HomeMy WebLinkAboutMinutes City Council - 10/15/1996I 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 October 15, 1996, which were approved
by the City Council on October 22, 1996.
WITNESSETH MY HAND AND SEAL, this 22nd day of October, 1996
Armando Chapa
City Secretary
SEAL
,0"`te
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
October 15, 1996
2 p.m.
PRESENT
Mayor Mary Rhodes
Mayor Pro Tem Tony Heldenfels
Council Members:
Dr. Jack Best
Betty Black
Melody Cooper
Betty Jean Longoria
John Longoria
Edward Martin
Dr. David McNichols
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 Rev. Michael Hale, Travis Baptist Church, following which
the Pledge of Allegiance to the flag of the United States was led by Council Member Heldenfels.
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 October
8, 1996, and there being no corrections, she proclaimed them approved as presented.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 2, conceptual design of the new solid waste
facility. She stated that the Council would hear staff's presentation first, followed by a closed
session and then the public comment portion of the discussion.
Mr. Tom Utter, Assistant City Manager of Development Services, said staff was presenting
a conceptual site plan of the new solid waste facility for the Council's approval, which if approved
would become the actual application to the Texas Natural Resource Conservation Commission
(TNRCC). Mr. Utter listed the members of the landfill design team: Mr. Rex Hunt with EMCON;
Mr. Ed Kagi, a land use planner with The SWA Group; Mr. Joe Moseley with Shiner, Moseley &
Associates; Ms. Leah Olivarri of Olivarri & Associates; Mr. Paul Gosselink with Lloyd, Gosselink,
Fowler, Blevins & Mathews; as well as the city's Legal, Engineering and Planning departments.
Minutes
Regular Council Meeting
October 15, 1996
Page 2
Mr. Utter briefly reviewed the process by which the new landfill site was chosen, and he
recognized the contributions of the members of the Site Selection Committee. He noted that in July
1995 the Council approved the financing plan for the new landfill, as well as financing for the
closure of the Elliott Landfill.
Mr. Hunt with EMCON, the lead consultant, explained that the proposed facility is to be
located on approximately 2,260 acres of property southwest of Corpus Christi. He reviewed the
landfill's mission statement, which was adopted by the Council on May 21, 1996: "To plan, permit
and construct a new solid waste facility with appropriate buffer areas that is environmentally sound,
is designed in an innovative and fiscally responsible manner, and that serves the region for the 21st
century."
Using visual aids, Mr. Hunt described the team's activities thus far, including verification
of prior work (concluding that the site had no fatal flaws); subsurface investigation; considerable site
planning; active public outreach; design evaluation; regulatory coordination; and transportation
analysis. He said the landfill's timeline includes the consultant team contract award in February
1996; permit application process beginning in Fall 1996; submission of the application to TNRCC
in July 1997, with approval anticipated in July 1998 that would allow for initiation of construction;
with operations to begin in September 2000.
Mr. Moseley of Shiner, Moseley & Associates discussed various technical planning issues,
such as specific design elements of the new landfill; continuation of existing uses; buffer zone size;
operations center, roadways and drainage; phased transition of activities from the Elliott landfill; and
short- and long-term cost-effectiveness. He described the development scenario, and also addressed
public outreach efforts, regulatory coordination with the TNRCC and other agencies, and local
issues, which include control of litter, dust and odor, and placement of the entrance as far west as
is practical. Mr. Moseley then showed graphics of a cross-section of the landfill design, plans for
drainage, and a transportation analysis, noting that the major route to the landfill will be Hwy. 43
to FM 2444 to CR 20.
The next element was presented by Mr. Kagi of The SWA Group. He described an overview
of the development plan, emphasizing that the development will be long-term, as the site will serve
as the regional landfill during the years 2000-2075. He referred to designs showing how the landfill
will evolve during its use, emphasizing the team's plan to develop a versatile infrastructure,
including landscaped hills and lakes around the site as well as buffer areas.
In summary, Mr. Hunt reiterated that the site is appropriate for a landfill; the team's technical
approach is sound; the planning approach is innovative and achievable; and the project is financially
responsible. He said the actions requested of the Council were to approve preparation of the permit
application based on the conceptual plan presented at the meeting; and to direct the consulting team
to continue their review of the project with other governmental entities and the general public.
