HomeMy WebLinkAboutMinutes City Council - 04/22/2003I 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 April 22, 2003, which were approved by
the City Council on April 29, 2003.
WITNESSETH MY HAND AND SEAL, this 29th day of April 2003.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
April 22, 2003 - 1:28 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Henry Garrett
Council Members:
Brent Chesney
Javier D. Colmenero
Melody Cooper
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
City Staff:
City Manager George K. Noe
Acting City Attorney R. Jay Reining
City Secretary Armando Chapa
Recording Secretary Rebecca Huerta
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Father Jose A. Ortiz of Our Lady of Perpetual Help Catholic Church
and the Pledge of Allegiance to the United States flag was led by Council Member Melody Cooper.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the
required charter officers were present to conduct the meeting. Mayor Neal called for approval of the
minutes of the regular Council meeting of April 15, 2003. Council Member Rex Kinnison noted that
the minutes incorrectly listed the name of Mr. Bill Ward. A motion was made and passed to approve
the minutes as amended.
* * * * * * * * * * * * *
Mayor Neal referred to Item 2 and the following board appointments were made:
Landmark Commission
Geraldine McGloin (appointed)
Park and Recreation Advisory Committee
Clifford Bost (appointed)
Gloria Aguilar (appointed)
Gregory Perkes (appointed)
Sister City Committee
Sarah Hicks (appointed)
Elizabeth Iglesias (appointed)
* * * * * * * * * * * * *
Mayor Neal called for consideration of the consent agenda (Items 3-10). Council members
requested that Items 5 and 10 be discussed. City Secretary Chapa stated that Item 6 was being
withdrawn. There were no comments from the audience. A motion was made and passed to approve
Items 3, 4, 7, 8 and 9, constituting the consent agenda, except for Items 5 and 10 , which were pulled
for individual consideration. City Secretary Chapa polled the Council for their votes and the
following items passed by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly,
Kinnison, Noyola, and Scott, voting "Aye" (NOTE: An emergency was declared for items 8a, 8b
Minutes - Regular Council Meeting
April 22, 2003 - Page 2
and 9b).
3. MOTION NO. 2003-151
Motion approving a supply agreement with Koch Materials of Corpus Christi, Texas for
emulsion oil in accordance with Bid Invitation No. BI -0079-03, based on only bid, for an
estimated annual expenditure of $40,760 of which $13,584 is for FY2002-2003. The term
of the contract will be for twelve months with an option to extend for up to two additional
twelve-month periods subject to the approval of the supplier and the City Manager or his
designee. This material is used by Street Services for maintenance of city streets. Funds
have been budgeted by Street Services for FY2002-2003.
MOTION NO. 2003-152
Motion approving supply agreements with the following companies for the following
amounts for swimming pool chemicals in accordance with Bid Invitation No. BI -0077-03
based on low bid for an estimated annual expenditure of $42,540 of which $14,180 is for
FY2002-2003. 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
and the City Manager or his designee. Funds have been budgeted by the Park and
Recreation Department in FY2002-2003.
Valley Solvent
Corpus Christi, TX
Bid Items 1 & 2
$35,010
6. Mutioff authurithlg tl,
Brenntag SW, Inc.
Elmerdorf, TX
Bid Items 3 & 4
$7,530
Grand Total: $42,540
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27 WITHDRAWN
7. MOTION NO. 2003-154
Motion authorizing the City Manager or his designee to execute a construction contract with
CamRett Corporation of Corpus Christi, Texas in the amount of $37,145 for the Buccaneer
Little League Public Improvements, Phase 1 Re -Bid.
8.a. ORDINANCE NO. 025271
Ordinance authorizing the City Manager or his designee to implement the Participation
Agreement between the City of Corpus Christi and Hogan Development Co., L.P., in the
amount of $27,400 for construction of a Wastewater Service Line.
