HomeMy WebLinkAboutMinutes City Council - 10/08/1996T
I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the
Regular Council Meeting of the City of Corpus Christi of October 8, 1996, which were approved
by the City Council on October 15, 1996.
WITNESSETH MY HAND AND SEAL, this 15th day of October, 1996
SEAL
Armando Chapa
City Secretary
MICROFILMED
MINIJTF$
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
October 8, 1996
2 p.m.
PRESENT
Mayor Mary Rhodes
Council Members.
Betty Black
Melody Cooper
Tony Heldenfels*
Betty Jean Longoria
John Longoria
Edward Martin
Dr. David McNichols
ABSENT
Mayor Pro Tem Dr. Jack Best
City Staff:
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 David Lewis, following which the Pledge of
Allegiance to the flag of the United States was led by Council Member John Longoria.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council
and the required charter officers were present to conduct the meeting.
Mayor Rhodes called for approval of the minutes of the regular Council meeting of
September 24, 1996, and there being no corrections, she proclaimed them approved as presented.
The Mayor then opened the public hearing on Item 10 on the day's agenda, zoning case No.
896-2, Johnny O'Neal Jr., which the Council had tabled on September 24, 1996 in order to receive
input from the Navy. She said that Capt. Richard Strickler, NAS -Corpus Christi Commander, had
called her before the Council meeting, saying that he wished to have time to review the proposal.
He asked that it be discussed during the second week of November. Council Member Betty Jean
Longoria made a motion to table this item until November 12, 1996, seconded by Mayor Rhodes,
and passed unanimously.
* * * * * * * * * * * * *
Mayor Rhodes referred to the first presentation, an award given by the Texas Natural
Resource Conservation Commission (TNRCC). Mr. Ted Hazen, representing TNRCC's "Clean
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Regular Council Meeting
October 8, 1996
Page 2
Texas 2000" program, said the state agency has been pleased with Corpus Christi's commitment and
implementation of comprehensive environmental programs to reduce waste, conserve water, and
improve air quality.
*Council Member Heldenfels arrived at the Council meeting at 2:10 p.m.
Mr. Hazen said that the Clean Texas 2000 program, in cooperation with the City of Corpus
Christi, the Recycling Coalition of Texas, and H -E -B Grocery Company, will soon announce a new
environmental public service education initiative in Corpus Christi. He then presented the "Most
Innovative Texas Recycles Day Event Award" to the City of Corpus Christi from Clean Cities 2000.
Ms. Estela Garcia, Waste Reduction Program Manager, accepted the award on behalf of the City.
Council Member Cooper then gave a presentation concerning the Mayor's Task Force on
Youth Violence. She thanked Mr. Ron Pickett, owner of CARisma Carwash, and Ms. Suzanne
Warmack, an account executive with KIII-TV, who were the primary organizers of an event that
raised $5,000 for the task force.
* * * * * * * * * * * * *
Mayor Rhodes referred to the Board and Committee appointments on the day's agenda. She
noted that Ms. Rose Gunji, of the Sister City Committee, and Ms. Barbara Silverman, of the
Municipal Arts Commission, had both met the six-year service limitation and wished to serve as
advisory members on those respective committees; there was consensus among the Council and they
were appointed.
The following appointments were also made:
Building Standards Board
Leroy San Miguel
Museum of Science & History
Mary Longoria (Reappointed)
Kathy Heymann
Donna Speer
Pat Clements
Senior Community Services Adv
Sheril Smith
Committee
Senior Companion Program Adv.
Taylor Benson
Committee
Ethics Commission
Jan Rehler (Reappointed)
Norma Cavazos (Reappointed)
Nan Pillinger (Reappointed)
Port of Corpus Christi Authority
Bernard Paulson
Water Conservation Adv. Committee
Sandra Almanza
Minutes
Regular Council Meeting
October 8, 1996
Page 3
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 3, suspension of water releases.
Mr. James Dodson, Regional Water Director, said the question has arisen why this region
was being asked to take further conservation measures when the reservoir system is at 31% of
capacity. He said there have been many comparisons between the current situation and 1984 --the
last time the region entered into Condition III, when the system capacity was down to about 9%. Mr.
Dodson pointed out that in 1984 the city had just completed construction on the Choke Canyon
Reservoir and it had very little water in it; in addition, the city did not have any experience in
operating Choke Canyon and Lake Corpus Christi together as a system. Subsequently, 15 years of
data and experience have been accumulated and it is clear that some preliminary projections and
assumptions were inaccurate.
Mr. Mike Personett, Director of Local and Regional Assistance from the Texas Water
Development Board, has been the board's representative in the state-wide drought management
activities and coordination. He discussed different characteristics of droughts: typically a region
does not realize it is in a drought until it has experienced it for a few years; and many drought events
end very dramatically with major flood events, such as occurred in 1957, which ended the great
drought of the 1950s. Mr. Personett used graphics to discuss the Palmer Drought Severity Index,
which is a product of the National Weather Service and is used as an indicator of meteorological
drought. He said there are areas in the state where it can be said that the drought is broken, but from
a hydrologic perspective, there are still very serious problems in South Texas particularly, including
the Nueces and Rio Grande systems. He also referred to other graphics to discuss rainfall averages
and surface water storage.
Mayor Rhodes asked if the Corpus Christi region was still in a drought, and Mr. Personett
replied that it definitely was, as well as in a water shortage situation.
Mr. Ken Choffel, Vice President of HDR Engineering in Austin, showed an updated graph
comparing the worst drought of record that previously determined the firm yield of the system
during the 1960s, and the current situation. He noted that during every drought there are intermittent
periods of rainfall, such as occurred in 1963, in which there is some recovery of the system capacity;
however, despite that, the 1960s drought did not end until 1967 with Hurricane Beulah.
Mr. Choffel referred to a graph with projections of the 1990s drought. He said if the inflows
stayed extremely low, the city maintained its conservation program, and it turned on the wells
around Lake Corpus Christi at about 25% of system capacity, then in about one year the water
supply level would be at about 15%; and by the spring of 1998 it could drop to as low as 10%. He
said from a scientific perspective, it would be very irresponsible now to back off from the city's
water conservation efforts. He said the evidence suggests that this drought could last another six
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Regular Council Meeting
October 8, 1996
Page 4
years --the 1950s drought lasted nine years.
Responding to Council Member Cooper, Mr. Choffel said that even though the gross
demands of water usage compared to other years may not be less, the conservation efforts have
definitely saved water, approximately 10% to 15% over what would have been used without
conservation. He emphasized that any conservation measures the city takes are extremely important
in stretching out the water supply.
Council Member Martin questioned how one would measure the amount of water that would
have been used. He said the overwhelming majority of the region's water is not currently subject
to conservation provisions. Mr. Martin said that following the drought of the 1980s, most of the
major water users became very efficient in their usage; as a result, many people have accepted the
premise that an alternative water source needs to be found, since Corpus Christi is below the national
and state averages for water usage.
Mr. Martin asked how long the water supply would be extended if the Council adopted the
action being proposed that day. Mr. Choffel replied that it depends if there is any inflow and how
the lakes are operated, but the estimates are that it will extend the supply by one to three months.
He then referred to the "Hydro -Illogical Cycle," which is a cycle of rain, followed by apathy until
a drought sets in, followed by awareness, concern and panic.
