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.
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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.
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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
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