Minutes - Regular Council Meeting
April 22, 2003 - Page 3
8.b. ORDINANCE NO. 025272
Ordinance appropriating $27,400 from Hogan Development Co., L.P., in the No. 3430
Wastewater Capital Improvement Program Fund for construction on the Bill Witt Park
Wastewater Service Line Extension; amending Capital Budget adopted by Ordinance No.
025144 by increasing appropriations by $27,400.
8.c. MOTION NO. 2003-155
Motion authorizing the City Manager or his designee to execute a construction contract to
King -Isles, Inc. in the amount of $389,364.75 for the Bill Witt Park Wastewater Service
Extension.
9.a. MOTION NO. 2003-156
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$121,114 in funding from the Executive Office of the President, Office of National Drug
Control Policy, to support the Police Department's role in the Texas Coastal Corridor
Initiative in the Houston High Intensity Drug Trafficking Area.
9.b. ORDINANCE NO. 025273
Ordinance appropriating $121,114 in the No. 1050 Federal/State Grants Fund from the
Executive Office of the President, Office of National Drug Control Policy to support the
Police Department's role in the Texas Coastal Corridor Initiative in the Houston High
Intensity Drug Trafficking Area.
Mayor Neal opened discussion on item 5 on the agenda regarding a construction contract for
sewer line cleaning. Council Member Cooper asked how the areas to be serviced were selected.
City Engineer Angel Escobar replied that the areas were prioritized through the wastewater
department, focusing on the areas that actually have overflows into the streets. The Broadway area,
which is one of the oldest areas in town is a high priority. Finally, those areas with the most
maintenance related problems have also been prioritized. Ms. Cooper noted that it would be helpful
to publicize which areas were going to be worked on to let the citizens know that some of their
concerns were being addressed. Mr. Escobar said that he would be happy to give Ms. Cooper a list
of upcoming projects as well.
Council Member Kinnison asked why the low bid, which was $200,000 lower, was
disqualified. Mr. Escobar responded that the bid was disqualified because it had insufficient bid
bond. The city is required to obtain 5% bid bond of the total amount of the bid. Council Member
Kinnison observed that this was probably a small amount. He asked if there was a way to help
contractors to avoid minor mistakes so that the city does not have to spend more money. Mr.
Escobar responded that the engineering department does provide training to contractors during the
pre-bid conference, emphasizing exactly what is needed. He said that engineering staff provides
training and support to the contractors, but ultimately it is their responsibility to ensure that their bid
is complete. Mr. Kinnison asked why the main difference between the cost of the bids was in Area
1. Mr. Escobar said that the low -bid contractor is new to this type of work and has been trying to
Minutes - Regular Council Meeting
April 22, 2003 - Page 4
break into the Corpus Christi market.
Council Member Noyola commented that he understood it was the contractor's responsibility
to submit a complete bid, but he said that it was costing the taxpayers. He asked if the project could
be re -bid or if the item could be tabled. Mr. Escobar said that the special provisions of the bid make
it mandatory that he reject the bid for insufficient bid bond. The bid is considered non-responsive
if it omits this element among others, such as a signature on the proposal, and he is not allowed to
waive these provisions as required by law. Mr. Noyola made a motion to table this item for re -bids.
The motion died for lack of a second. Mr. Chapa polled the Council for their votes and the
following motion passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett,
Kelly, Kinnison, and Scott, voting "Aye"; Noyola voting "No".
5. MOTION NO. 2003-153
Motion authorizing the City Manager or his designee to execute a construction contract with
Chief Environmental Surveys of Houston, Texas in the amount of $574,823 for the
Miscellaneous Sewer Line Cleaning.
Mayor Neal opened discussion on item 10 regarding the Motor Vehicle Theft Enforcement
Grant. Council Member Garrett asked what percentage of that grant was allocated for salaries. He
said that this program placed a great deal of strain on the impound lot. Chief of Police Pete Alvarez
replied that the vehicles seized through this program are placed in the city's impound lot. However,
they sell the vehicles at auction and use the proceeds to further the motor vehicle theft task force.
He said that the bulk of the money does go towards salaries. Mr. Garrett asked if the grant money
could be used to improve the impound lot, which he said was too small and susceptible to flooding.
