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HomeMy WebLinkAboutMinutes City Council - 06/24/2003I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Jeff* Meeting of the Corpus Christi City Council of June 24, 2003, which were approved by the City Council on July 8, 2003. WITNESSETH MY HAND AND SEAL, this 8th day of July 2003. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 24, 2003 - 2:04 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Henry Garrett Council Members: Brent Chesney Javier D. Colmenero Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott ABSENT Council Member: Melody Cooper 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 Council Member Chesney and the Pledge of Allegiance to the United States flag was led by Boy Scout Troop #22. 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 June 17, 2003. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 2-20). City Secretary Chapa stated that Council Member Noyola was abstaining from the discussion and vote on Items 6 and 18. Council members requested that Items 3, 8, 11 and 19 be discussed. There were no comments from the audience. A motion was made and passed to approve Items 2 through 20, constituting the consent agenda, except for Items 3, 8, 11 and 19, 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, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent (NOTE: Noyola abstained on items 6 and 18; an emergency was declared on items 4b, 5, 7b, 13a, 14b, 15b, 17, and 18). 2. MOTION NO. 2003-217 Motion setting a Public Hearing on the Proposed FY2003-2004 Operating Budget during the Regular Council Meeting of July 8, 2003. 4.a. RESOLUTION NO. 025344 Resolution authorizing the City Manager or his designee to execute Amendment No. 1 to the contract with the Texas State Library and Archives Commission for a grant increase of Minutes - Regular Council Meeting June 24, 2003 - Page 2 $5,114 to augment funds to purchase new computer, upgrade software, and to continue operations of the Inter -library Loan Center. 4.b. ORDINANCE NO. 025345 Ordinance appropriating an additional $5,114 grant from the Texas State Library and Archives Commission in the No. 1050 Federal/State Grants Fund to augment funds to purchase new computer, upgrade software and operation of the Inter -Library Loan Center. 5. ORDINANCE NO. 025346 Ordinance appropriating $12,936.30 in the No. 4720 Community Enrichment Fund for Bay Jammin' Concerts and Multicultural Programming. 6. MOTION NO. 2003-219 Motion authorizing the City Manager or his designee to execute Amendment No. 4 in an amount not to exceed $165,400 with Anderson Group Construction Management, Inc. of Corpus Christi, Texas to extend construction management, project liaison and inspection services for the Corpus Christi International Airport through November 2003. 7.a. RESOLUTION NO. 025347 Resolution authorizing the City Manager or his designee to accept $40,000 from the Corpus Christi Beach Association for the Corpus Christi Beach Boardwalk Project. 7.b. ORDINANCE NO. 025348 Ordinance appropriating $40,000 from the Corpus Christi Beach Association in the No. 1050 Federal/State Grants Fund for the Corpus Christi Beach Boardwalk Project. 9. RESOLUTION NO.025350 Resolution authorizing the City Manager or his designee, to execute and Advanced Funding Agreement with the Texas Department of Transportation for preliminary engineering and bridge construction associated with the following Bridge Replacement Projects: Wooldridge Road, Kingsbury Lane and Lexington Road. 10. MOTION NO. 2003-221 Motion authorizing the City Manager or his designee to execute a construction contract with McAllen Construction, Inc. of McAllen, Texas in the amount of $309,500 for the Kinney Street Storm Water Pump Stations. 12. MOTION NO. 2003-223 Motion authorizing the City Manager or his designee to execute a contract to be activated Minutes - Regular Council Meeting June 24, 2003 - Page 3 only in the event of a hurricane or other disaster with D & J Enterprises, Inc. of Auburn, Alabama for Debris Management: Clearing, Removal and Disposal for Post Hurricane/Disaster Recovery Operations. 13.a. ORDINANCE NO. 025351 Ordinance appropriating $187,484 in unappropriated interest earnings from the Water Capital Improvement Program Fund No. 4081 (1994 Revenue Bond) for Park Road 22, 12" Waterline Relocation; amending Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $187,484. 13.b. MOTION NO. 2003-224 Motion authorizing the City Manager or his designee to execute an emergency procurement with Berry Contracting, LP dba Bay Ltd. of Corpus Christi, Texas in the amount of $187,484 for the Park Road 22, 12" Waterline Relocation. 14.a. MOTION NO. 2003-225 Motion approving the reimbursement application submitted by ONAC Developers, Inc., owner and developer of Bordeaux Place Unit 1 Subdivision, (who has completed construction of the full street), for reimbursement of developer's contribution for in lieu of half street construction of Brockhampton Street as was required by the development of Bordeaux Place Unit 1 Subdivision and approved by City Council Ordinance No. 024769 on February 19, 2002. 14.b. ORDINANCE NO. 025352 Ordinance appropriating $2,890 from the Infrastructure Fund, Brockhampton Street Subaccount No. 4730-21654-263037, to pay ONAC Developers, Inc. request for reimbursement in accordance with the Platting Ordinance, to fund construction of half street (with supporting public utility infrastructure) required by development of Bordeaux Place Unit 1 Subdivision, said construction having previously been deferred for cash in lieu of construction during platting. 15.a. MOTION NO. 2003-226 Motion approving the reimbursement application submitted by Marsha Jill Kovar, owner and developer of Noakes Partition, Lot 3, Block 2 for the installation of 300 linear feet of a 8 - inch PVC water distribution main. 15.b. ORDINANCE NO. 025353 Ordinance appropriating $5,403 from the Water Arterial Transmission and Grid Main Trust Fund No. 4030-209010 to pay developer reimbursement request for the installation of 300 linear feet ofa 8 -inch PVC water distribution main to develop Noakes Partition, Lot 3, Block 2. Minutes - Regular Council Meeting June 24, 2003 - Page 4 16. MOTION NO. 2003-227 Motion authorizing the City Manager or his designee to execute Amendment No. 12 to the engineering services contract with Shiner, Moseley & Associates of Corpus Christi, Texas in the amount of $158,154 for the Seawall Reconstruction Project Major Storm Water Outfall Condition Assessment (Phasel). 