HomeMy WebLinkAboutMinutes City Council - 11/26/1996I 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 November 26, 1996, which were approved
by the City Council on December 10, 1996.
WITNESSETH MY HAND AND SEAL, this 10th day of December, 1996
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
November 26, 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
Assistant City Attorney Alison Gallaway
City Secretary Armando Chapa
Mayor Rhodes called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Rev. Edward B. Seeger, Corpus Christi Metro Ministries,
following which the Pledge of Allegiance to the flag of the United States was led by Council
Member McNichols.
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
November 19, 1996, and there being no corrections, she proclaimed them approved as presented.
* * * * * * * * * * * * *
The first presentation was made by Council Member Cooper, who distributed six $1,000
checks as grants from the Mayor's Task Force on Youth Violence. She explained that a screening
committee of the task force reviewed the grant applications. The six organizations receiving the
grants were: Coastal Bend Hockey Association; Above and Beyond; Southside Gulf Coast Girls Fast
Pitch League; New Life; Tejano Academy of Fine Arts; and Cathedral of the Palms -G Boys and G
Girls Project.
The next presentation was made by the Harbor Lights Planning Committee concerning this
year's festivities. Ms. Janice Cubellis and Ms. Judy Butler described the activities to take place on
December 7th, including the children's parade and children's area, lighting ceremony, Santa's
motorcade, illuminated boat parade, and fireworks display.
Minutes
Regular Council Meeting
November 26, 1996
Page 2
The last presentation concerned the efforts of the Ozone Public Education Task Force, whose
purpose is to communicate to the general public their responsibilities and accountability for
maintaining Corpus Christi's attainment status for ozone. Ms. Gretchen Arnold, chairperson of the
Task Force, introduced the "Smog Frog" and noted that Corpus Christi did not have any exceedences
of its acceptable ozone level.
Council Member McNichols commented on news reports of the Environmental Protection
Agency's (EPA) attempt to strengthen the air quality standards. City Manager Hennings said the
EPA's exact proposals had not yet been announced, and Dr. McNichols said that when they are
known, the city should take steps to oppose more stringent standards.
*Council Member Heldenfels arrived at the meeting at 2:25 p.m.
A brief discussion ensued concerning problems associated with more stringent air quality
standards.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 2, items related to the Selena Memorial Overlook.
The Mayor made a motion to amend the proposal to replace the words "Devary Durrill Foundation"
with "Justice Building Inc." Council Member John Longoria seconded the motion, and it passed
unanimously.
City Manager Hennings explained that the Council had approved the recommendations of
the Selena Committee, which included construction of a new overlook at Shoreline Boulevard and
the People's Street T -Head. The design of the project now includes a sculpture of Mrs. Selena
Quintanilla-Perez, and Council approval is needed to make that change in the design, as well as to
accept the sculpture as a donation to the city.
Mayor Rhodes stated that the Quintanilla family has final approval of the sculpture, and Mr.
Hennings concurred.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
2.a. M96-361
Motion authorizing the City Manager, or designee, to execute a contract with Justice
Building Inc. to construct the Selena Memorial Overlook at Peoples Street and Shoreline
Boulevard, a copy of which is on file with the City Secretary.
Minutes
Regular Council Meeting
November 26, 1996
Page 3
The foregoing motion passed, as amended, by the following vote: Rhodes, Best, Black,
Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting
"No."
2.b. M96-362
Motion authorizing the City Manager to accept the donation of the sculpture of Selena
Quintanilla-Perez, to be placed in the Selena Memorial Overlook.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No."
Mayor Rhodes thanked Mr. Dusty Durrill, pointing out that it was his generosity that made
this project possible.
************
*
Mayor Rhodes opened discussion on Item 3, exercise of the Garwood option.
Mr. James Dodson, Regional Water Director, reviewed the history of the proposal involving
the Garwood Irrigation Company. He explained that in 1990, a regional water supply planning study
was completed, and it indicated that the firm yield of the Choke Canyon -Lake Corpus Christi
reservoir system was less than originally estimated; consequently, additional water supplies would
be needed much sooner than projected. A study of possible additional water sources was undertaken
and completed in 1991 by the City of Corpus Christi, the Lavaca-Navidad River Authority
(LNRA), and the Alamo Conservation and Reuse District.
