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HomeMy WebLinkAboutMinutes City Council - 03/23/1999I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Council Meeting of the City of Corpus Christi of March 23, 1999, which were approved by the City Council on March 30, 1999. WITNESSETH MY HAND AND SEAL, this 30th day of March, 1999. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 23, 1999 2:00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Melody Cooper Council Members: Javier D. Colmenero Alex L. Garcia Jr. Dr. Arnold Gonzales Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols City Staff: City Manager David R. Garcia City Attorney James R. Bray Jr. City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. E.F. Bennett, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Cooper. 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 March 16, 1999. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal referred to Item 2 on the day's agenda, a resolution honoring Mrs. Janet F. Harte. Council Member McNichols made a motion to approve Item 2, seconded by Council Member Garcia. The Mayor called for public comment, and there was none. He then called for a voice vote on the motion and it passed. 2. RESOLUTION NO. 023583 Resolution honoring the life and accomplishments of Janet F. Harte. Following its approval, Mayor Neal read the text of the resolution, which pointed out the many contributions made by Mrs. Harte, who died February 23, 1999, at the age of 75. The Mayor said that one of the first things he did when he took office two years ago was to attend a meeting during which Mrs. Harte informed him about the importance of recycling to the city. He presented a copy of the resolution to Ms. Jennifer Lorenz, a member of the Mayor's Advisory Committee on Recycling and Waste Reduction. Ms. Lorenz noted that Mrs. Harte was one of the founders of the Minutes Regular Council Meeting March 23, 1999 Page 2 recycling program in Corpus Christi, which is celebrating the seventh anniversary of curbside recycling. She said the program has been successful due to the efforts of the Solid Waste Services Department and Ms. Estella Garcia, Recycling Coordinator. Ms. Lorenz also thanked B.F.I., the city's partner in recycling; H -E -B for their donation of five trailers which serve as drop-off centers; and citizens for their participation in the recycling program. Ms. Lorenz then introduced former chairpersons and original members of the Recycling Committee, and she outlined the committee's goals for the future, including once -a -week recycling. She said they are working with the Building Committee of the Janet F. Harte Library to ensure that her legacy of recycling and conservation will be remembered. Mr. Andy Leal, Director of Solid Waste Services, briefly described Mrs. Harte's strong commitment to the recycling program. Mayor Neal asked Mrs. Yvonne Haag, Assistant to the Mayor, to make a brief presentation. Mrs. Haag said that after the April 3 general election she will be leaving the Mayor's Office to accept a position as the city's Community Relations Coordinator. She then introduced Mrs. Diana Zertuche Garza, who will serve as Assistant to the Mayor. Several Council members thanked Mrs. Haag for her efforts while serving in the Mayor's Office and they welcomed Mrs. Garza to that position. * * * * * * * * * * * * * The next presentation regarded Nueces County's proposed major projects and related bond issue. Nueces County Commissioner Joe McComb said that County Judge Richard Borchard was scheduled to be present that day but had to attend a meeting in San Antonio with their bond counsel. Commissioner McComb explained that in February 1996 the county entered into a contract with Naismith Engineering to conduct environmental and economic feasibility studies on the possibility of opening a boat pass at Packery Channel and building a county fairground. He said Naismith Engineering completed those studies and presented their findings --which resulted in a total package of three projects --to the Commissioners Court on March 2, 1999. Commissioner McComb said it was determined that a county bond election could be the funding mechanism to provide the local match for the state and federal funds for the projects. He said they felt that a county bond election would have minimal impact because as of March 1, 1999, the county had total bonded indebtedness of $6.7 million. He said this bond proposal would raise the property tax rate from 33 cents to 34 cents per $100 property valuation. The Commissioner said that in addition to the county's interest in the Packery Channel and fairgrounds issues, there has also been continuing concern about the JFK Causeway, particularly after it flooded following tropical storms in the area last year. He said the Texas Department of Transportation (TXDOT) has indicated that it cannot provide all of the approximately $40 