Council Member McNichols said the question was not whether to back off from the current
conservation efforts but rather whether to impose more stringent conservation measures. He noted
that the previous trigger level for water allocations was 11% of capacity, which was recently
amended to 20%.
Mrs. Cooper asked what the projection was for depletion of the water in storage if the trigger
level remained at 20%. Mr. Choffel said the water could be depleted in about two years, and if
rationing were to begin immediately it would extend the water supply by a few months.
City Manager Hennings said that although there had been inflows during the last month,
resulting in a 5% increase in capacity, it would take 14 more months of similar inflows to restore the
lake levels to 100%. He noted that the city operates under an Agreed Order with the TNRCC to
make freshwater releases to the Nueces Estuary, and during their Last meeting, the Council instructed
Mr. Hennings to try to negotiate an amendment to the Agreed Order with regard to the water
releases. He said the negotiation process has begun, and it requires the involvement of the Nueces
Estuary Advisory Council; eventually a proposal will be submitted to the TNRCC for their approval.
Mr. Hennings then referred to a letter from Mr. Dan Pearson, TNRCC Executive Director,
in which he states that if the Council adopts the program on the day's agenda, the city will not have
to make any further releases of water, at least until the reservoir system reaches 40% of capacity.
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Regular Council Meeting
October 8, 1996
Page 5
He said the proposal is to enact a water conservation charge process that would provide a financial
incentive to encourage water conservation. Each customer would be notified of their target
allocation (which is the amount that is set out in the drought contingency plan for water rationing),
and single-family residential customers would be allowed to use that amount plus 2,000 gallons a
month before they would have to pay a conservation charge of $5 per 1,000 gallons each month.
Mr. Hennings said multi -family customers would use a similar approach, while the target
allocations for commercial customers would be based on 85% of last year's usage during the same
month. The target allocation for industrial customers would be 90% of their base usage over the
prior three years. He noted that the water conservation charge would be different for industrial
customers in that they would not be allowed any additional "slack" over the target allocation. Mr.
Hennings also referred to some examples of water conservation charges.
The City Manager said that if the Council approved the proposal, the implementation date
would be November 1, 1996. A meter reading would be taken in November, and the bills that would
contain a conservation charge would first go out around the middle of December. He said if the
Council did not approve the program, the city would have to continue to meet the water release
requirements (including September's requirements), and to continue to negotiate an amendment to
the requirements, which will take some months at best.
Mayor Rhodes said that if the Council agreed to the program, the city would save water in
two ways: by not having to make the water releases, and by conserving more water.
Dr. McNichols said the issue of the water releases has been very emotional from the outset,
but the alternative would be to mandate water rationing immediately. Responding to Dr. McNichols,
Mr. Dodson said that before the Agreed Order was amended, it required that 91,000 acre-feet per
year after credits be released to the estuary; under the new pass-through plan, since January 1, 1996
3,650 acre-feet of water has been released. Dr. McNichols said about 12,000 acre-feet of water is
used per month by all of the region's customers, while evaporation causes losses of between 15,000
acre-feet per month during hot months to 7,000 acre-feet per month in cooler weather. He
questioned whether customers were ready to go to mandatory water rationing to save only 600 or
700 acre-feet per month.
Council Member Heldenfels said the allocations were inequitable, pointing out that 1-2
people would be allocated 6,000 gallons per month, while a household of 5-6 persons would be
allocated only 8,000 gallons. Mr. Dodson said that an analysis of residential water usage in August
1996 showed that 90% of the accounts used less than 15,000 gallons that month. Staff concluded
that the majority of citizens were already trying to conserve water, and the range of allocations
basically encompasses the majority of residential customers. He said the purpose was to target
people who use excessive amounts of water and encourage them to conserve.
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Regular Council Meeting
October 8, 1996
Page 6
Mr. Heldenfels said he felt that another inequity existed in that the industrial customers use
between 48% to 52% of the water, but they are only paying a water conservation charge on average
of $1.08 per 1,000 gallons, while residential customers pay $5 for each 1,000 gallons which exceeds
the customer's target by 2,000 gallons. Mr. Dodson said the surcharge for industrial customers
would be one times the block rate for each 1,000 gallons which exceeds the customer's target by less
than 10%, and two times the block rate for each 1,000 gallons which exceeds the customer's target
by 10% or more.
Mr. Hennings emphasized that the proposal is a financial incentive to encourage water
conservation, but it is not a limitation on how much water a customer can use, as would be the case
when water rationing takes effect. A brief discussion ensued.
Responding to Mrs. Cooper, Mr. Hennings said the city was in Condition III in order to
consider this proposal and to not have to make any further water releases. He said the concept of
a water conservation charge was discussed a few weeks ago but not adopted, and it is now the result
of the city's negotiations with the TNRCC to temporarily stop the releases. Mrs. Cooper said that
she met with Mr. Bruce Moulton of the TNRCC staff and Mr. Jerry Kane, Co -Chairman of the
Regional Water Supply Task Force, and she felt that no negotiations took place, rather, the plan was
dictated by the TNRCC. She also objected to the proposal that businesses such as hers reduce their
consumption by 15%, and she said the plan needed to be further refined before it is enacted.
Mr. Martin asked how the water conservation charge is reconciled with the City Charter's
6% cap. City Attorney Bray replied that the Charter's 6% cap applies to rate for service; given the
circumstances of the adoption of this proposal, it is clearly intended to induce conservation. He said
no one would propose such a program just to raise revenues --it is in direct response to the TNRCC
and it is an exercise of the regulatory power of the city to try to conserve water.
Mr. Martin requested more information conceming the relationships of conservation charges
to the percentages of use over the allocations. Mr. Martin asked which wells were in operation, and
Mr. Hennings replied that the ones below Lake Corpus Christi were operating, and plans have begun
to rehabilitate the Campbellton wells but no contracts for that have been awarded yet. Mr. Martin
said that even though it is not economical to operate those wells, in a water shortage the economics
become less important than providing the product.
Responding to another question from Mr. Martin, Mr. Hennings said much of the work
regarding the conservation charges will be done manually, and Mr. Martin pointed out that there
would be a tremendous cost associated with the project because meter readings would have to be
done one month to the day of the previous reading. He asked if surrounding communities were
aware of the proposal, and Mr. Hennings said staff has not informed them. Mr. Martin said
allocations will be an even more controversial and difficult issue than the water releases. He said
time and energy should be devoted to determining how to finance and build the water pipeline, as
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Regular Council Meeting
October 8, 1996
Page 7
well as concentrate on terminating releases permanently, including incorporating effluent projects.
Mr. Martin also asked about the appeal process, and Mr. Hennings replied that the residential
and commercial customers with special circumstances could appeal to the Water Allocation and
Review Committee. The one change would be that with industrial customers, the City Manager
would make the first allocation decision, and there would be an appeal of that decision to the Water
Allocation Committee. Mr. Martin commented about the fact that this proposal was being
considered as an emergency reading, and Mr. Hennings explained that the TNRCC expected a
decision today on the proposal.
Council Member Black said her definition of water conservation is not to waste water. She
commented about how the charges might effect elderly people who have leaks in their homes, as
well as large families.
