HomeMy WebLinkAboutMinutes City Council - 09/24/1996I 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 September 24, 1996, which were approved
by the City Council on October 8, 1996.
WITNESSETH MY HAND AND SEAL, this 8th day of October, 1996
Armando Chapa
City Secretary
SEAL
MICRO ►LMEU
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
September 24, 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
City 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 Arturo Mariscal, following which the Pledge of
Allegiance to the flag of the United States was led by Council Member Betty Jean Longoria.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council
and the required charter officers were present to conduct the meeting.
Mayor Rhodes called for approval of the minutes of the regular Council meetings of
September 10, 1996 and September 17, 1996, and there being no corrections, she proclaimed them
approved as presented.
* * * * * * * * * * * *
*
The Mayor introduced Mr. Carl Lewis, Nueces County Attorney, who discussed the
"Children's Impact Statement." Mr. Lewis, a member of the Commission on Children and Youth,
said the statement is designed to ensure that when the Council considers ordinances in the future,
there be some consideration of the potential impact on children.
*Council Member Heldenfels arrived at the meeting at 2:07 p.m.
Mr. Lewis said a possible wording of the impact statement could be as follows: "We, the
members of the City Council of the City of Corpus Christi, have considered prior to our passage of
the foregoing ordinance, the impact this ordinance will have upon the children of the City of Corpus
Christi, and by placement of our signatures hereto we certify and affirm that the best interests and
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Regular Council Meeting
September 24, 1996
Page 2
welfare of our children are served by the passage of this ordinance."
Mayor Rhodes asked Mr. Lewis if he knew of any other U.S. cities that used such a
statement, and he replied that San Francisco was the only example that the commission members
had found.
Responding to Council Member Betty Jean Longoria, Acting City Manager Hennings said
that if the Council wished to pursue incorporating a Children's Impact Statement, a reasonable
approach would be to involve the city commissions and committees in the process. Mr. Lewis
pointed out that there are some obvious examples, such as the recently approved ordinance
regulating sexually oriented businesses, in which the impact on children is very evident; however,
there are some more subtle ordinances in which the impact statement could serve as a
"consciousness -raising" device.
Mayor Rhodes asked how such statements would legally bind the Council, and Mr. Lewis
said he did not know, but he said the statement was written to indicate that the Council, in making
its deliberations, had considered the best interests of the children in the community.
Mr. Heldenfels suggested that the statement may not be legally binding if it said something
to the effect that the Council was considering the welfare of children solely for the purpose of
consciousness raising.
Mayor Rhodes asked Mr. Lewis to provide city staff with a copy of the commission's
proposal and to await staff's opinion.
Council Member McNichols said he and the rest of the Council supported Mr. Lewis'
proposal, adding that it needed to be examined by staff and responded to by the Council.
Council Member Black requested more information about San Francisco's impact statement.
The Mayor asked Mr. Hennings to assign a staff person to work with the commission on this project.
The next presentation was made by Mr. Hywel Jones, Executive Director of the Corpus
Christi Symphony Orchestra, who said that the orchestra would be opening its 52nd season in two
weeks. Mr. Jones noted that Mr. Cornelius Eberhardt, orchestra music director, will be retiring at
the end of the season, and he asked the Council to consider recognizing Mr. Eberhardt's contribution
to the orchestra. Mr. Jones said there were many major plans to expand the orchestra over the next
three years, including a search for a new music director. He thanked the Council for their support.
*Council Member John Longoria arrived at the Council meeting at 2:15 p.m.
* * * * * * * * * * * * *
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Regular Council Meeting
September 24, 1996
Page 3
Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and
the following appointments were made:
Nueces County Community Action Agency
Mayor Mary Rhodes -
Council Member Betty Jean Longoria -
Council Member John Longoria -
Represented by Sonya Kay Lee
Represented by Victor Gonzalez
Represented by Freddy Cavazos
* * * * * * * * * * * * *
Council Member McNichols suggested that since the agenda was particularly long, the closed
sessions be held earlier in the meeting. It was determined that as there were many people present
for different items, the Council would proceed with the agenda and go into closed session prior to
consideration of the consent agenda. Mayor Rhodes announced that Item 27 was being pulled off
the agenda.
The Mayor then opened discussion on Item 3, consideration of an appeal by Martin and Pam
Anguiano of the Building Standards Board decision requiring demolition of a building at 645
Mohawk; however, the Anguianos were not present at the meeting at that time.
Council Member Best made a motion to uphold the Building Standards Board's decision,
seconded by Council Member Betty Jean Longoria, and passed unanimously. (*Note: This item was
reconsidered later in the meeting, and the Council voted to postpone further action on it until
October 8, 1996 See pages 19-21 of the minutes.)
* * * * * * * * * * * *
*
Mayor Rhodes opened the public hearing on the following zoning case:
4. Case No. 896-1. SSP Partners. A change of zoning from a "B-1" Neighborhood Business
District to a "B-4" General Business District on Forest Park Addition Unit 2, Lots 9, 10, and
11, located on the southeast corner of Interstate Highway 37 and Nueces Bay Boulevard.
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.
Council Member Betty Jean Longoria noted that this zoning change was requested to allow
an auto repair facility. She said that such facilities often begin accumulating junk cars that need
repairs, and this particular facility will be very visible. Mr. Brandol Harvey, Director of Planning
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Regular Council Meeting
September 24, 1996
Page 4
and Development, said that the business would have to conform with all of the standard requirements
under `B-4" zoning for auto repair, including that all of the repair activity would have to occur inside
the building with no outside storage.
City Secretary Chapa polled the Council for their votes as follows:
4. ORDINANCE NO. 022694
Amending the Zoning Ordinance upon application by SSP Partners, by changing the Zoning
Map in reference to Forest Park Unit 2, Lots 9, 10, and 11, from "B-1" Neighborhood
Business District to "B-4" General Business District; providing for publication; and
declaring an emergency.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
* * * * * * * * * * * *
*
Mayor Rhodes opened the public hearing on the following zoning case:
5. Case No. 896-2. Johnny O'Neal. Jr.: A change of zoning from an "F -R" Farm -Rural District
to an "RE" Residential Estate District on Flour Bluff and Encinal Farm and Garden Tracts,
Section 51, Lots 20, 29, and 30, located on the south side of Yorktown Boulevard, between
Flour Bluff Drive and Waldron Road.
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 Betty Jean Longoria, and passed
unanimously.
Council Member McNichols asked if concems about the subject property's partial location
in Accident Potential Zone 1 (APZ-1) had been addressed. Mr. Harvey replied that overall with the
rezoning, the total density of the property would be less than would be allowed as a matter of right
in conformity with APZ designations. Dr. McNichols said that anything that can be done to decrease
population density in APZ zones is in the best interest of the community.
Council Member Martin pointed out that the subject property was currently zoned "F -R"
Farm -Rural District, which would allow for 12 units, while the proposal to rezone to "RE"
Residential Estate District would allow for 60 units on the 60 acres. Mr. Harvey said that if staff
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Regular Council Meeting
September 24, 1996
Page 5
strictly interpreted the Navy's guidelines for accident potential zones, there would only be one
housing unit per five acres within the APZ, but 10 feet on the other side, the city's plan would allow
seven units per acre. He said that obviously the planes flying overhead do not follow the APZ line
exactly, and staff considers the APZ and its environs in a larger context, which would result in
having fewer housing units that could be impacted by noise and possible accidents than if staff
followed the adopted land use plan.
