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HomeMy WebLinkAboutMinutes City Council - 09/19/1995I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Council Meeting of the City of Corpus Christi of September 19, 1995, which were approved by the City Council on September 26, 1995. WITNESSETH MY HAND AND SEAL, this 26th day of September, 1995 Assistant City Secretary SEAL 9011tMEO MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 19, 1995 2 p.m. 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 City Manager Juan Garza City Attorney James R. Bray, Jr. Assistant City Secretary Saundra Koenning Mayor Rhodes called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Mr. Alex Cruz, The Church of Acts, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Black. Assistant City Secretary Koenning 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 September 12, 1995, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Rhodes announced that the Council would not go into closed session to discuss the appointment of Pedro Alvarez, Jr. as Police Chief. Council Member Martin made a motion to confirm City Manager Garza's appointment of Mr. Alvarez, seconded by Council Member Best. Assistant City Secretary Koenning polled the Council for their votes as follows: 1. M95-267 Motion confirming the City Manager's appointment of Pedro Alvarez, Jr. as Police Chief. Minutes Regular Council Meeting September 19, 1995 Page 2 The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. Mr. Alvarez again thanked the Council for their support. Mayor Rhodes opened discussion on Item 2, a presentation on the "Fly Jets" campaign. Mr. Jerry Kane, Chairman of the Air Service Task Force of the Greater Corpus Christi Business Alliance, said that earlier in the year, the task force completed an intensive public awareness campaign costing approximately $70,000 that was successful in increasing ridership on jets in and out of Corpus Christi. He noted that one of the "long-haul" carriers, Continental Airlines, has increased their jet service to three times a day, while Southwest Airlines has continued their eight jets per day. And despite a consistent 80% to 90% load factor on their jets, American Airlines has chosen to withdraw jets from this market. Mr. Kane emphasized the importance of travelers showing their appreciation to the jet carriers by continuing to fly jets here. To do so, he said the task force is proposing to run a lower - budget but longer-term awareness campaign, and they are requesting $25,000 from the city to help pay for that campaign. He pointed out that last year the City Council had approved allocating $25,000 for the first public awareness campaign. Mayor Rhodes said Mr. Kane's request would need to be referred to the staff so they can identify any possible funding sources. Council Member Martin requested that this item be brought back to the Council as a future agenda item, adding that he felt the campaign was an important economic tool for the city. Council Member John Longoria echoed Mr. Martin's comments, and said it was important to continue accessing the Spanish-speaking market. Mayor Rhodes commended Mr. Kane and the other task force members for all of their efforts in retaining jet service to Corpus Christi. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 3, presentation on Capital Improvement Program. Ms. Grace McNett, Capital Budget Officer, referred to an exhibit of different projects labeled "Option A," and she noted that staff has reallocated $955,000 for funding requirements in FY 1995- 96 for projects which are scheduled beyond 1995-96. Only one project that was not included in the 1986 bond sale, the Texas A&M University -Corpus Christi (TAMU-CC) improvements, would be receiving reallocated funds. In developing their proposal, she said staff took into account the Minutes Regular Council Meeting September 19, 1995 Page 3 Council's directive for prioritizing projects based on completing the 1986 bond program, funding the city's commitment toward state and federally funded projects, and requesting funds based on realistic implementation schedules. Ms. McNett said that Option A would require a tax increase in FY 96-97 of approximately two-thirds of a cent per $100 valuation. She then discussed some of the projects listed under Option A, including TAMU-CC access improvements, Greenwood Drive (SPID to Saratoga), McArdle Road (Carroll to Everhart), traffic signal improvements, Violet Road street lighting, Leopard Street (Rand Morgan to Rehfield), development of unimproved park land, and renovation/expansion of existing recreation facilities. Mayor Rhodes pointed out that many citizens have questioned why projects that they approved during the 1986 bond program have not been implemented. City Manager Garza explained that that bond program was a very aggressive one. He said that for several years prior to 1986, the city had grown by approximately 15% a year; however, right