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HomeMy WebLinkAboutMinutes City Council - 06/08/1999I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Council Meeting of the City of Corpus Christi of June 8, 1999, which were approved by the City Council on June 15, 1999. WITNESSETH MY HAND AND SEAL, this 15th day of June, 1999. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 8, 1999 12:32 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Henry Garrett Council Members: Javier D. Colmenero Melody Cooper* Dr. Arnold Gonzales* Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott City Staff: City Manager David R. Garcia City Attorney James R. Bray Jr. City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. 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. The Mayor then announced the closed session, pursuant to Texas Government Code Section 551.071, regarding the City of Corpus Christi v. Manhattan Construction Company et al, No. 94- 6459-A, 28`h District Court, Nueces County, Texas. The Council went into closed session. (*Council Members Cooper and Gonzales arrived during the closed session.) ************* The Council reconvened in open session at 2:08 p.m. City Secretary Chapa again called the roll and verified that a quorum was present. The invocation was delivered by Rev. E.F. Bennett (retired), following which the Pledge of Allegiance to the flag of the United States was led by Council Member Gonzales Mayor Neal called for approval of the minutes of the joint and regular Council meetings of May 25, 1999. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: Minutes Regular Council Meeting June 8, 1999 Page 2 Coastal Bend Health Facilities Development Corporation Dr. Richard Davis Food Services Advisory Committee William Schroeder Senior Community Services Adv. Committee K.G. Coley Viola Van Houten Transportation Advisory Committee Shelley Krumnow Senior Companion Program Advisory Committee Margaret Fields Mayor Neal called for petitions from the audience. Mr. Gene Pasahow, 4018 Kingston, thanked the following people for assisting him in a variety of ways: Council Members Melody Cooper, Betty Jean Longoria, and Rex Kinnison, and city staff members Dan Whitworth, Marina Hefley, Elizabeth Cruz, and Isabel Ramirez. Mr. Steve Morales, 4101 Brett, asked the Council to rescind their endorsement of the Nueces County bond election, which he said is being promoted untruthfully. He said County Judge Richard Borchard controls the Port of Corpus Christi Authority, the city of Robstown, and the Nueces County Commissioners Court. Referring to information distributed by Mr. Morales, Mayor Neal said the Council is in the process of addressing almost every one of the city's needs that were listed. Mr. J.E. O'Brien, 4130 Pompano, commented on the discussion the Council had during their May 25, 1999 meeting concerning privatization of some of the city's services. He said he is not against privatization and he agrees with the City Manager that it is a very complex issue. He said privatization should be examined but not in a rushed manner. Mayor Neal noted that the Council asked the City Manager and staff to provide a presentation on the issue on July 20th. Ms. Kay Noyes, 930 Coral, said she was appearing on behalf of her neighbor, who raised questions about bonds and drinking water quality, among other issues. Ms. Noyes said she is still advocating a push-button crosswalk at Everhart and Schanen, and she discussed using local talent, such as young artists to design the city seal. Mr. R.F. Hasker, 1813 Wallace, discussed the upcoming county bond election. He said the finances for the Robstown Showbarn are a disaster. He said money is already in place to raise the JFK Causeway. With regard to the dredging of Packery Channel, he said no one is holding a permit to do that work. Mr. Hasker read from information concerning the Army Corps of Engineers' comments on Packery Channel. He emphasized that the washout at J.P. Luby Park is not Packery Channel. Mayor Neal and Council Member Scott pointed out that there is an additional part of the article about Packery Channel that Mr. Hasker did not mention. Minutes Regular Council Meeting June 8, 1999 Page 3 Mr. Leon Perez, 904 Buford, also discussed the county's bonds, saying that the Council has succeeded in splitting the issue. He said years ago he had complained about the way the JFK Causeway was built, and he added that minorities are not getting large contracts. Mr. Abel Alonzo, 1701 Thames, said he puts the community first and he has disagreed and praised the Council at different times. He said he was very angry when Council Member John Longoria was accused of certain things and then he denied them. Mr. Alonzo thanked Mayor Neal for calling him to his office and letting him express his frustration. Mr. Alonzo also said he was able to meet with Mr. Longoria and tell him that he was not after his resignation but