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HomeMy WebLinkAboutMinutes City Council - 08/13/1996I 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 August 13, 1996, which were approved by the City Council on August 27, 1996. WITNESSETH MY HAND AND SEAL, this 27th day of August, 1996 SEAL tic- -L- yk ,1 _ Aimando Chapa City Secretary MICROFILMED MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 13, 1996 2 p.m. PRESENT Mayor Mary Rhodes Council Members: Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward Martin Dr. David McNichols ABSENT Mayor Pro Tem Dr. Jack Best City Staff: Acting City Manager Bill Hennings City Attorney James R. Bray, Jr. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Donald B. Beal, First Lutheran Church, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Black. 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 Rhodes introduced Item 2, a resolution commemorating the life of Dr. Hector P. Garcia, who passed away on July 26, 1996. The Mayor recognized members of Dr. Garcia's family who were present at the meeting, including his wife, and members of the American G.I. Forum. She then read the resolution, noting that Dr. Garcia founded the American G.I. Forum in Corpus Christi in 1948, and calling him a "visionary American statesman and humanitarian." Council Member Martin made a motion to adopt the resolution as read by Mayor Rhodes, seconded by Council Member Heldenfels, and it passed as follows: Minutes Regular Council Meeting August 13, 1996 Page 2 2. RESOLUTION NO. 022653 Resolution commemorating the life of Dr. Hector P. Garcia. The foregoing resolution passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. * * * * * * * * * * * * * Mayor Rhodes called for approval of the minutes of the regular Council meeting of July 30, 1996, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Park & Recreation Advisory Committee Annie Jean Castro (Reappointed) Robert Gross (Reappointed) Marvin Spears Robert Ibarra Dr. Joseph Horvat Victor Menard Planning Commission Bert Quintanilla Chief Elected Officials Council for Workforce Development Corporation Council Member Jack Best Council Member Betty Jean Longoria Council Member Edward Martin * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 4, Water Conservation Program. Mr. Jim Naismith, co-chairman of the Water Conservation Advisory Committee, said the committee recommended that the remaining elements of Condition II of the Water Conservation and Drought Contingency Plan be implemented, which would include a more restrictive lawn -watering schedule, and restrictions on use of fire hydrants and watering of fairways. Minutes Regular Council Meeting August 13, 1996 Page 3 Mr. Naismith said the committee had also discussed Condition III elements as well as the operating plan for the reservoirs. Concerning that plan, questions were raised by committee members regarding the amount of water lost to evaporation. Mr. Ken Choffel, of HDR Engineering, explained that the Water Conservation Advisory Committee charged HDR with the task of reviewing and possibly altering the present operating policy for the two reservoirs. He said Lake Corpus Christi is usually operated at an elevation of 88 feet above sea level (although it is presently at about 84 feet). After consulting with the three cities that divert water from Lake Corpus Christi (Alice, Beeville, and Mathis), it was determined that the lake should be dropped down to 74 feet in order to reduce losses caused by evaporation. Mr. Choffel added that Lake Corpus Christi has a 60% greater surface area than Choke Canyon. He also explained that if the city continued to follow the present operating policy for the reservoir system, in about 15 months Choke Canyon would be totally depleted. However, if water is retained in the deeper Choke Canyon reservoir and Lake Corpus Christi is drawn down, in 12 months it would result in Choke Canyon being about five feet higher in elevation. Mr. Choffel concluded that if the operating policy was changed as proposed, there would be an increase of 43% of capacity in the reservoir system. He said changing the operating policy would not require any permits from the state, and there would be no need to modify the city's intakes, although there may be some minor modifications to the intakes of Alice, Beeville, and Mathis. Responding to Mayor Rhodes, Mr. Choffel said there was still some uncertainty how this policy would affect the three cities' intakes. He noted that when the lake is drawn down, attention would need to be paid to the suction heads of the pumps to ensure they are operating properly. Council Member McNichols pointed out that the evaporative losses between the two reservoirs in this extreme heat are averaging in excess of 15,000 acre-feet per month. The total water usage for the whole system (residential, commercial, and industrial) is about 140,000 acre-feet per year; however, at the current rate, 12 months of evaporative losses would equal 180,000 acre-feet per year, which illustrates the need to diminish the amount of evaporative losses. Mayor Rhodes asked if the water quality would change under the new operating policy. Mr. Choffel said there would be no change in the water coining down the Nueces River. He added that the releases from Choke Canyon would not be totally cut off since there is a provision in the permit for fish and wildlife, as well as water supply to the other cities along the river. Dr. McNichols emphasized that the diminishing water supply is a regional problem and regional solutions are being sought. Council Member Martin asked if the committee's recommendation was only addressing the problem of evaporation during the drought, while not changing the policy to permanently operate Lake Corpus Christi at a lower level, which is a firm yield recommendation; Mr. Choffel replied Minutes Regular Council Meeting August 13, 1996 Page 4 affirmatively. Mr. Martin then asked what Lake Corpus Christi would look like at an elevation of 74 feet. Mr. Choffel replied that it would vary in different parts of the lake. Council Member Heldenfels questioned the action proposed on Item 4.b. of the day's agenda. Acting City Manager Hennings replied that if the Council passed the motion, they would be expressing their intent to adopt a similar motion at the next meeting. Mayor Rhodes said she thought it should be passed on two different readings. Mr. Hennings added that the effective date would be September 16, 1996. Mr. Heldenfels asked Mr. Naismith if the system contained more water now than it did during the drought of 1984-87. Mr. Naismith replied that the minimum level at that time in terms of gallons of water was much lower than present levels. However, the current drought appears to be more severe than that drought. Responding to a question from Dr. McNichols, Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, said there are only two golf courses that are using treated potable water for watering purposes. The other golf courses in the city use effluent or blend well water with potable water. Dr. McNichols also questioned the proposal under Condition III to terminate watering at 9 p.m. Mr. Crull said it was an issue of enforcement. Mr. Heldenfels asked if the two golf courses using potable water could use effluent instead, and Mr. Crull said they are far -removed from the treatment plants and the pipeline facilities to transport the effluent are not in place. Mr. Martin said he did not think the city should waste time and energy to enter into another phase of Condition II, to be followed by Condition III shortly thereafter. He said if the city intends to implement Condition III on November 1, 1996, much more needs to be