before the bond election, the price of oil greatly decreased and Corpus Christi's economy was severely impacted, causing the tax base to shrink. In addition, the voters approved a larger homestead exemption for senior citizens, thereby resulting over the years in a total loss to the tax base of about $700 million. He continued that staff had assumed that the tax base would grow about 10% a year, which is how the 1986 capital improvement program would have been funded. Mr. Garza went on to say that staff considerably reduced expenditures in many of the city's operations to free up monies in order to continue to implement the 1986 bond program. Even in the face of the tremendous decline in the tax base, the city has been able to implement about 90% of that bond program, but it has taken longer than anticipated. Mayor Rhodes emphasized that just because the voters approve a project, that does not mean that the money is available --an adequate tax base has to be available to support the debt service. Council Member Martin asked about prioritizing voluntary paving projects, and Ms. McNett responded that they are completed based on the date that they are certified. Mr. Martin said it would appear that some projects have been implemented before others which were previously certified. Mr. Martin also asked if there was any more information regarding funding of the ramp reversals on IH -37 and the opening of the outlet mall. Mr. Garza said he did not have an update on the ramps, and the schedule for the mall includes an anticipated groundbreaking in early 1996. Mr. Martin said the Council has an obligation to complete those 1986 bond projects which they still believe need to be done. He noted that if Option A is approved as presented, it would mean that the Council is also committing to approving subsequent phases of those projects, such as TAMU-CC access improvements. Ms. McNett agreed that some of the projects need to be reevaluated in terms of their feasibility, their scope and their cost. Minutes Regular Council Meeting September 19, 1995 Page 4 Upon verification from Mr. Garza, Council Member McNichols reiterated that from 1987 to 1993 the tax base continued to decrease; however, to continue providing the same level of services each year, the tax rate sometimes increases. He said even though there has been a small increase in the tax base during the last few years, it would take several years before the tax base is sufficient to fund these projects without raising the tax rate. Dr. McNichols then asked what increase in the tax rate would be required to complete all of the 1986 bond projects, and Mr. Garza replied that it would be a minimum of 2 cents per $100 valuation. Dr. McNichols said that tax increase would fund just these projects and not other needs in the city budget, such as an increase in police and fire personnel and city equipment. Dr. McNichols also asked why any non -1986 projects were included in the staff's recommendation for funding. Ms. McNett replied that the city's highest priority street project was TAMU-CC access improvements (which was not included in the 1986 bond program) because of substantial commitments the city had made when it was lobbying for the former Corpus Christi State University (CCSU) to become a four-year university. She added that other projects which are not as large as TAMU-CC are included because of safety concerns. Mr. Garza continued that the 1986 projects were recommended because of their importance at that time--CCSU was not an issue until after 1986. He pointed out that the TAMU-CC project involves extensive state participation. Mayor Rhodes asked about the timing of street improvements in the Del Mar neighborhood. Ms. McNett said that if an October 1995 bond sale was approved, the design process would not start until fall 1996, with completion expected in mid-1998. Responding to Council Member Black, Mr. Garza said that 25% of the engineering work was completed on Del Mar area streets, Phase I, but that project was discontinued when the decision was made to complete Phase II first. Mrs. Black noted that residents in the Del Mar area worked diligently to help pass the 1986 bond program which included improvements to their streets, and there may be other city projects which may have to be postponed to complete the Del Mar improvements. Ms. McNett reemphasized that staff feels it is imperative to fulfill the commitment made to the voters by completing the 1986 program. Council Member Betty Jean Longoria asked that funds for the Violet Road street lighting project be retained because of safety concerns on that street caused by increased traffic combined with poor lighting. Council Member Heldenfels said citizens have expressed their frustration concerning different 1986 projects that have not yet been completed. Mr. Garza replied that unlike other bond sale programs (such as the local school district), where voters are aware that their