HomeMy WebLinkAboutMinutes City Council - 06/11/1996I 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 June 11, 1996, which were approved by
the City Council on June 18, 1996.
WITNESSETH MY HAND AND SEAL, this 18th day of June, 1996
ando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
June 11, 1996
2 p.m.
PRESENT
Mayor Mary Rhodes
Mayor Pro Tem Melody Cooper
Council Members:
Dr. Jack Best
Betty Black
Tony Heldenfels
Betty Jean Longoria
John Longoria
Edward Martin
Dr. David McNichols
City Staff:
Acting City Manager Bill Hennings
Assistant City Attorney Alison Gallaway
City Secretary Armando Chapa
Mayor Rhodes called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor Gus Sanchez, Segunda Iglesia Bautista, following
which the Pledge of Allegiance to the flag of the United States was led by Council Member Betty
Jean Longoria.
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 Rhodes called for approval of the minutes of the regular Council meeting of May 28,
1996, and there being no corrections, she proclaimed them approved as presented.
* * * * * * * * * * * * *
The Mayor announced that Item 29, the closed session pursuant to Texas Government Code
Section 551.071 regarding Richard J. Herschbach, would not be held.
Mayor Rhodes then read the following two proclamations: "Leadership Corpus Christi Day"
designated as June 13, 1996; and "Ozone Action Day Awareness Season" designated as the months
of June through October.
Ms. Kellie Clark and Ms. Corina Saenz, members of the Leadership Class XXIV Steering
Committee, said interested persons can contact the Greater Corpus Christi Business Alliance for
more information about the Leadership program.
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Regular Council Meeting
June 11, 1996
Page 2
Ms. Gretchen Arnold, a member of the Ozone Task Force, introduced the "Smog Frog," who
will be appearing at several sites to promote awareness of the ozone action day program. Acting
City Manager Hennings noted that last Sunday was an ozone action day --the second of the year --and
the results were very favorable. He added that all of the gasoline sold at local filling stations is clean
burning gasoline, either low reid vapor pressure or reformulated gas.
Council Member Martin asked if the flexible attainment agreement had been signed. Mr.
Hennings replied that it had not been signed, and the city is back in negotiations with Environmental
Protection Agency (EPA) officials over some wording issues in the proposed agreement. Mr.
Hennings explained that the city had inserted language that the EPA would agree not to redesignate
non -attainment during the term of the agreement, which the EPA did not accept; consequently, a
compromise is being sought. A brief discussion ensued, and Mr. Martin said he would like this
subject to be on next week's agenda for a detailed presentation to the Council.
* * * * * * * * * * * * *
The day's first presentation was made by Mr. Ben Walker, President of the Recycling
Coalition of Texas (RCT), who presented three recycling awards: to Mayor Rhodes for Corpus
Christi's sponsorship of the Texas Recycles Day Fair, judged as the "Best Recycling Special Event
in 1995"; to Mr. Ray Vander Bloemen, a City of Corpus Christi Master Composter Program
participant, who was selected as RCT's "Volunteer of the Year"; and to Estela Garcia, the city's
Waste Reduction Program Manager, who received the "President's Award" for her outstanding
commitment and leadership as an RCT activist. Mr. Walker also commended Mr. Bob Bruner,
Director of Solid Waste Services, for his efforts in the recycling program.
The next presentation regarded Vision 2000, and Mayor Rhodes read a proclamation
designating June 15, 1996 as "Vision 2000 Day" in Corpus Christi. Three Vision 2000 Planning
Committee members, Ms. Brooke Sween -McGloin, Ms. Suzelle Mendieta and Mr. David
Underbrink, noted that over 25,000 volunteer hours were invested by more than 2,000 people in the
process, which has resulted in a planning document that will be presented on June 15. In addition,
a time capsule will be held at City Hall for 10 years and then reopened to gauge the city's progress.
The last presentation was about the Community Progress Partnership (CPP), which is being
co-chaired by Mr. Al Jones and Judge Eduardo de Ases. Mr. Jones discussed the group's mission
statement and the process of soliciting input from the community (including two phases of public
meetings). He said there are a number of alternatives for funding various projects, and he
emphasized that the CPP was not a "half -cent sales tax" committee; rather, they are trying to
determine the community's needs and how to fund those needs.
Responding to Council Member Best, Mr. Jones said there are many people involved in the
CPP who are also heavily involved in Vision 2000, and it has always been the CPP's intent not to
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Regular Council Meeting
June 11, 1996
Page 3
duplicate the work of Vision 2000, but rather to implement some of the ideas expressed during
Vision 2000. Judge de Ases added that the CPP members plan to keep the Council fully informed
of their progress.
Council Member Betty Jean Longoria asked how the public meetings will be publicized, and
Mr. Jones replied that there will be a public awareness campaign to do that.
Council Member Martin reiterated that the Community Progress Partnership was not an
attempt to replan but to implement some of the goals of Vision 2000.
Council Member Black urged members of the community to attend the public meetings in
order to have their concerns expressed.
* * * * * * * * * * * *
*
Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and
the following appointments were made:
Corpus Christi Regional Transportation Authority
Robert Jones (Reappointed)
Karen Moody (Reappointed)
Arnold Gonzales Jr. (Reappointed)
Thomas Matthews (Reappointed)
Laurie Cook
Food Services Advisory Committee
Michael Pollog (Reappointed)
D.W. Haven
Municipal Arts Commission
Stewart Neely
Victor Martinez
* * * * * * * * * * * *
*
Mayor Rhodes opened discussion on Item 6, regarding the Texas Natural Resource
Conservation Commission (TNRCC) public hearing on a permit to transfer water from Lake Texana
to the Coastal Bend Region scheduled at 10:00 a.m. on June 18, 1996 in Corpus Christi at Del Mar
Richardson Auditorium.
The Mayor noted that June 18 was a Tuesday, and she asked whether the Council wished to
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Regular Council Meeting
June 11, 1996
Page 4
hold its regularly scheduled Council meeting that day at 2:00 p.m., or reschedule it for another day.
