moving forward with this project. City Secretary Chapa polled the Council for their votes as
follows:
9.a. ORDINANCE NO. 026030
Ordinance appropriating $3,920,900 from the unappropriated claim settlement from City
Hall Capital Improvement Project Fund No. 3160 for the City Hall Renovation Phase 2
Project; amending Capital Budget adopted by Ordinance No. 025647 by increasing
appropriations by $3,920,900.
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".
9.b. MOTION NO. 2004-421
Motion authorizing the City Manager or his designee to execute a construction contract with
Barcom Commercial, Inc., of Corpus Christi, Texas in the amount of $3,524,900 for the City
Hall Renovation Phase 2 Project.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
November 16, 2004 - Page 8
9.c. MOTION NO. 2004-422
Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the
architectural contract for enhanced construction phase management services with Dykema
Architects, Inc., of Corpus Christi, Texas in an amount not to exceed $39,500 for City Hall
Renovation Phase 2 Project.
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 17 regarding a computer software purchase. Mr. Bill
Kopecky, 3609 Topeka, expressed concern about the frequent updates needed for software
purchases, and about the city's use of out-of-town vendors rather than a local vendors. He also asked
for the fund source for this purchase. Director of Municipal Information Services (MIS) Ogilvie
Gericke replied the purchase was being made with MIS funds. He explained the recommended
vendor was approved by the Texas Department of Information Resources, offering the city a
discounted price. City Manager Noe added he did not believe there was a local vendor that could
provide Oracle licenses. City Secretary Chapa polled the Council for their votes as follows:
17. MOTION NO. 2004-430
Motion authorizing the City Manager or his designee to purchase a ten (10) processor based
perpetual Oracle Database Enterprise Edition license with twelve-month software update and
product support from MYTHICS of Virginia Beach, Virginia in the amount of $258,009.60.
MYTHICS is an approved Texas Department of Information Resources vendor.
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 19 regarding the establishment of a school zone on
Kostoryz Road. The Mayor questioned whether this item actually addressed the concerns of the
residents in the Galvan Elementary School area, who he understood had requested a one-way traffic
pattern in the area. City Engineer Angel Escobar explained the school zone enhancements were a
necessary component of the area traffic management plan. He noted, however, that staff was
working with the principal, assistant principal, and the PTA to evaluate two additional proposals for
the area, which included plans for a one-way traffic pattern. Mayor Neal asked staff to clarify this
point with the residents, because some believed staff had abandoned the idea of a one-way traffic
pattern. City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
November 16, 2004 - Page 9
19. ORDINANCE NO. 026032
Amending the Code of Ordinances, Section 53-254, Schedule V, Increase of state speed limit
in certain zones, by establishing a school zone on Kostoryz Road:
A 25 mile per hour school speed zone on Kostoryz Road, when lights are flashing,
for a distance of 400 feet, from a point 200 feet north of the centerline of Masterson
Drive to 200 feet south of the centerline of Masterson Drive; and
providing for penalties. (First Reading 11/9/04)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye".
* * * * * * * * * * * * *
Mayor Neal referred to Item 20, and a motion was made, seconded and passed to open the
public hearing on the following text amendment:
An ordinance amending Section 3-1.55 of the Zoning Ordinance to include window signs
within the definition of a sign.
City Secretary Chapa said the Planning Commission and staff recommended approval of the
zoning ordinance text amendment to the sign definition.
Director of Development Services Barbara Bailey explained the text amendment would
address a loophole in the sign ordinance which stated that items behind glass were not considered
a sign according to the city's definition. She said staff was requesting an additional amendment to
remove the words "out of doors" because staff was trying to regulate anything in view of the general
public intended to advertise a business. She said the amendment was considered to be non-
controversial. Mr. Scott made a motion to amend the ordinance as stated by Ms. Bailey, seconded
by Mr. Garrett, and passed.
No one spoke in opposition to the text amendment. Mr. Scott made a motion to close the
public hearing, seconded by Mr. Garrett, and passed.
Mr. Chesney asked if staff had discussed the proposed amendment with any of the interested
parties (realtors, landlords, etc.) in the area. He said he had received a number of calls about the
proposed amendment, but was uncertain what the concern was. Ms. Bailey replied staff had
discussed the matter with the public, and had not received any comments. Mr. Chesney asked Ms.
Bailey to speak with Mr. Leon Loeb about the proposed amendment because he had some concerns.
Mr. Kelly was concerned the proposed amendment would inadvertently regulate signage
indoors, such as in a shopping mall, because it used the wording "placed in view of the general
public", which seemed to imply that any signage in view of the general public would be regulated,
whether or not it was visible from outside. Ms. Bailey replied negatively, saying the ordinance only
regulated signs communicating to the off -premises public. Mr. Kelly felt the ordinance as written
Minutes - Regular Council Meeting
November 16, 2004 - Page 10
did not make this distinction. Ms. Bailey suggested that staff could add the wording "off -premises
general public" to address his concern. Mr. Kelly concurred with her suggestion.
Mr. Kinnison asked if it was allowable to paint a sign advertising a business on the wall of
a two-story building. Ms. Bailey replied it depended on the zoning designation. With the exception
of the water -oriented zoning districts (e.g. Shoreline Boulevard or Padre Island), most zoning
districts had unlimited wall signage, so the example he cited would be allowed. Mr. Noe stated this
was one of the issues raised as a potential revision of the sign ordinance to be considered.
Mr. Scott expressed concern that the proposed amendment would affect boat stores or
furniture stores with displays behind glass at their stores. Ms. Bailey replied negatively, saying the
ordinance wasn't designed to affect these types of displays.
Mr. Scott accepted Mr. Kelly's amendment to his motion, changing the ordinance wording
to read "off -general public". The amendment passed unanimously. City Secretary Chapa polled the
Council for their votes on the amended ordinance as follows:
20. FIRST READING ORDINANCE
Amending the Zoning Ordinance by amending Section 3-1.55, Sign, by revising the
definition of a sign to no longer exclude a device or structure located within a building.
The foregoing ordinance was passed and approved as amended on its first reading as
follows: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye".
Mayor Neal referred to Item 21, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 0804-04, JJS&A Limited One Partnership (Jack Tucker, Limited Partner): A
change of zoning from a "B-4" General Business District to an "A -1A" Apartment House
District with a PUD -2 Planned Unit Development. The property is in Flour Bluff and
Encinal Farm and Garden Tracts, Section 6, being 8.08 acres out of Lots 23 and 24, located
130 feet west of South Staples Street and 425 feet south of Yorktown Road.
City Secretary Chapa said the Planning Commission and staff recommended approval of the
"A -1A" Apartment House District with a PUD -2 Planned Unit Development.
Assistant Director of Development Services Michael Gunning reported the applicant's
proposed development would consist of 54 two-story units. The property was located west of Staples
Street, south of Yorktown Boulevard. The applicant proposed having a gated community with
private streets and a private pond, which required a Planned Unit Development classification. In
addition, he said the proposed development plans indicated zero -lot line construction of the
townhomes.
