HomeMy WebLinkAboutMinutes City Council - 09/23/1997I 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 September 23, 1997, which were approved
by the City Council on September 30, 1997.
WITNESSETH MY HAND AND SEAL, this 30th day of September, 1997
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
September 23, 1997
2 p.m.
PRESENT
Mayor Loyd Neal
Mayor Pro Tem Jaime L. Capelo Jr.
Council Members:
Melody Cooper*
Alex L. Garcia Jr.
Arnold Gonzales
Betty Jean Longoria
John Longoria
Edward Martin
Dr. David McNichols
City Staff:
City Manager Bill Hennings
City Attorney James R. Bray Jr.
City Secretary Armando Chapa
Mayor Neal called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by the 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 Garcia.
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 Neal called for approval of the minutes of the regular Council meeting of September
16, 1997, and there being no corrections, he proclaimed them approved as presented.
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience.
Mr. Jack Gordy, 7226 Owen Court, criticized what he said was the city's selective
enforcement of the zoning ordinance regarding signs. City Manager Hennings replied that the city
does receive complaints about developers putting signs up in the right-of-ways on weekends, and
subsequently the developers sent the city a letter asking for a change in the ordinance to allow for
that. He said staff is in the process of reviewing that to bring it to the Council for their consideration.
Mr. Hennings also discussed the problem of signs on utility poles.
Mr. Tony Sanchez, 2022 Harvard, thanked the Mayor for what he said was the impressive
method of conducting the Council meetings. He also commended Council Member Capelo. And he
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Regular Council Meeting
September 23, 1997
Page 2
said he supported the proposed sales tax increases for community projects, adding that the citizens
want accountability.
Ms. Dora Garza, 625 Gregory, said she was representing the Instituto de Cultura Hispanica.
She encouraged the Council to consider their proposal to rent the Lichtenstein House in Heritage
Park, saying that that organization represents North, South and Central America, as well as Spain
and the Philippines. She discussed the institute's need for a permanent home and their plans for the
Lichtenstein House. Council Member John Longoria requested information regarding the process
staff used in selecting a tenant for the Lichtenstein House.
Mr. Irving Dietz, 455 Miramar, said that millions of dollars were diverted from some of the
projects approved by the voters in the 1986 bond program, and he requested a list of all of the
projects included in that bond election and their current status.
Mr. Leon Perez, 904 Buford, questioned a zoning notice he received from the city concerning
the use of a residence he owns on Robert Drive. Mayor Neal said staff would provide Mr. Perez with
an answer to his question.
Mr. Fernando Morales, 7570 Yorkshire, spoke on behalf of the Instituto de Cultura Hispanica
in their desire to rent the Lichtenstein House.
Mr. Lewis Lovelace, 1549 Casa Grande, said the city should take some of the money it is
spending for the Lake Texana pipeline and instead use it to construct a co -generation plant for $542
million. He said it would provide a reasonably priced source of electricity and water and would
encourage development. He also commended Mr. Capelo for his work as Chairman of the Wesley
Seale Dam Oversight Committee.
Mr. Longoria asked staff to contact the Community Progress Partnership organizers about
giving a presentation at an upcoming Council meeting concerning the structure and funding of the
proposals. He also requested a schedule of CPP speaking engagements, adding that the Council has
not been involved in that at all.
*Council Member Cooper arrived at the Council meeting at 2:20 p.m.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item H. The first presentation was given by the Mary
Rhodes Memorial Committee, co-chaired by Mayor Emeritus Luther Jones and Ms. Mary Beth
Nelson. They explained the formation of the memorial committee and the process by which the
members arrived at the following recommendations: naming the Lake Texana water pipeline the
"Mary Rhodes Memorial Pipeline"; naming a scholarship fund for Mrs. Rhodes which would benefit
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Regular Council Meeting
September 23, 1997
Page 3
both disabled persons and graduates from local high schools; naming the Xeriscape Leaming Center
and Design Garden after Mrs. Rhodes; having the city promote and sponsor an annual "Mary Rhodes
Memorial Tree Planting" project to coincide with Arbor Day activities each year; and asking the City
Council to consider passing a resolution requesting the local school districts to possibly name the
next school after Mrs. Rhodes.
Dr. Donald Rhodes, Mrs. Rhodes' husband, described why he and his family felt the
committee's recommendations were appropriate suggestions to honor his wife's memory.
Mayor Neal thanked the committee members for their time and energy as well as Mrs.
Rhodes' family, and he said the City Council would consider their recommendations. Ms. Nelson
thanked all of the people who called on the special phone line to give their suggestions on ways to
memorialize Mrs. Rhodes.
The next presentation was made by Mr. Foster Edwards, President of the Corpus Christi
Industrial Foundation. He explained that the foundation is a non-profit corporation formed in 1980
to develop Corpus Christi Industrial Technology Park, a deed -restricted business park that was
developed in conjunction with the city. He said the foundation's primary goal is to facilitate job
creation by enabling companies to buy land in the industrial park at below-market prices. Mr.
Edwards said the foundation wished to offer 42 acres fronting on Old Brownsville Road as a possible
location for the baseball facility recommended by the Community Progress Partnership (CPP), in
exchange for the city paving a 1,380 -foot long road in order to provide access to unplatted property
at the end of Junior Beck Drive.
Council Member Garcia asked if the foundation had any land located closer to South Padre
Island Drive that could be used for the baseball facility, and Mr. Edwards replied that there was not.
