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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.