HomeMy WebLinkAboutMinutes City Council - 08/27/1996I 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 August 27, 1996, which were approved
by the City Council on September 10, 1996.
WITNESSETH MY HAND AND SEAL, this 10th day of September, 1996
Armando Chapa
City Secretary
SEAL
M►I:KUF ILMEO
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
August 27, 1996
2 p.m.
PRESENT
Mayor Mary Rhodes
Mayor Pro Tem Dr. Jack Best
Council Members:
Betty Black
Melody Cooper
Tony Heldenfels
Betty Jean Longoria
John Longoria
Edward Martin
Dr. David McNichols
Ci y Staff:
Acting City Manager Bill Hennings
City Attorney James R. Bray, Jr.
City Secretary Armando Chapa
Mayor Rhodes called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor Tommy O'Dell, Liberty Baptist Church, following
which the Pledge of Allegiance to the flag of the United States was led by Council Member Martin.
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 August
13, 1996, and there being no corrections, she proclaimed them approved as presented.
The Mayor then announced that Item 17 (purchase of a trenching machine and trailer) was
being pulled from the day's agenda.
* * * * * * * * * * * *
*
Mayor Rhodes referred to a presentation concerning Bayfest '96. Ms. Yma Urban and Ms.
Shawn Bevly, General Chairpersons of Bayfest, invited the Council and the public to attend the
annual festival, which will be held September 20-22, 1996 on the bayfront. They then showed a
short video about particular highlights of the event.
* * * * * * * * * * * * *
Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and
the following appointment was made:
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Regular Council Meeting
August 27, 1996
Page 2
Nueces County Community Action Agency
Freddy Cavazos
*************
Mayor Rhodes opened discussion on Item 3, water conservation measures.
Acting City Manager Hennings introduced Mr. Dick Moser, the new Mayor of Portland. Mr.
Moser noted that the City of Portland and surrounding communities are totally dependent upon
Corpus Christi's water supply and are deeply affected by the decisions made by the Corpus Christi
City Council. He said the Council has adopted a bold, yet reasonable, plan that provides the most
expedient and least costly supply of water to this area. He said that Portland residents also support
the Council in its continued study of desalination.
Mr. Hennings commented that the rains of the past week were very welcome; however, the
rainfall at the reservoirs did not produce any significant streamflows, and the current capacity of the
total system is now 25.8%.
Mr. James Dodson, Regional Water Director, discussed the status of the freshwater pass-
through amounts. He explained that when Condition II of the Drought Contingency Plan was
implemented in May, the monthly targets were reduced to the drought of record inflows, which are
1,200 acre-feet per month. He noted that the city has saved a significant amount of water by
implementing that provision. In May, the total reservoir system inflows were only 462 acre-feet, and
under the Agreed Order, the city is only required to pass through fresh water that comes into the
reservoirs up to the monthly target; if it is less than the target, the city is not required to release any
water from storage to make up the difference. In addition, there is a 500 acre-feet credit each month
for return flows, which meant that no water was required to be released in May and a 500 acre-feet
credit was carried over to the month of June. Mr. Dodson also explained the inflows and credits
which occurred in June and July.
Mr. Dodson said that in August a credit of 143 acre-feet was carried over from July, and this
month to date 2,376 acre-feet of inflows has been measured. After calculating the credits, the city
will be required to release 286 acre-feet of inflows by the end of August. He added that there has
been some inflows below the Wesley Seale Dam on the Nueces River, allowing the city to reduce
the amount of water that needed to be transferred from Wesley Seale to the water treatment plant in
Calallen. Mr. Dodson also discussed the effect of the required pass-throughs, concluding that while
they do not significantly affect the area's total water supply, they do affect the public's perception
about the use of the water resources.
Mayor Rhodes noted that despite the required pass-throughs, the amount of salinity in the
bays and estuaries had not abated. However, she said that the key issue for the Texas Natural
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Regular Council Meeting
August 27, 1996
Page 3
Resource Conservation Commission (TNRCC) is that Corpus Christi is making a concerted effort
to protect its water supply.
Council Member McNichols pointed out that the entire region uses about 12,000 acre-feet
of water per month, and under the plan only about 200 to 400 acre-feet is actually being required to
be released; on the other hand, during the peak summer months about 12,000 to 15,000 acre-feet of
water per month is lost to evaporation. He said the TNRCC is aware of the public perception
problem and the lack of environmental benefit of the freshwater releases, and city officials are asking
the state agency to eliminate the required releases.
Council Member Martin said that based on the information Mr. Dodson presented, the
implementation of Condition III should not be considered on the basis of receiving relief from the
water release requirements, since they do not drastically affect the overall water supply.
Mayor Rhodes quoted a portion of a letter she received August 27, 1996 from Mr. Barry
McBee, TNRCC Chairman. In the letter Mr. McBee noted that the Council was considering
implementing the remaining provisions of Condition II, "however, to qualify for the total suspension
of the pass-through requirement under the Agreed Order, the City must also implement Condition
III. Such implementation could occur in a phased approach, similar to that utilized in the
implementation of Condition II."
The Mayor further quoted Mr. McBee's letter, "This phased -in approach could begin
immediately with those water use reduction measures that provide minimal economic impact to
businesses and industries, including but not limited to: curtailing use of water for scenic and
recreational ponds and lakes; not allowing water to be used to put new agricultural land into
production; and providing water to restaurant customers only upon request." Mr. McBee also
suggested that the Council "review Condition III and bring forth a work plan" to the TNRCC for
consideration.
Referring to that work plan, Mayor Rhodes said it is important to set a date certain for the
commencing of the first phases of Condition III, so that city staff and the public can begin preparing
for it, as well as to indicate to the TNRCC the city's willingness to continue its conservation efforts.
In response to Council Member Heldenfels, Mr. Dodson said that the Agreed Order stipulates
that the city will receive 54,000 acre-feet per year credit for all of the return flows outside of Nueces
Bay. He added that it was originally estimated several years ago that the system would have a firm
yield of 252,000 acre-feet per year with 60% return flows; however; the return flows are now
computed to be 47%, with less acre-feet per year of firm yield.
Council Member John Longoria asked about the rate of evaporation, and Mr. Dodson said
the peak period for evaporation is during the hot summer months, with about 17,000 acre-feet of
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Regular Council Meeting
August 27, 1996
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water lost to evaporation in July. Mr. Longoria asked what the average evaporation would be from
November to April, and Mr. Dodson said it would probably be 7,000 to 8,000 acre-feet per month.
Responding to another question from Mr. Longoria, Mr. Dodson said that under the worst
case scenario, which would assume essentially no inflows, no releases, and no pumping of water
wells, there may be only about 14 to 16 months left of the region's water supply. However,
assuming that some of those factors would change (reduction in demand, additional pumping of
wells, etc.), there may be an 18- to 24 -month supply of water. Mr. Longoria said that since the time
period is so short, more steps to conserve water needed to be taken, such as not allowing the
watering of lawns with potable water.
Mr. Dodson added that while it is estimated there is 18 to 24 months of water supply
remaining, the impact of drawing down the area's reservoirs is felt much sooner than that, since the
water needs of communities which rely on the reservoirs have to be considered.
Mr. Hennings pointed out that Items 3.a. and 3.b. on the day's agenda deal with
implementing the remaining provisions of Condition II effective September 16, 1996. He said that
Item 3.a. would amend the ordinance to provide for lawn watering every two weeks; provide for
watering of trees, shrubs and gardens on an odd/even basis; no use of city water on golf course
fairways, while watering tees and greens only on Mondays, Wednesdays, Saturdays, and Sundays
from 6 a.m. to 10 a.m.; no washing of buildings by commercial operators; and other provisions.
The Acting City Manager said that in the implementation plan he provided for allowing
construction contractors who have entered into contracts before the effective date of September 16
to continue the use of water from fire hydrants for construction projects.
Council Member Cooper questioned the prohibition against the washing of buildings by
commercial operators. She made a motion to delete that prohibition from the proposal, and Mayor
Rhodes asked Mrs. Cooper to delay her motion until discussion on this item was concluded. Mrs.
Cooper said she would also prefer implementing Condition III in a phased -in way rather than all at
once.
Council Member Best asked what sources of water would be available if the reservoirs were
depleted. Mr. Dodson explained that the Regional Water Supply Task Force has formed a
subcommittee on Additional Water Supply, and city staff has been working on the same issue. He
said that in a worst case scenario, the city would have to use every means it could to provide water,
such as trucks, tank cars, and barges full of water.
Dr. Best asked about the effect on surrounding communities of drawing down the reservoirs.
Mr. Dodson said that many still have wells they can use, but the quality and quantity of the water
are not the best but could be used in an emergency. He added that the city has four wells that are
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Regular Council Meeting
August 27, 1996
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part of the Carrizo Aquifer in Campbellton, but the water comes out at about 140° F and there would
be significant channel losses (60% to 70%) by the time the water reaches Calallen.
