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HomeMy WebLinkAboutMinutes City Council - 01/18/2005I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Christi City Council ofJanuary 18, 2005, which were approved as amended by the City Council on January 25, 2005. WITNESSETH MY HAND AND SEAL, on this the 25th day ofJanuary, 2005. Armando Chapa City Secretary SEAL PRESENT Mayor Pro Tem Bill Kelly Council Members: Javier Colmenero Brent Chesney * Melody Cooper Henry Garrett Rex Kinnison Jesse Noyola Mark Scott * Arrived at 11:10 a.m. ABSENT Mayor Samuel L. Neal Jr. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 18, 2005 - 10:00 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Pro Tem Kelly called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Council Member Scott 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 Pro Tem Kelly called for approval of the minutes of the regular Council meeting of January 11, 2005. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Pro Tem Kelly referred to Item 2 and the following board appointments were made: Electrical Advisory Board Martin Adrian (Reappointed) Robert R. Connoly (Reappointed) Charles E. Sebbert (Reappointed) Craig Loving (Appointed) Lee Montogomery (Appointed) Park and Recreation Advisory Committee Jamie Pyle (Appointed) Mari Whitworth (Appointed) * Mechanical/Plumbing Advisory Board Bob Hughes (Reappointed) Scott Corliss (Reappointed) H. Ray Johnson, Jr. (Reappointed) James M. Dildy (Appointed) Everest Huerta (Appointed) Mike Wanzer (Appointed) ** Mayor Pro Tem Kelly called for consideration of the consent agenda (Items 3 - 21). City Secretary Chapa announced that Mr. Noyola was abstaining from the vote and discussion on Items Minutes - Regular Council Meeting January 18, 2005 - Page 2 19 and 21. A Council member requested that Item 3 be discussed. Mr. Bill Kopecky, 3609 Topeka, requested that Item 20 be discussed. A motion was made and passed to approve Items 3 through 21, constituting the consent agenda, except for Items 3 and 20, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2005-018 Motion approving a purchase of twelve (12) traffic signal video processor systems from Paradigm Traffic Systems, Fort Worth, Texas in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $110,940. Funds have been budgeted by the Street Department in FY 2004-2005. The foregoing motion was passed and approved with the following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were absent. 5. ORDINANCE NO. 026104 Ordinance appropriating a $5,000 donation from CITGO Refining and Petroleum, L.P. in the Local Emergency Planning Committee (LEPC) current budget, Fund No. 6060, Activity 21700, to fund the production of a new "Shelter in Place" video. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were absent. 6.a. RESOLUTION NO. 026105 Resolution amending Resolution No. 025889, which authorized the City Manager or his designee to accept a Title XX Grant from the Texas Department of State Health Services for Family Health and Family Planning Services in the amount of $291,750, to revise the amount of the grant to $20,000. The foregoing resolution was passed and approved with the following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were absent. 6.b. ORDINANCE NO. 026106 Ordinance amending Ordinance No. 025890 which appropriated a grant in the amount of $291,750 from the Texas Department of State Health Services in the No. 1066 Health Grant Fund for Family Health and Family Planning Services, to revise the amount of the appropriation to $20,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were absent. Minutes - Regular Council Meeting January 18, 2005 - Page 3 7. MOTION NO. 2005-019 Motion authorizing the City Manager or his designee to execute an engineering services contract with Shiner, Moseley and Associates, Inc., of Corpus Christi, Texas in an amount not to exceed $107,000 for the J. C. Elliott Landfill Sector 11 Liner Improvements. The foregoing motion was passed and approved with the following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were absent. 8. MOTION NO. 2005-020 Motion authorizing the City Manager or his designee to execute Utility Easement instruments with the Estate of Rodgers Francis Estes and the Estate of Delma Lorraine Estes for the acquisition of Parcels 431, 432, and 433 in the total amount of $61,200, each containing both a Utility and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 4a, Project #8425, and for other municipal purposes. The foregoing motion was passed and approved with the following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were absent. 9. RESOLUTION NO. 026107 Resolution recognizing the public necessity of acquiring drainage and utility easements for the Downtown Drainage Improvement Project, Phase 1 (#2036), for drainage and utility purposes in connection with the project and other municipal purposes; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi in acquiring the easements. The foregoing resolution was passed and approved with the following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were absent. 10. ORDINANCE NO. 026108 Ordinance approving the sale of surplus property for the market value of $4,800 , consisting of 2,226.6 square feet (0.051 ac.) of vacant land being of the remainder of Lot 2, Block 2, Brayton Addition, located at the northwest corner of Caranchua Street and Agnes Street and authorizing the City Manager or his designee to execute a Real Estate Sales Contract and Special Warranty Deed to the adjacent property owner, A.G. Edwards Development Ltd., L.P. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were absent. Minutes - Regular Council Meeting January 18, 2005 - Page 4 11. MOTION NO. 2005-021 Motion authorizing the City Manager or his designee to execute Change Order No. 2 to the construction contract with Holloman Construction, of Converse, Texas in the amount of $138,290.41 for the Resaca Lift Station work at the Broadway Wastewater Treatment Plant. The foregoing motion was passed and approved with the following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were absent. 12. MOTION NO. 2005-022 Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the construction contract with Specialized Maintenance Services, of Pasadena, Texas in the amount of $90,875 for the Interstate Highway -37, State Highway 286 (Crosstown Expressway) and State Highway 358 (South Padre Island Drive) for Sanitary Sewer Cleaning and Televising. The foregoing motion was passed and approved with the following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were absent. 13. RESOLUTION NO. 026109 Resolution authorizing the City Manager or his designee to execute an Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) in the amount of $23,000 for construction of barrier free ADA accessibility ramps at multiple locations on Staples Street from Leopard Street to Six Points. (BOND ISSUE 2004) The foregoing resolution was passed and approved with the following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were absent. 14. RESOLUTION NO. 026110 Resolution authorizing the City Manager or his designee to execute an Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) in the amount of $80,181.49 for construction of a traffic signal and other miscellaneous items on F.M. 624 from U.S. 77 to F.M. 1889. (BOND ISSUE 2000) The foregoing resolution was passed and approved with the following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were absent. Minutes - Regular Council Meeting January 18, 2005 - Page 5 15. MOTION NO. 2005-023 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to a Contract for Professional Services with Mody K. Boatright, P.E., of Corpus Christi, Texas in the amount of $40,500 for a total restated fee of $48,000 for the Power Street Storm Water Pump Station Rebuild Pump No. 2. The foregoing motion was passed and approved with the following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were absent. 16. MOTION NO. 2005-024 Motion authorizing the City Manager or his designee to execute a contract for external cash auditing services with G. F. Valdez and Co., of Corpus Christi, Texas in an amount not to exceed $40,000. The foregoing motion was passed and approved with the following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were absent. 17. ORDINANCE NO. 026111 Ordinance authorizing the City Manager or his designee to execute a five-year Professional Services Contract and Lease Agreement with Susan Shelby Torrance (Pro) for tennis operations at the Al Kruse Tennis Center in consideration of Pro paying the City 5% of Pro and lesson revenue, and collecting and forwarding City revenue to City in return for Pro's exclusive use of tennis center, and City paying Pro $3,166 per month for Pro operating tennis center. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were absent. 18. MOTION NO. 2005-025 Motion authorizing the City Manager or his designee to execute a Deferment Agreement with Dr. J. Patrick Moran, owner and developer of Saratoga Center, Block 1, Lots 11 thru 16 in the amount of $22,167.15 for a future 8 -inch PVC water main improvement along the east side of South Staples Street, south of Saratoga Boulevard in accordance with the Platting Ordinance Section V -Required Improvements, Subsection A.3.b). The foregoing motion was passed and approved with the following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were absent. Minutes - Regular Council Meeting January 18, 2005 - Page 6 19. ORDINANCE NO. 026112 Ordinance appropriating $787,067 in Passenger Facility Charge Fund No. 4621 from Unreserved Fund Balance for Airport Landside Roadway System Reconstruction Improvements; amending FY2003-2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $787,067. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, and Scott, voting "Aye"; Neal and Cooper were absent; Noyola abstained. 21. ORDINANCE NO. 026113 Authorizing the City Manager or his designee to amend the Long Term Lease Agreement with Host International, Inc., to provide for a storage area within the cargo facility at Corpus Christi International Airport at a rental rate which may change each fiscal year in accordance with airline rates and charges. (First Reading 12/21/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, and Scott, voting "Aye"; Neal and Cooper were absent; Noyola abstained. Mayor Pro Tem Kelly opened discussion on Item 20, regarding updates to the code of ordinances to reflect the results of the November 2004 election. Mr. Bill Kopecky, 3609 Topeka, spoke regarding the proposed repeal of Section 17-34 to correspond with the current homestead exemption. Due to the passage of a proposition in the November 2, 2004 election, a permanent ad valorem tax freeze on residence homesteads of persons 65 years of age or older or disabled persons and eligible spouses was established. Mr. Kopecky noted Section 17-34 was out-of-date, listing the homestead exemption as $4,000 when it was currently $50,000. If the section was repealed, then there would be no reference in the code or the charter regarding the current homestead exemption. He spoke against this, saying the homestead exemption should be codified. City Attorney Fischer stated staff proposed addressing this issue by adding references in the Editor's Notes of the code to track the elections and subsequent ordinances changing the homestead exemption. She said citizens would be able to access the Editor's Notes on the city's website. Mr. Abel Alonzo spoke against Mr. Kopecky's use of the word "handicapped" when referring to persons with disabilities. City Secretary Chapa polled the Council for their votes as follows: 20. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapters 2, 17 and 39, regarding political participation of City employees, resign to run restrictions, and homestead exemption provisions, to correspond with election results. The foregoing ordinance was passed and approved on its first reading with the following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were absent. Minutes - Regular Council Meeting January 18, 2005 - Page 7 Mayor Pro Tem Kelly opened discussion on Item 3 regarding a professional services contract with National Golf Foundation Consulting, Inc. to study the management and operations of the two municipal golf courses. Mr. Noyola asked for more information on the services being provided. Director of Procurement and General Services Michael Barrera replied the contract included the following services: current overview of the golf industry; five-year business plan for continued operations and management of the city's municipal golf courses; five-year maintenance plan for each golf course; and seven to ten year operations pro forma plan for each golf course. Mr. Noyola asked why the study couldn't be performed in-house by the park and recreation department. City Manager Noe replied the purpose of the study was to provide an external review of the management and operations of the courses, and then tasking staff with meeting these standards. Mr. Noyola asked how the contract would be funded. City Manager Noe replied the funds were being taken out of the both golf funds. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2005-017 Motion approving a professional services contract with National Golf Foundation Consulting, Inc. (NGF), of Jupiter, Florida to study the management and operations of the two municipal golf courses in accordance with Request for Proposal No. BI -0048-05, based on most qualified proposal, for an amount not to exceed $30,000. Funds have been budgeted by the Park and Recreation Department in FY 2004-2005. The foregoing motion was passed and approved with the following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper were absent. * * * * * * * * * * * * * Mayor Pro Tem Kelly referred to Item 22.a., and a motion was made, seconded and passed to open the public hearing on the following alley right-of-way closure: Public hearing to consider abandoning and vacating a 4,380 -square foot portion of a 22.60 - foot wide alley right-of-way, between Lots 1-6 and 7-11, Block 2, Furman Addition (between Hancock Avenue and Furman Avenue) east of South Carancahua Street. City Secretary Chapa announced that Mr. Scott would be abstaining from the vote and discussion on this item. No one appeared in opposition to the alley right-of-way closure. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting January 18, 2005 - Page 8 22.b. FIRST READING ORDINANCE Abandoning and vacating a 4,380 -square foot portion of a 22.60 -foot wide alley right-of- way, between Lots 1-6 and 7-11, Block 2, Furman Addition (between Hancock Avenue and Furman Avenue) east of South Carancahua Street; subject to owner's compliance with the specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, and Noyola, voting "Aye"; Neal and Cooper were absent; Scott abstained. Mayor Pro Tem Kelly referred to Item 23.a., and a motion was made, seconded, and passed to open the public hearing on the following street closure: 23.a. Public hearing to consider abandoning and vacating a 6,394.30 -square foot portion of the South Carancahua Street right-of-way, north of Hancock Avenue; and the Hancock Avenue right-of-way, east of South Carancahua Street. City Secretary Chapa announced that Mr. Scott would be abstaining from the vote and discussion on this item. No one spoke in opposition to the street closure. 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: 23.b. FIRST READING ORDINANCE Abandoning and vacating a 6,394.30 -square foot portion of the South Carancahua Street right-of-way, north of Hancock Avenue; and the Hancock Avenue right-of-way, east of South Carancahua Street; subject to owner's compliance with the specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, and Noyola, voting "Aye"; Neal and Cooper were absent; Scott abstained. Mayor Pro Tem Kelly referred to Item 24.a., and a motion was made, seconded, and passed to open the public hearing on the following street closure: 24.a. Public hearing to consider abandoning and vacating the 14,731 -square feet of the Huntwick Avenue right-of-way extending south from the intersection with Saratoga Boulevard (State Highway 357) west of South Staples Street (Farm -to -Market Road 2444); subject to compliance with the specified conditions. No one spoke in opposition to the street closure. 