No one appeared in opposition to the zoning change. Mr. Chesney made a motion to close
the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their
Minutes - Regular Council Meeting
November 16, 2004 - Page 11
votes as follows:
21. ORDINANCE NO. 026033
Amending the Zoning Ordinance, upon application by JJS&A Limited One Partnership (Jack
Tucker, Limited Partner) by changing the zoning map in reference to 8.08 acres out of Flour
Bluff and Encinal Farm and Garden Tracts, Section 6, Lots 23 and 24, from "B-4" General
Business District to "A -1A" Apartment House District with a PUD -2 Planned Unit
Development 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, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
Mayor Neal referred to Item 22, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 1004-01, Henry Tucker: A change of zoning from a "F -R" Farm -Rural District
and "R -1B" One -family Dwelling District to a "R -1B" One -family Dwelling District. The
property is in Flour Bluff and Encinal Farm and Garden Tracts, Section 26, being 153.51
acres out of Lots 16, 17, 18, 19, 28, 29, 30, and 31, located east of Rodd Field Road, north
of Slough Road, and south of County Road 26-A (Brooks Road).
City Secretary Chapa said the Planning Commission and staff recommended approval of the
"R-1 B" One -family Dwelling District.
No one spoke in opposition to the zoning change. Mr. Chesney made a motion to close the
public hearing, seconded by Mr. Colmenero, and passed. City Secretary Chapa polled the Council
for their votes as follows:
22. ORDINANCE NO. 026034
Amending the Zoning Ordinance, upon application by Henry Tucker by changing the zoning
map in reference to 153.51 acres out of Flour Bluff and Encinal Farm and Garden Tracts,
Section 26, Lots 16, 17, 18, 19, 28, 29, 30, and 31, from "F -R" Farm Rural District and "R -
1B" One -family Dwelling District to "R -1B" One -family Dwelling 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, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
Mayor Neal referred to Item 23, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Minutes - Regular Council Meeting
November 16, 2004 - Page 12
Case No. 1004-02, Atascosa Land and Cattle, Ltd.: A change of zoning from a "R -1B"
One -family Dwelling District to a "B-1" Neighborhood Business District. The property is
in Bass Subdivision, Block 28, Tract N, and a portion of Tract M, located north of Saratoga
Boulevard and 1,200 feet east of Airline Road.
City Secretary Chapa said the Planning Commission and staff recommended approval of the
"B-1" Neighborhood Business District.
No one spoke in opposition to the zoning change. Ms. Cooper made a motion to close the
public hearing, seconded by Mr. Colmenero, and passed.
Mr. Scott expressed concern about a new state law limiting the number of curb cuts along
a state highway to one every 1200 feet. Ms. Bailey explained the state's intent was not to deny
access to property; rather, the law was intended to provide safe and adequate access to property. Mr.
Noe added the state would probably negotiate with property owners on a case-by-case basis to
minimize the number of access points. Mr. Scott remarked the new law was going to become a
significant development issue on the city's southside because it affected several main roads, such
as Staples Street, Saratoga Boulevard, and Rodd Field Road. He felt the law could negatively affect
southside development opportunities, and stated the city needed to consider this an important policy
issue. City Secretary Chapa polled the Council for their votes as follows:
23. ORDINANCE NO. 026035
Amending the Zoning Ordinance, upon application by Atascosa Land and Cattle, Ltd. by
changing the zoning map in reference to Bass Subdivision, Block 28, Tract N, and a portion
of Tract M, 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, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Mayor Neal referred to Item 24, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 1004-03, Esperanza Garza and Gail Seal: A change of zoning from a "R -1B"
One -family Dwelling District and "AB" Professional Office District to a "8-1"
Neighborhood Business District. The property is in Alameda Park, Block 6, Lots 1, 2, and
36, located east of Everhart Road and south of Avalon Street.
City Secretary Chapa said the Planning Commission and staff recommended approval of the
"13-1" Neighborhood Business District.
No one spoke in opposition to the zoning change. Mr. Noyola made a motion to close the
public hearing, seconded by Mr. Colmenero, and passed. City Secretary Chapa polled the Council
for their votes as follows:
Minutes - Regular Council Meeting
November 16, 2004 - Page 13
24. ORDINANCE NO. 026036
Amending the Zoning Ordinance, upon application by Esperanza Garza and Gail Seal by
changing the zoning map in reference to Alameda Park, Block 6, Lots 1, 2, and 36, from "R-
IB" One -family Dwelling District and "AB" Professional Office 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, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Mayor Neal referred to Item 25, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 1004-05, WH & BH. Ltd., Wm. H. Holms, Jr.: A change of zoning from a "R -1B"
One -family Dwelling District to a "B-4" General Business District. The property is in
Broadmoor Park No. 2 Extension, Block C, Lots 6 and 7, located east of Sarita Street and
north of South Port Avenue.
City Secretary Chapa said the Planning Commission and staff recommended denial of the
"B-4" General Business District and in lieu thereof, approval of a "R -1B" One -family Dwelling
District with a Special Permit, subject to six (6) conditions.
Assistant Director of Development Services Michael Gunning reported the applicant
proposed using the subject property, consisting of two vacant lots with a total area of 0.296 acre, as
a parking lot associated with a grocery store use located to the south. Staff was recommending the
denial of the "B-4" District and approval of a Special Permit only for the parking lot use subject to
six conditions as follows: screening fence requirement; shielded and directional external lighting;
and landscaping complying with "B-1" Neighborhood Business District requirements.
No one spoke in opposition to the zoning change. Mr. Chesney made a motion to close the
public hearing, seconded by Mr. Kinnison, and passed. City Secretary Chapa polled the Council for
their votes as follows:
25. ORDINANCE NO. 026037
Amending the Zoning Ordinance, upon application by WH & BH, Ltd., and Wm. H. Holmes,
Jr. by changing the zoning map in reference to Broadmoor Park No. 2 Extension, Block C,
Lots 6 and 7 from "R -1B" One -family Dwelling District to "R -1B" One -family Dwelling
District with a Special Permit subject to six (6) conditions; 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, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Minutes - Regular Council Meeting
November 16, 2004 - Page 14
* * * * * * * * * * * * *
Mayor Neal referred to the presentations on the day's agenda. The first presentation was
Item 26, an update on the wireless fidelity (WiFi) and automated meter reading (AMR) pilot
projects. Director of Municipal Information Systems (MIS) Ogilvie Gericke reported the Council
awarded contracts to three different vendors for the pilot projects as follows: Public Technology,
Inc. - design, implementation, and evaluation of automated meter reading (AMR) and wireless
broadband network (WiFi) pilot projects; Tropos Network - design and installation of the WiFi
pilot network; and Northrop Grumman - design and installation of the AMR pilot solution.
Mr. Gericke displayed a map delineating the boundaries of the WiFi and AMR pilot areas.
The WiFi project area was approximately 18.5 square miles, bordered by Everhart Road, Holly
Road, the Crosstown Expressway, and Ocean Drive. He also pointed out the two AMR pilot areas.
The first area was bordered by SPID, the Crosstown Expressway, Gollihar Road, and Kostoryz
Road, and the second area was bordered by Everhart, Alameda, Ocean Drive, and Doddridge.
Mr. Gericke briefly discussed the timeline for the project. He said the project was on
schedule as a whole. Regarding the WiFi project, he said the deployment of WiFi devices at the
American Bank Center was complete. He said WiFi testing and evaluation was being conducted
now, and strategic planning was also in progress. Regarding the AMR project, he said the pilot
survey had been completed, the equipment had been ordered, and staff expected construction to
begin in December.
Mr. Gericke explained the difference between "hot spots" and contiguous coverage. He said
hot spots were common throughout the country, and were comprised of a small areas with broadband
data service. He said it was fairly inexpensive to deploy because of the small area size, but users
must come to the service areas, and cellular data service was required for service outside those areas.
It was economically, organizationally, and physically impractical, however, to deploy hot spots in
large networks to cover the entire city. By contrast, to achieve the contiguous coverage the city was
planning, Mr. Gericke described the "cellular mesh" process, which combines the ubiquity and
reliability of cellular without the cost and complexity of dedicated, per node wiring.
