HomeMy WebLinkAboutMinutes City Council - 04/08/1997I 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 April 8, 1997, which were approved by
the City Council on April 15, 1997.
WITNESSETH MY HAND AND SEAL, this 15th day of April, 1997
Armando Chapa
City Secretary
SEAL
MICRUFILMEU
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
April 8, 1997
2 p.m.
PRESENT
Mayor Mary Rhodes
Mayor Pro Tem Edward Martin
Council Members:
Dr. Jack Best
Betty Black
Melody Cooper
Tony Heldenfels
Betty Jean Longoria
John Longoria
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 Council Member Best, following which the Pledge of
Allegiance to the flag of the United States was led by Matt Crow and Charlotte English, first grade
students from St. James Episcopal School of Corpus Christi.
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 March
25, 1997, and there being no corrections, she proclaimed them approved as presented.
* * * * * * * * * * * * *
Mayor Rhodes referred to the presentations on the day's agenda. First, the Mayor read a
proclamation designating April 8, 1997, as "Project Redirectory Day" in Corpus Christi. Mr. Andres
Leal, Director of Solid Waste Services, introduced Mr. Jeff Jung, of Southwestern Bell Telephone.
Mr. Jung said this is the sixth year that Southwestem Bell is participating in Project Redirectory, the
purpose of which is to recycle telephone directories to save landfill space and reduce the demand for
virgin timber. He said since this project began, over 200,000 tons of paper has been recycled. The
Council members then deposited their telephone directories into a city recycling bin.
Mr. Jung introduced Mr. John Bretz, Area Manager for Southwestern Bell Yellow Pages,
who presented to the city a framed copy of this year's cover of the telephone directory, depicting in
a montage the accomplishments of Dr. Hector P. Garcia.
Minutes
Regular Council Meeting
April 8, 1997
Page 2
Mayor Rhodes presented certificates of commendation to faculty and students of Tom
Browne Middle School for their participation in a water efficiency project. Ms. Yolanda Marruffo,
Administrative Assistant in the Water Department, explained that a major part of the city's water
conservation program focuses on classroom education. She said that nearly 300 students at Tom
Browne installed a water savings kit in their home, monitored their family's water use, and prepared
a report of their findings. The cumulative savings amounted to 20,000 gallons of water saved per
week. Attending the Council meeting to accept the certificates were Mr. Raymond Davis, Principal
of Tom Browne Middle School, Ms. Karen Del Rio and Carol Billings, eighth grade science
teachers, and 58 Browne Middle School students.
Council Member Cooper, Chairperson of the Mayor's Task Force on Youth Violence,
distributed a total of $8,000 in grants to grassroots organizations involved in helping youth. She said
the majority of the funds were donated by attorneys. The organizations which received grants of
$1,000 each were: American Little League, Campaign for Children, Community Center Youth
Council, Corpus Christi Young Marines, Homies in Christ, NAACP Youth Council, Southside Gulf
Coast Girls Fastpitch League, and Street City Youth Outreach.
*************
Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and
the following appointment was made:
Civil Service Board and Commission
Rixio Medina
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 3, concerning the general election and the runoff
election for the City Council.
The Mayor stated that she and City Secretary Chapa had the election results available in order
to canvass the returns of any specific precincts. A Council member requested that the returns from
Precinct 65 be verified, which the Mayor and Mr. Chapa did; there were no discrepancies.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
3.a. ORDINANCE NO. 022884
Ordinance canvassing returns and declaring the results of the General Election held on April
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Regular Council Meeting
April 8, 1997
Page 3
5, 1997, in the City of Corpus Christi, for the purpose of electing the Mayor and Council
Members.
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."
3.b. ORDINANCE NO. 022885
Ordinance ordering a runoff election to be held on April 19, 1997 in the City of Corpus
Christi for the election of Mayor and Council Member District 2; designating polling place
locations; enacting provisions incident and relating to the subject and purpose of this
ordinance.
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 discussion on Item 4, effluent diversion demonstration project.
Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, explained that a
previous wastewater planning study concluded that it may be beneficial to redirect wastewater flows
from their current outfalls into the Nueces Estuary instead, which would provide beneficial nutrients
in the estuary. In 1994, such a effluent diversion pilot project was included in the capital
improvements program.
Referring to an aerial photograph of the Nueces Estuary, Mr. Crull said that effluent from
the Allison Wastewater Treatment Plant currently discharges into the Nueces River. The proposed
project would provide a lift station and a pipe underneath the Nueces River to a dispersal area
adjacent to the railroad tracks and into the estuary. He said permits had to be acquired from the
Corps of Engineers and the Texas Natural Resource Conservation Commission (TNRCC), which
took some time. There were also problems with access to the site, but an access easement has been
negotiated with the owner of the adjacent property. Mr. Crull said staff is recommending the
appropriation of additional funds because this project was a little more expensive than they
anticipated. They are also recommending the approval of the contract to West Oaks Constructors Inc.
and execution of the access easement.