Mr. Martin asked if the Navy had agreed to this proposal, and Mr. Harvey said they had not.
Mr. Martin said it should be determined if the Navy concurred with the proposed increase in density
compared to the current situation. He added that if the Navy agreed, he would support the plan.
Mr. Tom Utter, Assistant City Manager for Development Services, said staff could discuss
this issue with Navy officials and bring it back before the Council on October 8, 1996.
Mr. Johnny O'Neal Jr., 437 Dolphin, said his intention was not to develop any properties that
conflicted with the Navy's guidelines. Council Member Heldenfels asked where Mr. O'Neal
planned to build the first two housing units on the subject property, and Mr. O'Neal said probably
toward the back of the property.
5. POSTPONED
Zoning Map ;n refisren.,e to Flea Bluff and Eneinal Tarns and Cart.. Trats, Retied' 51,
Lots 20, 29, and 30, fres.. "I' R" Farm Rural District to "RE" Residential Estate District;
b1i
p.uvijIII g-fi,r pu„at;e1,, as.d de lar:ng y.
*************
Mayor Rhodes opened the public hearing on the following zoning case:
6. Case No. 896-4. Ann Jaime Swan: A change of zoning from an "A-2" Apartment House
District and "B-5" Primary Business District to a "AB" Professional Office District on Booty
and Allen's Addition, Block 1, west 92.67 feet of Lots 10 and 11, located on the northeast
corner of Elizabeth and South Alameda Streets.
Mayor Rhodes said the Planning Commission and staff recommended approval.
No one appeared in opposition to the zoning request. Council Member Heldenfels made a
motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed
unanimously.
7
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Regular Council Meeting
September 24, 1996
Page 6
Council Member Black said she had had several requests for a light to be placed at Booty and
Staples streets, and she asked if this would create more traffic. Mr. Utter said the city's Traffic
Engineering Department would monitor that situation, adding that this was a relatively small medical
office and should not generate a tremendous amount of traffic.
City Secretary Chapa polled the Council for their votes as follows:
6. ORDINANCE NO. 022695
Amending the Zoning Ordinance upon application by Ann Jaime Swan, by changing the
Zoning Map in reference to Booty and Allen's Addition, Block 1, west 92.67 feet of Lots 10
and 11, from "A-2" Apartment House District and "B-5" Primary Business District to a
"AB" Professional Office District; providing for publication; and declaring an emergency.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the following zoning case:
7. Case No. 896-5. Maria Torres Duane. A change of zoning from an "R -1B" One -family
Dwelling District to an "AB" Professional Office District on Gardendale Addition, Block 3,
Lot 18, located on the north side of Cain Drive, approximately 232 feet east of Everhart
Road.
Mayor Rhodes said the Planning Commission and staff recommended approval.
Mr. Harvey said the request was to rezone from "R -1B" to "AB" to allow a dental clinic. He
then showed a video of the subject property. He noted that located directly behind the subject
property was the Kiko's Restaurant parking lot that was given a special permit to serve the restaurant
which fronts on Everhart Road. He said the "AB" district is specifically designed to allow uses that
are compatible immediately adjacent to and within residential development. Mr. Harvey added that
since this was an expansion of non-residential properties on Everhart, it was considered to be a good
transitional zoning from general commercial to the residential properties remaining down Cain
Drive.
Mr. Ralph Nau, 4826 Cain Dr., said his property is located adjacent to the subject property,
and he is often disturbed by the noise generated by the existing commercial properties. He said he
was told that the only reason Kiko's was given the special usage was due to the business' egress on
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Regular Council Meeting
September 24, 1996
Page 7
Everhart, and future commercial properties would also have to have egress to Everhart. Mr. Nau
questioned how far down Cain Drive commercial properties would be allowed to exist. He
commented that gang activity has been a problem there, resulting in the need for considerable
lighting and security. He said if the subject property was zoned commercial, he and his neighbors
would be interested in rezoning their properties to commercial use.
Mr. Harvey stated that the adopted plan calls for commercial uses on Everhart, and there are
policy statements that generally say that between commercial uses and residential there ought to be
some transitional zoning such as multi -family or professional office. He said the current request for
rezoning was for professional office use, and he would expect that the next lot could also be rezoned
to professional office use if that was requested. Mr. Harvey stated that staff was not planning today
or in the future to rezone properties down Cain Drive to commercial.
Responding to Mayor Rhodes, Mr. Harvey said there would be no specific requirement for
security or directional lighting for the subject property.
Council Member Heldenfels pointed out that the subject property is a 39,600 -square foot lot
and the dental clinic will only be about 2,000 square feet, but the exact location of the building on
the lot is not specified. Mr. Harvey replied that with the "AB" zoning the side yard requirements
are increased compared with the single-family zoning.
Council Member Martin asked if the 20% rule was in effect, and Mr. Harvey said it was not,
adding that only one property owner (Mr. Nau) was opposed to the rezoning. At the Planning
Commission meeting, Wendy's restaurant had indicated its opposition but it has since withdrawn
opposition.
Mr. Martin referred to the process that took place with Kiko's Restaurant's zoning, and he
said the Council at that time did offer much assurance about the issue of access to Everhart and not
letting commercial properties expand into the neighborhood. He pointed out that with this rezoning,
the Council was not merely approving a 2,000 -square foot building as proposed but rather any
allowable professional office use that could fit on that lot.
Council Member McNichols commented that "AB" zoning was used as transitional zoning
because professional office use was not generally high -use and high -traffic and was much more
compatible to residential uses.
Mr. Martin asked if the applicant or staff had considered a special permit, and Mr. Harvey
said they did not because the "AB" usage seemed to be supportable. Mr. Martin pointed out that
with a special permit lighting and specific useage could be controlled.
Mr. Joe Garcia, 645 McCall Street, who represented the applicant, distributed a proposed site
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Regular Council Meeting
September 24, 1996
Page 8
plan and floor plan. Mr. Martin asked if the applicant would consider a special permit. Mr. Garcia
replied that the applicant would prefer not to have a special permit because she is in the process of
obtaining a loan, and he said that most lending institutions would prefer not to lend money for
properties that are encumbered by special provisions. He said the applicant felt the "AB" zoning was
proper, and the request had been recommended for approval by both the Planning Commission and
city staff. Mr. Heldenfels said he understood Mr. Nau's concerns, and questioned the applicant's
hesitancy toward receiving a special permit. Mr. Garcia replied that the applicant was not opposed
to a special permit, but she would prefer the "AB" zoning.
City Secretary Chapa polled the Council for their votes as follows:
7. ORDINANCE NO. 022696
Amending the Zoning Ordinance upon application by Maria Torres Dunne, by changing the
Zoning Map in reference to Gardendale Addition, Block 3, Lot 18, from "R -1B" One -family
Dwelling District to "AB" Professional Office District; providing for publication; and
declaring an emergency.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and McNichols voting
"Aye"; Martin voting "No."