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: Minutes - Regular Council Meeting January 18, 2005 - Page 9 24.b. FIRST READING ORDINANCE Abandoning and vacating the 14,731 -square feet of the Huntwick Avenue right-of-way extending south from the intersection with Saratoga Boulevard (State Highway 357) west of South Staples Street (Farm -to -Market Road 2444); subject to owner's compliance with the specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, Noyola, and Scott, voting "Aye"; Neal and Cooper were absent. Mayor Pro Tem Kelly referred to Item 25, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 1204-06, Marwell Petroleum: A change of zoning from a "R -1B" One -family Dwelling District to an "I-2" Light Industrial District, resulting in a land use change from single family to light industrial. The property is 5.601 acres out of Tract 7 of the William Robertson Farm Tracts, located along the southwest corner of Saratoga Boulevard and County Road 37 (Jurica Road). City Secretary Chapa said the Planning Commission and staff recommended the approval of the "I-2" Light Industrial District. No one spoke in opposition to the zoning change. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Noyola, and passed. City Secretary Chapa polled the Council for their votes as follows: 25. ORDINANCE NO. 026114 Amending the Zoning Ordinance upon application by Marwell Petroleum by changing the zoning map in reference to 5.601 acres out of Tract 7 of the William Robertson Farm Tracts, from "R -1B" One -family Dwelling District to "I-2" Light Industrial 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: Kelly, Chesney, Colmenero, Garrett, Kinnison, and Noyola, voting "Aye"; Neal, Cooper, and Scott were absent. Mayor Pro Tem Kelly referred to Item 26, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Minutes - Regular Council Meeting January 18, 2005 - Page 10 Case No. 1204-08 Coastal Community and Teachers Credit Union: A change of zoning from an "AB" Professional Office District to a "B-1" Neighborhood Business District, resulting in change of land use from professional office to neighborhood business. The property is located 1.98 acres out of Tract No. 1, Nueces County Health, Welfare and Safety Center, located along the southwest corner of Trojan Drive and Prescott Street. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "B-1" Neighborhood Business District. No one spoke in opposition to the zoning change. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Noyola, and passed. City Secretary Chapa polled the Council for their votes as follows: 26. ORDINANCE NO. 026115 Amending the Zoning Ordinance upon application by Coastal Community and Teachers Credit Union, by changing the zoning map in reference to 1.98 acres out of Tract No. 1 of the Nueces County Health, Welfare and Safety Center, from "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: Kelly, Chesney, Colmenero, Garrett, Kinnison, and Noyola, voting "Aye"; Neal, Cooper, and Scott were absent. * * * * * * * * * * * * * Mayor Pro Tem Kelly referred to the presentation on the day's agenda, a quarterly update by the Corpus Christi Convention and Visitors Bureau (CVB). CVB President and CEO Tom Galyon reported on activities in the fourth quarter of 2004. In this quarter, he said the CVB became involved in heritage tourism, making the city a member of the Texas Tropical Trails, a historical tour incorporating 20 counties in South Texas. The group received a state grant of $50,000 and would be completing a four-color brochure on the historical aspects of southern Texas. He said an executive director would be hired to coordinate the activities. In addition, signage would be installed in all of the historical districts in each of the communities to showcase the city's history to visitors. Mr. Galyon reported the CVB was continuing its efforts to promote eco -tourism. He said the CVB would be advertising for the first time in a new publication in the Rio Grande Valley, submitting a birding/butterfly map. Mr. Galyon briefly discussed the CVB's promotion of sports events, specifically a Division III, NCAA baseball invitational planned for 2006. The CVB was working with a coach from Williams College in Massachusetts to bring approximately 3,300 athletes, their coaches, and their parents in February through April 2006. Mr. Galyon briefed the Council on the CVB's public relations efforts last quarter. He Minutes - Regular Council Meeting January 18, 2005 - Page 11 mentioned a two-page article on Corpus Christi that appeared in La Presse, Canada's highest circulated French language daily newspaper, with a circulation of approximately 310,000. In addition, he said the CVB hosted a press tour from the United Kingdom with six travel journalists in December. Mr. Galyon briefly covered the CVB's Winter Texas promotions, noting that the area had experienced a large surge in Winter Texas tourism because of the hurricane activity in Florida last year. The CVB distributed 40,000 Winter Texan Survival Kits with discount coupons, and enhanced the Winter Texas page on its website. They also distributed 15,000 Texas Buckaroo Bucks coupon books, primarily targeting Canadian tourists. Regarding the CVB's website, Mr. Galyon mentioned recent improvements to the calendar of events, making it more user-friendly and easier to print. In addition, there was a 30 percent increase in hits to their website last quarter, and an 11 percent decrease in visits to their information centers. He said this was indicative of how the public was making travel arrangements and obtaining travel information in today's world. Mr. Galyon discussed the CVB's new corporate logo, which he debuted during his last quarterly report. He said it continued to be well-received, earning an Addy Award from the Corpus Christi Advertising Club. More importantly, however, the logo showcased the city's most prominent attribute, its beaches. Mr. Galyon reported the results of a web -based survey completed last quarter. The survey targeted Texans who travel in Texas, and out of 8,000 individuals surveyed, they received 1,259 respondents. 