Council Member McNichols asked what other projects West Oaks Constructors has
completed for the city. Mr. Crull replied that the company completed the Saky Street lift station and
Minutes
Regular Council Meeting
April 8, 1997
Page 4
force main renovation project on time. Staff also received good recommendations from the City of
Houston for work they had done there.
Dr. McNichols also asked if there were any environmental concerns to consider with this
project. Mr. Crull said the Nueces River will be crossed using directional drilling; in addition, a
caliche road leads to the site which will not involve environmental damage in that respect. He added
that the planning study recommended a five-year monitoring period, and the city has entered into
an agreement with the University of Texas Marine Science Center for the first year of monitoring.
He said the monitoring period should be reassessed as the project gets underway. Mr. Crull also
briefly discussed the monitoring process and projected water savings.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
4.a. ORDINANCE NO. 022886
Ordinance appropriating $125,000 in accumulated interest earnings from the No. 205 Water
Capital Projects Fund; amending Ordinance No. 022742, which adopted the FY 96/97
Capital Budget by adding $125,000 to the No. 205 Water Capital Projects Fund as
supplemental funding for the Allison Wastewater Treatment PlantlNueces Estuary Effluent
Diversion Demonstration Project.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting
"Aye"; Cooper absent.
4.b. M97-073
Motion authorizing the City Manager or his designee to execute an Access Easement valued
at $15,000 with Mr. John S. McGregor for access over a 20 -foot wide road for the purpose
of constructing and operating a dispersal facility.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent.
4.c. M97-074
Motion authorizing the City Manager, or his designee, to execute a contract in the amount
of $825,621 with West Oaks Constructors, Inc. for construction of the Allison Wastewater
Treatment Plant/Nueces Bay Effluent Diversion Demonstration Project.
Minutes
Regular Council Meeting
April 8, 1997
Page 5
The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 5, lease agreement with Conquest Airlines.
City Manager Hennings said this item is a standard lease renewal being undertaken for all
of the airlines at the Corpus Christi International Airport; however, this case involves Conquest
Airlines, which is in bankruptcy and reorganization. He said city staff has been negotiating with
Conquest staff to structure an agreement that would best position the city in case Conquest goes into
liquidation. He said city staff is hopeful the airline will sign the lease, and staff may be proposing
some amendments to the lease prior to second reading of the ordinance in four weeks.
In response to Council Member McNichols, Mr. Hennings said city staff had been
negotiating for some time with the Airline Committee (which consists of representatives of the
airlines that serve the city's airport) on the format of the new lease agreement. He noted that there
was a proposed lease agreement with American Eagle on the day's agenda which, when finally
approved, would finalize the five-year agreements with all the airlines (with the exception of
Conquest Airlines).
Dr. McNichols questioned why there was a time lag in getting the leases approved by the
airlines. Ms. Bonnie Allin, Director of Aviation, explained that it was a matter of gathering the
members of the Airline Committee together to meet. She added that there were no problems with
the negotiations.
Council Member Heldenfels asked why the two leases on the day's agenda were to execute
"approximately" a five-year lease. City Attorney Bray explained that the lease term was for a little
less than five years.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
5. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute approximately a five-year lease
ending December 31, 2001 with Conquest Airlines Corporation for ticket counter space,
office 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; specifying that lease rents, fees, and charges are adjustable annually
based on a fixed formula; and providing for publication.
Minutes
Regular Council Meeting
April 8, 1997
Page 6
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent.
* * * * * * * * * * * * *
Prior to opening the public hearing on Item 6, Mayor Rhodes asked if Item 7 was being
postponed. Mr. Hennings replied that since the extraordinary vote rule is in effect prior to the new
City Council being seated, the Council had instructed staff to ask each of the applicants if they
wished to have their zoning cases postponed. He said Mr. Zeke Serna, the applicant for Case No.
397-1, had asked that his zoning case be postponed until the new Council is seated on April 22,
1997.
The Mayor then opened the public hearing on the following zoning case:
6. Case No. 297-4. ADHUB. L.L.C.: A change of zoning from an "I-2" Light Industrial
District to an "I-3" Heavy Industrial District on Industrial Heights Section 2, Block 2, Lots
1 and 2, located on the west side of Corn Products Road, approximately 850 feet south of
Leopard Street.
