HomeMy WebLinkAboutMinutes City Council - 08/28/2001I 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 August 28, 2001, which were approved
by the City Council on September 11, 2001.
WITNESSETH MY HAND AND SEAL, this l lth day of September, 2001.
SEAL
an -ware
Armando Chapa
City Secretary
IF
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
August 28, 2001
1:27 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Rex A. Kinnison
Council Members:
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
John Longoria
Jesse Noyola
Mark Scott*
City Staff:
City Manager David R. Garcia
Deputy City Manager George Noe
City Attorney James R. Bray Jr.
City Secretary Armando Chapa
First Assistant City Attorney Jay Reining
Recording Secretary Rachelle P. Ramon
Mayor Neal called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor Alston Kirk, Trinity Lutheran Church, and the Pledge
of Allegiance to the United States flag was led by Council Member Colmenero. 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 joint and
regular Council meetings of August 21, 2001. A motion was made and passed to approve the
minutes as presented. *Council Member Scott arrived at 1:29 p.m.
* * * * * * * * * * * * *
Mayor Neal referred to the board and committee appointments on the day's agenda, and the
following appointment was made:
Port of Corpus Christi Authority
Mike Carrell
* * * * * * * * * * * * *
Mayor Neal called for consideration of the consent agenda (Items 3-21). Council members
requested that Items 5 and 12 be discussed. There were no comments from the audience. City
Secretary Chapa polled the Council for their votes and the following were passed:
3. M2001-321
Motion approving a supply agreement with the following companies for the following
amounts for large lamps in accordance with Joint Governmental Purchasing Group Bid
Invitation No. JGPG 01-1, for an estimated annual expenditure of $50,460.56, based on low
Minutes - Regular Council Meeting
August 28, 2001
Page 2
bid. The term of the agreements shall be for twelve months with an option to extend for up
to two additional twelve-month periods, subject to the approval of the suppliers, the Joint
Governmental Purchasing Group, and the City Manager or his designee. The large Lamps
used by the City include: incandescent -13,354; florescent -10,702; high intensity -895; quartz -
695; stage, studio & projector lamps -306; and ballast -399. Funds have been budgeted by the
using departments for FY 2001-2002.
Mid -Coast Electric
Cornus Christi, Texas
Group 1, 2, 3, & 6
$43,104.74
American Light
Corvus Christi. Texas
Group 4
$3,420.42
Grand Total: $50,460.56
Warren Electric
o@us Christi. Texas
Group 5
$3,935.40
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
M2001-322
Motion approving the purchase of twenty-two computers from Microtek Sales, Inc., Corpus
Christi, Texas to be used by the Central Library in accordance with the State of Texas
Cooperative Purchasing Program for a total of $39,490. Funds are available through the
Telecommunication Infrastructure Fund (TIF) grant.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
6. M2001-324
Motion approving the purchase of services for laboratory analyses for assessment of
technically based local limits for priority pollutants, for the six wastewater treatment plants
in accordance with Bid Invitation No. BI -0185-01, with Analysys Inc., Corpus Christi, Texas,
based on low bid for a total amount of $34,890. These analyses are required by the Texas
Natural Resource Conservation Commission (TNRCC) to determine the pollutants in the
wastewater. Funds have been budgeted by the Wastewater Department in FY2001-2002.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
7. M2001-325
Motion approving the purchase of one 26' Van from Lynch Diversified Vehicles (LDV, Inc.),
Burlington, WI, for the total amount of $190,912. The award is in accordance with the
Federal Supply Schedule of the United States General Services Administration (GSA). The
van will be used by the Police Department. Funds are available in the Law Enforcement
Minutes - Regular Council Meeting
August 28, 2001
Page 3
Block Grant and Crime Control District monies in FY2001-2002. This item will be a new
addition for the department.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
8. M2001-326
Motion authorizing the City Manager or his designee to execute a contract in the amount of
$58,328.52 for purchase of services from the State of Texas, Department of Information
Resources, to provide computer maintenance to the Police Department's Digital Equipment
Corporation (DEC) and COMPAQ equipment being maintained by COMPAQ through its
computer services contract with the State of Texas.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
9.a. M2001-327
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$753,411 and to execute a contract and all related documents with the Texas State Library
and Archives Commission for the continued operation of the South Texas Library System
located at Corpus Christi Public Library for the State Fiscal Year 2001-2002.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
9.b. ORDINANCE NO. 024552
Ordinance appropriating $753,411 from the Texas State Library and Archives Commission
to operate the South Texas Library System, administered by the Corpus Christi Public
Library, in the No. 1050 Federal/State Grants Fund.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
10.a. M2001-328
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$129,087 and to execute a contract and all related documents with the Texas State Library
and Archives Commission for the continued operation of the Interlibrary Loan Referral
Center located at the Corpus Christi Public Library.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Minutes - Regular Council Meeting
August 28, 2001
Page 4
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
10.b. ORDINANCE NO. 024553
Ordinance appropriating $129,087 from the Texas State Library and Archives Commission
for operating the Interlibrary Loan Center by the South Texas Library System, administered
by the Corpus Christi Public Library, in the No. 1050 Federal/State Grants Fund.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
11.a. M2001-329
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$2,500 from the National Endowment for the Humanities.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
11.b. ORDINANCE NO. 024554
Ordinance appropriating $2,500 from the National Endowment for the Humanities in the No.
