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HomeMy WebLinkAboutMinutes City Council - 02/27/2001I 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 February 27, 2001, which were approved by the City Council on March 13, 2001. WITNESSETH MY HAND AND SEAL, this 13th day of March, 2001. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 27, 2001 2:04 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Betty Jean Longoria* Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison John Longoria Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle P. Ram6n Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. Shane Kinnison, Parkdale Baptist Church, following which the Pledge of Allegiance to the United States flag was led by Council Member Gonzales. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of February 20, 2001, and the special Council meeting of February 21, 2001. 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: Committee for Persons With Disabilities Sandra Cabazos Crystal Lyons Linda Falwell -Stover Toni Padilla Roberto Flores Eloy Soza Frances Garza Glenn Ray Tomo Jon Harwood * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. David Perry, 14126 Cutlass Ave., said he lives on Padre Island and owns four commercial lots on Section B of Block 17. He said he and his wife were preparing to build a restaurant there when he learned of an ordinance (No. 023905) that was approved by the Council on Minutes - Regular Council Meeting February 27, 2001 Page 2 January 11, 2000, after he bought that property. He said the ordinance, which restricts his access to Palmero Street, was requested by the Padre Island Property Owners Association. He said it was believed that the commercial lots there detracted from the residential lots. Mr. Perry also discussed the screening requirements contained in the ordinance. Mayor Neal encouraged Mr. Perry to meet with Mr. Michael Gunning, Director of Planning and Development, to share his concerns. *Council Member Betty Jean Longoria arrived at 2:10 p.m. Mr. Leon Perez, 904 Buford, complained about a renter who is not maintaining his property at 650 Robert Drive. He said he reported it to the Zoning and Code Enforcement Department, who informed Mr. Perez that since he is the property owner, it is his responsibility to maintain it. Mr. Abel Alonzo, 1701 Thames, thanked the members of the Committee for Persons with Disabilities for working so hard to make that committee a reality. He said it is just the beginning of an effort to eliminate the biases and prejudices that exist against disabled persons. Ms. Judy Telge, Accessible Communities Inc., said some of the members of the Committee for Persons with Disabilities are going through a leadership class to learn how to be good citizens. She invited the Council to attend the next leadership training class on March 17th. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 3-11). Council members requested that Items 5, 6, and 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.a. M2001-093 Motion to rescind the award to Burns International Security Services, Corpus Christi, Texas in the amount of $208,542.62 and all action regarding previous bids received under Bid Invitation No. BI -0033-01, by repealing Motion No. M2000-432. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 3.b. M2001-094 Motion approving a supply agreement with U.S. Security Associates, Inc., Corpus Christi, Texas for Uniformed Guard Security Services for City Hall, Central Library and the O.N. Stevens Water Treatment Plant in accordance with Bid Invitation No. BI -0033-01 based on low bid meeting specifications for an estimated annual expenditure of $226,781.10. The term of the contract is for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager or his designee. Funds have been budgeted by the using departments in FY00-01. Minutes - Regular Council Meeting February 27, 2001 Page 3 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 4. M2001-095 Motion authorizing the City Manager or his designee to execute a construction contract with Elite Construction Company in the amount of $164,500 for the Texas State Aquarium Sea Lab Renovations Project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 7. M2001-098 Motion authorizing the City Manager or his designee to execute Change Order No. 2 with Haas Anderson Construction in the amount of $172,902.50 for rehabilitation of approximately 1,190 linear feet of 24 -inch wastewater and stormwater lines (Alameda, Santa Fe, and Weber Overlay Projects). The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 8. FIRST READING ORDINANCE Ordinance authorizing the City Manager or his designee to execute a five-year concession services lease with Prince Catering at both the Oso Beach Municipal Golf Course and the Gabe Lozano, Sr. Golf Center in consideration of Prince Catering paying 17% of monthly gross sales or $2,500 per month, whichever is greater, at each facility. 