Chief Alvarez responded that it was a good suggestion and that he would check the grant guidelines
to see if this was an allowable use for the grant money. City Manager Noe added that staff
recognized the inadequacies of the impound lot and had discussed the problem during this year's
budget deliberations. If the grant funding was not available, he said that staff would ensure that it
was placed on the capital project list funded through the next bond program. Council Member Kelly
asked if staff was quantifying the impact the program had on auto thefts. Chief Alvarez replied that
under the grant guidelines, the city is required to quantify the impact. He said he would provide the
figures to Mr. Kelly, possibly in a City Manager's report.
Mr. Chapa polled the Council for their votes and the following resolution passed with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye".
10. RESOLUTION NO. 025274
Resolution approving the submission of a grant application in the amount of $485,662 to the
Texas Automobile Theft Prevention Authority (ATPA) to continue the Motor Vehicle Theft
Enforcement Grant within the Police Department for a third year.
* * * * * * * * * * * * *
Mayor Neal deviated from the agenda and referred to Item 12, and a motion was made,
Minutes - Regular Council Meeting
April 22, 2003 - Page 5
seconded and passed to open the public hearing on the following zoning case:
12. Case No. 0203-04, Harold Kronke: A change of zoning from a "R -1B" One -family Dwelling
District to a "B-4" General Business District on Tract 1 and "R-2" Multiple Dwelling
District on Tract 2. The property's legal description is Shell Road Poultry Acres, being
2.720 acres out of Blocks 7 and 8, located between Violet Road and Church Street and 500
feet north of Leopard Street. (Tabled from 4-15-03)
Mr. Chapa said that this case had been tabled last week. Mayor Neal said that the Council
had received a letter from Mr. Michael Gunning, Planning Director, asking that the item be tabled
for another week. Mr. Gunning said that the applicant, Mr. Kronke, had hired an engineering firm
to develop a drainage plan and then will meet with the neighborhood residents later this week to
demonstrate how they will address these problems. He said the applicant would also be sending a
letter to change their zoning request from a "B-4" to "B-1", which would be more beneficial to the
surrounding neighborhoods. Council Member Kelly asked engineering to check on including storm
water drainage improvements to this section of Violet Road as part of the next bond program. Mr.
Chapa noted that Council Member Scott was abstaining from the discussion and vote on this item.
A motion was made and passed to table this item for one more week with the following vote: Neal,
Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
*************
Mayor Neal deviated from the agenda and opened discussion on item 16 regarding the
collective bargaining agreement with the Corpus Christi Police Officers Association (CCPOA). City
Manager Noe said he was pleased with the spirit of cooperation between the city's team and the
CCPOA members and the outcome. He said that the four-year contract provided a degree of
stability in terms of labor costs for police during this time frame. Mr. Noe said he was informed by
Larry Young, CCPOA President, that the contract was presented to the association and it was
approved by the membership last night. Mayor Neal said that he appreciated the cooperation
between the two sides and said it was a good sign that they were moving toward responsible
negotiation. There were no comments from the audience. Mr. Chapa polled the Council for their
votes and the following motion passed with the following vote: Neal, Chesney, Colmenero, Cooper,
Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
16. MOTION NO. 2003-157
Motion authorizing the City Manager to execute on behalf of the City of Corpus Christi a
collective bargaining agreement with the Corpus Christi Police Officers Association
effective May 1, 2003 through July 31, 2006, as negotiated by City and associated
representatives.
* * * * * * * * * * * * *
Mayor Neal deviated from the agenda and referred to Item 11, and a motion was made,
seconded and passed to open the public hearing on the following zoning case:
11.a. Public hearing to consider amending the City of Corpus Christi Preservation Plan, an
element of the Comprehensive Plan, by adding four (4) "HC" - Zoning Designations and
Minutes - Regular Council Meeting
April 22, 2003 - Page 6
two (2) properties designated as a Potential Landmarks.