Mayor Rhodes said the 20% rule was in effect, which she asked Mr. Brandol Harvey,
Director of Planning and Development, to explain. He said state law requires the city to notify
people who own property within 200 feet of the subject property. If those who control 20% of that
area oppose a rezoning, it takes a three-quarters vote of the Council to change the zoning. He said
the same holds true for the subject zoning case itself: if owners controlling 20% of the property being
rezoned object, it would also take three-quarters vote of the Council to change the zoning. The
Mayor said the Planning Commission and staff recommended approval of Case No. 297-4.
Mr. Harvey explained that the subject property, which consists of about 331/2 acres, is located
on Corn Products Road and is currently zoned "I-2," as is all of the adjacent property and most of
the property in that area. The original rezoning request was for "I-3" to accommodate a hazardous
waste holding plant. Under that proposal, if the property was rezoned "I-3," the case would also
have to have an objectionable use review by the Zoning Board of Adjustment (ZBA).
Mr. Harvey said that at the first public hearing before the Planning Commission, there was
substantial public discussion specifically about the hazardous waste proposal, which was ultimately
withdrawn. However, the applicant did wish to pursue the zoning case, and his second proposal was
to accommodate a metals fabrication plant that would support the local refineries. He said
depending on the type of metals fabrication, it is allowed under the current "I-2" zoning, although
the applicant felt that "I-3" zoning would be needed for the type of metals fabrication use being
proposed. Mr. Harvey said that in order for a property owner to be granted an objectionable use, the
ZBA must determine that adjacent properties and health, safety and welfare are not adversely
Minutes
Regular Council Meeting
April 8, 1997
Page 7
impacted.
Mayor Rhodes reiterated that the applicant was not requesting the objectionable use at this
time, but he was requesting a change of zoning to "I-3." Mr. Harvey then referred to a video and
maps of the subject and adjacent properties, which he described. He said the area development plan
recognizes that area as an industrial area and calls for industrial zoning. He said the policy
statements call for small-scale "I-3" zoned tracts which would not be limited just to "refinery row."
The Mayor asked if the applicant could operate a metals fabrication company with the current
"I-2" zoning, and Mr. Harvey said it depended on the type of metals fabrication being proposed.
Responding to Council Member Betty Jean Longoria, Mr. Harvey said there were other
pieces of "I-3" property near the subject property. Mrs. Longoria said several people have expressed
concern about the location of "I-3" property south of IH -37 and south of Leopard Street, and she
shared their concern.
In reply to Council Member Martin, Mr. Harvey said the Planning Commission did not vote
on the proposed hazardous waste use, but the tone of that public hearing was that the citizens were
opposed to it. Mr. Martin pointed out that when property is rezoned, different uses are allowed
under that zoning classification, and the hazardous use issue has to be determined by the Zoning
Board of Adjustment. He asked if, as long as the business did not have an objectionable use, "I-2"
with a special permit could accommodate any type of metals fabrication, and Mr. Harvey said that
was correct.
Council Member McNichols asked if anyone was planning to build a sexually oriented
business on the subject property, and Mr. Harvey said that staff was not aware of any such plans,
adding that that use would require "I-3" zoning. He reiterated that there are "I-3" uses which are
allowed as a matter of right, and there are other uses that are considered objectionable uses that
require the additional approval of the ZBA. Mr. Harvey added that the beneficial aspect of a special
permit is that it could address specifics of a proposed use, including physical layout, access, buffer
yards, etc., and if that use stops, then the base zoning is applicable.
Replying to a question from Council Member John Longoria, Mr. Harvey said that if the
property was rezoned "I-3" and if at some time in the future the applicant wished to propose an
objectionable use, there would have to be a public hearing before the Zoning Board of Adjustment.
In response to Council Member Black, Mr. Harvey said the case before the Council was a
request for a rezoning to "I-3," which is not necessarily use -specific.
Council Member Heldenfels said he did not object to the rezoning request.
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Regular Council Meeting
April 8, 1997
Page 8
Mr. Clark Flato, 500 N. Water, said he was representing the applicants, Mr. Robert Adler and
Mr. John Hubbard. He said the initial application regarded the All Waste facility, which is currently
located in Clarkwood. He said that due to extensive objection at the public hearing, the
representatives of All Waste said they would not proceed with their proposal. Mr. Flato said the
applicants' request for rezoning to "I-3" now concerns the possibility of opening a facility to build
heavy oil -related equipment, which would not entail the use of hazardous materials. Mr. Flato went
on to describe historical and current uses of the properties in that area, as well as some of the
business ventures of the applicants.