A brief discussion ensued about different options. Responding to Council Member Martin, Mr.
Hennings said that staff was recommending that Mayor Rhodes and Council Member McNichols
both make presentations at the TNRCC public hearing. Dr. McNichols commented about other
public hearings at which he has given presentations, as well as the significance of this public hearing.
Council Member Cooper said it was important for the Council members to be recognized as a body
during the hearing and to sit in a designated area.
Mr. Hennings pointed out that the public hearing will consist of two parts: the first will be
the hearing examiner's decision about whether the irrigators around Lake Texana have status to
request a public hearing. If Corpus Christi receives a favorable decision, the permit should be issued
within a few months; if it is unfavorable, it could be delayed a year or more. The other part of the
June 18 public hearing is the request of the TNRCC to receive public commentary about the permit
application.
Mr. Tim Brown, an attorney with Brown & Potts, which represents the city's water interests
to the TNRCC, discussed the June 18 public hearing. He noted that if this is the most important
issue facing the city, then the Council's absence will be conspicuous. He said depending on how
the meeting is proceeding, the Council could ask the hearing officer during the lunch break that they
be excused in order to attend their regularly scheduled meeting.
Mr. Brown reminded the Council that during the May 8, 1996 meeting of the TNRCC, the
three Commissioners delegated to the state Office of Administrative Hearings the decision of
whether or not persons who hold term water rights (the irrigators) have the standing to petition the
TNRCC to ask for a hearing in the city's matter. The irrigators' position is that if Corpus Christi
receives the authority to move the water from Lake Texana to Corpus Christi, they will not be able
to renew their water rights. Mr. Brown said the city's position is that the water in Lake Texana has
been appropriated to the Lavaca-Navidad River Authority (LNRA) and the Texas Water
Development Board since 1972, and if the city is denied the opportunity to use that water, then the
TNRCC--as a matter of public policy --is encouraging waste of the resource.
Mr. Brown further explained what will probably occur during the public hearing. He noted
that the TNRCC Commissioners have already ruled that a taxpayer has no interest in this issue any
different than the general public at large. He added that a written transcript of the proceeding will
be prepared to use as a resource later.
Mr. Gary Bushell, Vice President of the Greater Corpus Christi Business Alliance, said his
goal is to organize public comment in favor of the interbasin transfer permit. He said it is important
to emphasize that this is a regional issue, therefore, there will be representatives of the seven
counties that are served, which equates to about 500,000 people. He noted that since this is also a
long-term as well as regional issue, it would be helpful to appoint a Regional Water Supply Task
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Regular Council Meeting
June 11, 1996
Page 5
Force that could meet before the hearing next Tuesday so that they could pass a resolution of support
for the granting of the permit. He said they will also be working with other groups, such as the
Black Chamber of Commerce and the Hispanic Chamber of Commerce among others, which are
affected by growth and the use of water in Corpus Christi.
Mayor Rhodes asked if there was a consensus among the Council that they would attend the
public hearing at 10 a.m. July 18 with the expectation that they will be heard early on the agenda,
and then excuse themselves for their own Council meeting. She said if necessary, Dr. McNichols
could stay at the TNRCC meeting to continue to help represent the city's position while the Mayor
returns for the Council meeting. The Council agreed.
The Mayor then referred to a list of members of the Water Supply Task Force, which will
be co-chaired by Dr. McNichols and Mr. Jerry Kane. She said that due to time constraints, not all
of the members had been confirmed, so there may be some replacements. Mayor Rhodes also
thanked Dr. Michael Speed, Mr. Bernard Paulson and other members of the original task force that
had worked diligently on this issue.
Council Member John Longoria asked how the mission of the new task force had changed
from the original one. Mayor Rhodes replied that after extensive discussion and research, the first
task force has brought the city to this point, particularly determining the most reliable and economic
source of water for the area in the future. She said since time is of the essence, the new task force
must work under the assumption that the interbasin transfer will be granted and they will need to
determine the most feasible way to bring the water to this area, as well as how to fund it.
Mayor Rhodes called for a voice vote on the appointment of the members to the Water
Supply Task Force, and the vote was unanimous (with the understanding that some replacements
may be made for people who are unable to serve).
Mr. Kane explained that the Water Conservation Advisory Committee has been meeting
every two weeks, and the current focus is the Condition III trigger levels, and the actions needed to
ensure an adequate water supply. He said that additional issues that will need to be discussed
include methods to reduce reservoir system losses to evaporation, additional sources of water, and
continuing conservation methods.
Mayor Rhodes opened discussion on Item 7, option to purchase Garwood water rights.
Council Member Martin noted that this issue had been discussed at length in the past, and
this was an update on the situation. He asked staff to schedule another discussion of this issue
beginning in November prior to the expiration of the purchase option on December 31, 1996.
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Regular Council Meeting
June 11, 1996
Page 6
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
7. jvi96-161
Motion approving the recommendation that the option to exercise the right to purchase up
to 35,000 acre feet of water rights from Garwood Irrigation Company expiring December 31,
1996 not be exercised at this time, and that further consideration be given to exercising the
option prior to December 31, 1996 and that the City Manager be directed to initiate the
necessary action to enable the City to do so prior to December 31, 1996 should the City
Council desire to do so. The price will increase from $440 to $450 per acre foot on July 1,
1996 and monthly option contract payments will continue at $25,000 and will apply to the
purchase price at the time a successful purchase price is completed.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; B. Longoria absent.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 8, amending the drought contingency plan.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
8.a. FIRST READING ORDINANCE
Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Article XII, Water
Conservation, Sections 55-151, 55-155, and 55-156 and the Water Conservation and Drought
Contingency Plan regarding measures for effluent distribution, use of effluent and gray
water, and the Drought Contingency Plan Penalty provisions; providing for penalties;
providing for severance; and providing for publication.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, Heldenfels, Martin, and McNichols voting "Aye"; B. Longoria and J. Longoria
absent.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 9, collective bargaining agreement with the Corpus
Christi Police Officers' Association.