Dr. Best said that Humboldt Exxon's pipelines from LakeTexana to this area are not available
to transport water. Mr. Dodson noted that very early in this process staff contacted all of the entities
that have pipelines to the Lake Texana area, and at that time all the pipelines were in service and
there appeared to be no willingness to convert them from natural gas or other products to convey
water. Dr. Best asked about the possibility of utilizing eminent domain, and City Attorney Bray said
that option was available.
Replying to another question from Dr. Best, Mr. Dodson pointed out that the area's water
use is not that much greater now than it was during the last drought in 1984. Dr. McNichols said
that over the years industrial consumption has been reduced.
In response to Council Member Betty Jean Longoria, Mr. Hennings said that contractors
which have existing construction contracts would be "grandfathered" and allowed to use fire
hydrants as a water source, but all new contracts established after September 16, 1996 would have
to use water from other sources.
Mrs. Longoria also asked about water flowing over the dam at Calallen, and Mr. Dodson said
that was caused by runoff below Wesley Seale Dam in the area between Mathis and Calallen. Mrs.
Longoria referred to a call from a citizen who said that he was ready to implement Condition III
because of the abuse of the water restrictions.
Mr. Hennings said that there was concern about the ability of athletic fields to be maintained
under an every two-week watering schedule. Mr. Tom Utter, Assistant City Manager for
Development Services, said staff has discussed the issue of athletic fields with representatives of area
school districts and Little Leagues. He noted that the presence of large cracks in playing fields can
be very dangerous for young children; therefore, it is being recommended that playing fields be
allowed to be watered once a week rather than every other week, with a few exceptions. Mayor
Rhodes asked what amount of water would be entailed, and Mr. Utter said staff would bring that
information back to the Council.
Mr. Martin said that for several reasons, the Council needs to seriously consider the
implementation of Condition III, rather than spending time discussing the remaining provisions of
Condition II. Dr. McNichols said he did not agree, due to the fact that the implementation plan was
designed to allow the public to adapt to the increasingly restrictive water conservation measures over
a period of time rather than all at once. He said that in the meantime, the Water Conservation
Advisory Committee and the Council can continue to debate the appropriate time to implement a
phased -in approach to Condition III.
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Regular Council Meeting
August 27, 1996
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Mr. Longoria commented that the real water savings occurs in Condition III, particularly with
the implementation of water allotments. He said he felt that too much time and energy will be spent
on implementing the remaining provisions of Condition II when the effort should be to prepare for
Condition III. He added that he had attended the last meeting of the advisory committee, and he did
not think there was enough consensus among the members about finding ways to reduce water
consumption.
Responding to Mrs. Cooper, Mr. Hennings said that in Condition III water allotments for
residential customers will be based on the number of persons in each household; for non-residential
customers, the allotment will be based on a percentage of the previous year's use for the same
month. He added that the ordinance currently states that a business would have to reduce
consumption by 25% in Condition III; however, the advisory committee is recommending that that
be changed to a reduction of 10% from the same month last year, and then three months from now
an additional 5% reduction would be required.
Mrs. Cooper asked how a business would seek to change its allocation. Mr. Hennings said
the business owner could make a presentation to the Water Allocation Review Committee. He noted
that the committee was appointed by the Council during their August 13, 1996 meeting, and the
committee met for the first time on August 26, 1996.
In response to Mr. Longoria's previous comment about the Water Conservation Advisory
Committee, Dr. McNichols acknowledged that there has been much debate among the members of
that committee because it consists of people representing interests from throughout the region;
however, their goal is to conserve water.
Council Member Black said many people believe that if the city releases freshwater into the
bay then they do not have to abide by the water restrictions. She urged a phased -in approach to
Condition III --with as little economic impact as possible --in order to take advantage of the
suspension of the water release requirements. She agreed with Mr. McBee of the TNRCC that a plan
to implement Condition III needs to be developed.
Mr. Jim Naismith, a Co -Chairman of the Water Conservation Advisory Committee, said that
the members are struggling to balance the need to achieve water savings while at the same time
recognizing economic realities. He pointed out that water savings is very difficult to quantify. Mr.
Naismith said that after much discussion, the committee made the recommendation to move the
Condition III trigger point from its current 11% of reservoir system capacity to 18%. He said the
committee felt that details concerning how to begin implementing Condition III should be made at
the Council's discretion.
Mr. Martin asked Mr. Hennings to discuss the commercial businesses that would be affected
by the implementation of the remaining provisions of Condition II. Mr. Hennings said they were
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August 27, 1996
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landscape maintenance companies; golf courses which use city water; power washing companies;
as well as the cost of construction due to the prohibition against using water from fire hydrants for
construction work. Mr. Martin pointed out that Condition II measures predominantly affect
residential customers, while Condition III provisions affect commercial customers.
Mr. Naismith then introduced Mr. Mark Smith, representing the Board of Trade and the
manager of project and process engineering at CITGO. Mr. Smith said that as a member of the
Water Conservation Advisory Committee, he was asked to compile data concerning the impact of
Condition III on the large refining and petrochemical companies in this area. He said he surveyed
the Board of Trade companies regarding the impact on jobs; profitability; operating costs of reduced
water use; the cost of projects related to water conservation; and the timing required to implement
Condition III. He used charts to discuss these elements, pointing out that local industries are very
water efficient, and they favor a phased implementation of Condition III at appropriate lake levels
which will allow for water conservation project development. Mr. Smith noted that the phased -in
implementation delays severe economic hardships related to the 25% reduction of water usage, and
it recognizes efficient practices that have been adopted since the development of the drought
management plan.
Responding to Dr. Best, Mr. Smith said that if a 25% reduction in water use was
implemented immediately, the industries would lose $142 million; however, if they have time to
phase in their reduction in a planned fashion, they will mitigate that loss. He said by November the
industries will be ready to implement a 10% to 15% water reduction. Dr. Best asked if the
companies would be willing to help finance the pipeline from Lake Texana, and Mr. Smith said the
companies have indicated they would be willing to pay for their fair share based on their water
usage.
In reply to Mr. Martin, Mr. Smith said the Board of Trade consists of 16 large industrial
companies in Corpus Christi, which accounts for over 90% of the industrial water usage and one-
third of the total system water demand. Mr. Martin commented that Mr. Smith's data concemed the
Board of Trade industries, while there are thousands of other commercial customers who will also
be affected by the required reductions in consumption. Following a brief discussion, Mr. Martin
noted that Condition III could begin to be implemented on November 1, 1996, with different phases
of that implementation occurring in conjunction with different percentages of reservoir system
capacity.
Dr. McNichols reiterated Mr. Smith's statements that over the years industries have been
instituting a variety of water conservation measures, and a 25% reduction would be a drastic step.
In addition, he said that industries understand that all of the area's customers will have to assist in
financing the pipeline because of the severity of the current drought.
Mrs. Cooper asked how the implementation of Condition III might affect businesses which
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Regular Council Meeting
August 27, 1996
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use water as an integral part of their operation. Mr. Hennings replied that that is one of the things
that the Water Allocation Review Committee could consider.
In response to Mr. Longoria, Mr. Utter said the industrial district agreements do not address
water usage other than when the industries first indicate how they will receive their water. He said
the companies in the industrial district use water from the city under an outside -city -limits contract.
Mr. Hennings said that large water users inside the city limits may need to be approached differently
in terms of the rate structure. A brief discussion ensued, and Mrs. Longoria commented that
industries have instituted water conservation measures before residents have.
Mr. Naismith further explained issues discussed by the Water Conservation Advisory
Committee, including the use of a resident's allotment. Mr. Martin suggested that residents be
allowed to use their allotments as they see fit, and he asked the committee to further consider that
issue at their next meeting. Mr. Naismith noted that enforcement could be very difficult.
Replying to Mayor Rhodes, Mr. Hennings explained that Items 3.a., 3.b., and 3.c. pertain to
the Condition II provisions; 3.d. pertains to recommendations made by the advisory committee to
amend Condition III.
Mayor Rhodes then called for comments from the audience on Items 3.a. -3.d.
Mr. Jerry Dubrais, a resident of Corpus Christi, said he supported Condition II elements, but
he expressed concern about lowering the level of Lake Corpus Christi due to the decrease in the
water quality caused by the concentration of total dissolved solids. He said poorer water quality
causes increased treatment costs, and he said that not all of the issues related to that action have been
considered.
Mr. Phil Rosenstein challenged previous statements that had been made about the
evaporation rate, pointing out that evaporation decreases during the fall and winter months. He said
there is much confusion concerning this issue and more information needs to be given.
Ms. Bonnie Doss spoke on behalf of City Power Wash and the pressure -washing industry.
She referred to material distributed to the Council titled "Perception versus Consumption," noting
that it would take that industry almost 29 years to consume the same amount of water used to water
the golf greens and tees in a one-month period. She also compared their usage to car washes and
laundries, saying it was much less.