Responding to Mayor Rhodes, Mr. Flato said the applicants showed the Director of Aviation
the plat and plans for the proposed business to ensure that it did not conflict with the airport's
existing or anticipated operations.
Mr. Harvey said that if the proposed use is to construct derricks and structures that weigh
more than five tons, then "I-3" zoning would be required.
Referring to comments Mr. Flato had made, Mr. Martin clarified that a special permit could
be granted for the subject property for all permitted "I-3" uses except certain uses that would be
specified; therefore, a site plan would not be required in this case. Dr. McNichols added that the
special permit could be structured to accommodate future growth on the property while still
specifying certain set -backs.
Mr. Robert Adler, President of ADHUB, L.L.C., said he would never allow any company
to come onto his property that would contaminate it or create a hazard. He said he was not
proposing to open a sexually oriented business or a hazardous waste business, and he would support
"I-2" zoning with a special permit.
Mr. William Brumley, 6105 Leopard, said he had strongly opposed the original proposal for
a hazardous waste holding plant. Now that the proposed use has changed, he said he also would
support a special permit for the existing "I-2" zoning as long as it specified that hazardous materials
would not be allowed.
Mr. Marty Berry, of Basic Equipment Company, which owns property in the area, said he
opposed the rezoning request for "I-3" but he would support the special permit with "I-2" zoning.
Mr. Jim Anderson, of Anderson Machinery Company, said he would support a special permit
for a specific use as expressed by the previous speakers.
Mr. Charles V. Walker said he vehemently opposed the rezoning request. Mayor Rhodes
asked if he would support a special permit on the "I-2" property, and Mr. Walker said he might if
there was a site plan and if he knew what the proposed use would be.
Minutes
Regular Council Meeting
April 8, 1997
Page 9
Mr. Leon Perez said the city needed more businesses which provide jobs.
Council Member Betty Jean Longoria made a motion to close the public hearing, seconded
by Council Member Heldenfels, and passed unanimously.
Mr. Martin said staff should design a special permit that would be reviewed by the applicants
and those who objected under the 20% rule that could accomplish the Council's wishes. Mr. Martin
made a motion to table this zoning case to next week's Council meeting; the motion was passed
unanimously.
In response to Mrs. Longoria, Mr. Harvey said there were many businesses with "I-3" uses
that only need a small amount of land in which to operate. Mr. Martin pointed out that special
permits could be used to allow for such small businesses to operate
POSTPONED
Amcnding the Zoning Ordinancc upon application by ADIIUB, L.L.C., by changing the
Zoning Map in rcfcrcncc to Industrial I Icights Scction 2, Block 2, Lots 1 and 2 from "I 2"
Light Indust.:al Di3t.iet to "I 3" Ileavy I..duat.:al D:A.:tt, Y.uv;d:,,g-fr„ pub' icat:.,.r
*************
Mayor Rhodes opened the public hearing on the following zoning case:
7. Case No. 397-1. Zeke Serna: A change of zoning from an "AB" Professional Office District
to a `B-1" Neighborhood Business District on Lena Pearse Addition, Block 1, Lot 2, located
on the southeast corner of Fannin and Ayers Streets.
Council Member Martin made a motion to table this zoning case until April 22, 1997,
seconded by Council Member Betty Jean Longoria, and passed unanimously.
POSTPONED
Map in rcfcrcncc to Lcna Pcarse Addition, Block 1, Lot 2 from "AB" Profcssional Office
Dist.:ct to "B 1" Neighborhood Buai..ess District; providing -fors lieatioi..
* * * * * * * * * * * * *
Mayor Rhodes opened the public hearing on the following zoning case:
Minutes
Regular Council Meeting
April 8, 1997
Page 10
8. Case No. 397-2, Jose Guadalupe Fernandez: A change of zoning from an "R -1B" One -family
Dwelling District to a "B-1" Neighborhood Business District on Highway Village No. 2,
Block 11, being the south portion of Lot 10, located on the north side of Mobile Drive,
approximately 100 feet west of Robby Drive.
Mayor Rhodes said the 20% rule was in effect, and the Planning Commission and staff
recommended approval of the zoning change. No one appeared in opposition to the zoning change.
Council Member Best made a motion to close the public hearing, seconded by Council Member
Betty Jean Longoria, and passed unanimously.
Responding to Council Member Martin, Mr. Harvey stated that Villa Residential Care
located to the south of the subject property had sent a letter of opposition to the zoning change. At
the Planning Commission public hearing there was some discussion about their concerns. Villa
Residential Care then received a notice about the Council public hearing on this case, and they did
not send a notice of opposition, but they did not withdraw their original opposition and they were
the only adjacent property owner to object.
