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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 V tl ypi0%C Llic pi OpoStil South liutli Yaik Mas . * * * * * * * * * * * * * 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. * * * * * * * * * * * * * 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. * * * * * * * * * * * * *