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HomeMy WebLinkAboutMinutes City Council - 01/15/2002I 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 January 15, 2002, which were approved by the City Council on January 22, 2002. WITNESSETH MY HAND AND SEAL, this 22nd day of January 2002. Go y Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 15, 2002 1:40 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Jesse Noyola Council Members: Brent Chesney Javier D. Colmenero* Henry Garrett Bill Kelly Rex A. Kinnison John Longoria* Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle Parry Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Council Member Kelly and the Pledge of Allegiance to the United States flag was led by Council Member Noyola. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of January 8, 2002. Council Member Chesney referred to page 18 of the minutes regarding a statement he made prior to the Council going into executive session to hear proposals for the development of the Corpus Christi Marina. Mr. Chesney made a motion to amend the minutes to state that he was opposed to going into closed session. The motion to amend was seconded by Council Member Scott and it passed. A motion was made, seconded and passed to approve the minutes as amended. *Council Member Colmenero arrived at approximately 1:43 p.m. The Mayor then conducted the swearing-in ceremony of the newly appointed board and committee members and he read a portion of the first ordinance that was passed in the City of Corpus Christi on January 15, 1879. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 2-12). Council members and an audience member requested that Items 2, 3, 8 and 12 be discussed. City Secretary Chapa polled the Council for their votes and the following were passed: 4. M2002-019 Motion approving supply agreements with the following companies for the following amounts in accordance with Coastal Bend Council of Governments Bid Invitation No. CBCOG-02-01 for food items which include canned and frozen fruit and vegetables, meats Minutes - Regular Council Meeting January 15, 2002 Page 2 and condiments for an estimated six month expenditure of $99,919.92 based on the recommended award submitted by the Coastal Bend Council of Governments. The terms of the contracts shall be for six months with an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY2001-2002. Ben E. Keith San Antonio, Texas 21 Items $17,490.09 Labatt Food Service Corpus Christi. Texas 55 Items $25,416.68 PFG Sysco Food Service Corpus Christi. Texas San Antonio, Texas 40 Items 49 Items $43,157.12 $13,694.37 Lance, Inc. Charlotte, North Carolina 1 Item $161.66 Grand Total: $99,919.92 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 5. M2002-020 Motion authorizing the City Manager or his designee to execute an engineering services agreement in the amount of $80,610 with Jim Lontos, P.E., for project management services for the Bond Issue 2000 street improvement projects. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 6. M2002-021 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to an engineering services agreement in the amount of $55,000 with Goldston Engineering Inc. for project management services for the Bond Issue 2000 street improvements project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 7. M2002-022 Motion authorizing the City Manager or his designee to execute an amendment to the contract for engineering services agreement with Shiner Moseley and Associates in the amount of $87,700 for the Corpus Christi Ship Channel/Art Museum bulkhead replacement. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. IT Minutes - Regular Council Meeting January 15, 2002 Page 3 9. M2002-024 Motion authorizing the City Manager or his designee to execute an agreement with the Corpus Christi Downtown Management District in the amount of $80,073 for assistance in downtown development and redevelopment activities. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 10. M2002-025 Motion accepting recommendation of City Engineer to ratify award of the construction contract by the Corpus Christi Tennis Association to Barcom Commercial Inc. for the tennis center project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 11. FIRST READING ORDINANCE Ordinance authorizing the City Manager or his designee to execute Amendment No. 1 to the lease between Bayfest, Inc. and the City of Corpus Christi, authorized on March 21, 2000, by Ordinance No. 023972, to adjust the amount payable for police services and to add a late payment fee. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * Mayor Neal opened discussion on Item 2, portable defibrillators. Council Member Kinnison asked if those defibrillators can be used in police vehicles and city facilities. City Manager Garcia said the Fire Department is working on a program to place automatic defibrillators in municipal facilities and he will ask the Police Chief to look into placing them in police cars as well. He noted that the Medtronic defibrillators are substantially more expensive than the automatic ones because they are more versatile and provide diagnostic information. City Secretary Chapa polled the Council for their votes as follows: 2. M2002-017 Motion approving the purchase of four portable defibrillator/monitors from Medtronic Physio -Control Corporation, Redmond, WA, based on sole source for a total amount of $51,020.80. The defibrillator/monitors will be used by EMS Division and are budgeted in FY2001-2002. Tr Minutes - Regular Council Meeting January 15, 2002 Page 4 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 3, work uniforms. Council Member Noyola said this supply agreement consists of seven line items and he asked if there was a requirement that they be bid as one package. Mr. Mike Barrera, Procurement and General Services Manager, explained that since the uniforms are used by 17 different city departments, he did not think it was feasible to spread the contract out among two or three different vendors. He said the vendor has to schedule fittings with the employees, which would be difficult with more than one vendor; he added that garments made by different companies may vary in size and fit. Mr. Noyola requested a break down of the cost of the seven line items. Mr. Garcia pointed out that Skaggs Public Safety submitted the lowest bid. City Secretary Chapa polled the Council for their votes as follows: 3. M2002-018 Motion approving a supply agreement with Skaggs Public Safety, San Antonio, Texas, for work uniforms which include approximately 2,128 work pants; 2,917 work shirts; 71 coveralls; 1,290 "T" -shirts; 670 jersey knit shirts; 2,130 denim jeans; and 300 jackets, in accordance with Bid Invitation No. BI -0003-02 based on low bid for an estimated annual expenditure of $118,202.50. The term of the contract shall be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the using departments in FY2001-2002. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 8, sale of city property, and he asked for an explanation. Assistant City Manager Tom Utter explained that Curtis Clark Drive runs from South Staples Street east to where it dead -ends beyond the Bank of America building. He said the Council authorized staff to put Lots 20 and 21 east of Braeswood up for sale with the stipulation that, at a minimum, the bidder had to relocate the Nueces County Community Action Agency (NCCAA) facility across the Braeswood right-of-way and construct and dedicate to the city an extension of Curtis Clark Drive to Braeswood. Mr. Utter said one of the major reasons for that extension is the existence of a large apartment complex near the terminus of Curtis Clark and the heavy traffic on South Staples. He said that Mr. Glenn Lyons bid on the property and agreed to start construction of the street in 36 months and to relocate the NCCAA building beside the health center at his cost. Minutes - Regular Council Meeting January 15, 2002 Page 5 Responding to Council Member Kinnison, Mr. Utter said Lots 20 and 21 are currently zoned "R -1B" One -Family Dwelling District and staff will recommend that they be rezoned to business zoning. The adjacent properties are residentially zoned and they back up to a heavily wooded area. He said this transaction will also resolve drainage issues in that area. Mr. Kinnison said that while the extension of Curtis Clark is desperately needed, he is concerned that the proposed contract does not include a deadline when the work will be completed. Mr. Utter said staff was probably remiss in not including such a clause but he does not think the work will take more than six months. Mr. Glenn Lyons, 13901 Cabana North, said the road will be an integral part of the development project. He said the entrance at Braeswood onto Williams Drive will be widened to accommodate dedicated right- and left -turn lanes and it will serve as the main entrance into the project. Mr. Lyons explained that following the September 11, 2001, terrorist attacks, prospective investors backed out of the project, which has delayed its implementation. He said that is why he asked that he be given 36 months to start the project. Mr. Kinnison asked Mr. Lyons if he would object to a 42 -month deadline for completion of the road construction. Mr. Lyons said that once the road construction starts, he begins spending money. However, he said many unforseen events could occur and he would be uncomfortable with a 42 -month deadline. *Council Member Longoria arrived at approximately 2:05 p.m. Mr. Kinnison asked what risks the city would be