rather that he wanted Mr. Longoria to work with the people in his district, regardless of who had opposed him. Mr. Tony Hartwell, 1717 Eighth St., said there are city department heads who are making their own policies regarding disability insurance and limited duty for employees. He said he is owed two years of disability payments that he has yet to collect. He added that as a city employee, he did not understand why he should have to apply for city positions. City Manager Garcia said staff is very familiar with Mr. Hartwell's case, who worked for the city for approximately six weeks before he went on disability with carpal tunnel syndrome and has been on disability for the last two years. He said Mr. Hartwell has basically exhausted all his benefits. ************* Mayor Neal called for consideration of consent items from previous meetings on Items 3-14. Council members requested that Item 10 be withheld for discussion. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M99-159 Motion authorizing the City Manager or his designee to execute a contract in the amount of $107,800 with Allison Corporation dba Allison Carpets and Garage Doors for carpet replacement at the Selena Auditorium. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 4. M99-160 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $129,351.30 with Garrett Construction of Ingleside, TX for the O.N. Stevens Water Treatment Plant presedimentation basin road paving project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes Regular Council Meeting June 8, 1999 Page 4 5. M99-161 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $90,269.82 with Waychoff Construction of Corpus Christi, TX for the O.N. Stevens Water Treatment Plant site access modifications project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 6. M99-162 Motion authorizing the City Manager or his designee to execute a construction contract with Jhabores Construction Co. in the amount of $487,535 for the Everhart -Staples Lift Station 24" force main replacement project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 7. M99-163 Motion authorizing the appointment of an ad hoc peer panel to the Arts & Cultural Commission, consisting of arts specialists, to review applications for the FY 1999-00 Performing Arts Subgrant Program. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 8. M99-164 Motion authorizing the City Manager or his designee to execute a maintenance agreement with The Trane Company in the amount of $25,278, for the Aviation Department's two 450 ton absorption chillers. The term of the agreement is for one year with a renewal option for two additional one year periods. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 9. M99-165 Motion authorizing the City Manager or his designee to execute an agreement with Ron Quant dba Quantum Link Consulting in an amount not to exceed $37,500 to provide post - implementation programming services in respect to the PeopleSoft payroll system. Minutes Regular Council Meeting June 8, 1999 Page 5 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 11. M99-169 Motion authorizing the City Manager or his designee to submit an application and to execute all documents necessary for an Office of Juvenile Justice and Delinquency Prevention grant for a Safe Start demonstration project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 12. ORDINANCE NO. 023663 Ordinance authorizing the City Manager or his designee to execute a participation agreement with Texas Fuel and Asphalt Company Inc., developer of Heather Ridge Estates Subdivision, for payment in an amount not to exceed $17,509.80 for public street improvements on River Trail Drive in accordance with the Platting Ordinance. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 13.a. M99-170 Motion approving the reimbursement application in the amount of $4,385.46 submitted by Braselton Land Ventures Inc., developer of Lot 7, Block 1, Crystal Park Subdivision, for the installation of 162 linear feet of an off-site 8 -inch PVC sanitary sewer collection line. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 13.b. ORDINANCE NO. 023664 Ordinance appropriating $4,385.46 in the Sanitary Sewer Collection Line Trust Fund No. 4220 to pay Braselton Land Ventures Inc.'s reimbursement request for the installation of 162 linear feet of an off-site 8 -inch PVC sanitary sewer collection line to develop Lot 7, Block 1 of Crystal Park Subdivision. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes Regular Council Meeting June 8, 1999 Page 6 14. ORDINANCE NO. 023665 Amending the Corpus Christi Code of Ordinances, Chapter 35, Oil & Gas Wells, Section 35- 88, Seismic Surveys, to include Council review of permit; providing for an effective date. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussed on Item 10, youth and multicultural grants. With regard to Item 10.g., Council Member Garrett asked about the hours of operation of the teen recreation programs. City Manager Garcia said staff will provide that information. City Secretary Chapa polled the Council for their votes as follows: 10.a. M99-166 Motion authorizing the City Manager or his designee to accept a grant in the amount of $15,371 and to execute contracts and all related documents from the Coastal Bend Workforce Development Board to fund a youth program to paint murals on downtown traffic control boxes. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10.b. ORDINANCE NO. 023658 Ordinance appropriating $15,371 from the Coastal Bend Workforce Development Board in the No. 1050 Federal/State Grants Fund for youth and community services groups to paint murals on downtown traffic control boxes. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10.c. M99-167 Motion authorizing the City Manager or his designee to accept a grant in the amount of $13,572 and to execute contracts and all related documents from the Coastal Bend Workforce Development Board to hire five instructors and five aides to coordinate youth development of a yearbook and to assist coaches in the summer recreation program. Minutes Regular Council Meeting June 8, 1999 Page 7 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10.d. ORDINANCE NO. 023659 Ordinance appropriating $13,572 from the Coastal Bend Workforce Development in the No. 1050 Federal/State Grants Fund to hire five instructors and five aides to coordinate youth from Workforce Development to develop a yearbook and to assist coaches. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10.e. M99-168 Motion authorizing the City Manager or his designee to accept a grant in the amount of $1,046 and to execute contracts and all related documents from the Texas Commission on the Arts for funding the production of the 1999 multi -cultural performance series held in Heritage Park. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10.f. ORDINANCE NO. 023660 Ordinance appropriating $1,046 from the Texas Commission on the Arts in the No. 1050 Federal/State Grants Fund for a Multicultural Performing Arts Series. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10.g. RESOLUTION NO. 023661 Resolution authorizing the City Manager or his designee to execute an interlocal governmental agreement with Martin Middle School and Cunningham Middle School to provide teen recreation programs. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes Regular Council Meeting June 8, 1999 Page 8 10.h. ORDINANCE NO. 023662 Ordinance appropriating $16,780 in the No. 1020 General Fund from the Corpus Christi Independent School District on behalf of Martin and Cunningham Middle Schools to the City as subrecipient of a Communities And Kids Experiencing Success (CAKES) grant to provide teen recreation programs at two middle schools. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 15. Case No. 499-3, CHRISTUS Spohn Health System Corporation: A change of zoning from "AB" Professional Office District to `B-4" General Business District on Ocean View Addition, Block VIII, Lots 13, 14, and 15, located on the northeast comer of Booty and Fifth Streets. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-4" District, and in lieu thereof, approval of a "B-1" Neighborhood Business District. No one appeared in opposition to the zoning change. Council Member Gonzales made a motion to close the public hearing, seconded by Council Member Scott, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 023666 Amending the Zoning Ordinance upon application by CHRISTUS Spohn Health System Corporation, by changing the zoning map in reference to Lots 13, 14, and 15, Block VIII, Ocean View Addition, from "AB" Professional Business District to "B-1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: Minutes Regular Council Meeting June 8, 1999 Page 9 16. Case No. C499-4. City of Corpus Christi Landmark Commission: A change of zoning from an "A-2" Apartment House District to an "A-2" Apartment House District with an overlay of "HC -IIP' Historical -Cultural Landmark Preservation on Jones Addition, Block 3, Lot 10 and adjacent alley, located on the south side of Mestina Street, approximately 100 feet east of Crosstown Expressway. City Secretary Chapa said the Planning Commission and staff recommended approval of the "A-2" Apartment House District with an overlay of "HC -IIP" Historical -Cultural Landmark Preservation. No one appeared in opposition to the zoning change. Council Member Betty Jean Longoria made a motion to close the public hearing, seconded by Council Member Scott, and passed. Responding to Council Member Colmenero, Mr. Michael Gunning, Acting Director of Planning and Development, said the owner has indicated that they may possibly offer the property for a non-profit use in the future; at this time they wish to restore the home and reside in it themselves. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 023667 Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the zoning map in reference to Lot 10, Block 3, Jones Addition, and adjacent alley, from "A- 2" Apartment House District to "A-2" Apartment House District with an overlay of "HC -IIP' Historical -Cultural Landmark Preservation; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 17. Case No. 499-6, George Mostaghase: A change of zoning from "A -1A" Apartment House District and "B-1" Neighborhood Business District to an "R -1B" One -family Dwelling District on Flour Bluff and Encinal Farm and Garden Tracts, being 11.39 acres out of a portion of Lots 6, 7 and 8, located on the south side of Lipes Boulevard, approximately 630 feet west of Cimarron Boulevard. City Secretary Chapa said the Planning Commission and staff recommended approval of the "R -1B" One -family Dwelling District. No one appeared in opposition to the zoning change. Council Member Gonzales made a motion to close the public hearing, seconded by Council Member Scott, and passed. Mr. Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting June 8, 1999 Page 10 17. ORDINANCE NO. 023668 Amending the Zoning Ordinance upon application by George Mostaghase, by changing the zoning map in reference to 11.39 acres out of a portion of Lots 6, 7, and 8, Section 10, Flour Bluff and Encinal Farm and Garden Tracts, from "A -1A" Apartment House District and `B- 1" Neighborhood Business District to "R -1B" One -family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 18, Wesley Seale Dam spillway stabilization project. He called for comments from the audience, and there were none. Responding to Council Member Colmenero, Mr. Kevin Stowers of the Engineering Services Department, said the Board of Consultants were the independent consultants for geotechnical and structural engineering services, Mr. Eric Kollgaard and Mr. John Focht. He said the city has administratively awarded contracts to them in the amount of $14,500 each in case their review is needed during the construction project. Mr. Stowers said there are 20 possible updates that are being scheduled by Freese & Nichols as necessary. In addition, the Council will be provided with quarterly updates. Mr. Colmenero also asked about the bid and contingencies. City Manager Garcia referred to page 168 of the agenda material which showed the breakdown of that information. He said the total estimated project budget is $23,051,955. In response to Council Member Gonzales, Mr. Garcia said that former Council Member Martin had expressed concern in general about the hiring of consultants under the cap of $15,000, and he said he shares those concerns. Mr. Stowers said the Board of Consultants received Council approval in February and March of 1998 in their original contract; this represents an amendment which is less than $15,000. City Secretary Chapa polled the Council for their votes as follows: 18.a. M99-171 Motion authorizing the City Manager or his designee to execute a construction contract with ASI RCC Inc., of Buena Vista, CO, in the amount of $16,402,850 for the Wesley Seale Dam spillway stabilization project. (Total estimated project budget - $23,051,955) The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes Regular Council Meeting June 8, 1999 Page 11 18.b. M99-172 Motion authorizing the City Manager or his designee to execute Amendment No. 6 to the contract with Freese & Nichols Inc. in the amount of $1,856,500 for engineering services for the Wesley Seale Dam spillway stabilization project. (Total estimated project budget - $23,051,955) The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 18.c. M99-173 Motion authorizing the City Manager or his designee to execute a contract with Bill Tschoerner, P.E., in the amount of $357,500 for assistant resident engineer representative services for the Wesley Seale Dam spillway stabilization project. (Total estimated project budget - $23,051,955) The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 19, Stormwater Management Advisory Committee. He called for comments from the audience, and there were none. Responding to Council Member Colmenero, City Manager Garcia said there was a "sunset" provision on the Stormwater Management Advisory Committee. However, staff would like to continue the committee and use them as a sounding board as they develop the policies and guidelines for the drainage utility that they will be presenting to the Council. Referring to one of the proposed amendments to the ordinance, Mr. Colmenero asked if the advisory committee itself would be operating the drainage utility. Mr. Garcia and City Attorney Bray emphasized that the committee would merely advise the Mayor and Council on the establishment of a municipal drainage utility, on the appropriate rate structure, and on the operation of the utility once it is established. Mr. Garcia said the committee would not have any regulatory authority. Mr. Colmenero asked about the members of the committee. Mayor Neal said the members were appointed two years ago and their reappointments will be coming back to the Council next month. City Secretary Chapa polled the Council for their votes as follows: 19,a. RESOLUTION NO. 023669 Resolution continuing the Storm Water Management Advisory Committee. Minutes Regular Council Meeting June 8, 1999 Page 12 The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 19.b. FIRST READING ORDINANCE Amending Chapter 2, Administration, Code of Ordinances, City of Corpus Christi, relating to the Storm Water Management Advisory Committee. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 20, airport automated access control system. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 20. M99-174 Motion authorizing the City Manager or his designee to execute a construction contract with Chubb Security Systems of San Antonio, Texas, in the amount of $185,000 for a new airport automated access control security system at Corpus Christi International Airport. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 21, purchase of trucks for Street Services. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21. M99-175 Motion approving the purchase of trucks for the Street Services Department in accordance with Bid Invitation No. BI -0119-99 from the following firms based on low bid. The trucks are included in the 1998-99 budget as replacements and funded through the City's lease/purchase agreement with GE Capital. Crosstown Ford, C.C. TX Power Equipment International, C.C., TX 10 Units 5 Units $412,807.90 $284,180.00 Grand Total of Award: $696,987.90 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes Regular Council Meeting June 8, 1999 Page 13 Mayor Neal called for the City Manager's report. Mr. Garcia noted that the Council's meeting next week will be the first one to be dedicated to presentations and workshops. He said the meeting is scheduled to begin at noon, but he wondered if that will leave enough time for the many presentations that are scheduled before the beginning of the Y2K Forum that evening. Following a brief discussion, it was determined that the meeting will start at noon as scheduled. Mr. Ed Garana, Water Superintendent, then provided the Council with an update on the Mary Rhodes Pipeline. He said that on May 25, 1999 a leak was discovered on the side of U.S. Hwy 77 approximately two miles north of Refugio. Two days later crews accessed the pipeline and discovered that in the tunnel casing underneath Hwy. 77, about 105 feet of pipe had collapsed into a heart configuration instead of the normal round configuration. He said they have met with the Port of Corpus Christi Authority and have tentatively selected six pipe tunnel sites for further inspection. Mr. Garen added that the contractor, Pate & Pate, has mobilized at the Hwy. 77 site and the length of time to repair the pipe will be determined by how they are able to extract the pipe, which he explained. Mr. Garcia explained that the problem may have been caused by the contractor over pressurizing the grouting process between the pipe and the casing in the tunnels underneath roadways. He emphasized that it is a very localized problem and is not pervasive throughout the length of the pipeline. Council Member Garrett asked who will pay for the repairs; Mr. Garafia replied that the contractor is paying. Responding to questions from Council Member Gonzales, Mr. Garcia said the amount of water that had been flowing through the pipeline had varied because testing was still going on. Mr. Garafia said the city pays about $250,000 a month to the Lavaca-Navidad River Authority according to their contract for the water from Lake Texana, Mr. Bray added that staff is looking into what responsibility the contractor may have regarding damage that includes the loss of some water, which is not the same as repairing the pipeline. Mr. Garcia pointed out that the city has not accepted the pipeline yet, which is still under construction. Dr. Gonzales said it is wrong for the community to have to pay for water and not receive it and to pay for the pipeline when it does not work. Council Member John Longoria suggested that staff provide a presentation to discuss the fact that the city owns water in another basin in the state, and it is the city's responsibility to bring the water here. Mr. Garcia agreed that staff can discuss the agreement the city has for the Lake Texana water, which is an extensive "take or pay" contract. Mayor Neal said the real test will be whether the city receives the whole 41,000 acre-feet it has paid for at the end of one year. In reply to Council Member Scott, Mr. Garafia further described their assessment of the damaged section of pipe and he referred to a photograph showing that. He also discussed specific aspects of the construction and plans to address the situation. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 3:30 p.m. on June 8, 1999.