Council Member John Longoria said the proposal was intended to stop releases, and if the
Council voted against it, then the releases would continue. He referred to the examples of water
conservation charges, saying that some inequities may exist. He said that after reviewing the
proposal, it becomes more evident the sacrifices people will have to make. Mr. Longoria noted that
the Council had asked staff to negotiate an end to the releases, and this was the result of their
negotiations --now the decision is up to the Council.
Council Member Betty Jean Longoria said many citizens have expressed the concern about
their obligation to conserve water in light of the releases that the city has to make. She said she was
willing to accept the proposal, and she questioned whether the rest of the water customers will follow
suit. Mr. Hennings replied that the city's contractual relationship with them requires them to do so.
Responding to another question from Mrs. Longoria, Mr. Hennings said the revenues from
the conservation charges would be reserved for "research and development of alternative or
expanded water sources, and may also be used for the diversion of additional effluent into the
Nueces River Delta."
Mayor Rhodes commented that she had never heard TNRCC officials assert that Corpus
Christi was not conserving water; rather, they said this region was in a serious situation and citizens
were not doing enough to conserve. She also did not agree with the concern that the public would
be confused about this proposal, although exceptions will need to be made. The Mayor said she felt
there was a difference of opinion among the Council members about the issue facing them. She
hoped the Council and the community would view this not as a difficult choice between allocations
or water releases, but rather to ensure that the region does not run out of water. She added that she
felt this area was in serious trouble with regard to its water supply, and needed to take serious steps
as a whole community. She also agreed that the wells should begin to be readied for operation.
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Regular Council Meeting
October 8, 1996
Page 8
Mr. Bray said that with respect to the appeal process, the proposed ordinance refers the
targets back to the allocation, and a variance procedure would apply to it. Mr. Hennings also
discussed the percentages over the targets.
Mr. Heldenfels said he felt the baseline allocation should be 4,000 or 5,000 gallons rather
than 6,000 gallons per month as proposed.
Dr. McNichols said he felt that rather than begin rehabilitating the wells at this time, the
Water Conservation Advisory Committee should consult with staff on this issue and make a
recommendation. He said there were many factors involved. A brief discussion ensued.
Mayor Rhodes called for comments from the audience.
Mr. Lewis Lovelace, 1549 Casa Grande, agreed with Mr. Martin that the allocations will be
controversial. He questioned what a large water user such as Sam Kane Beef Processors would pay
in conservation charges. He said desalination was a permanent solution to the water supply problem.
Mr. James Gill, 2810 Airline, said citizens do not want the pain of allocations, and it would
result in job losses. He said the Council should continue to look for new sources of water but not
penalize the public.
Mr. Ted Turner said he supported the pipeline, but he did not support the allocation proposal
at this time, unless it was necessary for life and property as it was in 1984. He added that he did not
feel the conservation charge was fair to homeowners, and jobs have already been Lost, including at
Turner's Gardenland, because of the drought. He urged that the wells be tumed on.
Mr. John Hartley disagreed that the region faced a water shortage, saying that effluent
discharge programs should be pursued. Mr. Dodson replied that the city recently received all the
necessary permits to construct the effluent diversion project and the engineering and design work
was being finalized. Dr. McNichols explained that the effluent diversion project involved putting
effluent into the Nueces delta to enhance its productivity and to receive credit against the water
releases; that is a separate issue from diverting effluent across the bay for use in irrigation,
processing or other uses.
Mr. J.E. O'Brien, 4130 Pompano, said he opposed the proposed ordinance for many reasons:
the emergency reading limited public debate; there were inequities in the charges; he questioned the
use of the surcharges; and he disagreed with Mr. Bray's response to the question of the 6% cap.
Mr. Jim Parker, 3054 Twin Creek Dr., said he hoped that negotiations to amend the Agreed
Order would continue despite whatever action was taken during the day's meeting. He said a one-
month to three-month extension was not sufficient for the pain that the allocations would cause, and
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Regular Council Meeting
October 8, 1996
Page 9
he urged the Council to not approve the proposal.
Mr. Glen Johnson, 2010 Flour Bluff Dr., said the Council should consider the needs of the
whole city. He added that he did not like having to answer to the TNRCC.
Mr. Neal Trolinger, 337 Stages Dr., said he could not support the proposed ordinance and
he asked the Council to defeat it. He questioned whether there would be significant channel losses
if the wells are turned on since the ground is saturated now.
Mr. Leon Perez said he thought that the allocations were too high, and he said the TNRCC
should be challenged all the way to the U.S. Supreme Court.
Mr. Phil Rosenstein said the public was confused by the Council's actions. He said he
opposed water rationing because it ignored the recommendation of the Water Conservation Advisory
Committee. He also challenged Dr. McNichols' statements concerning the amount of water that is
lost to evaporation. Dr. McNichols reiterated that the amount was 180,000 acre-feet, and he objected
to Mr. Rosenstein's accusation that the Council was disseminating misinformation.
Mr. Tom Curlee, who represented the Board of Trade/Port of Corpus Christi, said they
supported the proposed ordinance and recognized that the Council had to make a difficult decision.
He said there were other important issues that needed to be dealt with, such as the pipeline.
Mr. Herman Johnson, 933 Airline, said he felt that continuing to release water may be the
best option at this time. He urged the Council to continue with the pipeline project and alternate
water sources.
Mr. Norman Renfro, with Valero Refining Company, said Valero recommended the passage
of the ordinance because conservation makes sense, and history has shown that the combined lake
levels have decreased by as much as 25% in one year.
Mr. R.F. Hasker, 1813 Wallace, said this issue was very confused. He questioned the
operation of the wells and the level of salinity in the bay.
Mr. John Moon, President of American Chrome and Chemicals, said they support the
ordinance because conservation efforts needed to be taken now to extend the area's water supply.
Ms. Jennifer Prouty, a faculty member in the sciences at Texas A&M University -Corpus
Christi, commented on the unpredictability of droughts, and said that the sacrifices that would be
required are necessary in light of the serious water shortage at hand.
Mr. Ray Johnson, 933 Airline, said he was concerned about the charges to residential and
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Regular Council Meeting
October 8, 1996
Page 10
commercial customers that would result in fewer and fewer people being able to afford landscaped
homes and businesses. He said the proposal should be defeated and an alternative sought.
Ms. Arnette Clark, 6506 Sahara, said she and her husband own Evergreen Irrigation. She
noted that the TNRCC is the regulatory body for irrigators, and she said they were playing "Russian
roulette" with the future of the area's irrigators, landscapers, nurserymen and growers.
Mr. Rey Madrigal suggested that those people who do conserve water be rewarded for their
efforts.
Responding to Mayor Rhodes, Mr. Hennings described Mr. Moulton's suggestion of making
the increases based on 1,000 gallons per person. The Mayor made a motion to change the allotments
in that way, seconded by Mr. Heldenfels.
Mr. Martin questioned how that change would affect apartments. Mr. Hennings said that a
1-2 person household would still be allotted 6,000 gallons per month; followed by 7,000 gallons for
three people; 8,000 for four; 9,000 for five; 10,000 for six; and so on. The Mayor's motion to amend
failed.
Mrs. Cooper said she would support the proposal if she thought that it would save a
substantial amount of water, but she did not believe that would be the case. She also expressed
frustration concerning the TNRCC's proposals, saying that the 20% trigger level for water rationing
should remain in effect.
Mrs. Black said she agreed with Mr. Johnson about doing what is best for the whole
community.