approval of the program will result in a tax increase, the city's bond sale program was different: it was designed to stay within the city's tax rate cap, to implement the projects as the economy permitted, while at the Minutes Regular Council Meeting September 19, 1995 Page 5 same time handle all the other challenges placed on the city budget by the community. Mayor Rhodes commented that the 1986 bond program, which consisted of $104 million in projects, was too extensive and not based on realistic figures at the time. And now the city is having to complete it under trying circumstances, so far with much success. Mr. Martin asked staff to investigate the possibility of selling bonds against the assessments on those street projects. Mr. Garza said he would probably look at using that cash flow to support more bonds because the interest would be lower. Responding to a question from Mr. Martin, Mr. Garza stated that since a county (including Nueces County) is authorized by state law to collect $10 from every vehicle registration for a road and bridge fund, then the county should use those funds for that purpose, rather than using state funds, which instead should be allocated to the city. He noted that in Nueces County, the city of Corpus Christi constitutes the majority of the county, but it is not authorized to use those road and bridge funds. Dr. McNichols said he thought that some of the recommended projects needed to be eliminated, and that the city should use the projected increase in the tax base to fund the remaining projects, and citizens will need to realize that some projects will be delayed a few years, particularly the voluntary paving projects. In reply to Council Member Best, Mr. Garza discussed in more depth the road and bridge fund as well as state funding, and efforts to change that law. Mrs. Black asked about funding the engineering costs for Phase I of the Del Mar street project, and Ms. McNett said she estimated the engineering cost to be $150,000. Mr. Martin said he did not think the Council should approve Option B, which would not call for a bond sale and which would require the reallocation of available funds for the highest priority projects, thus further delaying other projects. *Council Member Cooper arrived at the meeting at 3:20 p.m. Mr. Martin suggested projects which could be funded in the upcoming fiscal year, including TAMU-CC and Del Mar Phase I. A discussion ensued about the way to fund those projects. Council Member Cooper said that since the state funds for the Airline Road project (Wooldridge to Saratoga) would still be available for another year, she would not object to eliminating that project with the premise that it be reevaluated before the expiration of the funding. Replying to Mayor Rhodes, Ms. McNett and the Council members discussed different Minutes Regular Council Meeting September 19, 1995 Page 6 projects which they felt were low -priority projects. Mr. Garza said he would bring back a firm recommendation regarding how to implement this street improvement program. Mayor Rhodes called for comments from the audience. Mrs. Dorothy Spann, 502 Del Mar, referred to material she distributed to Council members concerning the Del Mar area street improvements. She emphasized the importance of completing projects in the order they are received and certified by the city. Mayor Rhodes requested that staff prepare a memo addressing that point. Ms. Becky Bracket, 126 Naples, also addressed the Del Mar area project, pointing out that drainage in that neighborhood is deplorable. Ms. Sandy Keller, also a Del Mar resident, discussed the importance of the city honoring the commitments it has made to its citizens. Dr. Richard Noster, 521 Del Mar, explained why the Del Mar project is not just a neighborhood concern. Ms. Nelda Martinez, 513 Cole Street, said improvements in the Del Mar area are very much needed and she urged that funding be obtained to complete that project. Ms. Jennifer Lorenz, 637 Atlantic, described the poor condition of sidewalks and streets in the Del Mar neighborhood, adding that they are very unsafe. Mr. Bill Brown encouraged the Council to complete the 1986 bond program, including the widening of Airline Road between Wooldridge and Saratoga. Mr. J.E. O'Brien, 4130 Pompano, said that so far this year, the Council has approved almost $50 million in bonds, none of which were approved by the voters. He suggested that the staff furnish the Council with a list of the city's outstanding debt, broken down by general obligation debt, certificates of obligation, and revenue bonds. Mrs. Betty Hoelscher, 434 Atlantic, thanked the Council for evaluating the capital improvement projects, saying it was a matter of personal integrity that they complete the 1986 bond program. Mr. R.J. Herschbach, 4750 Hakel, commented about diverting bond fund monies. Referring to the fact that she is chairperson of the Metropolitan Planning Organization (MPO), Mayor