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HomeMy WebLinkAboutMinutes City Council - 07/18/19951 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 ofJuly 18, 1995, which were approved by the City Council on July 25, 1995. SEAL WITNESSETH MY HAND AND SEAL, this 25th day ofJuly, 1995. l Armando Chapa City Secretary PRESENT Mayor Mary Rhodes Mayor Pro Tem Betty Black Council Members: Dr. Jack Best Melody Cooper Tony Heldenfels* Betty Jean Longoria John Longoria Edward Martin Dr. David McNichols MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 18, 1995 1 p.m. City Manager Juan Garza City Attorney James R. Bray, Jr. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. Paul Chang, Korean Baptist Church of Corpus Christi, following which the Pledge of Allegiance to the flag of the United States was led by Judge Rodolfo Tamez, Presiding Judge of the Municipal Court of Corpus Christi. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Rhodes called for approval of the minutes of the regular Council meeting of July 11, 1995, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * *Council Member Heldenfels arrived at the meeting. Mayor Rhodes conducted the swearing-in ceremony of the four Municipal Court Judges: Rodolfo Tamez (Presiding Judge), Donald Alex, Julianna Rivera, and Caroline Bertuzzi. The judges introduced their families who were present, and they attended a reception outside the Council Chambers. * * * * * * * * * * * * * Mayor Rhodes opened discussion on the proposed budget for fiscal year 1995-96. Minutes Regular Council Meeting July 18, 1995 Page 2 City Manager Garza said the Council would hear a presentation on Solid Waste Services, followed by consideration of items on the regular and consent agendas, and conclude with further discussion of the proposed budget. Mr. Tom Utter, Group Manager for Development Services, explained that the Elliott Landfill has been in operation over 25 years and has a useful life of approximately five or six years. In addition, efforts are continuing to acquire a site for the new landfill. Mr. Utter described current conditions at the Elliott Landfill, noting that when cells 1 and 2 were constructed, no plastic liners were required at that time. He said cells 3 and 4, which are currently in operation, were permitted to use select garbage as an alternative for protective cover, thus saving the city a great deal of money. He commended Solid Waste Services employees for their effort in negotiating that alternative cover. Mr. Utter said that planning has begun for the construction of cells 5 and 6, which will cost an estimated $1.3 million each just for the bottom of each cell (a final cover will be placed over each cell once it has reached capacity). Originally, staff had indicated that cells 5 and 6 would need to be constructed in FY 95-96; upon re-evaluation, it was determined that several factors (increased compaction and brush grinding) could contribute to postponing construction of cell 6 until FY 96-97. He used a chart to illustrate the Solid Waste Services costs: over the remaining five years of the landfill's life, approximately 100 acres will need to have a final cover installed at a cost of about $71,000 per acre, or $7.1 million; gas extraction monitoring at $600,000; three-year design and permitting process for the new landfill of about $3 million; land acquisition of about $5.5 million; and landfill construction of about $10 million (which he briefly described). Staff recommends that these costs would be paid through two bond issues, the first occurring in FY 95-96 for about $7.9 million, and the second one in FY 98-99 for about $19.3 million. Mr. Utter described the ways that the proposed rate increase of $0.50 per residential account and $3.19 per ton for commercial customers would prepare for the community's current and future solid waste needs. He said some issues which may require a modification of this strategy include: filling of cells at Elliott Landfill sooner than expected; more extensive gas monitoring/extraction; risk that proposed landfill site may not be permitted; and possible regulatory changes requiring earlier closing of Elliott Landfill, which would require funds for final cover. Responding to Council Member McNichols, Mr. Utter said that, based on in-depth Council discussion on solid waste needs and costs, staff re -analyzed its recommendations (which dealt only with short-term needs) and have brought back a proposal that addresses the long-term solid waste needs. In reply to another question from Dr. McNichols, Mr. Utter said there is a possibility that construction of cell 6 may need to begin late in FY 95-96 on a phased -in basis. Dr. McNichols then asked about the cost and effectiveness of the city's recycling program. Mr. R.T. Bruner, Director of Solid Waste Services replied that through recycling, the capacity of the Elliott Landfill is increased by about four to five days a year. And all of the brush that is disposed of Minutes Regular Council Meeting July 18, 1995 Page 3 accounts for about 19% to 21% of the total landfill volume. Dr. McNichols said that his questions stem not from a desire to eliminate the recycling program, but to determine how much money the city is willing to spend for what it is getting out of the program. He said each year the city's net cost for the recycling program is about $800,000. He suggested that the city decrease the recycling program and spend more effort and money to decrease the amount of brush that is being deposited in the landfill. He also said that tipping fees could be raised rather than increasing the residential and commercial disposal fees. Mr. Utter said that there is an extremely high participation rate in the city's recycling program, primarily due to the twice -a -month curbside service. He said one of the most often -requested services is curbside recycling pick-up at apartment complexes. He also described the current fees. Referring to some of Dr. McNichols comments, Mr. Garza said that the major component in the solid waste services proposal that changed was accelerating progress on the landfill site acquisition. Another aspect was the proposed increase in the brush grinding services to prolong the life of the current cells. In response to another question, Mr. Utter said the recommended fee increase for solid waste services would generate about $1.3 million. Council Member Heldenfels asked if the city's recycling program could be privatized, and Mr. Garza said that it could, but it would probably be vastly modified in order for a company to make a profit on that service. Mr. Heldenfels also asked about chipping all of the brush as it is picked up, and Mr. Garza replied