Mr. Jim Parker, a local landscape contractor and a member of the Water Conservation
Advisory Committee, said the members discussed at length the issue of establishing a date certain
for the implementation of Condition III versus a percentage of reservoir capacity. He noted that
using the percentage figure as a trigger point may provide more time prior to implementation if the
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Regular Council Meeting
August 27, 1996
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recent rains can slow the drop in the reservoir levels.
Mr. Ted Turner, of Turner's Gardenland, encouraged the Council to allow homeowners or
businesses to use their allotments as they see fit. He also asked them to delete Item 12 under Section
2 of the proposed ordinance concerning the terms of Condition III ("The use of water for new
planting or landscaping is prohibited.")
Mr. Neil Trollinger, 337 Stages Dr., said that the water contract with the Lavaca-Navidad
River Authority (LNRA) contains a stipulation that 19,000 acre-feet must be used for municipal use
per year, and avoiding that would jeopardize the tax-exempt status of the existing LNRA bonds. He
said people have yet to hear how that issue will be addressed if, in fact, 50% of the water is being
used by industry. Mr. Trollinger also emphasized the importance of public perception, adding that
the citizens of Corpus Christi own the Stevens Water Treatment Plant and the distribution system,
and they deserve the right to vote on this issue.
Mr. Leon Perez, 904 Buford, said decisions were being made on the assumption that it will
not rain, and he complained about the mandatory water releases.
Mr. J.E. O'Brien, 4130 Pompano, suggested that statistics on water usage by the 16 Board
of Trade industries be broken out to show which companies have conserved water compared to last
year's consumption.
Mayor Rhodes asked staff to respond to some of the questions raised by the speakers. Mr.
Hennings referred to the concern about lowering the level of Lake Corpus Christi, saying that
engineers estimate that that action will save about 10,000 acre-feet. Mr. Dodson added that within
a few months, the minimum level will be reached in the lake, and water will need to be transferred
from Choke Canyon through Lake Corpus Christi. Mr. Hennings pointed out that the problems
experienced have been with controlling the taste and odor of the water, not with its safe use.
Mr. Martin said that the main reason for changing the reservoir system's operating plan by
keeping Lake Corpus Christi at a lower level has to do with maximum potential capture for firm
yield, and Mr. Dodson agreed. He said that Lake Corpus Christi can be kept at the 74 -foot level
longer by maintaining the rest of the water in Choke Canyon; ultimately, if the worst case scenario
played out, Choke Canyon would be depleted at some point, and the 74 feet kept in Lake Corpus
Christi would have to be used.
Referring to the concerns raised by the representative of the pressure -washing industry,
Mayor Rhodes asked if there would be a problem in allowing them to continue to operate under
Condition II. Mr. Hennings replied that based on recent communications with the TNRCC, he did
not think that would be a problem. He said a permit process could be established for pressure -
washing companies. Mr. Martin said he did not think that permits would be necessary, and those
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August 27, 1996
Page 10
companies should just be exempted from the prohibition in Condition II.
Mrs. Cooper made a motion to amend the ordinance concerning Condition II --
implementation of the second portion as written by staff and amended to remove the prohibition of
washing of buildings by commercial operators. The motion was seconded by Mrs. Longoria and it
passed unanimously.
Mr. Utter then addressed the question of athletic fields. He said there are about 140 playing
fields of all different types within the city, and if they were watered every week rather than every
two weeks, it would be approximately 20 additional acre-feet of water, or two-tenths of one percent
of daily usage. Responding to Mayor Rhodes, Mr. Utter said that 20 acre-feet is about 6.5 million
gallons.
Mr. Utter added that there are two main reasons for watering the athletic fields: to maintain
at least some turf; and more importantly, for safety reasons. He said it is hoped that with the recent
rainfall there will not be any cracks in the fields for some time; however, if the drought continues,
the large cracks will reappear and will pose a safety concern, especially for smaller children.
Mayor Rhodes reiterated the importance of recognizing the severity of the drought and that
changes need to be made. She said she agreed with the committee's recommendation to increase the
trigger point to 1 8%, but she said it is also important to set a date certain for implementation of
Condition III.
The Mayor then made a motion that the city will go into Condition III when 18% of total
system capacity is reached; at the same time, staff is preparing to move into that immediately, or,
without significant rainfall, Condition III will be implemented on November 1. She said that will
allow people to prepare to move into Condition III.
Mayor Rhodes also suggested that the Council accept the recommendation for watering the
athletic fields only in conjunction with accepting the recommendation that Condition III be
implemented when the 1 8% level is reached or on November 1, whichever occurs first. She said it
should be understood that if this area receives a substantial amount of rain, the situation will be
reevaluated.
The Mayor included in her motion Mr. Smith's recommendation that when Condition III is
implemented, the industries would be required to move into 1 0% water reductions. She said the
proposal should be drawn up formally, so that a reasonable phase-in is allowed. The Mayor's
motion was seconded by Mrs. Cooper.
Mr. Martin said he agreed with the November 1 implementation date, but he noted that the
Water Conservation Advisory Committee had instead recommended the 1 8% trigger point. Mayor
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August 27, 1996
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Rhodes pointed out that the committee members did not have Mr. McBee's letter from the TNRCC,
in which he said that provisions of Condition III could be phased in over time, and she emphasized
the importance of cooperating with the TNRCC. She added that under Condition III, the city can
suspend the water releases, which would not save a great deal of water but which would affect the
public's perception of the situation.
The Mayor asked Mr. Naismith if the committee would be willing to bring back a
recommendation incorporating the elements discussed, including a reasonable schedule for the
industries, and Mr. Naismith said they would revisit the subject. Mr. Martin pointed out that the
action on the day's agenda concerning Condition III (Item 3.d.) was a first reading ordinance and
more input from the committee was needed.
Mayor Rhodes called for a voice vote on her motion, and it passed unanimously.
The Mayor then made a motion to immediately contact restaurants asking them to provide
water to their customers only on request; the motion was seconded by Mrs. Longoria and it passed
(Heldenfels and McNichols voting "No").
Mr. Longoria suggested that the watering of shrubs and gardens follow the same watering
schedule as lawns, which is every 14 days; however, there was not consensus support for Mr.
Longoria's suggestion.
Mr. Martin emphasized that the change in the reservoir operating system was being made
because of the current drought conditions in order to reduce evaporative losses, and would not be
a permanent operating plan. Mayor Rhodes added that the water quality in Lake Corpus Christi
needed to be protected, even if it meant releasing water at some point from Choke Canyon into Lake
Corpus Christi.
Mayor Rhodes also asked city staff and members of the Water Conservation Advisory
Committee to determine if there were any other elements of Condition III that could be implemented
immediately without resulting in a burden to the community.
City Secretary Chapa polled the Council for their votes as follows:
3.a. ORDINANCE NO. 022660
Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Article XII, Water
Conservation, Sections 55-151 and 55-156, and the Water Conservation and Drought
Contingency Plan regarding water conservation measures under Condition II; providing for
penalties, severance, and publication.
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August 27, 1996
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The foregoing ordinance passed on second reading, as amended, by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and McNichols voting
"Aye"; Martin voting "No."
3.b. M96-254
Motion concurring with implementation of remaining provisions of Condition II of the
Drought Contingency Plan effective September 16, 1996.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, and McNichols voting "Aye"; Martin voting "No."
3.c. ORDINANCE NO. 022661
Amending the Code of Ordinances, Chapter 55, Utilities, Article XII, Water Conservation,
Section 55-156, Water Conservation and Drought Contingency Plan; directing
implementation of Phase IV of the operations plan for the Lake Corpus Christi -Choke
Canyon Reservoir Operating System; providing for severance, and publication.
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."
3.d. FIRST READING ORDINANCE
Amending the Code of Ordinances, Chapter 55, Utilities, Article XII, Water Conservation,
Section 55-156, Water Conservation and Drought Contingency Plan regarding the terms of
Condition III; providing for severance; providing for penalties; and providing for publication.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting
"No."
* * * * * * * * * * * * *
Mayor Rhodes called for a five-minute recess.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 3.e., structure of water rates.
Mr. Hennings gave a detailed presentation on many aspects of the water rates using charts
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August 27, 1996
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and graphs, beginning with the users of the regional water system --both raw water diverters and
wholesale treated water customers. He stated that the total amount of water used during fiscal year
1995-96 was over 36 billion gallons, and of that amount about 25 billion gallons (about 68%) was
treated water from the Stevens Water Treatment Plant, and 11.5 billion gallons (31.6%) was raw
water. Mr. Hennings noted that of the total 36 billion gallons used, the residents in the city used
about 17% to 18%; the ship channel industries used about 24%; and the wholesale raw and treated
water customers outside the city used about 38%; therefore, the total inside -city water usage was
about 37% and the outside -city usage was about 63%.