Minutes
Regular Council Meeting
October 15, 1996
Page 3
Mayor Rhodes announced that the Council would go into closed session on Item 2, pursuant
to Texas Government Code Section 551.071 to receive advice of legal counsel regarding certain
claims of the mineral interests.
The Council went into closed session.
The Council returned from closed session.
Mayor Rhodes called for comments from the audience.
Mr. Jim Harris said he was an attorney representing the mineral interest owners under the
proposed landfill site. He said there has been a change of conditions since the city initially approved
the funds for the permit application. He said before the consultants were hired in February 1996,
the mineral interests owners met with staff and were told that the landfill was planned to be
developed in 20 -acre cells with roadways around the cells. He said there have also been resulting
substantial changes in the drainage patterns, which could affect the agricultural usage of the
adjoining land. Mr. Harris also discussed new oil wells on the site and the site's water level.
Mr. Allen Geiser, an oil and gas operator for several years, described past and current wells
that have been drilled on the site of the new landfill, as well as miles of pipelines that exist there.
He also discussed minerals that are available.
Mr. Steve Hake, an Austin attorney specializing in environmental issues, said he has been
retained by the Coles Memorial Trust and the Coles Charitable Trust, owners of the property along
the southern boundary and almost the entire eastern boundary of the landfill site. He used an aerial
photo of the site to describe concerns about the site's drainage patterns. He noted that in order to
obtain a permit for the landfill, the applicant must demonstrate that the development of the landfill
will not cause a significant alteration of the natural drainage patterns in the area, which he said are
very sensitive for a number of reasons. He said his clients and other adjacent landowners are very
concerned about the prospect of those drainage patterns being adversely affected.
Mayor Rhodes said it is the Council's intention that city staff and the consultants continue
to work closely with the attorneys and their clients who raised concerns about the proposed landfill.
Council Member Martin questioned plans for the 500 -foot buffer zone, pointing out that the
area should serve not only as a buffer but as an aesthetically pleasing area as well. Mr. Kagi replied
that there were many different ways to design the buffer area.
City Secretary Chapa polled the Council for their votes as follows:
Minutes
Regular Council Meeting
October 15, 1996
Page 4
2. M96-317
Motion approving the following actions concerning design of the new solid waste facility:
approving conceptual design as presented, authorizing presentation of the conceptual design
to other governmental entities and directing that the permit application be drafted in
accordance with the conceptual design.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
The Mayor thanked the members of the citizens committee for all the time they invested in
the development of the new landfill.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 3, contract amendment for engineering services
for the new landfill. She noted that there was a typographical error in the agenda concerning this
item, and she made a motion to correct the error (the amount of the contract amendment): instead
of reading $129,500 it should read $129,250. Council Member Heldenfels seconded the motion to
amend, and it passed unanimously.
Mr. Utter explained that Amendment #1 to the professional services contract concerned five
items, the first of which --additional borehole plugging --has already been accomplished. The other
items Mr. Utter briefly described were additional borings and analysis; shallow aquifer pump test;
petroleum engineering services; and a study of the transition from the Elliott Landfill to the new
landfill.
Council Member Martin questioned the shallow aquifer pump test, and Mr. Utter replied that
the engineers discovered a relatively large amount of ground water at a relatively high level. Mr.
Hunt added that the purpose of the test is to enable the consultants to design the landfill to a deeper
excavation than originally anticipated, which increases the landfill capacity of the site.
Responding to Mr. Heldenfels, Mr. Hunt said the consultants conducted an analysis and
determined that there would be more benefit obtained from the additional landfill capacity than the
cost of the additional de -watering. Mr. Heldenfels questioned why an adequate groundwater survey
was not conducted. Mr. Utter said the proposed test would determine how rapid the flow of the
water is and the amount of de -watering that would have to be accomplished.
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
October 15, 1996
Page 5
3. M96-318
Motion to authorize City Manager to execute Amendment #1 in the amount of $129,250 with
EMCON for professional services required for the Preliminary Design and Permitting of the
New Regional Solid Waste Facility for a revised contract total of $1,615,050.
The foregoing motion passed, as amended, by the following vote: Rhodes, Best, Cooper, B.