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." 9. FIRST READING ORDINANCE Ordinance authorizing the City Manager or his designee to execute a five-year lease agreement with the Gulf Coast Gem and Mineral Society ("Lessee") at the Kiwanis Recreation Center in consideration of lessee providing lapidary classes and workshop programs ("Programs") to the public and payment to the City of 35% of all revenues generated from these programs. 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." Minutes - Regular Council Meeting February 27, 2001 Page 4 11. RESOLUTION NO. 024383 Resolution strongly supporting House Bill 1449 relating to expiration of the property redevelopment and Tax Abatement Act. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Before opening discussion on Item 5, Mayor Neal said he had inadvertently overlooked a citizen who had signed up under petitions from the audience. Mrs. Ben Perry, 14126 Cutlass Ave., said she is the wife of Mr. David Perry (who addressed the Council earlier). She said she is very angry about the situation with the ordinance and she just wishes to build her restaurant. Council Member Colmenero asked about Item 5, lighting of outdoor sports facilities. Mr. Angel Escobar, Director of Engineering Services, explained that master plans will be designed for the eight fields on the city -owned portion of Price Field. After that city staff will meet with representatives of the sports organizations and decide which fields will receive improvements under this first phase. City Secretary Chapa polled the Council for their votes as follows: 5. M2001-096 Motion authorizing the City Manager or his designee to execute an engineering services contract in the amount of $174,339 with Cowell & Associates Inc. for Outdoor Sports Facilities - Lighting (Bond Issue Project B-4). 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 6, beach nourishment project. Responding to Mr. Colmenero, Mr. Escobar said this item will add the last three additive alternates to the original beach nourishment contract. Mayor Neal asked staff to formally respond to a letter to the editor in the local newspaper saying that tax money was being used on this project, which is erroneous. City Secretary Chapa polled the Council for their votes as follows: 6.a. M2001-097 Motion authorizing the City Manager or his designee to execute a grant agreement, should it be offered, with the Texas General Land Office in the amount of $201,750 for the Corpus T Minutes - Regular Council Meeting February 27, 2001 Page 5 Christi Bay Beach Nourishment Project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 6.b. ORDINANCE NO. 024381 Ordinance appropriating $201,750 from the Texas General Land Office, upon receipt of grant approval, in the No. 1050 State/Federal Grants Fund for the Corpus Christi Bay Beach Nourishment Project. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 6.c. ORDINANCE NO. 024382 Ordinance appropriating $28,635.51 from the Unappropriated Fund Balance in the No. 3280 Park Fund for the Corpus Christi Bay Beach Nourishment Project; amending Ordinance No. 024162 which adopted the FY00-01 Capital Improvement Budget by adding $28,635.51 to the No. 3280 Park Fund. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ************* Mayor Neal opened discussion on Item 10, Oso Pony Baseball League lease. In response to Council Member Garrett, Mr. Tony Cisneros, Director of Park and Recreation, explained that some minimal improvements have been made to the neighborhood park portion of South Guth Park, while the bond program will be funding improvements solely to the athletic facilities at this time. Council Member Scott said the Pharaoh Valley Property Owners Association is working to improve the neighborhood park. City Secretary Chapa polled the Council for their votes as follows: 10. FIRST READING ORDINANCE Ordinance authorizing the City Manager or his designee to execute a ten-year lease with Oso Pony Baseball League for the use of a portion of South Guth Park in consideration of Oso Pony Baseball League maintaining the premises and improvements and operating a baseball program. The foregoing ordinance passed on first reading as follows: Neal, Colmenero, Cooper, Garrett, Gonzales, B. Longoria, J. Longoria, and Scott voting "Aye"; Kinnison absent. * * * * * * * * * * * * * Minutes - Regular Council Meeting February 27, 2001 Page 6 Mayor Neal opened discussion on Item 12, landfill tipping fees. Mr. Ron Massey, Assistant City Manager for Public Works and Utilities, explained that this is the second reading of the ordinance regarding tipping fees. Using a computer presentation, Mr. Massey discussed a synopsis of landfill commercial revenues for FY00-01. He said staff