Mr. Michael Gunning said that staff would like to amend the city's Preservation Plan,
originally adopted in 1992, by adding four properties as part of the listing. The two properties to
be designated as potential historic landmarks are located on 1008 Furman Avenue and 356 Merrill
Drive. The four additional properties were zoned "HC" Historical -Cultural overlay districts and thus
should be listed within the Preservation Plan as well. He said the amendments would bring the
number of listed properties from 26 to 30. He said all the property owners in question had agreed
to the potential landmark designations and "HC" designations.
No one appeared in opposition to the recommended amendments. A motion was made and
seconded, and passed to close the public hearing. Mr. Chapa polled the Council for their votes and
the following ordinance passed with the following vote: Neal, Chesney, Colmenero, Cooper,
Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
11.b. First Reading Ordinance - Amending the City of Corpus Christi Preservation Plan, an
element of the Comprehensive Plan, by adding four (4) "HC" Landmark Zoning
Designations and two (2) properties designated as Potential Landmarks; and amending the
Comprehensive Plan.
* * * * * * * * * * * * *
Mayor Neal referred to the presentations on the day's agenda. Mr. Dan Whitworth, Director
of Park and Recreation, said that the Commission on Children and Youth had adopted a Master Plan
for 2003, and he introduced Ms. Gloria Jackson, Chairperson and Mr. John LaRue, Youth
Commissioner, who would be making the presentation. Ms. Jackson noted that the rates of child
abuse, truancy and the number of children living in poverty in Nueces County were greater than the
state and, in some cases, the national rates. She said that to improve the situation, the focus must
be on prevention and early intervention, along with an effective law enforcement and restitution
system. She said that there have been some successes, and she introduced fellow commissioner Ms.
Paula Rosenstein for a report. Ms. Rosenstein said that the commission's highlights included a
training for ad liteum attorneys, establishment of a quality child care committee, and serving as
advocates for the Juvenile Municipal Court and the Juvenile Assessment Center, which eventually
were established. They also serve as the advisory council for the Family Life Center Pilot Project,
a pilot program for at -risk students at Haas Middle School. Finally, the commission provides
support for grant submissions. Ms. Jackson recognized that the commission's successes are due in
part to their collaborations with many agencies and organizations.
Ms. Jackson said that the commission targeted several issues in their master plan, including
family conflict and maltreatment, juvenile crime and delinquency, inadequate educational
attainment, and information and accountability systems. She introduced representatives from several
service providers who support the commission's goals, including the Coastal Bend Alliance for
Youth (CBAY), Youth Opportunities United (YOU), and the Social Science Research Center of
Texas A&M University -Corpus Christi.
Council Member Cooper asked how the commission was going to encourage organizations
that work with children and youth to establish more family based activities as part of their programs.
Minutes - Regular Council Meeting
April 22, 2003 - Page 7
Mr. Whitworth said that the commission supports program enhancements to those agencies that are
providing programs that will address those identified risk factors in the community.
Ms. Cooper asked if they had compiled a database of agencies that would assist them in reaching
this goal. Mr. Whitworth said that CBAY had such a list and they would be accessing it. Ms.
Cooper said she supported the commission's goal but wanted to ensure that they would reach as
many agencies as possible. Ms. Cooper asked about the commission's plan to encourage the
establishment of a range of programs to prevent and intervene in situations of pre -teen and teenage
battering. She asked if the programs were in existence or if they were new programs. Ms. Linda
Hodge, Assistant Director of Programs in the Park and Recreation Department, said that CBAY is
the commission's instrument in reaching other agencies to collaborate in meeting this goal. Ms.
Cooper asked what legal services would be made available for juvenile delinquency. Mr. Whitworth
replied that the services were linked to the Juvenile Assessment Center and referrals to Municipal
Court. He also said that the ad liteum training for attorneys was also a way to provide legal services.
Ms. Jackson concluded the presentation by inviting the Council to the Community Celebration
Luncheon on May 16.