Longoria, Martin, and McNichols voting "Aye"; Black, Heldenfels, and J. Longoria voting
"No."
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the following zoning case:
4. Case No. 996-3. Riverside Hospital. Inc.: A change of zoning from an "R -1B" One -family
Dwelling District to an "AB" Professional Office District on Nueces River Irrigation Park,
Section 1, 2.66 acres out of Lot 2, located along the east side of River East Drive,
approximately 600 feet south of Farm Road 624.
Mayor Rhodes said the Planning Commission and staff recommended approval.
Mr. Brandol Harvey, Director of Planning and Development, said the applicant was applying
for a rezoning in order to expand the existing hospital facility and the parking area. He showed a
video of the subject property, and pointed out that the expansion would not allow access to River
East Drive, which was one of the concerns expressed by the adjacent property owners before the case
went before the Planning Commission. In addition, a screening fence would be required on the
southern end of the expanded parking lot adjacent to the "R -1B" property.
Mayor Rhodes called for comments from the audience.
Mr. E.W. Kocurek, 3833 Violet Rd., said he owns the lot at 13901 River Rock Dr. He said
he was concerned about how future hospital expansion would affect his property, and he requested
a letter from hospital officials to serve as assurance that proper screening would be put in place.
Mr. Winston Borland, Chief Executive Officer of Columbia Northwest Hospital, said he
thought the city would require that the hospital contact the neighbors, and he said he would send Mr.
Kocurek a letter addressing his concerns.
Council Member Betty Jean Longoria said that citizens had expressed concern about the
driveway cuts, and she referred to a declaration of restrictive covenant; Mr. Borland said that could
be filed with the record. She thanked Mr. Borland and hospital officials for meeting with her and
Minutes
Regular Council Meeting
October 15, 1996
Page 6
some of the neighbors to discuss those issues.
In response to Council Member Martin, Mr. Harvey said the city's driveway ordinance would
prevent a driveway from being built from the hospital parking lot to River East Drive, a residential
street. He added that the driveway ordinance needs to be further clarified as to when driveways can
occur and when they cannot. A brief discussion ensued.
Council Member Heldenfels made a motion to close the public hearing, seconded by Council
Member Black and passed unanimously.
City Secretary Chapa polled the Council for their votes as follows:
4. ORDINANCE NO.022718
Amending the Zoning Ordinance upon application by Riverside Hospital Inc., by changing
the Zoning Map in reference to Nueces River Irrigation Park, Section 1, 2.66 acres out of Lot
2, from "R -1B" One -family Dwelling District to "AB" Professional Office District;
providing for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, 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. 996-4. Jim Cameron: A change of zoning from an "I-2" Light Industrial District
to an "I-3" Heavy Industrial District on Allen -Cameron Industrial Park Unit 3, Lot 29,
located on the northeast corner of Sedwick and Southern Minerals Roads.
Mayor Rhodes said the Planning Commission and staff recommended approval.
Mr. Harvey explained that "I-3" zoning was necessary for the proposed bulk storage of
hazardous materials on the site. He said if the "I-3" is approved, the Zoning Board of Adjustment
(ZBA) would have to review the application to determine if the health, safety and welfare of the
adjacent property owners was protected. He added that this area was included in the aircraft
approach zone to the Corpus Christi International Airport, and was included in the Saxet oilfields
subsidence area.
Mr. Harvey said the city's land -use policies call for industrial uses in the airport approach
Minutes
Regular Council Meeting
October 15, 1996
Page 7
zones as opposed to commercial or residential uses for two primary reasons: less noise conflict, and
less concentration of people. He said airport officials have expressed concern that an airplane could
hit one of the storage tanks and cause even more damage.
Council Member Heldenfels said he thought that at one time his family had owned this
property, and he questioned whether there would be a conflict of interest if he voted on this case.
City Attorney Bray replied that if he or his family are not the present owners of the property, it
would not conflict with the city's or the state's ethics codes.
Mr. Harvey pointed out that this case would be considered under the 20% rule, and he
described the video and maps of the subject property and adjacent properties. He pointed out that
the subject property is located about 1.4 miles from the end of one of the airport runways. Mr.
Harvey noted that two years ago the Council and the Zoning Board of Adjustment approved a similar
application for hazardous material storage for Total Recycling Services.