Mr. Gericke discussed the security measures for the proposed WiFi system. He said the city
was using a layered approach of security measures as follows: TROPOS - encryption between
devices; PRONTO - secure sign on; VPN and Netilla - secure Internet access; Cisco - firewall
protection; and VLAN - separation between communication links.
Mr. Gericke covered the estimated system costs for project implementation. Regarding the
meter infrastructure, he estimated that $3,220,405 in costs would be accrued to replace meters that
were incompatible with the AMR devices. In addition, approximately $2,729,475 in funding was
anticipated to replace old meters.
Regarding the automated meter reading costs, Mr. Gericke stated that approximately
$1,763,000 was estimated for consulting and project management. The pilot implementation project
was estimated to cost $597,248, and $16,595,288 was estimated for the build out for the project.
Regarding the WiFi project, Mr. Gericke said the pilot implementation was estimated at
Minutes - Regular Council Meeting
November 16, 2004 - Page 15
$1,041,200, and additional $5,697,720 was estimated for the build out.
Mr. Gericke introduced Dr. Costis Toregas, president emeritus of Public Technologies
Incorporated (PTI), and Mr. Leonard Scott, MIS business unit manager, to provide more information
on the projects. Dr. Toregas made a brief presentation on the history of PTI. Established in 1971
by the National League of Cities and the National Association of Counties, he said the organization's
goal was to ensure the latest technology was accessible to local governments. He was serving as
the project manager for the city's WiFi project, and provided an update on the city's project. He said
the city was on the threshold of becoming a global leader in this type of technology - to deploy a
wireless broadband network that would be available to all citizens in the city.
Dr. Toregas discussed the opportunities the proposed WiFi could present to the city. First,
he said deploying WiFi on a metropolitan scale could put Corpus Christi on the map with other
innovative and technologically driven cities because there was no other city of comparable size in
the world to have accomplished this feat. Second, he said the implementation of WiFi could help
the city become the next "silicon valley". Third and last, he said citywide WiFi could empower all
residents by making connectivity more accessible.
Dr. Toregas discussed the economic development opportunities that citywide wireless
connectivity could present. First, he said entrepreneurs looking for wireless conductivity could start
a reverse exodus to the city. Second, WiFi could create an incubator potential for the next
generation of companies for wireless future. Third, tourism will have unique differentiation besides
its natural resources.
Dr. Toregas discussed the possibilities beyond economic development. WiFi could
strengthen democracy by bringing the government closer to the people, through electronic voting
and the like, and by providing connectivity to the "have-nots" in society. In addition, he said WiFi
could improve government service delivery, through a web -based emergency operations center
(EOC), work management system, permits and licenses, and video surveillance.
Dr. Toregas stated WiFi was a hot topic of conversation in the industry. He mentioned an
article by Mr. Neal Peirce entitled, "Whole Cities as Internet Hotspots? - The WiFi Revolution
Spreads". In addition, PTI held its 2004 Metro Mobile WiFi Network Summit in Corpus Christi,
drawing over 200 communities. Finally, he said WiFi enabled devices were flooding the
marketplace.
Dr. Toregas stated the key to the success of WiFi was to create partnerships in the
community. In the private sector and within the telecommunications industry, Wireless Internet
Service Providers (WISPs), applications providers, and the service industry were good candidates
for partnerships. Other governmental agencies(federal, state, and school) were also good candidates,
as well as neighborhood groups. Areas of common interest for partnerships include the maintenance
of the network, operations (e.g. billing and marketing), and applications for oversight.
Dr. Toregas covered a number of guiding principles for creating partnerships. First, each
partner must do what they do best, such as financing, support, creativity, and infrastructure. Second,
potential revenue sharing could be explored. Third, a clear vision of collective goals needed to be
established.
Minutes - Regular Council Meeting
November 16, 2004 - Page 16
Dr. Toregas reiterated that staff was on target. He mentioned that staff anticipated the
technical components of the project would be in place by March 2005. He suggested the Council
could begin considering policy options now for the infrastructure and capacity.
Dr. Toregas announced the City of Corpus Christi had been selected by Intel as a Global
Digital City to showcase multiple solutions using WiFi. He said the city was the first of only two
or three cities in the this country, and no more than 10 cities in the world to be given this
designation. Intel would bring Proof of Concept (PoC) projects and a global campaign to further
promote the city.
Dr. Toregas speculated on the potential applications for WiFi that various industries may be
considering, such as insurance field claims, goods delivery support, RFID tagging and cargo
management, and homeland security and surveillance.
Dr. Toregas advised the city not to look for similar experiences in other cities because the
city was breaking new ground by offering citywide interne connectivity.
Dr. Toregas discussed several issues for consideration. First, the Council needed to consider
a number of policy issues behind the Wi-Fi deployment, such as whether to offer free access to all
residents or only to certain segments of the population. Second, the Council may want to consider
the creation of committees to oversee deployment, priority setting, and partnerships. Finally, he
encouraged the Council to stay the course.
Mr. Colmenero asked several questions regarding possible interference between the city's
wireless service and other devices. Mr. Leonard Scott, MIS business unit manager, said the city's
frequency would be set aside from other frequencies for general public use. In the event of a
conflict, he said staff would work with the entity to adjust their frequency to minimize any
interference. To date, Mr. Scott stated there had only been contacted on three occasions
Ms. Cooper asked Dr. Toregas to further explain how the city could attract technology-based
companies to the community. Dr. Toregas replied there were two strategies the city could take.
First, the city could target attract companies that specializing in wireless devices and wireless
service provision, acknowledging that there weren't many existing companies now, but it was a
growing field. Second, the city's economic development marketing campaign could promote
citywide wireless service to differentiate the city from other cities. He recommended the city create
a coherent and strong message to attract businesses. Ms. Cooper thanked staff and Dr. Toregas for
taking a leading role in seeking out this technology.
Mr. Kelly asked how adaptable the system would be to technological advances. Mr. Noe
replied the key was having consumer devices readily available that would allow them to utilize the
technology. He said Intel felt comfortable assuring a 10-to15 year life span for consumer devices
that would make the use possible. Mr. Kelly asked if the system would allow for upgrades once the
15 -year life span had elapsed. Mr. Noe answered the long-term business plan needed to anticipate
technological advances, and build in revenue streams to fund upgrades and maintenance. Mr. Kelly
asked how much usage the system could handle before becoming overburdened. Mr. Noe replied
the system could be scaled to meet the required usage by adding devices. Mr. Kelly asked if
residents in the River Valley would receive the same level of service. Mr. Scott replied
Minutes - Regular Council Meeting
November 16, 2004 - Page 17
affirmatively, saying there would be devices placed every two to three street lights or intersections
throughout the city that would provide enough density for service.
Council Member Scott was enthusiastic about the proposed citywide WiFi system. He asked
when the discussions on policy issues would take place. Mr. Noe replied the discussions would take
place between now and February 2005. He said staff has had preliminary discussions with PTI to
develop alternative business models and cost issues. The next step would be to present the Council
with a number of alternatives, the pros and cons for each, and the policy issues involved. Staff
would then take Council's direction to narrow down the choices.
Mr. Kinnison stated he was looking forward to seeing more specifics on the proposed
business plan during the upcoming discussions. He was concerned how the AMR implementation
costs would affect utility rates. Regarding the WiFi, he felt it was crucial to have partners
designated up front and a good business plan to handle maintenance and upgrade costs before fully
deploying the project. He said the city was investing in the WiFi project with taxpayer money, and
it was important that the taxpayers receive a good rate of return. Overall, he was in support of the
project.