Mr. Martin said that the TNRCC was not trying to run the city's operations, and he said that
the city has not yet taken the types of conservation steps that can be taken prior to allocations. He
said he did not think this situation changed the city's relationship with the TNRCC with regard to
pending permits on other issues.
City Secretary Chapa polled the Council for their votes as follows:
3. FAILED
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Regular Council Meeting
October 8, 1996
Page 11
The foregoing ordinance failed to pass by the following vote: Rhodes, Black, B. Longoria,
and J. Longoria voting "Aye"; Cooper, Heldenfels, Martin, and McNichols voting "No";
Best absent.
* * * * * * * * * * * * *
Mayor Rhodes called for a 10 -minute recess.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion of Item 4, cost of water services study.
City Manager Hennings pointed out that this issue had been discussed at the previous
Council meeting on September 24, 1996. He said it involves "passing through" the actual cost of
raw water; i.e., every customer would pay the same amount for each gallon of raw water. He said
this would allow staff to make the adjustments in the actual cost on a monthly basis, and some
fluctuations are expected depending on how much the pipeline is operated after it is built.
Mr. Hennings said the current cost of raw water is 25¢ per 1,000 gallons, which is the cost
of operating Choke Canyon Reservoir and Lake Corpus Christi, paying the debt and maintenance
on those facilities, and delivering the water to the pool at the Stevens Treatment Plant in Calallen
behind the salt water diversion dam. He referred to a chart indicating the costs for future projects,
including the Lake Texana and Garwood pipelines, which would result in a total of 75.07¢ per 1,000
gallons.
Responding to Council Member Martin, Mr. Hennings said the cost to purchase the Lake
Texana water is included in the 250 raw water cost. Mr. Martin said staff may want to break out that
cost since the Lake Texana water is a new water source. He said what should also be illustrated is
the cost of the Garwood-Texana water, which will be over $1 per 1,000 gallons; however, when that
cost is blended into the existing system, it results in a 500 net increase.
Mr. Hennings then pointed out that using the raw water pass-through approach would not
result in any new costs. For example, the average inside -city -limits (ICL) one -family residental
charge for 6,000 gallons of water would be as follows: minimum charge of $4.58, plus treatment and
distribution for $6.38, plus raw water for $1.50, which equals a total monthly charge of $12.46. He
reiterated that the portion of the bill that is attributed to raw water is relatively small for residential
customers.
Mr. Hennings referred to a chart showing the current and future costs for a residential
customer using 6,000 gallons and one using 12,000 gallons. He noted that the customer who
currently pays $12.46 for 6,000 gallons will, under this scenario, pay $15.48 when the Garwood and
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Regular Council Meeting
October 8, 1996
Page 12
Texana pipeline costs are added (this includes a raw water cost of $4.52). The residential customer
currently paying $24.33 for 12,000 gallons will pay $30.37 (with a raw water cost of $9.04).
The City Manager said staff will discuss alternatives on the current block rate structures, the
undercharge for raw water customers, and the establishment of a new industrial rate class for large
process water users.
Council Member McNichols reiterated that when the costs for the Texana and Garwood
pipelines are actually phased in, they would result in an increase to the average residential customer
of only $3 per month.
Mr. Martin suggested that the cost of service study contain only two categories: treatment)
distribution and raw water. He also questioned whether the increasing block rate took effect at those
low levels of usage illustrated. He said the portion of raw water costs for raw water customers should
be based upon the actual debt service, which may be another undercharge that was not included in
the study.
Responding to Council Member Heldenfels, Mr. Hennings explained that the example of the
current 6,000 -gallon residential customer's raw water cost of $1.50 was derived from 25¢ times six.
* * * * * * * * * *
*
**
Mayor Rhodes opened discussion on Item 5, consideration of an appeal by Martin and Pam
Anguiano of the Building Standards Board decision requiring demolition of a building at 645
Mohawk.
Mr. Tom Utter, Assistant City Manager for Development Services, distributed a list of
estimated expenses submitted by the Anguianos to rehabilitate the structures on Mohawk, as well
as a letter from Mr. Jerry Outterson, who was opposed to the Anguianos' appeal and who felt that
the buildings should be demolished. Mr. Utter said the estimates submitted by the Anguianos totaled
almost $38,000 for the repairs, but it was staff's conclusion that they underestimated the cost by
$10,000. He said they also asked for six months to bring the units up to code.
Responding to Mayor Rhodes, Mr. Utter said staff did not believe the units could be
rehabilitated in six months, and they continued to recommend demolition. He said they also
determined there is a renter or a squatter on the property, and if the Council voted to allow the
Anguianos time to repair the buildings, it should be with the condition that the person there now be
required to move immediately and no one be allowed to occupy the property until it is brought up
to standard.
The Mayor said she was willing to give the Anguianos time to repair the buildings since they
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Regular Council Meeting
October 8, 1996
Page 13
just purchased the property and had not had the opportunity to do so. She asked if the Anguianos
were renting the property to anyone.
Mrs. Pam Anguiano replied that they were not collecting any money, and there was a woman
staying there illegally and she had not been able to force her to leave.
Mayor Rhodes made a motion to overturn the Building Standards Board's decision and
allowing Mr. and Mrs. Anguiano six months to bring the property up to code, with the understanding
that no one would be able to live there. The motion was seconded by Council Member Cooper.
Mayor Rhodes called for comments from the audience.
Ms. Jo Ann Gomez, 651 Mohawk, complained that this case had come before the Building
Standards Board twice before and both times it voted to have the buildings in question demolished.
She also said that a woman had been living there whom the Anguianos knew about, and Mayor
Rhodes assured the speaker that the woman would be forced to leave the premises.
Another citizen said she had been living on Mohawk Street for many years, and she asked
that the Council uphold the demolition order. She added that the Anguianos have cleaned the
property but have left the trash sitting next to the street, and it will not be hauled away since there
are no utilities at that property.
Council Member Martin said the property should be demolished. He added that if the
Council voted to allow the Anguianos six months to make the repairs, the person currently living
there should be required to be out in one week and the owners should be required to obtain a building
permit in 30 days; if not, the demolition should take place.
Mr. Utter suggested some conditions that could be included, such as requiring that
reconstruction begin in 30 days. He added that staff could assist the Anguianos in the process of
removing the person living there, but ultimately it was their responsibility to do so.
Council Member Betty Jean Longoria said she felt the Council had an obligation to the
neighborhood. Initially she was opposed to letting the Anguianos rehabilitate the property, but she
was willing to let them do so with the conditions included.
Council Member Black asked if the Anguianos were aware of the actions --including the
demolition order --that had taken place regarding this property before they purchased it, and Mrs.
Anguiano said the previous owner had not informed them. Mrs. Black echoed Mrs. Longoria's
comment that the Council's responsibility was to the community and this case has dragged on far
too long.
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October 8, 1996
Page 14
Responding to Mr. Martin, Mr. Utter explained that if the conditions were not met, staff
would be authorized to demolish the property. Mr. Martin asked Mr. Bray if that was legal, and Mr.
Bray said it was legal.
In reply to Council Member John Longoria, Mr. Utter described the process for obtaining a
building permit. Upon verification from Mr. Utter, Mr. Longoria pointed out that if the Anguianos
obtained the building permit and began reconstruction in 30 days, the city could not take any action
until the six-month time period had elapsed.
