Loading...
HomeMy WebLinkAboutMinutes City Council - 07/19/1994I 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 July 19, 1994, which were approved by the City Council on July 26, 1994. WITNESSETH MY HAND AND SEAL, this 27th day of July, 1994. jet Armando C apa City Secretary SEAL micalLMED MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 19, 1994 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Dr. Jack Best Council Members: Melody Cooper Cezar Galindo Betty Jean Longoria Edward Martin Dr. David McNichols Clif Moss David Noyola City Manager Juan Garza City Attorney James R. Bray, Jr. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Rev. Christos P. Matos, St. Nicholas Greek Orthodox Church, following which the Pledge of Allegiance to the Flag of the United States was led by Garrett Greunke and Shaun Carroll from Boy Scout Troop 178 from Asbury United Methodist Church. 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 July 12, 1994. Council Member McNichols pointed out that 25 votes were taken during that meeting, and he participated in 24 of those 25 votes. Mayor Rhodes called for a voice vote and the minutes were approved as presented. Mayor Rhodes opened discussion on Item 1, reconsideration of Zoning Case No. 694-2, Harry Williams, a change of zoning from "R-113" One -family Dwelling District to "B- 1" Neighborhood Business District on Colonia Hidalgo, Block 6, Lot 14C, located on the south side of West Point Road, approximately 100 feet west of Barrera Drive. Minutes Regular Council Meeting July 19, 1994 Page 2 The Mayor explained that when this zoning case was originally considered during the July 12, 1994 meeting, it was defeated by two votes: Council Member Martin was absent from the meeting and Council Members Cooper and McNichols had stepped out of the Council Chambers prior to the vote; consequently, there were only four affirmative votes and five were needed for the zoning case to be approved. She added that Mr. Williams also was not in attendance at the meeting because he said he had not received notice that the case was being considered. The Mayor went on to explain the different options available in order to reconsider the zoning case. City Manager Garza said that one of the options was for the City Council to direct city staff to sponsor the rezoning case (instead of the original applicant, Mr. Williams, paying for the rezoning application); the case would then go back to the Planning Commission and be brought back to the Council during either the August 23, 1994 meeting or the August 30, 1994 meeting. Responding to Council Member Moss, Mr. Williams stated that the approximate six-week delay of his zoning application would not hurt him but it would bother him. He asked the two Council Members who opposed the zoning --Council Members Galindo and Noyola--to bring the case back for reconsideration. In response to Council Member Noyola, Mr. Garza stated that the normal time it takes for a zoning case to be reconsidered would be approximately two months. He added that if Mr. Williams were to sponsor the rezoning application, he would pay the fee; if the city sponsored it, the city would pay the fee. Mr. Noyola asked if the city had sponsored a rezoning case before, and Mr. Garza stated that it had. Council Member Martin noted that just this year the city has initiated approximately ten zoning applications, and since there apparently is no new evidence to present in the case, it makes sense to expedite the application. Addressing Mr. Williams, Mr. Martin said that the Council Members who voted against the case probably would not be willing to have it reconsidered. Mr. Martin then made a motion that the City Council direct staff to file the zoning case on the subject property, Colonia Hidalgo, Block 6, Lot 14C; seconded by Council Member Longoria. Mayor Rhodes called for a voice vote and the motion passed by the following vote: Rhodes, Best, Cooper, Longoria, Martin, McNichols, and Moss voting "Aye"; Galindo and Noyola voting "No." Mayor Rhodes opened discussion on Items 2 and 3, the proposed FY 1994-95 budget. City Manager Garza had distributed a budget packet to the Council Members Minutes Regular Council Meeting July 19, 1994 Page 3 containing a Summary of Major Budget Items for the Recommended Budget 1994-95 General Fund. Mr. Garza noted that after the budget was prepared, the Texas Municipal Retirement System notified staff of an increase in the TMRS rate based on an actuarial study they had just completed. He said that after the entire TMRS membership in the state objected to the increase, the agency offered to allow its members to phase in the increase over a three-year period. He added that staff was recommending funding the