Mayor Rhodes called for comments from the audience.
Mr. Blake Farenthold said he was Trustee of the ABMH Management Trust, which is the
general partner of HM&F Properties, owner of about 450 acres across Southern Minerals and
Sedwick roads from the site. He said they were opposed to the zoning request because of the
proposal to store hazardous materials and because it would impact plans to develop that area. He
said the current zoning of "I-2," which allows warehousing uses, was more appropriate due to the
area's proximity to the airport and Highways 44 and 37. He said according to staff's agenda
memorandum, the Director of Aviation was opposed to the installation of tanks containing
flammable liquids and caustic and sulfuric acid in the airport approach zones.
Mr. Charles Vartan Walker, 5201 Bromly, said he represented himself and his cousin, Mrs.
Anna Marsh, who own the property immediately adjacent to the subject property. He said they
vehemently oppose the zoning request because of the proposed storage of hazardous materials. He
added that there are five or six pipelines running east -west adjacent to the property, and they felt that
the zoning change would lower the value of their property.
Mr. Blake McCormick, General Manager of All -Waste Environmental Services, the proposed
lessee of the property, said All -Waste was hoping to move from its present location to the subject
property. He said the materials they store are not toxic nor radioactive, but are hazardous. They are
taken off-site for cleaning processes in different refineries and petrochemical plants. Another
gentleman representing All -Waste referred to an illustration of the proposed storage facilities, which
he described in detail. He emphasized that the facility would be designed and constructed to meet
federal regulations concerning hazardous materials. He said the natural drainage of the property is
to the north.
Minutes
Regular Council Meeting
October 15, 1996
Page 8
Responding to Council Member McNichols, Mr. Harvey said in order to be allowed to store
hazardous materials as proposed, the application must be approved by both the City Council (to be
rezoned to "I-3") and by the Zoning Board of Adjustment (approval of the "objectionable use"). In
reply to another question from Dr. McNichols, Mr. Harvey said staff concur that the "I-3" zoning
would be acceptable, and they are trying to obtain additional information regarding which materials
in what quantities could be stored on that site since it is located in the approach zone. He pointed
out that even under "I-2" zoning a number of hazardous materials could be stored there.
Dr. McNichols said he objected to the previous application by Total Recycling Services,
which was subsequently approved, and now another hazardous storage tank was proposing to be
built in the other approach zone, to which he also objected. Mr. Harvey reiterated that staff was
trying to obtain additional information and did not yet have a definitive recommendation to the
Zoning Board of Adjustment if the property is rezoned to "I-3."
In reply to Mr. Heldenfels, the All -Waste representative stated that the strength of the sulfuric
acid that will be stored is 98% pure, which is the only way it can be stored in bulk.
Mr. Heldenfels questioned staff's methodology in this zoning case. Mr. Harvey said rather
than go to the ZBA with property that is not zoned sufficiently to allow them to review the case, staff
recommends that the property be rezoned first. He added that if the zoning proposal is not viable,
then there would be no need to go to the ZBA.
Responding to Council Member Betty Jean Longoria, Mr. Harvey said that if the Council
approved the "I-3" zoning, but the ZBA did not approve the proposed use, under the "I-3" zoning
a number of manufacturing and processing uses that are one step above the current "I-2" would be
allowed.
Mr. Jim Cameron, President of Allen -Cameron Industrial Park, referred to comments made
by two previous speakers about plans they have to develop that area. He said he has already invested
over $1 million in the industrial park, and he was asking the Council to approve the "I-3" zoning to
allow him to perform some operations that had previously been allowed under "I-2." He stressed
that they were concerned about operating a safe, clean facility.
Council Member Heldenfels made a motion to close the public hearing, seconded by Council
Member Cooper, and passed unanimously.
Mayor Rhodes said her concern was the airport staff's objection to the proposed use in the
approach zone. She noted that she voted against the zoning change with Total Recycling Services,
and she intended to oppose this zoning request as well. The Mayor asked what the vote requirement
was with this case, and City Secretary Chapa responded that seven affirmative votes were needed
for it to pass.
