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HomeMy WebLinkAboutMinutes City Council - 09/28/1999I 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 September 28, 1999, which were approved by the City Council on October 12, 1999. WITNESSETH MY HAND AND SEAL, this 12th day of October, 1999. rmando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 28, 1999 2:10 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tern Rex A. Kinnison Council Members: Javier D. Colmenero Henry Garrett Dr. Arnold Gonzales Betty Jean Longoria John Longoria Mark Scott ABSENT Melody Cooper City Staff: City Manager David R. Garcia City Secretary Armando Chapa Assistant City Attorney Alison Gallaway Assistant City Secretary Mary Juarez Recording Secretary Rachelle P. Ramon Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Shane Kinnison, Parkdale Baptist Church, following which the Pledge of Allegiance to the United States flag was led by Council Member Betty Jean Longoria. 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 September 21, 1999. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * ** Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: Community Youth Development Steering Committee Norma R. Hernandez Jackie Martin Oscar Martinez Richard Medina Linda G. Cavazos Anita McFarland Janet Carlson Scott Linda Villarreal Belinda Cisneros Sister City Committee Lucy Reta Yalee Shih Toni Lucario Kathryn Barth Blanca Becerra Dennis Boyle Alexander Heatherley Sophia Hernandez Johnnie Marie Norman Minutes Regular Council Meeting September 28, 1999 Page 2 Water Conservation Advisory Cmte. Water/Shore Advisory Committee Bob Kent Roy L. Pell * * * * * * * * * * * ** Mayor Neal called for petitions from the audience. He noted that Council Member Scott needed to leave the Council meeting for a short time to make a court appearance and he would be returning later. Mr. Roger Wright said it had been four weeks since he asked the Council about the status of a resolution passed by the Water/Shore Advisory Committee recommending that the city allow "live aboards" in the marina and asking the Council to direct staff to affect whatever changes are needed. He said the marina is losing thousands of dollars in slip rents from those forced to leave either because they choose to live aboard or because of the 24.7% slip fee increases that were passed in the previous two budgets without slip tenants' prior knowledge. He asked what it would take to have a frank discussion about activities at the marina. Mayor Neal said he is aware that staff has not recommended that they follow up on the Water/Shore Advisory Committee's suggestion regarding live aboards because they are not prepared to spend the necessary monies to accommodate live aboards. The Mayor suggested they place the issue back on a Council agenda. Council Member John Longoria disagreed, saying the Council took a vote on the issue less than three months ago. He said staff had addressed that issue and wished to move on to other issues. There were no comments from the other Council members regarding live aboards. Mr. Jack Gordy, 310 Norton St., discussed illegal signs in the right-of-way (ROW). He described how over the weekend he counted at least 340 developers' and realtors' signs in the ROW in a specific area of the city. He said the developers and realtors never received a notice regarding fines about their signs in the ROWs, only a formal letter. He said the Planning Commission had considered this issue and recommended that more staff people be hired to enforce the sign ordinance if they are needed. Responding to Council Member Gonzales, City Manager Garcia said the signs to which Mr. Gordy was referring are placed in the ROW by developers and realtors on Friday or Saturday and then picked up by the following Monday; consequently, the signs are no longer violating the ordinance. He said the city sent the developers and realtors a letter stating that even though it is difficult to cite them for a violation (given the way the city notifies people through the mail), the city would like them to refrain from the current practice regarding signs in the ROW. Mr. Harold Hoppenrath, 1441 14th St., commended Council Member Cooper for the town hall meetings she regularly holds. He said she has done much to find out how taxpayers feel about the issues. Minutes Regular Council Meeting September 28, 1999 Page 3 Mr. Phil Rosenstein commented on the recently approved ordinance regarding vision obstructions. He said it is not realistic for an elderly person or disabled person to trim brush from a stop sign and store the brush in their yard for up to seven weeks (until the brush crews can pick it up). He said there are no provisions for people who cannot trim their own brush, Mr. Rosenstein added that the city is liable because stop signs belong to the city and the city needs to get caught up with its brush collection schedule. Ms. Audie Lawley, 5438 King Acres, said several residents who live off of FM 2444 are concerned about the speed limit of that road --which is 70 miles per hour outside the city limits -- particularly since two accidents recently occurred on 2444 (one of which resulted in a fatality). She said the residents were asking the City Council to help them work with the Texas Department of Transportation to quickly find a solution to lowering the speed limit and to construct shoulders on FM 2444. Council Member Kinnison asked the City Manager to lend support to their request. Mr. Mike Baker, 4641 Gayle Circle, said that last week he had asked about excess monies for the Wesley Seale Dam repair project. He thanked Ms. Mary Sullivan, Director of Finance, and Mr. Kevin Stowers, Acting Assistant Director of Engineering Services, for answering his question. He said the public should receive that information. With regard to a possible upcoming bond election, he asked the Council to specify where the street projects need to be constructed rather than heeding the wants of agenda pressure groups. Mr. J.E. O'Brien, 4130 Pompano, said he is concerned about the lack of trust and credibility of the present and past City Councils. He cited several examples to support his contention, including the 911 fee; discussion of annexing more land despite a lack of city services in Rodd Field Village after 10 