done. For instance, industries will be required to reduce water consumption by 25%, which will entail large-scale planning; every single water meter in the city will need to be read; and a survey of residents will need to be completed to determine allotments for each household. He said the city should announce that Condition III will be implemented on November 1 and then begin to plan for it. Mr. Martin asked if the city's water pressure was dropping to dangerous levels for fire- fighting capability since people are allowed to water every night under the current provisions. Mr. Crull said it is dropping in certain portions of the city, primarily where there are many sprinkler systems. Mr. Martin questioned why the Council did not prohibit lawn watering and the installation of new lawns altogether. He also asked if construction companies who have already received permits for projects will be "grandfathered" in order to continue using water. Mr. Hennings said that according to the City Attorney, the Acting City Manager has the authority to make those provisions. Mr. Hennings responded to concerns Mr. Martin raised about planning for the Minutes Regular Council Meeting August 13, 1996 Page 5 implementation of certain drought provisions. He said staff had postponed certain items in the hopes that it would rain in May and June, but it did not. It is also hoped that rain will fall in September and October, but if that does not occur, Condition III is the next step. Mr. Martin reiterated that Condition III requires a huge lead time before it can be implemented. A brief discussion ensued, and Dr. McNichols urged the Council to act upon the recommendations of the Water Conservation Advisory Committee. Mr. Naismith noted that the area's water quality should improve in the future because algae is very sensitive to water temperature and sunlight, both of which should not be as intense in the ensuing fall and winter months. Council Member John Longoria said he agreed with Mr. Martin's comments, adding that the advisory committee should not be hesitant in making strong recommendations to the Council for planning purposes because the next few months could be very difficult in implementing the more onerous water restrictions. Mr. Naismith said that some of the surrounding communities have already implemented the remaining provisions of Condition II for various reasons. Mayor Rhodes said there are many people who are not complying with the current watering restrictions due to the inability to enforce them; one solution would be to totally restrict lawn watering. She said the purpose is to postpone as long as possible economic implications that will occur with Condition III provisions. Mr. Naismith said the Water Conservation Advisory Committee will discuss those concerns during their next meeting on August 21, 1996, and bring back more recommendations during the August 27, 1996 Council meeting. Dr. McNichols emphasized that there was sound reasoning behind each of the committee's recommendations, including input from landscape experts. The Mayor reiterated that there were many people who were not abiding by the city's water restrictions. Mr. Martin pointed out that the Texas Natural Resource Conservation Commission (TNRCC) maintains that until the city begins eliminating jobs in Corpus Christi (under the more restrictive provisions of Condition III), it has to continue freshwater releases into the Nueces estuary. Council Member Betty Jean Longoria said she would support a ban on lawn watering as Mayor Rhodes suggested. The Mayor asked the committee to bring back a firm timeline for implementing its recommendations. Council Member Cooper asked the committee members to focus their attention on preserving businesses as much as possible under the upcoming water restrictions. She also requested more information on the amount of water that commercial operators use when they wash buildings. Minutes Regular Council Meeting August 13, 1996 Page 6 Council Member Black said she felt that citizens were much more conscious of their yards than they used to be, but she emphasized the importance of people watering the foundations of their homes to keep them from cracking. Mr. Hennings said there was nothing in the restrictions that would affect the watering of foundations, adding that staff would provide a report. Dr. McNichols asked for a report conceming the effect of watering conservation measures to this point. Mr. James Dodson, Regional Water Director, said the best measure to compare current water consumption with what consumption could be without water restrictions is the year 1989, which was the last severely dry year without water restrictions in place. He said in 1989, water consumption was about 120 gallons per person, per day, and in July 1996 it was 100 gallons per person, per day, which is a 16% reduction. Mr. Martin asked about 1995's water consumption, and Mr. Dodson said he would provide that information. Responding to another question from Mr. Martin, Mr. Dodson said the municipal/industrial water usage is currently about 10,000 acre-feet per month. And in the past three months, the city has passed through about 592 acre-feet of water. Mr. Martin pointed out that about 11/2 times the amount of water used is being evaporated. Mr. Martin then asked when the next pass- through of fresh water was scheduled, and Mr. Dodson said that since the city had certain credits, it would take a significant event to cause the city to have to pass through any water in August. Mr. Heldenfels asked about credits received for effluent flows. Mr. Dodson explained that the city receives credit for 54,000 acre-feet a year of return flows outside of Nueces Bay, and 6,000 acre-feet per year of return flows inside of Nueces Bay, which is specific to the targets. He added that there is a difference between the permit face value of 151,000 acre-feet per year and the operating plan implementation of those requirements. Mr. Dodson said that any permitted discharge of municipal or industrial effluent all the way from Copano Bay to Baffin Bay is considered part of the total 54,000 acre-feet per year. Mayor Rhodes asked if trucks were allowed to go to Lake Corpus Christi and fill up with water. Mr. Hennings said they are not allowed to do that and staff is looking out for it. The Mayor then asked if people around the lake were allowed to get a permit to pump water from the lake. Mr. Dodson said they pay an annual fee and can pump water for use on their property adjacent to the lake. Mayor Rhodes suggested that the committee further study that issue. Mayor Rhodes made a motion to substitute the following motion for the motion on the agenda (Item 4.b.): "Motion expressing intention to adopt a similar motion at the next meeting concurring with implementation of remaining provisions of Condition II of the Drought Contingency Plan effective September 16, 1996." Mr. Heldenfels seconded the motion, and it passed unanimously (Best absent). Mr. Hennings said staff gave the Council a suggested amendment on Item 4.c., which would Minutes Regular Council Meeting August 13, 1996 Page 7 amend the proposed ordinance to provide that "the watering of trees, shrubbery, annual, biennial or perennial plants, vines, gardens, vegetables, and flowers...shall be done only on even number days for premises with an even number street address, and on odd number days for premises with an odd number street address or without a numbered address." Mr. Hennings said the committee's recommendation was to implement the provision that would allow that type of watering on Tuesdays, Thursdays, Saturdays, and Sundays. He said staff believes the even/odd day approach will help with the problem