Mayor Rhodes reiterated that the total amount of water usage by residents of the City of
Corpus Christi was only about 17% to 18%, which clearly illustrates that this is a regional issue and
not an issue that can be decided upon or voted upon only by the citizens of Corpus Christi, as some
citizens insist it should.
Responding to Council Member Best, Mr. Carl Crull, Assistant City Manager of Public
Works and Utilities, said that retail treated water usage totals about 22 billion gallons a year, and
about 80 million gallons a day is treated at the Stevens plant. He added that he would provide more
information.
Mr. Hennings then referred to a comparison of water rates in major Texas cities. The figures
were compiled assuming a consumption of 6,000 gallons per month by residential, inside -city -limit
customers. Corpus Christi's rate was $12.46 per month, which was the third lowest among the nine
Texas cities compared. Additionally, Corpus Christi has the lowest rates among eight area cities that
were compared (Portland, Alice, Beeville, Kingsville, Mathis, Driscoll, and Port Aransas).
Mr. Hennings described the structure of the current water rates, noting that the structure
consists of a monthly minimum charge plus a monthly volume charge. Residential rates are
computed using an increasing block structure, while commercial rates use a decreasing block
structure, because the cost per gallon to serve a very large water user is less than the cost per gallon
to serve a small water user. In addition, he explained that outside -city -limits (OCL) residential rates
have a uniform rate structure; raw water rates are determined based upon the actual cost of the
preceding year (by contract); and public agency for resale treated rates are based upon a decreasing
block structure.
Mr. Hennings explained that staff is in the process of updating the 1990 water rate study with
the assistance of Resource Management International (a national utility rate consulting firm) and
Collier, Johnson & Woods (a Corpus Christi accounting firm that helped prepare the original study).
He then discussed the five general steps in setting water rates: forecast the number of customers and
the amount of revenues; forecast future expenditures; determine revenue needs to meet operation and
maintenance, capital budget and debt service; determine how to equitably allocate revenue
requirements to each customer class; and design the rates to collect the required revenues.
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Regular Council Meeting
August 27, 1996
Page 14
He also discussed various water rate design issues: inclusion of stormwater (drainage) needs
as part of water revenue requirements; impact of the rate structure on conservation; applicability of
"utility basis" versus "cash basis"; existence and extent of any cross -subsidies; impact of the
wastewater system subsidy; and desirability of eliminating the "capacity/commodity" rate. Mayor
Rhodes commended staff on the information that was provided.
Responding to Dr. Best's earlier question, Mr. Crull said that the city currently treats about
27 million gallons per day of wastewater at six treatment plants, which equates to about 73% of the
13 billion gallons; one other factor is the inflow and infiltration in the wastewater system that adds
water to the system. Dr. Best requested the amount of wastewater that is treated by each plant.
In reply to Council Member Black and Mayor Rhodes, Mr. Crull said that the current
ordinance calls for the following allotments under Condition III: a household with 1 to 2 people
would be allotted 6,000 gallons per month; 3-4, 7,000 gallons; and 11 or more people, 12,000
gallons per month.
Council Member Martin said issues that need to be addressed include the clear distinction
between the cost of water and the cost of service, which affects the structure of decreasing/increasing
block rates; and the issue of charging for effluent use.
Following a brief discussion, Mayor Rhodes said there would be a follow-up examination
of this issue at the next Council meeting.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 4, use of greywater and condensate.
Mr. Hennings said this proposal was an amendment to the Code of Ordinances that basically
institutionalizes the use of greywater that has been used for about 12 years; it does not change any
existing practices.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
4. FIRST READING ORDINANCE
Amending the Code of Ordinances, City of Corpus Christi, Chapters 13 & 23 to allow use
of grey water for irrigation and watering foundations, while prohibiting the improper use of
grey water; providing for penalties; providing for severance; and providing for publication.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
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Regular Council Meeting
August 27, 1996
Page 15
Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 5, Oxychem land donation.
Mr. Malcolm Matthews, Director of Park and Recreation, said that staff has been working
with youth sports leagues and the school districts in the Tuloso-Midway and Calallen areas in an
effort to identify properties that can be developed as sports facilities. Oxychem decided to donate
to both the City of Corpus Christi and Nueces County 30 acres of land that will in the future provide
a location for sports activities.
Replying to Council Member Best, Mr. Matthews said staff has investigated the possibility
of the city and county jointly owning the property, to enable the entities to maximize the use of any
funds that would be available.
Council Member Betty Jean Longoria recognized Mr. Jim Gibson, Plant Manager of the
Oxychem plant at 1501 McKenzie, who explained that the donated land is located across the street
from Tuloso-Midway High School. Mayor Rhodes thanked Mr. Gibson and Oxychem for their
donation, commenting that the company has been a good corporate neighbor.
Council Member McNichols said he appreciated Oxychem's donation of the land, and he
asked if there were any funds identified in the Park and Recreation budget to develop a youth sports
facility at that location, and Mr. Matthews said there were not. He added that in the past the city has
utilized bond funds and Community Development Block Grant program funds; in addition, some
sports leagues have emphasized the need for such a facility during the Community Progress
Partnership process. Mr. Matthews said the leagues understand that the city is just trying to secure
property at this time.
Council Member Heldenfels expressed concern about joint ownership of the land. Mr.
Matthews replied that in the past, similar situations had involved single ownership by either the city
or the county, which sometimes posed problems; it is hoped that this arrangement will be more
successful. A brief discussion ensued, and Mrs. Longoria commented that some businesses in that
area had expressed interest in the project.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
5. M96-255
Motion authorizing the City Manager to negotiate and accept the acquisition of 30 acres of
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Regular Council Meeting
August 27, 1996
Page 16
property to be donated by Oxychem for the future development of youth sports facilities.
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 Items 6 and 7, temporary tax abatement agreements
with APAC Teleservices Inc. and Sitel Corporation, and nominating APAC as a Enterprise Zone
project. She said the Council was proud to have those companies as members of the community.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
6.a. RESOLUTION NO.022662
Resolution authorizing the execution of an agreement with APAC Teleservices, Inc.
providing for temporary property tax abatement.
The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; J. Longoria absent.
6.b. RESOLUTION NO. 022661
Resolution authorizing the execution of an agreement with Sitel Corporation, Inc. providing
for temporary property tax abatement.
The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; J. Longoria absent.
7. RESOLUTION NO. 022664
Resolution nominating and designating APAC Teleservices as a qualified business and
enterprise project pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas
Government Code.
The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; J. Longoria absent.
* * * * * * * * * *
*
**
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Page 17
Mayor Rhodes opened discussion on Item 8, appeal of Building Standards Board decision.
Mr. Hennings suggested that the owner explain why she was appealing the board's action.
Mrs. Louise Vickers said she had the funds needed to convert the old school building into
an apartment building or town houses, which would be sold. She said she hired a contractor from
Thermacor Enterprises in Houston, who has begun working on another project for Mrs. Vickers
since the town house project had been delayed. She asked that the Council not uphold the order to
demolish the school building.
Mayor Rhodes asked the amount of time it would take before Mrs. Vickers could begin
working on the town houses, and she said about six or seven months. Mrs. Vickers added that they
had used some of the funding that had been available for this project.
Responding to Council Member Martin, Mrs. Vickers said they had about two-thirds of the
funding needed for the construction of the town homes, and she estimated that it would cost less than
$600,000. Mr. Martin asked Mrs. Vickers if she would be willing to escrow the money she has
available now only for this project. She said she thought she would be willing to do so, but she
would have to consider it.
Council Member Heldenfels asked Mrs. Vickers if she would be able to start the project by
January 1, 1997, and she said she would make that attempt. Mr. Heldenfels pointed out that the
Council would have to overturn the decision of the Building Standards Board to allow her to proceed
with the project, and he wanted to have some concrete assurance that it would be completed. Mrs.
Vickers replied that she had a contract with Mr. Ronnie Perkins of Thermacor, and she has already
purchased most of the materials. She added that they made a mistake purchasing that facility in the
first place.
Council Member Cooper asked if there had been an order by the Building Standards Board
requiring demolition when Mrs. Vickers purchased the materials, and Mrs. Vickers said there had
been, but she did not realize that the city actually intended to demolish it. Mrs. Cooper stated that
the old school has been an eyesore for years and the neighbors are very upset about it; she added that
the Vickers have received numerous citations on this property, which Mrs. Vickers contested.
Council Member Best said this issue has been discussed for many years, including during
one of Dr. Best's previous terms on the Council. He said if Mrs. Vickers could give the Council
a date certain when construction would begin, he would vote to overturn the demolition order; if she
could not, he would vote to uphold the order.
Mrs. Vickers questioned why she was allowed to improve the property, including
demolishing the interior and installing a fence, if there was no intention to allow her to construct the
town houses. Dr. Best replied that she was allowed to do that because the building was a hazard.