Mr. Chesney cautioned against building expectations too high in the event the city
experienced difficulty with the project. He said there were significant costs involved, and thus it
was important to ensure the city had partners willing to assume some of the risk and cost. He also
felt it was important that the public receive a good rate of return on the investment in WiFi. He was
in support of the project, however, and encouraged staff to work with the Economic Development
Corporation to promote WiFi to attract businesses.
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. Wayne Hodge, 3626 Rodwood, spoke regarding concerns about manpower shortages in the
police department. Mr. Roland Garza spoke regarding freedom of speech and freedom of
association issues. Ms. Sherry Dunlap, 5825 Hopkins, stated staff had not provided her with
information requested by Mr. Chesney regarding animal control issues.
* * * * * * * * * * * * *
Mayor Neal announced the executive sessions, which were listed on the agenda as follows:
36. Executive session under Texas Government Code Section 551.071 regarding Cause No. C-
04-94, Deborah J. Golder, et al v. City of Corpus Christi, et al, in the United States District
Court for the Southern District of Texas, with possible discussion and action related thereto
in open session.
In addition, Mayor Neal announced an executive session related to Item 33 on the use of
public rights-of-way and property by pipelines pursuant to Texas Government Code Section 551.071
Minutes - Regular Council Meeting
November 16, 2004 - Page 18
The Council went into executive session. The Council returned from executive session and
the following motion was passed with the following vote:
36. MOTION NO. 2004-433
Motion authorizing the City Manager to employ the law firm of Hermansen, McKibben,
Woosley & Villarreal, L.L.P. and Canales & Simonson, P.C. to provide legal representation
in Cause No. C-04-94, Golder v. City et al, at an hourly rate not exceeding $150, subject to
certification of funds.
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 discussion on Item 33, the proposed pipeline ordinance. Mr. Chapa
explained staff was recommending a substitute motion for Item 33.a. to amend the pipeline
ordinance prior to second reading to change all references to 150 -foot right-of-way to 75 -foot right-
of-way. There were no comments from the public. City Secretary Chapa polled the Council for
their votes as follows:
33.a. MOTION NO. 2004-431
Motion to amend the pipeline ordinance prior to second reading to change all references to
150 -foot right-of-way to 75 -foot right-of-way.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
33.b. ORDINANCE NO. 026023
Amending Chapter 49 of the City of Corpus Christi Code of Ordinances by adopting new
Article VII and amending Article IV, Section 49, relating to the requirement that all
pipelines in the City rights-of-way and in City -owned property be licensed or otherwise
authorized by the City; establishing procedures for the application for and granting of
licenses; establishing the charges for the use of City rights-of-way and City -owned property
by authorized and unauthorized pipelines; providing for protection of City rights-of-way and
City -owned properties and interests; reserving the City's claims for prior occupation of
public property by pipelines; providing for related matters; and other provisions related to
the subject matter of this ordinance; providing an effective date; providing for penalties;
providing for reservation of civil remedies. (First Reading 10/12/04) (TABLED ON
NOVEMBER 9, 2004)
The foregoing ordinance was passed and approved as amended on its second reading with
the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola
and Scott, voting "Aye".
* * * * * * * * * * * * *
Minutes - Regular Council Meeting
November 16, 2004 - Page 19
Mayor Neal referred to Item 28, a presentation on the status of the 2002 Animal Care Action
Plan. Ms. Cherrie Stunz, Animal Care Program Manager, reported their mission was to protect
citizens from rabies, apprehend stray, at -large, and unwanted animals, and to enforce city and state
laws.
Ms. Stunz reviewed the results of the 2002 action plan. The first component of the plan was
a study of the use of lethal injection vs. carbon monoxide for euthanizing animals. The outcome was
that carbon dioxide was no longer being used for euthanizing animals, replaced by lethal injection
with sodium pentobarbital.
The second component of the action plan was the creation of a new low cost spay and neuter
program. Ms. Stunz stated the outcome was that staff was committed to the continuance of a
program, including funding for public education. Staff was continuing their dialogue with
veterinarians to increase participation to provide services for low-income families.
The third component was to increase staffing. Ms. Stunz reported two staff positions were
added, an animal control field officer and an animal control kennel officer. In addition, she said the
animal care division was reorganized to include a field supervisor, a kennel master, and a
bite/cruelty investigator.
The fourth plan component was to increase community education efforts. Ms. Stunz said
all staff members were participating in the these efforts, including speaking engagements and
activities with the Neighborhood Improvement Program, pet fairs, schools, and colleges.
The fifth plan component was to revise the animal care facility hours to include Saturdays
from 10:00 a.m. to 4:00 p.m. Ms. Stunz said staff tried this arrangement for a year, but found the
facility did not have enough visitors to warrant the additional staffing expenses required. Thus, the
current facility hours were from 8:00 a.m. to 6:00 p.m. for the main office, 11:00 a.m. to 6:00 p.m.
for the kennels, and closed on weekends.
The sixth plan component was to transfer the taking of citizen calls from animal care services
to the city call center. Ms. Stunz reported this call center was now taking calls regarding animal care
services, and calls were being dispatched through the Utilities Business Office.
The seventh plan component was to institute a volunteer program. Ms. Stunz stated animal
care services had an active volunteer program, headed by Mr. Jaime Luna, kennel master. She said
volunteer job descriptions included dog walkers, groomers, photographers, data entry, and tour
guides. In addition, Mr. Luna provided training sessions on various subjects, including animal
handling and safety, animal identification, vaccination and preventative health, people and kennels,
and fleas, ticks and other parasites.
The eighth plan component was to achieve 100% adoption of adoptable animals, and to have
two animal care staff members serve as adoption counselors. Ms. Stunz reported that all staff
members currently serve as adoption counselors, and the division was committed to meeting the
100% adoption goal.
The ninth plan component was to address the commercial breeding permits issue by
Minutes - Regular Council Meeting
November 16, 2004 - Page 20
ordinance. Ms. Stunz stated the past ordinance did not define a "commercial breeder", and thus
animal care services was unable to enforce the ordinance. The issue was considered by the Animal
Control Advisory Committee, and they voted to remove the commercial breeder permits definition
from the ordinance.
Finally, the tenth plan component was to consider amending the current ordinance to
decrease the number of animals permitted from six to three. Ms. Stunz stated the committee had
taken no action on this issue at this time on this issue.
In conclusion, Ms. Stunz stated the animal care division's goal was to achieve compliance
through the enforcement of established ordinances, a "back to the basics" approach. In addition, she
said staff would continue to educate the public about spaying and neutering pets and responsible pet
ownership.
Mr. Kelly asked why it was preferable not to have a definition for commercial breeder in the
ordinance. Ms. Stunz replied staff and the advisory committee researched the issue, speaking with
other municipalities in the state and country. They found that no other cities currently had a
provision for commercial breeder permits because they did not feel they were necessary to address
animal overpopulation problems. There were a number of cities, namely Montgomery County, MD,
San Mateo County, CA, and Fort Wayne, IN, that previously had a commercial breeders permit
provision, but had rescinded it because of difficulty enforcing it. Ms. Stunz said their basic message
to the city was it was preferable to enforce existing ordinances, engage in a public information
campaign to encourage spaying and neutering, and encouraging responsible pet ownership.