that it is too time consuming to do that. Mr. Utter said the department is grinding up a tremendous amount and using it to bulk up the required daily cover, which saves money on dirt. He said people are allowed to come to the Elliott Landfill to pick up mulch for their use. In reply to Council Member Best, Mr. Utter said the city intends to continue picking up brush and is able to grind it up at the landfill. He added that some U.S. cities require people to mulch their yard waste at their own homes rather than landfilling it. Council Member Martin said almost all of the city's General Fund programs do not pay for themselves and Solid Waste Services is one of the very few that does. He commended the staff for re-evaluating their original proposal and determining a way to use the increased garbage rates to fund the current and new landfills. Mayor Rhodes said sometimes the Council is criticized for implementing fees and programs that improve the city's infrastructure for years to come, but she reaffirmed their commitment to continue doing so. Responding to Council Member John Longoria, Mr. Bruner said two years ago the solid waste fees were raised $1 per month to pay for the landfill liner, and last year the rate went up 48 cents. Mr. Longoria expressed concern about the increasing rates and whether this year's increase would be sufficient for the next eight years. Mr. Utter stated that this proposal meets all of the Minutes Regular Council Meeting July 18, 1995 Page 4 current environmental regulations; staff does not anticipate those regulations becoming more stringent in the next few years, although the proposal does allow for contingencies. He added that the Landfill Site Selection Committee, staff and consulting engineers have done extensive work on site selection. Council Member Betty Jean Longoria asked about the cost to cover the landfill, and Mr. Utter said the final cover would cost about $1 million per year which is extended out over seven years. Mrs. Longoria said she supported the long-term Solid Waste Services proposal, and did not want to make any changes to the recycling program. Mr. Martin pointed out that there is a connection to improved brush and garbage pickup and improved drainage, and he encouraged staff to continue improving "high -impact" items such as those. Council Member Cooper said the public does not want to decrease the recycling program but rather to increase it. Mayor Rhodes said the Council would consider other items on the agenda and return to the budget discussion later in the meeting. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 4, Phase I of the city's annexation program. Responding to Council Member Martin, Group Manager Utter said Tract B2 was being recommended for annexation because it had been under an industrial district agreement and it no longer has an industrial use (an adult video store is currently located there). He added that since it is adjacent to the city limits it has been receiving city services, such as police and fire services, but it has not been paying taxes. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 4.a. M95-187 Motion to amend, prior to second reading, the annexation ordinance by incorporating metes and bounds descriptions of the six tracts as "Exhibit A, B, C, D, E, and F' to the annexation ordinance. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 4.b. ORDINANCE NO. 022267 Annexing adjacent and contiguous territory containing five tracts of land and one tract of Minutes Regular Council Meeting July 18, 1995 Page 5 water to the City of Corpus Christi, Texas; declaring such territory an integral part of the City of Corpus Christi, Texas; fully describing the annexed territory; adopting a service plan for the annexed territory; fixing new boundaries for the City of Corpus Christi, Texas; declaring inhabitants and property owners entitled to all the same rights, privileges and burdens of other citizens of the City; declaring the annexed territory, as a part of the City of Corpus Christi, Texas, subject to the City Charter and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi; and providing for severance. The foregoing ordinance passed on second reading, as amended, by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning application: 5. Case No. C695 -1A. City of Corpus Christi. Zone newly annexed areas to "R -1B" One -family Dwelling District on Area A3.1 and "F -R" Farm -Rural District on Area A3.2, located along the east side of Wood River Dr. and approximately 200 ft. north of Farm to Market Rd 624. Mayor Rhodes said the Planning Commission and staff recommended approval. No one opposed the zoning case. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. Council Member Martin suggested that one public hearing be held on Items 5-10 since they are all zoning applications related to the annexation of Phase I tracts. Mayor Rhodes said the Council would vote on Item 5 separately since the public hearing had already been opened and closed, and they would consider the other items as a group. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022268 Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the Zoning Map in reference to Woodriver Unit 12 and a 23.45 -acre tract of land out of Nueces River Irrigation Park Annex 2, by zoning of newly annexed area to "R -IB" One -family Dwelling District on Subarea A3.1 and "F -R" Farm -Rural District on Subarea A3.2; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; J. Longoria absent. Minutes Regular Council Meeting July 18, 1995 Page 6 * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the zoning applications under Items 6-9. Group Manager Utter said Item 10 should be considered separately in order to make a small clarification. Mayor Rhodes said the Planning Commission and staff recommended approval. No one opposed the zoning cases. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: 6. ORDINANCE NO. 022269 Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the Zoning Map in reference to a 0.05 -acre tract of land adjacent to Woodriver Unit 1, Block 14, Lot 1, by zoning of newly annexed area to "R -1B" One -family Dwelling District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; J. Longoria absent. ORDINANCE NO. 022270 Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the Zoning Map in reference to a 2,555 -acre tract out of the Nueces Bay, by zoning of newly annexed area to "F -R" Farm -Rural District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; J. Longoria absent. 