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the following zoning case:
8. Case No. 896-6. L.D. Coffey: A change of zoning from an "R -1B" One -family Dwelling
District to a "B-4" General Business District on Highway Park, Block A, Lots 4 and 5,
located on the west side of Rhodes Court, approximately 150 feet south of Leopard Street.
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:
ORDINANCE NO. 022697
Amending the Zoning Ordinance upon application by L. D. Coffey, by changing the Zoning
Map in reference to Highway Park, Block A, Lots 4 and 5, from "R -1B" One -family
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September 24, 1996
Page 9
Dwelling District to "B-4" General Business District; providing for publication; and
declaring an emergency.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the following zoning case:
9. Case No 896-7 I I nd M rin rvi A change of zoning from a "B -2A" Barrier Island
Business District to an "I-2" Light Industrial District on Padre Island No. 1, Block 2, Lots
9A and 10A, located on the west side of South Padre Island Drive (Park Road 22),
approximately 320 feet north of Jackfish Avenue.
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 boat storage and boat repair subject to
an approved site plan and six (6) conditions.
No one appeared in opposition to the zoning request. Council Member Heldenfels made a
motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed
unanimously.
Mayor Rhodes said the six conditions were: this is the only use authorized; proper
landscaping must be provided; standard screening fence is required; outside paging, speakers or
telephone bells are prohibited; all security lighting must be directed away from the residential area;
and the special permit will expire within one year unless the property is being used as outlined.
City Secretary Chapa polled the Council for their votes as follows:
ORDINANCE NO. 022698
Amending the Zoning Ordinance upon application by Island Marine Services, by granting
a Special Council Permit for boat storage and boat repair subject to six (6) conditions, on
Padre Island No. 1, Block 2, Lots 9A and 10A; providing for publication; and declaring an
emergency.
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."
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Regular Council Meeting
September 24, 1996
Page 10
Mr. Chapa pointed out that the public hearing on Item 7 was not closed; therefore, Council
Member Heldenfels made a motion to close the public hearing, seconded by Council Member Best,
and passed unanimously.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 10, water -related issues.
Mr. James Dodson, Regional Water Director, explained that on September 10, 1996, the
Council amended the city's Drought Contingency Plan and voted to enact Condition III effective
November 1, 1996. The schedule was designed to phase in Condition III, with the first elements
simply being prohibiting the use of water for scenic ponds and lakes; prohibiting the use of water
for putting new agricultural land into production; and allowing restaurants to serve water only upon
request. He said the mandatory rationing elements of Condition III were scheduled to be
implemented when the reservoir system capacity dropped below 20%.
Mr. Dodson said staff then submitted a work plan with those elements he described to the
Texas Natural Resource Conservation Commission (TNRCC) to try to suspend the requirements for
freshwater releases. During meetings held last week in Austin, TNRCC staff indicated that there had
been misunderstanding about the timing of the implementation of those elements. Mr. Dodson
referred to a letter from Mr. Dan Pearson, TNRCC Executive Director, to Mr. Hennings in which
he comments on the city's work plan and states that the TNRCC would like to see the immediate
implementation of Condition III and the three elements previously discussed in order to immediately
qualify for suspension of the releases. Mr. Pearson also called for some additional water
conservation measures to be put into effect by November 1, 1996.
The Regional Water Director said the staff was proposing an ordinance which would again
amend the Drought Contingency Plan to allow for the immediate implementation of Condition III
and those three items. He said the pass-through suspensions would be conditioned upon further
water savings measures to be implemented, but it would allow staff several weeks to work with
TNRCC staff in developing a plan for those measures that would be acceptable to all. The city
would not be required to meet the September targets at this time, and if the Council approves the
water savings measures during its October 8th meeting, then all inflow requirements remaining from
August, September and October would be immediately suspended.
Council Member McNichols said the question arises why the city is being asked to amend
the plan it recently adopted. He said sometimes staff and the Council think they understand the
TNRCC's directives and either they do not interpret it correctly or the message is not as clear as it
could have been, or both. He asked the Council to support the proposals because they constituted
fairly minor changes in the plan yet they go a long way in continuing the good -faith negotiations
with both the TNRCC staff and commissioners and ultimately accomplishing a long -held goal of
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Regular Council Meeting
September 24, 1996
Page 11
suspending the freshwater releases.
Dr. McNichols noted there are people in the community who feel that a legal challenge
should be sought to suspend the releases; however, that would only result in the cessation of
negotiations. He asked those people to stand behind the Council at this time to avoid a legal issue.
Mayor Rhodes commented that she, Mr. Jerry Kane and city staff did have some productive
face-to-face meetings with Mr. Pearson and TNRCC staff, and she said she totally agreed with Dr.
McNichols' comments about continuing to negotiate in good faith. She added that if the city, upon
its own volition, stopped releasing the water, the city would be under immediate fines and the
TNRCC has the power to overturn the decision anyway.
Council Member Heldenfels asked why the Council was waiting until October 8 to make its
final decision. Mr. Dodson replied that they are still working with TNRCC staff to try to identify
acceptable water -saving measures.
Mr. Heldenfels also referred to an opinion from City Attorney Bray regarding a request for
reconsideration of a water pipeline appropriation ordinance. Mr. Heldenfels questioned Mr. Bray's
interpretation of the phrase "appropriations already made" in Article I, Section 4(b) of the Charter,
which Mr. Bray quoted in his opinion. Mr. Bray replied that the ordinance in question was clearly
an appropriation, and that section of the charter is a comprehensive statement which lists items that
are not included within the initiative and referendum provisions. He added that the exclusion of
appropriations is very standard on all initiative and referendum provisions. Mr. Heldenfels said he
thought that was unfair.
Mayor Rhodes said she had asked TNRCC officials about citizens using their monthly water
allotments as they saw fit, and they agreed.
Council Member Martin asked Mr. Dodson if it was reasonable to say that the proposed
ordinance would essentially have no effect on anyone, and Mr. Dodson said it was. Mr. Martin then
referred to the third "Whereas" clause in the proposed ordinance which states that the TNRCC "...has
agreed that the City could suspend further releases of water..." He suggested that the wording instead
could be "temporarily suspend" since the releases would not be stopped permanently.
Mr. Martin also asked about the following statement in the proposed ordinance: "...Condition
III shall remain in effect as long as the TNRCC allows the City of Corpus Christi to suspend the
passage of inflows from the reservoir system." Mr. Bray replied that that language was included to
allow the city to suspend releases even if the reservoir system capacity goes above 30%. Mr. Martin
said that is yet to be determined through negotiations with the TNRCC.
Mr. Martin asked if a proposal made by Mr. Ray Allen, Chairman of the Coastal Bend Bays
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Regular Council Meeting
September 24, 1996
Page 12
Foundation, will be included in city staff's discussions with the TNRCC, and Mr. Dodson said it will
be. (Mr. Allen's proposal concerns increasing wastewater diversions to Nueces Bay.) Mr. Martin
said that if Mr. Allen's idea could be implemented successfully, it would be a permanent solution
to the issue of water releases. Dr. McNichols pointed out that the permits have been obtained to
initiate the effluent diversion demonstration project in the Nueces River Delta near the Allison
Wastewater Treatment Plant. Following a brief discussion, the Council concurred that Mr. Allen's
proposal should be pursued.