In order to preserve the city's access to the water supplies recommended in the 1991 report,
the city entered into option contracts with both LNRA and the Garwood Irrigation Company. The
Trans -Texas Water Study also included those two water supplies as possible sources to make up the
100,000 acre-feet per year shortfall that was estimated to be needed by the year 2050. In February
1994, the City Council and Garwood extended the option agreement until December 31, 1996.
He said today's proposal was a recommendation that the Council authorize the City Manager
to issue notice to the Garwood Irrigation Company to file the application with the Texas Natural
Resource Conservation Commission (TNRCC) to amend the Garwood right, allowing the transfer
of the 35,000 acre-feet per year of water for use in the Corpus Christi service area. Under this
conditional exercise of the option, the purchase would be finalized only after TNRCC has acted to
grant an acceptable permit for that interbasin transfer. In the meantime, the city would continue to
make option payments of $25,000 per month, which would be credited toward the purchase price.
Minutes
Regular Council Meeting
November 26, 1996
Page 4
Council Member Martin asked if the purchase price becomes "frozen" once the city exercises
the conditional option, and Mr. Dodson said it did, at $15,750,000. Responding to another question
from Mr. Martin, Mr. Dodson said that under the conditional exercise, Garwood pays for the
permitting costs, which will be reimbursed by the city. Mr. Martin also asked if the water pipeline
would be an adequate size to accommodate the Garwood water, and Mr. Dodson said it would
accommodate all of the water from both Lake Texana and the Colorado River (Garwood).
In reply to Council Member John Longoria, Mr. Dodson explained that the Garwood
Irrigation Company owns 168,000 acre-feet per year of water rights, and of that the City of Corpus
Christi would be purchasing up to 35,000 acre-feet per year. Mr. Dodson added that this project has
been included in the city's capital improvement program, and the city is anticipating issuing revenue
bonds.
Responding to another question from Mr. Longoria, Mr. Hennings stated that the owner of
the Garwood Irrigation Company has agreed to accept a letter of assurance from the City of Corpus
Christi, which means that the city does not have to appropriate funds at this point.
Council Member McNichols said he has been asked several times why the city did not
exercise the Garwood option prior to this time. Mr. Dodson said one of the main reasons was the
city wanted to ensure that the interbasin transfer of Lake Texana water was approved before it
proceeded with the permitting of the Garwood water. Dr. McNichols commented that the Coastal
Bend has been very far-sighted in planning for its future water needs, despite criticism from many.
Mr. Dodson pointed out that Lake Texana and Garwood were carefully selected as water sources
during the study process because of their unique nature --that is, they do not have an impact on their
respective basins of origin even if the water is transferred to another area.
Dr. McNichols went on to say that the Texas Water Development Board is charged with
coordinating the statewide future water resources, and they have been very involved in this situation.
Mr. Dodson agreed, noting that the Trans -Texas program constituted a consensus of the Texas Water
Development Board, the TNRCC, Texas Parks and Wildlife Department, several other state
agencies, and river authorities and local interests throughout several regions.
In response to Council Member Best, Mr. Dodson explained that the Garwood facility itself
is a low -head dam to create a very small pool from which water is pumped, and there are a series of
canals to convey water to their irrigation area. Corpus Christi does not have the right to use those
facilities, but would move downstream from that location to create its own new diversion site.
Dr. Best also questioned the city's liability with regard to a facility at Garwood. Mr. Tim
Brown, an attorney with Brown & Potts, replied that the state owns the water and Corpus Christi
would own the right to use the water, and the city would be responsible for maintaining the diversion
facility.
Minutes
Regular Council Meeting
November 26, 1996
Page 5
In reply to Council Member Heldenfels, Mr. Brown said the water rights being sold at
Garwood are known as "run of the river" with a 1900 priority date, meaning that there is no storage
facility or dam associated with it.
Mr. Hennings reiterated that Garwood and Lake Texana are the most affordable water
supplies for this area at this time. He used the example of a single-family residential customer using
6,000 gallons of water per month. Their current water bill is $12.46; after the Lake Texana and
Garwood water is flowing in the pipeline, the bill would increase to $15.48. However, if
desalination had been chosen instead of Lake Texana and Garwood to provide the additional 76,000
acre-feet of water needed, that customer's bill would increase to $29.26. He also showed an example
of how costs would change for a large refinery.
Mr. Hennings said the industries have been indicating that the increased cost for the Lake
Texana and Garwood water will not place them in an uncompetitive position and they support the
city's efforts to acquire that water. He went on to say that if the Council approves the proposals
today, staff would meet with Garwood Irrigation Company staff to outline the approach for the
permitting process.
