HomeMy WebLinkAboutMinutes City Council - 01/28/1986MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
JANUARY 28, 1986
2:00 P.M.
PRESENT:
Mayor Luther Jones
Mayor Pro Tem Dr. Jack Best
Council Members:
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
* Mary Pat Slavik
Linda Strong
Z Z�
Acting City Manager Ernest Briones
City Attorney Hal George
Assistant City Secretary Dorothy Zahn
Mayor Luther Jones called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by Reverend Richard McPherson of Faith Temple,
following which the Pledge of Allegiance to the Flag of the United States was
led by Mayor Pro Tem Dr. Jack Best.
Assistant City Secretary Dorothy Zahn called the roll and verified that
that a quorum of the Council and the required Charter Officers were present to
conduct the meeting.
Mayor Jones announced that the presentation by the Staff and comments from
the public on the Ad Hoc Water Commission Study had been moved to Room 225 of
the Convention Center at 3:00 p.m.
Mayor Jones then announced the presentation by the Human Relations
Commission.
Mr. Maury Wolfson, Chairman of the Human Relations Commission, stated that
the Human Relations Commission enforces equal employment, housing, and public
accommodations ordinances for the City and that the agency, in particular,
represents the federal government in the investigation and resolution of equal
MICROFILMED
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Regular Council Meeting
January 28, 1986
Page 2
employment complaints. He stated that despite the fact that the agency deals
frequently with negative issues, the Commissioners wanted the Council and the
citizens to know that this community has taken positive steps to handle issues
which enhances the overall quality of life in our City. He stated, however,
that this Commission could not continue its work without the support of persons
and organizations whose philosophy and practices are focused on the improvement
of life for all citizens regardless of race, color, creed, national origin, sex,
age, and even economic status.
Mr. Wolfson continued by stating that the Commission, some of whom were
present, had voted to recognize the work of the people of Corpus Christi by
presenting on an annual basis three Community Services Awards to an individual,
a community organization, and a company or corporation who have made outstanding
strides in improving the quality of life for all in Corpus Christi. He then
introduced the members of the Human Relations Commission who were present.
Chairman Wolfson then explained the criteria that was used to select the
recipients of the awards as follows:
1. For the individual community service award recipient, the Commission
looked at the demonstration of constructive concern for all social and
ethnic groups, one's willingness to speak out on issues affecting the
lives of disadvantaged and poor people, and the promotion of the
improvement of human relation by active participation in civic and
community affairs.
Mr. Wolfson announced that for this first year's award in this category,
the award was to be presented to Bishop Rene Gracida for his contributions to
the citizens of Corpus Christi.
It was ascertained that Bishop Gracida was not in the audience at this time
to receive his award, and a gentleman from the audience stated that Bishop
Gracida had understood that the meeting was to be conducted at the Bayfront
Convention Center.
Mayor Jones then stated that Chairman Wolfson and he, personally, would
present the award to Bishop Gracida at a later date.
2. For the Civic Community service award, the Commission looked at the
sponsoring of activities which promote community and human betterment
and the providing of programs or activities which promote positive
human relations to alleviate problems in the community.
Metro Ministries, a non-profit organization some years ago established the
coordinating of the feeding and housing of the destitute. Mr. Wolfson stated
that this agency, through its Loaves and Fishes operation, has filled a need no
other social service agency has even attempted. He then presented the award to
Dick Duncan, Executive Director of Metro Ministries.
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Mr. Duncan made appropriate remarks and introduced the outgoing and
incoming presidents for Metro Ministries as well as other Staff volunteers. Mr.
Duncan stated that Metro Ministries was the work of 84 churches, 350 volunteers
and 2,000 donors.
Mayor Jones stated that it is a source of great pride to him and to the
citizens of Corpus Christi to see this many people involve themselves in the
community.
3. On the award to a company or organization, the Commission looked at
the leadership which the company has taken in providing training and
upward mobility for its employees, its active affirmative action
program, and its community involvement.
The third and final community service award for this year in the
company/corporation category went to Maverick Markets, Inc. Mr. Wolfson stated
that Maverick Markets, under the guidance of Eric Wendel, in cooperation with
the Human Relations Commission, has provided advance opportunities for its
employees and has been supportive of community organizations and projects. Mr.
Wolfson stated that Mr. Wendel is out of the country at this time but that Mrs.
Wendel is present to receive this honor.
Mrs. Eric Wendel expressed appreciation on behalf of Mr. Wendel for this
award.
Mr. Wolfson concluded the presentation by stating that on behalf of the
Commissioners, he wished to say that the plaques are only a token of the
appreciation for the efforts to make this community a better place to live in.
Mayor Jones then thanked Chairman Wolfson and the Human Relations
Commission for this brilliant idea.
Mayor Jones administered the Oath of Office to the following newly
appointed members of Boards and Commissions: Ms. Linda Longoria, Senior
Community Services Advisory Committee and Mr. John Clanton, Bay Drilling
Committee.
* * * * * * * * *
Mayor Jones announced the bid opening on the following project:
Downtown Storm Water Pump Station: Rebuilding the two diesel engines at
Pump Station "A".
Assistant City Manager James K. Lontos read the one bid that was received
from Bracco Construction Company.
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Regular Council Meeting
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Mayor Jones stated that the bid would be tabled for 48 hours, pursuant to
the requirements of the City Charter.
* * * * * * * * *
Mayor Jones called for Action of the Council from the Workshop Session on
the following items:
1. Confirming the appointment of A. R. "Butch" Escobedo to the Charter
Revision Commission.
2. Approving a motion that the Corpus Christi Convention & Tourist Bureau
remain an independent agency with an autonomous board.
3. Approving the motion to extend the expiration date of Sister City
Committee members to September and doing so on a permanent basis.