Responding to Council Member McNichols, Mr. Edwards discussed the foundation's
outstanding loan balance on the entire tract of land the organization owns, adding that they have
discussed with the lead lender the idea of separating out the parcel of land being considered. Mayor
Neal thanked the foundation members and said that more discussion needed to be held on this issue.
He added that this land is in the general area where they have said would be their first priority in
locating the baseball facility.
City Manager Hennings announced that a tornado warning had been issued and two funnel
clouds had been sighted. Mayor Neal called for a short recess.
* * * * * * * * * * * * *
The next presentation was given by Mr. Frank Brogan, Project Engineer for the Lake Texana
pipeline. He explained that about 90% of the right-of-way has been either signed or negotiated, and
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Regular Council Meeting
September 23, 1997
Page 4
as of that morning 228,000 feet of pipe (over 43% of the route) has been manufactured and 11.8
miles of pipe has been installed in the ground by two crews. Mr. Brogan said they anticipate a third
construction crew getting underway in October, and they still maintain their target date for
completion of the pipeline in summer 1998. He added that the Nueces River Authority has now
awarded all eight contracts for the pipeline, including the two directionally drilled water crossings
and the open -cut river crossings. Mr. Brogan also discussed the pipeline's funding analysis with and
without the contingency expense.
Responding to Mayor Neal, Mr. Brogan described two areas which have experienced
variances from the original budget --engineering costs with HDR Engineering and their
subconsultants, and project management by the Port of Corpus Christi.
In reply to Council Member McNichols, Mr. Brogan explained that the Nueces River
Authority awarded a contract to Michels Pipeline Construction for the two directionally drilled water
crossings in the amount of $3,887,720. He said Michels was the second lowest bidder, and that the
lowest bidder (a company in Florida) did not meet the minimum required qualifications. He pointed
out that this will be the largest directionally drilled project in the United States. Dr. McNichols then
thanked Mayor Neal for sending a letter to Judge Stone in Refugio County concerning the pipeline.
Council Member Martin asked if the Lavaca-Navidad River Authority (LNRA) was on
schedule with their construction project. Mr. Brogan replied that they have awarded a contract for
construction of their pump station. Mr. Martin then asked about the pipe welding, and Mr. Brogan
replied that inspectors have been inspecting every piece of pipe going into the ground for quality
control, and he said the line will be pressure -tested to check for Leaks.
Council Member Garcia asked Mr. Brogan if he thought the project would be on budget at
completion. Mr. Brogan said that although it was too early to make a definitive conclusion, he felt
confident that they would be very close to budget. He said he would continue to provide the Council
with updates on the project.
Responding to Council Member Gonzales, Mr. Brogan said the Council had been given a
detailed listing of the pipeline's costs to date and expected costs to complete the project.
Mr. Martin asked about the bond authorization amount, and Mr. Hennings said he thought
it was about $128 million.
*************
Mayor Neal opened discussion on Item I., report of the Wesley Seale Dam Oversight
Committee, and consideration of Council actions related to the committee's work.
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Regular Council Meeting
September 23, 1997
Page 5
Council Member Capelo, Chairman of the committee, said they had met that morning for 41/2
hours and interviewed several individuals. He said there may be a few additional questions to ask,
but it was his understanding that the committee will be working next week on its final
recommendations.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 3, new landfill permit application. He noted that Item
3.a. was the closed session, pursuant to Texas Government Code Section 551.071, regarding
proceedings for the permanent application for the new landfill to the Texas Natural Resource
Conservation Commission (TNRCC).
The Council went into closed session.
The Council returned from closed session.
Mr. Tom Utter, Assistant City Manager for Development Services, explained that the day's
action was the culmination of several years of work, and he recognized the support of Nueces and
San Patricio counties, the City of Portland, and the Coastal Bend Council of Governments. He
reviewed some details of the new landfill site: it is located approximately six miles from the Elliott
Landfill at the intersection of FM 2444 and FM 665, and consists of slightly more than 2,200 acres.
He said a site selection committee appointed by the City Council spent much time investigating
different sites before they recommended that one.
Mr. Utter also read the adopted mission statement: "To plan, permit and construct a new solid
waste facility with appropriate buffer areas that is environmentally sound, fiscally responsible,
innovative in design and serves the region for the 21st century." He said the landfill will have at least
500 feet of buffer area around the site. He added that they appreciate the cooperation of the large and
small property owners in the area.
Mr. Rex Hunt, of EMCON, the Engineer of Record for the permit, said the permit application
for the new solid waste site has been prepared in accordance with the TNRCC regulations and
consists of five volumes of material (engineering design, geotechnical and hydro -geological
assessment of land use studies, traffic studies, etc.). He said the permit application has involved an
extensive collaboration of technical consultants, legal consultants, city staff, regional governments
and landowners. He added that the permitting team has also worked closely with TNRCC
representatives before they even submitted the application.
With regard to the site itself, Mr. Hunt said it is designed to serve as a landfill for over 80
years and has a capacity of 67 million tons of garbage, with a maximum height of 256 feet above
grade with large vegetative buffer areas that will be planted over time. He added that the new landfill
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Regular Council Meeting
September 23, 1997
Page 6
will have state-of-the-art environmental controls, including a liner and a leachate collection system
and a cap. Mr. Utter commended many of those who have worked on this project, including Mr.
Andy Leal, Director of Solid Waste Services; Mr. R.T. Bruner, consultant; and Mr. Ed Kagi, of the
SWA Group.