years; lobbyists' expenses; Alliance budget; hurricane shelters; brush pick up; and Qualitech Steel's closure. He commented on the importance of taxpayers' speaking out on such issues. Mayor Neal said he thought Qualitech Steel was located in the industrial district (not in the city limits), which Mr. Garcia verified. Mr. Tom Utter, Assistant City Manager for Development Services, added that Qualitech Steel did not receive any tax abatements. Mr. R.F. Hasker, 1813 Wallace, commented on the renaming of Agnes Street. He said Mr. Cesar Chavez's name was used for political and racist causes. He said there should be no more "back door" compromises. Ms. Cruz Colomo, 3833 S. Staples, addressed the issue of the city employees who were dismissed for not reporting to work during Hurricane Bret. She said the City Manager neglected to provide shelters for citizens during the hurricane. Ms. Colomo also asked for an update on the lobbyists' activities. Council Member Kinnison said the Council had requested an update on the projects the lobbyists will be working on for the duration of their contract. * * * * * * * * * * * * * Minutes Regular Council Meeting September 28, 1999 Page 4 Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 3-18. Council members and audience members requested that Items 6 and 17 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M99-332 Motion approving supply agreements with the following companies for approximately 68,000 pounds of sludge de -watering polymers for an estimated six-month expenditure of $56,095. These purchases fall under Section 252.022(a) of the Local Government Code exempting the purchase of items necessary to protect public health and safety from competitive bidding. The term of the supply agreements will be six months with an option to extend for up to an additional six months subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted in FY 99-00 by the Wastewater Department. Polydyne, Inc. Stockhausen, Inc. Grand Total: $56,095 Norcross GA Greensboro. NC Oso and Broadway Allison Treatment Plant Treatment Plants Total : $12,220 Total: $43,875 The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Cooper and Scott absent. 4. M99-333 Motion approving the purchase of one V2 -ton pick up truck in accordance with Bid Invitation No, BI -0006-00 from Padre Ford, Corpus Christi, Texas for the amount of $16,428, based on only bid. The truck is included in the 99-00 Capital Outlay and will be utilized by Solid Waste Services. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Cooper and Scott absent. 5. M99-334 Motion approving a supply agreement for approximately 13,800 tons of pre -coated aggregate in accordance with Bid Invitation No. BI -0161-99 with Vulcan Construction Materials, LP, San Antonio, Texas based on the only bid of $317,400. The term of the contract will be 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. This material is used by Street Services in their seal coat operations. Funds have been budgeted by Street Minutes Regular Council Meeting September 28, 1999 Page 5 Services for FY 99-00. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Cooper and Scott absent. 7. M99-336 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $123,400 with Prime Technology Solutions, LLC of Lafayette, Louisiana for the O. N. Stevens Water Treatment Plant Instrumentation & Controls Upgrade Project. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Cooper and Scott absent. 8.a. M99-337 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the contract for consulting services with the Center for Coastal Studies in the amount of $55,500 for Ecological/Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Cooper and Scott absent. 8.b. M99-338 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the contract for consulting services with the Conrad Blucher Institute in the amount of $85,784 for On -Going Salinity Monitoring in the Rincon Delta and Nueces Bay. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Cooper and Scott absent. 8.c. M99- 39 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the contract for consulting services with the University of Texas Marine Sciences Institute in the amount of $93,484 for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Cooper and Scott absent. Minutes Regular Council Meeting September 28, 1999 Page 6 9. ORDINANCE NO. 023776 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with Silverio Valencia, Jr., to install, operate, maintain, and remove a 2-1/2" force main in the Greenwood Drive Street right-of-way, approximately 30 -feet in length to tie into an existing sanitary sewer manhole, in consideration of payment of $380.00, and other specified conditions. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Cooper and Scott absent. 10. ORDINANCE NO. 023777 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with Corpus Christi Metro Ministries, Inc., to install, operate, maintain, and remove two aerial fiber optic communications cables across the Leopard Street right-of-way, establishing a fee of $450.00, and other specified conditions. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Cooper and Scott absent. 11.a. M99-340 Motion authorizing the City Manager or his designee to accept a grant in the amount of $10,000 from the State of Texas Comptroller of Public Accounts for tobacco compliance and prevention activities. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Cooper and Scott absent. 11.b. ORDINAN ENO. 023778 Ordinance appropriating $10,000 from the State of Texas Comptroller of Public Accounts in the No. 1050 Federal/State Grants Fund for tobacco compliance and prevention activities. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Cooper and Scott absent. Minutes Regular Council Meeting September 28, 1999 Page 7 12. RESOLUTION NO. 023779 Resolution authorizing the City Manager or his designee to accept the $127,314 Federal Aviation Administration grant number 3-48-0051-27-99, contingent upon receipt of the grant offer, for the purchase and installation of a high reach extendable turret system on an Aviation Department aircraft rescue fire truck. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Cooper and Scott absent. 13.a. M99-341 Motion authorizing the City Manager or his designee to accept a grant in the amount of $493,100 from the Texas Department of Transportation for continuing the Metropolitan Planning Organization Program. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Cooper and Scott absent. 13.b. ORDINANCE NO. 023780 Ordinance appropriating a $493,100 grant from the Texas Department of Transportation in the No. 1050 Federal/State Grants Fund for transportation planning and related activities by the Metropolitan Planning Organization. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Cooper and Scott absent. 14. ORDINANCE NO. 023781 Ordinance amending Ordinance No. 023206, which appropriated $50,000,000 from the sale of commercial paper, and Ordinance No. 023557, which modified funding allocations, to renew appropriation of $14,330,000, which was released by issuance of long term bonds, and to modify funding allocations to increase the No. 4525 Commercial Paper -Storm Water - Capital Improvement Projects Fund by $1,860,000 to $4,660,000; to increase the No. 4475 Commercial Paper -Water -Capital Improvement Projects Fund by $1,345,000 to $26,875,000; and to decrease the No. 4500 Commercial Paper -Wastewater -Capital Improvements Project Fund by $3,205,000 to $18,465,000 to fund various eligible water, wastewater and stormwater projects on the FY97-98, FY98-99, and FY99-00 capital improvements project lists. Minutes Regular Council Meeting September 28, 1999 Page 8 An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Cooper and Scott absent. 15.a. M99-342 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $857,472 with Garney Company, Inc. of Kansas City, Missouri for the Staples Street Pumping Plant -new pumping plant and storage reservoir (Contract 4 - 42 -inch water line from new pumping plant at South Staples and County Road 43 to existing 16 -inch water line near Country Creek). The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Cooper and Scott absent. 15.b. M99-343 Motion authorizing the City Manager or his designee to execute a construction materials testing contract in the amount of $18,307 with Trinity Engineering Testing Corporation for the Staples Street Pumping Plant -new pumping plant and storage reservoir (Contract 4 - 42 - inch water line from new pumping plant at South Staples and County Road 43 to existing 16 - inch water line near Country Creek). The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Cooper and Scott absent. 16. M99-344 Motion authorizing the City Manager or his designee to execute a construction contract with N.G. Painting Inc. of Kerrville, Texas in the amount of $1,791,050 for the Holly Road Ground Storage Tank No. 2 and Padre Island Ground Storage Tank Rehabilitation project. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Cooper and Scott absent. 18.a. M99-345 Motion to amend ordinance prior to Second Reading by including language to formally amend the City's Comprehensive Plan. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Cooper and Scott absent. Minutes Regular Council Meeting September 28, 1999 Page 9 18.b. ORDINANCE NO. 023782 Adopting the Corpus Christi International Airport Master Plan Update, draft part 150 Noise Compatibility Study, Drainage Study, Heliport Feasibility Study, and Airport Intermodal Terminal Development Study. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Cooper and Scott absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 6, security workers for the convention facilities. Responding to Council Member Colmenero, Mr. Todd White, Acting Director of Materials Management, said that after evaluating all the offers received, Southern Security was found to be the lowest responsible bidder and staff had no reason to disqualify them. Council Member John Longoria asked if the city provided security for the IceRays games. Mr. Hal Peterson, Director of Convention Facilities, explained that the IceRays reimburse the city for those expenses. Mr. Longoria asked if staff checked the bidders' references, and Mr. White said they conducted a comprehensive evaluation. Mr. Longoria noted that in order to award the contract to another bidder, the Council would have to make a special finding. City Secretary Chapa polled the Council for their votes as follows: 6. M99-335 Motion approving a supply agreement for part time security workers for the Convention Center Facilities in accordance with Bid Invitation No. BI -0179-99 with Southern Security Company, Corpus Christi, Texas based on low bid of $118,750. The term of the contract will be 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 99-00 by the Convention Center and Coliseum. The foregoing motion passed by the following vote: Neal, Gonzales, Kinnison, and B. Longoria voting "Aye"; Colmenero, Garrett, and J. Longoria voting "No"; Cooper and Scott absent. ************* Mayor Neal opened discussion on Item 17, directional drill lease. Minutes Regular Council Meeting September 28, 1999 Page 10 Mr. Jimmie Till asked how the city would benefit from the proposed lease. Assistant City Attorney Gallaway replied that it is only a surface lease and the city currently receives $4,000 which escalates by 8% annually. City Secretary Chapa polled the Council for their votes as follows: 17. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute an Assignment of Lease Agreement from Pittencrieff (Gulf Coast), Inc. and Fletcher Challenge Petroleum Corporation to Texas Crude Energy, Inc. of a 2.07 acre surface lease for directional drill sites at the Laguna Madre Wastewater Treatment Plant, 201 Jester. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Cooper and Scott absent. ************* Mayor Neal opened the public hearing on the following zoning case: 19. Case No. 899-4. Rocky Enriquez: A change of zoning from an "A-1" Apartment House District to a "B-4" General Business District on South Park Addition, Block 4, Lot 44, located on the northwest corner of South Padre Island Drive and Monitor Street. City Secretary Chapa said the Planning Commission and staff recommended approval of the "B-4" General Business District. No one appeared in opposition to the zoning change. Council Member Kinnison made a motion to close the public hearing, seconded by Council Member Garrett, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 023783 Amending the Zoning Ordinance upon application by Rocky Enriquez, by changing the zoning map in reference to Lot 44, Block 4, South Park Addition, from "A-1" Apartment House District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Garrett, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Colmenero, Cooper, Gonzales, and Scott absent. ************* Mayor Neal opened the public hearing on the following zoning case: Minutes Regular Council Meeting September 28, 1999 Page 11 20. Case No. 899-6 Texas Star Investments Inc.: A change of zoning from an "AT" Apartment Tourist District to a `B -2A" Barrier Island Business District on Island Fairway Estates, Section 15, Block 41, Lots 1 and 2, located on the southwest corner of Compass Street and South Padre Island Drive (Park Road 22). City Secretary Chapa said the Planning Commission and staff recommended approval of the "B -2A" Barrier Island Business District. He said Council Member Kinnison had filed a disclosure affidavit and would abstain from discussing or voting on Item 20. Mr. Chapa added that since the 20% rule was in effect for this zoning case, it would require six votes to approve it. No one appeared in opposition to the zoning change. Council Member Scott returned to the Council meeting. Council Member Colmenero made a motion to close the public hearing, which was seconded and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 023784 Amending the Zoning Ordinance upon application by Texas Star Investments, Inc., by changing the zoning map in reference to Lots 1 and 2, Block 41, Island Fairway Estates, from "AT" Apartment Tourist District to `B -2A" Barrier Island Business 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: Neal, Colmenero, Garrett, Gonzales, B. Longoria, J. Longoria, and Scott voting "Aye"; Kinnison abstaining; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 21. Case No. 899-8. A Better You Cosmetic Surgery: A change of zoning from an "AB" Professional Office District to a "B-2" Bayfront Business District on Bayview Park Tract, bound by Buford Street, South Shoreline Boulevard, and Ocean Drive. City Secretary Chapa said the Planning Commission and staff recommended approval of the "B-2" Bayfront Business District. No one appeared in opposition to the zoning change. Council Member Colmenero made a motion to close the public hearing, seconded by Council Member Garrett, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 023785 Amending the Zoning Ordinance upon application by A Better You Cosmetic Surgery Minutes Regular Council Meeting September 28, 1999 Page 12 Center, by changing the zoning map in reference to Bayview Park Tract from "AB" Professional Office District to "B-2" Bayfront Business 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: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal called for a short recess. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 22, revised Solid Waste Services ordinance. City Manager Garcia said that on August 31, 1999, staff presented to the Council a four - pronged approach to improve Solid Waste Services. He said that on September 21st the Council approved the purchase of brush loaders and brush trucks to increase the city's capacity to pick up brush. The proposed revisions at the current meeting included making residential dumping at the landfill free for household waste, and to implement a program to buy back from citizens large, bulky items, such as furniture, carpeting, etc. Mr. Lawrence Mikolajczyk, Acting Director of Solid Waste Services, gave a computer presentation of the proposed changes, which are designed to improve the collection processes for trash, brush, and debris. He noted that changes are needed due to an increase in volume and due to the types of mixed materials that are set out for collection. Mr. Mikolajczyk reviewed a proposed reorganization of the Collection Division, which consists of the Solid Waste Services Director (who oversees 243 total personnel); a Landfill Superintendent, Assistant Director of Collection Operations, and a Management Assistant III in Office Administration; a Garbage/Recycling Collection Superintendent and the new position of Brush and Debris Collection Superintendent; and Foremen overseeing Garbage Collection, Recycling Collection, and the new positions for Brush/Debris Collection, which includes six equipment operators and 27 truck drivers. He said one of the changes they made was to stop supplementing garbage crews with brush personnel. Responding to Council Member John Longoria, Mr. Mikolajczyk said his position used to be Garbage/Recycling Collection Superintendent until he became Assistant Director of Collection Operations (and Acting Director while Mr. Andy Leal, Solid Waste Services Director, is out on sick leave). Minutes Regular Council Meeting September 28, 1999 Page 13 Council Member Scott asked why the new position of Brush and Debris Collection Superintendent is needed. Mr. Garcia replied that prior to this proposal, garbage/recycling collection and brush/debris collection were not separated and the priority has been on the weekly schedule for garbage collection. However, if personnel shortages occurred in garbage collection, crews were shifted from brush collection. Mr. Garcia added that one of the key elements to improving brush collection services is to establish a regular eight-week brush collection cycle. He said in order to do that, they need to keep the brush collection crews separate from the garbage collection crews. Mr. Longoria commented on the lengthy brush collection cycle and the tedious process involved in picking up brush and debris. Council Members Gonzales, Garrett, and Kinnison questioned the need for the Brush/Debris Collection Superintendent. Mr. Garcia and Mr. Mikolajczyk said that position is important because the superintendent is responsible for scheduling the brush routes and setting up the work loads. The foremen oversee the crews on the streets and perform a variety of tasks on a daily basis. Mr. Garcia said if the Council wants staff to cut personnel in the Solid Waste Services Department, they can so. However, he said, the city has a big problem with brush collection. He said he could not recommend removing supervision, coordination and customer service personnel from the department and expect there to be a major improvement in brush collection. Council Member Betty Jean Longoria said she felt that the proposed