Upon verification by Mr. Bray, Mr. Martin said that no releases would be made in September
nor prior to the City Council discussing the issue.
Responding to Council Member Best, Mr. Hennings said the goal was to arrive at an
agreement with TNRCC so that whatever action the Council takes on October 8 will be satisfactory
to them and they will suspend the requirement for water releases for the remainder of the drought.
Dr. Best reiterated his frustration with the mandated water releases. Dr. Best also asked about the
lake levels and their correlation to the releases and the end of the drought. Mr. Hennings replied
that all of those details will be discussed with TNRCC officials and brought before the Council on
October 8 for their approval.
Dr. Best also asked if any of the TNRCC officials have visited Corpus Christi to see the
situation first-hand, and Mr. Hennings said that Mr. Bruce Moulton of the TNRCC has been a
regular participant in the city's Water Conservation Advisory Committee meetings as well as coming
to Corpus Chirsti on several other occasions, and the commissioners themselves have been here. Mr.
Hennings added that it is his plan to have in writing on October 8 the position of the TNRCC on
what will be entailed to suspend water releases for the remainder of the drought.
Council Member Betty Jean Longoria said the Council members have the responsibility to
explain the situation behind the water releases to concerned citizens when they inquire about it. She
also asked if staff agreed to add the word "temporarily," and Mr. Dodson said they agreed.
Mr. Hennings explained that Items 10.a. and 10.b. were an all-out effort on the part of the
city to put an end to the water releases until the end of the drought. He said on October 8 the
Council will be able to determine if the TNRCC's requirements will be reasonable or not.
Mr. Bray pointed out that Sections 4, 5 and 6 that are referred to in Section 2 of the proposed
ordinance refer to the numbers of the sections that were renumbered at the last Council meeting; that
is, they refer to the provisions prohibiting water in the following instances: in restaurants (except
upon request), water for scenic and recreational ponds, and water to put new agricultural land into
production.
Mayor Rhodes called for comments from the audience.
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Regular Council Meeting
September 24, 1996
Page 13
Mr. Jim Parker, of Parker Landscape, asked if the city would still be under a modified
Condition III if the Council approved the ordinance. He also asked if 30 -day water permits would
still be available for new landscaping. Mr. Hennings replied affirmatively to both questions. Mr.
Parker then asked if the Water Conservation Advisory Committee (of which Mr. Parker is a member)
would be able to work with staff in their negotiations with the TNRCC. Mayor Rhodes said the
situation was no longer within the scope of the advisory committee since city staff was negotiating
directly with the TNRCC.
Mr. J.E. O'Brien, 4130 Pompano, said the news media reported the water supply at 29.89%
of capacity, and he questioned the implications if that figure rose to over 30% and the ordinance was
passed. He also asked for a definition of the term "appropriation" in reference to Mr. Bray's opinion.
He said the U.S. and Texas constitutions as well as the City Charter guarantee the people the right
to petition. He disagreed with Mr. Bray's comment that the $4.8 million for preliminary pipeline
costs is contained in the budget. Mr. O'Brien said he thought the $4.8 million was a loan and would
be repaid.
Mr. Martin replied to Mr. O'Brien that the ordinance was worded in such a way that if the
30% level is exceeded, the releases will continue to be suspended pending the October 8th action
by the Council.
Mr. Leon Perez, 904 Buford, said he could not understand why the issue of water releases
was still being debated. He also contested the authority of the TNRCC to require the releases and
criticized the water pipeline.
Mr. Phil Rosenstein said there has been much confusion regarding the whole water issue,
adding that the brunt of the water conservation measures is being borne by residents.
Mr. Neal Trolinger, 337 Stages Dr., said there are conflicting statements made concerning
the water releases, and he said the proposed ordinance extends the drought above the 30% mark to
those people who are regulated by ordinance.
Mr. Jimmie Till, 1265 Southern Minerals Road, asked about the three provisions of
Condition III that were being proposed at this time. Mr. Dodson said the three items that would be
put into effect immediately were: prohibition of the use of water for scenic ponds and lakes;
prohibition of the use of water for putting new agricultural lands into production; and restaurants
would only be allowed to serve water upon customer request.
Ms. Carm Shafer, 11910 Mesa Ave., said she found it very hard to believe that after all the
negotiations the city has gone through that they had nothing in writing. Mayor Rhodes said there
has been several things in writing but it is a continual process where the city renegotiates with
TNRCC. She said Mr. Hennings is quite correct in not wanting to bring any further proposals to the
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Regular Council Meeting
September 24, 1996
Page 14
Council unless the TNRCC has first approved them.
Mr. R.F. Hasker referred to a report by Mr. Dale Nelson of KRIS -TV regarding the lake
levels, and he agreed with a previous speaker that this issue was very confused.
Mr. Hennings said that last night KRIS -TV news made a serious misstatement about the
water release situation. He said the viewer was led to believe that the city has intentionally released
over 800,000 acre-feet of water to the estuary since 1992, and that that amount is far in excess of the
amount required to be released. He said the statement was even made that there was
mismanagement in that regard. Mr. Hennings said those statements were absolutely untrue because
the figures used in the newscast included the flood flows on the Nueces River in 1992 and 1993,
when the two reservoirs were full. He said the additional waters then flowed over the lakes and
flooded down the Nueces River; of the 800,000 figure referred to in the newscast, over 600,000 acre-
feet consisted of flood flows on the Nueces River in 1992. He added that those misstatements were
highly irresponsible and damaged the public understanding of the role of water releases.
Mr. Hennings went on to explain that the city was required to agree to a program of planned
water releases as a pre -condition to construct Choke Canyon Reservoir. In addition, if Choke
Canyon had not been built, and no releases were required from Lake Corpus Christi, then Lake
Corpus Christi would have dried up and the region would have no water today. Mr. Hennings
emphasized that Choke Canyon has greatly contributed to the area's water supply during this
drought. He added that under the present pass-through plan of water releases, only 3,650 acre-feet
of water has been passed through to the estuary since the beginning of 1996.
Mr. Martin reiterated that the Council's action with the ordinance affected no one; it merely
allowed the city --in a non -adversarial way --to not have to make water releases in September. He
said the major issues will be discussed in two weeks.
Responding to Mr. Heldenfels, Mr. Hennings said the amount of water that is released at
certain times depends on the circumstances; for instance, for the first six months of 1992 the lakes
were full most of the time and he did not think there was any requirement to release water other than
what flooded during that time. He noted that since the release targets are monthly targets, it depends
on the circumstances for that month.
In reply to Dr. Best, Mr. Dodson said to his knowledge the city was not really providing
water for irrigation.
Mr. Heldenfels made a motion to insert the word "temporarily" in the third "Whereas" of the
proposed ordinance, seconded by Mrs. Longoria; the motion passed.