Mr. Martin asked about the uses of the property to the west and east of the subject property,
and Mr. Harvey said they were single-family residences. Mr. Martin asked if this zoning request was
to legitimize the existing parking lot behind Taqueria Guadalajara, and Mr. Harvey said it was. Mr.
Martin said that the Council could grant the use for a parking lot with a special permit, and then deal
with the rezoning of the property in the future when the neighborhood has begun to transition from
residential use. Mr. Harvey said from the staff's and Planning Commission's point of view, this
rezoning and the disparity in uses is not as great as some other zoning cases. He said "B-1" is
designed to be allowed next to and within residential areas
City Secretary Chapa polled the Council for their votes as follows:
ORDINANCE NO. 022887
Amending the Zoning Ordinance upon application by Jose Guadalupe Fernandez, by
changing the Zoning Map in reference to Highway Village No. 2, Block 11, being the south
portion of Lot 10 from "R -1B" One -family Dwelling District to "B-1" Neighborhood
Business 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."
* * * * * * * * * * * * *
Minutes
Regular Council Meeting
April 8, 1997
Page 11
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 9 through 23, and Council Members requested that
Items 13 and 15 be withheld for discussion.
City Secretary Chapa polled the Council for their votes and the following were passed:
9. M97-075
Motion approving a supply agreement for approximately 893 replacement batteries for
Ericsson G.E. portable radios in accordance with Bid Invitation No. BI -0107-97 with Battery
Network, McHenry, IL., based on the low bid of $50,821.05. 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. Funds have
been budgeted by the using departments for FY 96/97.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent.
10. M97-076
Motion approving a purchase of 30 vehicle detection cameras and 2 vehicle detection
systems from the following companies for the following amounts, in accordance with Bid
Invitation No. BI -0098-97 based on low bid for a grand total of $81,580.50. These cameras
and systems will be used by Street Services. Funds are budgeted in FY 96/97 by Street
Services.
Gillard, Inc. Econolite Control Products, Inc.
Corpus Christi. Tx. Tomball. Tx
Vehicle Detection Cameras Vehicle Detection Systems
$41,854.50 $39,726.00
Grand Total - $81,580.50
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent.
11. M97-077
Motion approving a supply agreement for approximately 2,700 tons of pebble calcium oxide
in accordance with Bid Invitation No. BI -0072-97 with APG Lime Corp., New Braunfels,
Texas, based on low bid, for an estimated annual expenditure of $132,705. The term of the
contract will be twelve months with an option to extend for up to two additional twelve-
month periods subject to the approval of the supplier and the City Manager or his designee.
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Regular Council Meeting
April 8, 1997
Page 12
This chemical is used by the Water Department for the treatment of our water supply. Funds
have been budgeted in FY 96/97.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent.
12. M97-078
Motion approving a supply agreement with Centerline Ind. Inc., Ennis, Tx., in accordance
with Bid Invitation No. BI -0112-97, for approximately 13,000 gallons of pavement marking
paint based on low bid for an estimated annual expenditure of $72,430.00. The term of the
agreement shall be for twelve months with an option to extend for up to two additional
twelve month periods, subject to the approval of the supplier and the City manager or his
designee. Funds are budgeted in FY 96-97 by Street Services.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent.
14. M97-080
Motion approving Change Order No. 7 in the amount of $243,757.75 to Abhe & Svoboda,
Inc. for modifications to the electrical system, painting of 60 crest gate operators, shafts,
hoists, etc., and two (2) temporary bulkheads in connection with the Wesley Seale Dam
Spillway Crest Gate and Sluice Gate Rehabilitation Project.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent.
16. M97-082
Motion authorizing the City Manager or his designee to execute a contract in the amount of
$74,850 to Industrial Service USA for the Wastewater Clean-out Installation Program -
1996/97.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent.
17. M97-083
Motion authorizing the City Manager or his designee to execute a contract in the amount of
$36,700 to COF Corporation for the Whitecap Wastewater Treatment Plant Bulkhead Repair.
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Regular Council Meeting
April 8, 1997
Page 13
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent.
18.a. M97-084
Motion approving the reimbursement application submitted by Paul P. Swetish, owner and
developer of Cedar Grove Subdivision, Lot 15, Block 1, for the installation of 78.5 linear feet
of an off-site 8 -inch PVC sanitary sewer collection line extension with oversized
improvements.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent.
18.b. ORDINANCE NO. 022888
Ordinance appropriating $5,375.85 from the unappropriated balance in the No. 145 Sanitary
Sewer Collection Line Trust Fund to pay Paul P. Swetish's developer reimbursement
request for installing off-site sanitary sewer improvements to develop Lot 15, Block 1, Cedar
Grove Subdivision.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting
"Aye"; Heldenfels absent.