Mr. Kelly was concerned about regulating certain aggressive breeds, such as pit bulls, and
felt a commercial breeders permit could be a regulation tool. Ms. Stunz replied that aggressive dogs
were more a product of their training rather than their breed. She emphasized the importance of
encouraging responsible pet ownership to counteract this. In addition, she said the proposed
ordinance included a more stringent definition of "dangerous animals". The animal care division
was also working with the city's environmental court to hold weekly administrative hearings
regarding aggressive animals.
Mayor Neal pointed out the proposed animal care ordinance was a regular agenda item, Item
29, for the Council's vote and consideration. Ms. Stunz was currently making a presentation on the
2002 Animal Care Action Plan, and he suggested the Council hold their comments on the ordinance
until he opened discussion on Item 29.
Mr. Garrett expressed concern that the animal care facilities were not open on Saturdays.
Ms. Stunz replied that due to budget constraints, the facility was unable to staff the facility on
Saturdays.
Mr. Chesney asked for more information on the commercial breeders permit controversy.
Assistant City Attorney Elizabeth Hundley replied there were two schools of thought regarding the
permits. One school asserted that if commercial breeders permits were defined and regulated, it
would serve as control against overpopulation. The other school of thought asserted that controls
on breeders permits did not affect the overpopulation issue, and breeders should not be legislated
regarding this activity.
Minutes - Regular Council Meeting
November 16, 2004 - Page 21
Mr. Chesney noted that a commercial breeders permit definition had been included in one
draft of the ordinance, but was removed after a change in membership on the animal control
advisory committee. He was concerned that Council politics had affected the committee's decision.
Ms. Hundley replied that in the first draft of the ordinance, she had included a working definition
of a "breeder". Over several months, she said the definition evolved based on feedback from
different constituent groups. When the committee membership changed, she said the committee
decided to end the controversy by removing the breeder permit provision.
Mr. Chesney asked for staffs opinion on the breeders permits. Ms. Stunz felt the city would
be able to address problems with overpopulation and aggressive animals by enforcing its current
ordinances; thus, she did not feel that regulating breeders permits was necessary. Ms. Hundley
agreed, saying staff was broadening the definition of a "dangerous animal" to include animals that
attacked other domestic animals without provocation.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 29, the first reading of the proposed animal control
ordinance. Ms. Stunz highlighted the significant changes to the ordinance. First, she said the animal
control services division was being formally renamed to the animal care services division. In
addition, the term "city license" was being changed to "city registration" to conform with state
regulations. Second, she stated the penalties assessed for violations were being increased from a
minimum of $25 to $50, and a maximum of $500 to $2,000. Third, there were a number of
clarifications and editing in the prohibited animal section.
Ms. Stunz highlighted a number of additions to the ordinance. First, staff was recommending
a change in restrictions on animals being sold at Easter by prohibiting sales of chickens, ducklings,
goslings, or rabbits thirty days before Easter Sunday, rather than ten days prior. Second, the
proposed ordinance contained a provision prohibiting the sale of animals on street corners without
a vending permit. Third, the ordinance contained a mandatory provision for spaying and neutering
of both dogs and cats. For cats, the ordinance will require all free -roaming cats to be spayed and
neutered after January 1, 2006. For dogs, the ordinance will require owners of a dog which has not
been registered and vaccinated, and whose dog is not spayed and neutered, and whose dog has been
impounded for being at large, will be required to have their dog spayed and neutered within 30 days
of the dog's release from impoundment. If the dog is impounded a second time in a one-year period,
and is registered and vaccinated, but has not been spayed or neutered, then the animal must be
spayed and neutered within 30 days following the second release from impoundment.
Mr. Noyola asked what type of violation would warrant the maximum fine of $500 - $2,000.
Ms. Hundley replied the environmental court judge had the discretion to set the fine on a case-by-
case basis.
Mayor Neal asked for public comment. The following individuals spoke in support of the
proposed ordinance, and also in support of excluding the provision for a commercial breeders
permit: Ms. Joan Urban; Ms. Barbara Beynon; Ms. Susan Thiem; Ms. Sharon Massad; and
Commander Pamela Herkow. Mr. Abel Alonzo asked for clarification on the provision prohibiting
the sale of specific animals before Easter Sunday.
Minutes - Regular Council Meeting
November 16, 2004 - Page 22
Mr. Scott thanked the animal control advisory committee for their efforts in developing the
proposed ordinance under difficult circumstances. He spoke in favor of the proposed ordinance, and
asked staff to strongly emphasize enforcement. Ms. Stunz replied staff was working with the
environmental court to strengthen enforcement efforts. Regarding curbside selling of animals, Mr.
Noe said the police department would work on increasing enforcement efforts, especially during the
weekends. City Secretary Chapa polled the Council for their votes as follows:
29. FIRST READING ORDINANCE
Amending the Code of Ordinances, Chapter 6, Animal Control by renaming the chapter;
redesignating existing Articles III, IV, V, and VI as Articles V, VI, VII, and VIII,
respectively; creating new Articles III and IV; renaming Articles I and II, redesignating
certain sections; revising the language of the chapter; providing for penalties.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye".
*************
Mayor Neal referred to Item 27, a presentation on the Bond 2004 draft timelines for the five
propositions passed by the citizens on November 2, 2004. City Engineer Angel Escobar explained
staff used several critical factors to develop the proposed execution schedule. First, the timelines
were designed to meet the total bond 2004 program commitment to have all projects constructed
and/or under construction prior to November 2008.
Second, the goal was to minimize the number of reduced lanes and complete road closures
to allow for public safety and emergency vehicle access.
Third, the timeline was structured to allow for public access during construction to schools
and businesses, and ensure the safety of pedestrians and residents.
Fourth, the goal was to minimize traffic disruptions by not having multiple projects or roads
under construction in the same areas at the same time.
Fifth, the timeline was designed to minimize interference with usage of sports fields and
parks, league schedules, and golf courses under construction.
Sixth, staff looked at coordinating and combining work with other approved and planned
projects, such as in the Lindale and Sunnybrook/Manshiem areas.
Seventh, staff was taking into account early starts for projects requiring long lead time, such
as those requiring federal or state permits, and land acquisition and rights-of-way requirements.
Eighth, the timelines accounted for project consolidation for schedule optimization and
economy of scale, such as in overlay projects and neighborhood street reconstruction.
Minutes - Regular Council Meeting
November 16, 2004 - Page 23
Ninth, he said staff wanted to ensure the availability of resources such as consultants,
contractors, and suppliers, by maximizing local participation and schedules by maximizing local
participation and schedules. In addition, staff wanted to avoid overloading contractor bidding and
construction for bond 2004 projects, TxDOT projects, and county projects.
Mr. Escobar reviewed the complete list of bond 2004 project, totaling $95,000,000 for the
general obligation bonds, and $30 million for the related street utility work.
Mr. Escobar reviewed the bond 2004 project timelines for street improvement projects.
Regarding the street improvement projects, Mr. Kelly noted the Up River Road (Rand Morgan to
McKenzie) project was expected to be completed in 2010, making it the last project completed. Mr.
Escobar replied the utility and drainage work associated with the project required a long lead time.
In addition, the work was being scheduled on one half of the road at a time to prevent the complete
closure. He said, however, that the timeline reflected the worst-case scenario for the project, and
it was possible the road could be completed much sooner than 45 months. Staff was working on
offering incentives and assessing penalties on contractors to motivate them to complete the work on
time. Mr. Kelly asked Mr. Escobar to expedite the project as much as possible.
Mr. Scott noted the Padre Island Aesthetic Development Project and the Park Road 22
project were joint projects with TxDOT. He asked if staff would work with TxDOT to facilitate the
project. Mr. Noe replied affirmatively, saying staff would work with the developers as well. Mr.