had budgeted revenues at this time to be $3.8 million, while actual revenues received are $3.1 million He said that reflects a decrease of about 30,000 tons of trash that is not being brought to the Elliott Landfill. He said staff projects a loss of 67,000 tons by the end of the fiscal year. Mr. Massey said assuming a similar loss rate through the end of the fiscal year and using the current tipping fee of $26.50 per ton, the revenues would only be about $6.04 million, although they were originally budgeted at $7.7 million. At a tipping fee of $24.50 per ton, revenues would be $5.8 million and at $22.50 per ton revenues would be $5.6 million. Mr. Massey then discussed a second chart which assumes varying tonnage losses at different tipping fees. Projecting a 49,000 -ton loss (rather than a 67,000 -ton loss) at a rate of $24.50 per ton, revenues would be $6 3 million, while a projected 42,600 -ton loss at a rate of $22.50 per ton would result in revenues of $6.2 million He said staff believes that a competing landfill is offering contracts to haulers for their tonnage. The Assistant City Manager said staff s recommendation is that the City Manager be granted the authority to not only set the tipping fee based on market conditions for inside city limits (ICL) customers, but that he also be authorized to enter into contracts for outside city limits (OCL) customers for tonnage. He said the contracts could be framed to review not just a customer's total tonnage but his historical tonnage as well. He said the idea is to offer an incentive to draw as much historical tonnage as possible back to the city's landfill. Mr. Massey also discussed staffs computations on landfill disposal costs. He said the only equipment costs are for the equipment that operates at the landfill. He noted that one of the expense items is $1 95 million for debt service and another $1 million for regulatory compliance. He said many of those costs will not decrease even if less tonnage is brought to the landfill. Responding to Mayor Neal, Mr. Lawrence Mikolajczyk, Acting Director of Solid Waste Services, said the Council approved a budget for the whole Solid Waste Services Department of $16.4 million, which consists of $6.3 million for the landfill and $10.1 million for residential garbage, heavy brush collection, recycling, compliance and administrative costs. He said the revenue from solid waste fees is approximately $11 million. Mr. Mario Tapia, Acting Director of Management and Budget, said the total Solid Waste Services revenue budget is $20.2 million. Replying to additional questions from the Mayor, Mr. Massey said staff believes that it will take more than just lowering the tipping rate at the landfill gate in order to retain tonnage. He reiterated that staff is recommending entering into contracts with haulers in order to reduce tonnage losses. He said the competing landfill is aggressively seeking contracts with haulers and offering them much lower rates. City Manager Garcia said that through aggressive pricing and contracting, there is the potential to substantially offset the revenue the city was not receiving. Minutes - Regular Council Meeting February 27, 2001 Page 7 Council Member Garrett said when the Council discussed this issue during the February 20th meeting, they told staff they did not want to enter into contracts with the haulers, which is what staff is recommending. Mr. Massey said his instructions from the Council were to be competitive and to operate the landfill in a business -like manner. However, he said, not being able to offer contracts to haulers constrains the city's ability to compete. Mr. Garcia said that lowering the tipping rate accelerates the revenue loss in some areas. He said he cannot guarantee that it will not stop the loss of tonnage the landfill is currently experiencing. In response to Council Member Scott, Mr. Garcia said staff has to take more dramatic steps to manage its waste program. He said they anticipate coming back to the Council within the next six months with a comprehensive flow -control ordinance. Mr. Scott asked how the city plans to be fair to both the large and small haulers. Mr. Massey said staff would use historical tonnage as a starting point for negotiations. Mr. Garcia said staff cannot tell the Council how the contracts with the individual haulers will be structured. He said staff would like to maintain a flat rate for garbage collected inside the city limits while aggressively targeting the OCL haulers to use the Elliott Landfill. He added that currently there is no distinction between ICL and OCL garbage, which he explained. Mr. Scott said he thought the City Manager should have the capability of setting a fixed rate as well as to negotiate additional tonnage contracts for no longer than six months. Council Member Gonzales said last week the