Rhodes explained some of the complexities involved in transportation funding. She Minutes Regular Council Meeting September 19, 1995 Page 7 said that the MPO is a board which makes recommendations to the state, and it consists of the Mayors of Corpus Christi and Portland, the County Judges from San Patricio and Nueces Counties, a representative from the Port Authority, the District Engineer from the Texas Department of Transportation, and a representative from the Regional Transportation Authority. Mr. Carl Crull, Group Manager for Public Works and Utilities, commented about whether the Leopard Street project should be included in the list of projects seeking funding recommendation from the MPO, and Mayor Rhodes said she thought it should. Responding to Dr. McNichols, Mr. Crull explained that the Leopard Street project was not included on a final list of recommendations for the MPO, and city staff may make a counterproposal during an upcoming MPO meeting. Following a brief discussion, it was determined that staff would try to bring their recommendations about the street capital improvement program back to the Council for the September 26, 1995 meeting. 3.b. POSTPONED in FY 95-96 mid a.. inti,lei..ei.tation plan, fe. the-1.,ei41.,tiel of the rei..ai..:ng 1986 -bard projccts, (Optiai A), which would /tittiie future -bend saks beyei.d FY 95-96; and Ce.tificata of Obligati.,n i.i the amount of $4.8 milliei. (plus bond issuance eosts)-tu seppert • * * * * * * * * * * * * * Mayor Rhodes called for a brief recess. * * * * * * * * * * * * * Before opening discussion on Item 4, Mayor Rhodes announced that the next Metropolitan Planning Organization meeting would be held on October 5, 1995 at 2 p.m. She then introduced Ms. Yvonne Haag as her new administrative assistant, who replaced Ms. Debbie Lindsey -Opel. Ms. Haag had been working in the Park and Recreation Department before moving to the Mayor's Office. The Mayor referred to Item 4, JFK Causeway environmental/safety study. Dr. Joe Moseley, of the firm of Shiner, Moseley & Associates, introduced Ms. Leah Olivarri, an associate on the study of modifications to the JFK Causeway. Dr. Moseley discussed in detail aspects of the study, including the following: the Laguna Madre and surrounding area before and after the causeway was built; impetus of the study, including safety and environmental concerns; objectives and process of Minutes Regular Council Meeting September 19, 1995 Page 8 possible causeway modifications; major issues; public access effects; and a comparison of five possible modification alternatives. Dr. Moseley went on to describe the recommended altemative, which consists of constructing two parallel 5,000 -foot bridges from Flour Bluff to east of Humble Channel; removing the fill under the bridges to improve circulation in the Laguna Madre; removing the existing Humble Channel Bridge; creating a turn -around under the bridge for Laguna Shores and for public access; raising the rest of the roadway to at least nine feet; and leaving the existing high bridge in place over the Intracoastal Waterway. Dr. Moseley said the next step is to present this information to the County Commissioners of Nueces and Port Aransas counties, the Metropolitan Planning Organization, and the Texas Transportation Commission. He pointed out that a project of this magnitude will take years before construction is even initiated. Council Member McNichols stated that one of the strengths of this proposal is the amount of consensus -building that preceded it, and he commended Dr. Moseley and all those involved in the project for their efforts. Responding to Council Member Best, Dr. Moseley described sloping of the roadway and other aspects of the proposal. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 4.b. M95-268 Motion expressing the City Council's support of the study team's recommended environmental and transportation improvement alternative for the John F. Kennedy Causeway. 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 5, new landfill site. Mr. Tom Utter, Group Manager for Development Services, introduced Mr. Charles LeRoy, Chairman of the Citizens Landfill Site Advisory Committee. Noting that the committee was Minutes Regular Council Meeting September 19, 1995 Page 9 appointed by the City Council in July 1992, Mr. LeRoy then introduced the members: Freddie Cavazos, Cecil Russo, Joe Adame, Julia Williams, Florence Adams, Frances Cummings, and Alicia Gallegos -Gomez. Mr. LeRoy described the process by which the committee came up with its recommendation for a new landfill site on approximately 2,250 acres of land owned by Mr. John 0. Chapman Jr. Mr. LeRoy emphasized that current regulations for landfills are much more stringent and contain many more health safeguards than in the past. Mayor Rhodes thanked the committee members for their diligence in serving the community on an unpopular project. Mr. Utter used graphics to further describe