of low water pressure because it would divide water usage more evenly throughout the week. Mayor Rhodes asked how that would be monitored, and Mr. Hennings replied that it is primarily self -enforcement --most citizens will comply and those who do not are often reported by their neighbors. City Secretary Chapa said the motion would be to amend the ordinance (Item 4.c.), proposed subpart (i) on page 37 of the Council's agenda packet, which Mayor Rhodes read as follows: "The watering of trees, shrubbery, annual, biennial or perennial plants, vines, gardens, vegetables, and flowers with potable water may be permitted, at the minimum rate necessary for the maintenance of plants through the means of a hand-held hose equipped with a positive shutoff nozzle, a drip irrigation system, a root feeder equipped with an automatic shutoff device. a soaker hose. which does not spray water into the air and is equipped with an automatic shutoff device a hand-held bucket or watering can, or a sprinkler system, which is either attended throughout its use or is equipped with an automatic shutoff. When authorized, such watering shall be done only on even number days for premises with an even number street address. and on odd number days for premises with an odd number street address or without a numbered address. When such watering is authorized during the Daylight Savings Time period of the year it shall be permitted only between the hours of 6:00 a.m. and 9:00 a.m. and between the hours of 6:00 p.m. and 9:00 p.m." Mayor Rhodes asked how staff intended to notify residents of this change, and Mr. Hennings said staff can place a notice in customers' utility bills for next month, as well as through the news media. The Mayor then asked what the consequences were of violating the water restrictions. Mr. Hennings said that staff first informs people how they are violating the restrictions, and if they are persistent violators, a citation is issued. Mayor Rhodes said it was moved and seconded to amend Item 4.c. as presented, and it passed unanimously (Best absent). The Mayor then referred to Item 4.d., the appointment of the Water Allocation Committee. She said the recommended members were Tom Feeney, Ike Barrera, Thomas Henderson, and Arnold Gonzales (with alternates), as well as Mr. Crull, and Dr. Nina Sisley, Director of Public Health. Mayor Rhodes called for comments from the audience. Minutes Regular Council Meeting August 13, 1996 Page 8 Mr. John Hartley agreed that there were still many people who were not abiding by the restrictions. He noted that there have also been many water main breaks due to the drought and the type of pipe used. He also said that more needs to be done. City Secretary Chapa polled the Council for their votes as follows: 4.b. M96-239 Motion expressing intention to adopt a similar motion at the next meeting concurring with implementation of remaining provisions of Condition II of the Drought Contingency Plan effective September 16, 1996. The foregoing motion passed, as amended, by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. 4.c. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Article XII, Water Conservation, Sections 55-151 and 55-156, and the Water Conservation and Drought Contingency Plan regarding water conservation measures under Condition II; providing for penalties, severance, and publication. The foregoing ordinance passed on first reading, as amended, by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. 4.d. M96-240 Motion appointing the Water Allocation Review Committee, consisting of six members approved by the Council: the Director of Public Utilities, the Director of Public Health, and the following categories and appointees as follows: Primary Alternate Industry Tom Feeney (Oxy) Bill Behrendt (Oxy) (nominated by Board of Trade) Business Ike Barrera Gonzalo Sandoval (nominated by Alliance) Homemaker -Citizen Thomas Henderson Alice Vaughn (nominated by Council of Neighborhood Associations) Citizen Arnold Gonzales Leslie Leroy Minutes Regular Council Meeting August 13, 1996 Page 9 The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. 4.e. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 55, Utilities, Article XII, Water Conservation, Section 55-156, Water Conservation and Drought Contingency Plan; directing implementation of Phase 4 of the operations plan for the Lake Corpus Christi -Choke Canyon Reservoir Operating System; providing for severance, and publication. The foregoing ordinance passed on first reading by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. Mayor Rhodes thanked Mr. Naismith and the committee members for their efforts on this very important issue. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 5, proposed pipeline construction and financing. The Mayor read a motion to amend Sections 1 and 2 of agenda Item 5.b. (pages 45-46 in the packet) as follows: "Section 1 (a) The City of Corpus Christi would continue in its role as regional water supplier and day-to-day operator of the water supply system including the new pipelines and pump stations. It would continue to be responsible for collecting water revenues from all customers on an equitable basis and making debt payments. "Section 2 That the City Manager is authorized and directed to develop the necessary agreements with the Lavaca-Navidad River Authority, the Nueces River Authority, and the Port of Corpus Christi Authority to finance and construct the project, consideration by the City Council as soon as possible." Mayor Rhodes made a motion to accept that amendment, seconded by Council Member Heldenfels, and passed unanimously (Best absent). Mr. Jerry Kane, Co -Chairman of the Regional Water Supply Task Force, noted that a year ago the reservoir capacity was 50%; in early March 1996, when the task force first met, the capacity had fallen to 37.7%; today, it is 26%. Mr. Kane further described the membership of the task force, and pointed out that since the water shortage is a regional problem, the solution must be regional. Minutes Regular Council Meeting August 13, 1996 Page 10 He stated that the only large supplemental water supply that can be made available in a short period of time is from Lake Texana and the Garwood Irrigation Company. Mr. Kane said the 76,000 acre-feet per year is by far the most affordable, dependable, and permanent new water source available to this region. He commended the Council for acquiring the water rights and the water right options when it did. Mr. Kane said the entire task force strongly recommended that a pipeline system be built to deliver water from Lake Texana and Garwood as quickly as possible. He said that on August 9, 1996 the task force adopted a resolution recommending a multi -agency structure that combines the resources of the City of Corpus Christi, Nueces River Authority (NRA), Port of Corpus Christi Authority, Lavaca-Navidad River Authority (LNRA) and local water districts and departments. Mr. Kane explained that under the recommended joint venture, the city would continue its role as regional water supplier and day-to-day operator of the water system, including operation of a new pipeline and pump stations. He said the city has contracts to supply water on a wholesale basis to communities throughout the region and each of the communities will pay their share of the project cost. The LNRA, operating under the terms of its existing contract with the city, would be responsible for assisting in arranging a bond package to fund the project. The NRA has for the last 20 years been a partner in the development and operation of the regional water supply system; the NRA would join in issuing the bonds and would own the Texana- Garwood pipeline