8. ORDINANCE NO.022271 Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the Zoning Map in reference to Goldston Addition, Block 1, Lot 7, by zoning of newly annexed area to "I-2" Light Industrial District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; J. Longoria absent. Minutes Regular Council Meeting July 18, 1995 Page 7 9. ORDINANCE 022272 Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the Zoning Map in reference to a 1,624 -acre tract of land bounded by Oso Creek on the north and east, County Road 41 on the west and south boundary being approximately 1 mile south of Farm to Market Road 2444, by zoning of newly annexed area to "F -R" Farm -Rural District on Subareas D1.1 and D1.4; "RE" Residential Estate District on Subareas D1.2 and D1.5; and "B-1" Neighborhood Business District on Subarea D1.3; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; J. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on Item 10. Mr. Utter said the description of this zoning case on the agenda read "R -1B" when it should read "R -1C"; he noted that the ordinance on the agenda was correct and it was correctly advertised. City Attorney Bray said the item did not need to be amended. Mayor Rhodes said the Planning Commission and staff recommended approval. No one opposed the zoning case. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: 10. ORDINANCE NO. 022273 Amending the Zoning Ordinance upon application by City of Corpus Christi, by changing the Zoning Map in reference to the east portion of Sections 21 and 22, Flour Bluff and Encinal Farm and Garden Tracts, by zoning newly annexed area to "B-4" General Business District on Subarea D3.1 and "R -1C" One -Family Dwelling District on Subarea D3.2; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; J. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: Minutes Regular Council Meeting July 18, 1995 Page 8 11. Case No. 695-7. Peerless Cleaners: A change of zoning from "R -1B" One -family Dwelling, "AB" Professional Office and "B-1" Neighborhood Business Districts to "I-2" Light Industrial District on Cooperdale Addition, Block 1, Lots 1 through 5, located on the northeast corner of South Staples Street and Rosedale Drive. The Mayor said the Planning Commission and staff recommended denial of the "I-2" District, and in lieu thereof approval of a Special Permit for dry cleaning and laundry processing plant subject to a site plan and six (6) conditions. Mr. Brandol Harvey, Director of Planning and Development, used a video to show the location of the subject property. No one opposed the zoning application; Council Member Heldenfels made a motion to close the public hearing, seconded by Council Member Martin and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022274 Amending the Zoning Ordinance upon application by Peerless Cleaners, by granting a Special Council Permit for dry cleaning and laundry processing plant subject to a site plan and six (6) conditions on Cooperdale Addition, Block 1, Lots 1 through 5; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 12 through 25, and Council Members requested that Items 13, 16, 22, and 24 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 12. M95-188 Motion approving the purchase of two 4,000 Ib. capacity forklifts in accordance with Bid Invitation No. BI -0230-95 from Nueces Power Equipment, Corpus Christi for the total amount of $32,794 based on low bid meeting specifications. The units will be used by the Gas Department and Maintenance Services Department and are budgeted in the FY 94-95 Capital Outlay as additional and replacement equipment. Minutes Regular Council Meeting July 18, 1995 Page 9 The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 14. M95-190 Motion approving the purchase of three pumps for Wastewater Services in accordance with Bid Invitation No. BI -0266-95 from Davis McAllen Pipe & Supply, Corpus Christi, based on low bid of $24,898. The pumps are budgeted in the FY 94-95 Capital Outlay as replacement equipment. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 15. M95-191 Motion approving the purchase of a GIS Server for the Engineering Services Department in accordance with Bid invitation No. BI -0142-95 from Integrated Computer Systems, Austin, Texas based on the low bid of $31,307. The server will be used by Engineering to upgrade the GIS System. The equipment has been included in the 1994-95 Capital Outlay budget. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 17. M95-193 Motion authorizing the City Manager of his designee to execute an agreement with the Nueces County Tax Appraisal District for the sharing of Geographic Database Information. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 18. M95-194 Motion approving supply agreements for food items which include canned and frozen fruit and vegetables, meats, condiments, spices, etc., in accordance with Coastal Bend Council of Governments Bid Invitation Nos. CBCOG-95-1 and CBCOG-95-2 with the following companies for the following amounts based on low bid for an estimated three month expenditure of $43,083.71. The term of the agreements shall be for three months with an option to extend for up to an additional three months, subject to the approval of the suppliers and the City Manager or his designee. These items will be used by Senior Community Services for the Elderly Nutrition Program. Funds are budgeted in FY 94-95 and requested for FY 95-96 by Senior Community Services. Minutes Regular Council Meeting July 18, 1995 Page 10 Sysco Food Services Corpus Christi, Texas $21,872.10 U.S. Food Service Corpus Christi. Texas $10,206.11 Labatt Food Corpus Christi. Texas $7,943.70 Olson -Kessler Corpus Christi. Texas $3,061.80 GRAND TOTAL: $43,083.71 The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, 13. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 19. M95-195 Motion to award a contract in the amount of $50,968 to GCC Constructors for construction of a Chlorine Dioxide Vault at the River Station Facility O.N. Stevens Water Treatment Plant. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 20. M95-196 Motion awarding a contract in the amount of $53,976 to Port Enterprises for re -roofing at O.N. Stevens Water Treatment Plant. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, 13. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 21. M95-197 Motion to award a contract in the amount of $57,943 to C.W. Campbell Electric for installation of O.N. Stevens Water Plant Remote Controlled Sluice Gate Operators and River Station Telemetry Projects - 1995. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 23. RESOLUTION NO. 022276 Resolution requesting the General Services Commission to allow the City of Corpus Christi Minutes Regular Council Meeting July 18, 1995 Page 11 to participate in State Cooperative Local Purchasing Programs. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 25. ORDINANCE NO. 022278 Allowing the phased closing and abandonment of a 74,881 square foot portion (1.719 acres) of an old undeveloped 40 foot wide street right-of-way out of Lots 3, 4, and 5, Section 10 and Lots 28, 29, and 30, Section I I, Flour Bluff and Encinal Farm and Garden Tract; subject to compliance with the specified conditions, the replatting, within 180 days, and abandonment of a 24,060 square foot portion (0.552 acres) of said 40 foot wide roadway easement; and the replatting of subsequent portions of said 40 foot wide roadway easement within a period not to exceed five (5) years. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." *r*►ssss**s*s Mayor Rhodes opened discussion on Item 13, purchase of tractors and mowers. Responding to Council Member McNichols, Mr. F.D. Glenn, Purchasing Agent, said that the actual amounts of the equipment were more than what was budgeted but it was determined that larger pieces of equipment were needed. Dr. McNichols commented that purchase items should be more accurately budgeted for. Mayor Rhodes called for comments from the audience. Mr. Jimmie Till, 1265 Southern Minerals Road, said there are many parts of Corpus Christi that have not been adequately mowed. Mr. Garza said the purchase of these tractors will help alleviate that problem. City Secretary Chapa polled the Council for their votes as follows: 13. M95-189 Motion approving the purchase of one tractor with 3 -deck rotary mower, one utility tractor, one tractor with front end loader, and one tractor/slope mower in accordance with Bid Invitation No. BI -0233-95 from Coastal Plains Equipment, Corpus Christi, Texas based on low bid and only bid for the total amount of $147,448. The equipment is budgeted in the 1994-95 Capital Outlay as replacement equipment for Stormwater and Park and Recreation. Minutes Regular Council Meeting July 18, 1995 Page 12 The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 16, Geographic Information System Basemap. In response to Council Member Heldenfels, Mr. R.H. Shackelford, Director of Engineering Services, said when the Geographic Information System was installed, a precise control system was installed as well throughout the city. When the basemap was being developed, it was developed off of plats that were dated as far back as the late 1800s; in some cases the plats did not close. The purpose of the proposed contract is to hire a company that will make the necessary adjustments in the downtown/uptown project area. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 16. M95-192 Motion awarding a contract for consulting services in the amount of $19,000 to Thompson Professional Services, Inc. to adjust the Geographic Information System basemap of the downtown/uptown area. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 22, Minority Business Opportunity Committee. Replying to a question from Council Member Black, Group Manager Utter explained how Corpus Christi came to have a designated Minority Business Opportunity Committee (MBOC). He said MBOC was established last year to increase business opportunities to minority businesses through a variety of ways, including providing greater access to money, management, and markets. Mr. Utter credited U.S. Congressman Solomon Ortiz for making officials aware of the opportunity to establish MBOC in Corpus Christi through the U.S. Department of Commerce. Council Member Heldenfels questioned whether recent actions by the U.S. Supreme Court regarding minority businesses would have any effect on MBOC, and City Attorney Bray stated that from what he's read, he did not think it would affect a program like MBOC. Minutes Regular Council Meeting July 18, 1995 Page 13 Responding to Council Member Martin, Mr. Utter said MBOC is designed for minority businesses only. He added that the Minority Business Development Administration does not classify "female" as a minority, although the city does. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 22.a. M95-198 Motion authorizing the City Manager or his designee to execute an agreement with the U.S. Department of Commerce, Minority Business Development Agency to accept a grant for $70,000 to carry out the Minority Business Opportunity Committee (MBOC) Program. The foregoing motion passed by the following vote: Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Rhodes absent. 22.b. ORDINANCE NO. 022275 Ordinance authorizing the appropriation of $70,000 received from the U.S. Department of Commerce, Minority Business Development Agency to continue the MBOC program. An emergency was declared and the foregoing ordinance passed by the following vote: Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Rhodes absent. ssss*rss****a Mayor Rhodes opened discussion on Item 24, an agricultural water use covenant. Council Member Martin said he was not opposed to Item 24, but he wanted to use it as a format to discuss a related item which he said greatly concerned him regarding outside city limits (OCL) water service contracts. He referred to a recent memo from Mr. Carl Crull, Group Manager for Public Works and Utilities, in which Mr. Crull said once the city provides water service to an OCL customer, the city has permanent, perpetual responsibility to repair and maintain that line. Mr. Martin asked if that position has been thoroughly researched legally and, if so, he asked staff to come back with a proposal on rates for OCL customers that would allow for the establishment of a fund to replace water lines. In response to Mr. Martin's concerns, City Attorney Bray said the legal staff has not had the opportunity to thoroughly review the OCL water service policy. Council Member McNichols said he shared the same concerns. Minutes Regular Council Meeting July 18, 1995 Page 14 Mr. Crull explained that the areas the city is obligated to serve are the areas within the Certificate of Convenience and Necessity that was issued by the Texas Water Development Board in 1977; those areas basically extend to the extraterritorial jurisdiction (ETJ) line, which is five miles outside the city limits. Mr. Crull used the example of the water line near Old Brownsville Road, which was developed by the Navy to provide water to Cuddihy Field and later deeded to the city. He added that prior to 1958 the city did not even have a policy regarding OCL water service. Referring to a comment by Council Member Heldenfels, Mr. Crull said the city now has an OCL water services policy, which includes regulations regarding platting, agricultural use, annexation, etc. He said most of the extensions for OCL water contracts are fairly close to the city limits, except for the ones that were extended during the 1940s and 1950s. He