Mr. Martin said that while the comparisons between the cost of Lake Texana/Garwood water
and desalinated water were helpful, it was important to remember that the exact cost of the water was
yet to be determined; Mr. Hennings concurred.
Mayor Rhodes called for comments from the audience.
Mr. J.E. O'Brien, 4130 Pompano, said he disagreed with the Garwood proposal, and said he
thought the figures used for desalinated water costs were false. He said the Garwood option was
another major expenditure that did not receive voter approval. He said he also thought the Council
was considering using the Choke Canyon debt service to back the revenue bonds.
In reply to Mr. O'Brien, Mr. Hennings said staff is not recommending there be any use of
the Choke Canyon reserve fund in conjunction with this project. He said this proposal simply
exercises the city's option to purchase the Garwood water rights on a conditional basis. At some
point in the future when the permit is issued by the state agency to move the water to Corpus Christi,
staff will be recommending that the city have a revenue bond issue to actually fund the purchase
price. He said that a discussion is planned for the December 17th Council meeting about the Choke
Canyon reserve fund, and possible alternatives, but he reiterated that it did not concern this item.
Mayor Rhodes pointed out that the Council is elected to ensure that the health and welfare
of this community is protected, and one major element of that is maintaining a dependable source
of water.
Minutes
Regular Council Meeting
November 26, 1996
Page 6
City Secretary Chapa polled the Council for their votes as follows:
3.a. RESOLUTION NO. 022766
Resolution directing the City Manager of the City of Corpus Christi to give Notice to Submit
Application to the Garwood Irrigation Company pursuant to Section 6 of the "Exercise of
Option and Amendment to Agreement Between the City of Corpus Christi and Garwood
Irrigation Company" dated February 22, 1994; and providing for reimbursement of capital
expenditures from bond proceeds in accordance with federal law.
The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No."
3.b. M96-363
Motion authorizing the City Manager to employ the law firm of Brown & Potts to represent
the City of Corpus Christi in all matters related to advancing and defending the application
filed by the Garwood Irrigation Company pursuant to Section 11 of the "Exercise of Option
and Amendment to Agreement Between the City of Corpus Christi and Garwood Irrigation
Company" dated February 22, 1994, including proceedings in the Texas Natural Resource
Conservation Commission and other agencies of the State of Texas, through the stage at
which protestants to the application have filed responses, at an hourly rate of $140, plus
reasonable expenses, not to exceed $25,000.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No."
Mayor Rhodes commended Mr. Brown and his law firm for their work thus far; Mr. Brown
replied that they are honored to serve.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 4, Del Mar area street improvements.
City Manager Hennings said these items are the two remaining projects in the 1986 bond
program. This step implements the projects by approving the plans, ordering the improvements, etc.,
which will lead to awarding the construction contract on January 14, 1997.
Mayor Rhodes called for comments from the audience.
Mrs. Dorothy Spann, 502 Del Mar, thanked Council Members Black and Martin for their
Minutes
Regular Council Meeting
November 26, 1996
Page 7
support as well as city staff. She said the neighbors are concemed that the improvements be initiated
and concluded as a complete project.
City Secretary Chapa polled the Council for their votes as follows:
4.a. RESOLUTION NO. 022767
Resolution specifying rules to apply when the City intends to assess abutting property or
affected railways to secure payment for highway or related improvements, including rules
concerning assessment hearing notice and the assessment hearing itself; and authorizing the
Director of Engineering Services to prepare assessment certificates.
The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent.
4.b. RESOLUTION NO. 022768
Resolution determining the necessity for and ordering the improvement of the following
highways in Corpus Christi, Nueces County, Texas for the Del Mar Area Street
Improvements, Phase I:
Santa Fe Street - Ayers Street to Del Mar Boulevard
Santa Fe Street - Del Mar Boulevard to Louisiana Avenue
3rd Street - Ayers Street to Louisiana Avenue
2nd Street - Ayers Street to Del Mar Boulevard
Del Mar Boulevard - Santa Fe Street to Ocean Drive
Naples Street - Santa Fe Street to Ocean Drive
Atlantic Street -Santa Fe Street to Ocean Drive
Louisiana Avenue - Santa Fe Street to Ocean Drive;
specifying that certain of these improvements will be paid for partly by the City and partly
by assessments while others will be paid for entirely by assessments; and directing the City's
Director of Engineering Services to file a Notice of Proposed Assessments with the Nueces
County Clerk.