17. ORDINANCE NO. 025354 Ordinance amending Section 9-37 of the Code of Ordinances relating to the consumption of alcoholic beverages upon the property of the Corpus Christi International Airport; providing for penalties. 18. ORDINANCE NO. 025355 Ordinance appropriating $11,467.84 in unappropriated interest earnings in Airport 1992 Capital Improvement Program Fund No. 3023 for the Airport Terminal Project; amending FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $11,467.84. 20. ORDINANCE NO. 025356 Second Reading Ordinance - Authorizing the City Manager or his designee to amend an existing five-year lease with Texas A & M University Corpus Christi for the use of the area located adjacent to the northern most hobie cat launching ramp on North Beach and the area located on the north side of Ocean Drive right-of-way on Ward Island to extend the term of the lease to five years following the effective date of the lease and to include the use of a part of the area east of the public parking lot described as Padre Island - Corpus Christi, Section A, a subdivision of Padre Island, Nueces County, Texas as shown by map or plat thereof recorded in Volume 33, page 97, in consideration for the installation and operation of two CODAR Radio Towers and providing for the maintenance of the premises. (First Reading - 05/27/03) Mayor Neal opened discussion on item 3 regarding a supply agreement for mosquito insecticide. Council Member Kelly asked if the insecticide being purchased was an upgrade from last year's program. Mr. Michael Barrera, Director of Materials Management, answered that staff would be following the same program and using the same insecticide because they felt it had proven to be very effective in reducing the mosquito population. He said that the one change from last year was that staff was purchasing the insecticide on an annual contract so that it would be readily available when needed, instead of having to come to the Council or make an emergency purchase each time the chemical was needed. Council Member Kelly asked if staff was making any effort to strengthen the program since mosquitoes have been confirmed to carry St. Louis encephalitis once again this year. Dr. Ardys Boostrom, Acting Director of Public Health, said that staff did not feel that the program needed to be upgraded. Council Member Kelly asked if staff was satisfied with the results from last year's program. Dr. Boostrom replied affirmatively. Mr. Jorge Cruz-Aedo, Assistant City Manager, added Minutes - Regular Council Meeting June 24, 2003 - Page 5 that the vast majority of the purchase was for an insecticide called Scourge, the best and most effective insecticide available for combating mosquitoes. He said that staff was sparing no effort to ensure the best possible protection for the community, recognizing that mosquito eradication was impossible. Council Member Kelly asked if staff was satisfied that the fleet of mosquito spraying trucks was sufficient to distribute the spray. Dr. Boostrom replied that staff felt they had adequate levels of staffing and equipment to administer the program. She added that the program would focus on parafocal spraying, focusing on the areas with confirmed reports of disease -carrying mosquitoes. Once viruses are confirmed beyond a 20 to 30 mile radius, she said that personal protection becomes key. City Manager Noe commented that additional efforts would be made to educate the public on what they can do to protect themselves. Assistant City Manager Cruz-Aedo added that mosquito spraying was only one aspect of the program. He said that the most effective part of the program was the larvicide program, which attacked the mosquitos at the larvae stage, especially in the city's storm water system. Even with these efforts, Mr. Cruz-Aedo cautioned the public that personal protection was essential to ensure their safety. He said the Health department was promoting the public's use of the four "D"s: avoiding outside exposure at DUSK or DAWN, using DEET, wearing proper DRESS and maintaining good DRAINAGE. Council Member Kelly asked if the city kept track of the mosquito population. Dr. Boostrom replied affirmatively, saying that different two surveillance methodologies were being used. Council Member Kelly asked if the mosquito population was effectively being reduced. Dr. Boostrom replied affirmatively. Council Member Noyola commented that the insecticide was quite expensive. Dr. Boostrom agreed, but said it was highly effective and environmentally friendly. Mr. Noyola asked how long the product would last. Dr. Boostrom replied that the proposed five -drum purchase would last through the first week of August 2003. In response to Council Member Kinnison's question, Dr. Boostrom said that staff was planning to make public service announcements on personal protection tips. Council Member Colmenero asked if the price for the insecticide was locked in at this price or if it was volatile. Mr. Barrera replied that the price was volatile because the demand has increased for the product, and that the contract would lock the price in until the first of January. City Secretary Chapa polled the Council for their votes, and the following ordinance passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 3. MOTION NO. 2003-218 Motion approving a supply agreement with B&G Chemicals & Equipment Co., Inc. of Houston, Texas for mosquito insecticide for an estimated annual expenditure of $304,944.75, of which $101,648.25 is for FY 2002-2003. The term of the supply agreement will be for twelve months with an option to extend the contract for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. The insecticide will be used by the Vector Control Division of the Health Department. Funds have been budgeted by the Health Department in FY2002-2003. Minutes - Regular Council Meeting June 24, 2003 - Page 6 Mayor Neal opened discussion on item 8 regarding utility service assessments. Mayor Neal asked for more information on this item. City Engineer Angel Escobar explained that this item was geared to determine whether current utilities required any improvements and to determine the cost of the improvements to prepare for any proposed economic development in the city. Mayor Neal asked if this new development was being coordinated by the 4A board, otherwise known as the Corpus Christi Business and Job