1050 Federal/State Grants Fund to assess preservation needs of local history collections.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
13. M2001-331
Motion authorizing the City Manager or his designee to execute a construction contract with
Malek Inc. for a total fee not to exceed $43,900 for the City Hall cooling towers repairs 2001.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
14. M2001-332
Motion authorizing the City Manager or his designee to execute a construction contract with
Weathertrol Inc. for a total fee not to exceed $103,000 for the Water Department chiller
replacement - Ayers Service Center.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
Minutes - Regular Council Meeting
August 28, 2001
Page 5
15. M2001-333
Motion authorizing the City Manager or his designee to execute a ten year agreement with
Texas State Aquarium to maintain 36 acres of Tract D, Brooklyn Addition, Corpus Christi,
Texas and all improvements to the property, including the boardwalks, kiosks, and
overlooks; and maintain the Corpus Christi Beach Park Wetlands (North Beach Park Unit
1, Lot 1) and all improvements including the overlooks, boardwalks and kiosks; and use
these improvements and property for educational programming, research and ecotourism.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
16. RESOLUTION NO. 024555
Resolution authorizing the City Manager or his designee to execute Amendment No. 1 to the
Master Agreement governing Local Transportation Project Advance Funding Agreements
with the Texas Department of Transportation.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
17. ORDINANCE NO. 024556
Ordinance abandoning and vacating 4,400 -square foot portion of a 10 -foot wide, utility
easement out of Lot 21, Block 17, Padre Island No. 1; requiring the owner, Sonrisa Partners,
Inc. to comply with the specified conditions and replat the property within 180 days at
owner's expense.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
18. ORDINANCE NO. 024557
Ordinance authorizing the City Manager or his designee to execute a Use Privilege
Agreement with Island Foundation Inc. for the right to install and maintain three
underground 1.5 inch diameter high-density polyethylene conduits containing fiber optic and
communication cables extending approximately 82.5 -feet across the Encantada Drive Street
right-of-way (ROW), and connecting the Island Foundation facilities on either side of said
right-of-way; establishing a fee of $497.50.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
Minutes - Regular Council Meeting
August 28, 2001
Page 6
19.a. M2001-334
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$44,846 from the U.S. Department of Justice, Office of Juvenile Justice and Delinquency
Prevention (OJJDP) for funding available under the investigative Satellite Initiative of the
Internet Crimes Against Children (ICAC) Task Force Program, and to execute all related
documents.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
19.b. ORDINANCE NO. 024558
Ordinance appropriating $44,846 from the U. S. Department of Justice, Office of Juvenile
Justice and Delinquency Prevention in the No. 1050 Federal/State Grants Fund for law
enforcement equipment and training to develop or enhance forensic, investigation or
prevention resources to respond to online sexual exploitation of children offenses.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
20. ORDINANCE NO. 024559
Ordinance amending the Code of Ordinances, Chapter 29, Municipal Courts, by creating
Section 29-51, Municipal Court Collection Fee, to create new collection fee for defendants
with delinquent Municipal Court payment orders in an amount of 30% of each delinquent
payment order; and providing for an effective date.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
21. ORDINANCE NO. 024560
Ordinance amending the Code of Ordinances Chapter 53 - Traffic, Article VIII. Schedules,
Sections 53-250-53-258, Section 53 -250 -Schedule I, One-way Streets and Alleys, Subsection
(a-1) School Areas, by establishing a one-way traffic pattern north on Palmira Drive in the
direction from Almeria Avenue to Encantada Avenue during the school hours of Seashore
Learning Center Charter School; providing for penalties.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
* * * * * * * * * * * * *
Minutes - Regular Council Meeting
August 28, 2001
Page 7
Mayor Neal opened discussion on Item 5, mowing services. Responding to Council Member
Kelly, Mr. Mike Barrera, Procurement Manager, explained that the city has other mowing contracts
in place but this contract is for areas that had been the responsibility of Park and Recreation. He said
this contract will provide for a higher level of service. Mr. Tony Cisneros, Director of Park and
Recreation, added that the contract will free up city crews so they can mow the parks on a more
regular basis, which he explained. Mr. Kelly also asked about the mowing of the medians on Leopard
Street and Mr. Barrera said they are included in this contract.
Council Member Scott asked if the Park and Recreation Advisory Committee had reviewed
this proposal. Mr. Cisneros said they reviewed it some time ago. He also discussed work that will
be performed on the medians on Park Road 22 and in the parks on Padre Island. He said the intent
is to match or exceed the city's current maintenance levels, especially on the island. Council Member
Colmenero requested a list of the mowing frequency and areas included in this contract as well as
areas that are mowed by city staff. City Secretary Chapa polled the Council for their votes:
5. M2001-323
Motion approving a supply agreement with the following companies for the following
amounts for mowing of rights -of -ways and parks, in accordance the Bid Invitation No. BI -
0166 -01, based on low bid for an estimated annual expenditure of $230,711.80. The terms
of the contracts will be twelve months with an option 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 Storm Water Department and Parks and
Recreation Department in FY2001-2002.
Ram's Services Sierra Services
Corpus Christi, TX Sinton. TX
Groups 1-6 Group 7
$162,825 $67,886.80
Grand Total:
$230,711.80
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 12, Bayfest 2001. Council Member Kinnison asked
about the reimbursement percentage for police overtime costs, to which Mr. Cisneros responded.
However, later in the meeting City Manager Garcia said that this year Bayfest will be responsible
for 100% of city costs for event services, including police overtime. (Last year the organization paid
100% of city costs and 75% of police overtime.) City Secretary Chapa polled the Council as follows:
12. M2001-330
Motion approving the application from Bayfest Inc. to temporarily close the following street
Minutes - Regular Council Meeting
August 28, 2001
Page 8
sections for the Bayfest 2001 festival September 21-23, 2001:
a) Northbound Shoreline Boulevard (inside lane only), from the north right-of-way of the
old Belden Street median crossover (exclusive of median crossover at Power Street) to
Hughes Street, beginning at 9:00 a.m., Wednesday, September 12, 2001 through 5:00
p.m., Friday, September 21, 2001 and from 6:00 a.m., Monday, September 24, 2001
through 5:00 p.m., Wednesday, September 26, 2001.
b) Southbound Shoreline Boulevard (full closure), from the south right-of-way of Hughes
Street to the north right-of-way of Power Street, beginning at 9:00 a.m., Wednesday,
September 12 through 5:00 p.m., Wednesday, September 26, 2001.
c) Northbound Shoreline Boulevard, (full closure), between westbound Interstate 37 and
the north right-of-way of Hughes Street, from 5:00 p.m., Friday, September 21 through
6:00 a.m. Monday, September 24, 2001.
d) Southbound Shoreline Boulevard (full closure), between the north right-of-way of Power
Street to westbound IH 37, beginning at 5:00 p.m., Friday, September 21 through 6:00
a.m., Monday, September 24, 2001.
e) North Water Street (full closure), between Fitzgerald Street and Hughes Street from 8:00
a.m., Friday, September 21 through 6:00 a.m., Monday, September 24, 2001.
t) Palo Alto Street, Fitzgerald Street, Resaca Street and Hughes Street (full closures to
through traffic) each between Water Street and Shoreline Boulevard, from 8:00 a.m.,
Friday, September 21 through 6:00 a.m., Monday, September 24, 2001.
g) Power Street (full closure) between 5:00 p.m., Friday, September 21 through 6:00 a.m.
Monday, September 24, 2001.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent.
Council Member Longoria asked how the city knows what the police overtime costs will be.
Mr. Garcia said the city budgets that based on the prior year's experience. Mr. Longoria requested
additional information. Council Member Garrett asked staff to also include the amount of money that
Bayfest spends for off-duty police officers to provide security services on the grounds. Mr. Garcia
said city staff does not have direct access to that information but they can request it from Bayfest
officials. Mayor Neal recessed the Council meeting to read the day's proclamations.
* * * * * * * * * * * * *
Upon reconvening, Mayor Neal referred to Item 23, recognition of continued accreditation
status by the American Association of Museums. City Manager Garcia said this recognition is a
tribute to Mr. Rick Stryker, Director of the museum, his staff and the support provided by the Friends
of the Museum. Mr. Stryker said all those people work very hard to maintain the museum's quality.
He introduced Mr. Delbert Hooper, Chairman of the Museum Auxiliary, and Ms. Gwen Henzi,
Chairperson of the Museum Advisory Committee. On behalf of the Council, Mayor Neal thanked
all those involved and he commented on the museum's new addition.
* * * * * * * * * * * * *
Minutes - Regular Council Meeting
August 28, 2001
Page 9
Mayor Neal referred to Item 22, and a motion was made, seconded and passed to open the
public hearing to consider the proposed ad valorem tax revenue increase.
Mr. Mike Harty, Controller, explained that the FY 2001-02 city budget includes a proposed
tax rate of $0.6441745 per $100 valuation, which exceeds the effective tax rate by 103%;
consequently, state law requires that the Council hold a public hearing on the proposed rate. Mayor
Neal called for public comment on Item 22 and there was none. Mr. Scott made a motion to close
the public hearing, seconded by Mr. Colmenero and passed.
The Mayor stated that the City Council is scheduled to vote on the tax rate at the meeting to
be held on September 11, 2001, beginning at 2 p.m. in City Hall.