first-year cost of the TMRS during FY 1994-95. Mr. Garza highlighted other changes to the budget that were recommended by Council Members during the budget workshop on July 12, 1994: funding for additional books and library personnel, for two neighborhood improvement inspectors, and improved street maintenance. Responding to Council Member Moss, Mr. Garza stated that Nueces County Chief Appraiser George Moff was projecting a 3.5 percent increase in the property tax base during the next fiscal year, although the tax roll would not be certified until later in July, possibly by July 25, 1994. Mr. Garza stated that staff had prepared the proposed budget based on a more conservative 2.5 percent increase in the tax base. A brief discussion occurred regarding funding sources for additional library books, following which Mr. Moss made a motion to direct the Corpus Christi Housing Finance Corporation consider allocating funds to purchase additional library books; seconded by Council Member Martin. Referring to the Summary of Major Budget Items, Mr. Martin noted that the adjusted unreserved fund balance was approximately $500,000 higher than the unreserved fund balance originally submitted to the Council; as a result, he said additional funds for such items as library books could be appropriated out of the General Fund instead of out of one of the corporations. Mr. Martin suggested that the Council first prepare its "wish list" and vote on the proposals as one package. Mayor Rhodes said Mr. Moss's motion would remain on the floor as the Council Members continued discussing funding options. Responding to Mr. Martin, Mr. Garza stated that the TMRS increase would be effective January 1, 1995, and if funded at one time the total amount would be $267,859; if phased in over a three-year period, the annual amount funded would be approximately $128,000. A discussion ensued regarding how the TMRS rate is calculated and ways in which to fund the TMRS increase. In reference to the discussion of additional monies allocated for the city's libraries, Council Member McNichols emphasized that whether the funds are obtained from the unreserved fund balance or one of the city's corporations, the funding would be for one time only. Responding to Dr. McNichols, Mr. Garza said that in the event of a natural disaster such as a hurricane, funds would be available from the Federal Emergency Minutes Regular Council Meeting July 19, 1994 Page 4 Management Agency, as well as other reserve funds. He stated that financial analysts recommend reserves of five to ten percent in each fund, adding that sometimes that percentage is not possible to achieve. In response to Mayor Rhodes, Mr. Garza said that the adjusted unreserved fund balance of $1.5 million in the General Fund was 1.5 percent of the total. Responding to Council Member Noyola, Mr. Garza stated that funds were available to fund two new neighborhood inspectors. In response to a question from Council Member Galindo about the Corpus Christi Housing Finance Corporation, Mr. Garza stated that the CCHFC was necessary to provide reserve funds for such projects as the South Texas Military Task Force. Following other questions from Mr. Galindo, the City Manager explained the necessity of funding the positions of ADA Coordinator and DRC Coordinator; funding the new natatorium and new gym; and costs relating to the landfill. Council Member Longoria asked for more information regarding whether it would be more beneficial to hire two new neighborhood inspectors or a legal assistant and a sign inspector, as recommended by Mr. Mike Reuwsaat, Director of Community Development. Mayor Rhodes noted that at the budget workshop she had asked the City Manager for his recommendation on the two top priority positions that needed to be added, and Mr. Garza had responded in a budget memo that they were a reference librarian and a police legal advisor. A discussion ensued with regard to the proposed roles of the neighborhood inspectors (property advisors) and the sign inspector. Mrs. Longoria expressed concern about funding for the Center for Hispanic Arts, particularly the cost of utilities and maintenance. Mayor Rhodes reminded the Council Members as they discussed items for their "wish list" that the required funding for those programs would cut into the unreserved fund balance. Dr. McNichols suggested that city funds that are used to light the old Nueces County Courthouse could be better spent on utilities for the Center for Hispanic Arts. Mr. Galindo reiterated his desire to hire two new property advisors in order to improve neighborhoods. Responding to Dr. Best, Mr. Garza explained that the negotiations with the firefighters had not yet been completed. In response to