City Secretary Chapa called for a vote on Mayor Rhodes' motion, and it failed to pass by the
following vote: Rhodes, Cooper, B. Longoria, and McNichols voting "Aye"; Black, Heldenfels, J.
Longoria, and Martin voting "No"; Best absent.
Mayor Rhodes explained to Mrs. Anguiano that since the vote was 4-4, it failed to pass,
which she stated would result in upholding the Building Standards Board's decision to demolish the
property.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 6, public access channel violations.
City Manager Hennings explained that the city's franchise agreement with TCI Cablevision
requires them to carry a public access channel, and the city has an ordinance that govems how that
channel is used, including prohibiting commercial advertising. He said that the program sponsored
by the Corpus Christi Coffee Club was found to have had advertising in violation of the rules, and
TCI suspended them. The suspension was held in abeyance while the Coffee Club appealed to the
Cable Commission, which recommended to the Council that they uphold the decision. The Council
instructed the Cable Commission to review the rules and consider whether there ought to be a
provision to issue a letter of warning.
Mr. Hennings said the present rules contain a "two strikes and out" provision --on the first
offense there is a provision for a 10 -day suspension, and the second offense results in an indefinite
suspension. He said the Cable Commission recommended amending the ordinance so that the first
violation would result in a warning letter, the second violation would result in a 30 -day suspension,
and the third violation would result in a 1 -year suspension. This conclusion was reached after
several meetings with the staff and the Public Access Users Group (PAUG), which had a different
recommendation.
Mr. Hennings said if the Council adopted the amendment proposed by the Cable
Commission, then staff would recommend that they dispose of the Coffee Club case by upholding
the decision of the Cable Communications Commission --that would constitute the first violation for
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Page 15
the Coffee Club and would require staff to issue them a letter of warning.
Mayor Rhodes called for comments from the audience.
Mr. Rey Madrigal, 3002 Churchill, said the Coffee Club still maintains that they did not
violate the rules, and he asked the Council to consider removing the allegations against them.
Mr. Armando Flores, one of the founders of the Coffee Club, said there a misunderstanding
regarding the incidents in question, which he explained. He said this was a frivolous complaint
against a program that offers a public service to the community.
Mr. David Noyola said the Coffee Club members were not willing to accept that they had
done anything wrong --even in the form of a warning letter. He said someone should be willing to
screen the tapes before they are aired on TCI to check for possible rules violations. He added that
Mr. Madrigal invested in an editing machine for the tapes.
Mr. Henry Kosling, 949 Airline, said he represented the Coffee Club in this appeal. He said
the Coffee Club was a community service organization and does not endorse any candidates or
products. He briefly discussed the incident in which the violations were said to have occurred, and
disputed the findings of the Cable Commission.
Mr. George Balli, 2826 West Mount and President of PAUG, pointed out that what sparked
this controversy was the "Race and Reason" program that had aired on the public access channel.
He said his cable program was the first one to be suspended for violating the rules, and he and other
members of PAUG consequently worked with others to recommend amendments to the rules.
Council Member Martin said the Council should adopt the amendments and start fresh. He
said the Coffee Club may or may not have committed a technical violation, adding that the context
in which the remarks were made should be considered.
Council Member Betty Jean Longoria said she supported the amendments and the Coffee
Club should be allowed to start with a clean slate.
Responding to Council Member John Longoria, Mr. Bray said under the new rules the third
violation would have to occur 12 months from the first violation. Mr. Longoria added that because
of the nature of the Coffee Club's program, Mr. Madrigal does not have any control over the
comments made by the audience.
City Secretary Chapa polled the Council for their votes as follows:
r
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Regular Council Meeting
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Page 16
6.a. ORDINANCE NO. 022711
Ordinance amending the Corpus Christi Code of Ordinances, Chapter 2, Administration, to
amend operating rules of the cable television public access channel to define violations of
the rules; specifying civil penalties for such violations; providing for severability; providing
for publication.
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 said that with regard to the Coffee Club case, there was consensus among the
Council members that they should be given a clean slate. However, she said, even though the
audience may be difficult to control, she pointed out that the program is not aired live and comments
that violate the rules should be edited out.
The Mayor then made a motion to grant the appeal by the Corpus Christi Coffee Club,
thereby denying the decision of the Corpus Christi Cable Communication Commission; seconded
by Mr. Martin. She called for a voice vote on the motion, and it passed unanimously. (M96-316)
* * * * * * * * * *
*
**
Mayor Rhodes opened discussion on Item 7, FY 96-97 adopted budget corrections.
City Manager Hennings said that when the Council adopted the budget as staff recommended
in July, staff did not realize they had made a mathematical error in totaling the General Fund ending
balance in the current budget year, as well as mathematical errors in the Utility System Debt Service
Fund. He said staff reported those errors to the Council when they discovered them in August.
Mr. Hennings said this item was a review of the effect of those errors, as well as information
from the preliminary results of the annual audit, which indicate that the expenditure level in the
General Fund exceeded what staff estimated it would by $856,000 in the Police Department. As a
result, staff is projecting that the ending fund balance for the General Fund is going to be $1.2
million, whereas when the budget was adopted in July, staff believed it would be $2.3 million. He
said this was a concern due to the information they had received from the rating agencies, who had
specifically asked the city to take steps to build the General Fund balance back to its historical level.
He said staff thought that when the budget was adopted they had accomplished two things:
narrowed the gap between revenues and expenditures; and built the ending balance back to the $2.3
million level. He said the mathematical errors had no effect on narrowing the gap; however, the
resulting ending balance of $1.2 million, while an improvement, was not as high as staff had thought
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Page 17
it would be. Consequently, staff has investigated options to push the General Fund ending balance
back up to a desired level, which he described.
Mr. Hennings said one option was to amend the budget and appropriate the annual $200,000
payment to the Art Museum of South Texas from the Tourist and Convention Fund instead of from
the General Fund, as it was traditionally appropriated. He said during the budget preparations, all
of the city's departments except Police and Fire had made reductions, and staff was now
investigating ways to make reductions there. One consideration was to postpone the academies of
those departments until next year, which both Police Chief Alvarez and Fire Chief Adame opposed.
Instead, Chief Alvarez has observed that the Police Academy might not get 20 qualified applicants
for the Police Academy, and if 15 are budgeted for instead, that would save $81,000. Mr. Hennings
said the Fire Academy could be postponed until January 6, 1997 without affecting the work that has
been done on recruiting, testing and preparing applicants; that postponement would result in a
savings of $256,000.
The City Manager said the net result of those changes would improve the city's case with
regard to the rating agencies: the deficit between revenues and expenditures would be eliminated and
there would actually be a surplus of revenues over expenditures of $219,000; and the ending fund
balance in the General Fund would be rebuilt to about $1.8 million.
Council Member Heldenfels said one of the basic services that a city provides is fire and
police protection, and he did not think the Council should adopt staff's recommendations except the
change in the Art Museum appropriation. He also asked about the source of the excess expenditures
in the Police Department. Mr. Hennings replied that staff had asked the Police Department to reduce
their budget by 3% in January, but they were not able to do so. Also, staff had estimated the attrition
rate based on historical numbers, but the resulting attrition rate was not as high as estimated, thereby
causing the payroll to be higher; and staff had not budgeted enough money to cover the cost of the
new police union contracts.