City Secretary Chapa polled the Council for their votes as follows:
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Regular Council Meeting
September 24, 1996
Page 15
10.a. ORDINANCE NO. 022699
Ordinance amending the Code of Ordinances, Chapter 55, Utilities, Article XII, Water
Conservation, Section 55-156, Water Conservation and Drought Contingency Plan regarding
Conditions III, to comply with provisions in the Texas Natural Resource Conservation
Commission's Agreed Order on freshwater inflows to the Nueces Estuary allowing for the
suspension of remaining inflow requirements.
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."
10.b. M96-286
Motion directing the City Manager to request the Texas Natural Resources Conservation
Commission to take the necessary actions to permit suspension of releases from the reservoir
system of all inflows.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
Mr. Martin asked that the original sections that are referred to in the ordinance be filed with
the ordinance.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 10.c., cost of water services study and other water
related issues.
Mr. Hennings stated that when the Council appointed the Regional Water Supply Task Force,
he had suggested that the cost of service study that was completed in 1990 be updated. He explained
that a cost of service study identifies a class of customers, such as single family residences, and then
it determines what the cost is to provide water to those customers compared with the rates they are
paying. Mr. Hennings said the project team consisted of Steve Klepper, a city staff member; and
John Moore and Rick Covington of Resource Management International, with assistance from the
local firm of Collier, Johnson & Woods. Members of the working group overseeing the project were
Jim Naismith, Carola Serrato, Jim Edmundson, Ford Patton, Roel Valadez, Juan Garza, Tom Curlee,
and Jim Wann.
Mr. Hennings then referred to an overview of the cost of service study for fiscal year 1995-
96. He noted that the cost of service (including drainage costs) for inside -city -limits (ICL)
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Regular Council Meeting
September 24, 1996
Page 16
customers was approximately $20.2 million, while the actual revenues were $22.4 million
(residential revenues were up significantly because of very little rain). The cost to serve outside -city -
limits (OCL) customers, over 99% of which are commercial/industrial customers, was $10 7 million,
while the OCL revenues were $10.8 million. The wholesale treated water customers' water cost $1.3
million, while they paid $1.5 million for the water; and the cost of service for wholesale raw water
customers was $3.6 million and their revenues were $2.2 million.
The Acting City Manager also analyzed the cost of service for FY 95-96 compared to the cost
of service study conducted in 1990. According to the graph, the percentage of the total cost for ICL
customers has been reduced somewhat since 1990, while the share of the cost for OCL customers
has increased since 1990. There was very little change for the wholesale treated water customers,
while the disparity between the costs and the revenues for the wholesale raw water customers has
increased. With regard to ICL residential customers, the costs have decreased from 1990 to 1996.
Mr. Hennings explained that in the 1990 study the treatment of the Choke Canyon expenditures was
different than it should have been, and that has since been corrected.
Mr. Hennings discussed a breakdown of the costs and revenues by customer classes. The
ICL residential customers' cost of water was about $11 million and the rate revenues were about
$13.2 million. He said one of the reasons for that difference was that FY 95-96 was a very dry year
and there was more outside usage of water, which was magnified by the increasing block rate
structure for residential customers. The cost for commercial/industrial ICL customers was about
$9.2 million, and the rate revenues were also about $9.2 million. The totals of all the customer
classes were costs of $35.8 million and rate revenues of $36.9 million. Mr. Hennings noted that the
revenues were higher than normal because of the increased water usage due to the dry year. He said
one thing to consider in setting the rates is the concept of weather normalization.
Responding to Dr. McNichols, Mr. Hennings said that another issue to deal with is the cost
of drainage service, which is only available to ICL customers. At the present time it is part of the
water rate and is based on water consumption; a more fair method would be to charge for drainage
based upon one's contribution to drainage. Mr. Martin pointed out that if the drainage costs of about
$3 7 million were removed from the total ICL costs of $20.2 million, the ICL customers would be
over charged by about $5.9 million. Mr. Martin concluded that the issue of whether or not to
establish a drainage utility becomes less relevant (with the exception of capital issues) because ICL
customers are currently paying for drainage costs; if those costs were removed, in theory the water
rates would need to be reduced by the same amount. Dr. McNichols said he agreed with Mr.
Martin's analysis, adding that the drainage capital issues do need to be considered.
Mr. Hennings said some of the issues to be discussed in the future include the suggestion of
establishing a separate rate class for large industrial customers which use processed water, as well
as the effect of decreasing block rates for the large industrial customers and the other commercial
customers. In addition, there needs to be discussion about the implications of the changes in raw
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Regular Council Meeting
September 24, 1996
Page 17
water costs to the rate structure in the future.
The next issue addressed by Mr. Hennings was the concept of "passing through" the cost of
raw water, which means that every customer would pay the same amount for a gallon of water; the
difference in the bill would be in the rate portion, which includes costs for the treatment, distribution,
transmission and pumping of the water. He noted that with the advent of the water project from
Lake Texana, there will be fluctuating costs of raw water much greater than this area has faced
previously. He said a similar situation occurred in the 1970s, when gas prices began to fluctuate on
the market, which led to the adoption of the pass-through cost for gas. Mr. Hennings also discussed
the current budgeted raw water costs and how the pass-through approach would affect different
customers.
Mr. Martin commended the study, and asked if there were some temporary or permanent
adjustments that needed to be made with regard to the raw water issue. Mr. Hennings replied that
it was a little of both, because the current system of adjusting the cost of raw water lags behind by
about 1 %z years; and the debt service on the $4.8 million project to repair Wesley Seale Dam was not
included in the formula for raw water.
Mr. Martin also asked to whom the non -rate revenue is attributed, and he inquired which
class of customers, subsequent to 1990, owns the Choke Canyon reserve, if it was being attributed.
Mr. Hennings explained that the non -rate revenues are treated by the city's accountants as a net
against the cost. He added that the question then becomes how to allocate the non -rate revenues,
which involves whether the "cash basis" or the "utility basis" is used for OCL customers. The
manuels of the American Water Works Association call for the entity that owns the system to be
treated on a cash basis, and the other entities to be treated on the utility basis. In Corpus Christi,
revenue requirements for ICL customers are determined by using the cash basis, while the utility
basis is used for OCL customers.
Mr. Klepper explained that the basic difference between the cash basis and the utility basis
is how the capital is paid: on the utility basis, capital is paid on the basis of a rate of return off of the
rate base, which are simply the assets and depreciation of the water system; on the cash basis, debt
service is paid, plus pay-as-you-go capital. Mr. Martin said that at some point there will be a very
important issue with regard to which customer class Choke Canyon funds can be attributed.
Responding to Dr. Best, Mr. Hennings said the city's water system was part of the combined
utility system which is operated on a "break-even" basis; however, among the individual utilities,
the wastewater system loses money so revenues from the water and gas systems help to pay for the
wastewater costs. He added that the only payments to the General Fund are for services --there is no
transfer in lieu of taxes or anything like that.