Development Corporation. City Manager Noe replied affirmatively. Mayor Neal asked why these utility needs were being paid from the water fund rather than from the 4A fund. Mr. Kevin Stowers, Assistant Director of Engineering Services, replied that the rationale was that the water and wastewater departments would need to have the appropriate infrastructure in place to provide support for these large commercial developments as their customers. Council Member Kinnison asked if any projects had already been identified for development or if the funds would be used on an as needed basis. City Engineer Escobar replied that the projects would be identified through the Economic Development Office headed by Mark McDaniel, and that the funds would be used as needed. City Manager Noe added that the intent was to allow the city to respond more quickly to meet the needs of potential prospects. City Secretary Chapa polled the Council for their votes, and the following items passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. (NOTE: An emergency was declared for item 8a) 8.a. ORDINANCE NO. 025349 Ordinance appropriating $75,000 in unappropriated interest earnings from the Water Capital Improvement Program Fund No. 4080 for engineering assistance to evaluate utility needs for development proposals submitted to the Corpus Christi Business and Job Development Corporation; amending Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $75,000. 8.b. MOTION NO. 2003-220 Motion authorizing the City Manager or his designee to execute and engineering services contract in an amount not to exceed $150,000 with MEI Govind, Inc. of Corpus Christi, Texas for utility service assessments to support initiatives associated with Corpus Christi Economic and Job Development Board. Mayor Neal opened discussion on item 11 regarding a contract for the disposal of hazardous waste during a hurricane. Council Member Kinnison stated that he understood that this contract was a contingency only. He noted that the budget did not include the costs associated with this item. However, he asked staff to confirm that in the event of a hurricane, the event would be eligible for FEMA reimbursement for 75 percent, and the remainder would be funded through the reserve fund. Staff confirmed that this was the case. City Secretary Chapa polled the Council for their votes, and the following motion passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 11. MOTION NO. 2003-222 Motion authorizing the City Manager or his designee to execute a contract to be activated Minutes - Regular Council Meeting June 24, 2003 - Page 7 only in the event of a hurricane or other disaster with Ash Britt Environmental of Pompano Beach, Florida in the amount of $1,151,892 for the Collection Characterization and Disposal of Hazardous Waste during Post Hurricane/ Disaster Recovery Operations. Mayor Neal opened discussion on Item 19 regarding the FY 2001 Consolidated Plan. Council Member Kinnison stated that it appeared that approximately $73,000 in funds had been released as a result of this item, and he asked when the funds were scheduled to be reprogrammed and used on another project. Ms. Mary Dominguez, Director of Neighborhood Services, replied that staff was actually trying to get this project back on track so the full funding would be utilized. In response to Mr. Kinnison's question, Ms. Dominguez replied that the Ballet Nacional had committed $13,900 of their own funding in addition to the approved CDBG funding. Mr. Kinnison noted that the Ballet Nacional would not rehabilitating the building in the Port area as proposed, but was instead going to carry out the project at their dance studio at 4411 Gollihar. City Manager Noe added that staff was going to bring a reprogramming request to Council within the next month consisting of unanticipated funds that were generated last year. Mayor Neal asked whether the Gollihar area was eligible for CDBG funding. Ms. Dominguez replied that it was ineligible, but the Ballet Nacional could meet the national objective of 51 percent of low to moderate income participants by providing income information on the individuals using the facility. Mayor Neal asked if staff would obtain this information before the appropriation. Ms. Dominguez replied affirmatively. Council Member Noyola asked what the consequences would be if they did not meet the 51 percent. Ms. Dominguez replied that the city would not release the funding if they did not meet the 51 percent. Council Member Kinnison asked if the project would have to maintain that usage over the life of the project. Ms. Dominguez replied that they would only have to maintain the usage over approximately 10 to 15 years because the funding was being used to rehabilitate the building. Council Member Kinnison asked if staff was prepared to monitor their compliance with this usage level. Ms. Dominguez replied that staff would be evaluating their usage on an annual basis. Mayor Neal asked what would happen if the group rehabilitated the building and then moved out. Ms. Dominguez replied that the contract would require the group to reimburse the city for a prorated amount. In response to Mayor Neal's question, Ms. Dominguez said that the contract would ensure that the city would not lose its funding over a short period of time. She added that many of the participants were children who were low-income and lived in some of the more economically distressed areas in the city. Council Member Noyola expressed his concern that the city was going to have spend resources to ensure that the project was in compliance. City Manager Noe added that the reason the issue was coming before the Council because it was a change from the previous agreement. He said it was at the Council's discretion whether or not to approve the project. He noted that staff has negotiated the best deal for the city to move the project forward with the right kind of guarantees from the group, but there was a higher level of risk than with the first alternative. Council Member Colmenero asked if this was an atypical project in that it was combining private and public sector funds. Ms. Dominguez replied that most applicants have to make some type of commitment to obtain the funding for their project. Mr. Noe added that there have been some projects in the recreation areas where staff relied on the percentage of participants as opposed to the solely the area, and that it was not an unusual project in this respect. Minutes - Regular Council Meeting June 24, 2003 - Page 8 Council Member Scott asked if the Black Foundation had pulled out of this project. Ms. Dominguez confirmed that they had pulled out of the project because they could not commit to a fifteen -year lease. Council Member Scott expressed his concern that the Black Foundation was no longer involved because he had based his decision to approve the project on their involvement. City Secretary Chapa polled the Council for their votes, and the following motion passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola voting "No"; Cooper was absent. 