Council Member Martin said that the budget projections are constantly updated, and he
questioned why the Budget Office had not made these adjustments prior to adoption of the budget.
He said the Budget Office knew this was happening when the budget was being prepared, and
someone chose not to present that information. He asked staff to investigate why this was not
reported, and he questioned if it was an attempt to deliberately keep the budget in balance.
Mr. Martin asked how this mistake was discovered, and Mr. Hennings replied that it was
discovered during the review of the year-end numbers by the Budget Office. Mr. Martin also asked
if the auditors had provided preliminary figures so there will not be more adjustments in the future,
and Mr. Hennings replied affirmatively. Mr. Martin requested the amount of the actual FY 95-96
fund balance, and he asked if the $200,000 would qualify as an arts expenditure, and Mr. Hennings
said it would.
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October 8, 1996
Page 18
Mr. Heldenfels said that if the Police Academy has 20 qualified applicants then the city
should fund all 20; he added that Corpus Christi is below the national average in numbers of police
officers per 1,000 people.
Mayor Rhodes called for comments from the audience.
Mr. Neal Trolinger, 337 Stages Dr., expressed concern about the proposal conceming the Art
Museum appropriation. He read from the Hotel/Motel occupancy tax code, Sec. 351.103 of the
Texas Civil Code. He said that code states that at least 50% of hotel occupancy tax revenue
collected by a municipality with a population of 200,000 or greater must be allocated for purposes
provided in 351.101(a)(3), which he described, including the promotion of tourism. He asked if that
provision was being met.
City Attorney Bray replied that the city pays to the Greater Corpus Christi Business Alliance
for that basic use about $1.9 million. He said the provision which authorizes this particular
expenditure is Subdivision 4 of 351.101, the encouragement, promotion, improvement and
application of the arts. He said up to 15% of the hotel/motel monies can be spent for that purpose,
and with this expenditure, it will still be less than 15%.
City Secretary Chapa polled the Council for their votes as follows:
7. ORIMIAIST.CEN_a_022a2
Ordinance amending the Fiscal Year 1996-97 Budget, adopted by Ordinance No. 022643,
by appropriating $200,000 from the Unreserved Fund Balance in Fund No. 103 Tourist &
Convention Fund; and decreasing General Fund appropriations by $537,000.
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 8, a public hearing concerning Crosswinds Estates.
Mayor Rhodes called for comments from the audience, and there were none. Council
Member Heldenfels 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:
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Regular Council Meeting
October 8, 1996
Page 19
8. FIRST READING ORDINANCE
Closing and abandoning a 0.90 acre portion of a 40 -foot wide undeveloped street right-of-
way located along Lots 28 & 29, Section 21, and Lots 4 & 5, Section 22, Flour Bluff and
Encinal Farm and Gardens tracts in order to facilitate development of the Crosswinds Estates
subdivision; subject to compliance with the specified conditions; and replatting the property
at owner's expense.
The foregoing ordinance passed on first reading 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 9, a public hearing regarding an amendment to the
Master Sanitary Sewer Plan for the southern area of Corpus Christi.
Mayor Rhodes called for comments from the audience, and there were none. Council
Member Martin 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:
9. FIRST READING ORDINANCE
Amending the City of Corpus Christi Comprehensive Plan by amending the Master Sanitary
Sewer Plan for the southern area of the City by adding 154 acres to Southside Service Area
9; deleting 122 acres from Southside Service Area 8; deleting 32 acres from Southside
Service Area 10; and increasing the ultimate service capacity of Lift Station (LS) No. 39A,
from 3.5 million gallons per day (MGD) to 5.0 MGD.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best
absent.
* * * * * * * * * * * * *
Mayor Rhodes reiterated that Item 10 was being postponed until November 12, 1996.
10. 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,
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October 8, 1996
Page 20
Section 51, Lots 20, 29, and 30, located on the south side of Yorktown Boulevard, between
Flour Bluff Drive and Waldron Road.
POSTPONED
Lots 20, 29, ab,d 30, from "F R" Far.,, Rural Dist tet to "RE" R.,s:dei,tial Estate Dist iet,
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the following zoning cases:
11.a. Case No. 896-3. Hulings Realty Ltd • A change of zoning from an "R -1B" One -family
Dwelling District and `B-1" Neighborhood Business District to a "B-3" Business District on
Woodlawn Estates Unit 1, Block 1, south 90 feet of Lot 2 and all of Lots 3 through 12, and
Flour Bluff and Encinal Farm and Garden Tracts, Section 18, south 8.47 acres out of the
north 11.16 acres out of Lots 3 and 4, located along the east side of Daly Drive between
McArdle Road and South Padre Island Drive.
Mayor Rhodes said the Planning Commission and staff recommended approval on Item 11.a.
11.b. Case No. 996-1. Hulings Realty. Ltd: A change of zoning from an "R -1B" One -family
Dwelling District to a "B-3" Business District on Woodlawn Estates Unit 1, Block 1, Lot 1
and north 10 feet of Lot 2, and Flour Bluff and Encinal Farm and Garden Tracts, Section 18,
north 2.69 acres out of Lots 3 and 4, located along the south side of McArdle Road, east of
Daly Drive.
Mr. Michael Gunning, Senior Planner, explained that Case No. 896-3 (Item 11.a.) is a 13.43
acre tract of property that runs north -south basically along the east side of Daly Drive, and then
extends about 1,300 feet back to the east and is located directly behind existing property zoned `B-
4." He said Case No. 996-1 (Item 11.b.) is the property that is zoned "R -1B" located along the
McArdle Road frontage. He said the applicant was requesting "B-3" zoning on both properties with
the understanding that a special permit be recommended on the second case to allow for a 100 -foot
buffer area. He then showed the video of the subject property.
Mayor Rhodes called for comments from the audience.
Mrs. Nan Pillinger, 6606 Clarion Dr., said that a year ago the Pharaoh Valley Neighborhood
Association agreed to let the property along the portion of South Padre Island Drive adjacent to their
1
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October 8, 1996
Page 21
neighborhood be zoned `B-4," but 400 feet fronting on McArdle would be retained as residential.
She said the neighbors were concerned that this project was so large that it had the potential to
seriously alter the aesthetics of their neighborhood.
Mayor Rhodes pointed out that the special permit has eight conditions, and she asked Mrs.
Pillinger if she was in favor of those conditions. After a brief discussion, Council Member Martin
suggested that the applicant be allowed to present his alternative proposal.
Mr. Mark Hulings, 4743 Ocean Dr., introduced Mr. Robert Gignac, a landscape architect.
Mr. Hulings said they agreed to the conditions of the special permit with the exception of the 30 -foot
set -back. He asked the Council to consider approving an alternative landscaping proposal. Mayor
Rhodes asked if the neighbors agreed with the proposal, and he said he thought they liked the plan,
but there was some confusion because the alternative landscaping involved a staggered fence that
was not set back 30 feet throughout (the minimum set back was 10 feet in some places), but which
he felt was a superior landscaping plan.
Mr. Gignac described the landscaping plan in detail and distributed copies of it to the
Council.
Mr. Barry Pillinger, 6606 Clarion, said the applicants had been very cooperative with the
members of the neighborhood association. He said he would prefer to see a greater set -back than
the minimum 10 feet as described, and he suggested that the 10 -foot sections be decreased in length
and the 20 -foot sections be increased in length.