In reply to another question from Dr. Best, Mr. Carl Crull, Assistant City Manager for Public
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Regular Council Meeting
September 24, 1996
Page 18
Works and Utilities, explained that the cost of raw water is determined by the cost of getting the
water to the Stevens Water Treatment Plant, including the operations, maintenance, and debt service
on the Choke Canyon and Wesley Seale dams; the first year's payment to the Lavaca-Navidad River
Authority for the water; a percentage of the administrative costs; and other costs, which add up to
about $9 million. That amount is divided by the total consumption from last year (about 36.3 billion
gallons), which equates to 25 cents per 1,000 gallons. Mr. Crull said he anticipates that as the
different elements of the pipeline system come on line, there will be changes in the cost of raw
water, which he briefly discussed.
Dr. McNichols asked if staff was recommending changing the current model for determining
revenue requirements. Mr. Hennings said staff was recommending that the current approach
continue to be used.
* * * * * * * * * * * * *
Mayor Rhodes announced the first closed session item, pursuant to Texas Government Code
Sections 551.071 and 551.074 regarding new City Manager selection and other matters related to
selection, with possible action thereafter in open session;
The Council went into closed session.
The Council returned from closed session.
Mayor Rhodes made a motion, seconded by Council Member Heldenfels, to appoint Mr. Bill
Hennings as City Manager, effective immediately, and to bring back a resolution concerning his
compensation at the October 8, 1996 Council meeting. The Mayor called for a voice vote on her
motion, and it passed unanimously. (M96-303)
Mayor Rhodes thanked Mr. Hennings for being willing to take on the position of City
Manager, adding that the Council has a lot of confidence in him and he has done a wonderful job
thus far. Mr. Hennings replied that he appreciates the confidence the Council is showing in him.
He said that when former City Manager Juan Garza announced his resignation in April 1996, he did
not realize the drought would be so severe and the resulting work load so strong. However, he said
he looks forward to seeing several projects through to completion, and he pledged his best efforts
to work with the Council and to help them reach their goals.
* * * * * * * * * * * * *
Mayor Rhodes called for a five-minute recess.
* * * * * * * * * * * * *
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Regular Council Meeting
September 24, 1996
Page 19
Before announcing the remaining two closed session items, the Mayor stated that when the
Council returned from closed session, they would hear the appeal by Martin and Pam Anguiano, who
had arrived at the meeting (Item 3 on the agenda). Following that, she said they would proceed with
the consent agenda.
Mayor Rhodes then announced: B.) closed session pursuant to Texas Government Code
Section 551.071 regarding Hal Suter et al v. Corpus Christi Bay Area Business Alliance et al, Cause
No. 96-4518-E, 148th District Court, Nueces County, Texas, with possible action in open session;
and C.) closed session pursuant to Texas Government Code Section 551.071 Pascual J. Arnal and
the Corpus Christi Police Officers Association v. City of Corpus Christi, Cause No. 95-5591-H,
347th District Court, Nueces County, Texas, with possible action in open session.
The Council went into closed session.
The Council returned from closed session.
* * * * * * * * * * * * *
Mayor Rhodes reopened discussion on Item 3, appeal of the Building Standards Board
decision. She noted that at the beginning of the Council meeting that day, the Council members had
ruled that they would uphold the board's decision to require demolition of structures at 645 (a.k.a.)
647 Mohawk. She said the applicants were not present at the meeting at that time, so she would
allow them to make their appeal since they had arrived.
Mrs. Pam Anguiano stated that when she and her husband purchased the property from Mr.
Norman Ramsey, he did not inform them that it had been condemned. She said they bought the
property with the intention of rehabilitating it.
Mr. Utter explained that this property consists of five buildings with seven dwelling units.
This case originally came before the Building Standards Board on February 29, 1996, when the
board determined that the structures should be demolished. Subsequently, bids for demolition were
taken and on May 23, 1996 the new owners, the Anguianos, requested a rehearing, which was held
on June 7, 1996. At that meeting, the Building Standards Board upheld their original decision
requiring demolition. Mr. Utter then showed slides illustrating the structures' state of deterioration,
noting that there have been 55 police calls to this address over the last 12 months.
Mr. Norman Ramsey, the previous owner, said the police calls were generated by activity
next door at 637 Mohawk. He said he sold the property to the Anguianos because they have the
finances and are capable of rehabilitating the structures. He added that the frames of the structures
are sturdy.
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Regular Council Meeting
September 24, 1996
Page 20
Mayor Rhodes asked how Mr. Ramsey sold the property to the Anguianos without informing
them of the demolition order. Mr. Ramsey said he did not receive a letter about the demolition
because he no longer lived on the property. He said the Anguianos have not had an opportunity to
improve the buildings because of the demolition order.
The Mayor then asked the Anguianos how much time they would need to bring the buildings
up to code. Mrs. Anguiano said she did not know, but they would begin improving them
immediately. Mayor Rhodes said it was staffs conclusion that the structures would require an
extensive amount of work --the emphasis was on the safety of the structures, not on the aesthetics.
Mrs. Anguiano pointed out that they have boarded up the structures and posted no trespassing signs
on the property.
Responding to Council Member Cooper, Mr. Utter said the Police Department has confirmed
that the number of calls to that address is accurate. He added that the buildings had been occupied
illegally for a number of months and there was no electricity, water or sewer to the property.
Council Member Heldenfels said that if the Council voted to grant the Anguianos an
extension until December 31, 1996, and they did not improve the property, then the buildings would
be demolished. Mrs. Anguiano said she felt that would be fair.
Council Member Betty Jean Longoria said she has seen the condition of the buildings, and
they had a responsibility first to the citizens. She said the buildings need extensive repairs and she
would support an extension if there was some assurance that the Anguianos would be able to
rehabilitate the structures.
Council Member Cooper made a motion to reconsider Item 3, seconded by Council Member
McNichols; the motion passed.
Mayor Rhodes asked City Attorney Bray how the Council should proceed. Mr. Bray
suggested that staff meet with the Anguianos to draw up an explicit agreement that will be brought
back to the Council for their approval on October 8, 1996.
Replying to Council Member Martin, Mr. Utter said that during the June 7th meeting of the
Building Standards Board, staff recommended allowing the Anguianos an opportunity to make
repairs since they had just bought the property; however, the board voted to uphold their decision
to demolish. In response to another question from Mr. Martin, Mr. Utter said that normally staff
tries to work with a property owner, and if there is no adequate response then there is no choice but
to take the case to the Building Standards Board. At that point, it is not uncommon for staff to
recommend that a property be repaired, and if repairs are not made, then the property would be
demolished.
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Regular Council Meeting
September 24, 1996
Page 21
Mr. Utter said that staff's last inspection in August 1996 showed significant deterioration of
the subject property, and there continue to be police calls to that address. Mr. Martin asked if
improvements had been made prior to the August inspection, and Mr. Utter said they had not, other
than boarding up the structures.
Mr. Martin said there was a point after which some buildings are irrepairable. He asked if
the Anguianos had any estimates of the cost to repair the units, and Mrs. Anguiano said they did not,
but they wanted to do what was necessary to make the repairs.
Mayor Rhodes made a motion to have the Anguianos meet with staff to prepare a plan for
rehabilitation, which will come back before the Council on October 8, 1996; seconded by Mr.
Heldenfels, and passed unanimously.
* * * * * * * * * *
*
**
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 11 through 33, and Council Members and a citizen
requested that Items 17, 18, 19, 25 and 26 be withheld for discussion. She added that Item 27 had
been pulled off the agenda.