incurring by leaving the project open-ended with regard to the completion date. Mr. Utter said when Mr. Lyons asked for a 36 -month period to start the project, staff expected that six months would be sufficient to complete the road construction. He said if six months is not sufficient, then possibly 12 months would be. Mr. Lyons agreed that 12 months would be enough time to finish the project. Mr. Kinnison said this is a good project but he wanted to ensure that it contains a completion time. Mr. Utter said staff agrees with Mr. Kinnison. Responding to Council Member Colmenero, Mr. Utter said when Mr. Lyons brings his property to the city to be replatted, the name will go before the Planning Commission. He said he assumes it will be Curtis Clark Drive. He added that Braeswood is a "paper" street at this time. Mr. Kinnison made a motion to amend Item 8 to include a starting date within 36 months with completion within 48 months. The motion was seconded by Council Member Kelly and it passed. City Secretary Chapa polled the Council for their votes as follows: 8. M2002-023 Motion approving the sale of City property known as Lots 20 and 21, Block 4, Gulfway- Airline Park, Unit 1, located at the corner of Williams and Braeswood Drive for $100 and other bid requirements received by sealed bid and authorizing the City Manager or his designee to execute a special warranty deed for the sale and conveyance of the subject property. Minutes - Regular Council Meeting January 15, 2002 Page 6 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 12, FY 2002 capital budget. Mr. R.F. Hasker, 1813 Wallace, questioned expenses associated with the Garwood pipeline. Assistant City Manager Ron Massey replied that the cost of the Garwood water rights was about $14 million. Mr. Hasker said the original costs of the 30 -mile pipeline were estimated to be $20 million to $40 million, but now they are estimated to be $98 million. He said in comparison, the Mary Rhodes pipeline, which is 104 miles long, cost $125 million. Mr. Massey said staff is evaluating proposals from engineering firms regarding several aspects of the Garwood project, including determining the pipeline route and method of delivery, in order to acquire an accurate cost estimate. He noted that the $88 million estimate is in the long-range capital improvement plan (CIP). He said even if the project ended up costing the total amount in the budget, the price of the water would be less than $300 per acre-foot, which is a very competitive price. Responding to Mayor Neal, Mr. Massey said the short-range CIP (FY 2002-04) does not contain any monies for construction of the Garwood pipeline but it does contain funds for the acquisition of right-of-way and design. In reply to Council Member Scott, Mr. Massey said the cost estimates have been updated in the last year as part of the regional water planning efforts and upon study of the area's groundwater supply system. Mr. Hasker continued to contend that the Garwood pipeline should be less expensive since it is much shorter than the Mary Rhodes Pipeline. Mr. Massey explained that those pipelines involve two different delivery systems from two water sources --the Colorado River (Garwood pipeline) versus the Lake Texana reservoir (Mary Rhodes Pipeline). He said there will be additional cost in capturing the water from the river. Council Member Kinnison noted that the Council was approving the FY 2001-02 capital budget. He said the Council has agreed to take a closer look at the long-range CIP, which the Council is not voting on today. Mr. Mark McDaniel, Director of Management and Budget, agreed that that will be a topic at the Council's upcoming retreat. Mr. Kinnison said the Council has also asked staff to review alternative funding mechanisms for the FY 2001-02 capital budget, such as "pay-as-you- go" versus incurring debt. Mayor Neal pointed out that the Council has not made any final decisions about the Garwood project. City Secretary Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 024730 Ordinance approving the FY 2002 capital budget in the amount of $152,674,800. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." n Minutes - Regular Council Meeting January 15, 2002 Page 7 Mayor Neal referred to Items 13 and 14. A motion was made, seconded and passed to remove those items from the table and open the public hearing on the following zoning cases: 13. Case No. 1201-01. Glenn E. Lyons: A change of zoning from a "R-2" Multiple Dwelling District to an "AB" Professional Office District on Tract 1 and "B-4" General Business District on Tract 2 on Flour Bluff and Encinal Farm and Garden Tracts, Section 13, 7.89 acres out of Lots 18 and 19, located south of Williams Drive and east of South Staples Street. City Secretary Chapa said the Planning Commission and staff recommended approval of an "AB" District on Tract 1 and "B-4" District on Tract 2. 