Escobar added that staff was recommending the projects for inclusion in the MPO future project list.
Mr. Scott asked if TxDOT gave priority to projects that already had funding. Mr. Escobar replied
affirmatively.
Mr. Escobar reviewed the bond 2004 project timelines for public health and safety, public
facilities, parks and recreation, and bayfront projects. In response to Mr. Kinnison's question, Mr.
Noe replied the southside fire station project and the southside library project completion dates have
been pushed to later years because of the O&M cost impacts of adding firefighters and city facilities.
If the city can find ways to fund the O&M costs earlier, then the construction timelines for the
projects would be accelerated. Regarding the southside library project, Mr. Kinnison asked staff
to explore potential partnerships with CCISD as well as the private sector by using a commercial
site. Regarding the windsport park improvements, Mr. Kinnison asked staff to coordinate with the
effort with the emerging interest group that has formed.
Mr. Escobar pointed out the city has over 100 projects under construction as of last week,
for a total of $289 million. He said half of the projects were being managed by private consultants
contracted by the city. The additional $125 million in work being proposed was feasible if the city
diligently supervised the projects and kept them on schedule. Staff would be relying project
managers and consultants even more so for these additional projects to maintain the pace. In
addition, Mr. Noe clarified that staff had not presented the proposed schedule to the Major Projects
Advisory Group, but would do this over the next few weeks.
Mayor Neal thanked Mr. Escobar and his staff for their successful execution of the Bond
2000 program. He said the success of this program was directly related to the passage of the Bond
2004, and he thanked staff for their diligence.
Minutes - Regular Council Meeting
November 16, 2004 - Page 24
Mr. Scott pointed out the community would not begin to see visible signs of the
improvements until August or September 2005 because of the preparation needed. He asked staff
to communicate this to the public so their expectations will be accurate. Mr. Escobar agreed, saying
staff would continue to provide quarterly progress reports on the Bond 2004 program, as they did
for the Bond 2000 program.
*************
Mayor Neal opened discussion on Item 34, the consideration of an appeal by NuPAC, Inc.
regarding the Cable Communications Commission's decision to decertify the group as the Channel
10 Public Access Users Group (PAUG). He asked Mr. Chapa to briefly review the procedures for
conducting the appeal. Mr. Chapa stated the process called for the appealing party to present their
case to the Council within a time limit of no more than 20 minutes, including any rebuttal if desired.
The representative from the Cable Communications Commission would also be given a 20 minute
time limit with no rebuttal. Mr. Noe added that City Council questions, if any, would be asked only
after all presentations have been made. Mr. Chapa stated the Council would not solicit public
comment on this item.
Assistant City Manager Oscar Martinez referred to a memo updating the Council on the
NuPAC appeal. He briefly reviewed the background of the case, stating that on October 11, 2004,
the Cable Commission chose to decertify NuPAC as the Channel 10 PAUG. On October 19, 2004,
NuPAC filed an appeal, and on October 26, 2004, the Council chose to table the appeal to see if an
agreement could be reached. He noted, however, that as of today, the issues had not been resolved,
so the appeal was being brought to the Council.
Mr. Kinnison referred to an e-mail from Cable Commission Chairman Richard Pulido which
pointed out that NuPAC, Inc. had recently been dissolved, so technically there was no organization
to carry out the appeal. Mr. Kinnison made a motion to end the appeal process, and send it back to
the Cable Commission to conduct the process of certifying a new PAUG, seconded by Ms. Cooper.
City Attorney Fischer agreed with Mr. Pulido's point that legally, there was no entity to carry out
the appeal. She said even if the Council were to decide on the appeal, the Council's choice would
be contingent upon the Cable Commission's certification of the group, per city ordinance.
Mr. Chesney took exception to the Council not hearing the appeal today. He felt the Council
would just be avoiding the inevitable, and he was upset that staff did not inform NuPAC about this
turn of events sooner. A discussion ensued regarding whether the Council should hear the appeal.
Mr. Noyola remarked the city ordinance did not require that the PAUG and the studio operators be
the same group. The Cable Commission would decide which group would run the PAUG, while the
city could oversee the studio contract. Mr. Martinez pointed out the ordinance did not require a
PAUG to be a 501-C3 under state law; rather, the group was required to meet five conditions, such
as having by-laws that were being voted. Mr. Chesney was still opposed to the idea of not hearing
the appeal today.
Mayor Neal stated that Mr. Kinnison would withdraw his motion in light of the opposition.
Mayor Neal asked the NuPAC representative, Ms. Cruz Colomo, to present her case.
Ms. Colomo stated that NuPAC had been dissolved, but without the consent of the presiding
Minutes - Regular Council Meeting
November 16, 2004 - Page 25
officers. Thus, she said the group was dissolved illegally by the former president, Mr. Bob Klepac,
and she took exception to this action. She resented Mr. Klepac's alleged attempts to undermine her
administration's leadership of the PAUG. Nonetheless, she said the group had reorganized as a new
coalition, with the same by-laws and the same officers, and they were ready to assume leadership
of the PAUG. She said she had the materials needed to submit their 501-C3 application to the IRS.
She took exception to Director of E -Government Susan Cable's management of the issue because
she felt Ms. Cable was biased toward the previous administration of NuPAC. She also felt the Cable
Communications Commission was biased against their group. She asserted that she had submitted
the information the commission had requested.
Mayor Neal noted that Ms. Colomo used her full 20 minutes to present her case, and thus
would not be able to make a rebuttal. He asked the representative of the Cable Communications
Commission, Mr. Richard Pulido, to present his case.
Chairman Pulido explained that the Cable Commission had decertified NuPAC because they
had consistently failed to comply with the requirements laid out in the city ordinance. He said the
commission made numerous attempts to work with NuPAC to bring them into compliance that were
documented in their meeting minutes, but to no avail. He said NuPAC chose to focus its efforts on
the actions of the prior administration rather than complying with the ordinance. Thus, he said the
commission had no choice but to decertify the group. He explained that the former NuPAC
president, Mr. Bob Klepac, was uncomfortable with the fact that his name still appeared on the legal
documents creating NuPAC because of liability concerns. Therefore, he took the actions necessary
to dissolve the group.
Chairman Pulido thanked Ms. Susan Cable and Assistant City Attorney Lisa Aguilar for
providing the expertise and support the commission needed. He disagreed with Ms. Colomo's
characterization of Ms. Cable's management of the situation, saying she had conducted herself in
a professional manner.
Chairman Pulido emphasized the commission was not biased against NuPAC; rather, they
were simply fulfilling their charge to enforce the city ordinance. He cited problems with tape
distribution and delivery, among many others. He said the commission's main concern was to ensure
that the producers were able to air their shows on Channel 10. Regarding the new coalition, he said
a lottery would be held on November 18, followed by a commission meeting. The producers would
vote on which organization they wanted to represent them as the PAUG. Then, he said the
commission would decide which organization would be certified as the PAUG, and he said they
would continue their efforts to work with group.
In conclusion, Mr. Pulido spoke in support of the commission's decision to decertify the
PAUG because of its failure to comply with the ordinance.
Ms. Cooper remarked that Ms. Colomo was faced with a challenge when she took over the
administration of NuPAC because of the previous administration's mismanagement. She spoke in
support of sustaining NuPAC's appeal, in effect re -certifying them as the Channel 10 PAUG.