* * * * * * * * * * * * *
Mayor Neal referred to the presentations on the day's agenda. City Manager Garcia said staff
was withdrawing Items 24 and 25 regarding the quarterly report for Bond Issue 2000 and the fourth
quarter report on the city's Risk Management program.
The Mayor opened discussion on Item 26, a presentation on the reservoir operating plan and
standby groundwater supply. Mr. Ron Massey, Assistant City Manager for Public Works and
Utilities, used a computer presentation to first discuss the Mary Rhodes Pipeline, which runs 101
miles from Lake Texana to the Stevens Water Treatment Plant in Corpus Christi. The pipeline was
completed on time (in two years) and under budget at a cost of $127 million. He said the pipeline
initially had the capacity to pump 77,000 acre-feet per year and with the addition of more pumps it
will have a future capacity of 112,000 af/yr. Mr. Massey said the project was expedited through the
participation of other agencies: Port of Corpus Christi Authority, Nueces River Authority (NRA),
and Lavaca-Navidad River Authority (LNRA). He noted that bond sales of $135 million were
authorized and $127,165,000 in bonds were actually sold (a difference of $7,835,000).
Mr. Massey discussed the impact of the Lake Texana water supply on the firm yield of the
reservoir system, which consists of both Lake Corpus Christi and Choke Canyon. The firm yield in
1997 without the Lake Texana water was 168,600 af/yr and in 1999 with the inclusion of that water
the firm yield was 209,700 of/yr, an increase of 41,100 af/yr (24.4%). However, since there has not
been any rain in the watershed, the reservoirs are not delivering at the 168,600 of/yr rate.
The Assistant City Manager also compared the Lake Texana water with desalination. In 1996
the City Council at that time was determining which long-term water supply options to pursue,
including a pipeline and desalination. At that time, the Council considered the information gathered
by the City of Tampa, Florida, which decided in May 1996 to construct a desalination plant. In
October 1996 the Corpus Christi City Council decided to proceed with the Lake Texana pipeline.
Mr. Massey pointed out that Tampa Bay's desalination plant, which may not be completed until
December 2002, will provide 28,000 af/yr of water, while Corpus Christi has a contract with LNRA
for a minimum of 41,800 af/yr of water; to date the pipeline has delivered 88,000 acre-feet of water
to the treatment plant. He said if the Council had chosen the desalination option in 1996, the plant
Minutes - Regular Council Meeting
August 28, 2001
Page 10
would not yet be operational and no additional water would have been generated, resulting in a
combined reservoir level of 20% today.
Responding to Council Member Garrett, Mr. Massey said there are about 325,000 gallons
of water in one acre-foot. Mr. Ed Garafa, Water Superintendent, said that in the last several weeks,
water customers have consumed about 90 million gallons per day (MGD), of which approximately
42 MGD or 50% of the daily amount is being provided by the Mary Rhodes Pipeline. In reply to
Council Member Noyola, Mr. Massey said the city currently has a contract with LNRA for 4,500
additional acre-feet of water when it is available, which will add another 5% to the total amount
being taken at this time. In addition, LNRA will seek approval from the Texas Natural Resource
Conservation Commission (TNRCC) and the Texas Water Development Board (TWDB) to make
an additional 7,500 acre-feet of interruptible water available to Corpus Christi. Mr. Massey also
pointed out that since the city is drawing on Lake Texana water, the drain on the reservoirs is much
slower than it would be without that additional water supply.
Council Member Kelly asked about the impact of the Lake Texana water on the firm yield
of the reservoir system. Mr. Massey explained that the firm yield is an estimate of how many acre-
feet of water could be obtained from the reservoir system until it was pumped dry (assuming the
drought of record). He said that while the firm yield is increased to 209,700 af/yr with the Texana
water, this region actually only uses about 130,000 af/yr. He added that the Lake Texana watershed
is much more productive than Corpus Christi's watershed and the Garwood water would come from
a third watershed.
Council Member Colmenero asked what other steps can be taken to reduce consumption in
the coming months. Mr. Massey said the lawn watering restrictions are still in effect and he noted
that the growing season will be coming to an end, which will reduce demand to about 60 MGD as
opposed to 90 MGD at this time.
Mr. Garafia discussed the Lake Corpus Christi -Choke Canyon Reservoir operating plan. He
explained that the Nueces River basin is supplied by the Nueces, Frio and Atascosa rivers and
consists of Lake Corpus Christi, which is impounded by Wesley Seale Dam (completed in 1958) and
Choke Canyon Dam (completed in 1982 and filled for the first time in 1987).
He said the reservoir system's current operating policy states in part that in order to provide
maximum dependable yield from the two reservoirs, the water level in Lake Corpus Christi will be
allowed to drop to elevation 74 feet before water is released from Choke Canyon reservoir. He noted
that there is a 2,000 acre-foot per month constant flow of water from Choke Canyon down the Frio
River to Nueces River. Mr. Garafia also discussed the operation and locations of the Alice, Mathis
and Beeville pipelines. He said that currently Lake Corpus Christi is at 80.6 feet and Choke Canyon
is at 196.0 feet.
The next presentation was regarding the standby groundwater supply system, also known as
the supplemental well program. Mr. Garafia said they consist of the following: four wells located
near the city of Campbellton in Atascosa County which were installed in 1951 during a critical
Minutes - Regular Council Meeting
August 28, 2001
Page 11
drought; four wells owned by the city at Lake Corpus Christi; eight wells on property leased by the
city which were acquired during the 1980s drought; and 11 pieces of property leased by the city with
no wells which were also acquired during that drought.
Mr. Garafia said that extensive repairs are required in order to reactivate the four
Campbellton wells. He noted that since the water from those wells can be as hot as 148°F, the
TNRCC requires that it be cooled before it is discharged into the Atascosa River. In addition, due
to channel losses, very little of the well water will reach its intended destination and a permit for
exporting water will be required. He also discussed the four city -owned wells and the eight city -
leased wells, half of which are not operational or require extensive repairs. He said those wells
discharge into the Nueces River or its tributaries with resulting evaporation and channel losses and
the water quality is fair due to the presence of chlorides.
Mr. Garafia said the city pays over $50,000 in annual lease costs in addition to operation and
maintenance costs. He said many of the leases are nearing the end of the next to last five-year option
period. Mr. Garafia said that other opportunities for standby water sources include utilizing the Mary
Rhodes Pipeline, which has the capacity to transport additional water, such as the additional
interruptible water from Lake Texana. In addition, there are no evaporative losses and the
groundwater quality is better along the pipeline route. He said at the next Council meeting staff
intends to present the standby groundwater supply evaluation report prepared by HDR Engineering.
Mr. Scott asked if the city is currently in the drought of record, and Mr. Garafia replied
affirmatively. Mr. Kelly Payne of HDR Engineering said the previous drought of record occurred
in the 1960s and lasted 42 months. He said the last time the reservoirs were full was in 1993 and he
noted that rebounding can occur very quickly in this water system, often through the presence of a
hurricane or tropical storm.
Mr. James Dodson, Deputy Executive Director of the Nueces River Authority, said the
TWDB has compared the current drought with previous ones. They concluded that not only has this
last eight-year period been drier but there have also been many more days of temperatures above
100°F. Consequently, he said, no one knows when this drought will end.
Responding to Mr. Colmenero and Mr. Kelly, Mr. Garafia further discussed the operation of
the wells and water costs (which was discussed in more detail in the following presentation). Mr.