The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent.
4.c. RESOLUTION NO. 022769
Resolution approving plans and specifications for improvements to the following highways
in Corpus Christi, Nueces County, Texas for the Del Mar Area Street Improvements, Phase
I:
Minutes
Regular Council Meeting
November 26, 1996
Page 8
Santa Fe Street - Ayers Street to Del Mar Boulevard
Santa Fe Street - Del Mar Boulevard to Louisiana Avenue
3rd Street - Ayers Street to Louisiana Avenue
2nd Street - Ayers Street to Del Mar Boulevard
Del Mar Boulevard - Santa Fe Street to Ocean Drive
Naples Street - Santa Fe Street to Ocean Drive
Atlantic Street -Santa Fe Street to Ocean Drive
Louisiana Avenue - Santa Fe Street to Ocean Drive;
approving the Director of Engineering Services' Project Construction Cost Estimate
including an estimate of the portion of costs to be paid by the City and the portion to be paid
by assessments; setting a public hearing on these proposed assessments to occur during the
January 14, 1997 City Council Meeting; directing the City Secretary to arrange to publish
notice of this public hearing; and ordering the Director of Engineering Services to provide
written notice of the public hearing to property owners.
The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent.
4.d. RESOLUTION NO. 022770
Resolution determining the necessity for and ordering the improvement of the following
highways in Corpus Christi, Nueces County, Texas for the Del Mar Area Street
Improvements, Phase III:
Del Mar Boulevard -South Staples Street to South Alameda Street
Naples Street - 15th Street to South Alameda Street
Atlantic Street - 15th Street to South Alameda Street
Southern Street - 15th Street to South Alameda Street
Louisiana Avenue - Brownlee Boulevard to South Alameda Street
Brownlee Boulevard - South Staples Street to Louisiana Avenue
Cole Street - Brownlee Boulevard to South Staples Street
15th Street - South Staples Street to Louisiana Avenue
16th Street - South Staples Street to Louisiana Avenue
Southern, Atlantic, and Naples Streets between 15th Street and 16th Street
Cole Street - Brownlee Boulevard to South Alameda Street
Louisiana Avenue - Brownlee Boulevard to Swantner Drive;
specifying that certain of these improvements will be paid for partly by the City and partly
by assessments while others will be paid for entirely by assessments; and directing the City's
Director of Engineering Services to file a Notice of Proposed Assessments with the Nueces
County Clerk.
The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper,
Minutes
Regular Council Meeting
November 26, 1996
Page 9
Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent.
4.e. RESOLUTION NO. 022771
Resolution approving plans and specifications for improvements to the following highways
in Corpus Christi, Nueces County, Texas for the Del Mar Area Street Improvements, Phase
III:
Del Mar Boulevard -South Staples Street to South Alameda Street
Naples Street - 15th Street to South Alameda Street
Atlantic Street - 15th Street to South Alameda Street
Southern Street - 15th Street to South Alameda Street
Louisiana Avenue - Brownlee Boulevard to South Alameda Street
Brownlee Boulevard - South Staples Street to Louisiana Avenue
Cole Street - Brownlee Boulevard to South Staples Street
15th Street - South Staples Street to Louisiana Avenue
16th Street - South Staples Street to Louisiana Avenue
Southern, Atlantic, and Naples Streets between 15th Street and 16th Street
Cole Street - Brownlee Boulevard to South Alameda Street
Louisiana Avenue - Brownlee Boulevard to Swantner Drive;
approving the Director of Engineering Services' Project Construction Cost Estimate
including an estimate of the portion of costs to be paid by the City and the portion to be paid
by assessments; setting a public hearing on these proposed assessments to occur during the
January 14, 1997 City Council Meeting; directing the City Secretary to arrange to publish
notice of this public hearing; and ordering the Director of Engineering Services to provide
written notice of the public hearing to property owners.
The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols absent.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 5, Transportation Improvement Program (TIP).
Mr. R.H. Shackelford, Director of Engineering Services and Chairman of the Technical
Committee of the Metropolitan Planning Organization (MPO), gave a presentation on this issue. He
explained that the MPO, which is responsible for coordinating the transportation planning within this
metropolitan area, is composed of representatives from the following entities: City of Portland, City
of Corpus Christi, Nueces County, San Patricio County, Regional Transportation Authority, Port of
Corpus Christi Authority, and the Texas Department of Transportation's (TXDOT) District Office.