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Page 18
Council Member Betty Jean Longoria agreed that this issue has been discussed for quite a
while and no progress has been made. She said she would support the board's decision to demolish
the building. Mrs. Longoria added that Mrs. Vickers had said the only people who could see it were
the citizens who live nearby, and she said their concerns were important.
Mayor Rhodes called for comments from the audience.
Mr. John Newsom, 1734 Paul Jones Ave., said he was representing the Peary Place
Neighborhood Association. He distributed pictures of the old school building that he took a few
years ago and on August 27, 1996, which illustrated its condition. He said that due to the disrepair
of the structure, it is a health and safety hazard, as well as a place where gangs congregate. Mr.
Newsom noted that Peary Place is a strong community, and the neighbors there were urging the
Council to demolish the old school next to their neighborhood.
Mr. Abel Alonzo, 1701 Thames, said he hoped that Mrs. Vickers would be given one more
opportunity to build the town homes because of the shortage of housing in Corpus Christi.
Mrs. Cooper said she has been working with the neighbors in trying to eradicate crime in this
area, and the vacant building has been a crime spot and an attraction for gangs. She said it was long
past the time to tear the structure down.
Mayor Rhodes said while she generally agrees that Corpus Christi needs more housing, this
situation has been dragging on for years and Mrs. Vickers has been given every opportunity to
construct the town homes, which she has not done.
Mrs. Longoria made a motion to uphold the decision of the Building Standards Board to
demolish the building, seconded by Mrs. Cooper.
Mr. James Morrow, 6440 Everhart, said he has been in the construction industry almost 20
years, and he pointed out that there is a shortage of housing in Corpus Christi. He said Mrs. Vickers
has made a good faith effort to obtain building materials, adding that the property could generate
taxes for the city. He urged the Council not to demolish the building.
Mayor Rhodes said she would have agreed with Mr. Morrow, except that this case has
dragged on too long. City Secretary Chapa then polled the Council for their votes as follows:
8. M96-268
Motion to uphold the decision of the Building Standards Board to require demolition of
structure at 1801 (a.k.a. 1711) Paul Jones.
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August 27, 1996
Page 19
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B.
Longoria, J. Longoria, and Martin voting "Aye"; Heldenfels voting "No"; McNichols absent.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 9, agreement with MultiRestaurants Management
Inc. for concession services at the airport.
Mr. Hennings said the new food and beverage operator at the airport is ready to proceed with
a long-term lease agreement, which will provide the city with more revenues to help support the
airport operation, as well as improve food and beverage concessions.
Ms. Bonnie Allin, Director of Aviation, said MultiRestaurants Management Inc. (MMI) has
been operating the existing concessions at the airport since December 1995. The company has
committed to spend $650,000 renovating the restaurant and lounge facilities in exchange for a 15 -
year lease. Ms. Allin referred to a schematic design of the proposal --phase one will incorporate a
food court area and phase two will be the lounge area.
Responding to Council Member McNichols, Ms. Allin said the food court will be non-
smoking, as is the entire terminal building.
Mayor Rhodes asked if the Airport Advisory Board was recommending this proposal, and
Ms. Allin replied that they were.
Council Member Black inquired if this proposal was part of the overall renovation of the
terminal building, and Ms. Allin said all of the restrooms have been renovated, except for those in
the central core, which will have to be demolished; the design phase for their reconstruction is
underway.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
9. FIRST READING ORDINANCE'
Authorizing the City Manager to execute a fifteen year lease agreement with Multirestaurants
Management, Inc. to provide concessions services at the Corpus Christi International Airport,
with a five year option to renew upon agreed terms, in consideration of Multirestaurants
Management, Inc. paying the City the greater of 15% of gross receipts on all mixed drink and
wine sales and 10% on all beer and all nonalcoholic beverage and food sales or .15 cents
(increasing annually) per enplaned passenger; providing for publication.
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Regular Council Meeting
August 27, 1996
Page 20
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, Heldenfels, B. Longoria, and McNichols voting "Aye"; J. Longoria and Martin
absent.
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on Item 10, proposed ad valorem tax rate increase.
Mr. Hennings explained that the state property tax code requires that a public hearing be held,
and the proposed tax rate is $0.623726 per $100 valuation. He said the proposal was to set the date
of September 10, 1996 to actually vote on the tax rate.
Mayor Rhodes called for comments from the audience, and there were none. Council
Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels,
and passed unanimously.
Council Member McNichols pointed out that the effective tax rate is $0.595327 per $100
valuation, and Mr. Hennings noted that the actual increase of the rate is 1.1 cents. Dr. McNichols
emphasized that that did not mean the property tax rate was being increased by 4.7 cents.
Council Member Martin reiterated that the rate increase was 1.1 cents, which was the
increase attributable to the completion of the 1986 bond program, as set forth in the bond program.
He added that the adopted budget did not include a tax rate increase.
Mayor Rhodes made a motion to set the date of the tax rate adoption for September 10, 1996;
seconded by Council Member Cooper, and passed unanimously.
The Mayor then recognized Mrs. Rosie Vela, the Director of Finance, who was attending her
last Corpus Christi City Council meeting prior to relocating to Richardson, Texas. Mayor Rhodes
said she had always been very impressed with the respect that the bonding agencies in New York
showed to Mrs. Vela, and she said the city would miss her. Mrs. Vela thanked Mayor Rhodes and
the Council for the support they have given her, saying that next month she would have been with
the city for 11 years. She said she had mixed feelings about leaving, but was looking forward to new
opportunities in Richardson.
* * * * * * * * * * * *
*
Mayor Rhodes opened the public hearing on the following zoning case:
11. Case No, C796-2, City of Corpus Christi: A change of zoning from an "R -1B" One -family
Dwelling District to a "I-2" Light Industrial District on Bohemian Colony Lands, Section 7,
r
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Page 21
6.32 acres out of Lot 5, located on the north side of Saratoga Boulevard, approximately 130
feet west of Sarah Drive.
Mayor Rhodes said the Planning Commission recommended denial because the motion to
approve failed, and staff recommended approval of the "I-2" District.
City Secretary Chapa announced that Council Member Black would abstain from discussing
or voting on this matter. City Attorney Bray noted that a majority plus one of those present and
voting would be needed to overturn the denial of the zoning.
Mr. Utter explained that this case was before the Council because of a previous zoning case
located adjacent to the subject property which was rezoned to "I-2."
Mr. Brandol Harvey, Director of Planning and Development, explained that in April 1996
Black Brothers Construction requested a change of zoning to "I-2" on their property located on Sarah
Drive, and the zoning request was granted. At that time, the Council noticed that there remained a
pocket of "R -1B" property on both sides of Sarah. Consequently, the city initiated rezoning of the
residential property to industrial since the comprehensive plan calls for all of the property along that
frontage portion of Saratoga to ultimately become industrial zoning.
Mr. Harvey went on to say that the city initiated two zoning cases, but at the Planning
Commission, one of the property owners decided he did not want his property to be rezoned to "I-2,"
while the other owner has agreed to continue with the zoning request. Mr. Harvey then briefly
described the Planning Commission's action.
Mayor Rhodes called for comments from the audience.
Mr. Julius Zdansky, Rt. 3, Box 373, appeared in opposition to the zoning request. He
referred to a map of the subject property and adjacent properties, saying that it had been described
as a "residential pocket." He said there were seven homes in that area and 31 people. He said they
had a signed petition voicing their opposition to the "I-2" zoning. He said the residents were initially
shocked when the Black Brothers zoning request for "I-2" was granted, as it created a block of
industrial zoning between the two residential properties.
Council Member Betty Jean Longoria made a motion to close the public hearing, seconded
by Council Member McNichols, and passed unanimously.
Council Member Heldenfels asked Mr. Zdansky if he was aware that the comprehensive plan
called for that area to be rezoned to "I-2," and Mr. Zdansky replied that staff had informed him.
Mayor Rhodes said she understood Mr. Zdansky's concerns, but she noted that those
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August 27, 1996
Page 22
residents are situated against a block of industrially zoned property.
City Secretary Chapa polled the Council for their votes as follows:
11. FAILED TO PASS
the Zoning Map in refcrcncc to Bohcmian Colony Lands, Scction 7, 6.32 acres out of Lot 5,
from "R 1B" One-fttinily D,%elling-Dist.ict to "I-2" Light I,.duatdal Di3trict; Flu vidi..s lin
publieatioth
The foregoing ordinance failed to pass by the following vote: Rhodes, Best, Cooper, B.
Longoria, and Martin voting "Aye"; Heldenfels, J. Longoria, and McNichols voting "No";
Black abstaining.
Mr. Chapa noted that the vote was 5-3, and it required six votes to pass; therefore, the zoning
request was not granted.
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the following zoning case:
12. Case No. 796-7. DHS Enterprises. L. P.: A change of zoning from a "B-4" General Business
District to an "I-2" Light Industrial District on River Square Unit 1, Block 3, Lot 1, located
on the southwest corner of River Run and Twin River Boulevards.