the landfill site selection process, which began in 1992. He noted that over 257 square miles of land in a three -county area was evaluated, eventually leading to the selection of a primary and alternative site. The primary site was presented to the City Council in June 1993, which tabled action on the issue pending further analysis of the site. The Council also directed the staff to enter into further negotiations with the landowner to increase the size of the site so as to provide a larger buffer area around the landfill and a longer landfill life. In addition, a "fatal flaw" analysis was conducted, which indicated that no fatal flaw existed on the proposed site. He used a map to illustrate the site's location at FM 2444 and County Road 57, approximately seven miles southwest of the city limits. Mr. Utter also described the current lifespan of the Elliott Landfill, and stated that staff is predicting that it will take approximately 36 months to design and permit the proposed new landfill site; construction is estimated to take 18 months. He also reviewed approximate costs of closing the Elliott Landfill and opening the new landfill; funding sources; access to the proposed site; population density; as well as other issues. A video of the proposed site was also shown. Council Member Heldenfels said the purchase price of the proposed landfill site is two to three times higher than it should be, and he said there was no information in the proposed option contract about a non -drilling clause. Mr. Utter replied that staff used several criteria in determining the purchase price of the site, including investigating what other cities have paid for their landfill areas and having the site appraised. He emphasized that staff feels the proposed purchase price is reasonable and was reached following negotiations with Mr. Chapman. Responding to one of Mr. Heldenfels' questions, City Attorney Bray said the option agreement states that "...for so long as the property is being used for landfill purposes, seller waives the right to mine or extract minerals existing within 200 feet of the surface by means which consume, destroy, or render the property unusable for landfill purposes..." Mr. Bray said that with respect to oil and gas, staff believes the design of the landfill will accommodate drilling of those minerals. He said it was staff's intention within the permitting process to work closely with the mineral owners to address that issue. Mr. John Bell, an attorney representing the Cowles Memorial Trust and the Cowles Charitable Trust (which owns over 4,000 acres immediately south and east of the proposed landfill Minutes Regular Council Meeting September 19, 1995 Page 10 site), gave a brief presentation outlining concerns associated with the selection of the Chapman property. He pointed out that in 1993 the Citizens Advisory Committee recommended that the new landfill consist of a minimum of 800 acres, which then grew to 1,200 acres and finally 2,275 acres. He said the consultants hired to evaluate the site selection reported that the life of the proposed site is anywhere from 100 to 171 years, which is longer than originally proposed. Mr. Bell also said that due to the site's distance from the city, the transportation costs would be substantially higher than they are now. Mr. Bell discussed additional costs under the proposed option contract, including the roll- back tax liability which would be triggered when this site becomes exempt and is taken off the tax rolls. He said there were altemative sites which had lower transportation and acquisition costs and impacted fewer people. Council Member Best stated that the Chapman property was determined to be the most feasible choice for the new landfill. Mr. Bell pointed out that the city had asked if there were any landowners who were interested in possibly selling their land for use as a landfill, but a purchase price was not discussed; however, following confidential negotiations with Mr. Chapman, the purchase price of $2,400 per acre was determined. Replying to Council Member Martin, Mr. Bell said that under the property tax code, changing the property to exempt status (which happens automatically when a governmental entity acquires a property) is the triggering event for roll -back. Mr. Martin also asked about the consultants' estimate of the transportation costs, and Mr. Bell stated that those costs were determined using a transportation centroid in the city. A discussion ensued about the distance from the city of the proposed landfill versus an alternate site. In response to Council Member McNichols, Mr. Utter said the construction costs over time will be less at the proposed site than they would have been at a smaller site. He noted that one of the costs involved is the permitting cost. Replying to Mayor Rhodes, Mr. Utter said there are no residences on the site; there is a broadcasting tower owned by KEDT-TV in one corner. Mr. Utter also