program will work if it is given a chance. Mr. Longoria said he felt these changes would be justified if the brush collection cycle was able to be shortened to six weeks instead of eight weeks. Mr. Garcia said the city is currently on an eight-week to 12 -week brush collection cycle. Mr. Mikolajczyk continued with his presentation, saying that staff is recommending the implementation of a "cash for trash" buy-back program; free disposal for non-commercial residents with a pick-up truck and trailer; establish and publish the set -out periods for heavy brush and debris based on an eight-week cycle; define when and what materials can be set out; enforce penalties for violators; and separate materials for easier collection and maximum diversion. Mr. Mikolajczyk said that while the ordinance would become effective on November 1, 1999, staff intends to only implement the "cash for trash" program this calendar year; the period from November 1999 to May 2000 will be used to educate the public about the changes. He said they intend to have a grace period of two eight-week cycles once the scheduled brush collection cycles are implemented. He said they also do not intend to increase any current level of enforcement. The Acting Director said the changes also include special waste charges in the amount of $10 per pickup pile for debris (there is no charge for piles of clean heavy brush and lumber that is not co - mingled with trash and debris). In addition, tires will be picked up in a separate truck for a fee of $5 per tire. Another element of the program is a nine -cent increase ($1.08 per year) per customer for solid waste collection services to offset the revenue loss from the implementation of the free Minutes Regular Council Meeting September 28, 1999 Page 14 residential disposal program. Responding to Mayor Neal, Assistant City Attorney Jay Reining said that since the solid waste services ordinance was totally reorganized, staff did not present it in a legislative style showing how the existing ordinance is proposed to be changed. He noted that the present ordinance does not have any provision for heavy brush and debris collection. In response to other questions from the Mayor, Mr. Reining explained various aspects of the proposed changes and the current ordinance. With regard to the free disposal program for residents, Mr. Kinnison asked if Suburbans would be allowed as well as pick-ups with trailers, and Mr. Reining said they would be. Mr. Kinnison also asked about the increased penalty from $500 to $2,000 a day. Mr. Reining explained that several state environmental laws were changed to authorize cities to fine violators up to $2,000 a day. He said generally the city is looking for compliance on the part of violators but in egregious cases the maximum penalty could be assessed. Mr. Kinnison also asked how the special waste charges were determined. Mr. Garcia said one of the factors that has caused the greatest delay in brush collection and a substantial increase in tonnage has been the amount of non -brush material the city is picking up. The "cash for trash" program is intended to be an incentive for people to take their debris to the landfill, while the special waste charges are meant to be a disincentive for people who continue to stack up their debris in front of their houses. If a customer chooses to have his debris hauled away by the city, a $10 charge per pick up would be added to the customer's bill for that month. Mr. Kinnison referred to the proposed nine -cent increase for solid waste collection services. He said staff had used the example that the monthly charge for a one -family dwelling would increase from $11.51 to $11.60, and he asked what would be the overall resulting dollar amount. Mr. Mikolajczyk replied that it would be approximately $6,600 per month (or $79,200 a year). He noted that the landfill receives about $80,000 a year in revenue from residential disposal fees. Mr Kinnison also expressed concern about the one-week limitation for setting out brush prior to a customers' scheduled pick up day. Mr. Garcia said that a two-week limitation is an option, adding that staff s intent is to enforce the ordinance on a complaint basis. Dr. Gonzales and Mr. Colmenero echoed previous concerns that the information provided by staff did not clearly illustrate what the current ordinance contains versus the proposed changes and additions, Mr. Colmenero also commented on several aspects of the proposals, including the number of trash receptacles; the time frame and types of materials that can be set out; repeat violators; high weeds; a possible pilot project; possible compensations for elderly and disabled customers; fines and the methodology for enforcement. Mr. Garcia pointed out that staff is proposing to remove the limitation on the number of trash containers. Mr. Scott asked about the status of the automated pilot project. Mr. Mikolajczyk said he has been in contact with vendors for containers and equipment and staff has selected four routes for a Minutes Regular Council Meeting September 28, 1999 Page 15 pilot project. He said staff is preparing agreements with the vendors. Mr. Garcia said Mr. Mikolajczyk is essentially the only administrator in that department currently and their priority has been the brush program. Mr. Scott pointed out that there is money in the budget for the pilot program. Mr. Garcia said staff needs to make a detailed presentation to the Council in the future. Responding to another question from Mr. Scott, Mr. Garcia said staff designed the proposed changes to be revenue -neutral, which he explained. Mr. Scott said he is not against the increase in fines, and he asked which department would be communicating with the public about these changes. Mr. Mikolajczyk said it will be a combined effort by Solid Waste Services and Communications and Quality Management and it will include neighborhood meetings and a series of communication pieces and media stories. Mr. Scott suggested providing incentives to employees for maintaining eight-week brush collection cycles. Mr. Longoria suggested that staff show the Council the marketing pieces they plan to use to inform the public about the program. Mayor Neal reiterated the Council's desire to have the ordinance presented in legislative style and to bring back a