Mayor Neal called for comments from the audience.
Mr. Stephen Hake said he was an Austin environmental attorney representing some of the
property owners whose land is located south and east of the landfill site. He thanked city staff for
their cooperation with his clients, including Mr. Carl Crull, Assistant City Manager for Public Works
and Utilities, Mr. Joe West, Mr. Leal, and Mr. Utter. He said he and his clients received a copy of
the permit application the day before and had questions concerning it. Mr. Hake said one of their
main concerns was whether the landfill would have any impact on the underlying salt water table,
which, if the salt water rose, would endanger the farmers' crops in that area. He said they are also
concerned about the drainage flow downstream from the site.
City Secretary Chapa polled the Council for their votes as follows:
3.b. RESOLUTION NO. 023065
Resolution of the City of Corpus Christi, Texas, Nueces County, approving the permit
application and authorizing the City Manager or his designee to submit and pursue the
application of the City of Corpus Christi, Texas, to the Texas Natural Resource Conservation
Commission (TNRCC) for a permit for a new municipal Solid Waste Facility, and
authorizing the City Manager to designate the City's Engineer(s) of Record and Agent(s) of
Record for a permit for a new municipal Solid Waste Facility.
The foregoing resolution passed by the following vote: Capelo, Cooper, Garcia, Gonzales,
B. Longoria, Martin, McNichols, and Neal voting "Aye"; J. Longoria absent.
* * * * * * * * * * * *
*
Mayor Neal opened discussion on Item 4, Nueces Estuary wastewater return flow diversion
project. The Mayor then called for comments from the audience.
Mr. Irving Dietz questioned how the cost of the project would be paid, and he cited a report
from a few years ago in which he said city staff concluded that wastewater diversions to Nueces Bay
would be cost prohibitive. He also said that ever since the Choke Canyon Dam was constructed there
was not a firm figure for the capacity of the region's water system, which he discussed.
Mr. James Dodson, Regional Water Director, referred to the project work plan included in
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Regular Council Meeting
September 23, 1997
Page 7
the Council members' agenda packets. He said there were some typographical errors in the plan,
specifically two dates which needed to be changed on page 57 of the packet from 1998 to 1999. Mr.
Dodson then reviewed the plan, noting that it consists of three phases with the ultimate goal of
diverting 20 million gallons a day (MGD) of treated wastewater effluent (municipal and industrial)
to the Nueces Delta, and he described how it proposes to suspend freshwater releases when the
system capacity falls below 50% and the city implements Condition I of the drought management
plan. He also described the requirements under the plan for Condition II, and noted that references
to Condition III requirements were deleted from the work plan.
Mr. Dodson said the work plan also includes a rigorous implementation schedule and
monitoring program, as well as an extensive public education program. He also discussed the role
of the Steering Committee, which is comprised of the city, Coastal Bend Bays Foundation, TNRCC,
Texas Parks and Wildlife Department, General Land Office, and the Texas Water Development
Board. And Mr. Dodson addressed the provision which allows temporary or interim restoration of
inflows.
Mr. Dodson explained that if the Council approved the resolution, city staff would file this
week a new motion to amend with TNRCC so this issue can be scheduled on TNRCC's October
15th agenda. The motion to amend would ask that TNRCC incorporate the work plan as the new
drought contingency provisions of the Agreed Order. He said he did not anticipate any significant
opposition to the proposal by the agencies. He said that if the TNRCC did grant the motion, the city
would have to include the construction projects in its capital improvement program, which staff
would bring to the Council very soon. He also reviewed other steps the city would have to take, and
he said part of the resolution on the day's agenda would authorize staff to file an application with
the Environmental Protection Agency for grant funding. In addition, they would also like to initiate
Congressional activities to seek direct appropriations for the project.
Council Member Capelo asked what would be the total cost of the project. Mr. Dodson
replied that the portions of the project for the facilities to divert the effluent from the Koch Plant to
the Nueces Delta and from the Greenwood Wastewater Treatment Plant to the delta would be about
$13 million. He said the previously mentioned amount of $20 million included the diversion of flows
from the Broadway Plant to the Greenwood Plant, which is really part of the wastewater capital
projects. Mr. Capelo asked what amount of the $13 million might be received through grants or
monies from the federal government. Mr. Dodson said he hoped it would be as much as 50% of the
total cost, adding that much of the funding requires a local match.
Mr. Capelo asked if decisions could still be made in the future if the city did not receive any
grant monies and had to end up paying the total cost. Mr. Dodson replied that there are many points
along the way where the Council will have another opportunity to make a decision on the project.
Responding to another question from Mr. Capelo, Mr. Dodson said another action the Council would
have to take would be to amend the city's drought contingency ordinance to raise the trigger level
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Regular Council Meeting
September 23, 1997
Page 8
for Condition I to 50%.
Council Member Martin emphasized that although technically the Council would have an
opportunity to consider specific contracts related to the project, on the whole they would need to
make a commitment to proceed. Mr. Dodson said that in responding to one of Mr. Capeto's
questions, he was trying to explain that by passing this resolution, the Council was not committing
future funds to this project. Mr. Martin said they were committing a total of $20 million (including
the Broadway Plant portion) with the hope that some of that cost will be relieved through grants.
Mr. Martin also asked about the portion of the project involving Koch Industries. Mr. Dodson
said staff has met with representatives of the local Koch Plant, and they agreed that if the Council
approves this and moves forward, they would begin negotiations on the agreement, a provision of
which he briefly addressed.