Mrs. Cooper and Mr. Martin, Mr. Garza remarked that the option to fully fund the TMRS rate increase for January 1, 1995 to July 31, 1995 would cost $267,859 and approximately $400,000 for FY 1995-96 and FY 1996-97. He said the other option of phasing in the increase would cost $128,206 for the first seven months (January -July 1995), and he would provide the costs for the following two fiscal years on the phase-in plan. Mr. Garza added, responding to other questions from Mr. Martin, that slightly Minutes Regular Council Meeting July 19, 1994 Page 5 decreasing the property tax rate for FY 1994-95 would not hurt the budget and could improve the city's bond rating for long-term financial planning. And regarding the balance in the Corpus Christi Housing Finance Corporation, Mr. Garza said $150,000 has been budgeted for FY 1994-95 for the South Texas Military Task Force, leaving a balance of $262,903 for special projects, if the Council chose to allocate it. Mayor Rhodes called for comments from the audience on Items 2 and 3. Mr. Joe O'Brien, 4130 Pompano, stated that the proposed General Fund budget constituted an increase of approximately $12 million over two years. He urged a reduction in the current property tax rate and the utility rates, and questioned the city's funding of the Downtown Management District. Mr. Garza reiterated that the proposed budget was based on an increase in the property tax base not the tax rate. He said he purposefully budgeted for a conservative increase in the tax base of 2.5 percent, so that in the event that the tax base was actually higher (an estimated 3.5 percent), there would be an opportunity to reduce the tax rate. He added that the increase in the utility rates was necessary to begin implementing the five-year Capital Improvement Program, which he described as an essential plan. Dr. McNichols said that it was important for the public to realize that when the Combined Utility Fund balance is larger at the end of a given fiscal year than was projected, that can in part be due to the fact that some anticipated projects had not yet been funded, but the monies are still committed to those programs. He also reiterated that there was no proposal to raise the tax rate this year. A brief discussion ensued about what projects had increased in funding over the last two years. Mrs. Gloria Perez, 1317 7th St., asked the Council to reconsider its decision to raise the utility rates by 6 percent. Mr. Abel Alonzo, 1701 Thames, thanked the Council for their efforts in informing the community about the issues facing the city. Mr. Leon Perez, 904 Buford, complained about three vacant lots in his neighborhood which, when mowed, clog up the nearby storm water drains, instead of the grass clippings being collected and discarded properly. Mr. Moss stated that the proposed extra funding for the library would be a one-time increase; instead, library books should have a replacement schedule as city equipment does in order to keep the library up-to-date. Mr. Martin stated that the proposed budget was a good one, adding that he supported the additional library funding. He also recommended that the TMRS rate increase be paid for the whole year; that an additional $50,000 from the Corpus Christi Housing Finance Corporation be put into the General Fund to fund half of the proposed Minutes Regular Council Meeting July 19, 1994 Page 6 $100,000 increase for the library (the other half would also come from the General Fund); that $30,000 be allocated to hire a reference librarian; and that the tax rate be decreased. Mr. Moss stated that he would amend his motion, seconded by Dr. Best, to take $50,000 from the CCHFC and $50,000 from the General Fund for $100,000 (in addition to the $40,000 already budgeted) in funding for new library books. The Mayor called for a vote and the motion passed as amended. Mr. Martin made a motion to add the position of reference librarian to the proposed budget, seconded by Mr. Moss; the motion passed. Mr. Martin also made a motion to fully fund the TMRS requirement, seconded by Dr. McNichols; the motion passed. Mr. Galindo made a motion to fund the two property advisors, seconded by Mr. Noyola. Mayor Rhodes stated that she would not support the motion because the City Manager and the Director of Community Development had stated that adding those two positions would not be their first priority. Mr. Galindo responded that it was important for the Council to support a cleaner community. The Mayor polled the Council for their votes and the motion passed by the following vote: Galindo, Longoria, McNichols, Moss and Noyola voting "Aye"; Rhodes, Best, Cooper, and Martin voting "No." After a discussion of the issue, Dr. Best made a motion to direct