19.a. ORDINANCE NO. 022$89
Ordinance appropriating $45,000 from the unappropriated fund balance in the No. 245
Airport Capital Projects Fund; amending the FY 96/97 Capital Budget, adopted by
Ordinance No. 022742, to add the Runway 13/31 Repairs/Drainage project to the Airport
Program and to add $45,000 to the No. 245 Airport Capital Projects Fund as funding for
engineering design services and incidental expenses related to the project.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting
"Aye"; Heldenfels absent.
19.b. M97-085.
Motion approving Amendment No. 11 to the Contract for Engineering Services with Russell-
Veteto Engineering, Inc. in the amount of $43,520 for preliminary design phase services
associated with the Runway 13/31 repair/drainage project at the Corpus Christi International
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Regular Council Meeting
April 8, 1997
Page 14
Airport, for a new contract total of $929,895.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent.
20. FIRST READING ORDINANCE
Amending the Code of Ordinances, by amending Chapter 17, Finance and Taxation, Article
I, Section 17-6, Insurance on Private Vehicles Used by City --Required, to provide that the
City Manager is authorized to execute such instruments as are necessary for the City to self -
insure privately owned motorcycles operated by police officers during the performance of
their duties or during approved off-duty assignments.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent.
21. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute approximately a five-year lease
ending December 31, 2001 with Simmons Airlines, Inc. dba American Eagle Airlines, Inc.
for ticket counter space, office space, gate space, apron space, and joint use of the baggage
claim space and other common areas at Corpus Christi International Airport in consideration
of payment of fees that total $4.06 per enplaned passenger and are adjusted annually based
on a fixed formula; providing for publication.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent.
22. FIRST READING ORDINANCE
Amending Code of Ordinance 2-75; Membership; Terms and Filling Vacancies, to change
the number of Library Board members from 12 to 10; and providing for severance.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent.
23. ORDINANCE NO. 022890
Authorizing the City Manager or his designee to execute a sixty -year Lease Contract with
Dr. Luke Underhill, DDS, to construct, install, occupy and maintain an all steel and concrete
open air balcony and a canopy structural system within a 10 -foot wide concrete sidewalk that
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Regular Council Meeting
April 8, 1997
Page 15
is part of the Peoples Street right-of-way (ROW) at 415 Peoples Street; Underhill must pay
$395.93 for the first five (5) year lease payment; and providing for publication.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels
absent.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 13, cost allocation plan.
Responding to Council Member McNichols, City Manager Hennings said that in 1992 the
city advertised for proposals for the preparation of a full -cost plan and an A-87 plan. David M.
Griffith and Associates Ltd. (DMG) submitted the only proposal and has been preparing the plan
since then. He said staff was recommending that the city issue requests for proposals to let other
firms compete for this work. He added that there are only a few firms which specialize in this work,
and there are no local companies which do so.
Council Member Martin asked about the size of the contract. Mr. Hennings replied that it
is $20,000. Mr. Martin asked if staff was satisfied with DMG's performance, and Mr. Hennings said
they had done a good job but they were not the only firm that performed this work.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
13. M97-079
Motion authorizing the City Manager to solicit proposals from out-of-town consultants for
those professional services required to prepare an A87 Cost Allocation Plan, Full Cost
Budget Plan, and Internal Service Fund Allocations.
The foregoing motion passed by the following vote: Rhodes, Best, Black, B. Longoria, J.
Longoria, Martin, and McNichols voting "Aye"; Cooper and Heldenfels absent.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 15, well rehabilitation.
Council Member McNichols asked when the city's wells come on line, and how much
additional water they supply. Mr. Crull said that since last fall, the city has been operating about
eight wells at a time, which produce about 8 million gallons per day (MGD). Dr. McNichols pointed
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Regular Council Meeting
April 8, 1997
Page 16
out that the operation of the wells has not had a major impact on the area's total water supply
because it is still at about 30% of capacity.
Mr. Crull explained that as the fresh water is pumped out of the aquifer, salt water intrusion
results and the water quality of the wells deteriorates. He said the Trans -Texas Study identified the
well system as an affordable but short-term water supply for those reasons.
Mayor Rhodes called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
15. M97-081
Motion to award a construction contract in the amount of $115,640 to Layne -Texas (a
division of Layne Inc.) for the rehabilitation of Corpus Christi Well No. 1, Corpus Christi
Well No. 4 and Boy Scout Well.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent.