Council Member McComb referred to Item No. 2 and inquired if there was any
room for expanding that board to include City appointments since the major
source of their funds comes from the City, and Mayor Jones concurred by stating
that he agreed that this should be considered at the time of the budget
discussions.
A motion was made by Council Member Slavik that the foregoing items be
approved, seconded by Council Member Guerrero and passed unanimously.
* * * * * * * * *
Mayor Jones called for consideration of the Consent Motions, Items 1
through 12.
Acting City Manager Ernest Briones stated that Item 14 under the Consent
Ordinances should be considered as a motion and that it should be listed as item
12a.
1. Approval of specifications and authorization to receive bids for a twelve
month supply agreement with option to extend for an additional twelve
months, at the same terms and conditions, subject to the approval of the
supplier and the City Manager, or his designee, for milk and miscellaneous
dairy products for the Elderly Nutrition Program. Estimated expenditure is
$30,000.
2. Approval of specifications and authorization to receive bids for a twelve
month supply agreement, with option to extend for an additional twelve
months at the same terms and conditions, subject to the approval of the
supplier and the City Manager, or his designee, for automatic transmission
overhaul and repair service, for Maintenance Services Department. Estimated
annual expenditure is $20,000.
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Regular Council Meeting
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3. Approving a twelve month supply agreement, with option to extend for an
additional twelve months, at the same terms and conditions, subject to the
approval of the supplier and the City Manager, or his designee, for
approximately 83 suits of fire fighting clothing for the Fire Department
based on low bid of $20,301.80 from Halprin Supply Company. Eighteen bid
invitations were issued, four bids were received. Prices have decreased
approximately 3.4% from last contract of May, 1984.
4. Approving a twelve month supply agreement, with option to extend for an
additional twelve months, at the same terms and conditions, subject to the
approval of the supplier and the City Manager, or his designee, for water
treating chemicals to be used by Water Production, Water Division based on
low bid to the following companies:
a. U.S.G. Industries
Calcium Oxide
Estimated 906 tons @ $71.39
Total: $64,679.34
b. McKesson Chemicals
Sodium Silicoflouride
Estimated 6 tons @ $412.65
Total: $2,475.90
GRAND TOTAL : $108,575.04
c. Sure Grow Solutions
Anhydrous Ammonia
Estimated 122 tons @ $199.00
Total: $24,278.00
d. Lucier Chemicals
Hydrofluosilic Acid
Estimated 190 tons @ $90.22
Total: $17,141.80
Sixteen bid invitations were issued, nine bids were received. Prices have
increased approximately 1.4% from last contract of November, 1984.
5. Approving a twelve month supply agreement with option to extend for an
additional twelve months, at the same terms and conditions, subject to the
approval of the supplier and the City Manager for approximately 218
lubricated plug valves to be used by the Gas Division, based on low bid to
Amfac Supply Company for $61,833.82. Seventeen bid invitations were
issued, nine bids were received. Prices have decreased approximately 10%
from last contract of June, 1984.
6. Approving the award of 9,700 feet of 3" fire hose for the Fire Department
to Casco Industries on the basis of low bid meeting specifications, for the
total of $39,770. This item is included in the 1985-86 Capital Outlay
Budget.
7. Approving the award of a 16,500 GVWR cab and chassis with a utility service
body and an aerial bucket to be used by Traffic Engineering traffic signal
activity, to Commercial Body Corporation for the amount of $44,898, based
on low bid meeting specifications. This unit is included in the 1985-86
Capital Outlay budget, Revenue Sharing.
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Regular Council Meeting
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8. Approval of awards for the immediate purchase of thirty-four units, and any
additional units required during Fiscal Year 1985-86, for trucks, 10,000
GVWR or larger to be used by various City departments, to the following
based on low bids. Prices are firm for additional units from each bidder
as indicated.
a. Lindley International
26 Units
Total: $639,440.65
Prices firm: 1986 Model Year
Local - 2724 Lipan
c. Bay Auto
6 Units
Total: $90,530.00
Prices firm: 1986 Model Year
Aransas Pass
GRAND TOTAL: $813,516.65
b. Coastal Bend GMC
2 Units
Total: $93,546.00
Prices firm: 6 Months
Local - 5401 Leopard
9. Authorizing execution of a contract with Mr. Thomas F. Dorsey for appraisal
services for the acquisition of fourteen parcels of land, twelve of which
are located on Padre Island Drive between West Point Road and Camron Street
and two of which being located at Padre Island Drive and Waldron Road, all
in connection with the Padre Island Drive - Bush to Agnes and Oso Bay to
Waldron Road Improvements Project.
10. Authorizing acquisition of two parcels of land (#12, 22), one located off
Princess Drive and the other located off McCain Drive, for the Turkey Creek
Drainage Improvements Project.
11. Approving plans and specifications and authorizing the receipt of bids on
February 19, 1986, for Minor Storm Sewer Improvements, Phase II. This
project provides for the installation of storm sewer relief lines in
Hayward Drive from South Staples Street to Ray Drive and at the
intersection of Friar Tuck and King Richard Drive in the Sherwood Park
Subdivision.
12. Authorizing the City Manager or his designee to issue a Request for
Proposals for the sale of about 1.1 acres of right-of-way located at the
eastern end of the Mid -Town Exchange for development of multi -family,
office or other commercial activity compatible with the area. The area is
bordered on the south and east by the Agnes -Laredo Expressway and N.
Chaparral, on the north by Bein Furs and the new Gary, Thomasson, Hall &
Marks parking lot, and on the west by the Agnes -Laredo Expressway.
12a. Authorizing acquisition of a parcel (#2) located on Kostoryz Road at
Saratoga Boulevard for the Saratoga Boulevard Improvements project.