Minutes
Regular Council Meeting
October 15, 1996
Page 9
Mr. Chapa then polled the Council for their votes as follows:
5. FAILED
The foregoing ordinance failed to pass by the following vote: Black, Cooper, B. Longoria,
J. Longoria, and Martin voting "Aye"; Rhodes, Best, Heldenfels, and McNichols voting
"No."
*************
Mayor Rhodes opened the public hearing on the following zoning case:
6. Case No. 996-5. Diversified Ventures: A change of zoning from an "A-1" Apartment House
District to an "R -1B" One -family Dwelling District on Overland Meadows Unit 2, Block 13,
west 5.51 acres out of Lot 35, located on the north side of Saddle Lane, approximately 200
feet west of McKinzie Road.
Mayor Rhodes said the Planning Commission and staff recommended approval. No one
opposed the zoning change. Council Member Best made a motion to close the public hearing,
seconded by Council Member Heldenfels, and passed unanimously.
City Secretary Chapa polled the Council for their votes as follows:
ORDINANCE NO. 022719
Amending the Zoning Ordinance upon application by Diversified Ventures, by changing the
Zoning Map in reference to Overland Meadows Unit 2, Block 13, west 5.51 acres out of Lot
35, from "A-1" Apartment House District to an "R -1B" One -family Dwelling District;
providing for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting
"Aye"; J. Longoria absent.
*************
Mayor Rhodes opened the public hearing on the following zoning case:
Minutes
Regular Council Meeting
October 15, 1996
Page 10
7. Case No. C996-6. City of Corpus Christi. A change of zoning from an "I-2" Light Industrial
District to an "A-2" Apartment House District on Meadow Park, Block 3, Lot 5, located on
the west side of Mohawk Street, approximately 200 feet north of Lou Street.
Mayor Rhodes said the Planning Commission and staff recommended approval. No one
opposed the zoning change. Council Member Heldenfels made a motion to close the public hearing,
seconded by Council Member Cooper, and passed unanimously.
Responding to Council Member Black, Mr. Utter explained that this zoning case fell under
the city's demolition replacement housing program. He added that it is funded through the Corpus
Christi Community Improvement Corporation out of the revolving rehabilitation fund, which come
from the Community Development Block Grant program. The building will be used as a single-
family residence.
City Secretary Chapa polled the Council for their votes as follows:
ORDINANCE NO. 022720
Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing
the Zoning Map in reference to Meadow Park, Block 3, Lot 5, from "I-2" Light Industrial
District to "A-2" Apartment House District; providing for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
* * * * * * * * * *
Mayor Rhodes called for a five-minute recess.
*
**
* * * * * * * * * * * * *
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 8 through 17, and Council Members requested that
Items 11 and 16 be withheld for discussion.
City Secretary Chapa polled the Council for their votes and the following were passed:
8. M96-319
Motion authorizing Planning and Development staff to prepare a service plan for the
Minutes
Regular Council Meeting
October 15, 1996
Page 11
proposed annexation area and schedule two public hearings to pursue the annexation of the
6.481 acre tract platted as Wood River Subdivision Unit 14A out of a 205.80 acre tract out
of the Mariano L. De Herrera Grant, Abstract 606 said 205.80 acre tract conveyed by Bess
L. Hurd, et vir., to Nina G. Stewart by deed dated August 29, 1940 and recorded in Volume
261, Page 235, Deed Records of Nueces County, Texas.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; J. Longoria absent.
9.a. ORDINANCE NO. 022721
Ordinance appropriating $26,100 from the unappropriated fund balance of the No. 104
Marina Fund; amending Ordinance No. 022643, which adopted the FY 96-97 Budget by
adding $26,100 to the No. 104 Marina Fund; transferring $26,100 to and appropriating
$26,100 in the No. 291 Parks Capital Projects Fund for the "M" Pier Interim Restoration
project; amending Ordinance No. 022394, which adopted the FY 95-96 CIP Budget by
adding $26,100 to the FY 95-96 CIP Budget.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting
"Aye"; J. Longoria absent.
9.b. M96-320
Motion awarding a contract in the amount of $56,741.20 to Bracco Construction Company
for the Marina: "M" Pier Interim Restoration.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; J. Longoria absent.