Council gave the City Manager the flexibility to set the rates across the board. However, the scenario staff presented was bleak and instead staff is recommending the use of contracts along with lower tipping fees. Council Member Kinnison said staff did what the Council directed them to do and they brought back several financial projections. He then made a motion to amend the ordinance prior to second reading to give the City Manager the authority to negotiate commercial tipping fee contracts for disposal of solid waste at the city's landfill for a six-month period. Responding to Council Member Colmenero, Mr. Massey said the budgeted landfill revenues of $7.7 million were based on approximately 300,000 tons, and staff is anticipating a loss of 67,000 tons by the end of the fiscal year. He noted that the monthly tonnage loss started out small but it has continued to increase. Mr. Massey said staff is estimating losses of 6,000 tons per month for the next six months. He added that the revenue figures were calculated with the assumption that certain measures would be implemented to manage the solid waste generated inside the city limits, which has not yet occurred. Council Member John Longoria said staff's recommendation is to establish contracts with individual haulers, which would freeze their base tonnage amounts and allow them a break on amounts over that. He discussed different scenarios that could occur. Responding to Mr. Longoria, Mr. Mikolajczyk said BFI's landfill in Sinton will be closing in about 12 months. A discussion ensued. Mr. Massey pointed out that the city does not handle the billing for the disposal of residential solid waste the same way as the billing for commercial solid waste. Minutes - Regular Council Meeting February 27, 2001 Page 8 Responding to Mr. Garrett, Mr. Mikolajczyk said he did not think that El Centro Landfill accepts heavy brush or tires. Council Member Betty Jean Longoria said she will support staff s recommendation because she has a responsibility to the budget. Mr. Longoria seconded Mr. Kinnison's motion to amend the ordinance. Mayor Neal called for comments from the audience. Mr. Ralph Diaz, co-owner of Corpus Christi Disposal Service, said historical tonnage means the tonnage his company had last year, and it could vary depending on how aggressive his competitors wish to be. He said he has several OCL contracts and they are designed to save the customer money while still providing the necessary service. He said his company has continued to utilize the city's landfill despite increased cost to him. Mr. Diaz also asked how he would be expected to differentiate between OCL and ICL loads. Mr. John Torrey, Captain Hook Dumpsters, said he thinks Mr. Kinnison's motion is a vote against small business. He said staff overestimated the landfill revenues and they are only looking at the short-term consequences. He said this action would deny the opportunity for other businesses to compete in the market. Mr Kinnison said the plan recommended by staff is intended to induce haulers like Mr. Torrey to take their loads to the Elliott Landfill rather than the El Centro Landfill. To do so, they will have to offer the haulers a better deal, which means the haulers will benefit. Mr. Larry Woods, Sixteen Services, questioned why a large hauler should be given a special price break if the city institutes flow control. He said there are other ways to recoup lost revenues, such as taxing large vehicles that cause wear and tear on the city's streets. He indicated support for the Council's vote on this issue last week and he urged them not to amend the ordinance. Mr. Mickey Shuford, District Manager and General Manager of BFI, said he started in the waste management business with one truck so he understands the concerns of both small haulers and large haulers. He said BFI has continued to bring the same waste stream to the city's landfill for the last six months, although it has cost them more money than at El Centro. He said the tipping fee is a cost that the haulers pass through to their customers and BFI just wants it to be equitable. Responding to Mayor Neal, Mr. Shuford said last month BFI took 9,400 tons to the city's landfill, while their average monthly tonnage is 7,000 tons. Mr. Mikolajczyk said the landfill's total average monthly commercial tonnage is 19,000 tons. The Mayor said if the tipping fee is reduced and the reduced tonnage projections are realized, landfill costs will have to be decreased in order to offset the lost revenue. He said the only variable costs are personnel and fuel because the other costs (such as debt service and regulatory compliance) are fixed. As a result, the landfill operation will need to be reengineered. Mr. Garcia said there is a possibility that residential garbage collection will be impacted. Mayor Neal called for a