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There were no comments from the audience on the consent motions; a motion
was made by Council Member Guerrero that the Consent Motions, items 1 through
12a be approved; seconded by Council Member Mendez; and passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet and Slavik voting,
"Aye"; Strong, absent at the time the vote was taken.
Mayor Jones noted the presence of Bishop Rene Gracida who had been honored
with an award earlier in the meeting during the Human Relations Commission
presentation and explained to Bishop Gracida that Mr. Wolfson and he,
personally, would be presenting him with his award at his office some time soon.
Bishop Gracida expressed appreciation for having been honored and stated
that he looks forward to seeing both Mr. Wolfson and the Mayor at a more
convenient time.
* * * * * * * * * *
Mayor Jones called for consideration of the Consent Ordinances, items 13
through 16b.
* Council Member Linda Strong arrived at the meeting at 2:30 p.m.
Mayor Pro Tem Best referred to item 16b and urged passage of the ordinance
exempting certain amateur radio antenna tower structures up to 50' in height
from requirements for permits, inspections, and engineered design because he
felt that during emergency situations, the only means of communications
available to cities are through amateur radio operators.
There were no comments from the audience on the Consent Ordinances;
Assistant City Secretary Dorothy Zahn polled the Council for their vote; and the
following were approved:
13. ORDINANCE NO. 19172:
APPROPRIATING $13,253.50 FOR CHANGE ORDER NO. 2, PROVIDING FOR THE
CONSTRUCTION OF A 10 SPACE PARKING LOT IN BEN GARZA PARK TO SERVE THE
HOWARD STREET RESIDENTS APPLICABLE TO PROJECT NO. 220-82-7.13, HOWARD.
STREET IMPROVEMENTS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting,
"Aye".
14. (This item was considered as a motion)
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Regular Council Meeting
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15. ORDINANCE NO. 19173:
AUTHORIZING THE EXECUTION OF A CONTRACT WITH STEFEK CONSTRUCTION COMPANY
FOR THE CONSTRUCTION OF A FACULATIVE BASIN, PIPING MODIFICATIONS AND
FENCING AT THE WESTSIDE WASTEWATER TREATMENT PLANT; APPROPRIATING $191,500;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting,
"Aye".
16. SECOND READING:
CLOSING AND ABANDONING THE 40 -FOOT WIDE BY 105 -FOOT LONG UNNAMED STREET
RIGHT-OF-WAY IN LOT 2, TRACT 3D, LOKEY SUBDIVISION SHOWN BY PLAT IN VOLUME
43, PAGE 29, MAP RECORDS, NUECES COUNTY, TEXAS; PROVIDING FOR REPLATTING.
The ordinance was read for the second time and passed to third reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik
and Strong voting, "Aye".
16a. FIRST READING:
AUTHORIZING THE EXECUTION OF A LEASE MODIFICATION AND AMENDMENT TO THE
LEASE WITH PLEASURE PIER ASSOCIATES, INC. FOR THE OPERATION OF CAPTAIN
BOOMERS RESTAURANT; AND PROVIDING FOR PUBLICATION.
The ordinance was read for the first time and passed to second reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik
and Strong voting, "Aye".
16b. FIRST READING:
AMENDING THE BUILDING CODE TO EXEMPT CERTAIN AMATEUR RADIO ANTENNA TOWER
STRUCTURES UP TO 50 FEET IN HEIGHT FROM REQUIREMENTS FOR PERMITS,
INSPECTIONS, AND ENGINEERED DESIGN.
The ordinance was read for the first time and passed to second reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik
and Strong voting, "Aye".
Mayor Jones called for consideration of the following item:
17. Receiving the Business Development Commission's Report on CC '90 objectives
and approving the recommendation for the establishment of a four-year
university in Corpus Christi. Also, encouraging the Chamber of Commerce
Education Committee to appoint a Task Force on Higher Education and to
present its findings to the City Council.
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Regular Council Meeting
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Page 9
A motion was made by Council Member McComb that the foregoing motion be
amended to delete the word, "approving" and add the phrase, "of the Business
Development Commission" after the word recommendation so that it would not be
interpreted later as the City having endorsed the recommendation.
The motion was seconded by Council Member Best and passed unanimously.
A motion was made by Council Member Guerrero that the following item be
approved, as amended; seconded by Council Member Mendez; and passed unanimously.
17. Receiving the Business Development Commission's Report on CC '90 objectives
and the recommendation of the Business Development Commission for the
establishment of a four-year university in Corpus Christi. Also,
encouraging the Chamber of Commerce Education Committee to appoint a Task
Force on Higher Education and to present its findings to the City Council.
18. Authorizing the renaming of South Bluff Tennis Center to Al Kruse Tennis
Center in honor of Mr. Al Kruse, former South Bluff tennis pro for 31
years, for his many contributions to the City and the sport of tennis. The
Park and Recreation Board approved the name change effective upon the
retirement of Mr. Al Kruse from City employment.
A motion was made by Council Member Slavik that the foregoing item be
approved, seconded by Council Member McComb and passed unanimously.
19. Approving the selection of natural gas air conditioning for the new City
Hall.
Acting City Manager Briones reminded the Council that this item had been
considered last week but had been delayed to provide an opportunity for the
Electrical Advisory Board and the Mechanical Advisory Board to respond to the
report. He asked that Assistant City Manager Bill Hennings comment on this.
Assistant City Manager Hennings stated that members of the Electrical
Advisory and Mechanical Advisory Boards have had an opportunity to review the
letter report by R. W. Beck and Associates; they had met with him the preceding
day to discuss same; the item on the agenda is for a motion to approve the
selection of the natural gas air conditioning for the new City Hall but if the
Council elected to select the electric air conditioning, the Staff has prepared
a separate motion.
Mayor Jones called for comments from the audience in regard to this item.