In order to aid the MPO in its efforts, up to $3.6 million per year is provided through the federal
Highway Administration, of which 80% consists of federal funds and 20% has to be provided by the
Minutes
Regular Council Meeting
November 26, 1996
Page 10
entity benefitting from the particular project.
Mr. Shackelford explained that the city is currently utilizing the approved Transportation
Improvement Program (TIP) for FY 1996-98; one element of that TIP is the Kostoryz Road
improvements project. He said that during a previous discussion of that project, the Council had
asked city staff to reexamine the Kostoryz Road project to determine if the estimated costs and limits
were correct. He said staff concluded that the project limits should be revised, i.e., the project should
not be extended one-quarter mile south of Saratoga Boulevard, but should terminate at Saratoga.
Mr. Shackelford said that staff believes the Kostoryz Road improvements are very necessary
to help relieve congestion in that area, and as soon as the agreements with TXDOT are approved,
they will proceed with the engineering and environmental assessment, as well as the right-of-way
acquisition. In addition, due to increased costs, the project budget for streets and drainage will need
to be increased by $285,000 in the FY 1999 capital improvement plan regarding this project.
The second project in the current TIP which staff reviewed consists of widening McArdle
Road to three lanes from Everhart to Weber. He said the current cost estimates appear to be
adequate, provided that there are no additional drainage requirements from TXDOT.
Mr. Shackelford stated that the Corpus Christi MPO was informed that it may receive an
additional $2.5 million in FY 1997 funds if the recommended projects met certain criteria, including
that the projects could be completed prior to August 1. He said the project that met the criteria was
for traffic signals installation/coordination, and staff was recommending that the Council endorse
an amendment to the current TIP to include that project.
The second action to be considered by the Council (Item 5.b.) was a motion endorsing the
proposed FY 1998-2000 TIP and associated projects. He said that one of the proposed projects for
the FY 1998 element would be a street overlay project on Ocean Drive (Furman to Airline), and for
FY 1999 the overlay of Shoreline Boulevard (Furman to Peoples), which would complement the
hike and bike trail and tie in with the Gateway Project. Another project proposed for FY 1998 is the
improvement of Cornett Drive, next to Calallen Middle School; other FY 1999 projects include
McArdle Road (Weber to Carroll Lane) and the construction of Kostoryz Road.
Mr. Shackelford said that the FY 2000 TIP includes: engineering for four essential projects
to relieve traffic congestion; and major Americans with Disabilities Act accessibility improvements.
Responding to Council Member Martin, Mr. Shackelford said that staff had proposed the two
overlay projects on Ocean Drive as possible recipients of the surplus metropolitan mobility funds,
but it was concluded that they would not meet the time constraints. In reply to another question from
Mr. Martin, Mr. Shackelford said the McArdle Road project included in FY 1996 is for the
engineering phase only.
Minutes
Regular Council Meeting
November 26, 1996
Page 11
Mr. Martin then asked about the source of funds for additional money on the Kostoryz
project, and Mr. Shackelford said staff would propose to use the street reserves if they are available
at that time. Mr. Martin expressed concern that the Kostoryz project not experience the same
problems and cost increases that the Greenwood Drive project experienced. Mr. Shackelford replied
that staff conducted an exhaustive review of the Kostoryz project and feel confident in their
recommendation.
Mr. Martin also asked about the FY 2000 projects, and Mr. Shackelford said the projects
listed in the agenda material are planned but funding is not required until later. Mr. Martin
specifically questioned the Yorktown and Cimmaron proposed projects. Mr. Carl Crull, Assistant
City Manager for Public Works and Utilities, replied that the Yorktown project would provide a
major access point to The Lakes subdivision, which would be necessary for the circulation system
of that area. Regarding the proposed widening of Cimmaron from Saratoga to Yorktown, in the past
the city's policy has been to not ask a developer to widen an already existing (but perhaps
inadequate) street.
Council Member McNichols asked about proposed traffic signal improvements on Waldron
Road at the Flour Bluff school complex, and Mr. Shackelford said the amendment would move the
project forward in the time table. Responding to another question from Dr. McNichols, Mr.
Shackelford briefly explained the metropolitan mobility funds.