In reply to other questions from Mr. Martin, Mr. Dodson said the work plan states that with
regard to design and construction, "the city shall complete this phase of the project within six years
of the date of the Order" (which would be October 1997), Mr. Martin said that would mean that after
approval of the permit, the city would have four years to construct the project. Mr. Dodson said if
called upon by the Texas Parks and Wildlife Department, the city would still have to make water
releases during the months of May and June in that six-year period. Mr. Martin said it was important
that the plan include an acknowledgment of the need to review the permit standards. Mr. Dodson
said preliminary models have been based on a 20/20 permit discharge.
Responding to Council Member Gonzales, Mr. Dodson discussed the implementation
schedule called for in the work plan.
Council Member McNichols asked about the permitting schedule, and Mr. Dodson said the
work plan states that "the applicant and TNRCC staff will diligently pursue the processing of the
applications with the goal of having the Commission take formal action for all uncontested
applications" by in each case a certain date. He said the TNRCC by law has 180 days to process a
permit application once it is administratively complete. Mr. Dodson added that this project is very
visible to TNRCC staff. Dr. McNichols said there needs to be discussion and public awareness of
the need for the entire region to be utilizing water conservation measures because it has no direct
connection with any problem with the Wesley Seale Dam.
Dr. Gonzales discussed the process for implementing Condition I of the drought contingency
plan and changing the trigger to 50%, and City Manager Hennings pointed out that that policy needs
to be clear at the outset. He explained that if the Council chose to go into Condition I, the city would
not have to make releases; conversely, if they chose not to go into Condition I, the city would have
to make releases. He said another factor would be how the city would recover the cost of the project,
because if the city did not go into the drought contingency plan, it would not realize the increase in
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Regular Council Meeting
September 23, 1997
Page 9
yield from the water system, which might affect how the city recovers the cost of the investment.
Dr. Gonzales commented that he thought this was a great plan.
Responding to Council Member Garcia, Mr. Dodson discussed the credits that would apply
to the refineries under certain conditions. A brief discussion ensued.
Mr. Ray Allen, of the Coastal Bend Bays Foundation, said that organization supports this
project and it is their understanding that the TNRCC would endorse a 20/20 permit. He added that
the Bays Foundation feels the Nueces Bay system has suffered not only through reduced freshwater
inflows but also through reduced nutrient inflows, and they would support language in the work plan
to call for a 20/20 wastewater permit.
City Attorney Bray suggested the following amendment to the proposed resolution which
would incorporate a new Section 2 with the rest of the resolution to be renumbered. He said Section
2 would read: "That the city's attorney is instructed to inform the TNRCC that granting of 20/20
wastewater treatment permits is an important factor in the city's decision to implement the proposed
diversion project; and" (followed by Sections 3, 4, 5, and 6).
Council Member Capelo made a motion to amend the resolution as recommended by Mr.
Bray, seconded by Mr. Martin, and passed unanimously (Cooper absent). A motion was made and
seconded to correct the dates in the work plan as previously discussed by Mr. Dodson; the motion
passed unanimously (Cooper absent).
City Secretary Chapa polled the Council for their votes as follows:
4. RESOLUTION NO. 023066
Resolution directing the City Manager to prepare and file with the Texas Natural Resource
Conservation Commission a motion to amend the 1995 Operating Order for the Choke
Canyon/Lake Corpus Christi Reservoir System, providing that if the City implements the
proposed diversion of twenty (20) million gallons a day of treated wastewater effluent to the
Nueces Delta, then the City could suspend all requirements for the passage of freshwater
inflows to the Nueces Estuary whenever the reservoir system combined storage is below 50%
of total storage capacity and the City has implemented Condition I of its Drought
Management Plan; directing the City Manager to prepare and submit applications for
financial assistance to the United States Environmental Protection Agency and other
agencies; and directing distribution of this Resolution.
The foregoing resolution passed, as amended, by the following vote: Capelo, Garcia,
Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper
absent.
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Regular Council Meeting
September 23, 1997
Page 10
*************
Mayor Neal opened discussion on Item 5, O.N. Stevens Plant chemical feed piping system
project. The Mayor called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
5.a. ORDINANCE NO. 023067
Ordinance appropriating $229,895 from the Combined Utility Systems Unreserved Fund
balance; amending Ordinance No. 022993, which adopted the FY 1997-98 Budget, by
adding $229,895 to the Combined Utility Systems Fund; transferring $229,895 to and
appropriating $229,895 in the No. 205 Water Capital Projects Fund for the O.N. Stevens
Water Treatment Plant: Chemical Feed Piping System Project; amending the FY 96-97
Capital Budget adopted by Ordinance No. 022742, by adding $229,895 to the Water
Program.
An emergency was declared and the foregoing ordinance passed by the following vote:
Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye";
Cooper and Martin absent.
5.b. M97-258
Motion authorizing the City Manager or his designee to execute the Contract for Engineering
and Consulting Services for the O.N. Stevens Water Treatment Plant: Chemical Feed Piping
System project with INDTECH, Inc. for a fee not to exceed $229,895.
The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent.
5.c. RESOLUTION NO. 023068
Resolution expressing the intent to reimburse the Combined Utility Systems Fund for costs
of certain water system improvements to be made as part of the O.N. Stevens Water
Treatment Plant: Chemical Feed Piping System project.
The foregoing resolution passed by the following vote: Capelo, Garcia, Gonzales, B.
Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 6, Federal Aviation Administration (FAA) grants.
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Regular Council Meeting
September 23, 1997
Page 11
The Mayor called for comments from the audience, and there were none. City Secretary Chapa
polled the Council for their votes as follows:
6. RESOLUTION NO. 023069
Resolution authorizing the City Manager or his designee to apply for Federal Aviation
Administration Grants in compliance with all Federal Aviation Administration Grant
Assurances and requirements, in accordance with the Capital Improvement Projects approved
by the Capital Budget adopted annually by City Council.
The foregoing resolution passed by the following vote: Capelo, Garcia, Gonzales, B.
Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 7, airport improvement projects. The Mayor called
for comments from the audience, and there were none.
Responding to a question from Council Member Garcia, Ms. Bonnie Allin, Director of
Aviation, explained that water had permeated under the side of the runway and caused the pavement
along the edge to heave. She said the heaved pavement area had been milled off, and this proposal
will involve the installation of a drainage system to prevent it from happening in the future. She said
staff believed that that was the only area of the runway where the heave had occurred. In reply to
Council Member Gonzales, Ms. Allin said this runway was built in 1958-59.
City Secretary Chapa polled the Council for their votes as follows:
7.a. RESOLUTION NO. 023070
Resolution authorizing the City Manager or his designee to accept the $2,345,355 Federal
Aviation Administration Grant No. 3-48-0051-24-97 for Terminal Reconstruction and
Runway 13/31 Repairs and Drainage Improvements.
The foregoing resolution passed by the following vote: Capelo, Garcia, Gonzales, B.
Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent.
7.b. ORDINANCE NO. 023071
Ordinance appropriating $2,345,355 from Federal Aviation Administration Grant No. 3-48-
0051-24-97 for Terminal Reconstruction, Runway 13/31 Repairs and Drainage
Improvements in the No. 245 Airport Capital Improvement Fund; amending Ordinance No.
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Regular Council Meeting
September 23, 1997
Page 12
022742 which adopted the FY 96-97 Capital Budget by adding $2,345,355 to the No. 245
Airport Capital Improvement Fund.
An emergency was declared and the foregoing ordinance passed by the following vote:
Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye";
Cooper and Martin absent,
7.c. M97-259
Motion authorizing the City Manager or his designee to execute a contract for Runway 13/31
Repairs and Drainage Improvements at Corpus Christi International Airport with Garrett
Construction Company in the amount of $513,563.50.
The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 8, purchase of trenching and boring equipment. The
Mayor called for comments from the audience, and there were none. City Secretary Chapa polled
the Council for their votes as follows:
8.a. ORDINANCE NO. 023072
Ordinance appropriating $271,138 from the Reserve for Capital Outlay in the No. 132
Maintenance Service Fund to purchase equipment; amending the FY 97-98 Budget, adopted
by Ordinance No. 022993, to increase appropriations by $271,138 in the No. 132
Maintenance Service Fund.
An emergency was declared and the foregoing ordinance passed by the following vote:
Capelo, Cooper, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye";
Garcia and Martin absent.
8.b. M97-260
Motion approving the purchase of trenching and boring equipment in accordance with Bid
Invitation No. BI -0201-97, based on low bid and only bid. The equipment will be used by
the Water Department and Gas Department. Four items are additional equipment; two are
replacements.
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Regular Council Meeting
September 23, 1997
Page 13
Nueces Power Equipment
Corpus Christi TX
Item 1 $35,749.00
Item 2 3,900.00
Item 6 22,549.00
Total $62,198.00
Valley Ditch Witch
Corpus Christi. TX
Item 4 $34,513.19
Item 5 158,513.16
Total $193,026.35
Grand Total $271,137.35
UEC Equipment Co.
Oklahoma Citv, OK
Item 3 $15,913.00
The foregoing motion passed by the following vote: Capelo, Cooper, Gonzales, B. Longoria,
J. Longoria, McNichols, and Neal voting "Aye"; Garcia and Martin absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 9, purchase of a precision survey station and level.
The Mayor called for comments from the audience, and there were none.
In reply to Council Member Garcia, Mr. R.H. Shackelford, Director of Engineering Services,
said that after staff reviewed the value of the existing equipment, they determined it would be to the
city's advantage to retain the equipment in case something happened to the new equipment.
City Secretary Chapa polled the Council for their votes as follows:
9. M97-261
Motion approving the purchase of a precision survey station and level from Leica, Inc.,
Austin, Texas, based on sole source for a total of $39,828.80. This equipment will be used
by the Engineering Department for the Wesley Seale Dam Stability Investigation.
The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 10, revised air quality standards. The Mayor called
for comments from the audience, and there were none. He then asked if Congressman Ortiz and the
two U.S. Senators from Texas were sponsors of those bills, and Mr. Hennings said he did not know.
City Secretary Chapa then polled the Council for their votes as follows:
10. RESOLUTION NO. 023073
Resolution urging the members of the Texas Delegation to the United States Congress to
support the enactment into law of House Bill No. 1984 and Senate Bill No. 1084.
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Regular Council Meeting
September 23, 1997
Page 14
The foregoing resolution passed by the following vote: Capelo, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
Council Member McNichols said that item pertained to the new ozone standards, and unless
action is taken to change the standards, Corpus Christi and many other cities would become non -
attainment and would have to spend more money to abide by the regulations.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 11, Lake Texana watershed facility. The Mayor
called for comments from the audience, and there were none.