brief recess. Upon reconvening, City Secretary Chapa read Mr. Kinnison's motion to amend the ordinance 7 Minutes - Regular Council Meeting February 27, 2001 Page 9 prior to second reading to give the City Manager the authority to negotiate commercial tipping fee contracts for disposal of solid waste at the city's landfill for a six-month period. Responding to Mr. Longoria, Mr. Garcia said the issue of the six-month period was not originally proposed by staff last week but it emerged during the discussion because he had told the Council that staff intended to come back in six months with a long-term strategy. Mr. Scott asked about the distinction between OCL and ICL, which Mr. Mikolajczyk explained. Mr. Chapa polled the Council for their votes on Mr. Kinnison's motion to amend, and it passed by the following vote: Cooper, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Neal, Colmenero, Garrett, and Gonzales voting "No." Dr. Gonzales asked if an amendment on second reading required just a majority vote or a two-thirds vote, and Mr. Chapa replied that it is a majority vote. Mr. Chapa then polled the Council for their votes on Item 12 as amended: 12. ORDINANCE NO, 024384 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 21, Garbage, Trash, and Other Refuse, to authorize the City Manager to contract reduced tipping fees for disposal of solid waste at the city's landfill. The foregoing ordinance passed on second reading, as amended, by the following vote: Cooper, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Neal, Colmenero, Garrett, and Gonzales voting "No." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 13, renaming of Nueces River Park. City Manager Garcia said that several weeks ago the Council established a subcommittee, chaired by Council Member Garrett, to examine ways to honor Terry and Bobby Labonte, nationally acclaimed NASCAR racers. Ms. Yvonne Haag, Acting Assistant to the City Manager, said that in addition to Mr. Garrett, the subcommittee members were Tom Niskala, Daiquiri Richard, Tony Cisneros, Dave Hamrick, Paul Longoria, Diana Garza, and herself. Ms. Haag said the committee took into consideration that Terry and Bobby Labonte are proud of the fact that they are native Corpus Christians, even though they no longer live here. She said the committee is recommending renaming Nueces River Park in their honor and another option is a permanent display at the airport, which will have to be considered after the terminal reconstruction is completed. Ms. Haag also said that the public relations representatives for Terry and Bobby Labonte expressed their enthusiasm about the proposed park renaming, particularly since it is located in northwest Corpus Christi where many of the Labontes' fans live. Ms. Haag said they are very Minutes - Regular Council Meeting February 27, 2001 Page 10 supportive of whatever honor is bestowed on the Labontes. Mr. Garrett noted that in their research, the committee found there are more fans who watch stockcar racing than baseball and football combined. Mr. Cisneros said the city has a policy regarding the naming of city parks and recreational facilities. He said the Park and Recreation Advisory Committee discussed this proposal on February 15, 2001 and although they are supportive of honoring the Labonte brothers in some way, they do not support renaming Nueces River Park. Instead, they recommended naming the old City Hall site on Shoreline Boulevard in honor of the Labontes. Responding to Mayor Neal, Mr. Cisneros said subcommittee members have spoken with representatives of the Texas Department of Transportation regarding signage for the park if the renaming is approved. Mr. Garcia said they have obtained cost estimates for replacing those signs as well as installing additional signs in the park itself. Mr. Tom Niskala, Chairman of the Chamber of Commerce, said the business community is very supportive of this proposal and several businesses have offered financial assistance. City Secretary Chapa polled the Council for their votes as follows: 13. M2001-099 Motion authorizing the renaming of the Nueces River Park, the Terry and Bobby Labonte Park and waiving the 60 day waiting period as prescribed by the park naming policy. 