19.a. MOTION NO. 2003-228 Motion authorizing the City Manager or his designee to amend the FY 2001 Consolidated Annual Action Plan. 19.b. MOTION NO. 2003-229 Motion authorizing the City Manager or his designee to execute an agreement with Ballet Nacional for improvements to the facility at 4411 Gollihar Road. * * * * * * * * * * * * * Mayor Neal deviated from the agenda and referred to item 23, a presentation on the July 4th Big Bang Celebration. Ms. Diana Z. Garza, Assistant to the Mayor, provided a report on the scheduled events. She noted that the time for the parade was being moved to 6:00 p.m. to better cope with the heat. She introduced Ms. Debbie Lindsey -Opel with 1 -1 -E -B, Mr. Steve Hinneman with the Buccaraders Parade organization and Ms. Pat Eldridge with the Junior League, who would be providing more detailed reports on each of the events. Mr. Hinneman reported on the 4th of July Stars and Stripes parade Ms. Lindsey -Opel reported on H -E -B's coordination of an All -America City essay contest, the 16"' Annual Fireworks display, and the Children's Area. Finally, Ms. Eldridge reported on the Junior League's coordination of a Biergarten, with the proceeds going towards several community projects. Finally, Ms. Garza noted that Whataburger has sponsored the t -shirts for this event. * * * * * * * * * * * * * Mayor Neal referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0503-04, Flint Hills Resources, L.P.: A change of zoning from a "R -1B" One - family Dwelling District and "A-1" Apartment House District to a `B-1" Neighborhood Business District on Nueces Bay Heights, Block 22, Lots 1 through 20, located between Nueces Bay Boulevard and Floral Street and between Hulbirt and Noakes Streets. City Secretary Chapa said the Planning Commission and staff recommended the denial of the `B-1" District, and in lieu thereof, approval ofa Special Permit for a temporary off-street parking lot. No one appeared in opposition to the zoning change. Mr. Noyola made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Mr. Chapa polled the Council for their votes Minutes - Regular Council Meeting June 24, 2003 - Page 9 as follows: 21. ORDINANCE NO. 025357 Amending the zoning ordinance upon application by Flint Hills Resources, LP, by changing the zoning map in reference to Nueces Bay Heights, Block 22, Lots 1 through 20, (currently zoned "R -1B" One -family Dwelling District and "A-1" Apartment House District) by granting a special permit for a temporary off-street parking lot subject to a site plan and seven (7) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal referred to Item 22, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0503-05, Robert A. May: A change of zoning from a "A-1" Apartment House District to a "B-4" General Business District on Flour Bluff and Encinal Farm and Garden Tracts, being 1.435 acres out of Lot 12, Section 28, located east of Lexington Road and approximately 250 feet south of South Padre Island Drive. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "B-4" General Business District. No one appeared in opposition to the zoning change. Mr. Garrett made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: 22. ORDINANCE NO. 025358 Amending the zoning ordinance upon application by Robert A. May by changing the zoning map in reference to 1.435 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 28, Lot 12, from "A-1" Apartment House District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. The first presentation was regarding the proposed Padre Island desalination plant. Assistant City Manager Ron Massey stated that the purpose of today's presentation was to receive the report from Carollo Engineers on the feasibility study for the desalination plant. He introduced Mr. John Heckler with Carollo Engineers, who would be making the presentation. Minutes - Regular Council Meeting June 24, 2003 - Page 10 Mr. Heckler said that the presentation would reveal the key findings and recommendations from the assessment for Stage 1 of this project. First, he stated that the Chicot Aquifer was the recommended water source because it was the lowest -cost water source evaluated. Second, he stated that concerns about subsidence and groundwater pumping could be addressed by proper design of the source water well field. Third, he said that the preferred method for by-product disposal would be deep -well injection. Fourth, he stated that aquifer storage and recovery (ASR) appears to be a feasible, cost effective means of optimizing the project. Fifth, he said that the project could be permitted, but the process would take approximately 15 months. Finally, Mr. Heckler stated that staff has determined that there was considerable resident interest in the ASR and desalination projects, and support for the system improvements to accommodate growth and improve pressure on Padre Island. Next, Mr. Heckler covered the preferred siting for each of the facilities. He said that the preferred location for the reverse osmosis (RO) facility would be the current site of the Padre Island Pump Station. The RO facility would share the property with this existing pump station. Mr. Heckler stated that the preferred site for the ASR well location was near Nueces County Padre Balli Park. Finally, the preferred location for the source well was the city -leased General Land Office (GLO) land at Packery Channel. He also reported on an alternate site for the ASR well located near mid -Mustang Island and an alternate site for the RO facility located at the Nueces County Pumping Station. Mr. Heckler then described the elements of the recommended projects. He said that the project would have a 3.0-mgd (million gallons per day) capacity, with two components. First, the 1.0-mgd RO facility that would supply water to the ASR system with a pump -back capability of 