10. M96-321
Motion approving Change Order #3 in the amount of $229,151.10 to Abhe & Svoboda for
repair of twenty-seven electric crest gate operators, installation of new Limitorque operators
for seven sluice gates and new bar screens at Wesley Seale Dam.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; J. Longoria absent.
Minutes
Regular Council Meeting
October 15, 1996
Page 12
12. ORDINANCE NO. 022722
Ordinance rescinding ordinance No. 021381, adopted April 28, 1992, which authorized the
Shuttle Service Agreement between Airport Shuttle and Limousines Service, Inc. formerly
known as Corpus Christi Limousines Unlimited, Inc. and the City of Corpus Christi, on
October 18, 1996, for default in payment of rent, privilege fees, and charges if the default has
not been cured by payment in full by 5:00 p.m.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting
"Aye"; J. Longoria absent.
13. ORDINANCE NO. 022723
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 second reading by the following vote: Rhodes, Best,
Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; J. Longoria
absent.
14. ORDINANCE NO. 022724
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; providing for severance; effective
upon publication.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; J. Longoria
absent.
15.a. ORDINANCE NO. 022725
Granting to Caprock Fiber Network, Ltd., a non-exclusive one-year franchise to construct,
maintain, and operate in designated portions of specified public rights-of-way
Minutes
Regular Council Meeting
October 15, 1996
Page 13
telecommunications facilities for the purpose of providing services within the city and future
additions thereto.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; J. Longoria
absent.
15.b. ORDINANCE NO. 022726
Granting to Caprock Fiber Network, Ltd., a non-exclusive seven-year franchise to construct,
maintain, and operate in designated portions of specified public rights-of-way
telecommunications facilities for the purpose of providing services within the city and future
additions thereto.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; J. Longoria
absent.
17. ORDINANCE NO. 022728
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 second reading by the following vote: Rhodes, Best,
Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; J. Longoria
absent.
* * * * * * * * * *
*
**
Mayor Rhodes opened discussion on Item 11, salinity monitoring agreement.
Council Member McNichols pointed out that this is an important project in that there are
salinity monitoring stations around Nueces Bay, which helps the city gain credit toward decreasing
the amount of the freshwater releases.
Council Member Heldenfels questioned whether three monitoring stations were sufficient.
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
October 15, 1996
Page 14
11. M96-322
Motion authorizing the City Manager, or his designee, to execute and extend a five year
agreement with Texas A & M University -Corpus Christi's Conrad Blucher Institute and the
Center for Coastal Studies to continue to collect, manage and analyze salinity and other
environmental data from three monitoring stations in Nueces Bay in order to comply with
the Texas Natural Resource Conservation Commission's 1995 Agreed Order on freshwater
inflows for the Nueces Estuary; and approving the expenditure of $52,847.00 for the first
year's cost for these services.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; J. Longoria absent.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 16, Texas Municipal Retirement System.
Council Member Heldenfels said that in reviewing this information, he noticed that in the
last eight years the unfunded pension liability has increased from $43 million to over $55 million.
He questioned why that amount keeps increasing. City Manager Hennings replied that staff would
analyze that and provide a response.
Council Member Martin asked if the updating of service credits in any way lent to the
increase in the unfunded liability. Mr. Hennings noted that this was a complicated subject and he
would need to look into it before responding.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
16. ORDINANCE NO. 022727
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
retirees of the City; establishing an effective date for such actions; and providing for
severance.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No";
J. Longoria absent.
Minutes
Regular Council Meeting
October 15, 1996
Page 15
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Mayor Rhodes called for the City Manager's report. Mr. Hennings said that he would
continue the discussion of the water rates. He referred to a report distributed to the Council entitled
"Water Rates and Cost of Service." He noted that in response to a suggestion during last week's
discussion, staff reformatted the report to indicate the break down of the cost of "new" water
compared to existing water costs. The current raw water cost is 25¢ per 1,000 gallons, Lake Texana
water is estimated to cost 95¢, and Garwood water will cost 44¢. Also indicated were the cumulative
blended costs of the water. Mr. Hennings noted that the current cost for raw water also included the
current payment for Lake Texana water, which amounts to about 4¢ of the 25¢.