Mr. Chesney was skeptical that Mr. Klepac dissolved NuPAC merely because of liability
concerns. He asked what affect the Council's vote would have today. City Attorney Fischer
Minutes - Regular Council Meeting
November 16, 2004 - Page 26
explained that even if the Council decided to sustain NuPAC's appeal, the decision was subject to
confirmation by the Cable Communications Commission because the group had been dissolved, and
thus would be required to obtain certification from the commission.
Mr. Kelly asked which group had the burden of proof, the appellants or the commission.
City Attorney Fischer replied the appellant, NuPAC, would have the burden of proof. In response
to his question, Ms. Fischer said NuPAC was running the studio now, but was not required to do so
to remain the PAUG. She said the studio could be run by a separate entity. Thus, Mr. Kelly
concluded that any violations regarding the studio operations were irrelevant to the appeal. Mr.
Kelly referred to a letter from the commission providing a detailed list of 15 violations that NuPAC
had committed. He noted that during Ms. Colomo's presentation, she made no attempt to address
any of these allegations. Therefore, he said was leaning toward denying NuPAC's appeal.
Mr. Kinnison agreed with Mr. Kelly's point that Ms. Colomo made no attempt to address any
of the Cable Commission's allegations. Unfortunately, he said NuPAC's focus had deteriorated into
personal attacks, rather than attempts to address the violations. Therefore, he spoke in support of
denying NuPAC's appeal.
Mr. Noyola stated he wanted the conflict to finally come to an end. He spoke in support of
deferring the issue to the Cable Communications Commission, rather than having the Council make
a decision.
Mr. Scott made a motion to table the appeal until December 14 to allow the producers and
the Cable Commission time to designate and certify a new PAUG, seconded by Mr. Chesney. Mr.
Chesney asked Ms. Colomo a series of questions regarding her concerns about tabling the issue until
December 14. Ms. Colomo was opposed to tabling the appeal because she disagreed with allowing
the producers to hold an election for a new PAUG on November 18. She was upset that a new
group, headed by Mr. Jack Gordy, had emerged to contest her coalition's leadership of the PAUG.
If the Council did not sustain her appeal, she said her group would not participate in the election,
and would in fact take out a restraining order to prevent it from occurring. City Secretary Chapa
polled the Council for their votes on Mr. Scott's motion: Chesney and Scott, voting "Aye"; Neal,
Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "No"; Colmenero was absent. The motion
failed.
A motion was made to deny the NuPAC appeal, seconded by Mayor Neal. City Secretary
Chapa polled the Council for their votes as follows: Neal, Kelly, Kinnison, and Noyola, voting
"Aye"; Chesney, Cooper, Garrett, and Scott, voting "No"; Colmenero was absent. The motion
failed.
The Council was deadlocked, and a discussion ensued over how to break the deadlock.
Mayor Neal asked what entity would hold the November 18 lottery, since there was no PAUG at this
time. Assistant City Manager Martinez replied the ordinance provided that in the absence of a
PAUG, the Cable Commission could conduct the lottery and continue with any PAUG services, such
as delivering the tapes. Mayor Neal reiterated that since NuPAC was dissolved, the Council's
decision on the appeal today was irrelevant because the certification of a PAUG ultimately fell on
the Cable Commission. Mr. Kinnison remarked this was why he had made a motion to end the
appeal earlier in the discussion. Mayor Neal concluded that the Council was unable to make a
Minutes - Regular Council Meeting
November 16, 2004 - Page 27
binding decision on this issue. Thus, on November 18, the Cable Commission would oversee the
lottery, conduct an election allowing the producers to select a new PAUG, and then possibly certify
that PAUG that very day. He said the Council would uphold the commission's decision.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 30 regarding the FY 2006-2008 Transportation
Improvement Program (TIP) of the Metropolitan Planning Organization (MPO). Assistant City
Manager Ron Massey reported the MPO prepared a Transportation Improvement Program every two
years projecting street improvements over a three-year funding period. He said the MPO was
composed of two committees, the Technical Advisory Committee and the Transportation Policy
Committee.
Mr. Massey stated the MPO used TxDOT's 12 funding categories to manage transportation
projects. The City's recommended TIP contains projects in two funding categories as follows:
Category 7 - Metropolitan Mobility Fund; and Category 11 - District Discretional Fund.
Mr. Massey provided an update on projects funded in prior years. In FY 2004, the ADA
Accessibility Project on Alameda, Weber, and Santa Fe Streets was included in the TIP under
Category 7. He said the project was currently under construction.
In FY 2005, two separate improvement projects to Up River Road were funded as follows:
Southern Minerals Road to Hunter Road; and Hunter Road to Suntide Road. Mr. Massey noted the
projects were currently listed under FY 2004 TIP, but staff was recommending that the be moved
to the FY 2005 TIP as county projects. He said the city was requesting the inclusion of a small
section in the city limits that was currently excluded.
Mr. Massey highlighted the projects the city was recommending for inclusion in the FY
2006-2008 TIP. For FY 2006, the city was recommending the following projects: ADA
Accessibility Ramps (S. Staples -Leopard Street to Six Points); South Loop Corridor; Port Avenue
(IH -37 to US 181); Park Road 22 Bridge; and Padre Island Aesthetic Development (Park Road 22 -
Causeway to SH 361). For FY 2007, the city was recommending the ADA Accessibility Project
(S. Staples St. - Six Points to Louisiana Pkwy.) for inclusion in the TIP. For FY 2008, the city was
recommending the ADA Accessibility Project (various locations in downtown area); Holly Road,
Phase III; and County Road 52 (US 77 to FM 1889).
Mr. Massey reviewed a brief timeline of important dates in the TIP process. Today, the
Council was being asked to endorse the recommended projects for FY 2006-2008 TIP. On
November 18, 2004, the Technical Advisory Committee would finalize the draft TIP for FY 2006-
2008. On December 2, 2004, the Transportation Policy Committee would approve the draft TIP for
FY 2006-2008.
Mr. Kelly was concerned that County Road 52 was being recommended for funding in FY
2008 because it might be possible to obtain the county's share of the funding before that time. He
took exception to the fact that the MPO had not provided a breakdown on the percentage of the road
inside and outside the city limits as he requested. Mr. Massey understood the breakdown was 2/5
inside the city limits and 3/5 outside the city limits. Mr. Kelly was displeased that the project was
being delayed because CR 52 served as an arterial in the area. He asked if staff had spoken with any
Minutes - Regular Council Meeting
November 16, 2004 - Page 28
county commissioners to make the CR 52 improvements a higher priority. City Manager Noe
replied staff had not received direction from the full Council to pursue CR 52 as a higher priority
in order to contact county commissioners. Mr. Kelly pointed out that none of the other projects
being recommended as a result of a Council resolution. He reiterated his concern that CR 52 was
an important road and should be a higher priority. Mayor Neal interjected that the MPO had initially
recommended the project for the FY 2006 TIP. However, the county chose not to place CR 52 on
their recommended list of roads. Mayor Neal said the county judge did not consider CR 52 to be
a priority for the county; rather, the county was making CR 40 their priority. Since 3/5 of the road
was in the county limits, and in the absence of county sponsorship, the city would have to either
assume full responsibility for the cost, or obtain other sponsorships. He said when the new county
commissioner for the area, Ms. Peggy Banales, took office, he and Mr. Kelly could speak with her
to see if she could lobby for the funding.
Mr. Noyola spoke in support of making Holly Road, Phase III, a higher priority on the TIP.