Mayor Rhodes said the Planning Commission and staff recommended denial of the "I-2"
District, and in lieu thereof, approval of a special permit for a laboratory use subject to two (2)
conditions. She asked if the applicant agreed to the special permit, and Mr. Utter said they did.
No one appeared in opposition to the zoning request. Council Member Best made a motion
to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed
unanimously.
City Secretary Chapa polled the Council for their votes as follows:
12. ORDINANCE NO. 022665
Amending the Zoning Ordinance upon application by DHS Enterprises, L. P., by granting
a Special Council Permit for a laboratory subject to two (2) conditions on River Square Unit
1, Block 3, Lot 1; providing for publication.
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Regular Council Meeting
August 27, 1996
Page 23
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting
"Aye"; Black absent.
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the following zoning case:
13. Case No. 796-8. Loss E. Thomas. CPA: A change of zoning from an "R -1B" One -family
Dwelling District to a "AB" Professional Office District on Lumhart Subdivision, Lot 16,
located along the south side of Interstate Highway 37 between Hart and Violet Roads.
Mayor Rhodes said the Planning Commission and staff recommended approval.
No one appeared in opposition to the zoning request. 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:
13. ORDINANCE NO.022666
Amending the Zoning Ordinance upon application by Loss E. Thomas, C.P.A., by changing
the Zoning Map in reference to Lumhart Subdivision, Lot 16, from "R -1B" One -family
Dwelling District to "AB" Professional Office District; providing for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting
"Aye"; Black absent.
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the following zoning case:
14. Case No. 796-1. Spohn Hospital. A change of zoning from an "A-1" Apartment House
District to a "B-4" General Business District on Ocean View, Block I, Lots 7 through 11,
located on the northwest corner of Ocean Drive and Elizabeth Street.
Mayor Rhodes said the Planning Commission and staff recommended denial of the "B-4"
District, and in lieu thereof, approval of an "AB" Professional Office District with a special permit
for a 72 -foot tall building subject to one (1) condition. She asked if the applicant agreed to the
special permit, and Mr. Utter said they did.
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Minutes
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Mr. Harvey showed a video of the subject property. He stated that the reason for the zoning
request was that Spohn Hospital wanted to build a five -story (72 -foot tall) building, and the "A-1"
Apartment House District zoning does not accommodate that; however, the "B-4" zoning does. The
Planning Commission's and staff's analysis is that the proposed use is an expansion of the existing
hospital, but it does not need the uncontrolled "B-4" zoning, which has not been approved on Ocean
Drive in the past.
Mr. Harvey said opposition raised during the Planning Commission meeting focused on the
"B-4" commercial zoning --which was not being recommended --and the proposed closing of an alley,
which is considered as Item 15 on the Council's agenda.
No one appeared in opposition to the zoning change. 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. 022667
Amending the Zoning Ordinance upon application by Spohn Hospital, by changing the
Zoning Map in reference to Ocean View, Block I, Lots 7 through 11, from "A-1"
Apartment House District to "AB" Professional Office District and granting a Special Permit
for a 72 -foot tall building subject to one (1) condition; 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 said Item 15 was the proposal to close the alley. Mr. R.H. Shackelford,
Director of Engineering, said the closure was being requested by Spohn Hospital to take advantage
of some property they own which fronts on Ocean Drive. He said Spohn is willing to dedicate, in
lieu of the closed alley, another strip of land that will provide access to the remaining portion of the
alley. Additionally, they will dedicate sufficient land to allow for the additional turning radius that
emergency vehicles require. He said that traffic will be allowed to drive in either direction in the
alley and there will be full access to the other property owners.
Council Member Martin asked if Spohn would dedicate and build the alley, not just dedicate
it, and Mr. Shackelford said they would.
Mayor Rhodes called for comments from the audience.
Mrs. Gloria Bell, 1309 Ocean Drive, said she also owns property at 1321 Ocean Drive. She
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August 27, 1996
Page 25
said there needed to be more room in the alley for the garbage trucks to turn around. Mr. Utter
replied that 15 feet was enough room for the trucks to turn around.
Mr. Bill Bell said the proposal, as illustrated in the Council's packet, did not specify widths
and lengths of the alley. Mr. Shackelford said the new alley will be constructed using the same
width as it extends from Ocean Drive to the existing alley, and there will be a widened area to
accommodate the trucks.
Mr. Martin pointed out that the proposal did not include language specifying that Spohn
would construct the alley as well as dedicate it. Mr. Utter said it could be amended to include that
language. Mr. Martin said exact dimensions needed to be included as well.
Responding to a question from Mr. Bell, Mr. Shackelford said the power will be taken
underground. A brief discussion ensued.
Mr. Heldenfels referred to a communication from Mr. David Seiler, City Traffic Engineer,
in which he said that the area of extra alley right-of-way dedication was "exactly sufficient without
an inch to spare" to service the turning radius of a single -unit truck. Mr. Seiler said if there were any
intentions to fence or curb around the alley and the side of the hospital property, the fencing and
curbing would have to have an additional two to three feet.
Dr. Best expressed concern about traffic problems that would be created by allowing cars and
trucks access to Ocean Drive via the alley. Mr. Crull briefly explained the current traffic flow in that
area.
In reply to Council Member John Longoria, Mr. Crull said that Lots 7-11 would contain
Spohn's surgical building, while the Bells own Lots 4 and 6 on Ocean Drive.
Council Member Betty Jean Longoria asked about garbage trucks traveling on Ocean Drive.
Mr. Crull said there are some front pick-ups on Ocean Drive, and the trucks access Ocean via the
closest available cross street and exit after they pick up the trash. Mrs. Longoria said she wanted to
ensure that the trucks would have sufficient room to turn around in the alley adjacent to the surgical
building. Mr. Crull also said that there was a fence between Spohn's property and the existing alley
down to Morgan Avenue.
In response to Mr. Martin, Mr. Utter said that Section 1 (3) could be amended as follows:
"That owner pay a closure fee of $540 for the proposed alley ROW closure and dedicate 3,439
square feet to relocate and construct the alley exit, including a turning radius sufficient for garbage
and other service trucks as determined by the City Engineer." Mr. Martin suggested that a drawing
be included with the ordinance as well.
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August 27, 1996
Page 26
Mr. Martin asked about the possibility of making that alley one-way. Mr. Shackelford said
staff would make that proposal to the Transportation Advisory Committee. Dr. McNichols said there
would be some problems associated with that proposal.
Dr. Best asked if the alley access to Ocean Drive could be eliminated. Mr. Crull said that
would require two 90 -degree turns: one north of the surgicare building with an alley between the
surgicare building and the parking garage. He added that where there are alleys, the city provides
trash pick-up in the alley and there are utilities located there which are periodically maintained by
the city and other entities. A brief discussion ensued.
Mayor Rhodes said the point of contention seemed to be assurance for the neighbors that the
trucks would have enough room to turn around in the alley. Mr. Utter said the ordinance could be
amended to require "sufficient" square feet for that. Dr. McNichols suggested that the ordinance be
subject to approval of the site plan by the City Council.
Dr. McNichols made the following motion, seconded by Mr. Heldenfels: "That owner pay
a closure fee of $540 for the proposed alley ROW closure and dedicate sufficient square feet to
relocate and construct the alley exit, including a turning radius sufficient for garbage and other
service trucks as determined by the City Engineer, subject to approval of the site plan by the City
Council."
Mayor Rhodes asked Mr. Murray Bass, the project engineer, and Mr. Robert Butler,
Executive Vice President of the Spohn System, if they agreed to the proposed amendment to the
ordinance. Dr. McNichols pointed out that the amendment would allow the item to be passed at that
meeting without having to come back, other than approval of the site plan. Mr. Butler said he agreed
to the amendment. Mr. Utter said staff would return with a detailed drawing of the alley.
Mayor Rhodes called for a voice vote on the motion to amend, and it passed unanimously.
City Secretary Chapa polled the Council for their votes as follows:
15. ORDINANCE NO. 022668
Ordinance closing and abandoning a 3,574 -square foot portion of an existing 15 -foot wide
alley right-of-way (ROW), located between Lot 1, Block 2A, and Lots 7 through 11, Block
1, Ocean View Addition; subject to compliance with the specified conditions; and the owner
replatting the property within 180 days at his expense.
An emergency was declared and the foregoing ordinance passed, as amended, by the
following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin,
and McNichols voting "Aye."
Minutes
Regular Council Meeting
August 27, 1996
Page 27
Mayor Rhodes recessed the regular Council meeting for the meeting of the Corpus Christi
Community Improvement Corporation.
The Mayor reconvened the regular Council meeting.