communication plan. He suggested they postpone action on this item until staff is able to do that, and there was consensus of the Council to postpone Item 22 until an upcoming meeting. The Mayor then called for comments from the audience. Mr. Paul Koepke, 715 S. Upper Broadway, encouraged the Council to proceed with the proposed changes in the solid waste services ordinances and to develop a methodology for enforcement. Ms. Cruz Colomo referred to the proposed fines, saying that it is possible someone could incur total fines of $10,000 for five days' of violations, which they probably would not pay unless the city puts a lien on their home. She said these changes need to be presented to the public and she commented positively about hiring additional truck drivers. Mr. R.F. Hasker agreed that the ordinance needs to be enforced. He added that Solid Waste Services revenues should go to the Utilities Fund rather than the General Fund, and he questioned the feasibility of special waste charges. Mr. J.E. O'Brien said the Council took the correct action by tabling Item 22. He said since about 1995 Solid Waste Services has been taking in about $6 million more than the cost of the services, which has gone into the General Fund. He questioned how the Council could consider a nine -cent per month increase and he wondered who would pay the fines if they are assessed. Mr. Jerry Mathis, 12925 E. Redbird, said he is a retired city employee and he urged the Council to take a strong look at hiring more high-priced supervisors; rather, they should hire more workers. He said he also had many questions about the proposed changes, including fines, one-week set out period, possibility of people dumping debris on vacant lots, and the "cash for trash" program. Minutes Regular Council Meeting September 28, 1999 Page 16 Mr. John Torrey, 7253 Yaupon Dr., said the city's brush collection program is one of the most ineffective in the garbage industry. He said he has analyzed several other cities' programs and suggested that the city have 10 hydraulic packing trucks with two men on each one. He said residents would be required to cut their brush in 4 -foot lengths to be tied with string or twine; the bundles should not weigh more than 35 pounds. He said those 10 trucks can provide once -a -week brush service and debris would be collected separately. Mr. Leon Perez, 904 Buford, commented on a long-standing brush pile on a vacant lot on the corner of Sixth Street and Buford Street next to his house. He criticized people for discarding furniture and other debris in front of their houses. Mr. Perez also commented on high weed problems. Mr. Colmenero asked when the high weeds ordinance will be presented to the Council. Mr. Garcia replied that it can be presented at the same time the solid waste services revisions are discussed during the October 19th presentations meeting. A citizen said he had many questions about the proposed changes, including residential disposal of construction material and debris. He also asked who would be cited for debris in front of a residence. and Mr. Mikolajczyk replied that the property owner would be cited. 22. POSTPONED Amending thc Code of Ordinances, City of Corpus Christi, Chaptcr 1, General Provisions, Chapter 12, Boats, Bays and Waterways, Chapter Garbage, Trash, and other Refuse, Chapter 49, Strccts and Sidewalks, regarding Solid Waste services, thc disposal of garbage, trash and othcr ref i3c, and thc eontrol of litter, providing for penalties, providing for severance; providing for an effective date. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 23, annexation issues. City Secretary Chapa said Council Member Kinnison had filed a disclosure affidavit stating that he would not discuss or vote on Item 23. Assistant City Manager Utter said this annexation process involves six tracts of land. Responding to Council Member Gonzales, Mr. Utter said it would have been very expensive to annex the Suburban Acres area because of sewer improvements that would have been needed. However, that development qualifies for a state program for colonias and they continue to have discussions with the county about it. Mr. Utter then described in detail the six tracts being considered for annexation, including their locations, characteristics, demographics, improvements in place, assessment of needs, and issues and concerns. He also responded to several Council questions about each of the six areas, particularly regarding services to be provided and costs. Minutes Regular Council Meeting September 28, 1999 Page 17 The six areas are: Area "A" - Wood River development consisting of five tracts of land ranging in size from 3.5 acres to 24 acres for a total of about 65 acres of land, bounded on the north by the Nueces River, on the east and south by portions of the Wood River Subdivision within the city limits, and on the west by East Riverview Drive; Area "B" - River Hills Country Club area consisting of four tracts of land containing a total of about 206 acres generally bounded on the north by the Nueces River, on the east by County Road 69 and Hazel Bazemore County Park, on the south by the present city limit line at FM 624, and on the west by the present city limit line at Wood River and River Hill subdivisions; Area "C" - area west of San Carlos Subdivision consisting of about 73 acres completely surrounded by the present city limit line, bounded on the west by IH -37 and on the south by Zamora Street being adjacent to San Carlos Subdivision; Area "D" - Mustang Island - the area west of State Hwy. 361 consisting of two tracts of land and water with about 1,238 acres surrounded by the present city limit line and bounded on the north by Mustang Island State Park, on the east by Mustang Island State Park and Hwy. 361, on the south by the present city limit line as it meanders around Padre Island No. 2 Subdivision/County Park #2, and on the west by the present city limit line as it meanders on the Laguna Madre side of Padre Island; Area "E" - Padre Island - the area east of Park Road 22 consisting of four tracts ranging in size from 14.5 acres to 413 acres for a total of 776 acres. Tracts 1 and 2 are adjacent to Packery Channel and Tracts 3 and 4 are adjacent to Padre Balli Park; Area "F" - Mustang Island north of the State Park consisting of about 3,231 