Mr. Gilbert R. Taylor, Senior Vice President and General Manager of Rio
Grande Valley Gas Company, Brownsville, Texas, stated that Rio is a subsidiary
company of Valero Energy Corporation and he was present to speak on their
behalf. He stated that Rio Grande Valley Gas Company is a member of the
Southern Gas Association which represents approximately 46 gas distribution
companies, 45 transmission companies, 12 production companies and 16 municipal
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Regular Council Meeting
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Page 10
gas systems in 16 southern states. He stated that as of August 15, 1985, at
least 32 installations of double effect gas air conditioners have been
installed; these units were installed in the service area of seven gas companies
and totalled 6,143 tons; and that the installations are in hospitals,
apartments, Chamber of Commerce buildings, data processing centers, office
buildings, service centers, printing companies and American Red Cross buildings.
He further stated that today, as never before, the cost of energy is a major
factor in everyone's daily operating expense; the type of equipment that is
proposed for the new City Hall Complex is a wise choice, not only for the high
efficiency, but because of lower operating costs, reliability, simplicity and
most important of all, the savings in cooling and heating costs the City will
realize by using this natural gas fired equipment. He concluded by stating that
Valero commends the City of Corpus Christi for its choice of equipment.
Mr. Ted Stephens, 513 Dolphin, Member of the Electrical Advisory Board,
questioned the R. W. Beck and Associates report and the figures that were used.
He provided the Council with a listing of operating costs for specific listings
which he had prepared at no cost to the City of Corpus Christi. He referred to
Tables I and III of the Beck Report and explained why he felt that the
electrical air conditioning would be less expensive than the gas air
conditioning.
Mr. Terry Whitmire, 6280 Old Brownsville Road, representing Corpus Christi
Air Conditioning/Plumbing Contractors Association, recommended that the City
elect to accept the electrical chiller in lieu of the gas chiller for the new
City Hall. His recommendation was based upon the future availability of
replacement parts and their costs; reliability of machine expected maintenance,
downtime for pump replacements, crystalization, tube cleaning, etc.; lack of
trained maintenance personnel that would insure competitive bidding of
maintenance contracts; the impact of the manufacturer withdrawing from the U. S.
market on maintenance cost; and that the City should "Buy American."
Mayor Jones inquired of Mr. Whitmire whether he was aware of any plan by
the company to withdraw from the U. S. market, and Mr. Whitmire replied that he
was not but that if it was slowly declining and if there was less and less a
market, it would be withdrawing.
Mr. Paul Humfred, local representative for Hitachi, responded to some of
the questions that had been presented. He stated that R. W. Beck and Associates
serves as a rate consultant for Central Power and Light Company. He explained
that 60% of the Hitachi parts are American derived; parts for maintenance will
be available in the United States; and expressed the opinion that the gas air
conditioning would be less expensive to operate than the electrical.
Council Member Mendez questioned the amount of chemicals that will be
required, and Mr. Humfred replied that the gas will produce 25% more water and
25% more chemicals will be required for the gas machine. He stated that the
quality of water will determine how much chemicals will be required.
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Regular Council Meeting
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Mr. Don Lewis, Member of the Bay Drilling Committee, expressed concern
about the availability of gas for future use for the units proposed. He
expressed the opinion that equipment should not be installed that will have only
one source of energy.
Mr. Jim Abernathy, Mechanical Advisory Board Member, referred to the
figures on the protective water usage on the two systems, pointing out a
difference of 620,100 in extra water usage. He suggested that this might be
investigated.
Mr. Stu Warner, manufacturer of chillers used all over the world, agreed
with Mr. Ted Stephens and expressed the opinion that the electrical system would
be the best system.
Council Member Pruet asked Assistant City Manager Hennings in regard to the
rate schedule 44 and 42 and inquired if the system did not work unless a
transformer is used.
Assistant City Manager Hennings replied that the City Hall project did not
provide the transformer but if it were purchased, the rates could be decreased.
He expressed the opinion that it in the long run, it would not have any
significance at all.
Council Member Guerrero referred to the figures supplied by Mr. Stephens
and questioned whether the Council could in fact evaluate that. He noted that
the City paid Beck and Associates $6,000 and asked about the possibility of
having R. W. Beck review the figures.
Acting City Manager Briones stated that the City had asked R. W. Beck to
prepare the analysis; the Staff reviewed them and agreed with it; and if the
Council desired an additional study, this could be done but this would just
delay the project. He added, however, that the Staff felt comfortable with the
recommendation for gas air conditioning.
Council Member McComb stated that one of the Council's goals was to
actively market the City's gas and expressed the opinion that he felt that this
Council should concur with the recommendation.
A motion was made by Council Member McComb to approve the Staff's
recommendation, seconded by Council Member Guerrero and passed by the following
vote: Jones, Best, Berlanga, Guerrero, McComb, and Slavik voting, "Aye";
Mendez, Pruet and Strong voting, "No".
* * * * * * * * * *
20. Application No. 186-1, Mr. Joe M. Raymond, Jr.: For a change of zoning
from "F -R" Farm -Rural District to "A -1A" Apartment House District on Villa
Flambeau, located on the north side of Wooldridge Road, approximately 400'
west of Benbrook Drive.
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Assistant City Manager Utter stated that in response to the six notices of
the public hearing that were mailed; one, plus one outside the 200' area of
notification, had been returned in favor and none in opposition had been
returned. He stated that both the Planning Commission and Planning Staff
recommend approval.
There were no comments from the audience.
A motion was made by Council Member Pruet that the hearing be closed,
seconded by Council Member McComb and passed unanimously.
Assistant City Secretary Zahn polled the Council for their votes as
follows:
20. ORDINANCE NO. 19174:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JOE M. RAYMOND, JR. BY
CHANGING THE ZONING MAP IN REFERENCE TO VILLA FLAMBEAU FROM "F -R"
FARM -RURAL DISTRICT TO "A -1A" APARTMENT HOUSE DISTRICT; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting,
"Aye".