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Regular Council Meeting
June 11, 1996
Page 7
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
9. M96-162
Motion authorizing the City Manager to execute an agreement pursuant to collective
bargaining negotiations between the City of Corpus Christi and the Corpus Christi Police
Officer's Association for the period August 1, 1995 through July 31, 1998.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, Martin, and McNichols voting "Aye"; B. Longoria and J. Longoria absent.
Council Member Martin requested that the Council have input at the beginning of other
negotiations that will take place, and Mr. Hennings said they would.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Items 10 and 11, property acquisition for the Gateway
Project.
Mr. Tom Utter, Assistant City Manager for Development Services, said Item 10 involved the
Texas Department of Transportation (TXDOT) releasing property from Mesquite Street to Shoreline
Boulevard to the city, which will allow the Gateway Project to move forward. He said staff intends
to present a more detailed presentation during a Council meeting in August. He added that staff has
reached a tentative agreement with the U.S. General Services Administration --which is subject to
Council approval --for the purchase of land for a new federal courthouse.
Mr. Utter said Item 11 is a resolution asking the Texas Transportation Commission to release
another piece of property in the area of the Gateway Project, as well as a motion requesting the
Nueces County Commissioners Court's support of the city's resolution.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
10. RESOLUTION NO 022594
Resolution accepting the provisions of Texas Transportation Commission Minute Order
106845 releasing the easement on Lot 5 and Quitclaiming Lots 2, 3, and 4 to the City of
Corpus Christi for the Gateway Project.
The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, B.
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Regular Council Meeting
June 11, 1996
Page 8
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels abstaining.
11.a. RESOLUTION NO. 022595
Resolution requesting the Texas Transportation Commission to take the appropriate action
to remove that portion of IH -37 and U.S. 181 right-of-way (ROW) bounded by the two
roadways and Mesquite Street from the federal and state highway systems and that the land
be conveyed to the City of Corpus Christi by the appropriate means.
The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels abstaining.
11.b. M96-163
Motion requesting Nueces County Commissioner's Court to support the City's request for
release and conveyance of highway right of way to the Texas Transportation Commission.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels abstaining.
* * * * * * * * * * * * *
Mayor Rhodes called for a five-minute recess.
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on Item 12, regulation of adult businesses.
Mr. Hennings summarized the major provisions in the ordinance thus far, which was passed
on first reading on March 19, 1996: any new adult business would have to be located in the "I-3"
Heavy Industrial zoning district; located at least 1,000 feet from a residential zoning district and
1,500 feet from another adult business; and the Council amended to also require that a business be
at least 1,000 feet from any existing residence, even though the residence may be located in a
business or industrial district. Secondly, the existing businesses which do not conform to those
regulations would have seven years to continue at their present location; and third, the "three strikes
and out" provision about violations by customers and employees of an adult business has been
removed from the ordinance. Consequently, a permit would only be revocable on a violation by an
owner or the spouse of an owner.
Mayor Rhodes called for comments from the audience. She thanked those who have spoken
during several meetings for their courteous behavior while addressing this controversial issue.
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Regular Council Meeting
June 11, 1996
Page 9
Ms. Dee Huber said the Council could change zoning designations at will; she added that if
she wished to buy a business, she should be allowed to do so.
Mrs. Susan Barrett said she still feels that adult businesses contribute to increased crime and
deterioration in neighborhoods while decreasing the value of surrounding properties. She thanked
all the Council members who supported the ordinance, asking them to finally pass it in order to
protect citizens.
Mr. Leon Perez, 904 Buford, said he did not object to locating the adult businesses in the "I-
3" district, but he said there were video stores selling pornography.
Mr. Leo Duran, a local attorney representing several adult businesses, said that while
regulatory aspects of the ordinance had been removed, the approval of the seven-year amortization
period has resulted in a diminution of the value of the existing adult businesses, which will continue
until they are worthless.
Mr. Doug Meissner, owner of Bottoms Up, said that had he known several years ago that the
regulations for adult businesses would change, he probably would have opened another kind of
business. He said the ordinance robs him of his pension plan, and he asked the Council to consider
a longer amortization period for the existing topless bars.
Mr. Fred Braucht, 10761 Emmord Loop, questioned whether the amortization period would
force the existing businesses to shut down after seven years. He said they could maintain their
clientele after they relocate to the "I-3" district.
Mr. Ken Wellborn, a resident of District 1, said it was not coincidental that morals continue
to decrease while crime statistics and revenues from pornography and sexually oriented businesses
increase rapidly. He urged the Council to pass regulations of adult businesses.
Mr. Chester Pakebusch said he lives in the "I-3" district, and he encouraged the Council to
approve the amended ordinance.
Ms. Jackie Jackson, a dancer at Pepper's, said she was angry at people who blamed the city's
problems with gangs and youth violence on topless bars, which she said were intended for adults.
She added that an empty, decaying building hurts adjacent property values much more than an adult
business that pays taxes and provides jobs.
Ms. Ludell Adair, who owns Pepper's, said her business has a legal right to exist, and when
she opened it in the current location, it was properly zoned. She said the rules have changed, and
she urged the Council to reconsider the seven-year amortization provision.
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Regular Council Meeting
June 11, 1996
Page 10
Mr. Gerald Benadum, an attorney representing some of the topless clubs, discussed specific
aspects of the ordinance. He said in the section pertaining to information that is provided on the
application for a permit, the Chief of Police has discretion to revoke a permit if he determines that
that information was materially untruthful, as distinguished from fraudulent. He said he thought the
staff had been instructed to remove the regulatory aspects of the ordinance that cause the need for
the appeal provisions. Mr. Benadum said the Council did not have adequate evidence that the
sexually oriented businesses are causing the problems that are delineated by the "whereas" clauses
at the beginning of the ordinance. Referring to the amortization provision, he said the rules for
existing businesses should not be changed. Mr. Benadum added that much of the topless bars'
clientele are visitors to the city, and they will be forced to go to the heavy industrial area of the city
if they wish to visit an adult business. He said free enterprise and free speech should be the
overriding concern, adding that the public did not support the ordinance.