City Secretary Chapa polled the Council for their votes and the following were passed:
11. M96-287
Motion approving a supply agreement for approximately 1,387 automotive and commercial
batteries in accordance with Bid Invitation No. BI -0228-96 with Excide Battery, Corpus
Christi, Texas based on the total low bid of $47,521.18. The term of the contract will be
twelve months with an option to extend for up to two additional twelve month periods
subject to the approval of the supplier and the City Manager or his designee. These batteries
will be used by Maintenance Services, Fire Department and Park and Recreation. Funds have
been budgeted by these departments for FY 96-97.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
12. Iv196-288
Motion approving a supply agreement with G & A Environmental, Corpus Christi, Texas for
quarterly groundwater monitoring analysis for J.C. Elliott Landfill in accordance with Bid
Invitation No. BI -0007-97 based on low bid for an estimated annual expenditure of $21,560.
The term of the contract will be for twelve months with an option to extend for up to two
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Regular Council Meeting
September 24, 1996
Page 22
additional twelve month periods subject to the approval of the supplier and the City Manager
or his designee. Funds have been budgeted by Solid Waste Services in FY 96-97.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
13. M96-289
Motion granting a one-year extension for a Special Permit granted to McKinnon
Broadcasting, on September 26, 1995, for a television broadcasting station, studio and offices
(Zoning Case No. 595-4).
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
14.a. M96-290
Motion awarding a construction contract for Underground Fuel Storage Tank Mitigation
1996, Project No. 2 for soil borings and monitor well installation in the amount of
$46,870.50 to Professional Services, Inc. (PSI).
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
14.b. M96-291
Motion awarding a contract for Underground Fuel Storage Tank Mitigation - 1996, Project
No. 2 for laboratory services in the amount of $20,543 to Core Laboratories, Inc.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
15. M96-292
Motion awarding a contract in the amount of $19,750 to Riceland, Inc. for replacement of
one Exhibit Hall overhead door for the Convention Center.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
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Regular Council Meeting
September 24, 1996
Page 23
16.a. M96-293
Motion authorizing the City Manager or his designee to accept FAA Grant Number 3-48-
0051-23-96 in the amount of $542,916 for the Paving Rehabilitation of Runway 17/35
Corpus Christi International Airport (CCIA).
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
16.b. ORDINANCE NO. 022700
Ordinance appropriating $542,916 from FAA Grant Number 3-48-0051-23-96 for the Paving
Rehabilitation of Runway 17/35 in the No. 245 Capital Improvement 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."
16.c. M96-294
Motion awarding a contract for Runway 17/35 Pavement Rehabilitation - Corpus Christi
International Airport in the amount of $478,033.75 to Haas -Anderson Construction, Inc.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
20. M96-298
Motion appointing Mrs. Elia Gutierrez as the lay representative and advisory council
member for the City of Corpus Christi to the South Texas Library System for a three-year
term ending August 31, 1999. The individual represents the interest of the City in
administration of the South Texas Library System, a Federal and State Grant Program funded
through the Texas State Library.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
21. M96-299
Motion authorizing the appointment of two ad hoc art selection panels to the Municipal Arts
Commission for the purpose of selecting artwork for the Brooks Chapel Day Care Center and
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Regular Council Meeting
September 24, 1996
Page 24
the Northwest Senior Center as per the Public Art Ordinance.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
22.a. M96-300
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 Retired and Senior Volunteer Program.
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. 022707
Ordinance appropriating $42,934 from the Corporation for National and Community Service
for the Retired and Senior Volunteer Program Grant in 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."
22.c. ORDINANCE NO. 022703
Ordinance transferring $626,584 from the No. 102 General Fund to the No. 162
Federal/State Grants fund; appropriating $626,584 as matching funds for Senior Community
Services programs in the No. 162 Federal/State Grants fund; appropriating $47,887 in
program income from the unreserved fund balance of the No. 162 Federal/State Grants fund
as matching funds for Senior Community Services programs in 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. ORDINANCE NO. 022704
Ordinance authorizing the City Manager or his designee to execute a concession agreement
with Karim and Wedad Hamid, d.b.a. Shoreline Surreys of Texas.
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Regular Council Meeting
September 24, 1996
Page 25
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. M96-301
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$716,819 and to execute attachment No. 3 to Contract No. 7460005741-97 with the Texas
Department of Health to provide group nutrition education, individual counseling,
immunization services and to prescribe food at no cost to individuals identified as having
nutritional deficiencies and/or nutritional risk.
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. 022705
Ordinance appropriating a grant from the Texas Department of Health in the amount of
$716.819 in the No. 162 Federal/State Grants fund- Health Department to fund group
nutrition education, individual counseling, immunization services, and to prescribe food at
no cost to individuals identified as having nutritional deficiencies and/or nutritional risk.
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. PULLED
Service Board Rules and Regulatie..s. An.ei.di..g Ordinane., No. 8127, Scetien 700,
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Regular Council Meeting
September 24, 1996
Page 26
28. FIRST READING ORDINANCE
Closing and abandoning a 70 -square foot area of a 71/2 -foot wide utility easement in Lot 4,
Block 4 Inverness - Unit A - subject to compliance with the specified conditions and the
owner replatting the property within 180 days at the owner's expense.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
29. FIRST READING ORDINANCE,
Authorizing the City Manager or his designee to execute a one year lease, with the option
to renew for additional one year periods through the year 2011, with the U.S. Department of
Transportation, Federal Aviation Administration (FAA) to operate the Remote Transmitter
Site No. 2 and Remote Receiver Site (FAA lease DTFA07-97-L-01062), in consideration of
the FAA establishing, maintaining, and operating Air Traffic Control Tower Facilities at the
Corpus Christi International Airport; and providing for publication.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
30. ORDINANCE NO. 022707
Authorizing the City Manager or his designee to execute a 5 -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 second reading by the following vote: Rhodes, Best,
Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
31. ORDINANCE NO 022708
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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September 24, 1996
Page 27
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."
32. ORDINANCE NO. 022709
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 counterspace,
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 second reading by the following vote: Rhodes, Best,
Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
33. ORDINANCE NO. 022710
Amending the Code of Ordinances, Chapter 53 -Traffic, Section 53-250, Schedule I - One-
way streets and alleys, by establishing a one-way southbound traffic pattern on Mesquite
Street between Chaparral Street and Hirsch Street, in conjunction with the Visitor/Traffic
Improvements at Bayfront Arts and Science Park project.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 17, Spur 3 street improvements project.
Council Member McNichols noted that some archeological digs were taking place in that
area, and he asked if they would delay or stop the project. Mr. Crull replied that the parcel being
acquired with this action is associated with the first phase of the project, while the archeological
investigation was occurring along Alameda Street and Ennis Joslin. He said the archeologist has not
yet formulated his report for the state Historical Commission, which will need to make a
determination after that point. Mr. Crull added that the reconstruction of the Alameda -Ocean Drive
intersection is in the second phase of 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:
Minutes
Regular Council Meeting
September 24, 1996
Page 28
17. M96-295
Motion authorizing the acquisition of Parcel 3 located on the south side of Ocean Drive at
the Alameda Street intersection from Second Convenience Stores Properties, Inc. for $58,989
in connection with the Spur 3 Street Improvements Project.