2.0- mgd. This design would allow for a supplemental water supply during periods of high demand. He reiterated that the by-product disposal would occur via deep -well injection. He added that site work and transmission piping would be needed to connect each element together and into the existing distribution system. Finally, Mr. Heckler stated that there were some necessary upgrades to the existing Padre Island Pump Station so that it could operate in concert with the ASR system. He said that the total estimated cost for the project was $23.2 million including contingencies. He noted that this amount was subject to verification and refinements based on the results of hydrogeologic and water quality testing program. He clarified that today's recommendations were the result of a paper study in the assessment. To move forward, the study would require a higher degree of detail with regard to the design of the facilities. Mr. Heckler reviewed a number of charts providing data on the average and maximum day demands for water on an annual basis. He commented that he was providing this data to inform the Council on the amount of time they may have to make a decision on the Island's water supply needs. Based on this data, Mr. Heckler stated that it appeared that roughly around the year 2005, the water supply to Padre Island via the Laguna Madre pipeline could not meet the maximum day demand. For this reason, Mr. Heckler explained that staff was recommending a system with a 3.0-mgd capacity because it would meet the Island's maximum water supply needs up until about 2012. Next, Mr. Heckler reviewed cost estimates for the new RO water. He noted that the most costly element of this project was the RO process. He stated that the estimates included the costs for the incremental expansion of the RO facility from 1.0-mgd to 5.0-mgd. At 1.0-mgd capacity, Mr. Heckler explained that the cost per 1,000 gallons of water would be approximately $4.47. At Minutes - Regular Council Meeting June 24, 2003 - Page 11 5.0-mgd capacity, the cost per 1,000 gallons would drop to approximately $2.08, primarily because of the improved economies of scale. Council Member Kinnison asked what type of useful life this project would have overall. Mr. Heckler estimated that the project would have a useful life of approximately 20 years at a minimum or more. Mr. Andrew Chastain -Howley, a member of the Carollo Engineer team, added that the Chicot Aquifer did not have a specific limit on the amount of water extracted. He explained that the aquifer would be recharged upstream to the west and also through the ASR process. Council Member Kinnison asked why the cost estimates were ±30 percent, a wide range. Mr. Heckler replied that the estimates were preliminary since the project was still in the assessment phase, and the cost included were more toward the plus side. He said that staff included this amount to account for unknown contingencies. Mr. Kinnison asked what the city was currently charging per 1,000 gallons. Mr. Ed Garafla, Water Superintendent, estimated that the city was charging $1.50 to $1.70 per 1,000 gallons, including raw water costs. Council Member Scott asked if the Chicot Aquifer would be able to support a 10.0-mgd facility in the future. Mr. Chastain -Howley replied affirmatively, but said it would depend on several factors, including space. He explained that the more water extracted, the more space you would need for storage. He said that the Stage 2 demonstration project would determine exactly what the space needs would be. Regarding the preferred locations, he asked if the source well location would be directly across from Packery Channel. Assistant City Manager Massey replied affirmatively. Mr. Scott expressed his concern that the Packery Channel area was a potential resort site, and he did not want the source well to detract from the ambience. Assistant City Manager Massey said that the well would not be a problem. Regarding the preferred ASR location, Mr. Scott asked what type of impact this facility would have on future development in the area. Mr. Heckler said that staff did not believe that the facilities would be detrimental to development, and they were sited accordingly. Mr. Scott again expressed his concern that the facilities were being sited across from potentially valuable property. He asked if the ASR facility was a visible structure. Mr. Chastain -Howley replied that the facility was underground. Mr. Scott asked if the initial estimates had been $10 million. Mr. Massey replied that the estimate assumed what the quality of water would be coming out of the ground prior to the study by Carollo. Mr. Heckler added that the $23 million estimate includes 30 percent for contingencies. Council Member Colmenero commented that he was intrigued by the horizontal drilling procedure, because it appeared it would be less noticeable on the surface and it could be easily relocated if needed to minimize conflicts with development. Mr. Heckler agreed, adding that it would also minimize sedimentation. Mayor Neal asked if the equipment needed to treat gulf water as substantially different from the equipment used to treat brackish water. Mr. Heckler replied that the equipment was the same but the membranes would be different. Other considerations were that the city would need to obtain a permit and a discharge line leading to the Gulf may need to be in place to dispose of brine reject from the plant. Mayor Neal noted that the Governor' s Desalination Initiative was tailored for a large scale plant desalinating gulf water. He commented that this type of plant was significantly more expensive to build and operate compared to the city's proposed project. He stated that Corpus Christi was in a position to set the bar on the Gulf Coast for desalinated water use by its residents. Minutes - Regular Council Meeting June 24, 2003 - Page 12 Under the implementation plan key features, Mr. Heckler explained that immediate improvements would need to be made to the existing pump station. He also recommended splitting the RO, ASR and permitting into three parallel tracks to maximize the city's decision-making flexibility. Most importantly, Mr. Heckler suggested that staff develop comparable cost estimates for other supplemental supply alternatives, such as a pipeline. Finally, he recommended a follow-up assessment of the applicability of ASR throughout the city to determine any cost savings. Mr. Heckler