21. Application No. 1285-1, Holy Family Church, Diocese of Corpus Christi: For
a change of zoning from "R -1B" One -family Dwelling District to "B-1"
Neighborhood Business District on Lots 15, 16, and 17, Block 8, Casa Blanca
Subdivision, located on the east side of MacArthur Street, across from the
intersection of Soledad and MacArthur Streets.
Assistant City Manager Utter stated that in response to the 38 notices of
the public hearing that were mailed; three plus one outside the 200' area of
notification in favor and one in opposition had been returned. He stated that
the Planning Commission and Planning Staff's recommendation is for denial but in
lieu thereof, grant a special permit for a parking lot for church use.
Council Member Berlanga stated that he had talked to the priest and that he
had stated that in all probability, the property could be used for a playground
when not in use as a parking lot.
There were no comments from the audience; a motion was made by Mayor Pro
Tem Best that the hearing be closed, seconded by Council Member McComb and
passed unanimously.
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Assistant City Secretary Zahn polled the Council for their vote as follows:
21. ORDINANCE NO. 19175:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF HOLY FAMILY CHURCH,
DIOCESE OF CORPUS CHRISTI, BY GRANTING A SPECIAL COUNCIL PERMIT FOR CHURCH
PARKING ONLY ON LOTS 15, 16 AND 17, BLOCK 8, CASA BLANCA SUBDIVISION; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed by the following
vote: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik and Strong
voting, "Aye"; Guerrero, absent at the time the vote was taken.
*
Mayor Jones called for petitions from the audience on matters not scheduled
on the agenda.
There was no response.
* * * * * * * * * *
A motion was made by Mayor Pro Tem Best that the hearing be recessed at
3:38 p.m., seconded by Council Member McComb and passed unanimously.
* * * * * * * * * *
Mayor Jones reconvened the Regular Council Meeting at 3:55 p.m. in Room 225
at the Bayfront Convention Center. He stated that the purpose of the meeting
was to conduct the presentation by the Staff report on the Ad Hoc Water
Commission Study. He then introduced Members of the City Council.
Assistant City Manager James K. Lontos conducted the presentation and
stated that the Ad Hoc Water Commission was charged by the City Council to
develop alternative short and long-term sources to supplement the water supply
for the City and its customers. He stated that the Commission was also to
provide to the citizens cost estimates for the various sources that could be
developed. The Commission studied several methods of supplying water including
desalting, ground water wells, cloud seeding, evaporation retardation,
importation from other watersheds, effluent reuse, conservation, and increasing
yield from within the Nueces River watershed. He stated that in order to
properly evaluate the potential for increased yield from the Nueces River, the
Commission hired Rauschuber and Associates, Engineering Consultants, to
determine what projects could be developed from this resource; Mr. Rauschuber
was to calculate the additional annual dependable yield expected from each
project, the estimated cost, and to discuss briefly the environmental concerns
that might be encountered; and that annual dependable yield is defined as the
amount of water that will always be available annually from a project based on
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Regular Council Meeting
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Page 14
historical hydrological data, usually on a period of 40 years or longer of
available records, including the worst drought condition during that period.
Mr. Lontos further stated that Mr. Rauschuber was not asked to make
recommendations on projects and his report was received by the Commission in
December, 1985.
Mr. Lontos further stated that on December 17, 1985, the Chairman of the Ad
Hoc Water Commission reported to the City Council on projects evaluated by the
Commission; the Commission recommended no further action be taken by the City at
this time to purchase water from Lake Texana; and that evaporation retardation
and desalinization projects were not recommended for present implementation due
to costs using existing technology, but recognized that the projects may become
feasible in the future. He stated that additional well drilling was not
recommended, but the continued leasing of acreage for future well sites was
encouraged. He stated that a cloud seeding recommendation was deferred pending
receipt of the evaluation of the past year's project from the City's consultant
and that water reuse and conservation were encouraged.
Mr. Lontos stated that the Commission made no recommendations concerning
the more costly projects described in the Rauschuber Report such as the
enlargement of Lake Corpus Christi or the construction of a third dam at the R &
M or Bluntzer sites. He stated that two recommendations were made based on
information contained in the Rauschuber report which were: (1) the City
acquire a site for a pumping facility near Simmons with easements for a pipeline
required to transport water from Nueces River to Choke Canyon Reservoir; and (2)
that our two present reservoirs be operated as a water supply unit with its sole
purpose being to furnish water to the people of Corpus Christi and the cities
presently purchasing water from it. Mr. Lontos referred to a transparency and
pointed out that in order to better understand the real impact of the two
recommendations the surface water in the Nueces River basin comes from runoff of
Three Rivers: the Nueces, the Atascosa, and the Frio, adding that the Frio
River flows into Choke Canyon reservoir and only released water flows from this
reservoir into Lake Corpus Christi, and that water from the Nueces and Atascosa
Rivers flow directly into Lake Corpus Christi. He stated that there are 16,600
square miles in the entire basin, of which 5,530 square miles are in the Frio
River watershed and 11,070 square miles, or over twice as many, are in the
Nueces and Atascosa watershed. Choke Canyon reservoir has a surface area of
26,000 acres when full, as compared to 22,050 surface acres at Lake Corpus
Christi, and that Choke Canyon has a storage capacity of 700,000 acre feet, as
compared to 272,000 acre feet in Lake Corpus Christi. He pointed out that
although the surface area of Choke Canyon is only 18% greater than that of Lake
Corpus Christi, it has 157% greater capacity, thus, making it a more efficient
reservoir for storage, to minimize evaporation losses. He referred to a line
graph and stated that the basin produces 614,000 acre feet of runoff water in an
average year; flow of water to bays and estuaries from runoff, flood releases
from Lake Corpus Christi, and return flows from wastewater treatment plants is
estimated to be 477,000 acre feet annually. He noted that the most recent five
years annual average of water consumed by all users withdrawing water from Lake
Corpus Christi was 112,420 acre feet or 308 acre feet per day; and that it was
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Regular Council Meeting
January 28, 1986
Page 15
interesting to know that the worst day's evaporation from both reservoirs, when
full, is calculated to be 1,236 acre feet, or nearly three times more than the
highest single day withdrawal for customers' use.