Mrs. Pam Woods said she had previously worked as a banker, and banks are heavily
regulated, which is what adult businesses should be as well. With regard to the amortization period,
she pointed out that a topless club could decide not to continue operation as a sexually oriented
business at the end of the seven years but remain a bar, allowing it to stay in its current location.
Mrs. Woods referred to an aspect of the revocation of a permit, and she reiterated her assertion that
the ordinance was very necessary.
Council Member Heldenfels said he would continue to oppose the ordinance, and he did not
think it was justified by the evidence presented.
Mayor Rhodes acknowledged that there were some Council members who would have liked
the ordinance to be more restrictive, and others who would prefer more leniency, but the process
called for compromise in order to reach a consensus. She said she disagreed with Mr. Benadum,
saying that public opinion did support the ordinance. The Mayor added that the evidence of the
undesirable secondary effects of adult businesses had already been upheld by the Supreme Court,
noting that Corpus Christi's ordinance was probably one of the most liberal such ordinances to be
passed.
Council Member John Longoria asked what the penalty was for not having a permit.
Assistant City Attorney Norbert Hart said it was a violation of the City Code and punishable in
accordance with Section 1-6. Mr. Longoria then asked what would be the basis for granting an
extension after the seven-year period. Mr. Hennings replied that the grounds for receiving an
extension were listed in the ordinance, and financial and tax records could be used as evidence.
Mr. Longoria asked what would be the purpose of the diagram of the premises. Mr. Hart
replied that certain adult businesses are required to allow the manager to have a view of the area
from a manager's station, and without a diagram staff could not determine if that requirement was
met. Mr. Longoria asked if it was necessary to require that the diagram be "accurate to plus or minus
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Regular Council Meeting
June 11, 1996
Page 11
six inches," and Mr. Hennings said those words could be deleted.
Mr. Longoria asked about the portion of the ordinance which states that "the fee for a
reinspection of the premises is $175.00." Mr. Hart said that fee was established in the instance that
an applicant schedules an inspection of the premises, but he does not appear, which would require
that city officials reinspect the premises later. Mr. Hennings pointed out that that requirement was
contained in the city's building codes as well. He added that the fee for the original application
includes the first inspection.
Mr. Longoria then questioned the statement, "All fees shall be indexed to the Consumer Price
Index -Urban (Houston) and adjusted August 1 each year." He asked if the city could set its own
fees, and Mr. Hennings said it could.
Mr. Longoria referred to the section of the ordinance regarding the spouse of an owner being
convicted of a felony. Mr. Hart said that typically, if a person loses a permit, he or she has his or her
spouse apply for the permit. He said this was similar to the provision in the Texas Alcoholic
Beverage Code (TABC), which is frequently cited. A discussion ensued. Mr. Hart said that in order
to address Mr. Longoria's concern, staff could delete the words "or the permittee's spouse" in
Sections 48-21(b)(5) and 48-23(a)(1).
Mr. Heldenfels said he thought all aspects of the ordinance pertaining to revocation of a
permit had been struck following the Council's discussion of this issue on May 28, 1996. Mr. Hart
said he understood from all of the discussion in general that staff should strike everything related to
customers, employees and the "three strike" rule.
Mr. Longoria made a motion to strike out of the ordinance the following sentence in Section
48-19(g): "All fees shall be indexed to the Consumer Price Index -Urban (Houston) and adjusted
August 1 each year." Mayor Rhodes seconded the motion and it passed unanimously.
Mr. Longoria made another motion to strike out the words "accurate to plus or minus six
inches" in Section 48-19(c)(8), so that the amended sentence would read: "The diagram shall be
drawn to a designated scale." Mayor Rhodes seconded the motion and it passed unanimously.
Mr. Longoria said the provision concerning a felony conviction of a permittee's spouse could
be clarified at a later date.
Council Member McNichols said that at the last meeting, Council Member Martin had made
a motion, which had passed, to strike whole sections of the ordinance. Mr. Hennings replied that
the Council's request pertained specifically to the customers and the employees, but not the owners;
consequently, the customer/employee provisions were deleted but the owner provisions were left in.
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Regular Council Meeting
June 11, 1996
Page 12
Dr. McNichols made a motion to delete the fifth "whereas" paragraph on page 1 of the
ordinance pertaining to a study of sexually oriented businesses conducted by the Corpus Christi
Police Department; the motion was seconded and it passed unanimously.
Mr. Martin referred to Section 48-6(b) regarding the time period for submission of
extensions. Mr. Hennings said the Council had discussed that issue but they did not vote to change
the time period to December 1, 1996. Mr. Martin said he thought the Council had made that change
by consensus. Mr. Hennings said that was a specific amendment that the Council could adopt if they
chose.
In the same section, Mr. Martin noted that the sentence read, "The City Manager may, in his
discretion, grant an extension for operation..." He made a motion to change the words "City
Manager" to "City Council" in that section. The motion was seconded, and it passed unanimously.
City Secretary Chapa polled the Council for their votes as follows:
12.a. ORDINANCE NO. 022596
Amending the Code of Ordinances, City of Corpus Christi, by adding a new Chapter 48,
Sexually Oriented Businesses; requiring permitting of sexually oriented businesses;
regulating the location of sexually oriented businesses; defining sexually oriented businesses,
specified anatomical areas and specified sexual activities; prohibiting specified sexual
activities for consideration or in a sexually oriented business; providing 30 days to submit
initial permit application; repealing Chapter 28, Massage Parlors; providing for penalties;
providing for severance; and providing for publication.
The foregoing ordinance passed on second reading, as amended, by the following vote:
Rhodes, Best, Cooper, J. Longoria, Martin, and McNichols voting "Aye"; Black, Heldenfels,
and B. Longoria voting "No."