14. Case No. 1201-02. Glenn E. Lyons: A change of zoning from a "R-2" Multiple Dwelling District to an "AB" Professional Office District on Tract 1 and "B-4" General Business District on Tract 2 Flour Bluff and Encinal Farm and Garden Tracts, Section 13, 7.598 acres out of Lots 18 and 19, located south of Williams Drive and east of South Staples Street. Mr. Chapa said the Planning Commission and staff recommended approval of an "AB" District on Tract 1 and "B-4" District on Tract 2. Mr. Michael Gunning, Director of Planning, used a computer presentation to describe the two zoning cases. He said it is the applicant's intention to develop the two properties with mixed uses, including offices, retail and possibly multi -family uses. Mr. Gunning also showed photographs of the subject properties and adjacent properties. No one appeared in opposition to the zoning change. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Scott, and passed. The ordinances passed by the following votes: 13. ORDINANCE NO. 024731 Amending the Zoning Ordinance upon application by Glenn E. Lyons by changing the zoning map in reference to 7.89 acres out of Lots 18 and 19, Section 13, Flour Bluff and Encinal Farm and Garden Tracts, from "R-2" Multiple Dwelling District to "AB" Professional Office District on Tract 1 and "B-4" General Business District on Tract 2; 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, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 14. ORDINANCE NO. 024732 Amending the Zoning Ordinance upon application by Glenn E. Lyons by changing the zoning map in reference to 7.598 acres out of Lots 18 and 19, Section 13, Flour Bluff and Encinal Farm and Garden Tracts, from "R-2" Multiple Dwelling District to "AB" Professional Office District on Tract 1 and "B-4" General Business District on Tract 2; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Minutes - Regular Council Meeting January 15, 2002 Page 8 An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to Item 15, and a motion was made, seconded, and passed to open the public hearing on the dune protection and beach access plan. Mr. Utter explained that previously the city had an interlocal cooperation agreement with Nueces County and this proposal allows reciprocation with other jurisdictions that issue permits provided they have a parking permit fee equal to the City of Corpus Christi's fee. He said this proposal also allows for the adoption of a unified parking permit and he noted that these amendments do not go into effect until they are approved by the Texas General Land Office (GLO). No one appeared in opposition to Item 15. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Scott said he thought it was the Council's desire to reach a consolidated reciprocal agreement with the other entities. Mr. Utter said that Nueces County currently charges $10 for a one-year beach parking permit and staff is recommending that the city also charge $10. In reply to Mr. Kinnison, Mr. Utter said the state cannot force the three entities to adopt a unified permit plan but the GLO Deputy Commissioner will be present at an upcoming meeting of the entities' representatives. City Secretary Chapa polled the Council for their votes as follows: 15. FIRST READING ORDINANCE Ordinance amending the City of Corpus Christi, Texas, Dune Protection and Beach Access Plan, an element of the City of Corpus Christi Comprehensive Plan, by revising the provisions relating to beach user fees. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Items 16.a. -d. and I7.a.-d., beach area ordinances. City Manager Garcia said through these proposals, staff is attempting to take several existing ordinances which principally regulate urban parks and modify them so they apply to the beaches. He said several city departments have been involved in this process. The Mayor said the proposed amendments do not address fireworks on the beaches. Mr. Utter said they do not since fireworks are prohibited within the city limits. Mr. Garcia said that information will be included on the signs on the beaches. Mayor Neal also asked about the leash law. Mr. Garcia said the city has a strong leash law and this proposal is an exception to the normal leash law. Mr. Utter referred to page 158 in the agenda packet which contains the proposed leash law amendments it R Minutes - Regular Council Meeting January 15, 2002 Page 9 to Sec. 10-59(c) of the Code of Ordinances. Mr. Utter said staff feels that people would like to let their dogs run free on the beach but the dogs cannot harass, threaten or bite people and they must be under effective control and supervision. He added that Nueces County does not have a leash law. Council Member Longoria