56 percent of the respondents claimed they looked for a beach when making travel plans, and 68 percent listed beaches a feature they like most about Corpus Christi. To capitalize on this information, Mr. Galyon stated the CVB had refocused its advertising and marketing efforts to showcase the city's beaches He displayed samples of the bureau's new beach -focused advertising on billboards and in print media. In addition, the bureau has developed a broad-based media kit to strengthen media relations with newspapers and publications, featuring a number of positive articles about Corpus Christi and a picture CD. It has been distributed to all the major travel writers in Texas. Finally, Mr. Galyon discussed the CVB's market research efforts. In December 2004, the CVB initiated web -based advertising and a focus group survey to gauge what people's thoughts about Corpus Christi as they related to the leisure market and the meetings and conventions market. He said the report would be finalized in late January or early February 2005, and the final results would be announced during the first annual State of the Industry Luncheon in late March. In addition, Mr. Galyon reported the CVB initiated an Economic Impact survey during the Texas Municipal League conference and the Conference for the Association of Science Teachers through Texas A&M - Corpus Christi. Their research would continue with the Family Career and Community Leaders of America conference, to be held at the end of January. He said they would complete their research report in mid-June. In conclusion, Mr. Galyon stated next fiscal year's goal was to focus on the economic impact Minutes - Regular Council Meeting January 18, 2005 - Page 12 of sporting events as well as public shows. He said the CVB's overall goal was to produce accurate data that the Council, the media, and the bureau can use to illustrate the economic impact of tourism on the community. * * * * * * * * * * * * * Mayor Pro Tem Kelly opened discussion on Item 28, the consideration of a petition filed by five petitioners to repeal the ordinance which prohibits smoking in food service establishments within the city. City Secretary Chapa informed the Council the deadline to take action on this petition was today. Mr. Chapa described the petition process in more detail. If the Council chose not to take action on the item, or if the Council denied the request to repeal the ordinance, then Mr. Chapa would provide the petitioners with pages to secure the signatures of other registered voters. Mr. Chapa said the petitioners would need to secure the signatures of five percent of the registered voters within 90 days to force an election repealing the ordinance. If a valid petition was submitted within 60 days, the ordinance would stop being enforced, and an election would be called on the second Saturday in September. If a valid petition was submitted within 60 and 90 days, the ordinance would continue to be enforced, and the election would be held in April 2007, the next City Council election date. Mayor Pro Tem Kelly called for public comment. Mr. Clark James with Citizens for Choice and Common Sense proposed an amendment to the ordinance for the Council's consideration. He said any restaurant built or remodeled since 1988 should already have separate ventilation for smoking areas, so the amendment provided for a wall to be built to separate smoking areas from non-smoking areas before 2005. Restaurants built before 1988 would be grandfathered until 2008 or until they were remodeled, whichever came first. He urged the Council's support for the amendment because otherwise, his group would support the petition drive. Mr. Mark Komika spoke against the city's smoking prohibition ordinance because he felt it would hurt his air filter installation business. Mr. J.P. Jordan, owner of Crystal's Restaurant, and Mr. Dee Haven, president of the city's restaurant association, spoke against the city's smoking prohibition ordinance, saying the city should level the playing field by prohibiting smoking in bars and restaurants. In response to Mr. Scott's question, Mr. Haven added the restaurant association had not established an official position on the issue, but the majority of restaurant owners seemed to agree with Mr. Jordan's position. Mr. Colmenero asked Mr. Haven if he had reviewed Mr. James's proposed amendment. Mr. Haven replied he did not see any major differences between Mr. James's proposal and the restaurant association's proposal other than the grandfathering phase. He said the grandfathering language was already present in the existing 1988 ordinance. Mr. Kinnison asked if the restaurant association had any plans to take an official position on the issue of extending the smoking ban to bars. Mr. Haven replied it was a possibility, perhaps at their February 3 board meeting. Minutes - Regular Council Meeting January 18, 2005 - Page 13 Mr. Rick Hayley and Ms. Chris Lawrence with the Smoke Free Rights Now Coalition spoke in support of the city's smoking prohibition ordinance. Ms. Cheryl Bratcher spoke against the city's smoking prohibition ordinance, and urged the Council to rescind their ordinance. Mr. Bill Kopecky, 3609 Topeka, spoke in favor of