Garafia pointed out that the city's aquifer is not sustainable indefinitely and the well system could
probably only deliver about 15 MGD. In addition, the city's water treatment plant cannot remove
chlorides. He said staff will have to come back with an engineering evaluation to answer the
questions raised by Mr. Kelly.
Mayor Neal said the city does not have reliable data with regard to the operation of the wells
since they have never been utilized (except for testing). Mr. Massey reiterated that HDR Engineering
has completed its study about the well system but this presentation was only meant to summarize
the status of the wells; additional information will be provided later. Mr. Garcia said that another
option is to find a good source of groundwater, lease the land, and mine the water.
Minutes - Regular Council Meeting
August 28, 2001
Page 12
In response to Council Member Kinnison, Mr. Dodson briefly discussed the Trans -Texas
Water Study and studies conducted in response to Senate Bill 1 regarding various water supplies.
Mr. Noyola asked additional questions about the operation of the wells, to which Mr. Garafia replied.
Mayor Neal opened discussion on Item 30 regarding the Garwood pipeline (water from the
Colorado River). Using a computer presentation, Mr. Garafia explained that in 1990 the Nueces
River Basin water planning study was conducted of the Nueces and Lower Nueces River Basin.
Results showed a significantly lower firm yield, mostly due to the fresh water inflow operating order.
The following year a regional water planning study looked at the availability of additional water
supplies in the Lavaca and Colorado basins. In September 1992 the City of Corpus Christi entered
into an option agreement for the purchase of up to 35,000 of/yr from the Garwood Irrigation
Company, which was approved by the TNRCC in 1998.
Mr. Garafia said the TNRCC amendment to the certificate of adjudication authorizes the city
to divert 35,000 af/yr from the Colorado River for irrigation, municipal and industrial purposes at
a rate not to exceed 150 cfs and it subordinates the 35,000 of/yr to the remaining portion of the
original Garwood water rights with a priority date of November 2, 1900.
Mayor Neal asked what the city paid for the Garwood water. Mr. Dodson replied that it was
a one-time purchase cost of $450 per acre foot, which is about $14.5 million for senior rights to the
Garwood water in perpetuity.
Mr. Garafia said there are two options for delivering the Garwood water to the Mary Rhodes
(Texana) Pipeline: peak diversion rate, which pumps the water directly from the Colorado River to
the pipeline; and a uniform annual rate using an off -channel storage reservoir near the diversion site.
He said the first option would require a surface water intake and pump station near Bay City; a 41 -
mile transmission pipeline from the Colorado River to the terminal storage tank at the Texana
pipeline intake pumping station; junction piping and appurtenances to tie the Garwood pipeline to
the Texana pipeline; and reconfigure the Texana pipeline intake and intermediate pumping stations.
The estimated cost for this option is $253 per acre-foot.
Mr. Garaiia said the uniform delivery rate option would require a surface water intake and
pump station near Bay City; a transmission pipeline from the Colorado River to an off -channel
storage site with a surface water intake and pump station; a 36 -mile transmission pipeline from the
off -channel site to a terminal storage tank at the Texana pipeline intake pumping station; and
junction piping and appurtenances to tie the Garwood pipeline to the Texana pipeline. The cost
would be about $259 per acre-foot. He said staff is recommending developing a request for proposals
(RFP) for professional services for a routing plan and acquisition of the necessary right-of-way, as
well as exploring the benefits of partnering with other entities, similar to the Texana pipeline.
Council Member Chesney asked what would happen to the use of the Garwood water while
the city determines the best way to bring it to this area. Mr. Garcia said staff would be hesitant to
recommend a long-term usage of that water by anyone else because Corpus Christi needs it, and it
would be difficult to find someone who could buy it for a one-time use. Mr. Dodson said this
Minutes - Regular Council Meeting
August 28, 2001
Page 13
drought has caught everyone by surprise with its severity and the long-term planning studies are
having to be readjusted as a result. He said he believes it is even more necessary now to hold onto
the Garwood water rights, particularly in the short-term. Mr. Dodson said he believes this is the best
option to pursue at this point.
Responding to Mr. Garrett, Mr. Garana said that depending on the financing of a project
involving the Garwood water, the new total raw water cost could be 92 cents to 95 cents per 1,000
gallons. He added that those figures fluctuate monthly depending on the draw of water.
Mr. Colmenero asked who could use the Garwood water if the city does not exercise its right
to it. Mr. Dodson said that right now `junior" diverters are allowed to access water during shortages
but if the city exercises its senior rights, those users would not be able to take the water. Mr. Payne
of HDR discussed the use of both the Texana and Garwood water supplies. He said the Texana water
would probably be taken first because it is on a "take -or -pay" basis while the Garwood water is not
(the city owns it now). He said the addition of those two water supplies would result in the city's
reservoir system being fuller most of the time, which provides for more opportunity to use the
reservoirs and to "bank" the water for periods of drought and higher demand. Mr. Garcia noted that
the city's senior right to the Garwood water still applies even when the Colorado River is low.
Mr. Kinnison questioned why the Mary Rhodes Pipeline cost $127 million for 101 miles
while the Garwood pipeline is estimated to cost $85 million for 35 to 40 miles. Mr. Payne explained
that much of the cost will be for the facility that will be needed to take the water out of the Colorado
River and to make it flood -proof. He said there have been some discussions with the Lower Colorado
River Authority (LCRA), which may have some facilities available. Mr. Dodson said the remaining
133,000 acre-feet of water rights owned by Garwood were purchased by the LCRA and they also
subsequently purchased the last remaining privately held water rights in the Colorado basin.
Mr. Kinnison asked what the city's situation would be today if it had access to the Garwood
water. Mr. Payne showed a graphic illustrating that scenario, saying that the reservoir level would
probably be at 40% instead of 30% as it is today. He added that over 40% a certain amount of water
would be passed through to the bays and estuaries if the flow came into the reservoir system. Mr.
Payne said planners are confident that the Rincon Bayou project will demonstrate the importance of
the placement of water to benefit the delicate estuarine system, which may affect the water release
program in the future. Mr. Garafia and Mr. Massey further explained that issue.
Mr. Noyola said citizens do not want any more water restrictions and some feel that the Mary
Rhodes Pipeline did not deliver the relief that was promised. He questioned why the city does not
just pursue the desalination option since the Gulf of Mexico has a bountiful amount of water. Mr.
Massey replied that if the city had pursued desalination five years ago, it would have resulted in only
about 28,000 aflyr of water as opposed to the 42,000 aflyr being provided by Lake Texana; however,
the desalinated water would have cost significantly more.
Mayor Neal said the Council needed to postpone the rest of this discussion in order to go into
executive session, pursuant to Texas Government Code Section 551.074, to interview candidates for
Minutes - Regular Council Meeting
August 28, 2001
Page 14
and deliberate the appointment of a Municipal Court Judge with possible action related thereto in
open session (Item 41). (Note: the executive session under Item 42 regarding City of Corpus Christi
v. Nancy Helen Graham, et al, No. 01-025-C, County Court At Law, San Patricio County, Texas and
regarding land acquisition in connection with the Rincon Bayou Project, was withdrawn.)
The Council went into executive session. The Council returned from executive session. Mr.