Mr. Lontos continued by stating that Wesley Seale Dam was completed in 1958
and kept at an operating level of elevation 88 feet until 1966 to allow for oil
well production to continue in areas located between elevation 88 and 94 feet,
and, until the completion of Choke Canyon Reservoir in 1982, Lake Corpus Christi
was the only major reservoir impounding water in the basin. He added that the
level of the lake varied depending on rainfall and withdrawals.
Mr. Lontos stated that during years of normal rainfall, the Lake remains
nearly full and regularly spills to bays and estuaries; the lowest level in the
Lake was reached in October, 1984 at the end of the 1982-84 drought period when
the level was just under elevation 83 feet; and that with October, 1984 and
subsequent rains, the Lake filled within seven months and has remained full, or
nearly full, since then. He further stated that in 1985, hearly 400,000 acre
feet of water were released from Lake Corpus Christi to the Bay; today, with
Lake Corpus Christi nearly full, and Choke Canyon Reservoir nearing 30% full,
water storage is over 70% greater than at any time in Corpus Christi's history;
and that there is enough water to supply the region for three to four years, if
no additional water was added to the system.
Mr. Lontos continued by stating that in planning the Choke Canyon Reservoir
project, the Bureau of Reclamation made assumptions as to how Choke Canyon and
Lake Corpus Christi would be operated to determine the dependable yield that
could be expected from the reservoirs. He stated that since Lake Corpus Christi
receives water directly from two-thirds of the watershed through the Nueces and
Atascosa Rivers (and from spills from Choke Canyon when full) while Choke Canyon
only receives runoff water in the Frio, by letting the downstream reservoir
level fluctuate, a higher yield can be obtained. He stated that in a 1971
Bureau of Reclamation feasibility report, an operating procedure was described
that provided for 2,000 acre feet per month to be released from Choke Canyon,
when full, until Lake Corpus Christi reached elevation 88 feet. He stated that
from that point, releases would be made from both reservoirs to provide for
recreation facilities to be operated at both lakes; this was the basis for
estimating that the combined annual dependable yield for the reservoirs would be
252,000 acre feet annually. He displayed a graph chart which showed Choke
Canyon volumes, as Lake Corpus Christi is drawn down from elevation 94 feet to
elevation 70 feet, adding that the statement was made in the feasibility report
in 1971, that "larger increases in yield could be obtained by emptying Lake
Corpus Christi before making releases from Choke Canyon Reservoir". He
explained that this same operating procedure was described in a 1977 definite
plan report, prepared by the Bureau, and was referred to in the 1975
Environmental Impact statement on the project, noting that in testimony before a
congressional subcommittee hearing in Three Rivers, Texas in 1973, Mr. Atlee
Cunningham, Corpus Christi Water Superintendent, also described a similar
operating procedure in which Lake Corpus Christi would be drawn down to 40% of
capacity, or approximately elevation 83 feet, before releases were made from
Choke Canyon.
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Regular Council Meeting
January 28, 1986
Page 16
Mr. Lontos referred to an article in the Corpus Christi Caller of May 27,
1969, describing the R & M and Choke Canyon projects which stated that "if the
Choke Canyon—Lake Corpus Christi system is operated to produce maximum yield,
Lake Corpus Christi may fluctuate as much as 17 feet in elevation". He added
that all of these are important because they are the basis for Rauschuber's
findings, and the Commission's recommendation. Mr. Lontos stated that there are
no published reports that describe an operating procedure where Lake Corpus
Christi would be kept at a constant elevation by releasing water from Choke
Canyon; all costs associated with construction and operations of Lake Corpus
Christi were paid for by the water customers, either through increased water
rates or in the early years by taxes levied by the Lower Nueces River Water
Supply District; property owners at the Lake, other than 64 lake front owners
who pay $50 annually for all the water they can take, have not paid any fees or
taxes for the construction or maintenance of the project; and that when
easements were obtained from property owners to permit the District to store
water on property up to elevation 94 feet, there were no assurances made that
the water elevation would not vary.
Mr. Lontos continued by referring to a chart, pointing out the brief
descriptions of the project, and stated that in their studies of both long and
short—term methods of supplementing water supply, the Ad Hoc Commission was able
to develop yield and cost estimates for a number of projects.