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 14, police officers agreement. In a computer presentation, Deputy City Manager Noe said staff and representatives of the Corpus Christi Police Officers Association (CCPOA) began negotiations in May 2000 and a tentative agreement was reached on February 23, 2001. Although the prior agreement expired on July 31, 2000, the agreement's provisions have been carried forward under the "evergreen clause." Mr. Noe reviewed the agreement's key provisions: e-mail access for CCPOA bulletin board information; changes to the retirement plan, including a 50% CPI adjustment on automatic renewal and a 20 -year retirement option by August 1, 2002; bomb squad pay increase (from $50 to $75 per month); and a lump sum allocation of two personal leave days in FY00-01. He said other key provisions are one additional shift of vacation for employees with over 15 years of service; extension of the current entry list until June 30, 2001; reduction in force issues, Minutes - Regular Council Meeting February 27, 2001 Page 11 including clarifying what state law governs and limiting "bumping" if appointed positions are reduced; and resolving nepotism issues for promotion and transfer. Mr. Noe also outlined the financial impact of the agreement, which is minimal this fiscal year. He explained that the retirement CPI adjustment was budgeted and implemented in August 2000 and the increase in bomb squad pay ($720 annual cost) will be absorbed. The 20 -year retirement provision ($130,000) will be included in FY02-03 and the "reopener" cost is unknown. He said the union bargaining committee is unanimously recommending the agreement to the union membership and staff recommends approval. Responding to Council Member Garrett, Mr. Noe said the 20 -year retirement provision is applicable at any age. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 14. M2001-100 Motion authorizing the City Manager to execute on behalf of the City a collective bargaining agreement with the Corpus Christi Police Officers Association from August 1, 2000 thru July 31, 2002, as negotiated by City and association representatives. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, 13. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal announced the executive session (Item 15), pursuant to Texas Government Code Section 551.072 regarding the purchase, exchange, lease, or value of real property in connection with acquisitions necessary for the Rincon Bayou Project. The Council went into executive session. The Council returned from executive session. Assistant City Manager Massey gave an update on the process of negotiations on the Rincon Bayou Project. In a computer presentation, he reviewed the key elements of the proposed revised agreed order: the city will restore the Rincon Overflow Channel, evaluate and (if possible) implement improved hydrology measures; the city will design, permit and construct a delivery system to transport 2,000 to 3,000 acre-feet per month of water from the Calallen Pool directly to the Upper Rincon Bayou area; and the city will design, fund and implement a long-term monitoring plan. He then showed an aerial photograph of the project area. Mr. Massey said the agreed order calls for the city to automatically implement the following measures: when the reservoir system reaches 50% of capacity, the city will initiate enhanced water conservation communications to the public; at 40% outdoor watering will be prohibited between 10 a.m. and 6 p.m.; and at 30% lawn watering will be reduced to every five days (in addition to the hourly restrictions). Also, the city's fresh water pass-through requirements would be limited to 1,200 acre-feet per month from 40% to 30% of capacity and eliminated at 30% of capacity. r Minutes - Regular Council Meeting February 27, 2001 Page 12 Mr. Massey also discussed the time frame of the negotiations, noting that the Nueces Estuary Advisory Council (NEAC) will be voting on this proposal on March 6, 2001 and staff will bring NEAC's recommendation to the City Council during their March 13th meeting. Then the proposal will be taken to the Texas Natural Resource Conservation Commission on either April 4th or April 18th and, if approved, the city would begin operating under the new agreed order on May 1st. Mr. Massey also reviewed the implementation schedule for the project. ************* Mayor Neal called for Council concerns and reports. Responding to a question from Mrs. Longoria, Mr. Garcia said that Nueces County Judge Richard Borchard was in Austin lobbying against a bill sponsored by Senator Carlos Truan to increase the membership of the Port of Corpus Christi Board. Mr. Scott asked about marina fee increases. Mr. Garcia said staff is looking at increases in a range of fees in preparation for next year's budget. Mr. Colmenero reported code violations at 4109 Bradford, including high weeds and a burned house. Mr. Longoria asked about the Frost building. Mr. Garcia replied that the lease has been signed and the construction contract will be brought before the Council at their next meeting. Ms. Cooper announced a town hall meeting on March 5th at 6 p.m. at Island Presbyterian Church, in conjunction with Council Members Scott, Garrett, and Gonzales. Ms. Cooper thanked city staff for consistently attending the town hall meetings that she holds. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 5:40 p.m. on February 27, 2001. *************