allowing the smoking issue to go before the voters rather than reconsider the ordinance. He also spoke in favor of amending the Charter to give the Council the authority to call an election on an issue without a petition. Mayor Pro Tem Kelly asked what the Council's options were in this matter. City Secretary Chapa stated the Council could make a motion to deny the request to repeal the ordinance or take no action. If the Council chose to take no action, Mr. Chapa explained he would provide the petitioners with petition pages. The Council chose to take no action. * * * * * * * * * * * * * Mayor Pro Tem Kelly opened discussion on Item 29, the discussion and consideration of amending the code of ordinances regarding public access issues. City Manager Noe stated the Council had asked staff to submit recommendations to reduce city involvement with public access. He said city involvement with public access was limited to two areas - the operation of the PAUGs (Public Access User Groups) and the public access studio. He asked Assistant City Manager Oscar Martinez to elaborate on staffs recommendations. Assistant City Manager Oscar Martinez briefly referred to a timeline of the major issues related to the Channel 10 PAUG leading to this point. He then discussed staffs recommendations to improve and reduce the city's involvement with public access by amending the code of ordinances. Staff's goal throughout the endeavor was to find ways to support the producers, the most important aspect of the process. Mr. Martinez stated the first proposed ordinance amended Chapter 2 of the code of ordinances to reduce the duties of the Cable Communications Commission related to access user groups. The duties being deleted were as follows: certifying the access user groups; establishing rules and regulations for public access channels, and the coordination of access user group activities. Mr. Chesney interjected by asking if it was possible for the city to completely end its affiliation with public access, and if Time Warner could limit its involvement to simply providing a public access station. Mr. Martinez replied negatively, saying the city's franchise agreements with Time Warner and Grande Communications required the city to manage the public access process. Assistant City Attorney Lisa Aguilar clarified the public access user group (PAUG) had certain roles in managing the process. City Manager Noe added the city could delegate some of its responsibilities to the PAUG. City Manager Noe elaborated that for the city to eliminate the PAUG and to cease its involvement with programming content, Time Warner would have to agree to amend its franchise agreement to assume the duties of the PAUG. As a PAUG, they would be responsible for ensuring the delivery of tapes and that the content of the tapes met certain standards, among other duties. Minutes - Regular Council Meeting January 18, 2005 - Page 14 Staff approached Time Warner with this possibility, but they were not interested. City Manager Noe said staff was recommending that the city assume the responsibilities of the PAUG. Assistant City Manager Martinez added if the city were to become the Channel 10 PAUG, it would actually reduce staffs workload, given the current conflicts and complaints that exist. Mr. Chesney asked why the city didn't assume responsibility for Channel 18 to avoid the perception that the city was penalizing one group. Mr. Martinez replied the city could do this, but since the Channel 18 PAUG was functioning well, staff had not recommended this action. Mr. Chesney asked what the Cable Communication Commission's role would be now. Mr. Martinez answered the duties would basically remain the same. They would still receive the tapes, set the guidelines for quality and length of tapes, and perform a quality review. Mr. Colmenero asked if staff had considered hiring an independent party to serve as an arbitrator for public access issues. Mr. Martinez replied staff had discussed this matter amongst themselves and with Time Warner, but since it required funding, it was not recommended. Staff also discussed the possibility of strengthening the eligibility requirements for a PAUG. Mr. Colmenero asked what kind of staffing would be required if the city were to become the Channel PAUG. Mr. Martinez replied one existing staff person would oversee and conduct the responsibilities of the PAUG, namely to access and deliver the tapes, and conduct the lottery as required. He said it did not appear these duties would take an inordinate amount of time. (*Ms. Cooper arrived at 11:10 a.m.) Mr. Colmenero expressed concern that staffs recommendation would further erode the city's relationship with the producers. Mr. Martinez replied it should not be an issue if staff performed their duties equitably and well. Mr. Kinnison asked how staffs recommendation would affect the studio management. Mr. Martinez said the studio management was a separate issue, and these recommendations would not affect the studio at all. City Manager Noe stated the city's existing agreement regarding the studio had a 30 -day cancellation provision. If the Council wished to terminate the contract, they could direct the city manager to exercise the 30 -day option. Mr. Kinnison expressed concern that staffs recommendation would not address the studio management issue, which was a large part of the conflict. He was also concerned that city staff would spend too much time working with public access issues. Mr. Noyola spoke in support of staffs recommendation, saying it addressed his