Responding to Council Member McNichols, Mr. Dodson said the Railroad Commission of
Texas is not like the TNRCC in that it has very broad exemptions for classes of wastes and materials
and the way they are processed.
City Secretary Chapa polled the Council for their votes as follows:
11. RESOLUTION NO. 023074
Resolution opposing the permit application filed by Spur Environmental, Inc. with the
Railroad Commission of Texas for a permit to construct and operate a Commercial Land
Treatment Facility for oil and gas wastes in the Lake Texana watershed and supporting the
Lavaca-Navidad River Authority's request for a public hearing on the permit application and
urging the Railroad Commission to deny the permit application.
The foregoing resolution passed by the following vote: Capelo, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 12, delinquent account collection services.
City Secretary Chapa said that Council Member Betty Jean Longoria had filed an affidavit
stating that she would abstain from discussing or voting on this item. Mayor Neal called for
comments from the audience, and there were none.
Council Member Garcia discussed foreclosure procedures, and asked if the city could
foreclose on the entire outstanding indebtedness of a property rather than on just a partial amount.
Ms. Kathleen Morrison, Managing Attorney in the Corpus Christi office of Calame, Linebarger,
Graham & Pefia (CLGP), said that when they foreclose on a piece of property that has delinquent
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Regular Council Meeting
September 23, 1997
Page 15
taxes and special assessment liens, they include the special assessment liens in the foreclosure suit.
However, the only amount they can include in the judgment is the liens that are due at the time they
take the judgment. Consequently, at the time of the tax sale, the opening bid can only include by law
what is included in the judgment; any assessment liens that have been placed since the judgment are
of necessity and legally outside of the opening bid. She said as a result, they try to inform people that
there are additional liens outside the judgment and that the buyer is also responsible for those liens
because they are not cut off by the foreclosure. A discussion ensued.
Mr. Garcia said he had more questions on this issue, and Ms. Morrison said she would like
to give the Council a presentation at another time, if they wished, on the processes they use in their
contract with the city.
Council Member Gonzales said he also had more questions on this item, and he made a
motion to postpone it until next week. Council Member Cooper said she had confidence in this law
firm and did not see any need to postpone the item. Council Member Martin and Ms. Morrison
pointed out that there is a difference between special assessments (paving liens) and weed clean-up
liens or weed demolition liens.
Council Member John Longoria pointed out that only one firm had responded to the request
for proposals. He then seconded Dr. Gonzales' motion to postpone Item 12 for one week.
Responding to Mayor Neal, Mr. Jorge Cruz-Aedo, Director of Finance, said city staff
followed the normal RFP process and notified four firms they knew of that provided this service, but
only CLGP responded to the request. He added that staff made it fairly clear that the city is not in
a position to pay a large amount for this service, and as a result some firms may have been
discouraged from responding. Mayor Neal and Mr. Longoria requested a list of the firms that were
sent requests for proposals.
City Secretary Chapa polled the Council for their votes on the motion to postpone Item 12.
The motion failed by the following vote: Capelo, Garcia, Gonzales, and J. Longoria voting "Aye";
Cooper, Martin, McNichols, and Neal voting "No"; B. Longoria abstaining. Mr. Chapa then polled
the Council for their votes on Item 12 as follows:
12. M97-262
Motion authorizing the City Manager or his designee to execute a contract with Calame,
Linebarger, Graham and Pena, L.L.P. for the collection of delinquent special assessment
accounts. Term of the agreement shall be from the date of execution by the City Manager
until September 30, 1999 with an option to renew for two additional one-year periods.
The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Martin,
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Regular Council Meeting
September 23, 1997
Page 16
McNichols, and Neal voting "Aye"; Gonzales and J. Longoria voting "No"; B. Longoria
abstaining.
* * * * * * * * * * * *
*
Mayor Neal opened discussion on Item 13, lease of a portion of Middlecoff Park.
City Manager Hennings said the acreage had been misstated and needed to be changed to
1.34 acres. Mayor Neal called for comments from the audience, and there were none. Council
Member Martin commented positively on this item. A motion was made and seconded to approve
the amendment as stated, and it passed unanimously (Garcia absent).
City Secretary Chapa polled the Council for their votes as follows:
13. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a 10 -year lease with Corpus Christi
Independent School District for approximately 1.34 acres at Long Meadow Drive and
Merganser Street in consideration of Corpus Christi Independent School District installing
and operating a covered play slab with basketball equipment.
The foregoing ordinance passed on first reading, as amended, by the following vote: Capelo,
Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye";
Garcia absent.
* * * * * * * * * * * * *
Mayor Neal called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 14 through 23, and Council members requested that
Items 14, 19, and 22 be withheld for discussion. There were no comments from the audience on any
of the consent items. City Secretary Chapa polled the Council for their votes and the following were
passed:
15. M97-263
Motion approving the purchase of 1,000 gallons of Malathion from Cheminova, Wayne, NJ,
for a total of $23,300 based on sole source. This chemical will be used by the Health
Department's Vector Control for the control of mosquitos. Funds have been budgeted in FY
97-98.
The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B.
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Regular Council Meeting
September 23, 1997
Page 17
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
16. M97-264
Motion authorizing the City Manager or his designee to apply and to execute all necessary
documents for continued financial assistance through the Texas General Land Office for
beach cleaning and life guarding on Padre Island during FY 97-98.
The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
17. M97-265
Motion authorizing the City Manager or his designee to execute a construction materials
testing and inspection contract in the amount of $25,712 with Professional Service
Industries, Inc. for the Up River Road Water Transmission Main Project - Phase II.