said conditions for termination include: "nonpayment of charges; nonuse; or other similar reasons in the usual course of business." Responding to questions from Mr. Heldenfels regarding the contract being proposed, Mr. Crull said that if the applicant, Mr. Wayne Lundquist, decided to eventually develop and plat the land which currently is being used agriculturally, he would then be required to install the water system, sewer system and street system. If it wasn't annexed, the platting ordinance would require the same construction of infrastructure and Mr. Lundquist would have to enter into an OCL water contract, and a brief discussion ensued. Mr. Martin said he had been told that the city does not exercise building control authority (permits, codes and street conditions) within the city's ETJ. Mr. Crull said the building codes are tied in through the OCL water contracts. Specifically regarding the Country Creek subdivision, Mr. Crull said the OCL water contract that was entered into between the developer and the city required them to acquire building permits and have building inspections. Mayor Rhodes called for comments from the audience. Mr. R.J. Herschbach, 4650 Hakel, presented a case that he said he had researched which prohibits the use of city funds for water mains. City Secretary Chapa polled the Council for their votes as follows: 24. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute an Agricultural Water Use Covenant with Wayne Lundquist on 35.29 acres of land out of Section 21, Flour Bluff and Encinal Farm and Garden Tracts, Lots 9 and 10. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." Minutes Regular Council Meeting July 18, 1995 Page 15 * * * * * * * * * * * * * Mayor Rhodes called for a 10 -minute recess. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Items 26-28, further consideration of the proposed FY 95-96 budget. Ms. Grace McNett, Capital Budget Officer, reviewed the proposed FY 95-96 street capital improvement projects: McArdle Road -Carroll to Everhart ($90,000); Texas A&M -Corpus Christi access improvements, Phase 1 ($100,000) and Phase 2 ($1.5 million); Holly Road Phase I ($200,000) and Phase 2 ($1.6 million); Violet Road-Annaville to Starlite ($205,000); Greenwood Drive-SPID to Saratoga ($330,000); and city's share of street construction in new subdivisions ($200,000). Responding to Council Member Cooper, City Manager Garza said the Airline Road project (Wooldridge to Saratoga) was originally budgeted for $410,000, but due to changes in the cost of the other projects, it was deleted from the recommendation because it was a lower priority and it did not fit within the $4.7 million target. Mrs. Cooper said she wanted that project to be reinstated, and she asked if some funds could be taken from the other projects in order to fund the Airline Road project. In reply to Council Member Best, Ms. McNett said the highest priority projects are the two phases of the Texas A&M -CC access improvements and the two phases of Holly Road. Referring to some of the other projects, she said the city has a policy that when a new street is built it should have adequate lighting. Regarding the Nile Drive project, Mr. Crull said the planned improvements include curb and gutter, sidewalk and other improvements near South Guth Park to be more consistent with the rest of Nile Drive. Mr. Garza reemphasized the importance of these projects. In response to Council Member Heldenfels, Mr. Crull explained that when the Spur 3 project (Texas A&M -CC) came about it was designated as a state highway, and the city committed to supporting it. He briefly described the importance of the project, including adequate access and street improvements for evacuation. Regarding the Airline Road project, Mr. Crull said the section of Airline from Wooldridge to Saratoga has dropped in traffic by about 40% since 1986, primarily due to the addition of the Cimarron Road connection and the widening of Airline from Holly to Wooldridge. Ms. McNett and Mr. Crull explained why staff was recommending $200,000 for the city's share of new subdivisions. Council Member McNichols asked why some projects, such as Texas A&M -CC access improvements, have become such a high priority. Ms. McNett explained that part of the reason is that the city lobbied very aggressively for the expansion of what used to be Corpus Christi State Minutes Regular Council Meeting July 18, 1995 Page 16 University into a four-year university, and with that came commitments to improve the infrastructure. In addition, the city lobbied to have Ennis Joslin/Ocean Drive designated as a state highway (Spur 3) in order to leverage its funds with state funds. Ms. McNett and Mr. Crull said the state's inclusion of Holly Road in its PASS program also reduced the city's financial commitment while increasing the area that would be improved; and Greenwood Drive was also eligible for some state funding, which allowed it to be constructed when it might otherwise not have been. Responding to Council Member Martin, City Manager Garza said the street improvement projects themselves did not relate to the budget, but the debt service (in the event that bonds to finance them would be sold) would be included in the budget. After citing several examples, Mr. Martin asked staff to prepare a list of all of the projects, including those which have funds currently allocated and those which are proposed to be funded through a bond sale. Mr. Garza said the Council could proceed with its deliberations on the operating budget and set the street capital improvement program aside temporarily, and staff would return with a thorough analysis and presentation in the near future. A brief discussion ensued regarding the Greenwood and Airline projects, as well as the funding possibilities. Mr. Martin asked if the drainage projects for which funds are allocated could be the responsibility of the Drainage Fund in order to offer some relief to the General Fund, and Mr. Garza replied that he thought it could. Mr. Garza then referred to an update of the preliminary budget document that he had sent the Council members, which addressed the following items: reclassification of an expense in the Marina Fund; an adjustment in the Tourist and Convention Fund; reclassification of the Lavaca-Navidad River Authority payment; a transfer of $951,390 from the Combined Utilities Fund to the General Obligation Debt Fund; and an update of the Texas Municipal Retirement System (TMRS) rate. The City Manager also discussed the summary of major budget items in the General Fund for the proposed budget: revenue increases, including a proposed property tax increase of $0.0058 per $100 taxable valuation, and solid