staff to recommend ways, beginning in FY 1995-96, in which monies from library fines can be allocated to purchase books; seconded by Mr. Moss. Dr. Best and Mrs. Cooper also requested a list of unfunded mandates. Mr. Galindo made a motion to decrease the property tax rate for FY 1994-95; seconded by Mr. Noyola; the motion passed. City Secretary Chapa polled the Council for their votes as follows: 3. FIRST READING ORDINANCE Adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 1994, and ending July 31, 1995; to be filed with the County Clerk; appropriating monies as provided in said Budget; and providing for severance. The foregoing ordinance passed on first reading, as amended, by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Minutes Regular Council Meeting July 19, 1994 Page 7 Mayor Rhodes opened discussion on Item 4, first reading of an ordinance revising the employee classification schedules. City Manager Garza explained that the proposed classifications were routine "housekeeping" items. Council Member Moss recommended that the ceilings of the classifications be increased while retaining the current floor levels. Mr. Garza stated that ranges are set by averages based on comparisons with other cities, with some adjustments. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 4. FIRST READING ORDINANCE Amending Ordinance 3658, as amended, Subsections 251 through 257 revising Classification Schedules; amending Ordinance 8127, Section 510, to provide for, consistent with the pay adjustments required by the Police Collective Bargaining Agreement for non -managerial personnel, a 3% range adjustment to Police managerial salary ranges effective August 8, 1994, and 2% range adjustment effective January 23, 1995; amending Ordinance 8127, Section 501, to provide for an approximate 3% general increase and range adjustment for Salary Schedules A and B and Grade 8, effective December 12, 1994; amending Ordinance 8127, Section 510, to provide for an approximate 3% range adjustment to non -Police and Fire managerial classifications effective December 12, 1994; amending Ordinance 3658, Section 103, to exempt temporary employees from the Classified Service; amending Ordinance 8127, Section 650, to define temporary employee as at will; amending Ordinance 8127, Section 850, to clarify language; amending Ordinance 8127, Subsections 951.13 and 952.14, to clarify language on the cash -in of sick leave; amending Ordinance 8127, Subsection 951.14, to provide the option for Plan I employees who are age 65 or older at time of hire or who have reached the age of 65 while participating in Plan I to decline or discontinue participation in the Disability Income Protection Plan; amending Ordinance 8127, Subsection 955.21 to clarify language. The copy of the ordinance is on file in the Office of the City Secretary. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Noyola voting "Aye"; Moss voting "No." Mayor Rhodes opened discussion on Item 5, proposed Coastal Management Minutes Regular Council Meeting July 19, 1994 Page 8 Program. Mr. Garza introduced Mr. Tom Utter, Group Manager of Development Services, who gave a brief history of the Coastal Management Program (CMP). He explained that staff had been working for months with the General Land Office and the Coastal Coordination Council on a draft set of regulations that established the CMP. Mr. Utter said it was staffs position that the CMP --with staffs changes incorporated in the plan -- was viable and would benefit the city and the entire Texas coast. Responding to Dr. McNichols, Mr. Utter stated that the latest draft of the CMP was published on July 5, 1994, and it was unclear whether groups who had previously opposed the plan were now in favor of it. He added that there had been some confusion regarding beach and dune protection permits, which are not part of the CMP but are covered by the CMP. Dr. McNichols also inquired about the time frame of approval of the CMP, and Mr. Utter replied that the Council need not approve the resolution endorsing the CMP during the day's meeting, but staff was recommending approval because it was satisfied with the draft document. In response to Mr. Galindo, Mr. Utter explained that the Coastal Coordinating Council, through the CMP, is designed to review federal, state and local actions above a certain threshold and coordinate them to avoid duplication of efforts. He added that it is also designed to protect the coastal environment. Mr. Galindo expressed his opposition to the plan, which he termed an unnecessary, expensive bureaucracy. Mr. Utter replied that he did not anticipate the CMP costing any money except small administrative costs at the state level. At Mayor Rhodes' request, Mr. Utter gave