million that is needed to raise the JFK Causeway. In addition, Commissioner McComb said, the county realizes that the city has had several of its own major projects that need to be funded and, most Minutes Regular Council Meeting March 23, 1999 Page 3 likely, the city would not be able to provide its portion of the local match for the causeway project. As a result, the Commissioners decided to include the causeway project with the Packery Channel and fairgrounds projects. Commissioner McComb went on to say that the proposed bond issue would also provide an added benefit: the widening of FM 624 from five lanes to seven lanes between U.S. 77 and FM 1889 in Calallen. Commissioner McComb explained that Nueces County has been working on that project for some time and during the last 24 months they have been acquiring right-of-way along FM 624 (the last piece of ROW was acquired last month). The Commissioner said that according to Mr. Billy Parks, TXDOT District Engineer, the FM 624 project can be moved from Priority II status to Priority I if the local match for the causeway funding is obtained through the bond issue. He added that contrary to comments in the local media about his presentation, the commissioners were not seeking the City Council's support or endorsement of the proposed projects --he was simply responding to their invitation for a presentation on the subject. Council Member John Longoria applauded the Commissioners Court for proposing these projects, and he noted that three of the four projects lie within Corpus Christi's city limits. Council Member Cooper pointed out that several Council members were in attendance when the Commissioners Court first heard Naismith Engineering's presentation on the proposals. She suggested that the Commissioners emphasize to the voters that the proposed tax increase is small. Mr. John Michael, principal and project engineer at Naismith Engineering Inc., gave a detailed presentation on both the Packery Channel and county fairgrounds projects. Mr. Michael said several consultants and community groups were involved in the study and design of the Packery Channel proposal over the last three years. He described the scope of work for this extensive project, including dredging of sand; functional designs and cost estimates; annual operation and maintenance costs; biological impacts; hydrology and salinity; navigation and boating safety; public safety; economic impacts; project development schedule; and funding alternatives. Mr. Michael said they hired the Conrad Blucher Institute at Texas A&M -Corpus Christi to assist them with the sand management system and the circulation modeling of the bay system. He said that effort was led by Dr. Nick Krauss, who now heads up the U.S. Corps of Engineers' inlet design research program. Mr. Michael also described the wave and wind data they studied. Mr. Michael also referred to Fish Pass, which the state opened through Mustang Island in 1972. He said that pass closed because there was no maintenance dredging and the jetties were of insufficient length (they had been designed to be 1,400 feet long but were constructed to 800 feet). Mr. Michael noted that the beach area in front of the Padre Island seawall needs to be renourished, which can be accomplished with the sand dredged from the Packery Channel. He said they estimate that maintenance dredging will involve about 100,000 cubic yards of sand a year, which equates to about $400,000 a year. He noted that environmental conditions will determine how frequently the channel will need to be dredged but the maintenance costs will need to be annualized. Minutes Regular Council Meeting March 23, 1999 Page 4 Mr. Michael discussed water circulation issues, adding that the Packery Channel will have no impact on flooding of the JFK Causeway or the flow of water in the Gulf Intracoastal Waterway or the Corpus Christi Ship Channel. One of the economic consultants for this study, an Atlanta-based firm, estimates that construction of the channel and associated public parks will result in more than $750 million in new economic activity and produce 3,500 new jobs over the next 18 years. The total estimated cost for the Packery Channel project is $30 million; it is hoped that $19.5 million of that will be provided through federal funds. Mr. Michael then described the proposed county fairgrounds project. He said the complete complex would include a 5,000 -seat main events center, a horse arena, a multi-purpose exhibit building, animal barns, a banquet hall, horse stalls, an RV hookup area, stock pens, and other support facilities. He referred to several existing facilities which the engineers visited in order to gain ideas about possible designs. Mr. Michael emphasized the importance of creating a master plan for a project such as this, which would involve an initial investment of $20 million for the first phase of development. He said they