* * * * * * * * * * * * *
Mayor Rhodes announced the closed session, pursuant to the Texas Government Code,
Section 551.071, regarding the following matters: Onesimo Cruz, et al v. City of Corpus Christi et
al, Case No. 89-4954-0, 105th District Court, Nueces County, Texas; Pascual J. Arnal and the
Corpus Christi Police Officers Association v. City of Corpus Christi, Case No. 95-5591-H, 347th
District Court, Nueces County, Texas; and Betz v. City of Corpus Christi, Case No. 93-177-C, 94th
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 announced that there
would be a public ceremony to kick off construction of the Lake Texana pipeline at the Bayfront
Plaza Convention Center at 1:30 p.m. Friday, April 11. He then asked Mr. Crull to update the
Council on the status of the area's water supply.
Mr. Crull said that from April 1-8, about 10,000 acre-feet of inflow was received into the
reservoirs, resulting in an increase in the total capacity from 29.4% to 31.4%; last year the reservoirs
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Regular Council Meeting
April 8, 1997
Page 17
were at 37% of capacity. He added that salinity levels in Nueces Bay dropped after a heavy rain last
week, but they have increased again, and it did not appear that the city would qualify for the salinity
credit.
Mr. Hennings reported that on April 30th, the TNRCC will hear the city's request to change
the operating order for the lakes so that the city would not have to release water to the estuary during
a drought. He said city staff plans to make a strong presentation during that meeting in Austin, and
they anticipate opposition from the TNRCC staff and the Texas Parks and Wildlife Department. On
the other hand, he said, the city does have support from others. The Commission Chairman has
recused himself from that discussion, so only two Commissioners will be making that decision.
City Attorney Bray discussed the Central Power and Light (CPL) rate case. The Public
Utility Commission (PUC) has stated its intentions, but there will be opportunities for parties to file
motions for rehearings. He said the thrust of the decision is that, whereas CPL was asking for about
a $70 million increase in rates (which were bonded in about a year ago), the PUC actually is
reducing rates by about $20 million, which will have a retroactive effect, resulting in rates being
about 13.5% lower than current rates. He noted that the City Council had authorized Corpus Christi
to participate with the group of cities within CPL's territory in this rate case.
Mr. Hennings referred to news stories about the Lighthouse Restaurant's lease. He said they
are now into the default procedure under the lease, and the lessee is requesting an amendment to the
lease. That proposal was discussed by the Water/Shore Advisory Committee recently, which did not
support it. He said the proposal is scheduled to be discussed by the Council on April 29th.
Related to that issue, Mr. Hennings said the marina bait stand's lease expires in May, and the
bait stand's structure is deteriorated and needs to be replaced. He said staff will be recommending
that the city construct a new bait stand facility and extend the lease with the present operator through
the construction period, at which time the Council would decide whether to negotiate a new lease
with that operator or request proposals for a lease for the operation of the bait stand. Mr. Hennings
said he met with the operator and discussed this issue. It was his understanding that there was no
disagreement about that approach, and the operator may make some different proposals about
expanding the food and beverage component of the business.
Mr. Hennings said the default procedure is also in place with the Frost Brothers building. The
target date for construction on that project was December 1996 and the current owner is in the
process of selling her interest to an organization from Dallas. He said they are preparing to ask the
Council to approve the sale to the new owners and implement a new construction schedule.
Mr. Crull also updated the Council on the construction yards located on the Louisiana
Parkway. He said Council Member Black and several city staff members met with several residents
about that issue. In addition, the legal staff prepared an opinion concerning construction vehicles
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Regular Council Meeting
April 8, 1997
Page 18
in and around Louisiana Parkway; and Mr. Malcolm Matthews, Director of Park and Recreation, met
with residents to discuss the possibilities of improvements to the parkway once the construction
yards are removed upon completion of the Del Mar project.
Referring to the legal opinion, Mr. Bray said the first ordinance pertained to vehicles on
parks, parkways and medians. He said Mr. Michael Scanlon, Assistant City Attorney, researched
the history of that ordinance, and it basically does not prohibit use of the parkway area (which is part
of the right-of-way) for temporary use for construction within the neighborhood. The second
ordinance prohibits trucks of a certain size from being on certain areas, including Louisiana Avenue,
Ocean Drive, and Shoreline Boulevard. That ordinance is in conjunction with another ordinance that
prohibits those size of vehicles from being on any residential street other than arterial streets. He
said it is the Legal Department's opinion that it is not the intention of those ordinances to prohibit
trucks from being present with respect to a street construction project. If the ordinances were
construed that way, it would create the unreasonable result that construction projects could not be
undertaken on residential streets in the city.