The foregoing motion passed 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 18, pertaining to the Safe Drinking Water Act.
Council Member John Longoria asked staff to further explain why they were recommending
waiving the 75% local participation rule. Mr. R.H. Shackelford, Director of Engineering Services,
explained that the Regulation Negotiating Committee developed three specific rules concerning the
amended Safe Drinking Water Act: disinfection; disinfection by-products (phases I and II); and
enhanced surface water treatment. He said the committee determined that the necessary data was
not available, so they created another rule called the Information Collection Rule (ICR), and there
are 46 parameters they want to test and gather data on throughout the country.
Mr. Shackelford said staff has not been able to identify any local laboratories or engineering
firms which have the depth of familiarity needed to implement the ICR phase of the act. Mr.
Longoria asked the amount of money that was budgeted for this project, and Mr. Shackelford said
there was $550,000 budgeted this fiscal year and the testing would be rather expensive. He added
that the first phase would last about 18 months. Mr. Longoria said there probably are some local
firms that could bid on at lease part of the project if they teamed up with non -local firms, and Mr.
Shackelford said that was staff's desire.
Council Member Heldenfels said he could understand that there may not be local labs that
are familiar with this project, but he knew of one local firm that was familiar with it. Mr.
Shackelford said staff was not aware of any local firms that had been participating in the program
to the extent that they could design a program to allow the city to begin testing in January 1997.
Council Member Martin said he thought the amount of local participation should be part of
the selection criteria, and he asked that the Council approve the request for proposal. He also asked
for specific information about how this project is budgeted.
Responding to another question from Mr. Martin, Mr. Shackelford said that the Regulation
Negotiating Committee, which is appointed by the Environmental Protection Agency (EPA),
consists of state and local health and regulatory agencies, elected officials, consumer and
1
Minutes
Regular Council Meeting
September 24, 1996
Page 29
environmental groups, and drinking water producers. Mr. Martin said he needed much more
information, adding that he could not believe that every potable water supply in the country will
have to spend $1.5 million to comply with the Safe Drinking Water Act. Mr. Shackelford said
municipalities with populations of 100,000 and above with surface water supplies are affected.
City Manager Hennings agreed that this item constituted an unfunded mandate of the worst
kind. Mr. Crull added that this was an outgrowth of different incidents, including a cryptosporidium
problem in a few U.S. cities. He said the EPA is seeking to establish new rules for safe drinking
water and the committee has determined that the available data is insufficient for them to do so.
A brief discussion ensued, and Mr. Hennings suggested that he withdraw this item and bring
it back at a later date along with a copy of the RFP and the citation of the pertinent regulations. Mr.
Martin asked if the National League of Cities had voiced its opinion about these requirements, and
Mr. Hennings replied that the cities' protests were ignored by Congress and the EPA.
Mayor Rhodes said this item would be postponed.
18. POSTPONED
Colleetie,. Rule (ICR) Phusc of th., ame„dcd S'af., D.i ddng Watcr Act.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 19, Cayo del Oso utility crossing.
Mrs. Dorothy Spann commented on Items 19 and 26, saying that despite many people's
efforts to the contrary, there are many projects that continue to be delayed and changed, including
projects in the Del Mar area. Council Member Martin requested an updated schedule on the Del Mar
area projects.
City Secretary Chapa polled the Council for their votes as follows:
19.a. M96-296
Motion authorizing the City Manager or his designee to execute a Ratification of Agreement
to pay for conduit installation with TCI Cablevision of Texas, Inc. (TCI), compensating the
City in the amount of $50,619.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Minutes
Regular Council Meeting
September 24, 1996
Page 30
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
19.b. ORDINANCE NO. 022701
Ordinance appropriating $50,619 from TCI Cablevision of Texas, Inc. in Water Bond Fund
No. 205 for installation of conduit.
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."
19.c. M96-297
Motion approving Change Order No. 1 to Texas A & M University -Corpus Christi-Cayo del
Oso Utility Crossing Project with King -Isles, Inc. for installation of conduit for TCI in the
amount of $46,697.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 25, homework assistance program.
Council Member Black asked if this program was part of the grant that was awarded to the
"78415" ZIP code area, and Mr. Hennings said it was. Mr. Utter added that the grant was part of a
program that the state established for those ZIP code areas that have high rates of youth crime. He
said the "78415" Steering Committee recognized that the Greenwood Library already served as a
computer learning center, and the $32,379 would allow for the purchase of additional computers and
allow for the hiring of some student tutors to provide homework assistance. He added that the
program would be under the general supervision of the Director of Libraries and the Director of the
Greenwood Library specifically.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
25.a. M96-302
Motion authorizing the City Manager or his designee to execute an agreement with the
Workforce Development Corporation to reimburse the City for a computer center equipment
and student tutor(s) salary in connection with the Homework Computer Center at the
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Regular Council Meeting
September 24, 1996
Page 31
Greenwood Branch Library which will support the prevention and reduction of juvenile
crime in the "78415" ZIP code area.
The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent.
25.b. ORDINANCE NO. 022706
Ordinance appropriating $32,379 from the Workforce Development Corporation for the
"78415" Juvenile Crime Prevention and Reduction grant for a homework computer center
at the Greenwood Branch Library to the No. 162 Federal/State Grants fund.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting
"Aye"; Best absent.
************
*
Mayor Rhodes opened discussion on Item 26, Kostoryz Road improvements.
Council Member Martin said he had several questions on this item, and considering the late
hour, he asked if there was any reason why it could not be postponed, and Mr. Hennings said it could
be postponed.
26.a. POSTPONED
26.b. POSTPONED
* * * * * * * * * * * * *
Minutes
Regular Council Meeting
September 24, 1996
Page 32
Mayor Rhodes called for the City Manager's report. Mr. Hennings said that items scheduled
for the October 8th Council meeting included: the federal courthouse and Gateway Project;
amendment of the operating rules of the cable television public access channel; budget discussions
and possible amendments to the budget. He said no Council meeting was scheduled for October 1.
Mayor Rhodes called for Council concerns and reports.
Council Member Black commented that people were rollar-blading in many downtown areas
and damaging property, as well as making it difficult for pedestrians in that area. Mr. Hennings said
staff would provide a report.
Council Member John Longoria asked about the upcoming appointment to the Port of Corpus
Christi Authority, and Mayor Rhodes said that appointment is always made in October. He also
asked about the consideration to exercise the option of the Garwood water rights. Mr. Hennings said
he thought that issue would have to be discussed during several Council meetings, and the Council
may want to begin that discussion on October 15, 1996.
Council Member Betty Jean Longoria requested more information about code violations that
had been issued to 601 Omaha. She added that traffic has been a problem at the intersection of Old
Brownsville and Cliff Maus/Navigation, and Mr. Hennings said staff would investigate it.
Council Member Best asked for a report concerning a citation that was given to a
photographer for obstructing traffic.
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 7:45 p.m. on September 24, 1996.
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