reviewed the time line for the Stage 2 schedule and for the next steps needed. He noted that around June 2004, the decision point on whether or not to proceed with reverse osmosis would be reached. By November 2004, the ASR recharge operations would be scheduled to begin, and by December 2005, the initial production phase would be completed. He stressed that if the Council decided to proceed with reverse osmosis, it would take 30 months after the approval date to complete the RO design, bid and contract awards. Council Member Garrett asked if there were any source well sites planned for the Flour Bluff area. Mr. Heckler responded negatively. Mr. Garrett asked how big the RO building was planned to be. Mr. Heckler replied that it would be a two-story, commercial building with approximately 14,000 to 15,000 square feet. Mr. Massey added that the building would be nicely landscaped and fit in with the architecture, similar to the Whitecap Wastewater Plant. Council Member Scott asked about the durability of the facilities in the event of a hurricane or flooding. Mr. Heckler responded that the facilities were designed to resist these types of natural disasters. In reply to Mr. Scott's question, City Manager Noe said that the 24 -inch pipeline currently serving Padre Island was antiquated and would be unable to provide the main supply source, considering the potential for long-term development on the island. With or without the desal project, Mr. Noe said that the city needed to move forward with the permitting for the Southside transmission line. Mr. Heckler added that certain elements of the assessment will benefit either supply decision, for the pipeline or ASR. In response to Mr. Scott's question, Mr. Massey stated that the decision to proceed with the ASR project would need to be made in early 2004. Council Member Kinnison expressed his concern that it appeared that the city would be spending money up front to design and permit the project, but may run the risk of not building the project once more testing was completed. Mr. Heckler replied that staff was specifically setting the study up in the preliminary design to spend the minimum amount of money necessary before making a decision on the largest costing item. In addition, he said that staff would not proceed with the design of any element that would not be useful to the city with or without RO. Mayor Neal expressed his concern that industry would not want to pay the additional raw water costs associated with this project because they would not be using it. He stressed that staff should break down the costs as soon as possible and find the fairest way to charge consumers. City Manager Noe replied that it would be important to include the raw water costs into the utility rate model to determine the impact. Mayor Neal asked if there was any federal money available to fund this project. City Manager Noe replied that staff would look into it. The final presentation was a report on the 78th Texas Legislative Session by Mr. Tom Utter, Special Assistant to the City Manager. Mr. Utter commented that this legislative session was characterized by an agenda that was strongly against the well-being of cities. Paradoxically, this session could also be characterized as beneficial because the City of Corpus Christi was able to Minutes - Regular Council Meeting June 24, 2003 - Page 13 secure more legislative initiatives than in any other session in recent memory. Mr. Utter credited the local legislative delegation and their staffs for their role in securing these initiatives, namely Senator Chuy Hinojosa, Representative Vilma Luna, Representative Jaime Capelo and Representative Gene Seaman. He also thanked the Texas Municipal League for their support. Mr. Utter reported on the highlights of the 78`" legislative session. Under financial integrity, he discussed bills regarding street accessibility improvements, the clarification of hotel tax for beaches, delinquent ambulance bill collection, municipal court failure -to -appear fee and municipal court costs. Regarding essential infrastructure, he discussed bills affecting desalination projects, streamlining the Texas Department of Transportation and the supply of surplus materials. He commented on bills affecting community protection and development, including annexation authority, affordable housing, historic courthouse preservation, and dune protection. Mr. Utter reported that the Community Youth Development program would be continued, but the overall program was being reduced by approximately 15 percent. Education legislation regarding higher education and the South Texas Border Initiative was also discussed. Under the area of public safety and health, Mr. Utter touched upon bills regarding the fire control and prevention district, child safety registration fees, CHIPS, and photographic traffic signal enforcement. Regarding utilities, Mr. Utter mentioned a bill about right-of-way control. Mr. Utter also noted legislation affecting the environment, including air quality, national estuary program, regional water planning, oil spill response program and glass and plastic bottles. Regarding economic development, Mr. Utter discussed bills on military, the spaceport, and economic development authority. Under the area of effective administration, Mr. Utter mentioned bills regarding the city election date statute, property tax exemption and the open records act. He also discussed legislation subsequent to the adoption of the legislative program, including the marina bill, the Port expansion bill and the Community Renewal Program. He also mentioned a new wide- ranging ethics bill that would affect cities over 100,000 in population. Mr. Utter discussed two bill affecting sales tax. Finally, he discussed bills affecting contracts and bidding in cities, city taxes and finances, extraterritorial jurisdiction, municipal employee travel, and handguns. Mayor Neal thanked Mr. Utter for his efforts this year. Council Member Chesney expressed his concern that the city was understaffed in its representation in Austin compared to other large cities in Texas, saying that the city was lacking a paid lobbyist team. City Manager Noe commented that it would be difficult to continue with only one lobbyist if the legislature continued to have an anti -city agenda. He cautioned that the city needed to carefully evaluate how to prepare for next session. Council Member Scott asked which bills did not pass