expressed concern about public safety with regard to letting dogs run free on the beach. Mr. Garcia said staff assumed it was the Council's intent, upon the annexation of the beaches, that people would be able to continue enjoying the beaches in much the same way as they had in the past. He said people cannot do that if the city's existing ordinances are enforced in the newly annexed areas. Council Member Garrett said he spends a great deal of time on the beach and he recounted how a dog kept knocking his grandchildren down when they were at the beach. Mr. Utter said if a dog behaves in that manner, the owner will be cited under this proposal. Responding to a question from Mr. Garrett, Mr. Garcia said that without the amended provisions under Sec. 10-59, any dog not on a leash, including those on the beach, would be in violation of the ordinance. In reply to Council Member Kinnison, Mr. Utter described how these proposals differ from the county's current regulations regarding animal control, camping, glass bottles, fires, vendors, traffic, beach festivals, juvenile curfew and alcohol. Mr. Kinnison asked about enforcement measures. Mr. Garcia said the Council approved the purchase of four-wheel drive vehicles for use on the beach and personnel will be used to patrol the beaches and man the lifeguard stands. Council Member Kelly asked if the proposed ordinance could specify certain areas where dogs are either not allowed or have to be leashed, such as the beach area south of Packery Channel in front of the seawall. Mr. Garcia said the Council could direct staff to include that provision. He said this is the first year that the city will be responsible for regulating large segments of beach areas and staff did not want to act in a heavy-handed fashion by imposing several regulations on a unique recreational area. However, if the Council is concerned about certain issues, staff can modify the proposals in a variety of ways. Responding to Mayor Neal, Mr. Utter said the city cannot control actions in the state park or the national seashore; however, county parks located in the city limits can be controlled. He added that the real issue to staff appears to be enforcement, which he discussed. Mayor Neal suggested that staff look at the area from the existing Port Aransas city limits south to an area beyond the heaviest inhabited area. Mr. Longoria said that J.P. Luby Surf Park is the most congested area where unleashed dogs would create problems. Mr. Garcia said they could reevaluate the ordinances after the first six months of their enforcement. Mr. Longoria also commented on the lack of litter control on the beaches. He said there needs to be an attitude of zero tolerance regarding that issue and personnel have to be assigned to enforce the regulations. Mr. Garcia said staff hopes to establish a group of lifeguards who will be able to provide such enforcement through citations. He said the city is committed to maintaining a high- profile beach cleaning program throughout the year. Council Member Scott agreed that trash control is a very important issue and the proposals should be reexamined after six months. Minutes - Regular Council Meeting January 15, 2002 Page 10 Council Member Colmenero asked about the presence of exotic animals on the beach. Mr. Utter said that exotic animals are covered under a different section of the Code of Ordinances, which is not being amended. City Attorney Bray added that generally exotic animals are not allowed in the city limits. Mr. Colmenero asked about glass bottles on the beach and Mr. Utter said that issue has been addressed several times without success in the Texas Legislature. Mr. Colmenero also asked about plastic bags, suggesting that local stores be urged to provide paper bags instead, and he questioned the provision regarding the number of campers and campsites. Mr. Utter said the Director of Park and Recreation will have to establish guidelines to regulate that provision. In response to another question from Mr. Colmenero, Fire Chief J.J. Adame discussed the provisions pertaining to fires on the beach. First Assistant City Attorney Jay Reining said the size parameters for fires are the same as those used by Nueces County and Port Aransas. Chief Adame pointed out that a fire station will be located on Mustang Island. Mr. Colmenero asked about no - parking areas to accommodate emergency vehicles. Mr. Reining said the city has the authority to close portions of the beach for health and safety reasons. Council Member Noyola commented on the need to maintain clean, safe beaches. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 16.a. FIRST READING ORDINANCE Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 38, Peddlers, Vendors, Itinerant Merchants and Solicitors, regarding park and beach vendors; providing for penalties. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 16.b. FIRST READING ORDINANCE Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront Management and Construction, regarding animal control, beach festivals, beach vendors, bonfires and campfires, camping, glass containers, operating vessels in surf, and traffic control on Gulf of Mexico beaches; providing for penalties. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 16.c. FIRST READING ORDINANCE Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 36, Parks, Recreation, Cultural and Leisure Time Activities, regarding curfews and alcoholic beverages in gulf beach parks; providing for penalties. rn Minutes - Regular Council Meeting January 15, 2002 Page 11 The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 16.d. FIRST READING ORDINANCE Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 33, Offenses and Miscellaneous Provisions, regarding curfews on beaches; providing for penalties. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 17.a. M2002-026 Motion to amend prior to second reading by substituting a new revised Appendix VII which designates the beach fee areas. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 17.b. ORDINANCE NO. 024733 Ordinance amending Ordinance No. 022164, which adopted the City of Corpus Christi, Texas, Dune Protection and Beach Access Regulations, by revising Appendix VII, Designated Beach Fee Areas; providing for an effective date; and providing for penalties. The foregoing ordinance passed on second reading, as amended, by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 17.c. M2002-027 Motion to amend prior to second reading by: (1) amending the beach parking permit fee amendments to Subsection C of Section 10-86 by making those provisions consistent with the first reading ordinance on this agenda which amends the Dune Protection and Beach Access Plan; (2) providing that any fee increase will not be effective until approved by the Texas General Land Office (TXGLO); and (3) making changes to comply with TXGLO requirements. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 17.d. ORDINANCE NO. 024734 Ordinance amending Article VIII, Fees, of Chapter 10, Beachfront Management and Construction, of the Code of Ordinances, City of Corpus Christi; providing for an effective Minutes - Regular Council Meeting January 15, 2002 Page 12 date; and providing for penalties. The foregoing ordinance passed on second reading, as amended, by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 18, revised annexation calendar. Mr. Utter said staff was asking the Council to rescind the previous motion pertaining to this annexation so that staff can bring back the service plans for the revised areas and the Council can hold the public hearings. He then briefly described the proposed annexation areas (listed below). Council Member Kinnison asked what areas Nueces County would be responsible for cleaning. Mr. Utter said that according to state law, if a county owns a park or property that is adjacent to the beach, they are responsible for the beach clean up. However, if it is within the city limits, the city would be responsible for law enforcement. Mr. Gunning said the county would be left with approximately two miles of beach to maintain. Mr. Kinnison asked if the county would consider contracting with the city to conduct those clean-up efforts. Mr. Utter said he believes that will be one of the issues to be discussed by the City Manager and other representatives during an upcoming meeting. There were no comments from the audience. City Secretary Chapa polled the Council: 18.a. M2002-028 Motion rescinding Motion No. 2001-471 approving an annexation calendar and directing staff to prepare service plans and setting annexation public hearing dates. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. 18.b. M2002-029 Motion approving a revised annexation calendar and authorizing staff to prepare service plans and schedule City Council public hearings to consider annexation of approximately 519.32 acres described as: Jones. Walter and GLO Beach Frontages: Publicly and privately owned lands comprising approximately 44.16 acres and 9,618 feet of Gulf beach frontage, from south -most property line of Padre Balli County Park to a point 500 feet south of the south -most property line of the Lawrence Jones property. The width of the strip extends westward from the city limit line on the Gulf of Mexico shoreline, being the 1.37 -foot line above mean sea level based on U.S.G.S. and G.S. datum of 1929, to a point along the vegetation line approximately 200 feet west of and generally parallel to the 1.37 -foot line above mean sea level Gulf of Mexico shoreline. Padre Balli Park: Nueces County Park No. 1 (Padre Balli