Mayor Neal replied the Council could consider this, but emphasized that another project would have
to be sacrificed to do this. There were no comments from the audience. City Secretary Chapa polled
the Council for their votes as follows:
30. RESOLUTION NO. 026038
Resolution endorsing the recommended FY 2006-2008 Transportation Improvement
Program of the Metropolitan Planning Organization.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper and Colmenero were
absent.
Mayor Neal opened discussion on Item 31 regarding the Renewal Community project. Ms.
Patty Garcia with the Economic Development Office explained the America's Job Creation Act of
2004, passed in October 2004, allowed for the expansion of federally designated Renewal
Communities based on census tracts that had worsened between 1999 and 2000. The act allowed
the city to expand the Renewal Community to include five additional census tracts as follows: 5, 7,
13, 35, and 50. This inclusion would bring the total population of the Renewal Community from
approximately 9,000 to 23,000. The additional population would allow more businesses in the
Renewal Community to take advantage of the federal tax incentives requiring 35 percent of their
employees to reside in the Renewal Community.
Due to the expansion in census tracts, Ms. Garcia stated staff was recommending to change
the application review process to consist of two dates, rather than an open application process on
a first come, first served basis. She said the Round 1 was being recommended to consider small
projects (less than $1 million), setting aside $4 million in funding. In Round 2, staff recommended
merging any unallocated monies from the Round 1 and awarding them to any sized project.
Ms. Garcia explained staff was seeking an 120 -day extension from the IRS to consider
projects in the expanded area. Mayor Neal noted that of the $12 million approved during the last
round, staff had only received applications totaling $2.8 million so far. Mr. Kinnison asked if staff
could work with the Chamber of Commerce to solicit more applications. Mr. Noe replied staffknew
Minutes - Regular Council Meeting
November 16, 2004 - Page 29
of a project that would consume most of the remaining funds, but needed the IRS to approve the
city's request for an extension.
Mr. Kelly spoke in support having setting aside funds especially for small projects. He asked
how a business would apply for the program. Ms. Garcia said the application was on the city's
website, or any interested parties could see her for an application. She said the city had hired an
accountant, Mr. Mannti Cummins, to assist businesses in filling out the applications at no charge.
She also described their efforts to publicize the program.
Mr. Kinnison asked if bars were exempt from the program. Ms. Garcia replied negatively.
Mr. Kinnison remarked there was a new bar being developed downtown, and he asked if staff had
contacted the developer about the project. Ms. Garcia answered affirmatively, saying staff had
offered assistance with the application, but the developer had not responded.
Ms. Garcia reviewed the recommended projects for the city to nominate to the program as
follows: Catamaran Properties, Ltd.; Lofty Developments, Ltd.; Coastal King, Ltd.; and Magill
Family Joint Venture.
Mr. Chapa announced staff was amending Item 31.c. to change the allocation for Coastal
King, Ltd. From $530,000 to $700,000, for revised total allocations of $2,855,000. A motion was
made, seconded and passed to amend Item 31.c. as read by Mr. Chapa. There were no comments
from the audience. City Secretary Chapa polled the Council for their votes as follows:
31.a. RESOLUTION NO. 026039
Resolution authorizing the City Manager or his designee to submit a request to the United
States Department of Housing and Urban Development (HUD) to expand the Renewal
Community to include Census Tracts 5, 7, 13, 35, and 50 in order to foster investment and
economic development within the Census Tracts.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Garrett, Kelly, and Kinnison, voting "Aye"; Colmenero, Cooper, Noyola, and Scott were
absent.
31.b. RESOLUTION NO. 026040
Resolution adopting the Corpus Christi Commercial Revitalization Local Strategic Plan.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Garrett, Kelly, and Kinnison, voting "Aye"; Colmenero, Cooper, Noyola, and Scott were
absent.
Minutes - Regular Council Meeting
November 16, 2004 - Page 30
31.c. RESOLUTION NO. 026041
Resolution nominating projects to the Office of the Governor for Renewal Community
Commercial Revitalization Deductions.
The foregoing resolution was passed and approved as amended with the following vote:
Neal, Chesney, Garrett, Kelly, and Kinnison, voting "Aye"; Colmenero, Cooper, Noyola,
and Scott were absent.
31.d. RESOLUTION NO. 026042
Resolution amending the Guidelines and Criteria for Granting Tax Abatement regarding
Renewal Community Facilities.
The foregoing resolution was passed and approved as amended with the following vote:
Neal, Chesney, Garrett, Kelly, and Kinnison, voting "Aye"; Colmenero, Cooper, Noyola,
and Scott were absent.
31.e. RESOLUTION NO. 026043
Resolution authorizing the City Manager or his designee to execute an agreement with Lofty
Developments, Ltd. providing for temporary property tax abatement.
The foregoing resolution was passed and approved as amended with the following vote:
Neal, Chesney, Garrett, Kelly, and Kinnison, voting "Aye"; Colmenero, Cooper, Noyola,
and Scott were absent.
Mayor Neal announced that Item 32 regarding the legislative agenda was being postponed
until the next Council meeting on December 14, 2004.
Mayor Neal opened discussion on Item 35, regarding a contract to manage the public access
studio by the Corpus Christi Coalition of Public Access Producers. Mayor Neal asked for public
comment. The following individuals spoke in favor of the contract: Mr. Emile Bolden; Mr. Ronald
Byers; Mr. Eldridge Snead; and Ms. Cruz Colomo. Mr. and Mrs. Jack Gordy, 4113 Bray, spoke
against awarding the contract to the coalition. Mr. Roland Garza spoke against awarding the
contract until the group was certified.
Mr. Kinnison spoke in support of the more stringent financial controls included in the
contract. He asked why expenses for the facility were now deemed eligible for reimbursement. Mr.
Oscar Martinez, assistant city manager, replied non -equipment expenses were now being included
because it was very apparent that the status of the facility was directly related to the provision of
studio services. Mr. Kinnison spoke in favor of giving the Cable Commission the authority to
handle the reimbursement requests.
Mr. Chapa announced that Item 35.a. needed to be amended to change the wording from
"General Fund reserve" to "General Fund". A motion was made, seconded, and passed to approve
the amendment as read by Mr. Chapa. City Secretary Chapa polled the Council for their votes as
Minutes - Regular Council Meeting
November 16, 2004 - Page 31
follows:
35.a. ORDINANCE NO. 026044
Ordinance appropriating $7,000 annual grant provided by cable operators in the General
Fund 1 Lai v . for access studio equipment and facilities.
The foregoing motion was passed and approved as amended with the following vote: Neal,
Chesney, Garrett, Kelly, and Kinnison, voting "Aye"; Colmenero, Cooper, Noyola, and Scott
were absent.
35.b. MOTION NO. 2004-432
Motion authorizing the City Manager or his designee to execute a contract with Corpus
Christi Coalition of Public Access Producers for a 12 -month period with a renewal option
of one additional one-year period, to manage a public access studio with City provided
equipment for use by public access producers for an annual grant of $7,000 for equipment
and facilities.
The foregoing motion was passed and approved as amended with the following vote: Neal,
Chesney, Garrett, Kelly, and Kinnison, voting "Aye"; Colmenero, Cooper, Noyola, and Scott
were absent.
* * * * * * * * * * * *
*
Mayor Neal called for the City Manager's report, and there was none.
Mayor Neal called for Council concerns and reports. Mr. Kinnison asked if the Council
would consider changing the December meeting schedule to December 7 and December 14,
cancelling the December 21 meeting. Mr. Chesney said he would be out-of-town, and staff raised
concerns about zoning publication dates. The Council did not concur with Mr. Kinnison's
suggestion.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 5:50 p.m. on November 16, 2004.
* * * * * * * * * * * * *