Mr. Martin made a motion to amend the fourth condition of the special permit for Case No.
996-1 concerning landscaping of the parking lot to provide for a staggered landscaping plan as
presented with an average set -back of 20 feet; seconded by Mr. Heldenfels, and passed unanimously.
Mr. Martin then made a motion to close the public hearing, seconded by Mr. Heldenfels, and
passed unanimously.
City Secretary Chapa polled the Council for their votes as follows:
11.a. ORDINANCE NO. 022713
Amending the Zoning Ordinance upon application by Hulings Realty, Ltd., by changing the
Zoning Map in reference to Woodlawn Estates Unit 1, Block 1, south 90 feet of Lot 2 and
all of Lots 3 through 12, and Flour Bluff and Encinal Farm and Garden Tracts, Section 18,
south 8.47 acres out of the north 11.16 acres out of Lots 3 and 4, from "R -1B" One -family
Dwelling District and "B-1" Neighborhood Business District to "B-3" Business District;
providing for publication.
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October 8, 1996
Page 22
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; Best
and McNichols absent.
11.b. ORDINANCE NO. 022714
Amending the Zoning Ordinance upon application by Hulings Realty, Ltd., by granting a
Special Council Permit for a parking area associated with the adjacent auto dealership subject
to a site plan and eight (8) conditions, on Woodlawn Estates, Unit 1, Block 1, Lot 1 and
north 10 feet of Lot 2, and Flour Bluff and Encinal Farm and Garden Tracts, Section 18,
north 2.69 acres out of Lots 3 and 4; providing for publication.
An emergency was declared and the foregoing ordinance passed, as amended, by the
following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin
voting "Aye"; Best and McNichols absent.
* * * * * * * * * * * * *
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 12 through 28, and Council Members requested that
Items 13, 21 and 23 be withheld for discussion.
City Secretary Chapa polled the Council for their votes and the following were passed:
12. RESOLUTION NO 022715
Resolution confirming the appointment by the City Council pursuant to the City Charter,
Article III, Sec. 1, of Bill Hennings as City Manager.
The foregoing resolution passed by the following vote: Rhodes, Black, Cooper, Heldenfels,
J. Longoria, and Martin voting "Aye"; Best, B. Longoria, and McNichols absent.
14. M96-304
Motion approving the purchase of two GIS computer workstations in accordance with Bid
Invitation No. BI -0014-97 from Integrated Computer Systems, Fort Worth, on the basis of
low bid of $31,907. The computer equipment will be used by the Gas Department and
Engineering Services and is budgeted in the 1996-97 Capital Outlay.
The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B.
Longoria, J. Longoria, And Martin voting "Aye"; Best, B. Longoria, and McNichols absent.
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Page 23
15. M96-305
Motion approving the purchase of 1,000 gallons of Malathion from Cheminova, Wayne,
New Jersey, for a total of $22,200 based on sole source. This chemical will be used by
Health Department's Vector Control for control of mosquitos. Funds have been budgeted
in FY 96-97.
The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, J.
Longoria, and Martin voting "Aye"; Best, B. Longoria, and McNichols absent.
16. M96-306
Motion approving a supply agreement for approximately 16,834 tons of flexible base caliche
in accordance with Bid Invitation No. BI -0213-96 with Love Enterprises, Robstown, Texas
based on low bid of $100,856.50. The term of the contract will be twelve months with
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. This material will be used by the Street and
Utility departments. Funds have been budgeted in FY 96-97 by using departments.
The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, J.
Longoria, and Martin voting "Aye"; Best, B. Longoria, and McNichols absent.
17. M96-307
Motion to award a contract in the amount of $226,186.60 to Manhattan Environmental, Inc.
for the J.C. Elliott Landfill Expansion Sector 6 Liner Improvements.
The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, J.
Longoria, and Martin voting "Aye"; Best, B. Longoria, and McNichols absent.
18. M96-308
Motion awarding a contract in the amount of $143,852 to ECS Construction for ADA
modifications at seven (7) City -owned facilities to bring high use City -owned facilities into
compliance with the Americans with Disabilities Act (ADA) and Article 9102 of the Texas
Civil Statutes, Elimination of Architectural Barriers Program.
The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, J.
Longoria, and Martin voting "Aye"; Best, B. Longoria, and McNichols absent.
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19. M96-309
Motion awarding a contract in the amount of $19,475 to Metro Electric Service, Inc. for
construction of the new Northwest Senior Center Parking Lot Lighting.
The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, J.
Longoria, and Martin voting "Aye"; Best, B. Longoria, and McNichols absent.
20. M96-310
Motion approving the application by the Downtown Management District for closing the
following street sections for the Third Annual "Antiques by the Bay" event on October 19-
20, 1996:
a. 300 and 400 blocks of Chaparral Street to be closed beginning 5:30 p.m., Friday,
October 18 thru 6:00 a.m. Monday, October 21, 1996.
b. 300 and 400 blocks of Lawrence Street to be closed beginning 1:00 p.m., Saturday,
October 19 thru 6:00 a.m. Monday, October 21, 1996.
The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, J.
Longoria, and Martin voting "Aye"; Best, B. Longoria, and McNichols absent.
22. M96-312
Motion authorizing the City Manager to execute an employment agreement with the law firm
of Hunt, Hermanson, McKibben and English to represent the City in Hal Suter et al v. The
Corpus Christi Bay Area Business Alliance et al, at an hourly rate of $125, not to exceed
$25,000.
The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, J.
Longoria, and Martin voting "Aye"; Best, B. Longoria, and McNichols absent.
24.a. M96-315
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$18,907 from the Texas Department of Transportation for the continued operation of the
SPEED Selective Traffic Enforcement Project (STEP) and to execute all related documents.
The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, J.
Longoria, and Martin voting "Aye"; Best, B. Longoria, and McNichols absent.
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October 8, 1996
Page 25
24.b. ORDINANCE NO. 022716
Ordinance appropriating $18,907 from the Texas Department of Transportation for the
continued operation of the SPEED Selective Traffic Enforcement Project (STEP) in the No.
162, State and Federal Grant Fund.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Black, Cooper, Heldenfels, J. Longoria, and Martin voting "Aye"; Best, B.
Longoria, and McNichols absent.
25. FIRST READING ORDINANCE
Authorizing the City Manager, or his designee, to execute a 10 -year Use Privilege
Agreement with Padre Soccer League for 25.76 acres at Bill Witt Park for a youth soccer
program.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Black,
Cooper, Heldenfels, J. Longoria, and Martin voting "Aye"; Best, B. Longoria, and
McNichols absent.
26. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute approximately a five-year lease
ending December 31, 2001 with Continental 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, Black,
Cooper, Heldenfels, J. Longoria, and Martin voting "Aye"; Best, B. Longoria, and
McNichols absent.
27. FIRST READING ORDINANCE
Amending the Code of Ordinances, Section 2-217, Membership, by changing the age limit
from eighteen (18) to twenty-one (21) years to sixteen (16) to twenty-one (21) years at time
of appointment.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Black,
Cooper, Heldenfels, J. Longoria, and Martin voting "Aye"; Best, B. Longoria, and
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October 8, 1996
Page 26
McNichols absent.
28. ORDINANCE NO. 022717
Closing and abandoning a 70 -square foot area of a 7 '/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 second reading by the following vote: Rhodes, Black,
Cooper, Heldenfels, J. Longoria, and Martin voting "Aye"; Best, B. Longoria, and
McNichols absent.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 13, Texas Municipal Retirement System (TMRS).