* * * * * * * * * * * * *
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 17 through 33, and Council Members requested that
Items 18, 31, 32, and 33 be withheld for discussion. City Secretary Chapa polled the Council for
their votes and the following were passed:
17. PULLED
19. M96-257
Motion authorizing the City Manager or his designee to execute a contract with Rabalais I
& E Construction in the amount of $20,960 to install underground conduit, medium voltage
cable, and connections at the Holly Road and Savage Lane Water Distribution System Pump
Stations.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
20. M96-258
Motion approving the submission of a grant application in the amount of $44,356 to the
Texas Department of Transportation for funding of a SPEED Selective Traffic Enforcement
Project (STEP) within the Police Department.
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. 022669
Ordinance appropriating a $600,000 grant from the Texas Department of Transportation for
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Regular Council Meeting
August 27, 1996
Page 28
the State Planning and Research Travel Survey; adding $600,000 to the No. 162
Federal/State Grants fund.
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. M96-259
Motion to ratify the Metropolitan Planning Organization's (MPO's) agreement with Parsons,
Brinkerhoff, Quade & Douglas, Inc., in the amount of $599,097.22 to conduct a travel
survey which will be used to update travel demand models for the urban area. The contract
was negotiated and will be executed on behalf of the MPO.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
22.a. M96-260
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$734,966 and to execute a contract and all related documents with the Texas State Library
for the continued operation of the South Texas Library System located at Corpus Christi
Public Library for state fiscal year 1996-97.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
22.b. ORDINANCE NO 022670
Ordinance appropriating $734,966 from the Texas State Library for the continued operation
of the South Texas Library System located at Corpus Christi Public Library for state fiscal
year 1996-97 to the No. 162 Federal/State Grants Fund.
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."
23.a. M96-261
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$142,319 and to execute a contract and all related documents with the Texas State Library
T
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Regular Council Meeting
August 27, 1996
Page 29
for the continued operation of the regional Interlibrary Loan Center located at Corpus Christi
Public Library for state fiscal year 1996-97.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
23.b. ORDINANCE NO. 022671
Ordinance appropriating $142,319 from the Texas State Library for the continued operation
of the Regional Interlibrary Loan Center located at Corpus Christi Public Library for state
fiscal year 1996-97 to the No. 162 Federal/State Grants Fund.
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."
24.a. M96-262
Motion authorizing the City Manager or his designee to accept a Major Urban Resource
Library (MURL) grant in the amount of $33,306 and to execute a contract and all related
documents with the Texas State Library. These funds will be used for reference
subscriptions at the Central Library.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
24.b. ORDINANCE NO. 022672
Ordinance appropriating $33,306 from the Texas State Library for a Major Urban Resource
Library (MURL) grant to the No. 162 Federal/State Grants Fund.
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.a. M96-263
Motion authorizing the City Manager or his designee to accept a Library Services and
Construction Act, Special Projects Grant in the amount of $7,623 and to execute a contract
and all related documents with the Texas State Library. These funds will be used to purchase
library materials through the Greenwood Branch Library for preschool children.
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Regular Council Meeting
August 27, 1996
Page 30
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
25.b. ORDINANCE NO. 022673
Ordinance appropriating $7,623 from the Texas State Library for the Library Services and
Construction Act, Special Projects Grant to the No. 162 Federal/State Grants fund.
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."
26.a. M96-264
Motion authorizing the City Manager or his designee to accept a renewal grant and execute
a contract with the Corporation for National and Community Service for the continuation of
the Senior Companion Program.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
26.b. ORDINANCE NO. 022674
Ordinance appropriating $178,663 from the Corporation for National and Community
Service for the Senior Companion Program, to the No. 162 Federal/State Grants Fund.
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."
27.a. M96-265
Motion approving the reimbursement application submitted by Shell Development Joint
Venture, developer of Barclay Grove Unit 2, for the installation of 618 linear feet of a 12 -
inch PVC water grid main.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
Minutes
Regular Council Meeting
August 27, 1996
Page 31
27.1. ORDINANCE NO. 022675
Ordinance appropriating $11,356.40 from the No. 143-246.95 Water Arterial Transmission
and Grid Main Trust Fund to pay the Shell Development Joint Venture Developer
reimbursement request.
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."
27.c. M96-266
Motion authorizing the City Manager to execute a Pavement Participation Agreement with
Shell Development Joint Venture for improvements to Lipes Boulevard of which the City's
share of cost is $19,584.46.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
27.d. M96-267
Motion approving reimbursement in the amount of $19,584.46 from the Street Capital
Improvement Fund No. 568-601-602.99-593 to pay the Shell Development Joint Venture for
the City's participation of Lipes Boulevard improvements.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
28. RESOLUTION NO. 022676
Resolution authorizing the resale of certain lots foreclosed on by the County for failure to
pay taxes, for at least the price offered and authorizing County Judge Richard M. Borchard
to execute a resale deed for each of the lots listed below:
A. Lot 20, Block 3, Crockett Heights, City of Corpus Christi, Nueces County, Texas (3833
MacArthur); for at least $1,500.
B. Lot 6, Vogart Addition, City of Corpus Christi, Nueces County, Texas (622 Mohawk); for at least
$2,000.
C. Portion of Lot 4, Block 25 Surrey Place #1, City of Corpus Christi, Nueces County, Texas (5346
Kostoryz Road); for at least $20,000.
D. All of Block "D", Lynnwood Place, Unit 1, City of Corpus Christi, Nueces County, Texas (3404
Tiger Lane); for at least $18,000.
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Regular Council Meeting
August 27, 1996
Page 32
E. Lot 7-L, Ava Cooper Subdivision, City of Corpus Christi, Nueces County, Texas (4337 Kostoryz
Road); for at least $22,500.
F. Lots 17 & 18, Block 22, Hillcrest Addition, City of Corpus Christi, Nueces County, Texas (1316
Stillman Street); for at least $7,100.
G. Lot 9, Block 4, San Diego Addition, Unit 2, City of Corpus Christi, Nueces County, Texas (2233
Soledad); for at least $3,500.
H. Lot 15, Block 8, Carver Addition, City of Corpus Christi, Nueces County, Texas (2821 Kitchens
Street); for at least $4,700.
I. Lots 22 & 23, Block 21, Chamberlin Subdivision, City of Corpus Christi, Nueces County, Texas
(1212 Mary Street); for at least $6,000.
J. Lot 4, Block 13, Central Wharf & Warehouse Company Subdivision, City of Corpus Christi,
Nueces County, Texas (1017 Kinney Street); for at least $2,500.
K. Lots 34, 35 & 36, Block 1, San Pedro Addition, City of Corpus Christi, Nueces Count, Texas
(602 Dolores); for at least $1,500.
L. Southwest 1/4 of lot 8D, Blake Addition, City of Corpus Christi, Nueces County, Texas (746
Mohawk Street); for at least $1,500.
The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
29. ORDINANCE NO.022677
Ordinance authorizing the City Manager to execute a special warranty deed for surplus
property - approximately 3100 square feet, being approximately the north 23 -feet or the
remainder of Lot 7, Block 2, Brayton Addition remaining after the construction of Agnes
Street from Tancahua Street to Carancahua Street - to Savannah L Robinson for the purchase
price $7,700.
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."
30. ORDINANCE NO 022678
Ordinance closing and abandoning a 2,668 -square foot portion of a 10 -foot wide utility
easement (Tract 1) and a 731 -square foot portion of a 10 -foot wide utility easement (Tract
2) in Lots 4,5,6,7 & 8, Forest Park Addition, Unit 2; subject to compliance with the specified
conditions; and the owner replatting the property within 180 days at his expense.
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."
* * * * * * * * * * * * *
r
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Regular Council Meeting
August 27, 1996
Page 33
Mayor Rhodes opened discussion on Item 18, downtown collection system.
Mr. Hennings said staff was proposing an amendment to Item 18, which was distributed to
the Council. A motion to accept the amendment was made by Council Member McNichols and
seconded by Council Member Heldenfels.
Council Member John Longoria asked if staff had planned on taking advantage of the savings
under deductive alternate number 1. Mr. Shackelford said staff had not planned to do so, unless the
availability of water improved. Mr. Longoria then asked why the base bid was not accepted. Mr.
Shackelford explained that when staff prepared the bid documents in June, they were aware of
impending water restrictions. As the bidding process continued, it became apparent that there
needed to be some way to measure what would be the cost of using effluent. Consequently, an
addendum was included which allowed staff to price the use of effluent in the base bid, which would
save the city's potable water, and if the drought were to break, staff wanted to know the amount of
money the contractor would return to the city.
Mr. Shackelford said the evaluation of the bids was based on the base bid plus the deductive
alternate for use of fresh water. He said under that basis, the low aggregate bid was BRH-Garver
Inc., for $381,800.40. Mr. Longoria asked why the contract was not awarded for that amount. Mr.
Shackelford replied that staff was trying to save 200,000 gallons of potable water. Mr. Longoria
then asked why the contract was not awarded to the lowest bidder Mr. Shackelford said that when
the addendum was prepared, which stated how staff would evaluate the bids following the Council's
policy, they said the bids would be evaluated on the basis of the base bid and the deductive alternate.