He further stated that in his December report to the Council, the Chairman
of the Ad Hoc Water Commission recommended proceeding with the Simmons project
to pump water from the Nueces River into Choke Canyon Reservoir to the extent
that additional engineering work be done to verify water availability and to
select a site for the pumping station and pipeline easements; the Commission
further recommended the site be purchased and easements obtained, since costs
would be minimal, and would assure the availability of the site and easements
when the project is needed; and that the Commission's second recommendation was,
that the two existing reservoirs be operated as a water supply unit with the
sole purpose being the furnishing of water to the people of Corpus Christi and
other water customers in the area. He stated that this meant that the water
level in Lake Corpus Christi would be allowed to drop to a minimal level,
sufficient only to provide water to municipal intake structures located at Lake
Corpus Christi, before any water is released from Choke Canyon Reservoir in
excess of the 2,000 acre feet per month required by the Texas Water Commission
Water Rights Permit. Mr. Lontos stated that the operation made in conjunction
with the Simmons Project would increase the dependable yield of the reservoir
system by 21.87 million gallons per year, or approximately 20% of the present
maximum daily withdrawals for domestic and industrial use. He stated that a
comparison of this operating procedure, with the Simmons Project in place, to
the procedure described earlier when releases from Choke Canyon would begin when
Lake Corpus Christi reached elevation 88 feet, showed the following anticipated
effects:
1. The dependable water yield from the combined reservoirs is increased
by 21.87 million gallons per day, at a cost of 56 cents per thousand
gallons;
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Regular Council Meeting
January 28, 1986
Page 17
2. The decrease in annual average flow to bays and estuaries will be
3.4%;
3. During years of average rainfall in the watershed, Lake Corpus
Christi's level will remain nearly full, and fluctuate as it has in
past years. In fact, once Choke Canyon Reservoir is full, Lake Corpus
Christi will return to its pre -Choke Canyon status as the annual
average Frio River runoff of 177,000 acre feet spills through the
flood gates;
4. Lake Corpus Christi will fill during the first year of normal rainfall
following a drought period regardless of the elevation to which it may
be drawn down; and
5. During a drought period, once the water level in Lake Corpus Christi
reaches elevation 88 feet, the Lake will be drawn down more rapidly
than under the other operating procedure. However, once Lake Corpus
Christi goes below elevation 88 feet, recreation activities are
greatly reduced, as evidenced by the many Corpus Christi and area
newspaper articles written during the 1982-84 drought period.
Mr. Lontos concluded by stating that the Rauschuber Study supports the
recommendations of the Ad Hoc Water Commission; the recommendations are
consistent with the City's commitment and responsibility to provide an adequate
water supply to half a million residents in the Coastal Bend area; and
therefore, the Staff concurs with these recommendations.
Mayor Jones called for comments from the audience.
Mr. Elmer Singleton, Mathis, representing the Lake Corpus Christi
Association, expressed appreciation to the Council for allowing him to express
their views on the recommendation of the Ad Hoc Water Commission. He questioned
that if Lake Corpus Christi is drawn down and there is no other alternative but
to use Choke Canyon, the City is in bad shape. He stated that the application
seeks to amend that filling completion above sea level; owners shall continue to
obtain a minimum flow. He stated that the only reason for the Simmons project
is because it is less costly; they have taken the position that it might not be
the best solution for a drought but it is the least expensive for the City of
Corpus Christi; the Freese -Nichols study that was made is not the same report
that was just read; and referred to the Bureau of Reclamation which indicated
how to maintain water level at both lakes. He stated that nowhere has there
been given any consideration about anything pertaining to the socio -economics,
the environmental impact or conservation, and noted that tourism is what keeps
the area alive. Mr. Singleton recommended that an environmental study be
included in the City's study. He expressed the opinion that he did not believe
that the Hayden Head report should be accepted but rejected. A petition
containing 3,465 signatures opposing this proposal was presented to the City
Council.
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Regular Council Meeting
January 28, 1986
Page 18
Mr. Beverly Lloyd, Jr., Alice, stated that he owns a camp site with a small
home located on the main body of Lake Corpus Christi. He stated that as a
child, he attended functions at the State Park, utilized the facilities built
during the depression, camped out at the Boy Scout camp when there were
absolutely no facilities there. He stated that he believed that the Ad Hoc
Water Advisory Commission correctly served its purpose; it conducted a through
study of the Nueces River water supply capabilities and investigated the various
alternatives to provide the most cost-effective use of water from the River
Basin. He stated that as far as he knew, the Commission was not charged with
the duty of balancing the equities of cost of raw water against the social,
recreational, environmental and other factors that must be considered. Mr.
Lloyd expressed the opinion that what all of the residents of the area needed
and deserved is a rational, orderly plan that considers all issues, the economic
as well a the social, recreational and environmental, the short term as well as
the long range. He stated that his problem with the Water Commission Report is
the unfortunate brevity of the report and its release without similar studies
having been made with respect to the social , environmental and recreational
influences affecting the matter and without investigation of the other
alternatives which must be considered and resolved. He stated that the Water
Commission Report does not establish a timetable for the implementation of its
recommendations and leaves the impression that all of its recommendations are to
be adopted as gospel, immediately, without further delay. He expressed the
opinion that the Commission Report did not do justice to the Rauschuber Report.
He explained that the Rauschuber Report and the 1983 Report of the Bureau of
Reclamation concluded that the combined Lake Corpus Christi -Choke Canyon
Reservoirs would provide a dependable yield of 249,000 acre feet of water per
year which would be sufficient to supply the area to the year 2020 and beyond,
depending upon demand. He stated that this dependable yield still allows for
the release of the additional 2,000 acre feet of water per month from Choke
Canyon thereby providing a constant source of fresh water flowing through the
system. He added that the dependable yield also permits the equalization of
release from Choke Canyon and Lake Corpus Christi when Lake Corpus Christi falls
to 88 feet, and does not relegate Lake Corpus Christi to a mere conduit.
He further stated that the Rauschuber Report emphasizes that through the
construction of the relatively inexpensive Simmons pump project, 14,000 acre
feet of water per year would be added to the system, increasing the dependable
annual yield to 263,000 acre feet, thereby providing a dependable yield of water
to the year 2,025. Mr. Lloyd pointed out that another problem with the Water
Commission Report is its failure to qualify its recommendation that water be
released from Choke Canyon only after Lake Corpus Christi reaches the 80 foot
level; the Commission Report hides the fact that impounding water in Choke
Canyon until Lake Corpus Christi falls below 80 feet will provide an additional
dependable yield of only 8,500 acre feet of water per annum; and that the
Commission merely states that its recommendations will provide a dependable
yield of water to the year 2030. He expressed the opinion that the Commission
Report did a grave injustice to the implementation and development of a viable
water plan for the area when it said, "We believe that in all fairness the City
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Regular Council Meeting
January 28, 1986
Page 19
should advise the public, and particularly property owners at Lake Corpus
Christi, that operation of the two reservoirs in this manner may occur and that
property purchases there for recreation and further building based on projected
recreational uses should be avoided." He asked that this statement be
repudiated. He summarized by stating that they are present today to lend their
support to a program that properly develops a reliable supply of water, at a
reasonable cost, while giving due consideration to the social, environmental,
recreational and other factors. He stated that he believed that "Man does not
live by water alone"; therefore, the dollars and cents cost of providing a water
supply cannot be the only consideration in resolving this problem.