reviewed six possible sites for the fairgrounds from Calallen to Robstown and are recommending a site just east of U.S. Highway 77 and north of Highway 44 near Robstown. He said the economists estimate that this project will have an economic impact (direct and indirect) of about $12 million a year and create 250 jobs for the community. Mr. Michael said all of the existing fairgrounds are operated in the same way: the cities and counties that built them established boards of directors, which in turn hired professional managers. Council Member Cooper asked about beach erosion relating to the opening of Packery Channel. Mr. Michael replied that beach erosion was studied in great depth and it was concluded that that erosion would not occur due to the channel being opened. In fact, he reiterated, dredging the channel will provide large amounts of sand to renourish the beach in front of the Padre Island seawall. He added that separate studies were prepared about the economic impacts of both the Packery Channel and fairgrounds projects, which are available to the public. Council Member Martin asked about the design of the JFK Causeway elevation. Mr. Michael responded that TXDOT is currently concluding the schematic design and environmental impact study for the proposed plan. He said the causeway will be raised to a minimum elevation of nine feet, with an additional 2,000 -foot bridge to be built between the Humble Bridge and Laguna Shores Road. The total cost estimate at this time is $40 million. Mr. Martin asked what TXDOT's financial commitment would be for the JFK Causeway project. Mayor Neal and Mr. Michael replied that Corpus Christi officials were assured by two of the members of the Texas Transportation Commission and the chief staff person for TXDOT that if they would bring the JFK Causeway proposal to them with about $10 million in local funding, they would move the project to the top priority and act favorably on it at their meeting in August. In reply to another question from Mr. Martin, they also further explained the FM 624 project. Minutes Regular Council Meeting March 23, 1999 Page 5 Mr. Michael briefly discussed estimated time frames for the projects: about three years for the JFK Causeway; about four years for Packery Channel; and about three years for the fairgrounds. Responding to Council Member Garcia, Mr. Michael said the master plan that Naismith Engineering has laid out for the fairgrounds initially involves 150 acres, and they are recommending that the county buy another 100 acres directly to the east of Hwy. 77, which will allow for future growth. He said that master plan should serve the county for 30 to 40 years. He added that some of the acreage has been purchased by the Robstown Economic Development Corporation, and they and the county are talking to the landowners about purchase of that land. Mr. Michael also discussed the competitive bid process that would be involved in the projects. Council Member Colmenero also asked about the FM 624 project. Mr. Michael explained that TXDOT is estimating that over the next 10 years FM 624 will have the same traffic count as the Crosstown Expressway, which necessitates its widening from five lanes to seven lanes. He said that issue is not affected by the fairgrounds. In reply to another question from Mr. Colmenero, Commissioner McComb discussed how the tax rate increase would affect people with homes of different valuations. He added that they are asking the voters to authorize the county to sell up to $38.5 million worth of bonds for the three specific projects previously discussed on the condition that the federal and state funds are acquired. He said if the state and federal funding is not approved, the bonds will not be sold. Council Member McNichols asked about the structure of the bonds, which Commissioner McComb and Mr. Michael explained. Mr. Michael also reiterated that opening Packery Channel will have no impact on flooding of the JFK Causeway, which was scientifically shown in the studies conducted by the Blucher Institute and confirmed through a peer review process. Responding to Council Member Gonzales, Mayor Neal said the causeway project is the first of the three projects that will go before any of the federal or state bodies for funding, which will be considered by the Texas Transportation Commission in August. In addition, the Corps of Engineers has 270 days from the date the federal legislation becomes law to complete their study in order for the funding to be available for Packery Channel. Council Member Betty Jean Longoria discussed the importance of widening FM 624. She said if the MPO does not move that project from Priority II to Priority I, it could take 10 to 15 years before funding can be acquired for it. Mayor Neal thanked Commissioner McComb for his presentation. He said the Council will not call for any kind of action on the proposal, adding that each Council member