Mayor Neal referred to the next presentation on the agenda regarding proposed city projects
for the Metropolitan Planning Organization (MPO) Traffic Improvement Plan. Mr. Noe said that
the items being discussed today would be coming before the Council again next week for approval
and submission to the MPO. Mr. Escobar said that the MPO consists of the City of Corpus Christi,
the Regional Transportation Authority, the City of Portland, the Port of Corpus Christi, Nueces
County, San Patricio County and the Texas Department of Transportation. The MPO develops the
Traffic Improvement Plan (TIP) for 2004-2006, which lists the capital improvement projects to be
funded by both federal and state funds and matched with local funds. It is prepared every two years,
providing projections for projects over three periods. The plan is formally approved and funded by
TXDOT and the Federal Highway Administration. The projects are subject to funding on an 80/20
shared portion, 80% being state and federal funds and 20% being local funds. In December 2002,
the MPO Policy Committee approved the draft TIP to allow each agency to provide input on projects
they would like to see included. The current draft TIP, including the city's input, was approved by
the Technical Advisory Committee on April 17. For FY 2004, the recommended projects include:
ADA accessibility for South Staples Street between Leopard Street and Six Points, RTA facilities
for various bus pads, and Up River Road between Hunter Road and Suntide Road (county
sponsored).
Mr. Escobar also presented a prioritized list of the city's future street needs as perceived by
staff. In response to Council Member Scott's question, he said that the list was categorized in three
priority levels (one being the highest and three the lowest) and by type (new construction,
reconstruction or other street -related projects). Mr. Escobar said that the current draft TIP included
two additional projects that staff was recommending, the FM 2444 (South Staples between Oso
Creek and Chapman Ranch Road) and the SH 357 (Saratoga Boulevard between Crosstown to West
of Greenwood) projects. TXDOT is sponsoring the FM 2444 project, providing the 20% match.
To explain why the top priority projects, as shown in the future street needs assessment, were not
included in the TIP, Mayor Neal said that the April 2002 draft of the TIP was used to form the basis
of the city's CIP. He said that the city had prioritized the projects identified in the future street
needs list, for which there is no funding. The city's task today is to identify projects to include in
the TIP to become eligible for MPO state and federal matching funds. He said that the city did not
Minutes - Regular Council Meeting
April 22, 2003 - Page 8
normally include a large, high dollar project, like the Aaron Drive project identified as a top priority
under new construction, because it would exhaust almost all the available funding for only one
project. Currently, there is approximately $6 million in MPO funds. He said that future discussions
regarding the next bond program would hopefully give the city the opportunity to select more
projects from the list.
For FY 2005, the TIP includes the following projects: ADA accessibility on South Staples
from Six Points to Louisiana, FM 624 from US 77 to River Hills Drive, Adkins Drive (Lang Road
to Wildcat Drive), RTA Facilities (various bus pads), County Road 52 (US 77 to FM 1889), Holly
Road (Crosstown to Greenwood) and Port Avenue (IH 37 to Mesquite). The Technical Advisory
Committee recommended adding the Holly Road and Port Avenue projects. For FY 2006, the TIP
is recommending the following projects: Cimarron Road (Saratoga to Yorktown), SH 358 (SPID),
ADA accessibility (Downtown), South Loop corridor (Feasibility Study and Environmental
Assessment) and RTA facilities (various bus pads).
Mr. Escobar concluded his presentation by saying that the Transportation Policy Committee
will act on the FY04-06 TIP on May 1, 2003 and then it will be transmitted electronically to
TXDOT. In October 2003, the Federal Highway Administration will approve and then fund the
projects.
Council Member Colmenero observed that most of the projects being chosen are arterials.