acres bounded on the north by the city limits of the City of Port Aransas, on the east by the Gulf of Mexico, on the south by Mustang Island State Park, and on the west by the present city limit line as it meanders on the east side of Corpus Christi Bay. Responding to a question from Mayor Neal, Mr. Chapa said Mr. Kinnison does not have a conflict of interest on Item 23; however, he has personally decided not to discuss Annexation Area "C" (the area west of the San Carlos Subdivision). Mr. Utter then proceeded with his presentation and responded to Council members' questions. He noted that under annexation law, the city is required to begin to provide certain services and to complete those services within about 2'/ years. However, the city only has to provide the services that it provides to comparable properties. Mr. Utter referred to the proposed annexation calendar. He said if the Council approved Item 23 that day, on September 29, 1999 staff would send (by overnight delivery) the application for pre- clearance of the annexation to the U.S. Department of Justice; on October 8th staff would mail notices of the proposed annexations; November 9th would be the date of the first public hearing by the City Council; and December 14th would be the date for the first reading of the ordinance (or it could be passed on an emergency basis that day). He noted that there are other options in addition to the dates he described. Additional discussion followed. Minutes Regular Council Meeting September 28, 1999 Page 18 Mayor Neal called for comments from the audience. Mr. Joe McComb said he was not speaking in his capacity as a Nueces County Commissioner but as a citizen since the Commissioners Court has not considered this annexation issue. With regard to Area "C," he questioned why the city was not considering annexing the Lindgreen River Lots Addition since it is surrounded by the city limit line. Mr. McComb then commented extensively on Areas "E" and "F" and he distributed copies of the Island Parks Fund revenues and appropriations for FY 1999-2000. Mr. McComb also referred to information he had given the Council on General Fund appropriations for the Constables' Offices in Precinct 2 and Precinct 4, and he questioned water rates through the water district, beach cleaning, law enforcement costs, and EMS and fire protection costs. Council Member Scott asked if it would be possible for the county to continue to provide safety protection on the island if the city annexed specific areas there. Mr. McComb said he thought that would be negotiable, adding that there is no reason to duplicate efforts. He said the county would still be responsible for Padre Balli Park and Port Aransas Park, but J.P. Luby Park is not a dedicated park (it is a state-owned piece of property that is leased by Nueces County from the General Land Office). Council Member Garrett said he did not think the jurisdiction for law enforcement efforts would change and that the city and the county could work together on the island. Mr. McComb said there is not much police presence on a regular basis except that provided by the constables or during large events and holidays. Responding to Council Member Colmenero, Mr. McComb further described the figures he had provided from the constables' offices. Mr. Utter responded to some of the questions raised by Mr. McComb. With regard to the Lindgreen River Lots Addition in Area "C," Mr. Utter said that area has a number of complicating factors, including the city's ability to serve it. He noted that staff will be coming back to the Council in the future regarding that issue. He also pointed out that staff reflected the cost for one additional police beat, additional firefighters and a fire truck in Area "F" although they would also have jurisdiction in Area "E." Mr. Utter and Mr. Garcia further discussed the police beat and firefighter costs. Mr. Utter said that in terms of public safety, staff made the assumption that areas in and outside the city are still part of Nueces County and the constables on the island would still be providing the same services they were previously. With regard to beach clean up costs, Mr. Utter said staff will review the figures provided by Mr, McComb, adding that staff has provided very detailed cost estimates. Dr. Gonzales and Mrs. Longoria commented on the need to continue to work with county officials on the annexation issue. Responding to Mr. Scott, Mr. Utter said that under state law, when a city annexes an area that is served by another entity under a certificate of convenience and necessity, that entity can continue to provide services. He said staff has talked with representatives of the water district on several occasions and they had indicated that they wanted to continue to Minutes Regular Council Meeting September 28, 1999 Page 19 provide services in those areas. Mr. Utter also discussed EMS expenses. Mr. Scott also referred to a call he had received from a citizen interested in de -annexing the Yorktown industrial park. He said he is concerned about annexing land without providing the necessary services. On the other hand, he is concerned that there could be an area that the city did not annex but which developed outside the city's guidelines. Mr. Colmenero reiterated the need to work with county officials on several issues, including beach cleaning, parking permits, etc. Mayor Neal asked what action the Council was being asked to consider that day. Mr. Chapa said the proposed motion approves the annexation calendar and authorizes city staff to prepare the service plans and schedule Planning Commission and City Council public hearings to consider the six areas. The Mayor pointed out that the Council was not voting on the actual annexation that day but on the calendar and the process. Mr. Chapa polled the Council for their votes as follows: 23. M99-346 Motion approving an annexation calendar and authorizing staff to prepare service plans and schedule Planning Commission and City Council public hearings to consider six (6) areas of land/water for inclusion in the 1999 annexation program. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, B. Longoria, J. Longoria, and Scott voting "Aye"; Kinnison abstaining; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 24, Alameda Street hospital zone. There were no comments from the audience. Council Member Garrett made a motion to amend Item 24 to change the hospital zone operating hours from 8-11:45 a.m. and 1-5 p.m. to 8 a.m. to 5 p.m. Council Member Gonzales seconded the motion to amend. Mr. Garrett said he wished to delete the exception for the lunch period time. City Secretary Chapa polled the Council on the motion to amend, and it passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. Mr. Chapa then polled the Council for their votes on Item 24 as follows: 24. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 53 - Traffic, Article VIII - Schedules, Section 53-255, Schedule VI, amending the times for the Alameda Street Hospital Zone speed limit; providing for penalties. Minutes Regular Council Meeting September 28, 1999 Page 20 The foregoing ordinance passed on first reading, as amended, by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 25, Leopard Street improvements (Phase 3). There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 25. M99-347 Motion authorizing the City Manager or his designee to execute an engineering contract in the amount of $364,900 with Shiner, Moseley, and Associates, Inc. of Corpus Christi, Texas for the Leopard Street Improvements, Phase 3 -Rand Morgan to McKinzie Road project. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 26, McArdle Road improvements (Phase 2).There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 26. M99-348 Motion authorizing the City Manager or his designee to execute an engineering contract in the amount of $463,250 with Govind & Associates, Inc. of Corpus Christi, Texas for the McArdle Road, Phase 2 -Weber Road to Carroll Lane project. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. * ************ Mayor Neal called for the City Manager's report. Mr. Garcia said that last week when the Council discussed the capital improvement bond program process, the consensus of the Council was to have a workshop session on that issue on October 19th. Mr. Garcia said he was not sure all the Council members would be present on that date; alternative dates were October 12th and October 26th. Mayor Neal said they could have the workshop on October 12th beginning at 9 a.m. He asked that all the necessary staff members be present to answer the questions raised by the Council during the September 21st discussion. Minutes Regular Council Meeting September 28, 1999 Page 21 In his report, Mayor Neal asked staff to address a health concern regarding a restaurant's grease trap in the 4100 block of Alameda Street. He also noted that there is a great deal of traffic congestion on Staples Street between South Padre Island Drive and Holly Road, particularly due to the development of apartments and businesses in that area. Mr. David Seiler, Traffic Engineer, said the city's transportation plan calls for Curtis Clark Drive to extend to the east and north to intersect with Williams Drive. The Mayor said they should begin planning now for that road extension due to the length of time required to achieve funding. Mayor Neal also asked Mr. Garcia about the status of the consolidated communications dispatch center involving the city, the county and the Regional Transportation Authority. Mr. Garcia replied that they are still looking for a facility to house that center. The Mayor asked staff to proceed so as not to lose funding for the project. He then called for Council concerns and reports. Mr. Garrett said he had received complaints about excessively loud music emanating from people's vehicles. Mr. Reining said the city has an ordinance to address that problem but he added that it is nearly impossible to convict someone in Municipal Court for such an offense. Mr. Garrett also asked about the Marina Offices on the Lawrence Street T -Head. Mr. Garcia explained the Marina Offices were moved out of the Lighthouse Restaurant building and were placed there temporarily. They plan to eventually locate the offices on a barge which can be used for various events. Mr. Garrett and Mr. Kinnison both said they understood that some Nueces County Commissioners had requested that the Commissioners Court hold a joint meeting with the City Council to discuss communication problems and other issues. Mr. Garcia said the City Secretary's Office could proceed to schedule that meeting. Mr. Colmenero requested an update on the Tarlton Street improvements, and he said residents on Niagara Street were requesting speed bumps. He also asked that staff investigate a problem of high weeds located at Sixth Street and Buford Street. Mr. Kinnison said he had received complaints about high weeds on Snowgoose Drive. With regard to the annexation issue on the day's agenda, Mr. Kinnison explained that one of his clients owns one of the tracts being considered for annexation. Consequently, he filed a disclosure affidavit even though technically he does not meet the definition of a conflict of interest. However, staff concluded that since the tracts were grouped together under Item 23, Mr Kinnison would not be able to abstain from discussing only that one annexation area. He added that in the future he hopes staff will be able to structure the proposal so that if he has to abstain, it would not affect the whole item. Dr. Gonzales referred to a recent news article about Corpus Christi's high rate of euthanizing its stray pet population. As a result, representatives of a foundation said they wished to donate $30,000 to address that issue. He said it is a temporary solution until the city can build a new animal control facility. Dr. Gonzales said other citizens had also expressed an interest in donating money. Minutes Regular Council Meeting September 28, 1999 Page 22 Mr. Longoria asked if the appointment to the Port of Corpus Christi Authority could be placed on the agenda for October 12, 1999. There was a consensus of the Council to do so. Mrs. Longoria pointed out that several years ago some City Council members and County Commissioners were members of an informal committee that held meetings. Referring to Mr. Garrett's request, she said they should consider whether the entire Council should meet with all of the members of the Commissioners Court or if it should be done more informally. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 6:50 p.m. on September 28, 1999.