Longoria made a motion, which was seconded by Mr. Scott, to adopt the following ordinance:
41.a. ORDINANCE NO. 024570
Ordinance amending Ordinance No. 8127 as amended, Section 510, Executive Pay Plan, by
adding Municipal Court Judge, Division D.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mr. Longoria then made the following motion, seconded by Mr. Garrett:
41.b. M2001-344
Motion appointing Deanie King as Judge of the Municipal Court of Corpus Christi, Texas,
Division D and setting her salary at $54,105 to a term coterminous with that of the City
Council.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
*************
Mayor Neal called for petitions from the audience.
Ms. Mary Lou Huffman, 402 Old Robstown Road, addressed the problem of the tick
infestation at the city's Animal Control facility. She suggested that the city promote adoption and
quick retrieval of those animals.
Dr. Michael Mintz, 141 Kush Lane, presented a proposal to improve Airheart Point. He said
he and Mr. George Hahn own the property on the north border of the easement and Mr. Mike
McKinnon owns the property to the south. He said he has met with city staff about the property
owners' proposal to develop a scenic overlook with picnic tables and staff' suggested he elicit the
Council's support. Mayor Neal asked Dr. Mintz to meet with Planning Department staff so that his
proposal may be formally presented to the Council as an agenda item with ample time for discussion.
Mr. Joe Cole, 4613 Kirkwood, said there are individuals and subcontractors who will not
qualify for the required permits to dump debris at the landfill, which will result in them taking the
Ir
Minutes - Regular Council Meeting
August 28, 2001
Page 15
debris either to El Centro Landfill in Robstown or leaving it on the curb for the city to pick up. He
said he was told that without a permit, people will not be able to use the city's Elliott Landfill after
September 14th and other people are not even aware of the new requirements. Mayor Neal said the
Council has had much discussion about this issue during its public meetings and they responded to
Mr. Cole's concerns about worker's compensation.
Mr. Carlos Torres, President of the Corpus Christi Firefighters Association, discussed Senate
Bill 382, known as the "two in/two out" rule. He said that law will go into effect on September 1,
2001 and the Texas Fire Protection Commission will meet in Austin on September 7, 2001. Their
advisory council will draft rules to implement the law, which has to be followed by all local fire
departments in Texas and is supported by the union. He said Corpus Christi has been providing
minimum staffing (three firefighters) on its fire trucks and ladder trucks and he expressed concern
about how the law will be followed. He said House Bill 1096 regarding fire districts needs to be
passed to provide for more staffing on the city's fire trucks.
* * * * * * * * * * * * *
Mayor Neal returned to the discussion about Item 30 regarding the Garwood pipeline.
Responding to Council Member Scott, Mr. Payne said the peak diversion option consists of 41 miles
of 64 -inch pipe with no off -channel storage as opposed to the uniform delivery option, which
includes five miles of 64 -inch pipe running to a storage facility and 35 miles of 48 -inch pipe
connecting to the Texana pipeline. He added that the reservoir would have a small surface area,
which reduces the amount of evaporation. Mr. Garana said the Garwood pipeline project would not
have to be as fast -tracked as the Mary Rhodes Pipeline. Mr. Scott asked about Green Lake, and Mr.
Dodson said he did not think it would be suitable for municipal purposes.
Council Member Chesney said he needed to leave the meeting to visit his father in the
hospital and he had some questions about the cost of the Garwood water versus desalination (even
though staff had not yet given their presentation). Mr. Dodson said it was mainly a matter of timing
because it will take longer to build a desalination plant than the Garwood pipeline. He said the
desalination technology has been proven in certain applications but the procurement, permitting and
financing processes are time-consuming. Mr. Garcia added that staff is suggesting that the city have
a diversified portfolio of water sources: reservoirs, Mary Rhodes and Garwood pipelines, and a pilot
desalination facility (possibly followed by additional facilities).
Mayor Neal opened discussion on Item 31 regarding desalination facilities. Mr. Dodson used
a computer presentation to discuss several aspects of that issue. He noted that desalination has been
studied as a possible water source since 1914 and many times thereafter. In the Trans -Texas Study
of 1995 the cost was estimated to be $5 to $6 per 1,000 gallons (kgal) while the bid for the Tampa
Bay facility came in at $2.08/kgal.
Mr. Dodson discussed desalination technologies, such as electrodialysis reversal, distillation
(thermal) processes, reverse osmosis, and experimental processes. He described how the Tampa Bay
proposal was developed, including procurement and financing, site and facility characteristics, and
Minutes - Regular Council Meeting
August 28, 2001
Page 16
costs (including capital costs of $98 million to $129 million). With a capacity of 25 million gallons
per day, the Tampa Bay plant is the nation's largest proposed seawater desalination plant. He noted
that all the bids were based on the reverse osmosis treatment process. He said the Tampa Bay
proposal is still going through the permitting process and officials do not know exactly when
construction will begin, although they maintain that it will be completed by December 2002. In the
meantime, Tampa Bay Water is moving ahead with a second 25 -MGD seawater desalination facility
in their master water plan.
Mr. Dodson said the primary site that planners wished to evaluate in the Corpus Christi area
is the Barney Davis Power Station on the Laguna Madre next to Flour Bluff because it offers co -
location benefits. He discussed the following three options: Case I - 25 MGD, $0.06/kWhr of power,
and 29 -mile delivery for a total project cost of $219.8 million; Case II - 25 MGD, $0.04/kWhr of
power and 5 -mile delivery for a total cost of $179 million; and Case III - combined brackish water
and seawater desalination of 25 MGD, $0.06/kWhr of power and 5 -mile delivery for $123.9 million.
Following additional study and discussion, Mr. Dodson said it was apparent that there is a
demand for additional capacity to serve the Padre/Mustang Island area. Currently there is only one
water distribution main serving that area and a second pipeline is needed across the Laguna Madre
from Flour Bluff. Since that project will be very difficult to permit and mitigate --thereby increasing
the cost --an alternative is to construct a 1 MGD to 3 MGD brackish groundwater desalination plant
on North Padre Island.
He said the advantages of building such a facility include: proven technology with well-
defined costs; fewer permitting issues and avoidance of the environmental issues associated with a
pipeline crossing the Laguna Madre; draws on unused groundwater resources; adds new capacity to
the overall system; provides a cost-effective solution; and generates information for the design and
permitting of a larger -scale facility using a combination of groundwater and seawater.
Implementation issues that need to be addressed include disposal of the concentrate reject
and permitting of the outfall and pipeline; blending desalted seawater with other water sources in the
distribution system; power costs; a contract to design, build and operate the facility; groundwater
acquisition costs; and aquifer yields. Mr. Massey then discussed a possible time line for a pilot
project and said staff is recommending developing an RFP for professional services to prepare a
siting plan/feasibility analysis for a desalination facility and to explore the benefits of partnering with
other entities.
Council Member Garrett asked about the length of the discharge pipe. Mr. Garcia said the
length would depend upon the salinity of the discharge material. Mr. Dodson said if brackish
groundwater is used for the desalination process, they believe that it will be able to be discharged
directly into the Laguna Madre because the salinity would be less than the ambient receiving waters.
Council Member Kinnison asked about the supply of brackish groundwater. Mr. Dodson said
that previously not much effort was made to identify such sources because the goal has been to find
water that is directly potable. However, state water planners are recognizing the need to determine
r
Minutes - Regular Council Meeting
August 28, 2001
Page 17
locations of brackish groundwater. Mr. Dodson said a small (4 MGD) desalination plant on Padre
Island would require about 5 MGD to feed it, for which there is abundant water. A larger -scale
groundwater project would require additional investigation to ensure a sufficient supply of water.