12.b. ORDINANCE NO. 022597
Amending the Zoning Ordinance, by amending Article 3, Definitions by including sex
parlors and deleting massage parlors in the definition of sexually oriented business; by
amending Article 4A, "BD" Corpus Christi Beach Design District by deleting sexually
oriented business as an excluded use in the "BD" Corpus Christi Beach Design District; by
amending Article 21, "I-3" Heavy Industrial District by adding sexually oriented business
as a permitted use in the "I-3" Heavy Industrial District; providing for severance; and
providing for publication.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
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Regular Council Meeting
June 11, 1996
Page 13
Cooper, J. Longoria, Martin, and McNichols voting "Aye"; Black, Heldenfels, and B.
Longoria voting "No."
Mr. Martin asked staff to review the minutes of the May 28, 1996 Council meeting
concerning amendments to the ordinance. He said he had made a motion to concur with comments
made by Mr. Longoria, who had asked that more sections of the ordinance be deleted than were
actually deleted upon this reading. Mayor Rhodes said she did not disagree with Mr. Martin, but she
pointed out that this process has been difficult for staff because of the many revisions that have been
made, and she praised staff for their efforts.
City Secretary Chapa noted that Items 12.a. and 12.b. had been listed under public hearings
on the agenda, and he suggested that the Council pass a motion to close the public hearing. Mayor
Rhodes called for a voice vote to close the public hearing, and it passed unanimously.
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the following zoning case:
13. Case No. 596-1. T.G. Properties: A change of zoning from "A-1" Apartment House District
to "I-2" Light Industrial District on John Industrial Subdivision, Lot 3A, located on the west
side of Old Brownsville Road, approximately 375 feet north of Bear Lane.
She said the applicant had asked that this zoning case be tabled, and staff had concurred. Mr.
Utter said staff recommended that it be postponed until June 25, 1996. Responding to Council
Member Martin, Mr. Utter said up until that morning there was no opposition; however, that
morning members of the apartment complex adjacent to the subject property brought in a resolution
that would have called for the 20% rule to be in effect. Following a discussion with staff, they said
they did not think they opposed the zoning change, but they wanted to meet with the other members
of the apartment complex to discuss it further. He said the apartments were Casa de Manana.
POSTPONED
Ilousc District to "B-3" Busiun,ss-Dishint, pielfidi..g fe, l &. utiuir.
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the following zoning case:
14. Case No. 596-2. Coastal Maverick Ltd • A change of zoning from "R -1B" One -family
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Regular Council Meeting
June 11, 1996
Page 14
Dwelling District with a "SP" Special Permit to "B-4" General Business District on Austin
Addition No. 2, Block D, Lot 16 and 0.456 acre out of the south portion of Vineyard Tract,
located on the north comer of Airport Road and Morgan Avenue.
Mayor Rhodes said the Planning Commission and staff recommended denial of the "B-4"
District, and in lieu thereof, approval of a "B-1" Neighborhood Business District. She asked if the
applicant concurred with the recommendation, and Mr. Utter said they did.
No one opposed the zoning application. Council Member Best made a motion to close the
public hearing, seconded by Council Member Heldenfels and passed unanimously.
City Secretary Chapa polled the Council for their votes as follows:
14. ORDINANCE NO. 022598
Amending the Zoning Ordinance upon application by Coastal Maverick Ltd., by changing
the Zoning Map in reference to Austin Addition No. 2, Block D, Lot 16 and 0.456 acre out
of the south portion of Vineyard Tract, from "R -1B" One -family Dwelling District with a
"SP" Special Permit to "B-1" Neighborhood Business District; providing for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the following zoning case:
15. Case No. 596-3E. Marian Ann Coburn. Request for an exception to the standard screening
fence requirement along all of the property lines of Holliday Harbor, Block 1, Lots 21
through 33, located on the northeast comer of Yorktown Boulevard and Laguna Shores Rd.
Mayor Rhodes said the Planning Commission and staff recommended denial of the screening
fence waiver along the north and west boundary lines and approval of the waiver of the screening
fence along the south and east boundary lines subject to two (2) conditions. The Mayor asked if the
applicant agreed to the changes, and Mr. Utter said she did.
No one opposed the change. Council Member Best made a motion to close the public
hearing, seconded by Council Member Heldenfels and passed unanimously.
Council Member Martin asked what the applicant planned to put on the subject property.
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Regular Council Meeting
June 11, 1996
Page 15
Mr. Brandol Harvey, Director of Planning and Development, said he thought the applicant intended
to retain the boat storage units on the property currently and to bring in some travel trailer units on
the rest of the property. Mr. Martin asked if travel trailer parks are typically screened, and Mr.
Harvey said the standard requirement is for a screening fence from a travel trailer park to adjacent
property or to public rights of way.
Mr. Martin said the property along the whole length of Laguna Shores will be unscreened
except by vegetation, which the city cannot enforce because there is no guarantee that it will grow.
Mr. Harvey replied that should the vegetative screening fail, the applicant would lose the exception
and they would have to install a fence. Mr. Martin said he did not think the screening of oleander
plants would grow to a height of six feet within one year as required, and he asked staff to add a
condition that this zoning case come back before the Council in one year for review. Mayor Rhodes
agreed with Mr. Martin's request. Mr. Utter suggested that the case be brought back prior to the end
of the one-year period.
Council Member McNichols said the relatively undeveloped location of the subject property
should be taken into consideration. Mr. Harvey showed a video of the subject property. Dr.
McNichols said the only people who might be affected were the residents of the homes, which were
not immediately adjoining the subject property.
City Secretary Chapa polled the Council for their votes as follows:
15. M96-164
Motion, upon application by Marian Ann Coburn, denying the screening fence waiver along
the north and west boundary lines and approval of the waiver of the screening fence along
the south and east boundary lines subject to three (3) conditions on Holliday Harbor, Block
1, Lots 21 through 33.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
* * * * * * * * * *
*
**
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 16 through 27, and Council Members requested that
Items 16 and 24 be withheld for discussion.