will have to decide on their own as to how they will support the county's efforts. The Mayor said that he is in support of the proposal. Commissioner McComb said the projects are designed to benefit the whole community and there is much information that is available to the public. Minutes Regular Council Meeting March 23, 1999 Page 6 * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Byron Wooldridge, President of South Texas Research Foundation, said that in the Tampa Bay area, an agreement has been reached for the supply of potable water from reverse osmosis desalination at a cost equivalent to $557 per acre-foot. He said that previously the Community Technical Support Group submitted a report which estimated that reverse osmosis seawater would cost $520 to $530 per acre-foot. He said the members of that organization were ridiculed for their findings by many people, and he said they deserve a public apology. Ms. Brenda Emery and her 16 -year-old son, Dennis, appeared before the Council to express their concern for young people such as Dennis who are mentally ill. Ms. Emery said that there are no facilities in Corpus Christi which meet their needs, including their need for socialization among their peers. She said that MHMR has been helpful in many respects, but more needs to be done since that agency and others have experienced cuts in their funding. Mayor Neal asked the Director of the Park and Recreation Department to visit with Ms. Emery to discuss her concerns. Mr. Jimmie Till, 6034 Lost Creek, spoke in support of the county's proposed bond issue, as well as for improvements to FM 624. Mr. Harold Hoppenrath, 1441 14th St., said that 41 years ago there was a $1 per car load toll for people to go to Padre Island. He said if that amount was doubled today, it would generate a tremendous amount of money in a few years to help fund the JFK Causeway and Packery Channel. Mr. Hoppenrath questioned why the projects have to be "packaged" together—he said the voters should have the opportunity to vote on them separately. Mr. Roy Martinez, 1440 Dahlia, said that the Crime Control and Prevention District does not have to comply with the City Charter as far as attendance at board meetings. He said the City Attorney has stated that since the district was created by state law, compliance is not mandatory. He said there needs to be accountability among the district's board members and they should adopt general rules and procedures. He said one board member has missed 10 of the last 20 meetings. Mr. R.F. Hasker, 1813 Wallace, questioned who owns the Mary Rhodes Pipeline. He said this is the third time that question has been raised. With regard to Packery Channel, Mr. Hasker said he attended the first meeting some years ago on a proposal to open the channel and he questioned the feasibility of the project. He said he has a document written and published by Richard L. Watson and consulting geologists which he said refutes the information in the previous presentation. Mr. Irving Dietz, 455 Miramar, said he was pleased to hear Commissioner McComb say that if the bonds were sold for the three county projects, the funds would be used exclusively for those projects. He said on January 19th he questioned the funding for three city street projects, and he was Minutes Regular Council Meeting March 23, 1999 Page 7 told that one of the projects (Leopard Street) would be financed through the 1986 bond program. He said he was still waiting for an answer about the funding for the other two projects. City Manager Garcia replied that at this time they are planning to fund those projects through certificates of obligation. Mr. Dietz also referred to a previous question he had about the dam, and Mr. Garcia said he will provide a letter in response. * * * * * * * * * * * * * Mayor Neal announced the two closed sessions, pursuant to Texas Government Code Section 551.071, regarding the following: City of San Juan v. Central Power and Light Company, No. C- 2510 -96-F, 332o" District Court, Hidalgo County, Texas, with possible action related thereto in open session; and City of Corpus Christi v. Advisory Commission on State Emergency Communications, No. 99-02304, 2015` District Court, Travis County, Texas, with possible action related thereto in open session. The Council went into closed session. The Council returned from closed session. * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 3-8. There were no comments from the Council or the audience. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M99-074 Motion approving a supply agreement with Vulcan Chemical Technologies, West Sacramento, CA. for approximately 415 tons of sodium chlorite solution in accordance with Bid Invitation No. BI -0078-99 based on low bid for an estimated annual expenditure of $264,770. The term of the supply agreement will be for twelve months with an 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. Funds have been budgeted in FY 98-99 by the Water Department. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 4. M99-075 Motion approving a supply agreement with AAMCO Transmission, Corpus Christi, Texas for automatic transmission overhaul and repair service for approximately 114 automobiles and light trucks in accordance with Bid Invitation No. BI -0079-99, based on low bid for an estimated annual expenditure of $63,950. The term of the contract shall be for twelve months Minutes Regular Council Meeting March 23, 1999 Page 8 with an 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. Funds have been budgeted by Maintenance Services and the Fire Department in FY 98-99. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 5. M99-076 Motion approving a supply agreement for flashlights and batteries including 710 flashlights, 35,000 batteries, 375 lanterns, in accordance with Bid Invitation No. BI -0075-99 with Texas Mill Supply, Corpus Christi, Texas for an estimated annual expenditure of $21,945.30. The term of the agreement shall be for twelve months with options to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or his designee. Funds are budgeted in FY 98-99 by the various using departments. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 6. M99-077 Motion approving the purchase of 7,500 feet of 16" coated and wrapped steel pipe in accordance with Bid Invitation No. BI -0082-99 from Trident Steel Corporation, Houston, Texas in the amount of $107,400 based on low bid. The pipe is for the Gas Department and is included in the FY 1998-99 budget. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 7. ORDINANCE NO. 023584 Ordinance authorizing the City Manager or his designee to execute a participation agreement with Shell Development Joint Venture, developer of the Barclay Grove Unit 4 Subdivision, for payment in an amount not to exceed $19,517.38 for pavement section improvements to Lipes Boulevard and in an amount not to exceed $54,842.09 for bridge construction improvements over Master Channel 31 along Lipes Boulevard in accordance with the Platting Ordinance. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." Minutes Regular Council Meeting March 23, 1999 Page 9 8.a. ORDINANCE NO. 023585 Establishing the street name of "Northwest Boulevard" for F.M. Highway 624 between U.S. Highway 77 and the west city limits. The foregoing ordinance passed on second reading by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 8.b. ORDINANCE NO. 023586 Changing the street name of"Up River Road" to "Leopard Street" between the Union -Pacific Railroad Crossing Leopard Street and U.S. Highway 77. The foregoing ordinance passed on second reading by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 8.c. ORDINANCE NO. 023587 Changing the street name of "Leopard Street" on the west side of the Interstate 37 Expressway to "Interstate 37 Access" between a point 2,500 -feet north of Ripple Road to Redbird Lane. The foregoing ordinance passed on second reading by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 8.d. ORDINANCE NO. 023588 Changing the street name of "Leopard Street" on the east side of the Interstate 37 Expressway to "Interstate 37 Access" between Sharpsburg Road and Redbird Lane. The foregoing ordinance passed on second reading by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: Minutes Regular Council Meeting March 23, 1999 Page 10 9. Case No. 299-6 Tuloso-Midway Independent School District: A change of zoning from an "R -1B" One -family Dwelling District and `B-4" General Business District to an "AB" Professional Office District on the east 19.53 acres out of Tuloso Road Elementary, located on the northwest corner of Leopard Street and Tuloso Road. City Secretary Chapa said the Planning Commission and staff recommended approval of the "AB" District. No one appeared in opposition to the zoning change. Council Member Garcia made a motion to close the public hearing, seconded by Council Member McNichols, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 023589 Amending the Zoning Ordinance upon application by Tuloso-Midway Independent School District by changing the zoning map in reference to being the east 19.53 acres out of Tuloso Road Elementary from "R -1B" One -family Dwelling District and "B-4" General Business District to "AB" Professional Office District; amending the comprehensive plan to account for any deviations from the existing comprehensive plan. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 10. Case No. 299-7, - SSP Partners: A change of zoning from an "R -1B" One -family Dwelling District to a `B-1" Neighborhood Business District on Bayview Unit 3, Block 10, Lot 15R, located on the east side of 18`' Street, approximately 150 feet north of Morgan Avenue. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-1" District, and in lieu thereof, approval of a special permit for a convenience store subject to a site plan and eight (8) conditions. No one appeared in opposition to the zoning change. Council Member Colmenero made a motion to close the public hearing, seconded by Council Member McNichols, and passed. Council Member Martin questioned a portion of the Planning Commission minutes of February 17, 1999. He noted that the Commissioners' motion should have been to deny the `B-1" and, in Lieu thereof, approve a special permit for a convenience store subject to a site plan and eight conditions. Mr. Martin said that in this case staff was recommending placing a definitive "B-1" use in an "R -1B" district by virtue of a special permit, which he said makes him question the reason for having zoning districts. Minutes Regular Council Meeting March 23, 1999 Page 11 City Attorney Bray replied that the special permit ordinance says that the Council has to evaluate the possible use of a special permit and determine whether, with restrictions, the proposed use will be compatible with the surrounding zoning. Mr. Michael Gunning, Acting Director of Planning and Development, referred to the eight conditions recommended for this special permit. Mr. Martin said he would defer to Council Member Colmenero on this zoning case since it falls within his Council district. In reply to Council Member Garcia, Mr. Gunning said that SSP Partners owns the subject lot and the surrounding property. He said the single-family residence has been removed and the Exxon station is closed but the facility needs to be removed. He added that the fuel islands for the proposed convenience store will be located along the Morgan Street frontage. Mr. Chapa polled the Council for their votes as follows: 10. ORDINANCE NO. 023590 Amending the Zoning Ordinance upon application by SSP Partners, by granting a Special Permit for a convenience store subject to a site plan and eight (8) conditions to Bayview Unit 3, Block 10, Lot 15R; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." ************ * Mayor Neal opened the public hearing on Item 11, a right-of-way closure. No one appeared in opposition to the closure. Council Member Garcia made a motion to close the public hearing, seconded by Council Member McNichols, and passed. Council Member Martin commented on the staffs recommendation that CCISD pay the fair market value of $570 for the three street stub -outs being closed. Mr. Chapa polled the Council for their votes as follows: 11. ORDINANCE NO. 023591 Ordinance closing and abandoning three 542.92 -square foot street stub -out rights-of-way as recorded by plat of Cimarron Crossing Unit 3, subject to compliance with the specified conditions and the owner, Corpus Christi Independent School District, replatting the property within 180 days at its expenses. Minutes Regular Council Meeting March 23, 1999 Page 12 An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 12, Staples Street pumping plant site. He called for comments from the audience, and there were none. Responding to Council Member McNichols, City Manager Garcia explained that the relocation of the plant site resulted in less 48 -inch pipe that would need to be constructed, which reduced the overall cost of the project. City Secretary Chapa polled the Council for their votes: 12.a. M99-078 Motion approving selection of the site for the Staples Street Pumping Plant and to proceed with acquisition of the site for construction of the facility. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 12.b. ORDINANCE NO. 023592 Ordinance amending the FY 98-99 Capital Budget, adopted by Ordinance No. 023474, to revise the scope of the Staples Street Pumping Plant Project by accelerating a portion of the South Staples 42 -inch Southside Transmission Main from proposed Staples Street Pumping Plant to Yorktown Boulevard. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J, Longoria, Martin, McNichols, and Neal voting "Aye." 12.c. M99-079 Motion authorizing the City Manager or his designee to execute Amendment No. 3 in the amount of $55,250 to the contract with Urban Engineering, Inc., expanding the scope of engineering services for the Southside Transmission Main (Stevens Plant to Clarkwood Road Project): Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir to include related additional engineering services for a 42 inch waterline from the new pumping plant at South Staples Street and County Road 43 to the existing 16 -inch waterline near Country Creek. Minutes Regular Council Meeting March 23, 1999 Page 13 The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 13, minor storm drainage improvements. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 13.a. M99-080 Motion authorizing the City Manager or his designee to execute a participation agreement with the Wood River Home Owners Association, Texas Corporation of Corpus Christi, Texas. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 13.b. M99-081 Motion authorizing the City Manager or his designee to execute a use of pipeline easement agreement with the Tejas South Pipeline Partnership. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." ************* Mayor Neal opened discussion on Item 14, disposal fees for TXDOT. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 14. RESOLUTION NO. 023593 Resolution authorizing the City Manager to execute an interlocal cooperation agreement with the Texas Department of Transportation regarding charges for use of Corpus Christi Solid Waste Facilities by the Texas Department of Transportation. The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Minutes Regular Council Meeting March 23, 1999 Page 14 Mayor Neal called for the City Manager's report. Mr. Garcia announced that the city has received the permit for the city's new landfill site, which is the culmination of a long, complex process over many years. He commended Mr. Tom Utter, Assistant City Manager for Development Services, Mr. Andy Leal, Solid Waste Services Director, and others for their efforts. Mr. Utter then gave the Council members an update on legislative issues that are ongoing in Austin, including information about specific bills that have been filed. He also responded to some Council members' questions. Council Member Garcia asked about efforts to combat shoplifting in local businesses. City Manager Garcia said there is a program that involves the juvenile justice system and the referral of first-time offenders to counseling courses. Council Member Garcia also asked about a memo from the Police Chief concerning criminal activities at Hans Suter Park. The City Manager said they will provide additional information regarding the gates on the road to that park. Responding to another question, the City Manager said their indications are that Nueces County is in the process of withdrawing from the regional mobile data and automatic vehicle locator project. Council Member Garcia also referred to a report about CDBG projects and a report on contracts under $15,000, to which City Manager Garcia responded. Council Member Cooper reported graffiti on buildings on Santa Fe and on Weber and Aaron. Council Member Gonzales asked about the delay that has occurred in the brush pickup schedule. City Manager Garcia said the city is about two weeks behind on the schedule and they have implemented one hour of overtime every day on all of the brush crews as well as Saturday hours. Council Member Martin referred to a memo that City Attorney Bray had forwarded to the Council from the Texas Attorney General's Office regarding an open records request made by Mr. Neal Trolinger. According to the memo, the Attorney General's Office stated that they do not believe the Port of Corpus Christi Authority maintains the documents at issue (concerning the pipeline) for the city; thus, the city has no duty to obtain the documents from the Port. The memo said the requestor should present his request for the documents directly to the Port. Mr. Martin said that important points such as that should be made early in the Council meeting when members of the public are present. Mr. Martin also asked Mr. Bray to respond to the question that had been raised earlier about who owns the pipeline. Mr. Bray said the city does not yet own the pipeline. He said the transfer of ownership will occur upon the owner issuing the city a certificate of substantial completion for the whole project. Prior to that, they will deliver to the city an inventory of everything to be conveyed. Council Member Colmenero noted that a joint meeting of the City Council and the board of the Crime Control and Prevention District is scheduled for May 25, 1999. He asked that information about that meeting be provided in advance. Mr. Colmenero requested information about substandard housing procedures, infrastructure needs, and park needs in preparation for the budget. Minutes Regular Council Meeting March 23, 1999 Page 15 Responding to Council Member John Longoria, City Manager Garcia referred again to the brush pickup schedule, and a brief discussion ensued. Mr. Longoria also commented on city employees who have contact with citizens while performing their duties in the field. He noted that the Council receives many copies of letters from citizens who have written to the city with certain concerns, and he suggested that the Council be provided with copies of the city's responses to those concerns. Council Member Betty Jean Longoria suggested that for the upcoming budget process a comparison be made of the costs the city has incurred in overtime versus what would have been the cost for an additional brush crew. Mayor Neal requested an update on the water color situation and an update from the Port on the pipeline. There being no further business to come before the Council, the Mayor declared the Council meeting adjourned at 6:35 p.m. on March 23, 1999. * * * * * * * * * * * * *