Responding to another question from Mr. Kinnison, Mr. Garcia said the city's capital
improvement program includes millions of dollars for the southside transmission main, which is
intended to resolve the problem of low water pressure and increased demand on Padre and Mustang
islands. However, that project is also one of the most environmentally challenging ones because it
involves trenching the entire depth of the Laguna Madre and under the Intracoastal Canal. He said
the option of building a small desalination plant on the island appears to be worth exploring because
it offers many benefits and could serve as a model for a larger desalination facility.
Mr. Dodson said a 4 MGD brackish groundwater facility would probably have capital costs
of about $8 million, which is much less than a seawater desalination plant would have. In addition,
the operation and maintenance costs would be much lower. Mayor Neal asked how much water is
being used by customers on the island currently. Mr. Garafia said it is about 2 MGD and staff
anticipates that that will increase to about 5 MGD once Packery Channel is developed.
With regard to state entities, Assistant City Manager Tom Utter said staff has had preliminary
discussions about this issue with representatives of the Texas Water Development Board. He said
in the last session there was legislation which allows desalination to fall under the same grant and
loan program that regular water projects do. Mr. Dodson said it is clear that the state would like to
see more seawater and other types of desalination facilities be developed to relieve some of the
pressure for increased surface water supplies. He said the U.S. Bureau of Reclamation has some
appropriations available for research but brackish groundwater is a fairly proven technology.
Additional discussion ensued.
In response to Council Member Longoria, Mr. Garafia explained how Port Aransas receives
its water. Mr. Dodson confirmed that there is not much history of operating large-scale desalination
plants but there are hundreds of small-scale brackish groundwater desalt plants currently operating
in Florida. Mr. Longoria said since the city already owns the Garwood water, it would make sense
to build a pipeline to bring it here to use. Mr. Garcia said staff is recommending proceeding with
both the Garwood water and desalination options so as to provide more concrete answers on costs
and time lines.
Council Member Kelly asked if the proposed RFP will provide information about the
sustainability of fresh groundwater or whether it will only address brackish groundwater. Mr. Massey
said staff will do more research on what information is available on the quality of water from other
aquifers. Council Member Colmenero asked if staff will come back with funding options, and Mr.
Massey said staff was asking the Council for permission to issue an RFP and prepare an engineering
services contract that will be brought back to Council with the funding source identified at that time.
City Secretary Chapa read the following proposed motions. Mayor Neal asked for public
comment on Items 30 and 31 and there was none. The Mayor said the Council received letters from
Minutes - Regular Council Meeting
August 28, 2001
Page 18
the Corpus Christi Chamber of Commerce and the Port Industries of Corpus Christi in support of
long-term water solutions. Mr. Chapa polled the Council for their votes as follows:
30. M2001-337
Motion directing staff to develop by the first Council meeting in December 2001 a request
for proposals for professional services to identify a route for the pipeline to convey the city's
Garwood water to Corpus Christi, to negotiate a contract for professional services to acquire
necessary property interests within the pipeline route, and to explore possible benefits of
partnering with other entities to complete the project as compared with the benefits of
proceeding independently.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
31. M2001-338
Motion directing staff to develop by the first Council meeting in December 2001 a request
for proposals for professional services to prepare the preliminary design for a water
desalination facility utilizing brackish groundwater with a capacity of approximately 3-5
million gallons of water per day located on and serving Padre/Mustang Island, and to explore
possible benefits of partnering with other entities to complete the project as compared with
the benefits of proceeding independently.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
Mayor Neal noted that item 27 was postponed by staff.
27. POSTPONED
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* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 28, 2001 annexation program. Mr. Utter said this
proposed annexation is the result of the last annexation in 1999. The proposed annexation consists
of six areas containing approximately 16,067 acres (of which about 13,000 is water) and a total of
275 permanent residents.
Using maps, Mr. Utter then described the location and characteristics of the six areas: Areas
"A" and `B" -Wood River development, 51 acres; Area "C" -Tracts 1 and 2, Padre Island, two tracts
of approximately 1,251 acres straddling the Nueces/Kleberg county line; Area "D" -water area west
of Port Aransas, 919 acres; Area "E" -Gulf of Mexico water area east of Aransas Pass with 13,128
Minutes - Regular Council Meeting
August 28, 2001
Page 19
water acres; and Area "F" -tracts 3a, 3b, 4 and 5, the remaining portion of Mustang Island, which is
north of Mustang Island State Park comprised of four contiguous tracts of land with about 718 acres
(tracts 1 and 2 were annexed in 1999).
Mr. Utter then discussed the proposed annexation calendar as follows: October 10, 2001 -
Planning Commission public hearing; October 16th -first City Council public hearing during the
regular meeting; October 22nd, 6 p.m. -second City Council public hearing at Port Royal on Mustang
Island; November 20th -first reading of the annexation ordinance; December 1 lth-second reading of
the annexation ordinance and final action on proposed zoning (regular meeting); and December 31,
2001 -effective date of the annexation.
Mr. Utter said staff has already met with some residents of Padre and Mustang islands
regarding their concerns. He noted that after this annexation round, the process will become more
complicated. Mr. Garcia said once the hearing dates are set and the notices go out, no other
properties can be added to the annexation program, although properties can be deleted. Mr. Garcia
and Mr. Utter replied to Council members' questions. Mayor Neal called for public comment.
Mr. Carlos Torres, President of the Corpus Christi Firefighters Association, said if the new
fire station on Padre Island becomes a multipurpose facility, staff should ensure that there is adequate
parking. He asked when construction is scheduled to begin. Mr. Garcia said staff is working to
identify the site; following that they can move quickly on the construction because it will be a
modular building. Mr. Torres said he hopes that four firefighters will be budgeted for that fire truck.
Mr. Carl Batalich, an island resident, said he and other residents are looking forward to the
new fire station there as well as sound development.
Mrs. Betty Jean Longoria, 9534 Wilkins, asked why Suburban Acres was not included in this
proposed annexation. She also expressed concern about the annexation of additional properties in
Wood River. She said the main road there is a county road. Council Member Kelly said a traffic light
is needed at River Hills to divert some of the traffic further east.
Mr. Utter said Suburban Acres has water service but it does not have sewer service and he
said it will require a lot of infrastructure costs, similar to other areas. Mayor Neal said the city has
one more year under the current annexation rules before the law changes on December 31, 2002. Mr.
Garcia said there are areas similar to Suburban Acres which are basically colonias and which need
a tremendous amount of public investment. He said he and Council Member Noyola met with
residents of Rose Acres to discuss their needs and he suggested that staff spend the next year
investigating such areas. City Secretary Chapa polled the Council for their votes as follows:
28. M2001-335
Motion approving an annexation calendar and authorizing staff to prepare service plans and
schedule Planning Commission and City Council public hearings to consider six areas of
land/water for inclusion in the 2001 Annexation Program.
Minutes - Regular Council Meeting
August 28, 2001
Page 20
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 29, stormwater master plan. City Manager Garcia said
that large sections of the community are severely affected by inadequate drainage and staff would
like to prepare a comprehensive plan which will be brought back to the Council in the future.