County Judge J. M. Edmondson, Jr., San Patricio, stated that the
Commissioners Court adopted a resolution expressing objection to the proposal
recommended by the Water Advisory Commission. He stated that the policy will
result in environmental and economic losses to the region, particularly San
Patricio County and its residents. He stated that the Commissioners' Court of
San Patricio County is opposed to the adoption of this policy in the form
presented and strongly recommends that a thorough study of the effects of such a
policy be conducted and that a public hearing be held to receive the input of
all affected individuals and governmental entities.
E. E. Baldwin, representing the Jim Well County Commissioners Court, read a
resolution which was adopted on January 23, 1986, objecting to the proposed plan
of operation to drain Lake Corpus Christi in times of drought; that the Lake
Corpus Christi Association requests that further study be conducted and plans be
submitted for public approval before any action is taken to affect the water
level of Lake Corpus Christi; and that intensive planning of future water
resource utilization set as its goal satisfying the requirements and needs of
all concerned parties.
Evelyn S. Eggert, President of the Board of Trustees of Mathis, Texas, on
behalf of Mathis Independent School District, strongly opposed any proposal to
operate the Lower Nueces River system at the expense of, and to the detriment
of, Lake Corpus Christi, particularly the proposal by the Ad Hoc Corpus Christi
Water Advisory Commission that the City Council act on recommendation of the
commission's consultant from Austin, Rauschuber and Associates. She further
protested anyone who represents or speaks for the City of Corpus Christi or its
advisory committees stating, urging or suggesting that real estate in the
vicinity of Lake Corpus Christi may be a poor investment in light of the Ad Hoc
Commission's report. She stated that this proposal would have far-reaching
effects which would be adverse to their school district, their students, their
community in general and to the broader Coastal Bend area as well. She
expressed the opinion that this proposal would cause an adverse severe economic
impact on the area; that it will be seriously affected even if the proposal is
never implemented because people make investments and buy property on the basis
of long-range plans; and that because of the proposal to operate the system so
that Choke Canyon Reservoir becomes the storage area at the expense of Lake
Corpus Christi, the sales of property in this area will be severely depressed.
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Regular Council Meeting
January 28, 1986
Page 20
She stated that the values of all property in the area will be depressed because
of the expectation that almost on a whim, the City of Corpus Christi apparently
could decide to deprive Lake Corpus Christi of its water. She further stated
that the general depression of property value will inexorably lead to a decline
in the ad valorem tax revenue of the Mathis Independent School District; their
school district cannot afford any loss in tax revenue; they are one of the
poorest school districts in the state; and they maintain a proper tax rate and
cannot offset a loss in revenue which would accompany a general decline in
property value in the District. She contended that this loss of revenue to the
District will cause serious social disruption; their district serves over 2300
students, and many of these students are from homes in which the family income
is below the poverty line; these students and the others must receive as good an
education as possible, and this cannot be provided with reduced revenues. She
added further that the District is the largest single employer in the Mathis
area and if a cutback in revenue affects their employment capabilities, it will
adversely affect the entire community.
Mrs. Eggert continued by stating that there will also be adverse
environmental impacts if this proposal is ever implemented. She stated that
they believed the report and recommendations are only preliminary and that there
has been no study of economic, social or environmental impacts and urged that
the Council study this preliminary report. Mrs. Eggert summarized by stating
that they urged that the City Council drop this proposal from further
consideration, adding that they believed that the City's advisors could develop
alternatives that would benefit the City but not severely disrupt the area as
would this one. She submitted a copy of the resolution adopted by the Mathis
Independent School District protesting consideration of this proposal.
Mr. Gene Dressen, Vice President of San Patricio Municipal Water District,
stated that their Water District is a water customer of the City of Corpus
Christi; their district provides water to several surrounding communities; and
they have considerable water right now but would like to see a plan of continued
water availability.
Mayor Jones then recognized Judge Allen Wood and stated that Judge Wood has
been involved in water resources for many years.
Judge Wood stated that the City should not be concerned with water just for
Corpus Christi. He explained that approval of the proposal was based on the
fact that the City of Corpus Christi should supply water for several cities. He
stated that they are talking about water users in an eight -county area. He
stated that he would like to have copies of the remarks made to examine them
more thoroughly. He agreed with Mr. Lloyd that we cannot wait 30 years to plan
the necessary steps. His concern is with the obligation that this community has
assumed to supply the basic necessary water.
There were no further comments.
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Regular Council Meeting
January 28, 1986
Page 21
Mayor Jones expressed appreciation to the people in attendance and assured
them that this Council had not adopted any report; it is not a firm commitment;
and stated that this Council recognizes the people's concerns. He stated that
there are some issues that the Council is faced with in trying to find the best
possible solution for the community.
There being no further business to discuss, on motion by Council Member
Strong, seconded by Council Member Berlanga and passed unanimously, the Regular
Council Meeting was adjourned at 5:20 p.m., January 28, 1986.
RR
I 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 January
28; 1986, which were approved by the City Council on February 4, 1986.
WITNESSETH MY HAND AND SEAL, this the jZ day of fco5,2K aw , 1986.
Armando Chapa, City Secretary
City of Corpus Christi, Texas