a brief explanation of why the CMP was formed: to help protect the coast, and to benefit from membership in the Federal Coastal Zone Management Program. Mr. Galindo made a motion that Item 5 not be supported, and that a non-binding referendum be held to allow taxpayers to vote on the issue; seconded by Dr. McNichols; the motion failed. Responding to Mrs. Cooper, Mr. Utter stated that he did not have a comprehensive list of which Texas coastal cities and counties had endorsed the CMP, although he was aware that Houston and Galveston had said they would support the program. He went on to explain that Corpus Christi and other governmental entities were being asked to formally endorse the plan at the GLO's request because their input had been included in the plan. Mr. Martin said that the Council should endorse the CMP, noting that there is a state law requiring such a plan and it would be to the city's benefit to have it. Minutes Regular Council Meeting July 19, 1994 Page 9 Mayor Rhodes called for comments from the audience. Mr. Paul Strunk, whose natural gas business is located at 1250 Texas Commerce Plaza, stated that he attended local public hearings on the issue and opposed the plan because the agriculture and gas industries had very little input in its formation. He said he favored a local coastal management plan over the proposed state plan. Ms. Jennifer Prouty, 220 Alta Plaza, noted that Texas Senate Bill 1053 directed the General Land Office to develop a coastal management plan, which would allow the state to have some authority over federal mandates regarding the coast. She encouraged the Council to endorse the CMP. Mayor Rhodes reiterated Ms. Prouty's point that after the GLO developed the proposed CMP, it became a controversial, partisan issue. Despite that, she said, the GLO worked hard with city staff to include their recommendations and she encouraged the Council to support it. City Secretary Chapa polled the Council for their votes as follows: 5. RESOLUTION NO. 021989 Resolution endorsing the proposed Coastal Management Program. The foregoing resolution passed by the following vote: Rhodes, Best, Cooper, Longoria, Martin, McNichols, and Moss voting "Aye"; Galindo voting "No"; Noyola absent. Mayor Rhodes opened discussion on Item 6, contract for engineering services. Responding to Dr. McNichols and Mr. Moss, Mr. Carl Crull, Director of Engineering, gave a brief description of the development cost of plans to develop the UV system at the Whitecap Wastewater Treatment Plant. Mr. Martin stated that the proposed treatment plant was an efficient way to deal with sewage treatment because plant expansion could occur incrementally. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting July 19, 1994 Page 10 6. M94-192 Motion authorizing Amendment No. 3 to the Contract for Engineering Services for the Whitecap Wastewater Treatment Plant with Shearer, Plog, and Associates, Inc. in the amount of $48,000 for the design of additional facilities and modifications to the plans for the Bar Screen Facility and the Solids Handling Facility. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. Mayor Rhodes opened the public hearing on Item 7, adoption of Land Use Assumptions and Impact Fees for the Master Plan Drainage Channel No. 31 service area. Mr. Crull gave a history of the development of drainage channel 31, explaining that in 1985 an offsite drainage development contract was approved with Mark Bratton and other residents in the area; a 1987 state law required that such an action go through a process to enact an impact fee. He said that recently development had started to occur in that area and the land use assumptions, capital improvements plan and impact fees needed to be adopted in accordance with state law. Mayor Rhodes called for a five-minute recess. Continuing discussion on Item 7, Council Member Cooper asked how the impact fees would be established, and Mr. Crull explained that the fees would be determined by the amount of land that would be platted and developed; in addition, the land use assumptions are reviewed approximately every three years to ensure that they are appropriate. Mayor Rhodes called for comments from the audience. Mr. Tony Heldenfels Jr., 3535 Santa Fe, #42, said he represented Heldenfels Inc., which owns 80 acres of land in that area; he spoke in favor of the proposal. Mr. Tim Clower, a real estate developer, also expressed his support of Item 7. Mr. Paul Strunk, 1250 Texas Commerce Plaza, said he supported the use of the impact fees. Minutes Regular Council Meeting July 19, 1994 Page 11 Council Member Martin made a motion to close the public hearing, seconded by Council Member Longoria, and passed unanimously. Mayor Rhodes and Mr. Martin commended staff for their work on this proposal. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning application: 8. Case No. C394-2, City of Corpus Christi: Consider zoning the newly annexed area an "1-2" Light Industrial District on a 7.65 acre tract of land out of the Gregorio Farias Grant, located along the east side of Interstate 37, north of Mountain Trail. Mayor Rhodes stated that on March 9, 1994 the Planning Commission recommended denial of the "1-2" District, and in lieu thereof, approval of a "B-4" General Business District with a Special Permit for three (3) off -premise signs; then on May 4, 1994 the Planning Commission recommended approval of the "1-2" District. The Mayor went on to say that the staff recommended denial of the "1-2" District, and in lieu thereof, approval of a "B-4" General Business District, with a Special Permit for two (2) off - premise signs. Mayor Rhodes asked the applicant's representative, Mr. Hal George, an attorney, if the staffs recommendation was acceptable to the applicant, and he replied that it was. Mayor Rhodes called for comments from the audience, and there were none. Council Member Best made a motion to close the public hearing, seconded by Council Member Longoria, and passed unanimously. Council Member Martin made a motion, seconded by Council Member Longoria, to amend the ordinance to concur with the staffs recommendation of denial of the "1-2" District, and in lieu thereof, approval of a "13-4" General Business District, with a Special Permit for two (2) off -premise signs. Responding to Council Member McNichols, Mr. Utter explained that the only difference between the Planning Commission's recommendation and the staffs recommendation was that staff said the subject property should be zoned "B-4" with a special permit rather than "1-2." City Secretary Chapa polled the Council for their votes on the motion to amend the ordinance as follows: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Minutes Regular Council Meeting July 19, 1994 Page 12 ORDINANCE NO. 021990 Amending the Zoning Ordinance upon application by the City of Corpus Christi, by changing the Zoning Map in reference to a 7.65 acre tract of land out of the Gregorio Farias Grant to a "B-4" General Business District; by granting a Special Council Permit for two (2) off -premise signs; and providing for publication. An emergency was declared and the foregoing ordinance passed as amended by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 9.a. through 20, and Council Members requested that Items 9.a., 9.b., 11, 15, 17 and 19 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 10. FIRST READING ORDINANCE Authorizing execution of an assignment of a concession agreement from Lakeside Surrey, Inc. dba Shoreline Surreys of Texas, to Karim and Wedad Hamid. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 12.a. M94-193 Motion amending the scope of work for the FY 1991 CDBG Program (17th Year) for the Greenwood Senior Citizens Center. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 12.b. ORDINANCE NO. 021994 Ordinance amending Ordinances Nos. 18169 and 021718 to amend the FY 1987 and FY 1993 CDBG Programs to reprogam $18,517 from the FY 1987 Knickerbocker Street Improvements project into the FY 1993 Senior Centers ADA Compliance project. Minutes Regular Council Meeting July 19, 1994 Page 13 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 12.c. M94-194 Motion awarding a contract in the amount of $159,000 to Duncan -Russo, Inc., to improve the Greenwood, Lindale, Broadmoor and Hilltop Senior Citizens Centers and the T.C. Ayers Recreation Center. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 13. M94-195 Motion awarding a contract in the amount of $488,600 to Harbor Construction Company to construct three water utilities capital improvements projects: W3, Stevens Plant Laboratory Expansion; W4, Stevens Plant Filter Building Renovation; and W5, Stevens Plant Control Room Renovations for Automation. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 14. M94-196 Motion awarding a contract in the amount of $84,200 to Garico, Inc. to improve the control and monitoring systems at the O.N. Stevens Water Plant. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 16. M94-198 Motion awarding a contract in the amount of $146,390 to E.J. Stefek Company to repair the clarifier bridge operating systems at the Oso Water Reclamation Plant. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 18. M94-200 Motion awarding a contract in the amount of $24,052.20 to Professional Services Industries, Inc. to install 17 gas monitoring wells at the Elliott Landfill. Minutes Regular Council Meeting July 19, 1994 Page 14 The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 20. ORDINANCE NO. 021996 Amending the Code of Ordinances, Chapter 53 -Traffic, Article V - Operation of Vehicles, Section 53-131, 53-132, and 53-133 relating to placement of Stop and Yield signs on streets intersecting with through streets; and providing for publication. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Items 9.a. and b., relating to the Gateway Park Project. Council Member Best asked that the Council postpone this item until the August 9, 1994 meeting, when a discussion is scheduled on the old Nueces County Courthouse. City Manager Garza and Mr. Malcolm Matthews, Director of Parks and Recreation, explained that votes needed to be taken on these items because of deadlines on the grant requests. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 9.a. RESOLUTION NO. 021991 Resolution authorizing the City Manager or his designee to submit a $500,000 grant application for the Gateway Park Project to the Texas Recreation and Parks Account and Land and Water Conservation Fund as administered by the Texas Parks and Wildlife Department. The required local authority share for the project is $500,000, which will be provided by a private donation from TRT Holdings and through in-kind services. The foregoing resolution passed by the following vote: Rhodes, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Best and Noyola voting "No." 9.b. RESOLUTION NO. 021992 Resolution authorizing the City Manager or his designee to submit a $1,500,000 Minutes Regular Council Meeting July 19, 1994 Page 15 enhancement program application for the Gateway Park Project to the Statewide Transportation Enhancement Program as administered by the Texas Department of Transportation. The required local authority share for the project is $375,000, which will be provided by the Downtown Management District and TRT Holdings. The foregoing resolution passed by the following vote: Rhodes, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Best and Noyola voting "No." Mayor Rhodes opened discussion on Item 11, airport public safety officers. Responding to Council Member Martin, Mr. James Bray, City Attorney, confirmed that the sworn peace officer status only existed relative to airport property. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 11. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 9, Aviation, Article II, Municipal Airports, Section 9-26, Setting the duties of Airport Public Safety Officers; amending Section 9-32, Trespass upon Runways, Ramps, Taxiways, etc.; providing severance; and providing for publication. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Item 15, Laguna Madre Treatment Plant. Responding to Council Member McNichols, Mr. Crull stated that there is a plan and monies available for long-term solutions to overflow problems that had occurred at that treatment plant. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting July 19, 1994 Page 16 15. M94-197 Motion awarding a contract in the amount of $116,000 to Braselton Construction Company to modify the Laguna Madre Treatment Plant for overflow prevention during wet weather. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Item 17, sanitary sewer clean -outs. Responding to Council Member Moss, Mr. Crull explained that the sewer clean - outs would be placed either at the easement line for rear -service or at the property line for front -service. Mr. Moss expressed concern that some might be placed on the pavement, and Mr. Crull assured him that if they did occur on pavement they would be level. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 17. M94-199 Motion awarding a contract in the amount of $67,680 to E.J. Stefek Company to install sanitary sewer clean -outs at various locations throughout the City. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Item 19, second reading of a traffic ordinance. Responding to Council Member Moss, Mr. Crull stated that the purpose of the ordinance was to allow traffic turning left onto a main street to merge using the center turn lane, which had previously been prohibited. A brief discussion ensued regarding areas in the city and situations where the ordinance would apply. Responding to Council Member Martin regarding merging via center turn lanes, Mr. Bray stated that the Legal Department had researched the issue and concluded that the proposed ordinance was consistent with state law. Minutes Regular Council Meeting July 19, 1994 Page 17 Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 19. ORDINANCE NO. 021995 Amending the Code of Ordinances, Chapter 53 -Traffic, Article V - Operation of Vehicles, Section 53-120 - Left Turn Restricted and Section 53-121 - Emerging From or Entering Alley, Private Driveway, Building, Etc.; and providing for publication. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols, Moss, and Noyola voting "Aye"; Martin voting "No." Mayor Rhodes called for the City Manager's report, a presentation of results of a study of changes in water consumption in single-family homes after installing water conserving plumbing fixtures. Ms. Jennifer Prouty, a faculty member of Texas A&M University -Corpus Christi and principal investigator for the Center for Water Supply Studies, introduced Mr. Richard Gonzales, a student at Texas A&M -Corpus Christi who conducted the study, and Ms. Yolanda Marruffo, administrative assistant at the City Water Department. Ms. Prouty explained that the purpose of the study was to determine the impact of a retrofit program on water consumption in single-family households. She explained that a retrofit program means distributing appliances that residents could attach to their indoor plumbing in an effort to reduce water consumption. The study compared water consumption during a two-month observation period (November and December 1993) with water consumption for those two months over the previous ten years for the homes involved in the study. Using charts and graphs, Ms. Prouty described the study's methodology and conclusions, including the fact that the 195 retrofitted households together provided the city with an additional wastewater treatment capacity of 168,480 gallons per month, or 6.24 acre-feet per year. Council Member Martin encouraged continued use of retrofit devices by city residents to increase wastewater treatment capacity. Council Member Cooper commended Ms. Prouty and Mr. Gonzales for their work on the study. Council Member Best asked if citizens could obtain the retrofit kits, and Mr. Victor Minutes Regular Council Meeting July 19, 1994 Page 18 Medina, City Water Superintendent, said that about 200 kits were presently available. Mr. Garza stated that after reviewing the study, staff would bring to the Council a recommendation on expanding the retrofit program to more citizens. In her report, Mayor Rhodes stated that the "MUSCLE Mayors," the mayors of eight major cities in Texas, were again compiling a legislative program, and she asked for input to discuss with the other mayors. Also, she announced that the Texas Natural Resource Conservation Commission had asked her to be a member of their Advisory Committee, and she agreed. Mayor Rhodes called for Council concerns and reports. Council Member Noyola asked if the city would have representation during a public hearing involving Central Power and Light; Mr. Garza stated that the city was always represented at such meetings. Council Member Cooper asked if construction on Aaron Street would be completed before the opening of Elliot Grant Middle School in August. Mr. Garza said he would follow-up on that request. Also, Mrs. Cooper said she is trying to locate the president of the Carroll Woods Neighborhood Association. She requested information on the status of the intersection of Cedar Pass and Everhart Road. Council Member Moss requested information regarding the cost of a water tap for a resident on Padre Island, and the possibility of planting more shrubbery at Cole Park and Swantner Park. Council Member McNichols asked for information about maintenance of medians in response to a letter from the Property Owners Association of Padre Isles. Mayor Rhodes called for petitions from the audience. Mr. Kerry Eyring, 2226 Bird Island, noted that prior to the Council meeting he had distributed copies of information relating to the Corpus Christi Firefighters Association and their request for a pay increase, which is still being negotiated. Mr. Alonzo Garcia, 3737 Mueller St., thanked the Council for not approving the proposed once -a -week garbage collection program, and he encouraged staff to help educate the public about solid waste services. He also commented about city Minutes Regular Council Meeting July 19, 1994 Page 19 employment practices. Mr. R.J. Herschbach, 4650 Hake!, stated that the City Charter, the Constitution and the Open Meetings Act were being violated with regard to Council actions. In response, Mayor Rhodes confirmed with Mr. Bray that as mayor she is allowed to make motions and vote on matters before the Council. Mr. Leon Perez, 904 Buford St., commented about traffic dangers, particularly near crosswalks, and improvements to Ocean Drive. Mr. Lonnie Laningham, 4713 Alma, spoke against casino gambling. Mayor Rhodes replied that the Council did not have a position regarding casino gambling; the issue is being considered by the State Legislature, and she encouraged Mr. Laningham to lobby them. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 6:10 p.m. on July 19, 1994.