City Secretary Chapa polled the Council for their votes and the following were passed:
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Regular Council Meeting
June 11, 1996
Page 16
17. M96-166
Motion approving supply agreements for vehicle & equipment tires and tubes in accordance
with Bid Invitation No. BI -0175-96 with the following companies for the following amounts,
based on low bid and only bid, for multiple progressive awards, for a total estimated annual
expenditure of $462,273.45. The tires and tubes covered under this agreement will be used
by the Fire Department and Maintenance Services on passenger cars, pick-up trucks, police
cars, ambulances, fire engines, commercial trucks and equipment. The term of the contracts
will be for twelve months with options to extend for up to two additional twelve month
periods subject to the approval of the suppliers and the City Manager or his designee. Funds
have been budgeted by the using departments in FY 95-96.
A to Z Tire & Battery, Inc.
Corpus Christi. Texas
Primary Supplier Items:
1.1-1.9, 1.11, 4.1-4.5, 4.7, 4.8, 5,
6.1-6.66, 7.1-7.5, 8.2, 9.1 & 9.3
Total: $305,913.50
Creager Tire
Corpus Christi Texas
Primary Supplier Items:
1.10, 1.12, 3.1-3.3, 8.1, 9.2, 9.4,
9.5, 10.1-10.3
Total: $44,940.69
Treadco, Inc.
Corpus Christi. Texas
Primary Supplier Items:
2.1, 2.2, 4.6, 4.9-4.11
Total: $111,419.26
GRAND TOTAL: $462,273.45
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
18. M96-167
Motion approving a supply agreement with Uponor Aldyl Company, Shawnee, Oklahoma
for approximately 57,000 feet of 1/2", 1", and 2" polyethylene pipe and approximately 1,100
polyethylene fittings in accordance with Bid Invitation BI -0211-96 based on low bid for an
estimated annually expenditure of $26,601.90. The term of the contract will be for twelve
months with an option to extend for up to two additional twelve month periods subject to the
approval of the supplier and the City Manager or his designee. Funds have been budgeted
by the Gas Department in FY 95-96.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
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Regular Council Meeting
June 11, 1996
Page 17
19. M96-168
Motion to provide a bonus for the Deputy City Manager while he is assigned as Acting City
Manager in the amount of $830.77 per pay period.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
20. M96-169
Motion awarding a contract in the amount of $324,548 to West Oak Constructors for the
1996 - Sacky Lift Station Wastewater Force Main Replacement and Relocation.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
21.a. ORDINANCE NO 022599
Ordinance appropriating $60,333 in the No. 117 Airport Fund Capital Reserve; amending
the FY 95-96 Budget adopted by Ordinance No. 022279 to increase appropriations by
$60,333 in the No. 117 Fund; authorizing the transfer of $60,333 from the No. 117 Fund to
the No. 245 Capital Improvement Fund; appropriating $60,333 in the No. 245 Capital
Improvement Fund for the City's share of the paving rehabilitation of Runway 17/35 from
FAA Grant Number 3-48-0051-23-96; amending the FY 95-96 Capital Budget adopted by
Ordinance No. 022394 to increase the Airport Capital Improvement Fund by $60,333.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
21.b. M96-170
Motion awarding a contract for engineering services for Runway 17/35 Pavement
Rehabilitation project at the Corpus Christi International Airport (CCIA) in the amount of
$44,500 to the Simpson Group.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
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Regular Council Meeting
June 11, 1996
Page 18
22. M96-171
Motion authorizing the City Manager or his designee to execute the Contract of Transfer,
Assignment, Subrogation, and Cooperation with the Texas Natural Resources Conservation
Commission (TNRCC) which provides for TNRCC to reimburse the City $17,894 for
expenditures incurred to perform environmental mitigation activities at the old RTA Bus
Facility in Corpus Christi.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
23. ORDINANCE NO. 022600
Ordinance appropriating a grant from the Texas Department of Health in the amount of
$293,033.21 to fund Group Nutrition Education, individual counseling, and to prescribe food
at no cost to individuals identified as having nutritional deficiencies and/or nutritional risk
during the period April 1, 1996 to September 30, 1996; amending Ordinance No. 022279,
which adopted the FY 1995-96 Budget; by adding $293,033.21 to No. 162 Federal/State
Grants Fund -Health Department.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
25. FIRST READING ORDINANCE
Amending the Corpus Christi Code of Ordinances, Chapter 53 - Traffic, Schedule V, Section
53-254 - Increase of State Speed Limit in Certain Zones by establishing revised speed limits
on sections of Interstate Highway 37, S.H. 358 (Padre Island Drive Expressway), S.H. 286
(Crosstown Expressway), U.S. Highway 181 Expressway, S.H. 44 Expressway, Park Road
22 (South Padre Island Drive), and S.H. 361 conforming to the speed limits approved by
Texas Transportation Commission Minute Order 106806.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols voting
"No."
26. FIRST READING ORDINANCE
Closing and abandoning a 49 square foot area of a 7.5 foot wide utility easement in Lot 16,
Block 7, Ridgewood Subdivision; subject to compliance with the specified conditions and
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Regular Council Meeting
June 11, 1996
Page 19
the owner replatting the property within 180 days at the owner's expense.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
27. ORDINANCE NO. 022601
Amending the Code of Ordinances, Chapter 53 - Traffic, Section 53-252, Schedule III -
Parking Prohibited at All Times on Certain Streets by restricting curbside parking at all times
on both side of McKinzie Road, between McKinzie Lane and a point approximately 375 feet
south of Haven Drive.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 16, agreements for sludge de -watering polymers.
Responding to Council Member Black, Mr. Carl Crull, Assistant City Manager for Public
Works and Utilities, said the polymers are a liquid chemical which helps take the water out of sludge
more easily. He added that since the sludge is being disposed of at the landfill, it has to contain a
certain percentage of solids, and the de -watering polymers assist in meeting that requirement.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
16. M96-165
Motion approving supply agreements with the following companies for sludge de -watering
polymers in accordance with Bid Invitation No. BI -0070-96 based on low bid for a total of
$100,883.08. The term of the contracts will be twelve months with option to extend for up
to two additional twelve month periods, subject to the approval of the suppliers and the City
Manager or his designee. This chemical is used by the Wastewater Department in the
treating of wastewater at the Oso, Broadway and Allison treatment plants. Funds have been
budgeted for FY 95-96.