waste fee increases; physical assets; human assets; adjustments to the budgeted unreserved fund balance; and optional adjustments. Mr. Martin made a motion to include the following items in the FY 95-96 budget: Park and Recreation fee increases ($169,816); increases in other General Fund fees ($169,300); eight civilian employees for the Police Telephone Reporting Unit ($189,359); reduce the Neighborhood Improvement -Demolition and Clean -Up item (from $185,000 to $150,000); eliminate the proposed $0.0058 tax increase; incorporate the adjustments itemized in the update of the preliminary budget document; and instruct the City Manager to provide the Debt Service Bond Fund reserve program at the 75% level without a tax increase. The motion was seconded by Dr. McNichols. Responding to Dr. Best, Mr. Martin explained that his motion did not include a property tax Minutes Regular Council Meeting July 18, 1995 Page 17 increase for the street capital improvement projects that had been discussed during a previous Council meeting. He discussed different ways those projects could be funded, including taking the $6.7 million that is currently available and allocating it to the projects with the most stringent time constraints. He added that if the Council did decide to sell bonds for the street projects, they could be sold later so that the tax rate would not be affected until the next fiscal year. Mr. Martin stated that he would not be opposed to allocating taxes for the street projects which were part of the 1986 bond program because those projects were approved by the voters. However, he said it was his opinion that the projects that were not part of the 1986 bond program should be funded through other sources. Mr. Heldenfels asked if Mr. Martin would amend his motion to include $100,000 to pay for the Library Internet computer system. Mr. Martin replied that rather than take the money out of the city's budget, he would prefer to direct staff to consider funding the computer system through the Corpus Christi Housing Finance Corporation and/or the Corpus Christi Community Improvement Corporation. Mr. Heldenfels withdrew his amendment. Responding to Council Member John Longoria, Mr. Garza said the reason the Debt Service Fund can stay above its 75% coverage without a tax increase is due to the transfer of $951,390 from the Combined Utilities Fund for the drainage utility's share of debt service. Mr. Martin pointed out that the City Manager may end up having to increase the taxes in the Debt Service Fund and proportionally adjust the General Fund, which is really the same tax levy. In reply to Mr. Heldenfels, Mr. Garza briefly explained the contribution to TMRS. He said he would provide Mr. Heldenfels with more information. Dr. McNichols pointed out that one of the primary goals of the budget is to preserve the long- term integrity of the G.O. Debt Service Fund, and he said the Council could provide further direction on how to adjust the General Fund if need be. Mayor Rhodes called for a voice vote on Mr. Martin's motion regarding the budget amendments as stated above, and the motion passed unanimously. Mr. Garza then briefly described what those General Fund amounts would be with the inclusion of Mr. Martin's motion. Responding to Dr. McNichols, Mr. Garza said the pay increase for non-union city employees was 3% effective in December 1994; in FY 93-94 there was a lump sum payment of 2% (with no increase to the base) for managerial employees and 3% for non -managerial employees; there was no increase in FY 92-93; and in FY 91-92 there was a 3% increase. Dr. McNichols raised concerns about the proposed 3% salary increase for non-union employees in FY 95-96. Mr. Garza discussed the importance of maintaining those salary increases both for union and non-union employees. Mayor Rhodes said she would not support an attempt to eliminate the salary increase or a Minutes Regular Council Meeting July 18, 1995 Page 18 reduction in hiring, saying she thought the city was understaffed and the employees underpaid. She said although there are a handful of managerial employees who make higher salaries, a large portion of city employees are at or below the poverty level. Mr. Garza gave examples of outstanding service by city employees. Responding to Dr. Best, Mr. Garza said the minimum salary (for a full-time city employee) is about $12,000 per year. The Mayor said she did agree with Dr. McNichols about continuing to direct staff with regard to General Fund expenditures. Following a brief discussion, there was a question about whether Mr. Martin's motion concerning the budget, which was unanimously approved by the Council, was in the form of directions to the staff or an amendment to the first reading of the ordinance approving the FY 95-96 budget. Mayor Rhodes called for a second vote on the motion, which again passed unanimously, formally amending the first reading of the budget ordinance. Mr. Heldenfels said he supported the budget with the amendments, but he did not support the proposed 3% pay increase for city employees. Mr. Martin suggested that Mr. Heldenfels could vote in favor of Item 26 and against Item 27. Mayor Rhodes called for comments from the audience. Mr. J.E. O'Brien, 4130 Pompano, asked about a discrepancy in the ending balance in the Reinvestment Zone Fund of $168,000 and the estimated beginning balance in the proposed budget of $228,000. He asked if there were any possibility in a further reduction in Central Power & Light rates, and if it would affect the proposed budget. Responding to Mr. O'Brien, Mr. Garza stated that there are two funds which impact the Reinvestment Zone: the holding fund in which the money is received, and the debt service fund. He said he would provide a more detailed report on that to both Mr. O'Brien and the Council. Mr. Martin added that rate decreases which adversely affect the city's franchise fees are pretty well offset by a reduction in expenses. Mr. R.J. Herschbach questioned differences between the pay for trainees in the Fire Department and those for shift employees. He said the contracts providing for retroactive pay were illegal and a misappropriation of funds. He also objected to what he said were illegal contributions to the union, and he discussed the posting of collective bargaining meetings. Mr. Herschbach questioned fire employees collecting donations while they are on call. In reply to Mr. Herschbach, Mr. Garza said the Fire Department salary is provided for on an annual basis. Referring to the contracts questioned by Mr. Herschbach, Mr. Bray said staff believes the contracts are valid and are done properly. Mr. Garza added that the fire employees are always on call, even when they solicit donations for charitable organizations. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting July 18, 1995 Page 19 26. FIRST READING ORDINANCE Adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 1995; to be filed with the County Clerk; appropriating monies as provided in said budget; providing for severance. The foregoing ordinance passed on first reading, as amended, by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 27. FIRST READING ORDINANCE Amending Ordinance 3658 as amended, Subsections 251 through 257, revising Classification Schedules. 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 August 7, 1995. Amending Ordinance 8127, Section 510, to provide for, consistent with the pay adjustments required by the Fire Collective Bargaining Agreement for non -managerial personnel, approximate adjustments to Fire managerial salary ranges of 2.5% effective July 24, 1995, and 2.5% effective February 5, 1996, and to provide an approximate 3% general increase and range adjustment to non -Police and Fire managerial classifications, and excluding Municipal Court Judges from the general increase, effective August 7, 1995. Amending Ordinance 8127, Section 700, Subsection 707.1, to be in compliance with life insurance coverage limits set by State law. Amending Ordinance 8127, Section 954, for compliance with the Uniformed Services Employment and Re-employment Rights Act of 1994. Amend Ordinance 8127, Section 1000, to clarify language. Providing for severance. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No." 28. RESOLUTION NO. 022277 Resolution directing the scheduling of a Public Hearing on creation of a Drainage Utility and publication of notice thereof. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." **sst*srs**ss Mayor Rhodes called for the City Manager's report. Mr. Garza said there was a good response from the public over the weekend in reducing water consumption, allowing the stored water Minutes Regular Council Meeting July 18, 1995 Page 20 reserves to be increased. He said the repair of two major water pumps will be completed tomorrow and the emergency conservation effort will be ended. Mr. Martin asked that a comparison of water consumption of the previous weekend with that of this past weekend be conducted. In her report, Mayor Rhodes addressed at length the recent decision handed down by the Texas Court of Appeals, Third District, at Austin regarding the contract with the Lavaca-Navidad River Authority (LNRA). She quoted from the court's decision as follows: "The trial court's judgment adopted the argument of appellees, five City taxpayers...that, in order to be valid, Supply Contract No. 4 had to be approved in a City-wide election. We will reverse that portion of the trial court's judgment presented on this appeal and will render judgment declaring Supply Contract No. 4 valid and sufficient to support the issuance of bonds." The Mayor continued, "The issue presented on appeal is whether Charter section 10 requires voter approval of Supply Contract No. 4 in order for it to be validly authorized....The restriction in Charter section 10 expressly applies to contracts for the purchase of electricity, gas, and oil; it does not expressly apply to contracts for the purchase of water, which is the subject of Supply Contract No. 4....We hold that water purchases are not included....Taxpayers ardently assert that the plain, everyday meaning of `public utility' includes water along with gas and electric utilities.... The phrase in dispute, however, does not list utilities. Instead, it lists items that public utilities, as businesses, might purchase..." Continuing to quote from the decision, the Mayor said, "Taxpayers alternatively argue that...(this) should not apply to Charter section 10, contending that the voter approval restriction for long-term contracts 'is a flat requirement for all public utility purchase contracts' regardless of specific or general categories. Taxpayers offer no authority for this argument, and we find it without merit....Nothing suggests that water purchases were encompassed in the phrase `any other commodity or article used by the public'....Taxpayers argue that case law interpreting article 1175 indicates otherwise....We disagree....The structure of the current Charter also indicates that Charter section 10 does not apply to water purchases....Charter section 11 clarifies the City's power to sell untreated water. Along with other provisions in the original and 1938 Charters, it also indicates that when the City intended Charter provisions to pertain to water, it expressly so provided in the Charter." Mayor Rhodes noted that that wording was almost the same wording that City Attorney Bray and another attorney (a leading water authority in the state) had used when discussing this issue. As read by the Mayor, the court decision also said, "We will not imply a limitation on the broad powers of a home rule city when a city charter does not expressly set forth one...Our examination of Charter section 10 does not reveal a clear and compelling provision or intent requiring voter approval of the City's long-term water purchase contracts, nor does a review of the structure of the entire Charter indicate such a requirement. As such, we do not construe Charter section 10 as requiring that voters approve long-term water purchase contracts. Accordingly, we hold that water supply contracts are not included in the scope of Charter section 10; therefore, the Charter does not require voter approval to validate Supply Contract No. 4." Minutes Regular Council Meeting July 18, 1995 Page 21 In conclusion, the court said, "In light of our construction of Charter section 10, we hold that the judgment declaring Supply Contract No. 4 invalid is erroneous. In a declaratory judgment action, this court has a duty `to render such judgment as the trial court should have rendered.'