Ms. Valerie Gray, Stormwater Superintendent, said that during the Council's retreat in May
2001, one of the issues identified was to evaluate the need for a stormwater drainage utility. She said
the action plan developed by staff is as follows: reappoint the Stormwater Management Advisory
Committee (which was done on July 24, 2001); review the current stormwater system (August and
September 2001); assess current stormwater funding (March 2002); review funding alternatives
(May 2002); and recommend a stormwater implementation plan (June 2002).
Ms. Gray said in order to proceed with the second step, city staff is requesting the approval
of an engineering contract for the development of a stormwater master plan. She said the funds for
that project are available in the FY 2000-01 stormwater capital improvement program. Upon
approval of the contract, staff will continue with steps 2-5 of the proposed action plan.
Mr. Angel Escobar, Director of Engineering Services, explained that the Stormwater
Management Advisory Committee (SMAC) met on August 16, 2001 and unanimously recommended
approval of the contract. He said there are several reasons why a comprehensive stormwater master
plan needs to be developed, primarily because the existing master plans are outdated, contain
inconsistent design parameters, have not kept up with the changing regulatory environment, and do
not include all areas of the city. Mr. Escobar then discussed the project participants, saying that the
challenge is to balance the need for adequate drainage with the cost for providing it.
Mr. Escobar said there are two phases of the project. The first phase is the development of
the stormwater criteria and design manual, which will provide the following: a city-wide level of
protection policy, consistent stormwater criteria and design procedures, and compliance with federal
and state regulations related to stormwater quality standards. The second phase is the development
of the stormwater master plan, which will include a detailed topographic map set with digital
topographic data, existing and proposed basin characteristics, stormwater drainage system capacity,
and hydraulic analysis in selected areas. Mr. Escobar also discussed aerial mapping accuracy,
geographic limits of the master plan, and a preliminary project time line.
Responding to Mayor Neal and Council Member Kinnison, Ms. Gray further discussed the
time line and the need to educate the members of the SMAC. She said in June 2002 staff will bring
back a recommendation for an implementation plan. The Mayor and Mr. Kinnison said they thought
the time table needed to be sped up to proceed more quickly on the project. There were no comments
from the audience. Assistant City Secretary Juarez polled the Council for their votes as follows:
Minutes - Regular Council Meeting
August 28, 2001
Page 21
29.b. M2001-336
Motion authorizing the City Manager or his designee to execute an engineering contract in
the amount of $1,048,480 with Goldston Engineering Inc. for the stormwater master plan
project.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
*************
Mayor Neal opened discussion on Item 32, water conservation regulations. Council Member
Kelly referred to Sec. 55-152 of the proposed ordinance (page 286 of the agenda packet) regarding
automatic water conservation measures. He asked whether a plumbing leak in a home will result in
a citizen violating the ordinance. First Assistant City Attorney Reining said that provision was
included elsewhere in the plan but it was moved forward so people will begin addressing the issue.
He said generally city staff members warn people about a violation and give them an opportunity to
correct the problem before any citations are issued. Mr. Kelly said there is the potential of a $500
per day penalty in those cases, which will only exacerbate an already difficult and expensive
situation for the property owner.
City Manager Garcia noted that there are many mandatory requirements in the water
conservation plan but the city did not actually assign personnel to enforce those provisions until the
combined reservoir level fell below 30% and a major public relations campaign was launched. Mr.
Kelly said plumbing leaks are not the same as violating the time -of -day restrictions for lawn
watering. Mr. Garcia replied that in many cases the city is the entity that points out to a customer that
he has a water leak (which results in a higher than usual water bill).
Responding to another question from Mr. Kelly, Mr. Reining said that only a handful of
citations have been issued for plumbing leaks; most people correct the situation as soon as they are
made aware of it. Mr. Massey said this provision comes into play when the reservoirs fall below 50%
and the city wants to alert people to the need for water conservation. Mr. Kelly said he objects to the
idea of criminalizing an event that was not a result of voluntary conduct. He said it is an unfortunate
situation that occurs to many citizens and there are economic incentives (a lowered water bill and
repaired foundation) to seeing that it is corrected. Mr. Reining said the offense comes into play once
a person realizes he has a plumbing leak but does not take steps to repair it.
Mayor Neal asked if the language in the ordinance needed to be amended to address Mr.
Kelly's concerns about criminal intent. Mr. Reining said the proposed amendment to Sec. 55-155
states that "any person that intentionally, knowingly, recklessly, or with criminal negligence violates
any provision of this Article shall be deemed guilty of a misdemeanor..." Mr. Reining said code
enforcement violations occur frequently and city staff tries to work with citizens to help them abide
by the regulations. There were no comments from the audience. Assistant City Secretary Juarez
polled the Council for their votes as follows:
Minutes - Regular Council Meeting
August 28, 2001
Page 22
32. FIRST READING ORDINANCE
Ordinance amending the Code of Ordinances, City of Corpus Christi, by revising Article XII,
Water Conservation, of Chapter 55, Utilities, to reorganize and expand the water
conservation contingency measures; providing for penalties.
The foregoing ordinance passed on first reading as follows: Neal, Chesney, Colmenero,
Garrett, Kinnison, Noyola, and Scott voting "Aye"; Kelly voting "No"; Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 33, Water Resources Advisory Committee. There
were no comments from the audience. Assistant City Secretary Juarez polled the Council as follows:
33. ORDINANCE NO. 024561
Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2,
Administration, to replace the Water Conservation Advisory Committee with the Water
Resources Advisory Committee.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 34, renewal community. Council Member Kelly said
he had a conflict of interest with Items 34, 35 and 36 and would be abstaining from discussing or
voting on those items.
Mr. Utter described the characteristics of the census tracts being proposed for the renewal
community application (Tracts 1,3, 4, 10 and 11). He said while such a designation does not result
in the receipt of funds it does provide for a variety of tax credits. He said the five census tracts are
within the state enterprise zone and the city has received letters of support from a number of groups.
He described why those tracts were selected, including their levels of poverty and unemployment.
Responding to Council questions, Mr. Utter said HUD requires that a city use 1990 census
figures. He said census tract 3 includes the convention center area. There were no comments from
the audience. City Secretary Chapa polled the Council for their votes as follows:
34. RESOLUTION NO. 024562
Resolution authorizing the City Manager or his designee to submit an application to the U.
S. Department of Housing and Urban Development (HUD) for the designation of Census
Tracts 1,3, 4, 10 and 11 as a "Renewal Community" in order to foster investment and
Minutes - Regular Council Meeting
August 28, 2001
Page 23
economic development within the Census Tracts.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kinnison, Noyola, and Scott voting "Aye"; Kelly abstaining; Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 35, a grant for the land acquisition for the arena. Mr.
Utter commended Sen. Kay Bailey Hutchison for her efforts in helping the city receive this grant.
There were no comments from the audience. City Secretary Chapa polled the Council for their votes:
35.a. RESOLUTION NO. 024563
Resolution authorizing the City Manager or his designee to submit an application to the U.S.
Department of Housing and Urban Development (HUD) for an Economic Development
Initiative (EDI) -Special Project in the amount of $498,900 for acquisition of land to expand
the Bayfront Arts and Science Park.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kinnison, Noyola, and Scott voting "Aye"; Kelly abstaining; Longoria absent.
35.b. M2001-339
Motion authorizing the City Manager or his designee to execute all documents necessary to
accept and implement an Economic Development Initiative (EDI) -Special Project for the
acquisition of land to expand the Bayfront Arts and Science Park.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kinnison, Noyola, and Scott voting "Aye"; Kelly abstaining; Longoria absent.