Polydyne, Inc. Stockhausen, Inc.
Parsippany. NJ Greensboro. NC
Oso/Broadway Treatment Plants Allison Treatment Plant
$80,443.00 $20,440.00
Grand Total: $100,883.08
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Regular Council Meeting
June 11, 1996
Page 20
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 24, amendments to the animal control ordinance.
Responding to Council Member John Longoria, Mr. Hennings said the ordinance was
adopted several years ago in order to avoid the situation whereby someone might win an animal
when they are not prepared to be a pet owner. He said the purpose is to ensure that animals receive
proper care and shelter. A brief discussion ensued.
Council Member Black asked if cats and dogs had always been required to have collars with
a valid city license tag, and Mr. Hennings said they had.
Mayor Rhodes called for comments from the audience.
Ms. Dee Huber said that cats should not be required to wear collars because some cats hang
themselves on their collars. Mr. Hennings said the ordinance requires dogs and cats to wear licenses
at all times.
City Secretary Chapa polled the Council for their votes as follows:
24. FIRST READING ORDINANCE
Amending the Corpus Christi Code of Ordinances, Chapter 6, Animal Control, to amend the
definition of restraint; to change the age requirements for obtaining a license and rabies
vaccination from four months old to three months old; to clarify animal collar requirements;
to prohibit offering to give away an animal as a prize; providing for severability; providing
for publication; providing for penalties.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes announced that the closed sessions on the following two items would not be
held: Item 28 - pursuant to Texas Government Code Section 551.074 regarding new City Manager
selection; and Item 29 - pursuant to Texas Government Code Section 551.071 regarding Richard J.
Herschbach, an Individual and on behalf of Retired Firefighters and Benefit Recipients of the Corpus
Christi Firemen's Relief and Retirement Fund, v. City of Corpus Christi, and the Board of Trustees
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Regular Council Meeting
June 11, 1996
Page 21
of the Corpus Christi Firemen's Relief and Retirement Fund, Cause No. 89-4954-D, 105th District
Court, Nueces County, Texas.
* * * * * * * * * * * * *
Mayor Rhodes called for the City Manager's report. Mr. Hennings said there would be two
presentations conceming police personnel changes and the status of the city's water wells.
Police Chief Alvarez said five additional officers had been reassigned to the Juvenile
Enforcement Team (JET) in an effort to step up the enforcement of the night time curfew ordinance,
as well as other laws that in the past have not been vigorously enforced. He said the intention is to
keep as many young people off the streets after 11 p.m. as possible. In addition, the Police Chief
said the JET team would be merged with the Special Services Division, and he is trying to locate a
building that could serve as a temporary detention facility in which to temporarily place juveniles
who are picked up for violating the night time curfew.
Responding to Mayor Rhodes, Chief Alvarez said that if a juvenile is picked up, he is taken
back to his home by the police officer; however, if the parents are not home, then the police have to
find a responsible adult with whom to leave the juvenile, such as a neighbor. The Mayor asked if
the temporary facility could be paid for with drug funds, and the Chief said it could. He added that
he is waiting to receive a response from officials at the Juvenile Justice Center, and he may also
pursue a partnership with the TRIP Center.
Council Member Cooper said she supported the concept of a temporary facility for curfew
violators. She described a similar center that is operating in Houston which is very effective. She
added that she was glad the JET Team was being increased.
Council Member John Longoria suggested that the city begin working on a Corpus Christi
crime initiative that would not only focus on gang activity but also the "quality of life" crimes in
order to lower the tolerance level of all crimes. He proposed that discussions be held on that issue
during the Council meetings for the next few months to try and seek solutions. Chief Alvarez said
the Police Department is utilizing its Organized Crime Analyst to assist in that initiative. He added
that city and county officials have met and discussed the need for a special prosecutor who would
focus on gang -related crimes.
Council Member Betty Jean Longoria commented that other states have much more
restrictive regulations regarding juvenile violations, and she wondered if Corpus Christi's regulations
should be reviewed in order to determine if they could be made more effective. She said it was
important for all the different entities to work together on this issue. Chief Alvarez added that
members of the U.S. Attorney's Office were also present at a recent meeting, and he asked for their
assistance in seeking funding for a possible "sting" operation to get guns off the streets.
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Regular Council Meeting
June 11, 1996
Page 22
Council Member Black said now that the adult business ordinance was behind the Council,
it was time to focus on the gang problem in Corpus Christi, because it will continue to worsen unless
action is taken.
Council Member Best asked about the amount of space that would be needed for a temporary
detention facility. Chief Alvarez said it should be large enough to hold about 50 juveniles a night
in order to allow police to call the parents so they can pick up their children from the facility. He
said the facilility will have to be certified by the Board of Judges as a juvenile detention facility. Dr.
Best then asked if the curfew violators could be put to work while they are being detained, and Chief
Alvarez said that would not be feasible, since they would only be detained for a few hours during
the early morning. He added that chronic offenders would end up in Juvenile Court and the judge
can sentence them to community service. A brief discussion ensued.
Mrs. Cooper said she supported Mr. Longoria's suggestion about a crime initiative. She
noted that the state of Arkansas adopted a master action plan on gang violence a few years ago. She
also announced that Mr. Steve Nawojczyk, a noted expert on gangs, will speak in Corpus Christi on
July 18 at City Hall during the meeting of the Mayor's Task Force on Youth Violence, and on July
19, possibly at the Bayfront Convention Center.
Mrs. Cooper added that she had asked Chief Alvarez about increasing the amount of the
penalty for parental responsibility violations, but the city is prohibited by the State Legislature from
charging more than $500 as a municipal fine.