due to a lack of representation in Austin. He advocated examining what the city wanted to pass first, and then debate what resources would be necessary for success. He complimented Mr. Utter on his efforts, especially in passing the marina bill and the higher education bill. Mayor Neal asked about the special session, specifically regarding redistricting. Mr. Utter replied that redistricting was crucial for a number of reasons, not the least of which was the affect of military installations. He recommended that the council take a strong, unified position on the matter, stressing the importance of keeping the city intact. City Manager Noe emphasized that staff was going to actively monitor the special session. The Council took a short break. Minutes - Regular Council Meeting June 24, 2003 - Page 14 * * * * * * * * * * * * * The Council returned from break, and Mayor Neal referred to the special budget presentation on enterprise funds for FY 2003-04. Mr. Mark McDaniel, Executive Director for Support Services, reviewed the enterprise funds by expenditures, noting that the water fund was the largest fund. He reviewed the utility system revenues, noting that water constituted 50 percent of the combined revenues, while wastewater and gas comprised 25 percent each. He reported that utility rate adjustments would be increased by five percent this year. Unlike like other departments, Mr. McDaniel noted that a large portion of utility system expenditures was dedicated to purchases of water and gas, instead of personnel. He discussed other expenditures in the utility system related to salaries and wages, re-engineering, capital improvement financing and purchased water and gas. Regarding the marina fund, Mr. McDaniel noted that slip rentals were the largest source of revenue. He said that staff was considering implementing a three percent increase in slip rentals, which would generate approximately $24,000. For expenditures, Mr. McDaniel noted that salaries comprised the largest part of the budget, but noted that there was an increase in reserves for this fund as a contingency, depending on the outcome of the negotiations for private development operation of the marina. In summary, Mr. McDaniel said that marina fiscal issues included a recommended slip rental increase, keeping staffing at existing levels, increasing reserves for capital improvements and current negotiations regarding future development and maintenance. With regard to the golf centers fund, Mr. McDaniel commented that green fees comprised the largest revenue source. He said that staff was recommending new fee increases this year. He stated that the two largest expenditures were for contract services and salaries. He concluded that declining golf activity and revenue streams would require rate adjustments to stay even. He identified expenditures for Phase 1 improvements to existing courses and additional phases to be considered for Bond 2004 as other golf center fund fiscal issues. Next, Mr. McDaniel discussed the airport fund. He noted that airport revenues were healthy this year, despite declining enplanements. In particular, he commented that oil and gas leases and TSA charges were favorable this year. Regarding airport expenditures, personnel was once again the largest expenditure. Overall, Mr. McDaniel stated that expenditures were down by $507,905. Regarding the ambulance fund, Mr. McDaniel commented that call revenue had increased this fiscal year because of better recovery of rates charged for emergency calls. He said the reserves for salary adjustments were budgeted for $76,916 to account for the implementation of the compensation plan and sworn personnel adjustments. He noted that the full deployment of the eighth ambulance was also scheduled to take place and the replacement of an ambulance was also included in the budget. Finally, Mr. McDaniel reviewed the Development Services fund. Regarding revenues, he noted that since this was a new fund, 43 percent of the revenues consisted of a transfer from the general fund. Mr. McDaniel stated that the overall goal was to have the program pay for itself over time. He said that proposed fee increases being programmed into next year's budget would generate approximately $185,000. He reviewed expenditures and noted that the allocations category was higher than in other funds, explaining that the increase consisted of payment on the note for the first floor improvements. To summarize, Mr. McDaniel said that rate adjustments for development Minutes - Regular Council Meeting June 24, 2003 - Page 15 services totaled $185,477, the reserve for salary adjustments for the comp plan totaled $97,928, and that further service enhancements and guarantees were being implemented by staff this summer. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 27 regarding an interlocal agreement with Nueces and San Patricio counties for regional health awareness. Assistant City Manager Jorge Cruz-Aedo explained that various community groups had raised concerns about access to public health and environmental issues to regulatory and governmental agencies. Consequently, Mr. Cruz-Aedo stated that discussions began to develop a meaningful dialogue over community and environmental issues by the EPA and several key stakeholders. He said that a survey was conducted which identified numerous social services in the community in both the health and environmental areas (public and private) that served the community where a lack of access was identified, due to gaps in the process. He said that a community dialogue model was developed to model, coordinate and channel public concerns to the appropriate agencies. Mr. Cruz-Aedo explained that an infrastructure was needed to make the model work. Hence, he said that the interlocal agreement before the Council today would provide a framework for a community board, to be named the Regional Health Awareness Board. He added that the board was composed of members representing a cross-section of the community, stakeholders and interested parties. He commented that San Patricio County had approved the agreement yesterday, the city would consider it today, and Nueces County would consider it tomorrow. In conclusion, Mr. Cruz-Aedo said that staff was recommending the approval of the agreement. There were no comments from the audience. City Secretary Chapa polled the Council for their votes, and the following resolution passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 27. RESOLUTION NO. 025359 Resolution authorizing the City Manager or his designee to execute an Inter -local Cooperation Agreement with Nueces and San Patricio Counties to promote community dialogue on Regional Health Awareness. * * * * * * * * * * * * * Mayor Neal announced the executive sessions, which were listed on the agenda as follows: 28. Executive session under Texas Government Code Section 551.071 regarding City of San Benito v. PG&E Gas Transmission, Texas Corporation et al, No. 96-12-7404-A, 107th District Court, Cameron County, Texas; the remaining related claims of the City of Corpus Christi; and similar claims of the City of Corpus Christi against other similar entities, with possible discussion and action in open session. 