system. The NRA would also award all contracts and disperse bond proceeds to pay for the project. When the bonds are retired, the NRA would convey ownership to the city for the benefit of all Coastal Bend water users. Mr. Kane explained that the Port Authority would act as project manager for the design and construction of a system of pipelines and pump stations. In addition, it would coordinate planning, right-of-way acquisition, regulatory review, permitting, preparation of specifications, bidding, and construction management. The Regional Water Supply Task Force will evaluate cost -of -service issues and formulate a rate structure that will ensure that all customers pay their fair share. Mr. Kane said the task force's three objectives in drafting the proposed structure were: to get the water delivered before the region runs out; to maximize available resources and expertise; and to create an inclusive regional solution. He said some may question why the city or the Port do not issue the bonds. The reason is that the task force felt the Nueces River Authority best represented the regional customer base of the water supply system. Dr. McNichols, co-chairman of the Regional Water Supply Task Force, commented that the members made their recommendations after considerable investigation and diligent study He said the most important task the Corpus Christi City Council has at this time is to take the leadership role in ensuring that future water supplies are obtained before the current supply is depleted. Minutes Regular Council Meeting August 13, 1996 Page 11 Mayor Rhodes called for comments from the audience. Mr. Lewis Lovelace, 1549 Casa Grande, said that according to the U.S. Census Bureau, the petroleum industry is number 10 in providing jobs. He added that industry pays for water on a declining basis while homeowners, who use 22% of the water, pay on an increasing basis and are bearing all of the responsibility in the water conservation effort. He said rather than piping in water from another part of Texas, the city should use the combined cycle method. Mr. Leon Perez, 904 Buford, objected to the required water releases into Nueces Bay, and he criticized the predictions made about the depletion of the water supply. Mr. J.E. O'Brien, 4130 Pompano, noted that the City Charter's 6% rate cap has an escape clause whereby the Council can declare an emergency with a unanimous vote and override the cap. He said that water rates cannot be determined in the same way that gas rates are determined. Mr. O'Brien said that Council Member Martin's proposed charter amendment exempting debt service and pass-through costs was rejected by the voters. Mr. Neil Trollinger, 337 Stages Dr., questioned whether the legal opinion concerning the pass-through costs for water had been verified by any other legal sources. He criticized the use of declining block rates for water by industries. Mr. Kane said that a sub -committee of the Regional Water Supply Task Force is studying all viable additional supplies of water, and it is his wish that Corpus Christi in the future develop a desalination plant to supply the region's water. He discussed Israel's efforts to utilize desalination and its need to build a 500 -mile pipeline to supply its water. Mr. James Goldston, 210 Lorraine Dr., agreed that the region is in a crisis situation and he urged the Council to investigate the means to declare this area an emergency in order to expedite obtaining additional water. Mrs. Dorothy Spann, 502 Del Mar, said she shared Mr. Kane's desire for a desalination plant in Corpus Christi, and she said that the city was in a "war alert" with regard to obtaining additional water. She said she did not agree with the pass-through approach for financing the water supply, adding that she felt there was only 15 months left of usable water in the system. Mr. Joe Fulton, Chairman of the Port of Corpus Christi Authority, said the estimated cost of the pipeline is $132 million, and he agreed that the region is in a crisis situation. He said that on August 13, 1996 the Port Authority passed a resolution agreeing to be the project manager for the pipeline project. Mr. Nick Fratila said he was the president of the Nueces County Chapter of the Texas Society Minutes Regular Council Meeting August 13, 1996 Page 12 of Professional Engineers, and he offered their assistance on this project. Mr. Heldenfels said he agreed that the region needs additional water, but he disagreed with the method of obtaining it via the pipeline through LNRA. He expressed concern that it would take too long to obtain the necessary right-of-way to build the pipeline before water runs out. He added that he could not vote to build a pipeline because he did not think that was the solution. Mayor Rhodes said that anytime the Council needs to make a decision, it is incumbent upon them to seek the best advice possible. She said the Council has not given up its authority by appointing task forces to advise them --they are the only ones who ultimately determine the outcome of an issue. Mr. Heldenfels then asked why the city of Corpus Christi was not issuing the bonds, and the Mayor replied that this was not just a city-wide issue but rather a regional issue. Mr. Martin said the task force was assigned to investigate what would be the best source of water to cope with this crisis, as well as how to obtain it. He noted that it was the task force's recommendation to accelerate the previous long-term recommendation of piping in water from Lake Texana and Garwood. He said it was also the task force's recommendation that the fastest way to transport the water is through the proposed multi -agency structure. With regard to financing the project, Mr. Martin said he understood that the task force has commissioned a cost -of -service analysis, and when that data is returned they will make a recommendation to the Council. In response to Mr. O'Brien's comments, Mr. Martin said he felt the word "financing" should be taken out of the proposed resolution in the caption and in Section 1. Mr. Martin said he felt that if a financing method is developed, the declining block rate system will be eliminated. He said the staff's recommendation eliminates part of the declining block rates on the cost of the water but not on the cost of service. Mr. Kane asked if the word "bonding" could be substituted for the word "financing." Mr. Martin made a motion to substitute the word "development" for the words "financing and construction" in the caption and Section 1 of the proposed resolution; seconded by Mr. Heldenfels, and passed unanimously (Best absent). Mr. Martin said the Council also needed to have a discussion with City Attorney Bray regarding the pass-through concept, as well as a discussion about declining block rates as a philosophy and a financing tool. Council Member John Longoria asked if the Lavaca-Navidad River Authority was a board appointed by the governor, and Mr. Dodson said it was. Mr. Longoria said the Council's approval of the resolution causes some people to mistrust government under the belief that the Council is spending a great deal of money without approval by the voters. He asked staff to explain why it was not being brought to the voters. Minutes Regular Council Meeting August 13, 1996 Page 13 Mr. Dodson explained that the Council's role with regard to this issue is more in its capacity as a regional water supply board than as a City Council. And while the city does own the existing system, by contract with other customers in the region, Corpus Christi has a responsibility to develop additional water supplies. He added that those contracts provide that the other entities will pay their fair share of those