In reply to Council Member Betty Jean Longoria, Mr. Shackelford said the five county bridge
projects in the FY 1997 TIP are all located in Nueces County. Mrs. Longoria also asked about a
traffic signal that is needed on FM 624. Mr. David Seiler, City Traffic Engineer, said that traffic
signal may be funded through the state highway safety funds. Mr. Shackelford added that the
proposed FY 1998-2000 City of Corpus Christi TIP would have to be integrated into a master list
which the MPO Policy Committee will ultimately approve. He said that beginning in FY 1998, the
amount of funding available to the MPO will probably be increased from about $3.4 million to $4.6
million per year.
Council Member Black said she was pleased to see that much-needed improvements to
McArdle were included in the TIP because it is a heavily traveled street. Mrs. Black also asked
about improvements to streets in the downtown area, and Mr. Shackelford said no funds were
identified for projects there other than the normal operating funds of the Street Department.
Responding to Council Member Heldenfels, Mr. Crull said that if a piece of property is being
platted and it is adjacent to a right-of-way that does not have pavement in it, then the city asks the
abutting developer to pay and construct half of that street. If, within that right-of-way there is an
existing roadway (county road section, etc.), the city only asks for an additional right-of-way
dedication to meet the urban transportation plan. However, through the voluntary paving program,
the city does assess a portion of the cost for reconstruction of streets to the abutting property owners.
Minutes
Regular Council Meeting
November 26, 1996
Page 12
A brief discussion ensued.
Dr. McNichols stated that there are many streets throughout Corpus Christi which need
repairs, and a few years ago members of the Administrative Analysis Committee examined the
possibility of implementing a street user fee, and he questioned whether that issue should be
revisited. Dr. McNichols also commented on the county road and bridge fee, and Mr. Hennings
pointed out that 85% of Nueces County's revenue for that fee is generated by residents of Corpus
Christi, and the County Commissioners choose not to spend those funds on streets in the city limits.
He agreed that a number of street improvement issues need to be addressed, and a strategy for the
future should be developed.
Mayor Rhodes suggested that she and the members of the Administrative Analysis
Committee meet with some members of the Nueces County Commissioners Court to discuss the
issue of the road and bridge fee.
Mrs. Longoria pointed out that the first two phases of improvements to Leopard Street were
included in FY 1997, and she emphasized the importance of programming the third phase into the
TIP at some point. Mr. Shackelford said a technically based rating system is being developed to help
prioritize the projects.
Mr. Martin suggested that the county road and bridge fees could be used to improve county
bridges, and MPO funds which had been allocated for county bridge projects could be freed up for
use on Corpus Christi projects. In addition, he suggested that before the city annexes property, staff
should approach county officials about spending the county road funds to improve those streets in
the area to be annexed at a later date.
Dr. Best asked that the members of the Administrative Analysis Committee report back to
the Council concerning their meeting with the county commissioners.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
5.a. M96-364
Motion endorsing recommended changes to the Kostoryz Road project and an amendment
to the FY 1997 Annual Element of the FY 1996-1998 Transportation Improvement Program;
providing for traffic signal improvements at various locations.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
Minutes
Regular Council Meeting
November 26, 1996
Page 13
5.b. M96-365
Motion endorsing the proposed FY 1998-2000 Transportation Improvement Program and
associated projects.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
* * * * * * * * * *
Mayor Rhodes called for a five-minute recess.
*
**
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 6, landfill gas extraction contract.
Mr. Tom Utter, Assistant City Manager for Development Services, explained that in May
staff had presented the first phase of the landfill gas extraction program. At that time, the Council
asked if there were any beneficial uses for the landfill gas, and staff proceeded, with the assistance
of the Environmental Protection Agency (EPA), to send out proposals. The proposed contract would
provide that Resource Technologies Corporation would evaluate the gas potential at the city's
landfill. If they conclude that it is a viable project, they would submit plans to install a full methane
recovery system at the landfill. At that time, they would also provide a irrevocable letter of credit
in the amount of $1.3 million, which is the estimated cost of this project. Of the energy that would
be generated from the gas extraction, Resource Technologies would provide the city 15% royalty.
Mr. Utter added that Central Power and Light has been involved in this project, and he
commended the efforts of city staff, including Mr. Joe West of Solid Waste Services, and Ms. Alison
Gallaway of the Legal Department.