Mr. Escobar confirmed that the focus was on projects that were arterials and collectors. In response
to Mr. Colmenero's question, Mr. Escobar said that staff is trying to be as creative as possible in
determining uses for the funds. He said that for the Port Avenue project, for example, the city may
be able to use 4A funds to sponsor the local match because improvements to Port Avenue would aid
the economic development of the area. Council Member Scott questioned the use of 4A funds for
Port Avenue. Mr. Noe said that one of the options for funding the redevelopment of the North side
could be 4A funding, but it wasn't a set commitment. Mr. Ron Massey, Assistant City Manager,
said that the inclusion of the Port Avenue project in the TIP does not make a decision on how the
city will fund the 20% match. Mr. Scott asked why Waldron Road in front of Flour Bluff High
School did not make the TIP funding list. Mr. Massey responded that staff is trying to focus MPO
funds on capacity improvements. He said the Waldron Road project would be a good candidate for
a bond issue project.
Council Member Noyola asked that Bear Lane between Old Brownsville Road to Joe
Mueller Road could be added to the list for consideration. Council Member Bill Kelly commented
that improvements to Port Avenue would be necessary to improve access to the baseball stadium.
He said that Port Avenue improvements are an integral part of the project. He said he did not think
it was inappropriate to use 4A funds for Port Avenue improvements. He also said that he thought
Buddy Lawrence Drive was in terrible condition and he was glad that it was included on the future
street needs list.
Mayor Neal referred to the next presentation on the agenda, regarding the Padre Island
desalination plant. Mr. Escobar said that this was the first briefing on the plant to provide the project
feasibility study and siting plan. The final assessment and findings will be presented to the City
Council in June 2003. He introduced Mr. John Heckler with Carollo Engineers who would be
providing the report. Mr. Heckler said that the project objectives included improving the reliability
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April 22, 2003 - Page 9
of water supplies to Padre and Mustang Islands, providing additional capacity, providing cost-
effective solutions and meeting the city's schedule for improvements. He identified several tasks
that had to be evaluated and addressed. The first task was to identify the hydrogeology and source
water options to be had in the area. Mr. Heckler said that the Chicot Aquifer, the Evangeline
Aquifer and the Gulf of Mexico itself were the three sources in the area that could sustain reverse
(RO) osmosis production rates of up to 5 million gallons per day (MGD). He said that the Chicot
Aquifer, since it had the lowest salinity concentration, would have the highest recovery rates with
the smallest facility footprint for the treatability. He said that the team was surprised to discover that
the Evangeline Aquifer and the Gulf of Mexico water would cost about the same to treat. He said
that by-product disposal is a challenging aspect of the project and that the preferred methods would
be ocean outfall and deep well injection, the latter being commonly used in this area. The issues
involved in by-product disposal are working with local experts to avoid impacts on wildlife and
wetlands and the permitting lead time, which is averaging 13-15 months. He said that the permitting
project is dependent on the site location and final design of system components.
Mr. Heckler said that the most expensive component of the project is the treatment
component. His team attempted to find ways to produce a water delivery system that would
minimize the treatment cost. One method would be to maximize storage capacity at the island. He
said that the method that has the most merit is aquifer storage and recovery (ASR). It involves
storing treated water during times of low demand in the winter, generating a "bubble" within the
existing aquifer. He said it could reduce the capital cost of a treatment facility by half and still meet
peak demands. Council Member Scott asked if the water in the "bubble" was treated and if so,
would it need to be treated again upon usage. Mr. Heckler replied that the water was treated and
would only need to be disinfected. Council Member Colmenero asked if the geology on the island
would allow this type of system. Mr. Heckler replied that it does appear the geology has a high
potential for the application of ASR. He concluded that the team's goal was to form a balance
between minimizing treatment costs and maximizing storage to make the project more viable.
Regarding the facility siting, he said that it has not been completed. Sites under
consideration include the Nueces County Water District site, Padre Island Pumping Station, the
Nueces County Packery Channel Park and the city -leased General Land Office parcel. He said that
the finished water transmission alternatives would best be evaluated at the end when the site
recommendation was ready to be made. Under public involvement, the team identified several key
issues that the community had expressed, including property and environmental/quality of life
impacts, water availability and water pressure and the project cost. He said that more forums are
being scheduled to develop a long-term public outreach plan. For funding options, he cited grants,
United States Bureau of Reclamation opportunities for demonstration project and potential research
funding. He also emphasized that the project has a unique pay-as-you-go feature, tailored to the
community's needs. The project delivery could include the traditional design -bid -build process or
design -build process, which is currently not allowed for utility projects but pending legislation could
change that. Public-private partnerships would also be an option. Finally, he said that the team
would be ready to deliver their recommendations to the Council on June 24, 2003. The project
completion date is anticipated for December 2006.