additional supplies. Consequently, to hold an election within the city limits of the City of Corpus Christi would in effect disenfranchise all the other regional partners in the water projects. Mr. Longoria asked if the other water customers were aware of this proposal. Mr. Dodson said the cost -of -service subcommittee of the task force is composed of members of almost all of the regional water entities. Mr. Longoria referred to an attachment in the Council's packets of a possible rate structure, and he noted that the Council was not taking action on those rates at this time. Replying to a question from Mr. Longoria, Mr. Dodson said the City of Corpus Christi, by virtue of the contracts that it holds with the other entities, still has the deciding vote on the rate structure. Mr. Longoria stressed the importance of receiving accurate information in enough time to make an informed decision about this critical issue. Dr. McNichols said staff was probably instructed to put together a package with a suggested financing mechanism, and he cautioned the media not to place too much importance on the financing package since much more work needed to be done on it. He said what is clear is that the region is running out of water, and the pipeline is the only way to obtain additional water in the time frame that the region has left. He said the Council is determined to approve a financing method that is fair to all, with the understanding that everyone will have to share in the water's cost. Mr. Heldenfels asked if there were any Texas cases which address the question about the 6% cap, and Mr. Bray said he did not think there was another charter provision in the United States that is similar to Corpus Christi's charter provision. Mr. Heldenfels reiterated that he is not against obtaining more water but is against this proposal. City Secretary Chapa polled the Council for their votes as follows: 5.b. RESOLUTION NO. 022654 Resolution approving in concept a structure for the development of a water supply system to deliver water from Lake Texana and the Garwood Irrigation Company to the O.N. Stevens Water Treatment Plant in Corpus Christi. The foregoing resolution passed, as amended, by the following vote: Rhodes, Black, Cooper, B. Longoria, J. Longoria, and McNichols voting "Aye"; Heldenfels voting "No"; Best and Martin absent. Minutes Regular Council Meeting August 13, 1996 Page 14 Mayor Rhodes stated that many more difficult decisions would be made in the future, and she encouraged the Council to be tenacious in their efforts to find a solution. She acknowledged that while the water issue may be controversial, the public overall does understand when someone is doing what they think is in the public's best interest. * * * * * * * * * * * * * Mayor Rhodes called for a five-minute recess. * * * * * * * * * * * * * Council Member Martin said he had not intended to be absent during the vote on Item 5 concerning the development of a water supply system. He said he would have voted for that issue if he had been present, and he will continue to support it in the future. Mayor Rhodes opened the public hearing on Item 6, bars versus restaurants distinctions. Mr. Brandol Harvey, Director of Planning and Development, said the Council and citizens have expressed concern about the types of establishments that have been allowed to operate in the "B-1" Neighborhood Business District zoning classification. In the city's zoning ordinance, a restaurant is allowed in "B-1" but a bar is not allowed. However, problems have arisen with regard to the definition and enforcement of bars and restaurants. The ordinance that was adopted in 1984 which created the definitions for bars and restaurants states that any business that sells food (even if it sells alcohol) is defined as a restaurant and is allowed in `B-1." Mr. Harvey then gave a detailed presentation concerning the issues related to bars and restaurants in `B-1." He said the primary item before the Council was to change the zoning ordinance's definition of bars and restaurants, but its net effect is to only change how the Neighborhood Business District will allow uses. He explained that the purpose of the Neighborhood Business District is to provide retail and personal services, and any manufacturing and warehousing uses are not allowed. He said `B-1" is intended to serve the needs of the adjacent residents, who are the primary customers. He said that typically, `B-1" zoning is located on a residential collector street or, in some cases, on a residential street. In other cases, since that zoning classification is spread throughout the city, there is "B-1" zoning on arterials, and a number of uses have tried to locate on the arterials to take advantage of that exposure, which has enhanced the problem of `B-1" zoning. Mr. Harvey also discussed how alcohol sales affect businesses, pointing out that the higher the ratio of alcohol sales compared to food sales in a food establishment, the larger the establishment, the later the hours of operation, and the more noise and traffic that is generated. He Minutes Regular Council Meeting August 13, 1996 Page 15 noted that a business could sell 99% alcohol and 1% or less food and still be classified as a restaurant under the current ordinance. He went on to explain that in 1987 the state law regarding local ordinances controlling restaurants and bars changed --in essence it said that bars and restaurants must be treated equally unless the business which sells alcohol derives more than 75% of its income from alcohol sales. If the alcohol sales are 75% or less, cities cannot make a distinction between bars and restaurants. Mr. Harvey said another issue regarding how compatible a business is with the Neighborhood Business District is size, whether the business sells alcohol or not. He referred to charts illustrating sizes of "B-1" businesses selling food and/or alcohol, and discussed the proposal to limit the size of "B-1" businesses to a maximum of 4,500 square feet. He also discussed the number of existing businesses which would become nonconforming if the proposal is adopted, as well as other possible restrictions. Council Member Heldenfels said he did not see the need for a size restriction. Mr. Harvey reiterated that the Neighborhood Business District by definition is meant to be for businesses that relate to and serve the adjacent residences. He said that what sometimes occurs is a business' popularity continues to grow to a point that it is serving a larger market area and is no longer compatible with the adjacent residences. With regard to the proposed size limitation, Mr. Heldenfels asked about Kiko's Restaurant on Everhart Road. Mr. Harvey said that if all of the recommendations were considered, concerns about Kiko's would be addressed since it is located on an arterial that has several other large businesses. Council Member Black said there is a need for these types of restrictions, which she said should be studied further. Responding to a question from Mr. Martin, Mr. Bray said that according to state law, the city cannot impose stricter standards on alcoholic beverage businesses than they do on similar premises. In addition, it says that this does not affect the Council's authority to regulate the location of a business that derives 75% or more of its gross revenue from on -premise sale of alcoholic beverages. Mr. Martin commended Mr. Harvey on the proposal. He suggested that the Council not approve the 4,500 square foot restriction at this time, while allowing for the possibility of bringing it back in the future after further study. Mr. Martin then made a motion to delete the proposed 4,500 square foot restriction pending further study, seconded