briefly described the landfill buffer area, which could continue to be used for agricultural purposes. He added that the Council could appoint a committee consisting of neighbors living near the site to assist in the permitting process. Mayor Rhodes called for comments from the audience. Mr. Dwaine Perrenot expressed concern about possible devaluation of his property caused by his proximity to the new landfill. He said he and his family moved to that area to get away from violence and other negative aspects of city life. Ms. Peggy Lorenz described the area in which she lives as a growing and close-knit Minutes Regular Council Meeting September 19, 1995 Page 11 community, adding that the vast majority of the residents would be located within one mile of the landfill. She said if the Elliott Landfill is any indication, the new landfill will be an eyesore, will produce a stench and could possibly affect the health of the surrounding residents. Mr. Melvin Burch asked if the city will reimburse the landowners adjacent to the site when their land is devaluated. Ms. Zaidee Winton said she lives half a mile from the proposed landfill site, and has been there about 38 years. She said she and her neighbors are not only concerned about the garbage that will be buried at the site, but also about the dust caused by the heavy equipment that will be used there. She urged city staff to reconsider alternate sites and to advertise the fact that the city is willing to pay a premium for that land. Mr. Robert Pyle said the proposed site would impact more residents than any of the other alternate sites. He also questioned the large size of the proposed site and the resulting acquisition costs. He noted that at any time during the permitting process, the selected site could be rejected. He urged the Council to consider an alternate site. Mr. Don Dunlap, Assistant General Manager of South Texas Public Broadcasting, said that !Y Minutes Regular Council Meeting September 19, 1995 Page 12 different people, and there was concern that an option contract would not be obtained, resulting in condemnation of the site. Mr. LeRoy also briefly described other reasons why the Citizens Advisory Committee did not choose Site 7. Mr. Martin again raised the issue of the transportation costs relating to Sites 6/9 (the Chapman property) and Site 7. Mr. Grant Jackson, of Naismith Engineering Inc., described in detail the process that was used to determine those transportation costs, and a discussion ensued. Assistant City Secretary Koenning polled the Council for their votes as follows: 5.a. RESOLUTION NO. 022353 Resolution approving the Citizen's Landfill Site Advisory Committee's recommendation for a new landfill site and authorizing the City Manager to execute an option agreement with Mr. John O. Chapman, Jr. in the amount of $545,760 to purchase 2,250 acres, more or less, being all of Section 22 and 41, the south half of Section 42, and the north half of Sections 43 and 44, Laureles Farm Tracts, for landfill purposes. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; J. Longoria absent. Mayor Rhodes then referred to Item 5.b., regarding soliciting requests for proposals for professional services. Dr. McNichols questioned the need to modify the city's rule concerning local and non -local participation. Mr. Utter replied that it is imperative that the city utilize a consulting engineer who is very familiar with the landfill permitting process because of the magnitude of this project. Responding to Mr. Heldenfels, Mr. Utter said Naismith Engineering was successful in obtaining a new landfill permit for the City of Alice. Mr. Heldenfels said he was not in favor of the proposal. Mr. Martin said he agreed with Council Members McNichols and Heldenfels on this issue. He said his concern was that the motion itself did not specify the amount of local participation that would be required, and Mr. Utter said the motion could be modified to reflect the Council's directives. Mr. Martin stated that the Council should review the request for proposals (RFPs) before they are sent out, and it was concluded that staff would bring the RFPs back to the Council in the near future. 5.b. WITHDRAWN Minutes Regular Council Meeting September 19, 1995 Page 13 1 Municipal Solid Wastc (MSW) pe.a.it for a.icw laiJfill f1 111 the Tcxas Natu.uMl R. Censurvatie,i Cei..missie„ (TNRCC). Referring to Item 5.c., Mr. Utter said staff asked the Texas Natural Resource Conservation Commission (TNRCC) for the names of legal firms which have been involved in the permitting of landfills. He said since this is such a specialized area of the law, staff is strongly recommending that they be allowed to proceed with those requests for proposals. Responding to Mr. Martin, Mr. Utter said staff had thought about combining the RFPs for the legal and engineering services, but after much discussion, staff decided to recommend separating the RFPs in order for the city to