The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
18.a. M97-266
Motion authorizing the City Manager to execute an amendment to Contract No.
7460005741-98 with the Texas Department of Health in the amount of $688,790 and
providing for the Bureau of Nutrition Services to fund group nutrition education, individual
counseling, immunization services, and to distribute food vouchers at no cost to individuals
identified as having nutritional deficiencies and/or nutritional risk during the period October
1, 1997 to September 30, 1998.
The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
18.b. ORDINANCE NO 023075
Ordinance appropriating a grant in the amount of $688,790 from the Texas Department of
Health to fund group nutrition education, individual counseling, immunization services, and
to distribute food vouchers at no cost to individuals identified as having nutritional
deficiencies and/or nutritional risk during the period October 1, 1997 to September 30, 1998;
adding $688,790 to the No. 162 Federal/State Grants Fund - Health Department.
An emergency was declared and the foregoing ordinance passed by the following vote:
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Regular Council Meeting
September 23, 1997
Page 18
Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal
voting "Aye."
20.a. M97-268
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$160,152 and to execute a contract and all related documents with the Texas State Library
for the continued operation of the Regional Interlibrary Loan Center located at Corpus
Christi Public Library for state fiscal year 1997-98.
The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
20.b. ORDINANCE NO. 023077
Ordinance appropriating $160,152 from the Texas State Library in the No. 162 Federal/State
Grants Fund for the continued operation of the Regional Interlibrary Loan Center located at
Corpus Christi Public Library during State fiscal year 1998.
An emergency was declared and the foregoing ordinance passed by the following vote:
Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal
voting "Aye."
21. ORDINANCE NO. 023078
Ordinance authorizing the City Manager or his designee to execute a one-year lease, with
MaxPlus, Inc. d/b/a Maxaero for a 450 -square foot office in the east concourse of the Airport
for administration and training, in consideration of payment of $526.54 per month.
An emergency was declared and the foregoing ordinance passed by the following vote:
Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal
voting "Aye."
23. ORDINANCE NO. 023079
Approving the Fiscal Year 1997-98 Budget for the Greater Corpus Christi Business Alliance
The foregoing ordinance passed on second reading by the following vote: Capelo, Cooper,
Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
* * * * * * * * * * * * *
Minutes
Regular Council Meeting
September 23, 1997
Page 19
Mayor Neal opened discussion on Item 14, pipe repair clamps.
Council Member McNichols commented on the price per clamp, and he asked about the
distribution of the varying sizes of clamps. City Manager Hennings said he had part of the
information requested by Dr. McNichols, but he said they could postpone this item one week in
order for staff to provide all the information. Dr. McNichols made a motion to postpone Item 14 for
one week, seconded by Mr. Martin, and the motion passed. Mr. Capelo also requested an explanation
of best bid versus low bid and the procedures involved.
14. POSTPONED
Co .us
hr
PPly C.J.
i Texa
C
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Crops 13.2 Crop 3
$147,811.78 $40,541.56
Grand Total: $188,353.34
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 19, South Texas Library System grant.
Council Member Capelo said he was a charter member of the Corpus Christi Literacy
Council in the early 1980s, and he asked if any of these funds could be used to assist that
organization. City Manager Hennings replied that he did not think so, but he said the city recently
contracted with the Literacy Council to assist in developing literacy programs in the various
operating departments where there is an interest. He said he was aware of about 20 city employees
who had signed up for the first series of classes.
City Secretary Chapa polled the Council for their votes as follows:
19.a. M97-267
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$764,781 and to execute a grant and all related documents with the Texas State Library for
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Regular Council Meeting
September 23, 1997
Page 20
the continued operation of the South Texas Library System located at Corpus Christi Public
Library for state fiscal year 1997-98.
The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
19.b. ORDINANCE NO. 023076
Ordinance appropriating $764,781 from the Texas State Library in the No. 162 Federal/State
Grants Fund for the continued operation of the South Texas Library System located at
Corpus Christi Public Library during state fiscal year 1998.
An emergency was declared and the foregoing ordinance passed by the following vote:
Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal
voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 22, prepaid phone calling card vending machines.
Council Member Garcia expressed concern about the five-year length of this agreement,
adding that those services are highly competitive. Mr. Hennings said that since the anticipated
revenue was so small, it was more convenient to establish a long-term agreement rather than
bringing it back to the Council each year. He added that they could postpone this item one week to
provide more information. Mr. Garcia made a motion to postpone Item 22 for one week, seconded
by Council Member Capelo, and passed unanimously.
22. POSTPONED
Authorizing the City Manager or his dcsigncc to execute a five-year Use Privilege
Agreement, with Texas O.A.P., Inc. to place and epeiat., font prepaid phat.c calling-eatd
of pay,,,et.t of 20% of gioas revet,uc pet nnetith.
* * * * * * * * * * * * *
Mayor Neal announced the closed session, pursuant to Texas Government Code Section
551.071 regarding Kelly Lewis, Jr. v. City of Corpus Christi, et al, Cause No. 94-1650-B, 117th
District Court, Nueces County, Texas, with possible action in open session.
The Council went into closed session.
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Regular Council Meeting
September 23, 1997
Page 21
The Council returned from closed session.
The following motion was made and seconded. Council Member Capelo asked if the contract
with the law firm would provide for a one-time flat fee, whether the case goes to trial on December
8th or on a later date; Mayor Neal said it would.