Mr. Hennings said the next presentation concerned an analysis of the water wells. Mr. James
Dodson, Regional Water Director, said the reservoir levels continue to decline, while the relative
water use this year compared to last year is slightly higher. He said that can partially be attributed
to the fact that it was a much wetter period during this time last year and demand was off. He
emphasized that if the city did not have the drought contingency measures in place at this time, the
demand could be much higher.
Mr. Dodson said he had also asked the industries to participate in the reduction in water use
on a voluntary basis during this period of Condition II, and seven of the 13 industries indicated the
measures they have implemented or will implement to achieve the desired 10% to 15% reduction
in water use. Mayor Rhodes asked that that information be documented since so many people
continue to criticize the industries for their water use. Mr. Dodson agreed, noting that during the last
six months, industries' water use has been constantly declining.
Mr. Dodson then introduced Mr. Ken Choffel, with HDR Engineering, who used graphs and
maps to illustrate the location and status of the wells: there are three wells that discharge directly into
Lake Corpus Christi, and 10 wells downstream of the lake which discharge directly into the Nueces
River; and there are four wells near Campbellton on the Atascosa River.
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Regular Council Meeting
June 11, 1996
Page 23
Mr. Choffel compared the 13 Lake Corpus Christi wells with the four Campbellton wells,
using the following data: pumpage recovered is 9.7 million gallons per day (MGD) for the Lake
Corpus Christi wells, versus 2.3 MGD for the Campbellton wells; percent recovered is 70% versus
35%; start-up cost is $90,000 versus $143,000 (which does not include the cost of cooling facilities
since the Campbellton water exceeds the permitted temperature); annual power cost is $265,000
versus $420,000 (again, does not include cooling); the water quality is poor versus fair; and the
temperature is okay at Lake Corpus Christi versus 140° F at Campbellton.
Mr. Choffel also discussed the supplemental well field activation under a worst-case scenario
for 26 months from June 1, 1996 --the Campbellton wells would yield about 5,000 acre-feet, which
is only about a 15 -day water supply to the city; the Lake Corpus Christi wells would yield about two
months worth of water storage. Based on the data he presented, Mr. Choffel discussed the various
issues involved in operating the wells near Lake Corpus Christi and Campbellton wells. He said that
in lieu of using the Campbellton wells, the Council may want to consider that the same volume of
water can be obtained by drilling three or four additional wells around Lake Corpus Christi; by
obtaining rights to use three or four wells that could be rehabilitated; or by operating the wells in
place now around the lake for an additional six months.
Dr. Best expressed concern about depleting the water table around the lake, and Mr. Choffel
said the wells would produce water that for the most part would not be obtained otherwise, since the
silt bed at the bottom of the lake tends to help "seal" the lake off.
Mayor Rhodes asked that the Council members who had left the meeting receive copies of
Mr. Choffel's presentation. She said it would also be helpful to the Council for staff to list the topics
that will be discussed under the City Manager's Report.
* * * * * * * * * * * * *
In her report, the Mayor asked about the authorization for the expenditure of funds by the
Mayor's Task Force on Youth Violence, and Mr. Hennings replied that there was a system in place
to deal with that.
Mayor Rhodes called for Council concerns and reports.
Council Member John Longoria referred to a recent article in the Rio Grande Valley Star
which reported that Mr. Stan Samberg had asked for an extension on his work on an outlet mall in
that area. Mr. Utter replied that Mr. Samberg has been working on the mall there and the outlet
center in Corpus Christi at the same time. Mr. Samberg indicated to staff that the Corpus Christi
mall is progressing much faster than the Valley center.
Mr. Longoria said the Council had also received letters from local retailers asking them to
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Regular Council Meeting
June 11, 1996
Page 24
endorse their businesses. Mr. Utter explained that Sunrise Mall is proposing to convert to a "value
center" which typically would not have true factory outlet stores, but rather off-price discount stores.
Mr. Utter noted that Corpus Christi tries to promote a business -friendly climate, but business needs
to compete against business, and the city tries not to get involved in the competitive aspect of it.
With regard to the outlet mall, the city services that are being provided are the reversal of the
highway ramps, an example of how the city would try to assist any large development; and water
and sewer services, which are also designed to serve the new golf course.
Mr. Longoria also asked about Kingsville's water contract. Mr. Crull replied that Corpus
Christi does not sell water directly to Kingsville but through the South Texas Water Authority
(STWA), and Kingsville is taking a very small amount of water from the STWA and he did not think
it was a "take -or -pay" contract. He said Kingsville was relying more on water wells. Mr. Hennings
said that whatever water Kingsville does use from the STWA, they have an obligation to conserve.
Council Member Black asked if people were allowed to drink from open liquor containers
in public areas, and Mr. Hennings replied that they could because there is no ban on drinking in
public places; however, there are regulations for drunk and disorderly behavior. Mayor Rhodes
pointed out that the TABC regulates that, and the Texas Municipal League has been trying to restore
that authority back to cities, but the alcohol lobby has been very strong. Mrs. Black asked if police
on foot patroled the area along Shoreline and downtown, and the Mayor said there are bike patrols.
* * * * * * * * * * * * *
Mayor Rhodes called for petitions from the audience.
Mr. Willis Lee Johnson, President of the Ehlers Garden Addition Neighborhood, presented
a petition signed by members of Searching for Environmental Justice. Mr. Johnson cited several
sections of the City Charter to demonstrate his contention that the city has failed to enforce
environmental protection measures for the residents of "Refinery Row." He added that the residents'
complaints are not being addressed, while the city continues to emphasize economic development.
Ms. Dee Huber said she was not in favor of nor opposed topless bars, but she questioned the
Council members' motives in voting on that issue. Mayor Rhodes said the Council tries to make all
of its decisions based on what is best for the city as a whole.
There being no further business to come before the Council, Mayor Rhodes declared the
Council meeting adjourned at 6:20 p.m. on June 11, 1996.
* * * * * * * * * * * * *