... We therefore reverse the judgment of the trial court and render judgment declaring Supply Contract No. 4 to be valid in all respects and sufficient to support issuance of bonds." The Mayor went on to say that the issue facing the Council now is whether or not to have a referendum; however, the court ruled that the city has a valid contract with LNRA and it would not be feasible to have a referendum on the contract. She added that the city will have to seek voter approval in order to build a conveyance system for the water supply. Dr. McNichols said what is known is that ensuring an adequate water supply for the future of this city is vitally important. He said much confusion and rhetoric has arisen around this issue, and he asked staff to provide a summary of discussion and actions taken by the Council during the last two years regarding the LNRA contract. Mayor Rhodes echoed Dr. McNichols' request. Mr. Heldenfels referred to a resolution dated November 22, 1993, which says, "...authorizing the City Manager to exercise the City of Corpus Christi's option to enter into a water delivery and conveyance contract." He also quoted from page 6 of the LNRA contract, "project bonds mean revenue bonds of LNRA..." Mr. Heldenfels asked Mr. Bray if revenue bonds would have to be approved by the voters, and Mr. Bray said they would not. Mr. Bray added that LNRA is not issuing bonds for the city conveyance project; there are other bonds of its own that LNRA is going to issue. One of the options the city has under the contract is that it could ask LNRA to do the funding for the city facilities, but later discussion has concluded that general obligation bonds will more likely be used. Mr. Bray said the only thing the city is pledging are utility system revenues; that is, if the city were to default on its obligations under the contract, the other party could not look to city tax revenues, but could only sue to be satisfied out of revenues of the utility system. However, he said this is like other situations where the city has operated a proprietary fund—it can still use tax revenues to pay that debt if it wants to, even though it could not be required to. He added that the city has done that on different occasions. He said the provision of the LNRA contract referred to by Mr. Heldenfels does not obligate ad valorem tax revenues. Mr. Heldenfels said he agreed that the city needed a future water supply, but it was his belief that state law says a city cannot use tax monies for this purpose, and he asked Mr. Bray to look at it. * * * * * * * * * * * * * Mayor Rhodes called for Council concerns and reports, and there were none. Minutes Regular Council Meeting July 18, 1995 Page 22 Mayor Rhodes called for petitions from the audience. Mr. R.J. Herschbach quoted from the state water code, which he said superseded the City Charter, and he said it indicated that when a city enters into a water contract with a district, it is obligated to seek voter approval. Mr. Bray pointed out that that particular provision was thoroughly briefed by the parties in the appellate case and the court held that the LNRA contract was valid. Mr. Lewis Lovelace, 1549 Casa Grande, said that during a recent interview, Mayor Rhodes was quoted as saying that the city could not build a pipeline without a referendum. He said the LNRA contract called for revenue bonds which are not approved by the voters. He said that in May 1994 the Council approved a resolution supporting a referendum, and asked if one was going to be held. The Mayor replied that she had explained why it would not be feasible to hold a referendum on the LNRA contract, since it was declared valid by the court. She acknowledged that apparently they were not going to agree on that issue. Mr. R.F. Hasker, 1813 Wallace, also quoted from the LNRA contract (Sections 3.04 and 3.05) regarding the description of the City Project, including the City Facilities. He noted that the contract also says, "The City Facilities and the City Project will be owned and operated by the City, and the City will pay all expenses of operation and maintenance and any other expenses of any kind associated with the City Facilities and the City Project." Mr. Hasker added that the Taxpayers Association will appeal the Court of Appeal's decision. Responding to Mr. Hasker, City Manager Garza said that the LNRA contract provides for the purchase of water by the city, and in the event the city should ever have to move that water to Corpus Christi, the contract provides for some safeguards to do so. He said the city is not limited to those provisions. Ms. Joanie Williams, 1546 Woodlawn, protested a topless bar to be built at 6425 South Padre Island Drive. She presented a petition containing 80 signatures of citizens opposing the bar. Responding to Mayor Rhodes, Ms. Williams said the zoning of the property is "B-4" General Business District (which does allow bars). The Mayor said that is a frequent problem, but she said she would have staff make sure that that business has the proper zoning. Ms. Williams asked what the neighbors could do to change the zoning of that property. Mr. Bray replied that down zoning would have to be conducted on general zoning principles and overall view, and if that particular lot were spot zoned, it probably would not be upheld. He added that if the bar were already being constructed, it would be "grandfathered" even if the zoning was changed. Ms. Williams said she thought the owner of the building was in the process of repairing the roof on the existing structure. Mr. Ovidio Garcia, 1617 Woodlawn, also appeared to protest the bar. He said the neighbors would meet with their Council Member, Mrs. Cooper, to discuss the issue. Mrs. Cooper replied that she had Mr. Harvey, Director of Planning, and Ms. Sue Corey, Zoning and Code Enforcement Administrator, look into that situation and they concluded that there appeared to be nothing illegal. Minutes Regular Council Meeting July 18, 1995 Page 23 Mr. Garcia emphasized that the bar disrupted the families who live nearby. Ms. Shari Reyes, 1546 Woodlawn, said she has contacted the Texas Alcoholic Beverage Commission regarding the bar, adding that she hoped the zoning could be changed. She said the topless bar was a bad influence on the children living in the neighborhood. Mayor Rhodes said the Council sympathized with her and the other neighbors' concerns. Mr. Jimmie Till, 1265 Southern Minerals Road, said he favored a long-term water supply. He referred to the presentation on Solid Waste Services, and asked how many acres were planned for the new landfill. Group Manager Utter replied that there would be about 2,200 acres, and the exact price has not been finalized. Mr. Till asked the price of the land the city bought across Oso Creek from the Elliott Landfill, and Mr. Utter said he believed it was $1,875 per acre, adding that part of the land included wetlands. Mr. Till said a thorough appraisal of the proposed landfill site be conducted to get the fairest price for the land. Mr. Garza said staff will try its best to keep the price of the new landfill site as low as it can, adding that the purchase is very complicated. He said compared to the overall cost of the new landfill, the cost of the land itself is minimal. Responding to a question from Mr. Heldenfels, Mr. Bray said imminent domain would be an option but it would be hard to come to a price. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 5:40 p.m. on July 18, 1995. * * * * * * * * * * * * *