Council Member Martin pointed out that the cost of the new water is $1.39 and the current
cost is 25¢, and when those costs are blended, the total is 75.07¢. Responding to a question from
Mr. Martin, Mr. Hennings referred to the booklet entitled "Water FAQs (Frequently Asked
Questions)." He said the Texana to Corpus Christi pipeline will initially deliver 41,840 acre-feet per
year (37.35 million gallons per day) of Lake Texana water, and the Garwood-Texana pipeline will
deliver an additional 35,000 acre-feet (31.24 million gallons per day). He said that out of the total
consumption of 105 million gallons per day, the pipeline would deliver about 65% of the daily
demands. Mr. Martin asked what the cost would be of the Garwood-Texana water per 1,000 gallons
by itself, and he suggested that staff compute that amount.
Mr. Martin also asked about the acquisition costs (payments) for the Texana water. Mr.
Hennings said it was included in the current raw water cost of 25¢, and was about 4¢. Mr. Martin
said that eventually that cost should be transferred to the total cost for Texana water.
Mr. Hennings then referred to some examples of the pass-through method of charging for
water and how the cost of raw water affects different customer classes. He noted that raw water
customers, such as Koch, would be the most affected by that method, while inside -city -limits (ICL)
one -family residential customers would be the Least affected. He also discussed the time element
of phasing in the costs of the new water, pointing out that the target date for the completion of the
pipeline to Lake Texana is March 1998, with the Garwood pipeline scheduled to come on line in
approximately 2002.
Mr. Hennings then raised some issues that need to be addressed by the Council, such as
formally considering changing the water rate ordinance to adopt a raw water "pass-through"
approach, while taking into account the results of the 1996 cost of service study. He pointed out that
the ICL residential customers are paying more than the cost of service in 1996, and raw water
customers are paying less than the cost of service. He said there are several possible changes that
have been discussed, including considering a separate rate class for industrial users (process -water),
and changing the block rate structure.
Minutes
Regular Council Meeting
October 15, 1996
Page 16
The City Manager noted that other questions to consider include when to begin charging
customers for the cost of the new water, and how to pay pipeline construction costs if charges are
delayed until the pipeline is completed. He said staff would present more information next week.
Mr. Martin asked when the five-year program of 6% annual utility rate increases will expire,
and Mr. Hennings replied July 1998. Mr. Martin said that if the City Charter 6% cap on utility rate
increases only applies to the treatment and distribution portion of water costs, then the pass-through
of raw water costs would be acceptable because it would not be subject to the Charter 6% cap. He
said that the one question that has to be dealt with is how the Council feels about the Charter 6% cap
because this will guide the rest of the discussion and action.
Responding to Council Member Best, Mr. Hennings said at some point the Council will have
to approve an operating policy which includes the new pipeline with the two lakes. He said one
logical approach would be to pump the pipeline from Lake Texana all the time unless both lakes are
full. Dr. Best pointed out that the Agreed Order concerning water releases needs to be addressed
with regard to the operation of the pipeline.
Council Member McNichols agreed that there are many issues the Council needs to consider
over the next few weeks, but he said the first step is to proceed with the construction of the pipeline
since time is of the essence. He said the rate structure needs to be defined and acted upon. Mr.
Hennings said that based upon the Council's discussion, staff can bring back the information they
will need next week to debate the charter's 6% rate cap and how it should apply, as well as other
issues such as the financial resources. He added that the discussion of the Garwood option would
be held during the November 12, 1996 Council meeting.
Mr. Martin reiterated that the water actions hinge upon the resolution of the 6% rate cap
issue. Mr. Hennings said if the pass-through approach is adopted, using the other sources of funds,
the question becomes at what point will an ICL water bill exceed the 6% rate cap.
Mr. Martin commended staff for the development of the "Water FAQs" booklet.
Mr. Hennings then asked Mr. James Dodson, Regional Water Director, for an update on the
water situation. Mr. Dodson said the total system capacity of the reservoir system currently stands
at 30.9%; however, the inflows have significantly subsided and he anticipates that the system
capacity will again begin to decline. He said Mr. Hennings asked him to calculate what the system
storage would have been had the city not made any pass-throughs this year. He said between
January and September 30, 1996, almost 59,000 acre-feet of inflow was received, and a total 3,822
acre-feet was actually passed through. If that amount had been held in storage and was subject to
evaporation losses of about 40%, there would have been a net amount of about 2,293 acre-feet, or
one-quarter of 1% of the total system storage. He said those figures show that the releases have had
no significant effect on the area's water supply.