35.c. ORDINANCE NO. 024564
Ordinance appropriating $498,900 subject to approval by the U.S. Department of Housing
and Urban Development in the No. 1050 Federal/State Grants Fund for the FY 2001
Economic Development Initiative -Special Project for acquisition of land to expand the
Bayfront Arts and Science Park.
An emergency was declared and the foregoing ordinance passed: Neal, Chesney, Colmenero,
Garrett, Kinnison, Noyola, and Scott voting "Aye"; Kelly abstaining; Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 36, arena land acquisition. City Secretary Chapa said
both Council Members Kelly and Scott would be abstaining on this item. There were no comments
Minutes - Regular Council Meeting
August 28, 2001
Page 24
from the audience. City Secretary Chapa polled the Council for their votes as follows:
36. M2001-340
Motion authorizing the City Manager or his designee to execute an earnest money contract
in the amount of $250,000 for acquisition of Lots 1 - 12, Block 72, Beach Addition located
south of the Corpus Christi Convention Center from TRT Development Company, for a
purchase price of $3,319,084 including closing costs, for the development of the new Multi -
Purpose Arena Facility and Convention Center Expansion and Rehabilitation Project, upon
receipt of funding.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kinnison, and Noyola voting "Aye"; Kelly and Scott abstaining; Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 37, South Texas Military Facilities Task Force. The
Mayor noted that the Council was given the source of funding for the resolution. There were no
comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
37. RESOLUTION NO. 024565
Resolution pledging active participation in and support for the mission and activities of the
South Texas Military Facilities Task Force.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
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Mayor Neal opened discussion on Item 38, zoning text amendments. He pointed out that the
provisions for bed and breakfasts will not be discussed until September 11, 2001. There were no
comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
38.a. M2001-341
Motion to amend prior to second reading to adopt Zoning Ordinance Text Amendments by
dividing the ordinance into two ordinances as follows:
(1) Ordinance "A" adopting the Zoning text amendments on second reading which are
unrelated to "Bed and Breakfast." This ordinance is hereby amended by substituting the
words "one -ton" for "two -ton" in the definition of commercial vehicle contained in
Article 3. Definitions, Section 3-1.29 Garage, Private.
(2) Ordinance "B" adopting the Zoning text amendments which pertain only to "Bed and
Breakfast."
Minutes - Regular Council Meeting
August 28, 2001
Page 25
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
38.b. ORDINANCE NO. 024566
Ordinance amending the Zoning Ordinance by revising Article 3, Definitions; "R-2" Multiple
Dwelling District Regulations; Article 8, "A-1" Apartment House District Regulations;
Article 8A, "A -1A" Apartment House District Regulations; Article 9, "A-2" Apartment
House District Regulations; Article 10, "AT" Apartment -Tourist District Regulations; Article
11, "AB" Professional Office District Regulations; Article 12A, `B -1A" Neighborhood
Business District Regulations; Article 14A, "BD" Corpus Christi Beach Design District
Regulations; Article 15, "B-3" Business District Regulations; Article 16, "B-4" General
Business District Regulations; and Article 22, Parking Regulations.
The foregoing ordinance passed on second reading, as amended, as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
38.c. M2001-342
Motion to table second reading of Ordinance "B" to the City Council meeting of September
11, 2001.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
38.d. ORDINANCE NO. 024567
Ordinance amending the Zoning Ordinance by revising Article 3 by adding a definition of
kennel and Article 20, Section 20-5 and Article 21, Section 21-6 by requiring buildings and
structures used to house animals, birds, and poultry at animal shelters, kennels, and
commercial establishments that raise animals, poultry, and birds within an "I-2" Light
Industrial District and "I-3" Heavy Industrial District to be set back at least 100 feet from any
required yard lines if abutting or adjoining a residential district.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
38.e. ORDINANCE NO. 024568
Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 6, Animal
Control, regarding conunercial permits, fees, and spacing requirements, and providing for
penalties.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Minutes - Regular Council Meeting
August 28, 2001
Page 26
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
38.f. ORDINANCE NO. 024569
Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 19, Food and
Food Establishments, regarding required separation between food establishments and kennels
and other businesses used to house animals, and providing for penalties.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 39, surplus land from the Corpus Christi State
School. Mr. Utter said this is a proposed agreement to purchase approximately 95 acres for not more
than $450,000. He said the land is being reappraised and if it comes in higher than $450,000 the city
does not have to purchase it. He thanked the members of the General Land Office and the Texas
Department of MHMR. Mayor Neal called for comments from the audience.
Ms. DeeLynn Torres, 617 Lansdown, presented the Council with information about the Top
Soccer, Express Soccer, and Soccer Start programs, which are non-profit groups. She said the
property being considered at the State School would benefit those programs and she said they have
additional funding to promote that facility.
Responding to Council Member Colmenero, Mr. Utter said the two cycles of CDBG funds
are being used to acquire the property. City Secretary Chapa polled the Council for their votes:
39. M2001-343
Motion approving an agreement between the City of Corpus Christi and the Corpus Christi
Industrial Development Corporation (CCIDC) for the City to fund $450,000 from the
Community Development Block Grant Program to the CCIDC to purchase land described
as 94.881 acres more or less out of a 197.17 acre tract being Tract G, as shown on Cliff Maus
Tracts C, D, E, F, and G of a subdivision of 248.566 acre tract out of portions of the L.M.
Hitchcock 96.24 acre tract, Lots 9, 10, 15 and 16, Section F, Lot 2, Section E, Paisley's
Subdivision of the Hoffman Tract, the Vineyard Tract and Lot 18, J. C. Russell Farm Lots,
Corpus Christi, Nueces County, Texas from the Commissioner of Texas General Land Office
on behalf of the Permanent School Fund and the Texas Department of Mental Health and
Mental Retardation and for the CCIDC to hold the land for the benefit of the City of Corpus
Christi and a future Texas Parks and Wildlife grant.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
Minutes - Regular Council Meeting
August 28, 2001
Page 27
Mayor Neal recessed the Council meeting for the meeting of the Corpus Christi Industrial
Development Corporation.
* * * * * * * * * * * * *
Upon reconvening, Mayor Neal called for the City Manager's report. Mr. Garcia reviewed
the items that are scheduled for the September 11, 2001 meeting, including a joint meeting with the
Corpus Christi Convention and Visitors Bureau.
Mayor Neal asked for an update on the tick infestation at the Animal Control facility. Mr.
Garcia said this is a seasonal problem which is worsened by the very inadequate conditions there and
the fact that many of the stray dogs brought in are covered with fleas and ticks. He said the ultimate
solution is for a new facility to be constructed, which was approved by the voters last November. Mr.
Jeff Beynon, Animal Control Supervisor, further described the specific problems with ticks
encountered at the Animal Control facility. He thanked the Coastal Bend Pest Control Association
for their assistance in dealing with that problem and citizens for donating tick -repellent collars.
The Mayor noted that the bond rating agencies gave the city excellent ratings for its sales tax
revenue bonds and he referred to a letter from Mr. Richard Leonard regarding the hazardous waste
disposal site. He also said there was a letter to the editor from Mr. Donovan regarding parking
vehicles on private property. City Attorney Bray said there are size limits for trucks in residential
neighborhoods and Mr. Garcia said a parked vehicle cannot obstruct a sidewalk; other than that,
there are no ordinances regarding that issue.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 9:00 p.m. on August 28, 2001.
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