by Mr. Heldenfels, and passed unanimously (Best and J. Longoria absent). Minutes Regular Council Meeting August 13, 1996 Page 16 Mayor Rhodes called for comments from the audience. Mrs. Dorothy Spann, 502 Del Mar, said there was a business in her neighborhood that continues to be expanded which the neighbors thought would be regulated through previous amendments to the zoning ordinance; however, that has not been the case. Mayor Rhodes asked Mrs. Spann to visit with her about that business. Mr. Heldenfels said he was familiar with that business, and asked Mr. Bray how the business has continued to operate. Mr. Bray replied that it was his understanding that the business was "grandfathered" because it began operation before the ordinance and the state law were passed. Council Member Betty Jean Longoria made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously (Best absent). City Secretary Chapa polled the Council for their votes as follows: 6. FIRST READING ORDINANCF Amending the Zoning Ordinance, by amending Article 3, Definitions, by amending the definitions for "taverns, lounges or bars," "restaurants with alcoholic beverages," and "restaurants without alcoholic beverages"; providing for severance; providing for publication. The foregoing ordinance passed on first reading, as amended, by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. Mayor Rhodes opened the public hearing on the following zoning case: 7. Case No. 696-5. Jackson S. Ryan: A change of zoning from an "R -1B" One -family Dwelling District and `B-4" General Business District to an "A-2" Apartment House District on Flour Bluff and Encinal Farm and Garden Tracts, Section 11, being 15.0 acres out of Lots 1 and 2, located along the south side of Saratoga Boulevard, approximately 800 feet east of South Staples Street. Mayor Rhodes said the Planning Commission and staff recommended approval. No one appeared in opposition to the zoning request. Council Member Heldenfels stated that he was abstaining from discussing and voting on this Minutes Regular Council Meeting August 13, 1996 Page 17 zoning case because he has had past business dealings with the applicant. Council Member Cooper made a motion to close the public hearing, seconded by Council Member McNichols, and passed unanimously (Best absent). City Secretary Chapa polled the Council for their votes as follows: 7. ORDINANCE NO. 022655 Amending the Zoning Ordinance upon application by Jackson S. Ryan, by changing the Zoning Map in reference to Flour Bluff and Encinal Farm and Garden Tracts, Section 11, being 15.0 acres out of Lots 1 and 2, from "R -1B" One -family Dwelling District and "B-4" General Business District to "A-2" Apartment House District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels abstaining; Best absent. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 8. Case No. 796-6. L & B. Development Ine.: A change of zoning from an "A-2" Apartment House District to an "R -1B" One -family Dwelling District on Flour Bluff and Encinal Farm and Garden Tracts, Section 11, begin 8.403 acres out of Lots 25 and 26, located along the west side of Cimarron Boulevard, approximately 800 feet north of Lipes Boulevard. Mayor Rhodes said the Planning Commission and staff recommended approval. No one appeared in opposition to the zoning request. Council Member Betty Jean Longoria made a motion to close the public hearing, seconded by Council Member McNichols, and passed unanimously (Best absent). City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022656 Amending the Zoning Ordinance upon application by L & B Development, Inc., by changing the Zoning Map in reference to Flour Bluff and Encinal Farm and Garden Tracts, Section 11, being 8.403 acres out of Lots 25 and 26, from "A-2" Apartment House District to "R -1B" One -family Dwelling District; providing for publication. Minutes Regular Council Meeting August 13, 1996 Page 18 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. Council Member Martin asked if either of the previous zoning cases (involving development of an apartment complex and a single-family subdivision) would be allowed to begin construction if the city was in Condition III of the drought contingency plan. Mr. Crull replied that they would probably be allowed to begin but they would have to construct using effluent; under Condition IV, new connections to the system are not allowed. A brief discussion ensued, and Mr. Martin reiterated the drastic effect on a variety of jobs that will occur when Condition III is fully implemented. * * * * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 9 through 24, and Council Members requested that Items 15 and 23 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 9. M96-241 Motion approving a supply agreement with the following companies for the following amounts for 2,371 cold water displacement type and turbine type water meters in accordance with Bid Invitation No. BI -0141-96 based on low bid for a total estimated annual expenditure of $113,250. The term of the contracts will be for twelve months with options to extend for up to two additional twelve month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Water Department for FY 96-97. Schlumberger Industries Dallas. Texas Items 1.1 and 1.3 $53,550.00 ABB Kent Meters, Inc. Ocala. Florida Items 1.4, 1.5, 2.1 - 2.6 $43,200.00 Grand Total: $113,250.00 Badger Meter, Inc. Milwaukee. WI Item 1.2 $16,500.00 The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. Minutes Regular Council Meeting August 13, 1996 Page 19 10. M96-247 Motion approving a supply agreement for approximately 1, 130 elastic back support belts with Alamo Iron Works, Corpus Christi, Texas, in accordance with Bid Invitation No. BI - 0256 -96, based on the low bid of $26,272.50. The term of this 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. These support belts will be worn by appropriate city employees in the performance of their jobs. Funds have been budgeted by the using departments for FY 96-97. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. 11. M96-243 Motion approving a supply agreement for approximately 1,255 service saddles, ranging in size from 3/4" - 12" with International Supply, Corpus Christi, Texas, based on low bid for an estimated annual expenditure of $19,271.87. The term of the agreement 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. These items will be used in the City water line system. Funds are included in the FY 96-97 Budget by the Water Department. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. 12. M96-244 Motion approving a supply agreement for serial publication services, consisting of 560 magazine, newspaper and trade journal subscriptions, in accordance with Bid Invitation No. BI -0265-96 with Popular Subscription Service, Terre Haute, Indiana, based on low bid for an estimated annual expenditure of $28,283.60. 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 Corpus Christi Public Library and the South Texas Library System in FY 96-97. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. Minutes Regular Council Meeting August 13, 1996 Page 20 13. M96-245 Motion approving the purchase of a microfilm reader/printer in accordance with Bid Invitation No. BI -0268-96 from Office Communications System, San Antonio, based on low bid of $18,543.00. The reader/printer is budgeted by Engineering Services Department in the 1996-97 Capital Outlay as replacement. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. 14. M96-246 Motion authorizing the appointment of an ad hoc art selection panel to the Municipal Arts Commission for the purpose of selecting art work for two memorials for Selena Quintanilla- Perez. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. 16. M96-248 Motion approving the application from the Food Bank of Corpus Christi, to close the following street sections for the Bob Marley Festival August 31 - September 1, 1996: 1. Northbound Shoreline Boulevard (inside lane and parking lane), between Resaca Street and Palo Alto Street, August 28 - 31 and September 2 - 3, 1996. 2. Northbound and Southbound Shoreline Boulevard, (full street closing), between Resaca Street and Palo Street, August 31 - September 1, 1996. 3. Fitzgerald Street (north and south parking lanes only), between Water Street and Shoreline Boulevard, August 28 - 31 and September 2 - 3, 1996. 4. Fitzgerald Street (full street closing), between Water Street and Shoreline Boulevard, August 31 - September 1, 1996. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. 17. M96-249 Motion approving the application from Bayfest, Inc. to close the following street sections for the Bayfest '96 Festival September 20 - 22, 1996: Minutes Regular Council Meeting August 13, 1996 Page 21 1. Northbound Shoreline Boulevard (inside lane and parking lane), between westbound Interstate 37 and Hughes Street, from Wednesday, September 11 through Wednesday, September 25, 1996. 2. Southbound Shoreline Boulevard (full closure), between westbound Interstate 37 and Hughes Street, from Wednesday, September 11 though Wednesday, September 25, 1996. 3. Northbound Shoreline Boulevard, (full closure), between westbound Interstate 37 and Hughes Street, from Friday, September 20 through Monday, September 23, 1996. 4. North Water Street, (full closure), between Fitzgerald Street and Hughes Street, from Friday, September 20 through Monday, September 23, 1996. 5. Belden Street, (full closure), Power Street, Palo Alto Street, Fitzgerald Street, and Hughes Street, each between Water Street and N. Shoreline Boulevard, from Friday, September 20 through Monday, September 23, 1996. 6. Resaca Street (full closure), between Water Street and Shoreline Boulevard from Friday, September 20 through Monday, September 23, 1996. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. 18. M96-250 Motion authorizing the City Manager to execute an agreement with TRI -STAR Development Company, William B. Pruett, Jr., President, in an amount of $105,485.33 to defer construction of related street and drainage improvements required for San Marin, Block 1, Lots 1 and 2, per the final plat approved July 9, 1996. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels abstaining; Best absent. 19. M96-251 Motion authorizing the City Manager or his designee to submit the FY 96 Weed & Seed Supplemental Grant Application for $90,000 to the U.S. Department of Justice. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. 20. M96-252 Motion scheduling September 10, 1996 for adoption of the ad valorem tax rate of 0.623726 Minutes Regular Council Meeting August 13, 1996 Page 22 and scheduling a public hearing on the ad valorem tax rate for August 27, 1996 during the regular City Council meeting beginning at 2:00 p.m. at City Hall, 1201 Leopard, Corpus Christi, Texas. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No"; Best absent. 21.a. M96-753. Motion authorizing the City Manager or his designee to accept a grant in the amount of $49,433 from the State of Texas, Office of the Governor, Criminal Justice Division for the continued operation of the Crime Analysis Unit and to execute all related documents. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. 21.b. ORDINANCE NO. 022657 Ordinance appropriating $49,433 from the State of Texas, Office of the Governor, Criminal Justice Division for the continued operation of the Crime Analysis Unit in No. 162 State and Federal Grant funds. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. 22. ORDINANCE NO. 022658 Ordinance closing and abandoning a 4,558 -square foot portion of a 15 -foot wide utility easement in Lot 1, Block 2A, Ocean View Addition; subject to compliance with the specified conditions; not a guarantee of future council actions to approve rezoning or alley closure. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. 24. ORDINANCE NO. 022659 Authorizing the City Manager to execute an Industrial District Agreement substantially in accordance with Ordinance No. 022360 with Berry Group Limited by Berry Contracting Inc. - General Partner, Landowner, and Qualitech Steel Corporation - Improvements Owner and Minutes Regular Council Meeting August 13, 1996 Page 23 Lessee and to file the agreement in the official records of Nueces County, Texas. The foregoing ordinance passed on second reading by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. Mayor Rhodes recognized three people who were present for Item 19, Weed and Seed supplemental grant application: Ms. Janice Ellington, Assistant U.S. Attorney for the Southern District of Texas; Mr. George Hodge, Seed Coordinator for the city's Weed and Seed Program; and Ms. Fela Leal, Administration Liaison for the Weed and Seed Program. The Mayor thanked Ms. Ellington for all of her support of Corpus Christi's program. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 15, chemical monitoring system project. Responding to a question from the Mayor, Mr. Crull said the funding for the construction of this project is in the FY 96-97 capital budget, which would require a bond sale; however, staff may be able to advance construction dollars from the reserves if the timing of the bond sale does not coincide. He noted that staff is very interested in this project and would try to expedite it. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 15. M96-247 Motion awarding a contract for engineering services for the O.N. Stevens Water Treatment Plant -Chemical Monitoring System Project in the amount of $65,000 to BHP Engineering and Construction Inc. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 23, amendments to the Compensation and Classification Plan. Council Member Martin requested a definition of "police managerial" personnel. Ms. Cynthia Garcia, Director of Human Resources, replied that it includes personnel who are paid under the managerial pay plan: captains, commanders, the assistant chief, and the chief of police. Minutes Regular Council Meeting August 13, 1996 Page 24 Mr. Martin said that having the salary of the top command officers of the police department determined by collective bargaining makes them an advocate for a strong, successful collective bargaining outcome, and is inconsistent with previous practices of which he is aware. Mr. Martin noted that life insurance for police and fire managerial positions is also dictated by the union contracts, not by the managerial plan for the rest of the city employees. Ms. Garcia explained that the city used to give police managerial $50,000 worth of life insurance, which was the same as the rest of the managerial group. Under the contract, police officers received $3,000 worth of life insurance. The city then negotiated that all police officers would receive either one time their salary or $50,000 worth of life insurance, whichever was greater. Mr. Martin asked what the definition is for the bargaining unit, and Ms. Garcia said it consists of every police officer except the chief of police. She added that the contract states that the city will establish the salary levels in the managerial pay plan; however, what has happened is if the city does not adjust their ranges by at least the amount that the other officers receive, compression and problems with the ranges result. Mr. Martin said compression has never occurred, and Ms. Garcia said it has not because the managerial pay ranges have been adjusted. Mr. Martin criticized the proposal and said that the police