Park) comprising approximately 194.92 acres and 6,324 feet of Gulf beach frontage. Minutes - Regular Council Meeting January 15, 2002 Page 13 Packery Channel Park: Publicly and privately owned lands comprising approximately 50.01 acres and including Nueces County Park No. 2 (Packery Channel Park); and Nueces County land south of Mustang Island State Park: Publicly owned (Nueces County) tract of land comprising 221.00 acres and 4,211 feet of Gulf beach frontage generally surrounded by the existing city limits and out of the William Bryan Survey 606, between the east right-of-way line of State Highway 361 and the existing city limit line along the Gulf of Mexico shoreline, being the 1.37 -foot line above mean sea level based on U.S.G.S. and G.S. datum of 1929. Beach -front property north of Zahn Road: Privately owned tract of land comprising approximately 9.23 acres and 2,009.79 feet of Gulf beach frontage abutting the city limits on the Gulf of Mexico shoreline, being the 1.37 -foot line above mean sea level based on U.S.G.S. and G.S. datum of 1929, and extending approximately 200 feet westward and between county -owned land and state -leased land at J.P. Luby Surf Park. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. * * * * * * * * * * * * * Mayor Neal announced the following executive session (Item 19), pursuant to Texas Government Code Section 551.071 regarding Kelly Lewis Jr. v. City of Corpus Christi, No. 94-1650- C, 94`s District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia said next week's meeting will begin at the regular time of 2 p.m. He said issues to be discussed include union dues and solid waste services. The Mayor noted that there were petitions from the audience to be heard. Mr. Brian Watson, 5813 Hugo, said he had some contact with homeless people when he lived in Austin and he said most of them are doing the best they can under difficult circumstances. He said the City of Austin contracted with the Salvation Army to build an additional shelter. He said he disagrees that the homeless should be arrested for trespassing violations as examples to others because he feels it will engender bitterness and could erupt into criminal actions. Mr. Leon Perez, 904 Buford, questioned why the city annexed additional areas toward Port Aransas. He said someone told him that Corpus Christi cannot even take care of the areas within its current city limits. Mayor Neal called for Council concerns and reports. Mr. Noyola said there is a rumor that the city is very quick to turn off people's utilities when their bill is in arrears. Assistant City Manager Jorge Cruz-Aedo said the notice goes out 17 days after Minutes - Regular Council Meeting January 15, 2002 Page 14 the bill date and if no payment is received, the customer receives a third notice with their bill for the following month. Mr. Garcia said that people having trouble paying their bill should call the city's utilities customer service department. Mr. Cruz-Aedo pointed out that city staff wants to work with customers during the month they are experiencing difficulties, not several months later. Mr. Scott said he will not be able to attend the February 12th City Council meeting and he thanked Mayor Neal, Council Members Garrett and Chesney and Police Chief Pete Alvarez for their attendance and efforts at a meeting regarding the homeless situation in Flour Bluff. He also requested information about the Garwood pipeline costs and he invited the Council to a Tex -21 transportation coalition meeting on February 8th in Corpus Christi. Mr. Colmenero provided the City Manager with concerns regarding McClendon, Atlantic, Sarita and Comanche streets, and he asked staff to begin the process of working with beach vendors in order to minimize the amount of litter that is generated. Mr. Garrett suggested that staff provide additional information to the public about where to place their carts as part of the automated trash pick up program. He also asked about costs for additional carts. Mr. Massey said it costs about $40 per container which can be paid all at once or included in the customer's monthly utility bill until the cost is paid off. Responding to Mayor Neal, Mr. Garcia said the city has a beach cleaning plan that staff is implementing. The Mayor said the Council had received information from Mr. John Torrey, owner of Captain Hook, about a beach -cleaning machine he invented. Mr. McDaniel said staff will continue to discuss the issue with Mr. Torrey. Mr. Jeff Kaplan, Director of Solid Waste Services, specified that the cost for a 95 -gallon container is $40 and $36 for a 65 -gallon container. He said customers can contact SWS at 857-1970 for more information. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 4:10 p.m. on January 15, 2002. "Ir * * * * * * * * * * * * *