Responding to Council Member Best, Mr. Utter said that while an estimate is difficult to
make, it is thought that gas extraction could continue for 15 to 30 years. He added that this contract
would include both the Elliott Landfill and the closed westside landfill, although staff does not
believe the westside landfill will be a viable portion of the project.
Council Member Martin said this was a great opportunity and staff deserved credit for the
proposal. He then asked if the city was required to perform gas extraction at the westside landfill.
Mr. Utter replied that it was not required because the westside landfill was closed prior to the
adoption of the Subtitle D regulations. Responding to another question from Mr. Martin, Mr. Utter
explained that Resource Technologies can "syndicate" the tax credits and sell them. Mr. Martin then
asked if this met the definition of co -generation. Mr. Utter said it does meet the definition, and CPL
Minutes
Regular Council Meeting
November 26, 1996
Page 14
would have to take alternative generation at their avoidance cost, which might be very low.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
6. M96-366
Motion authorizing City Manager or his designee to execute a contract with Resource
Technologies Corporation (RTC) for the construction of a landfill gas extraction, gathering
and conversion facility in consideration of the City's exclusive grant of landfill gas at the
premises to RTC and payment to the City of a percentage of gross sales of energy. The term
of the agreement is 10 years from the effective date with an option to extend for up to three
consecutive 5 -year periods subject to the City Manager's approval.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 7 through 16, and Council Members requested that Item
15 be withheld for discussion. Council Member Heldenfels stated that he would not be discussing
or voting on Item 11.
City Secretary Chapa polled the Council for their votes and the following were passed:
7. M96-367
Motion approving the purchase of five automatic external defibrillators from Physio -Control
Corp., Redmond, WA, in accordance with Bid Invitation No. BI -0043-97 based on the only
bid of $31,003.75 FOB destination, freight added. The defibrillators are budgeted in the
1996-97 Capital Outlay by the Fire Department/EMS as replacements.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
8.a. M96-368
Motion authorizing the City Manager or designee to execute a contract with Creative
Presentations, Inc. for the lease of the exhibit Backyard Monsters at a monthly rate equal to
50 percent of the total exhibit attendance revenue with a guaranteed minimum of $40,000.
Minutes
Regular Council Meeting
November 26, 1996
Page 15
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
8.b. M96-369
Motion authorizing the City Manager or his designee to convey all revenue from the extra
$2.00 admission fee to the Backyard Monsters Exhibit to the Friends of the Corpus Christi
Museum of Science and History ("Friends") in consideration for the "Friends" paying all
expenses related to the Backyard Monsters Exhibit.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
9. M96-370
Motion authorizing the City Manager or his designee to execute an agreement with LULAC
Village Park Apartments to provide $50,000 from the FY 96 CDBG Program to construct
a recreational/playground area at 1417 Horne Road.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
10.a. M96-371
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$515,952 from the U.S. Department of Justice, Bureau of Justice Assistance, for funding
eligible under the Local Law Enforcement Block Grants Program and to execute all related
documents.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
10.b. ORDINANCE NO. 022772
Ordinance appropriating a grant of $515,952 from the U.S. Department of Justice, Bureau
of Justice Assistance, in the No. 162 State and Federal Grant Fund to purchase a computer
backbone for mobile data terminals and automated vehicle location system; authorizing the
transfer of $57,328 from the No. 111 Trust Fund , and appropriating $57,328 in the No. 162
State and Federal Grant Fund as the grant match.
An emergency was declared and the foregoing ordinance passed by the following vote:
Minutes
Regular Council Meeting
November 26, 1996
Page 16
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
11. RESOLUTION NO. 022773
Resolution authorizing the City Manager or his designee to take the necessary actions to
establish an Impact Fee for the Master Plan Drainage Channel No. 31 Improvements;
scheduling a public hearing to receive comment on the adoption of land use assumptions and
impact fees; and appointing the Planning Commission as the Capital Improvement Advisory
Committee.
The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels abstaining.
12. RESOLUTION NO. 022774
Resolution endorsing two City Grant Applications and one from the Corpus Christi Beach
Association to the Coastal Management Program for improvement projects consistent with
the Corpus Christi Coastal Management Plan; and authorizing the City Manager or his
designee to submit the City's two applications.
The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
13. ORDINANCE NO. 022775
Ordinance appropriating $43,148.26 from the Estate of Mildred Sessions in the No. 111
Museum Trust Fund; amending Ordinance No. 22643 which adopted the FY 96-97 Budget
by adding $43,148.26 to the No. 111 Museum Trust Fund; and authorizing $43,148.26 to
the Friends of the Corpus Christi Museum of Science and History for the benefit of the
Museum.