Replying to Council Member Heldenfels, Mr. Hennings explained that the city was taking
advantage of the opportunity in the TMRS Act to adopt updated service credits and to increase the
annuities for employees already retired. He said the effect was to keep the pension plan for city
employees (except fire fighters, who have their own pension plan) up to date. He said a retiree's
pension check would increase by just 40% of the change in the annual Consumer Price Index, which
is some offset for inflation.
Mr. Heldenfels questioned the description of the TMRS retirement plan, which includes the
provision of the city contribution match of 2 -to -1. Council Member Martin pointed out the pension
plan was actuarially determined. Upon verification by Mr. Hennings, Mr. Martin said that this year
the city was contributing 11.39% and the employee was contributing 5%, and the cost was more than
2 -to -1. He said basically 7% of that is the normal cost --the rest is for prior service credits, etc. Mr.
Martin added that the employee does not own the money the city contributes; after 10 years he is
entitled to a pension from the fund and this was not an individual retirement system. A brief
discussion ensued.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
13. FIRST READING ORDINANCE
Authorizing and allowing under the Act governing the Texas Municipal Retirement System,
"Updated Service Credits" in said System for service performed by qualifying members of
such System who presently are in the employment of the City of Corpus Christi; providing
for increased prior and current service annuities for retirees and beneficiaries of deceased
Minutes
Regular Council Meeting
October 8, 1996
Page 27
retirees of the City; establishing an effective date for such actions; and providing for
severance.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Black,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best and Cooper
absent.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 21, Safe Drinking Water Act information
collection.
Council Member Martin asked Mr. R.H. Shackelford, Director of Engineering Services, if
he was convinced that this action was necessary, and Mr. Shackelford said he was. Mr. Martin asked
if credit would be given to local participatory factors as part of the judgment on the contract, and he
asked if the lab services were protected under the state bidding laws. Mr. Shackelford said he did
not think the lab services were protected. Mr. Martin said he hoped that rates would be available,
and Mr. Shackelford said staff had seen rates on different types of tests. He added that three local
labs had indicated interest in participating in this project and working toward becoming qualified.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
21. M96-311
Motion authorizing Staff to waive the 75% local participation rule in soliciting proposals
from consultants for those professional services required to implement the Information
Collection Rule (ICR) Phase of the amended Safe Drinking Water Act.
The foregoing motion passed by the following vote: Rhodes, Black, Heldenfels, B. Longoria,
J. Longoria, Martin, and McNichols voting "Aye"; Best and Cooper absent.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 23, COPS MORE grant application.
Responding to Council Member Martin, City Manager Hennings said this was a different
grant than one that was discussed a few months ago. Police Chief Alvarez said the other grant has
not yet been authorized, but a response was expected this week. Mr. Martin asked what the city's
match was under the other grant, and the Chief said he thought it was $57,000. Mr. Martin asked
if this grant would complete the project, and Mr. Hennings said it would.
Minutes
Regular Council Meeting
October 8, 1996
Page 28
In reply to another question from Mr. Martin, Chief Alvarez said the grant application for
about $1.6 million cannot be spent for sworn personnel. Mr. Martin asked if the city's match of
$400,500 could come from drug funds, and Mr. Hennings said it could.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
23.a. M96-313
Motion approving the submission of a grant application in the amount of $1,602,000 to the
U. S. Department of Justice, Office of Community Oriented Policing Services for funding
available under the COPS MORE '96 program. The 25% matching costs to the City will be
$400,500.
The foregoing motion passed by the following vote: Rhodes, Black, Heldenfels, B. Longoria,
J. Longoria, Martin, and McNichols voting "Aye"; Best and Cooper absent.
23.b. M96-314
Motion authorizing the City Manager to increase the amount of the grant application to
$2,663,000 with the City's 25% match remaining at $400,500, if Nueces County chooses to
participate in this grant application. The County's matching cost will be $265,250.
The foregoing motion passed by the following vote: Rhodes, Black, Heldenfels, B. Longoria,
J. Longoria, Martin, and McNichols voting "Aye"; Best and Cooper absent.
Mayor Rhodes said she was just informed that October 9, 1996 was an Ozone Action Day.
* * * * * * * * * * * * *
Mayor Rhodes announced the 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.
The Council went into closed session.
The Council returned from closed session.
* * * * * * * * * * * * *
Mayor Rhodes called for the City Manager's report. Mr. Hennings said the Texas
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Regular Council Meeting
October 8, 1996
Page 29
Transportation Commission decided last week to construct a new interchange at U.S. 59 and
Interstate 10 in Houston. He said the $72 million project would be located near the potential site of
a new baseball stadium for the Houston Astros. He said that as a result, Corpus Christi's projects
for the Crosstown Expressway and the Kennedy Causeway have been pushed back.
Mayor Rhodes and Council Member McNichols suggested that recent video taken of the
flooding of the Kennedy Causeway be sent to the appropriate officials to emphasize the need to
improve the causeway.
Mr. Hennings said he wished to correct several statements that were made by citizens during
the discussion of the water issue: the salinity in Nueces Bay is not low, it is still above the limits;
and the water in the Nueces River above Calallen is held behind the saltwater diversion dam, where
it is taken out through a pipe to the Stevens Water Treatment Plant. He said the impression was
given that the city pumps the water wells into the river, and it runs down the river into the bay --he
said that was not true. In addition, a citizen said there was no evaporation from the lakes during the
winter, which is far from the truth. Mr. Hennings pointed out that the evaporation rates are lower
in the winter and when the weather is cloudy, but there is still major evaporation loss all year long.
Mayor Rhodes and Council Member Martin suggested that staff correct such misstatements
at the time they are made during the meeting, rather than waiting until later.
Mr. Hennings added that Congress passed the bill that would defer payments on the Choke
Canyon debt for five years, and it was awaiting the President's signature; and he noted that the new
federal courthouse project was on hold because Congress made some reductions in funding for
federal courthouses. He also said items scheduled for the October 15, 1996 meeting included: more
discussions on the water issue, including the Garwood water rights; and the new landfill.
Mayor Rhodes said some citizens had called saying they were notified by the city about
mowing their property, while the city cannot maintain its own mowing schedule. She suggested that
the city postpone such notifications until it catches up with its mowing. Mr. Hennings pointed out
that the notification process was very long, and Mr. Martin said it needed to be improved. Mr.
Hennings replied that staff would review that issue.
Mayor Rhodes called for Council concerns and reports, and there were none.
* * * * * * * * * * * * *
Mayor Rhodes called for petitions from the audience.
Mr. Isaac Valencia, 3122 Leopard, President of the Corpus Christi Police Officers
Association, said the recent state convention of the Combined Law Enforcement Associations of
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Regular Council Meeting
October 8, 1996
Page 30
Texas (CLEAT) was very successful. He thanked many people for their participation, including
Mayor Rhodes, Council Member Black, other elected officials, members of the regional law
enforcement associations, and hotel and business communities. He also discussed the role of the
C.C. Police Officers Association and their involvement in similar recent conventions held in this
city.
There being no further business to come before the Council, Mayor Rhodes declared the
Council meeting adjourned at 8:20 p.m. on October 8, 1996.
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