chief's salary range had not previously been considered as part of collective bargaining. Ms. Garcia said the chief has been included beginning about four years ago. Mr. Martin said that historically the chief had been treated as part of the managerial group in the same way as other city department heads, and he should be considered that way again. Mr. Crull said staff could postpone this item until the next Council meeting, which would probably be in two weeks. Mr. Martin pointed out that the proposal calls for a roll -back to July 24, 1995. He said the city should have given those employees a raise consistent with the city's budget calendar. Council Member Black said she agreed with Mr. Martin that this proposal should be changed. She then asked if the fire chief was included, and Ms. Garcia said he was not. Council Member Heldenfels questioned how the police chief's pay could be tied to action taken during the collective bargaining process if he is not a member of the collective bargaining unit. Ms. Garcia replied that the problem was that the managerial group was not receiving some raises a few years ago, and their ranges were not being affected while the bargaining unit's ranges were. Mr. Heldenfels said that a dichotomy exists because some police personnel are members of both the city's managerial group and the collective bargaining unit. Ms. Garcia said that state law provides that the assistant chief and below are part of the bargaining unit, to which Mr. Heldenfels said they should be taken out of the managerial group. Mayor Rhodes said this item would be tabled for two weeks. Minutes Regular Council Meeting August 13, 1996 Page 25 23. POSTPONED Ordinance amending O.dhra..c., N. 3658, a. an.en&d, Snbseetiei.s 251 through 257, foi approximate adjust.tt P»1 c. Mana6e.:a1 salary ranges of 2% cff.,ctiNc July 24, Bargaining Agree,..et.t for nori ma..agaial p rs.,nncl. Amei.d;..g Ordinaue, No. 3658, * * * * * * * * * * * * * Mayor Rhodes announced that the closed session, pursuant to Texas Government Code Section 551.074 regarding new City Manager selection, would not be held this week. * * * * * * * * * * * * * Mayor Rhodes called for the City Manager's report. Mr. Crull (sitting in for Mr. Hennings) said that last Friday the Council was provided with the proposed FY 96-97 capital budget, and discussion is tentatively scheduled for September 17, 1996, although discussion about the water pipeline may delay that discussion. He said the Texas Natural Resource Conservation Commission meeting regarding the permit to transfer water was being changed from September 4 to September 11, and more details will follow. Mr. Crull said that items scheduled for the August 27 Council meeting include a public hearing on the proposed tax rate increase, a discussion of the drainage utility, and an update on the Gateway Project and the new federal courthouse. He noted that the August 20 Council meeting had originally been planned as a lengthy closed session to discuss city manager candidates, but that closed session would not be held yet; therefore, there were only a few consent items scheduled for that meeting. Mayor Rhodes said Mr. Hennings had indicated that the Council may wish to consider not holding a meeting on August 20 for the reasons that Mr. Crull mentioned. Mr. Martin asked if a workshop could be held August 20 on the financing of the pipeline, and Mr. Crull said staff could prepare a presentation. Mr. Martin emphasized the need to discuss this item without being under pressure to vote on it at that time. Mayor Rhodes said she did not want staff to have to make a presentation before they are ready. Minutes Regular Council Meeting August 13, 1996 Page 26 Following a brief discussion, the Council concurred that the August 20 Council meeting would be canceled and the discussion about financing the water supply would be held on August 27. Mayor Rhodes pointed out that she would not be able to attend the TNRCC meeting on September 11, and Dr. McNichols said he would attend the TNRCC meeting in Austin. Mayor Rhodes called for Council concerns and reports. Council Member Martin asked about the planned discussion on August 27 of the drainage utility, and Mr. Crull said staff could postpone that item. Mr. Martin also expressed concern about recent actions at the Water Department, and he asked for a report. Council Member John Longoria agreed with Mr. Martin that the water issue was very sensitive at this time and more cooperation was needed. Mr. Longoria also asked about a memo from Dr. Nina Sisley concerning trapping coyotes on Padre Island. Mr. Crull said the trapping is done by a state agency, and the city's Animal Control Advisory Committee is recommending that that agency use more humane traps. Mr. Longoria said he did not think that leg traps should be allowed, and he requested more information. Mr. Longoria said that there was grass on McGee Beach by the Holiday Inn Emerald Beach, and he did not think grass should be there. Council Member Heldenfels asked about the process of amending the Ethics Code. City Attorney Bray said the Council could amend the code by ordinance. Mr. Heldenfels said he raised the question because of a situation involving former city manager Juan Garza. He said Section 21 of the Ethics Code could be used against Mr. Garza because it is very broad. Mr. Heldenfels asked if he could propose an amendment during the day's Council meeting, and Mayor Rhodes said he could not, but he could request that it be placed on the agenda for discussion at another Council meeting. Mr. Bray quoted Section 21 of the Ethics Code as follows: "As an employee, you shall not, within 12 months after leaving city employment, represent any other person or organization in any formal or informal appearance with the City Council or any other agency or employee of the city concerning a project for which you had responsibility as an employee." Mr. Heldenfels said he was concerned that Section 21 was so broad that an ex -city manager could be charged with a violation of the Ethics Code. He said the City of San Antonio had a provision in their Ethics Code which was more restrictive. Mr. Bray said staff would obtain a copy of San Antonio's Ethics Code. Council Member Black said she was pleased that a divider was being placed on Harbor Bridge to deter rock -throwing. She said she would also like the new graduates from the Police Academy to be introduced to the Council. Mrs. Black commended the artists who are painting the mural on Corpus Christi Beach. Minutes Regular Council Meeting August 13, 1996 Page 27 Responding to a question from Mrs. Black concerning bid responses, Mr. Crull said that sometimes bid responses are low for a variety of reasons, including the fact that a company may no longer be interested in providing that service or piece of equipment; or they may not have time in their schedule (in the case of a construction contract). * * * * * * * * * * * * * Mayor Rhodes called for petitions from the audience. Mr. David Silva, 1425 Sue Lane, complained about the bad smell of the city's water. Mr. Crull explained that the city changed the treatment process from using free chlorine to monochloramine, and it should take about two to three days to work through the water system. Mayor Rhodes reiterated that the water is safe to drink. Mr. Silva also complained about trash not being picked up in his neighborhood. Mr. Crull explained that Sue Lane is located in one of the housing projects, and it is his understanding that all of the trash collection within the Housing Authority projects is performed by the Housing Authority. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 6:25 p.m. on August 13, 1996. ********** * **