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."
14. ORDINANCE NO. 022776
Ordinance amending the 1986 Neighborhood Streets Voluntary Paving Program to delete
certain Annaville Area No. 3 Neighborhood Streets, Phase 2 Project Improvements (Leonard
Drive from Mayfield Drive to Starlite Lane); amending Ordinance Nos. 021365 and 021742,
Minutes
Regular Council Meeting
November 26, 1996
Page 17
which appropriated funds for the Annaville Area No. 3 Neighborhood Streets Phase 2
Project, by allocating $600,000 to the Streets Capital Projects Fund Reserve Appropriation.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
16.a. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute an amendment to the 3 -year lease
with Corpus Christi Softball Association to provide softball programs at Jaycee Field (S.
Staples and Kostoryz) and Kiwanis Field (Timon Boulevard) authorized by Ordinance No.
022251, dated June 13, 1995, by changing the field locations from Jaycee and Kiwanis to the
Yellow and Green Fields at the Greenwood Softball Complex to allow the City to lease
Jaycee Field to CCISD for Girl's Fast Pitch Softball programs
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
16.b. ORDINANCE NO. 022778
Ordinance authorizing the City Manager or his designee to execute a one year lease with
Corpus Christi Independent School District (CCISD) to provide Girl's Fast Pitch Softball at
Jaycee Field (S. Staples and Kostoryz) in consideration of CCISD maintaining and
improving Jaycee Field.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
16.c. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a ten year lease with a ten year
option to renew with Corpus Christi Independent School District (CCISD) to provide girl's
fast pitch softball at Jaycee Field (S. Staples and Kostoryz) in consideration of CCISD
maintaining and improving Jaycee Field; and providing for publication.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
* * * * * * * * * * * * *
Minutes
Regular Council Meeting
November 26, 1996
Page 18
Mayor Rhodes opened discussion on Item 15, Corpus Christi MPO Unified Planning Work
Program.
Council Member Martin commented that the MPO was recently involved in an origin
destination survey, which he said was very poorly prepared.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
15. ORDINANCE NO. 022777
Ordinance appropriating a $1,009,300 grant from the Texas Department of Transportation
(TXDOT) for transportation planning and related activities including travel survey activities
to be undertaken by the Metropolitan Planning Organization; adding $1,009,300 to the No.
162 Federal/State Grants Fund.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes announced two closed sessions: Item 17.) pursuant to Texas Government
Code Section 551.071 regarding contract negotiations with Corpus Christi Fire Fighters Association
and related proceedings; and Item 18.) pursuant to Texas Government Code Section 551.071
regarding Charlie Lozano v. City of Corpus Christi, No. 92-0251-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 stated that staff from the
Corpus Christi Intemational Airport and the Greater Corpus Christi Business Alliance were working
with the airlines to improve their fares from Corpus Christi for flights to the west coast. He noted
that there would not be a Council meeting on December 3, 1996. Items scheduled for the December
10th Council meeting include: five zoning cases; adoption of the city's financial plan; monthly report
of the status of the Lake Texana pipeline project; and possibly amendments to the contract for the
factory outlet center.
Minutes
Regular Council Meeting
November 26, 1996
Page 19
In her report, Mayor Rhodes commented that there has been an ongoing problem with the
condition of the restrooms at city facilities on Shoreline and at Kid's Place in Cole Park. She said
she also wanted to schedule a closed session during the next Council meeting to discuss Municipal
Court fine collection. The Mayor asked Mr. Hennings to commend Ms. Bonnie Allin, Director of
Aviation, on the much -improved condition of the restrooms at the airport.
Mayor Rhodes called for Council concerns and reports.
Council Member John Longoria asked about a proposed participation agreement with a
Corpus Christi Independent School District elementary school. Mr. Hennings said it was a routine
development agreement whereby the school district will be constructing a new school. Mr. Longoria
said he also hoped that a discussion of the crime initiative would not be postponed. Mr. Hennings
said staff would abide by the schedule.
Mayor Rhodes called for petitions from the audience, and there were none.
There being no further business to come before the Council, Mayor Rhodes declared the
Council meeting adjourned at 6:00 p.m. on November 26, 1996.
* * * * * * * * * * * *
*