Council Member Scott asked what the source of the water would be. Mr. Heckler said that
the most favorable source at this time is the Chicot Aquifer. Mr. Scott asked if the by-product from
the Chicot Aquifer would have to be disposed of three miles away by pipeline, for example. Mr.
Minutes - Regular Council Meeting
April 22, 2003 - Page 10
Heckler said that at the moment, the most favorable way of disposing the water would be through
deep well injection. In reply to Mr. Scott's question, Mr. Heckler said that by-product disposal is
the second largest single cost of the project. Mr. Scott asked about the stability of the project during
a hurricane. Mr. Heckler replied that the RO facility is in a fairly resistant structure. Mr. Ed Garana,
Water Superintendent, said that the island would have low demand for water right after a hurricane.
He said the demand would be fed temporarily off the existing pipeline until staff could resurrect the
primary source. He said the ASR would be resurrected first because it is the easiest and then the RO
Plant would be addressed. Mr. Scott asked where else the ASR process was being used. Mr.
Heckler responded that it was used in El Paso and Kerrville. Mr. Scott asked if there was a noise
factor involved. Mr. Heckler replied that the facilities can be enclosed to the point that there is no
sound or vibration.
Council Member Cooper asked for more information on funding sources. Mr. Heckler
named the Bureau of Reclamation and the Power Research Institute, and private funding. In answer
to Ms. Cooper's question, Mr. Massey said that the assumption is that the city will be funding the
project through the capital budget for water. Council Member Kinnison asked what costs to the
consumer would not be pass through costs. Mr. Massey replied that the cost of water from the plant
would qualify for inclusion in the raw water cost. A portion of the water would be classified as
treated water and would be included in the city water rates. He asked what the water consumption
on the island is now. Mr. Garafia answered that it was 2-3 MGD but that they were asking for a
facility that would produce 5 MGD to account for future growth. Mayor Neal asked if the
anticipated maximum capacity for the Chicot Aquifer could reach 30 MGD. Mr. Andrew Chastain -
Howley with the Carollo team, said he thought that was realistic, depending on the withdrawal
facilities. He said the real issue was how many wells it would take to extract the water. Mayor Neal
said that moving towards Port Aransas, there are many master development plans being developed
for the island and he is trying to plan for the future by seeing how much water capacity is available
from the proposed RO plant. Mr. Heckler said that one of the benefits of ASR is that you can use
it at the point of demand. He said that staff and his team are also planning for the potential growth
on the island.
* * * * * * * * * * * * *
Mayor Neal announced the executive sessions, which were listed on the agenda as follows:
17. Executive session under Texas Government Code Section 551.071 regarding Esmeralda
Cantu Gavlik v. Albert Garcia and City of Corpus Christi; Cause No. 02-61406-2; In the
County Court at Law No. 2, Nueces County, Texas, with possible discussion and action in
open session.
The Council went into executive session.
* * * * * * * * * * * * *
The Council returned from executive session and Mayor Neal called for the City Manager's
report. Mr. Noe reported that staff would be presenting the financial policies review and the five-
year financial forecast next week. A update on Bond 2000 and a presentation on the new building
code were also being scheduled. He also noted that the Council Retreat is scheduled for May 6 and
Minutes - Regular Council Meeting
April 22, 2003 - Page 11
a joint luncheon is scheduled on May 13 with the Regional Transportation Authority.
Mayor Neal called for Council concerns and reports. Mayor Neal asked if the city was
assisting the military with their electrical and utility costs. Mr. Massey answered negatively. Mayor
Neal said that he understood that the military was going through a bidding process on their utilities
and he asked staff to investigate.