City Secretary Chapa polled the Council for their votes as follows:
M97-269
Motion authorizing the City Manager to execute a contract for legal services with the law
firm of Meredith, Donnell & Abernethy to handle the trial of Kelly Lewis, Jr. v. City of
Corpus Christi, et al, Cause No. 94-1650-B, 117th District Court, Nueces County, Texas, for
a flat fee of $35,000.
The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
* * * * * * * * * *
*
**
Mayor Neal called for the City Manager's report. Mr. Hennings said Mr. Shackelford would
provide the weekly update on the Wesley Seale Dam stability analysis. He said that overall the work
is progressing satisfactorily. As reported last week, the project team met onsite on September 10,
1997, to assess the overall program and to evaluate the need for additional instruments. Based on
the field data and future construction monitoring needs, it was concluded that two additional vertical
extensometers (one in each spillway) and two shallow piezometers in the north spillway were
needed. The total cost of $42,200 will be charged to the previously authorized contingency of
$195,000. He said that Mr. John Focht, the independent consultant, has reviewed that and
recommended that the city proceed.
Mr. Shackelford added that the installation of one vertical extensometer and two shallow
piezometers are pending in the north spillway, and the lab testing of field soil samples is 20%
complete. On the south spillway, the installation of instruments is 74% complete, and lab testing of
soil samples is 10% complete. In addition, he said, the Council approved that day the purchase of
the survey equipment, which is expected to be delivered within six weeks. Mr. Shackelford said the
installation of seven reference monuments is now 60% complete, and the 33 alignment and elevation
reference points are being manufactured, with completion expected by mid-October. He added that
the consultant's recommendations should be ready by mid-December.
Mr. Crull then gave an update on the rainfall levels. He said that although rainfall was fairly
heavy in parts of Nueces County, it was widely varied throughout the watershed. He said it did not
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Regular Council Meeting
September 23, 1997
Page 22
appear there would be any significant amount of runoff.
Mr. Hennings said the main issue for next week's Council meeting would be the Gateway
Project.
Mayor Neal asked Council Member Capelo if he thought the Wesley Seale Dam Oversight
Committee would be able to finalize their work at their meeting next Tuesday. Mr. Capelo said he
thought the majority of their time at the meeting next week would be spent working on the
recommendations.
The Mayor then referred to a memo from Mr. Hennings regarding performance reviews of
city departments, and he asked that that item be placed on the agenda of the Council meeting
following the conclusion of the Wesley Seale Dam report. Mayor Neal also asked the Council to
begin thinking about the selection process of the Industrial Development Corporation (IDC).
Mayor Neal called for Council concerns and reports.
Council Member John Longoria said the Council had received a letter signed by several
residents of Mendenhall Drive concerning excessive and high-speed traffic on their street. He said
that problem is widespread throughout the city, and he asked that Mr. David Seiler, City Traffic
Engineer, discuss the idea of a residential traffic management program. Mr. Longoria also referred
to a memo in the Council members' packets concerning raising the parking fee at the Bayfront Plaza
Convention Center from 50 cents to $1.00. He said he did not think the Council had taken action to
make that change in the parking fee, and Mr. Hennings said he may have misunderstood their
request. Mr. Longoria suggested staff bring that action to the Council. Mr. Longoria said he thought
the performance reviews were a good idea.
Council Member Martin concurred with Mr. Longoria's comments about the performance
reviews, and he commented on the commercial paper rating trip. Mr. Martin suggested that the
discussion on the IDC board be held during next week's Council meeting, and Mayor Neal agreed.
Council Member Cooper thanked the participants in the Mayor's Task Force on Youth
Violence graffiti paint -over with the Junior League on September 13th. She thanked Police Chief
Alvarez and Ms. Rose Vela for a presentation they gave at the task force's meeting last week, and
she said there was a consensus among the students on the Youth Council that there was a diminished
fear of gangs at the schools due to increased security, for which she thanked Chief Alvarez and the
Police Department. Mrs. Cooper announced that on October 1 lth there would be another "Wash Out
the Violence" event at both Carisma Car Wash facilities, and October 25th is "Make a Difference
Day" in which a site on the northside will be cleaned up. She also thanked Ms. Nada Cano and Mr.
Utter for their presentations at the town hall meeting she held.
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Regular Council Meeting
September 23, 1997
Page 23
Council Member Gonzales asked if representatives of Calame, Linebarger, Graham and Pena
could give a presentation, and Mr. Hennings said that would be a good presentation to give during
lunch some time soon, possibly in October. Dr. Gonzales also referred to an article in the day's
newspaper regarding the city's efforts to include more youth in the summer programs.
Council Member Garcia commented on the large number of city vehicles leaving the Service
Center in the mornings, causing traffic congestion on Ayers Street. Mr. Hennings pointed out that
the Street Department and Park Department start at 7 a.m., Solid Waste Services starts at 7:30 a.m.,
and the other departments start at 8 a.m. Mr. Garcia also requested a report from Mr. Hennings
regarding his meeting at the airport, and he referred to the selection process for the board of the
Crime Control and Prevention District, and the contract with Calame, Linebarger, Graham and Pena.
Mr. Garcia also questioned the process used to award grants through the Mayor's Task Force on
Youth Violence. Mayor Neal said he had had discussions on that issue.
There being no further business to come before the Council, Mayor Neal declared the
Council meeting adjourned at 6:55 p.m. on September 23, 1997.
* * * * * * * * * * * * *