Minutes
Regular Council Meeting
October 15, 1996
Page 17
Dr. Best asked if the releases had any significant effect on the bays and estuaries. Mr.
Dodson said the salinity levels in Nueces Bay have remained well above the desirable levels, and
have reached a point of almost 45 parts per thousand (open ocean salinities are about 34 or 35 parts
per thousand). In August when the rainfall began, the salinity did drop by about 10 parts per
thousand, but it was still above the desirable range. Dr. Best asked if there were any records of
salinity before Choke Canyon was built, and Mr. Dodson said the data is very sparse.
Mr. Utter then provided an update of the red tide. He described the clean-up effort and said
the red tide is anticipated to continue for some period.
Mr. Hennings said items to be considered next week include: the proposed financial plan that,
once approved, will be taken to the rating agencies; factory outlet mall; and the legislative plan for
the upcoming Texas Legislative session. He noted that water will be an important issue during that
session, and staff will propose that some consultants in Austin be retained to help support the
Legislature on that issue. He said the Greater Corpus Christi Business Alliance has tentatively
agreed that Mr. Gary Bushell play a lead role in the intergovernmental program with regard to the
Legislature.
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In her report, Mayor Rhodes referred to a recent action taken by the Water Allocation and
Review Committee concerning an agreement with another entity for watering of golf fairways. She
said it was important that staff provide support or monitoring so that that committee does not provide
variances that contrast with Council policy. Mr. Hennings said the report on the news regarding that
action was erroneous, and he said he understood that the newspaper would correct that tomorrow.
A brief discussion ensued.
The Mayor added that a copy of the videotape showing the large amount of water across the
JFK Causeway following a recent storm should be sent to the members of the Texas Transportation
Commission. She said she and City Secretary Chapa were developing a tentative schedule of
upcoming Council meeting dates for the Council's approval.
Mayor Rhodes called for Council concerns and reports.
Council Member McNichols said the TNRCC was concemed about the action regarding the
watering of the fairways, and it was important that the explanation of that situation be forwarded to
TNRCC officials. Dr. McNichols also said he thought there was some funding available through
the Texas Department of Transportation for repairs, which might help with the causeway situation.
Dr. McNichols then addressed a tragic accident that occurred in Flour Bluff over the
weekend, in which a young woman was killed while crossing Waldron Road following a school
Minutes
Regular Council Meeting
October 15, 1996
Page 18
function. He said this has been a problem for a long time, in large part caused by the division of the
school complex across Waldron. He said he did not know what the solution was, adding that many
people are calling for the construction of an elevated walkway. He asked staff to investigate what
can be done as soon as possible to try to alleviate some of those hazards. Mayor Rhodes said the
whole Council supported that request.
Council Member Martin said it was important to consider all of the options regarding the
Flour Bluff School/Waldron Road situation and to come back with recommendations. He also
suggested that all irrigation systems that are installed in parkways between curbs and sidewalks be
required to be drip irrigation systems.
Council Member Best requested the Web site address on Item 11. He also expressed his
condolences to the family and friends of Mr. Jack Dumphey, a former City Council member.
Council Member Betty Jean Longoria announced that the next Charter Revision Committee
meeting would be held October 28 at 5:30 p.m. in City Hall.
Council Member Cooper announced that the Mayor's Task Force on Youth Violence will
meet October 24, 1996 at 6 p.m. in the Council Chambers in order to organize the "Graffiti Out" day
to be held the following Saturday.
*************
Mayor Rhodes called for petitions from the audience.
Ms. Beth Aranda, 518 Claride, said she was a friend of Mrs. Kate Hernandez, the teacher
who was killed in Flour Bluff. She said she had gone to the principal previously with concerns about
that dangerous cross-over. She suggested that two skywalks be built there. Mayor Rhodes reiterated
that despite what may have been reported in the media, the walkways were not ruled out as an
option, and staff would consider all of the possibilities. The Mayor added that she intended to meet
with Mrs. Hernandez's sister.
There being no further business to come before the Council, Mayor Rhodes declared the
Council meeting adjourned at 6:05 p.m. on October 15, 1996.
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