Council Member Chesney said that the next town hall meeting would be held on Monday,
May 5 at 6:00 p.m. at Schanen Elementary. He also mentioned that Club 98.3 was having a Support
Our Troops rally tomorrow at Cole Park and invited the citizens to participate.
Council Member Noyola also encouraged citizens to attend the Support Our Troop Rally.
He mentioned that a former city employee of thirty-three years, Mr. Guadalupe Quintero, had passed
away.
Council Member Kelly said that he read two letters from residents on Crestwater and
Lawnview concerned about the deterioration of the sidewalks on their streets. Mr. Noe confirmed
that the city was not going to replace the sidewalks. He also asked about a letter from a woman
residing on Bayou Court who was complaining about water pooling in front of her home. Mr. Noe
said that there was a substantial waiting list for curb and gutter improvements because of limited
funds.
Council Member Scott asked if the Council could have a joint luncheon with the Downtown
Management District. Mayor Neal said he thought it would be a good idea. Mr. Scott asked about
the single -occupant residents and the elimination of parking requirements, saying that the Downtown
Management District had an issue with this. Mr. Noe said he would follow-up on this matter. He
complimented the city and the police officers association on their agreement. He complimented Mr.
Noe on statements he made at the Economic Development Corporation luncheon about working with
the EDC. He asked if staff had met with the Pharaoh Valley Association regarding the Oso
Treatment Plant. Mr. Massey said that Wastewater Superintendent Foster Crowell had spoken with
the president of the association and is in the process of setting up a date. He asked for a status on
the installation of park equipment at Pharaoh Park. Mr. Dan Whitworth, Director of Park and
Recreation, said he has given them a schedule for the installation and he believes that May 19 is the
date for installation. Mr. Scott complimented Mr. Whitworth on the National Little League's facility
lighting. Finally, Mr. Scott complimented everyone involved with the Packery Channel project.
Council Member Cooper said that she has reviewed Mr. Tom Utter's contracts and she says
that as an attorney, she feels that they are in order. She asked staff to look into a constituent concern
made by Mary Pantoja on 3425 Longview, who says that the city damaged her driveway.
Council Member Chesney asked again if the city was in compliance with TMRS rules
regarding Mr. Tom Utter. Acting City Attorney Jay Reining said that the city was in compliance.
He also asked for a status on the Landry's project. Mr. Noe said that the two legal teams are
negotiating and he will report back to the Council on their schedule. Mr. Chesney asked if staff had
followed up with the Air Conditioning Association concerns. Mr. Noe said that there was a memo
in the Council's packet this week addressing some of their concerns.
Minutes - Regular Council Meeting
April 22, 2003 - Page 12
Council Member Colmenero asked if, in preparation for the Council retreat, staff could
prepare maps on TIP, residential and any other major projects so that the Council could consider
them for not only this fiscal year, but future fiscal years. Mr. Noe said that staff would probably not
be able to compile this information in time for the May 6 retreat. Mr. Colmenero asked for some
preliminary figures if possible. He also asked for a list of ADA needs. Mr. Noe said that the
transition plan which the Council adopted several months had a detailed listing of the highest
priority ADA improvements. He said he would provide it at the retreat. Mr. Colmenero also asked
for information on park maintenance to review at the retreat.
Council Member Garrett commended Mr. Noe for the contract with the Police Officers
Association, saying that it seemed to be a fair contract for both sides involved. He asked for a status
on the 16 houses on McArdle Road that the city was going to purchase. Mr. Escobar reported that
the houses had been purchased and the last of two residents had moved out of their houses.
He said the project was on schedule. Mr. Garrett asked Mr. Noe to look into the ADA ordinance
for this project.
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Mayor Neal called for petitions from the audience. Mr. CliffAtnip, 358 University, spoke
regarding the Second Baptist Church lawsuit, asking the city to consider settling the lawsuit or
allowing the case to go to court. Mayor Neal said that he has asked Mr. Noe to place this issue on
the agenda for next week.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 5:15 p.m. on April 22, 2003.
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