Mr. Hennings said the goal was to remove the uncertainty so that the bidders would know
that the best bid based on base bid and the deductive would be the determining factor. Mr. Longoria
said he thought the contract should be awarded one of two ways: allow the contractor to use the
potable water with the bid award being the lower amount of $381,800.40; or tell the contractor he
will have to truck in effluent, and the bid award would be to the other company for $395,806.77.
Mr. Hennings reiterated that the bid specification said that staff would consider bids for the
deductive alternate in determining which was the best bid. A brief discussion ensued.
Mayor Rhodes read the proposed amendment as prepared by staff: "Motion awarding a
contract to BRH-Garver Inc. for the Downtown Collection System: Infiltration/Inflow Remediation
Project. The award is based on the total base bid of $396,800.40 plus deductive alternate 1.
Deductive alternate 1, which allows the use of city (potable) water rather than effluent for the
project, will be implemented if and when drought conditions permit."
Mr. Longoria asked when the project would be initiated, and Mr. Shackelford said if it was
approved that day, they would probably start after October 1, 1996. Mr. Heldenfels said if the
drought did break, the city has the right to tell the contractor that they can tap into the potable water
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Regular Council Meeting
August 27, 1996
Page 34
system and return $15,000 to the city.
Council Member Martin asked how the water would be used. Mr. Shackelford replied that
it was part of the process of installing the lining. Mr. Martin asked if seawater could be used, and
Mr. Shackelford said he was not sure. Mr. Martin pointed out that the $15,000 was for
transportation of effluent from the Broadway Wastewater Treatment Plant.
Mr. Martin went on to say that the estimate of 200,000 gallons of water would cost a
company about $350, and he said he strongly agreed with Mr. Longoria that it would be more
advantageous to allow the contractor to use the potable water in exchange for saving $15,000. He
added that since the water would be used as part of a testing process, the best type of water should
be used. Mr. Martin also asked if the engineering contract was a percentage contract, and Mr.
Shackelford replied that the engineering contract was a lump -sum.
Mayor Rhodes called for comments from the audience.
Mr. Rolando Mendoza, Technical Representative with Insituform Technologies Inc., said his
company was a world-wide pipeline rehabilitation company. He said they objected to the proposed
bid award because they bid on the project with the assumption that treated effluent would be used.
He pointed out that Corpus Christi was in the process of conserving water, and he questioned the
proposal to use potable water instead.
Mr. Mendoza read a portion of the bid instructions, and Mr. Martin said that Insituform knew
when they submitted their bid that the bid award would be based on base bid plus the deductive
alternate.
Mr. Longoria said he thought the contract should be awarded to BRH-Garver Inc. in the
amount of $381,800.40 and allow them to use potable water in order to save the city more money.
Mayor Rhodes said the motion on the floor had been made by Dr. McNichols, and he pointed
out that it was to approve staff's proposed amendment. Dr. McNichols withdrew his previous
motion. The Mayor then made a motion that Item 18 be amended so that the amount of the award
would be $381,800.40; seconded by Council Member Betty Jean Longoria. Mayor Rhodes called
for a voice vote on her motion, and it passed (Heldenfels voting "No", Cooper absent).
City Secretary Chapa polled the Council for their votes as follows:
18. M96-256
Motion awarding a contract in the amount of $381,800.40 to BRH-Garver, Inc., for the
Downtown Collection System: Infiltration/Inflow Remediation Project.
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Regular Council Meeting
August 27, 1996
Page 35
The foregoing motion passed, as amended, by the following vote: Rhodes, Best, Black,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent.
************
Mayor Rhodes opened discussion of Item 31, renewal of a pier lease agreement with the
Corpus Christi Yacht Club.
Responding to Council Member John Longoria, Mr. Matthews explained that the pier that
is condemned is the M -pier, which was built in two phases, and now the original phase has fallen
into disrepair at a different time from its extension. He said there will be a link from the bulkhead
to the extension first, which is why the rental has been adjusted to allow for the yacht club to pay
the city at least 50% of whatever they rent. He said repairs will be made in 60 days.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
31. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a five-year lease with Corpus
Christi Yacht Club (CCYC) for L -Pier and M -Pier extension in consideration of 100% of
City's rental rate on 2,092 linear feet for L -Pier plus $166.67 per month for Slips N-1 and
N-2 so long as used only for transient slips plus 100% of City's rental rate for 450 linear feet
of M -Pier extension, or for all slips rented if more than 450 linear feet.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 32, lease agreement with Atlantic Southeast
Airlines at the airport.
Replying to Council Member Martin, Ms. Allin explained that Atlantic Southeast is the
commuter airline for Delta Airlines.
Mr. Martin then referred to Item 33 on the agenda (restaurants versus bars distinctions). He
asked if there would be a problem with the airport's zoning. Mr. Crull replied that the airport is
zoned industrial so there would not be a problem.
Mr. Hennings said that regarding Item 33, originally there were two parts to the proposal, one
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Regular Council Meeting
August 27, 1996
Page 36
part of which was to establish a maximum area of 4,500 square feet; however, the Council elected
to delete the proposed maximum square footage. Mr. Hennings said that without that space
limitation, another situation could arise as had occurred with Ballyhoo's Sports Bar at Cullen Mall.
Mr. Martin suggested that while that issue was being studied, a moratorium be established
on any restaurants with more than 4,500 square feet in `B-1" zones. He said businesses can come
before the Council if they wish to receive an exception to the moratorium, and he asked staff to bring
that proposal back.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
32. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute approximately a five-year lease
ending December 31, 2001 with Atlantic Southeast Airlines, Inc. for ticket counter space,
office space, gate space, apron space, and joint use of the baggage claim space and other
common areas at Corpus Christi International Airport in consideration of payment of fees
that total $4.06 per enplaned passenger and are adjusted annually based on a fixed formula;
providing for publication.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent.
33. ORDINANCE NO 022693
Amending the Zoning Ordinance, by amending Article 3, Definitions by amending the
definitions for "taverns, lounges or bars," "restaurants with alcoholic beverages," and
"restaurants without alcoholic beverages"; providing for severance; providing for
publication.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper
absent.
************
Mayor Rhodes announced the closed session, pursuant to Texas Government Code, Sections
551.071 and 551.074, regarding new City Manager selection with possible action thereafter in open
session.
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Regular Council Meeting
August 27, 1996
Page 37
The Council went into closed session.
The Council returned from closed session.
* * * * * * * * * * * * *
Mayor Rhodes called for the City Manager's report. Mr. Hennings stated that regular
briefings for the media on the water situation would be held each Thursday at 9 a.m. in the Council
Chambers. Council Member Best suggested that the briefings be held on Tuesdays prior to the
Council meetings, and Mr. Hennings assured them that they would continue to receive the same
information he gave the media. Council Member John Longoria pointed out that staff was probably
occupied on Tuesdays preparing for the Council meetings.
Mr. Hennings said items scheduled for the September 10, 1996 Council meeting included
the adoption of the tax rate; action items related to the new federal courthouse project; and a number
of water -related issues. Mr. Hennings also referred to a memo he had sent the Council regarding two
errors in the budget document that staff presented to the Council on the day they adopted the budget.
One of the errors has to do with the General Fund ending balance, which does not affect the
appropriations for expenditures or the revenues, but it does pertain to concerns about the bond rating
agencies' comments in the past. He said staff would bring back an item at a future Council meeting
on this issue.
Mayor Rhodes called for Council concerns and reports.
Council Member John Longoria asked if there would be discussion on September 10
regarding the water pipeline, and Mr. Hennings explained that the Nueces River Authority and the
Port of Corpus Christi Authority will move ahead on the pipeline project, and they are asking the
city to take on the risk that whatever expenditures they incur will be reimbursed at some point.
Responding to a question from Mr. Longoria, Mr. Hennings said the TNRCC hearing on the Lake
Texana permit was still scheduled for September 18, 1996.
Mayor Rhodes referred to a proposal for the Texas Legislature concerning consolidation of
city and county governments. She asked that that issue be discussed, with action if necessary, during
the September 10 Council meeting, since a hearing about it will be held September 12.
Council Member Martin requested more information about an administrative order the city
received regarding its stormwater program.
Council Member Betty Jean Longoria announced that the City Charter Revision Committee
will be meeting twice a month at City Hall, and a public hearing will be held on September 9, 1996
at 6 p.m., also at City Hall. She said they were open to input and they hoped to bring back whatever
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Regular Council Meeting
August 27, 1996
Page 38
proposals they will make to the Council by January 1997. Mrs. Longoria said two members who
were being appointed to that committee were Mr. Clif Moss and Mr. Terry Mills.
Mayor Rhodes called for petitions from the audience, and there were none.
There being no further business to come before the Council, Mayor Rhodes declared the
Council meeting adjourned at 9:10 p.m. on August 27, 1996.
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