* * * * * * * * * * * * *
In the Mayor's update, Mayor Rhodes said she would reappoint Suzel Mendieta and Len
Brandrup to the Housing Authority board. In addition, Augustin Rivera Jr. has resigned from that
board. She said out of deference to the new Mayor who will be seated in two weeks, she will not
make that appointment but let the new Mayor do so.
Mayor Rhodes then called for Council concerns and reports.
Council Member John Longoria said the Crosstown Expressway has been repaired recently
but it continues to deteriorate, as does Padre Island Drive at Greenwood. He said there was flooding
last week in the Los Encinos neighborhood, and a neighborhood meeting is planned for April 8th.
Mr. Hennings said he and Ms. Jo Ann Dominguez, of the Housing and Community Development
Department, are planning to attend.
Mr. Longoria also discussed the need for a single spokesperson in the city who can address
the Council members' and citizens' concerns, and he talked about increased debris in city ditches.
He suggested that staff prepare an analysis of the cost of adding more police officers, and he
discussed the possibility of postponing the status report on the Lake Texana project until the new
Council is seated April 22nd.
Council Member Martin commended City Secretary Chapa and the staff of the City
Secretary's Office for their work on the April 5th Council election. Mr. Martin referred to the CPL
rate case, asking if the reduction in expenditures would more than offset the loss in revenue. Mr.
Hennings said he thought it would be close, but that will be determined.
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Regular Council Meeting
April 8, 1997
Page 19
Council Member Best also complimented the City Secretary's Office for their efforts with
the election. He asked if the salinity credits were realistic, and Mr. Crull replied that the salinity
levels are attainable but not on a regular basis. Mr. Hennings added that it takes a substantial amount
of fresh water inflows to reach the salinity levels that have been set.
Dr. Best said he had also heard that chicken wire had been placed over some downtown
drains which contributed to flooding in the downtown area last week. Mr. Hennings said there was
a chicken wire screen on the storm inlets at Chaparral and William streets to prevent the dumping
of garbage in the storm sewers. He said the business operators in that area had been complaining
about odors, and it was determined that at least one of the restaurants was dumping garbage down
the storm inlet. He said that may have contributed to some water blockage, but it was not the reason
for the flooding, which was caused by the torrential rain that fell within a short period of time.
Dr. Best also asked about the status of the factory outlet mall. Mr. Hennings said the
developers have placed cash on deposit, and they have a construction schedule they must meet in
order to not lose their deposit. Dr. Best urged that the entrance road into the airport be improved.
Council Member Betty Jean Longoria echoed Mr. Longoria's comments about the need for
information about the cost of additional police and other city services that will be helpful to the new
Council members. She said she had received calls about flooding in different areas, including in the
Gateway mobile home park, Eastgate, and Rolling Acres. She also requested information
concerning the primary health care center on the westside.
Council Member Black said she had received calls about the flooding in the downtown area,
and she asked how that could be prevented in the future. Mr. Hennings explained that the
downtown area drainage system was originally designed to drain by gravity, but it was updated to
include a pumping system up to a certain capacity. He said drainage is a much bigger problem in
other communities than it is in Corpus Christi.
* * * * * * * * * * * * *
Mayor Rhodes called for petitions from the audience.
Ms. Sarah Hanby -Skinner, 450 Louisiana Ave., said the residents were told that the issue of
construction yards on the parkway would be on the day's agenda, and it was not. Mayor Rhodes said
the residents chose to come to the Council meeting last week where the issue was discussed. Ms.
Hanby -Skinner said the city acted in bad faith when the construction yards were paved last Monday
prior to the Council meeting. She said the residents' homes are altered by the presence of the yards,
and she disputed the construction time frame described by city staff. She said the residents are
preparing a petition regarding this issue.
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Regular Council Meeting
April 8, 1997
Page 20
The Mayor said staff admitted there should have been more notification to the residents prior
to the building of the construction yards on the parkway, but the yards will not be removed. She said
that although staff makes mistakes, they do not purposefully mislead the citizenry.
Mr. Frank Beck, Vice Chairman of the Water/Shore Advisory Committee, asked about Mr.
Hennings' comments concerning the committee's action with regard to the Lighthouse Restaurant
lease. Mr. Hennings said he told the Council that the lessee, Mr. Harrison, did not receive support
from the Water/Shore Advisory Committee. Mr. Beck said the committee had opposed the proposal
by a vote of 7-2 and there were many citizens who had attended that meeting.
There being no further business to come before the Council, Mayor Rhodes declared the
Council meeting adjourned at 5:30 p.m. on April 8, 1997.
* * * * * * * * * * * * *