hire two firms directly, rather than having one firm responsible for hiring the other firm. Dr. McNichols questioned whether there was a local legal firm that was familiar with the permitting process, or a local firm that could provide most of the legal services required with some specific expertise provided by a non -local firm. Mr. Utter said that might be possible. Regarding the separation of the two RFPs, Mr. Garza added that it was his intention that the legal firm should work for the city and not for the engineers. Mayor Rhodes said she felt the RFPs for legal services should proceed. Assistant City Secretary Koenning polled the Council for their votes as follows: 5.c. M95-269 Motion authorizing staff to solicit requests for proposals for legal services as they apply to the landfill permitting process. The foregoing motion passed by the following vote: Rhodes, Best, Black, B. Longoria, and Martin voting "Aye"; Heldenfels and McNichols voting "No"; Cooper and J. Longoria absent. ****+******** Mayor Rhodes opened discussion on Item 6, platting ordinance. Council Member Martin asked why this item was being considered as an emergency. City Attorney Bray stated that there is a particular case that has been waiting for this issue to be resolved, and they are waiting to see if they can have their plat amended, which is scheduled for a meeting of the Planning Commission on September 20, 1995. Minutes Regular Council Meeting September 19, 1995 Page 14 Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 6. ORDINANCE NO. 022354 Ordinance amending the Platting Ordinance, Section IV, Design Standards, Paragraph A, Streets, Subparagraph 19, Private Streets, by eliminating the requirement for a 24-hour security guard or a self -activated gate at the entrance to the private street area and clarifying the property owners' obligation for maintenance of private streets; providing for penalties; providing for severance and publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. *********** * Mayor Rhodes announced that Item 7, Zoning Case No. 795-4, was withdrawn by the applicant, Mr. Harold Kronke. WITHDRAWN The Mayor then opened the public hearing on the following zoning case: 8. Case No. 895-2. L.D. Coffey: A change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Highway Park, Block B, Lot 5, located on the east side of Rhodes Court, approximately 250 feet south of Leopard Street. Mayor Rhodes said the Planning Commission and staff recommended approval. No one opposed the zoning application. Council Member Best made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. Assistant City Secretary Koenning polled the Council for their votes as follows: ORDINANCE NO. 022355 Amending the Zoning Ordinance upon application by L. D. Coffey, by changing the Zoning Minutes Regular Council Meeting September 19, 1995 Page 15 Map in reference to Highway Park, Block B, Lot 5 from "R -1B" One -family Dwelling District to "B-4" General Business District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 9 through 16, and Council Members requested that none of the items be withheld for discussion. Assistant City Secretary Koenning polled the Council for their votes and the following were passed: 9. M95-270 Motion awarding a contract in the amount of $218,750 to Naismith Engineering, Inc. for engineering services associated with the Del Mar Area Phase III Street and Utility Improvements. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. 10. ORDINANCE NO. 022356 Ordinance determining the necessity for and ordering the improvement of the following streets in the City of Corpus Christi, Nueces County, Texas: South Padre Island Drive/Ayers Area Street Improvements Alaniz Street - Sacky Street to Sokol Drive Wharton Street - Sokol Drive to Dead End South Green Grove Street - Winters to Home Road Alexander - Green Grove Street to 197 feet east of Ayers Street Hudson Street - Prescott to Vestal Vestal - Hudson to Sherman Vitemb - Hudson to Sherman; requiring the Director of Engineering Services to prepare and file plans and specifications; requiring the City Secretary to file notice in the office of the County Clerk, Nueces County, Texas as to the action therein; providing how such improvements shall be paid. Minutes Regular Council Meeting September 19, 1995 Page 16 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. 11. ORDINANCE NO. 022357 Ordinance approving the written statement of the City Engineer of various costs for the improvements of the following streets: South Padre Island Drive/Ayers Area Street Improvements Alaniz Street - Sacky Street to Sokol Drive Wharton Street - Sokol Drive to Dead End South Green Grove Street - Winters to Horne Road Alexander - Green Grove Street to 197 feet east of Ayers Street Hudson Street - Prescott to Vestal Vestal - Hudson to Sherman Vitemb - Hudson to Sherman; determining the portion of said costs to be assessed against abutting property and the portion to be paid by the City; setting a public hearing on the preliminary assessment roll during the regular 2:00 p.m. meeting of the City Council on October 17, 1995 in the Council Chambers, City Hall, 1201 Leopard Street, Corpus Christi, Texas. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. 12. M95-271 Motion authorizing the City Manager of his designee to submit a technical assistance proposal to provide services to Disadvantaged Business Enterprises (DBE) and Historically Underutilized Businesses (HUB). The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. 13. ORDINANCE NO. 022358 Ordinance amending the 1995-1996 City Budget Ordinance, No. 022279, to decrease the number of Firefighters I from 149 to 125, and to increase the number of Firefighters II from 133 to 157. Minutes Regular Council Meeting September 19, 1995 Page 17 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. 14. ORDINANCE NO. 022359 Ordinance appropriating $27,696.41 of unclaimed seized funds from the City of Corpus Christi Law Enforcement Pending Account (Nations Bank Account No. 112-016930-0) to the Law Enforcement Trust Fund (Account No. 111-000-243.12). An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. 15. FIRST READING ORDINANCE Closing and abandoning a blanket pipeline easement on Lot 6 and a portion of Lot 5, Block 1, Lake View Acres Subdivision; subject to compliance with the specified conditions and the replatting of the property within 180 days. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. 16. ORDINANCE NO. 022360 Amending Ordinance No. 022092 to provide for a new contractual date and repealing Ordinance No. 022201; amending Exhibit 1 to Ordinance No. 022092 by amending Article III Section (e) and deleting Article III Section (f) from the Industrial District Agreements; authorizing the City Manager to execute corrected Industrial District Agreements, substantially in accordance with Ordinance No. 022092, as amended, to conform the agreements in accordance with Ordinance No. 022092, as amended, to properly identify companies and parcels of land, and to file the agreements in the official records of Nueces County, Texas; and providing for severance. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes called for the City Manager's report. Mr. Garza announced that the new street Minutes Regular Council Meeting September 19, 1995 Page 18 configuration at Holly Road and Carroll Lane will be open on September 20, 1995, but it will not have traffic signals yet; it will have stop signs. He said that items scheduled for the September 26, 1995, Council meeting include: a public hearing on Phase III of the annexation program; a meeting of the Workforce Development Corporation; a contract for the thermal energy project; and the first reading of the proposed graffiti abatement ordinance. In her report, Mayor Rhodes said that the grand opening of First Data Corporation's new facility was very successful, and it demonstrated the importance of encouraging such businesses to operate in Corpus Christi. She said the First Data management has commented very favorably on the quality of the workforce in this area. Mayor Rhodes called for Council concerns and reports. Council Member McNichols said the Council needs to deal directly with the net present value comparison of Lake Texana water and desalinization. He said it was discussed that an objective third party be brought in to evaluate the conflicting data. Council Member Martin requested information regarding Phase III of the annexation proposal, in anticipation of the public hearing scheduled for September 26. He also asked if the planned bond sales could be combined, and Mr. Garza said that was staffs intent in order to reduce the issuance costs. Mr. Martin said that a few months ago the Electrical Commission made a recommendation to stop unlicensed contractors from being allowed to work in the city. He said the recommendation went to the Legal Department; however, no action has been taken yet and it was subsequently pulled from the day's agenda. Mr. Garza said he pulled that item so it could be revised and it will be discussed at the next Council meeting. Council Member Best echoed Mayor Rhodes' comments about the success of First Data Corporation, and he said the Council should support other such companies. Council Member Betty Jean Longoria requested a report on the status of a parking lot on Tract 16. She also asked for more information about Mr. Kronke's zoning case. Council Member Heldenfels said he did not think that the third party that will evaluate the water supply issue should be from a local university because they would have a vested interest. Mayor Rhodes said the local university was not being used, but if they were, she said she felt they would be ethical and trustworthy. Mayor Rhodes called for petitions from the audience, and there were none. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 7:05 p.m. on September 19, 1995.