main concern that the producers be allowed to show their programs. Mr. Chesney again raised the issue of studio management. Mr. Noe reiterated there was no legal requirement that the city maintain its contract for the public access studio management. There was a 30 -day cancellation clause in the contract, and if the Council wished to terminate the contract, Minutes - Regular Council Meeting January 18, 2005 - Page 15 it could be discussed during the second reading of the ordinance. Mr. Chesney strongly supported staff's recommendation to assume the responsibilities of the Channel 10 PAUG. He also spoke in support of terminating the studio contract, if there was Council support. He said the Channel 10 PAUG had a history of problems over its four year existence, and he had no reason to believe it would change. He said the community was tired of the constant bickering and conflict among the producers, and it would behoove the Council to extricate the community from the conflict. Ms. Cooper agreed with Mr. Chesney. She said if the city served as the PAUG for Channel 10, it would alleviate much of the conflict. Mayor Pro Tem Kelly asked if the city would assume any liability by becoming the Channel 10 PAUG. Mr. Martinez and Ms. Aguilar were unaware of any liability issues. Mr. Martinez added that if the city were to assume the responsibilities of the PAUG, then there would be clear accountability if a show were not aired as planned, for example. Mayor Pro Tem Kelly asked for public comment. The following individuals spoke in opposition to staffs recommendation: Mr. Jack Gordy, 4118 Bray; Mr. Jerome Bradford, 4801 Hamlin; Rev. Robert J. Reyna; Mr. J.E. O'Brien, 4130 Pompano; Mr. Richard Pulido, Chairman of the Cable Communications Commission; and Mr. Edmund Montes. The following individuals spoke in favor of staffs recommendation: Mr. Mando Camina, Ms. Cruz Colomo, and Mr. Victor Santiago. Mr. Emile Bolden spoke regarding public access issues. Pastor Javier Flores was concerned about the possible closing of the public access studio, saying it may hurt some producers who relied on the equipment. He said the Channel 10 PAUG was currently running well. Mr. Scott asked Mr. Pulido how much time the Cable Communications Commission was spending on PAUG issues, since they were currently serving as the Channel 10 PAUG. Mr .Pulido replied the commission was spending a minimal amount of time on PAUG issues. He felt staff's recommendation did not address the real problem, which was the studio management. He asked the Council to give the Channel 10 PAUG another opportunity to organize. Ms. Martha Martinez spoke in support of public access programming, and asked for more training for new producers. Mayor Pro Tem Kelly asked for clarification that today's agenda item did not deal directly with the public access studio management. City Manager Noe answered affirmatively, but said the item was broad enough that the Council could direct staff on the studio management issue if they wished. Mr. Scott commented that several of the speakers during the public comment period were opposed to staff's recommendation because they felt the studio management was at the core of the Minutes - Regular Council Meeting January 18, 2005 - Page 16 conflict, not the PAUG. He said he was inclined to believe Mr. Pulido's comments in this regard were accurate. He also did not understand why the producers were opposed to the city serving as the PAUG because in a way, it was a show of support for public access. He said the city had been criticized in the past for not taking a more active role in public access. Mr. Martinez agreed, adding the city's action would also create a direct line of accountability regarding Channel 10 PAUG functions. Mr. Scott spoke in support of staffs recommendation, although he did feel it would completely address the problems with public access. Mr. Colmenero proposed adopting the ordinance as presented on first reading, with the understanding that the new PAUG would be given a period of three months to demonstrate they could operate successfully. Mr. Colmenero suggested the second reading could be considered after the three month period. He felt this was a good compromise. City Secretary Chapa advised him to make his motion after the vote on the first reading. Mr. Noyola asked how the proposed ordinances would affect the public access studio management. Mr. Martinez replied the proposed ordinances would not affect the current studio management, which the city had contracted out with Ms. Cruz Colomo's group, the Coalition for Public Access, for one year. Mr. Noyola asked if Mr. Colmenero's amendment was passed, could Mr. Gordy's group, PAC 10, be certified as the Channel 10 PAUG by the Cable Communications Commission. Mr. Martinez replied affirmatively, but said historically the groups have not demonstrated the ability to work together well. City Manager Noe said it might be prudent to include a provision in the amendment stating the City Council would not serve as the mediator between the groups. Mr. Noyola replied the Cable Communications Commission could be designated as the mediator. Mr. Noyola then spoke in support of Mr. Colmenero's amendment. Mr. Chesney spoke against Mr. Colmenero's amendment, saying the situation had worsened to the point where any additional delays would be futile. He said it was time for the Council to take action to rectify the situation. Ms. Cooper agreed with Mr. Chesney's comments. She believed the city needed to take control of the situation, and thus spoke in support of the proposed ordinances. City Secretary Chapa polled the Council for their votes on the proposed ordinances as follows: 29.a. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 2, Regarding Cable Communications Commission and Access User Groups; providing for penalties; providing for severance; and providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. Minutes - Regular Council Meeting January 18, 2005 - Page 17 29.b. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, regarding rules and procedures for public access cablecasting; providing for severance; and providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. Mr. Colmenero made a motion to postpone the second reading of the ordinances for three months. After three months time, the Council could decide whether to adopt the ordinances as they were passed on first reading. Mr. Noyola seconded the motion. City Secretary Chapa polled the Council for their votes on Mr. Colmenero's motion as follows: Colmenero and Noyola, voting "Aye"; Kelly, Chesney, Cooper, Garrett, Kinnison, and Scott, voting "No"; Neal was absent. The motion failed. * * * * * * * * * * * * * Mayor Pro Tem Kelly called for petitions from the audience. Ms. Dee Huber, 1311 15th Street, questioned why the Council was able to have an invocation before the Council meetings, while prayer in schools was not allowed. Mayor Pro Tem Kelly replied prayer in schools was a school board issue, and he advised her to speak with the school board. Mr. Scott stated it was the Council's prerogative to have an invocation before Council meetings, and they would continue to do so. Mr. Denny Bales, 3118 Cabaniss Parkway, spoke in favor of extending the hours for the city's animal care facility to include Saturdays. He also offered to assist the animal care facility by sponsoring a weekly program on the Channel 3 noon broadcast to promote pet adoptions. City Manager Noe noted staff was developing cost estimates for another Saturday pilot program for the Council's consideration. If this pilot program proved more successful than the previous one, then Mr. Noe said staff would include Saturday operations in next fiscal year's budget. Ms. Sherry Dunlap spoke regarding the petition to adopt an ordinance reducing the numbers of unwanted and neglected animals. She mentioned a new provision to tattoo or microchip animals to prevent breeding abuses, and also discussed problems with the promptness of animal control officer dispatching. Mr. Becki Jones thanked Police Chief Pete Alvarez and the police department for their assistance with animal cruelty cases. Mr. George Iniguez, 713 Texas Avenue, provided an update on the condition of the public access studio and spoke in support of keeping the studio open. Mr. Jack Gordy, 4118 Bray, questioned the legality of the Coalition for Public Access groups by-laws, and spoke against Ms. Cruz Colomo's management of the public access studio. Ms. Cruz Colomo, president of the Coalition for Public Access group, refuted Mr. Gordy's comments. Mr. Noyola expressed concern that Ms. Colomo's group was proposing a studio use fee for non-PAUG members in their by-laws. City Manager Noe stated staff had received a copy of the by-laws, and would be meeting with Ms. Colomo to discuss their concerns. Minutes - Regular Council Meeting January 18, 2005 - Page 18 Pastor Thomas Booker spoke in support of continuing with the public access studio. Mr. Wayne Hodge, 3626 Redwood, spoke regarding the shortage of manpower on the police force. City Manager Noe replied staff was currently processing 30 officers off the retirement list. Once this process was completed, a new police academy would be planned. He said staff was also attempting to expedite the hiring of candidates with existing certificates. * * * * * * * * * * * * * Mayor Pro Tem Kelly called for the City Manager's report. City Manager Noe reported the airport announced a 7.9 percent increase in enplanements over last year. He also announced a business development project meeting on February 3 from 8:00 a.m. to noon, a joint project with Del Mar College and the Small Business Development Committee. Mr. Noe stated the following items were scheduled for next week's Council meeting: the second reading of the public access ordinances; R.T.A. trolley discussion; Alameda Street hospital zone discussion; and the Animal Care Committee's recommendations regarding the petition recommending the required spaying and neutering of animals. Regarding the animal petition, Mr. Noe said the Council would meet the 45 -day deadline to review the proposed ordinance in the petition. Mayor Pro Tem Kelly thanked City Secretary Chapa, City Manager Noe, and the Council for assisting him while presiding over the meeting in Mayor Neal's absence. He also wished City Manager Noe a happy birthday. Mr. Scott mentioned it was Mr. Noyola's second wedding anniversary as well, and congratulated him. Mayor Pro Tem Kelly asked Mr. Noe to speak with him after the meeting regarding a letter he had received from the county judge. Mayor Pro Tem Kelly called for Council concerns and reports. Mr. Noyola thanked the Mol ina residents for their participation in the Neighborhood Initiative Program meeting in their area. He also thanked Ms. Yvonne Haag, City Manager Noe, Mr. Angel Escobar and staff for attending as well. Mr. Noyola also wished his wife a happy anniversary. There being no further business to come before the Council, Mayor Pro Tem Kelly adjourned the Council meeting at 1:30 p.m. on January 18, 2005. * * * * * * * * * * * **