29. Executive session under Texas Government Code Section 551.071 regarding Second Baptist Church of Corpus Christi v. City of Corpus Christi, No. 00-6895-A, 28th District Court, Nueces County, Texas, with possible discussion and action in open session. * * * * * * * * * * * * * The Council returned from executive session. Mayor Neal called for petitions from the Minutes - Regular Council Meeting June 24, 2003 - Page 16 audience. There were no comments from the audience. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. City Manager Noe reported that mosquitoes in the city have tested positive for West Nile virus, saying that staff would continue to monitor this issue. Mr. Noe provided a status report on the lease for the Southside Pony League and the theft of police insurance documents, saying that he would have more information soon. For the July 8 agenda, Mr. Noe said that a presentation on the negotiations with Landry's, the stop -loss insurance program, a public hearing on the budget, and a charter revision schedule were all scheduled. On July 15 and July 22, the adoption of the budget was scheduled. He informed the Council that staff was suspending the contractor's work on the South Staples Street (Hamlin to Williams Street) project due to the vendor's loss of insurance. Mayor Neal asked for the name of the contractor. City Manager Noe replied that it was the J.R. Salazar Construction. Mayor Neal called for Council concerns and reports. Council Member Chesney congratulated the Corpus Christi Cathedral on their 100th Anniversary, saying that he and Mr. Colmenero had attended a celebration in its honor. He asked that Mr. Noe provide information to a constituent on the poor condition of the street in front of 7850 Bauvis. Mr. Chesney announced that the next Town Hall meeting would be held on July 14 at 6:00 p.m. at Ethel Eyerly Community Center, hosted by him and Council Members Cooper, Scott and Garrett. He asked Mayor Neal if the Council would be interested in honoring the San Antonio Spurs as the NBA World Champions, possibly by contacting Mr. Peter Holt, a former Corpus Christian who is affiliated with the San Antonio Spurs organization. Mr. Chesney expressed his concern about the theft of the police insurance information and the lack of a protocol to handle these types of incidents. City Manager Noe replied that staff was currently working on a protocol. Mr. Chesney reported that he had heard that the Development Services department was understaffed. City Manager Noe replied that there had been some personnel changes in the department, namely that Assistant City Manager Margie Rose was now the Acting Development Services Director and that Mr. Art Sosa had been named Assistant Director of Inspection Services. He also said that the city needed to refine its ordinances regarding development services. Mr. Chesney noted that he was having a meeting with TXDOT to address several constituent complaints about construction projects. He thanked staff for assisting Ms. Karen Heist, and he asked for a status on the Starlight House. Finally, he welcomed back Ms. Cheryl Soward, Public Information Officer, who had returned to work after a long illness. Council Member Noyola reminded the Council about the meeting at South Park Middle School regarding drainage issues in the Sunnybrook/Manshiem area. He also said that he had been notified that the Electrical Advisory Board had not met for some time. Mr. Art Sosa, Assistant Director of Inspection Services, replied that the board chairman had the prerogative to cancel a meeting if there was no business. Council Member Scott also welcomed Ms. Cheryl Soward. He stated that he hoped the police department would better enforce the littering ordinance this upcoming Fourth ofJuly holiday. Council Member Bill Kelly asked about concerns raised by Mr. David Royal regarding a Minutes - Regular Council Meeting June 24, 2003 - Page 17 drainage project on Up River Road. City Engineer Angel Escobar replied that staff had scheduled a meeting with the Royals at Schanen Elementary this Friday to discuss his concerns. Mr. Kelly said that he had been contacted by Mr. Neill Amsler regarding the city's requirement that 75 percent of a development must be completed before a plat can be issued. City Manager Noe replied that he and staff have been discussing this issue with Mr. Amsler, and that he would follow up on the matter. Finally, Mr. Kelly said that he had also been notified that the Electrical Advisory Board had not been meeting, and that staff had canceled a meeting. Mr. Sosa said he would check on this. Council Member Javier Colmenero spoke regarding negotiations for international air service to Mexico from Corpus Christi airport. He suggested that opening a consular services office in the airport might make this deal more attractive to the stakeholders. Mr. Colmenero commented that he had not been receiving weekly reports from the EDC as promised. Finally, Mr. Colmenero asked about a lighting project for the Harbor Bridge. City Manager Noe said that TXDOT had proposed reinstalling lighting on the bridge when future construction has been completed. He said that the Port and the city would share the cost of lighting the bridge. He added that he would schedule a presentation on this matter at a future meeting. Mayor Neal asked the Council Audit Committee if they would be prepared to report on their recommendations for the budget before the scheduled public hearing. Council Member Kinnison replied that the committee would be making their recommendations at the July 8 meeting. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 5:47 p.m. on June 24, 2003. * * * * * * * * * * * * *