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HomeMy WebLinkAboutMinutes City Council - 12/12/1995I 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 December 12, 1995, which were approved by the City Council on December 19, 1995. WITNESSETH MY HAND AND SEAL, this 19th day of December, 1995 Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 12, 1995 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem John Longoria Council Members: Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria Edward Martin Dr. David McNichols 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 Father Christos P. Matos, St. Nicholas Greek Orthodox Church, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Black. 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 November 28, 1995, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 1, an update on the city's United Way Campaign. Mr. Christopher Nelson, Executive Director of the United Way of the Coastal Bend, said that city employees' participation in this year's United Way Campaign exceeded last year's participation which, at 85%, placed Corpus Christi among the top three municipal campaigns per capita in the country. He said this year, city employees raised a total of $153,635. Mr. Nelson thanked the Council and city department heads and staff for their efforts, on behalf of Police Officer Larry Olivares, the Campaign Chairman, and Mr. Charles Leroy, Board President. * * * * * * * * * * * * * Minutes Regular Council Meeting December 12, 1995 Page 2 Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Electrical Advisory Board Curtis Proske (Reappointed) Ralph Skinner (Reappointed) Salvatore Vetrano (Reappointed) Human Relations Commission Anna Mercado Municipal Arts Commission Bernadette Vela Oil & Gas Advisory Committee Robert Hagens (Reappointed) Don Kersting (Reappointed) Peggy Carlson C. Scott Royal Charles West Senior Community Services Advisory Committee Bob Schafer (Reappointed) Gloria Garza (Reappointed) Maxine Reser (Reappointed) Annie Poldrack (Reappointed) Elsa Ciminelli (Reappointed) Kelly Gonzalez (Reappointed) Marjorie Hays (Reappointed) Carmen Arias (Reappointed) Edna Gibson ,Senior Companion Program Advisory Committee Diane Bell (Reappointed) Gail Hanson (Reappointed) Janet Neely (Reappointed) Maria Gutierrez (Reappointed) Teresa Cisneros (Reappointed) Pete Oliver William Missell T Sister City Committee Elizabeth Iglesias Marilyn Pierce Minutes Regular Council Meeting December 12, 1995 Page 3 Mayor Rhodes opened discussion on Item 2, bond sale. Ms. Rosie Vela, Director of Finance, said that two companies submitted bids on both the certificates of obligation (CO's) and the general improvement bonds --Merrill Lynch and Smith Barney. The winning bids were submitted by Merrill Lynch, which consists of different companies. City Manager Garza commented that the bonds were submitted to both bond rating agencies (Standard and Poor's Rating Group and Moody's Investors Service) for their review. He said the city was able to retain the same bond rating from both agencies; however, Standard and Poor's changed the city's outlook from "stable" to "negative," which reflects some concerns it has about the city's financial situation. He said he would provide the Council with an in-depth explanation of those ratings. Responding to Council Member Martin, Mr. Garza said Standard and Poor's would lower the city's bond rating unless it addresses two key situations by the end of the current fiscal year (July 31, 1996): ensure that General Fund revenues equal expenditures, and develop a plan to increase the fund balances. Mr. Martin commented that a mid -year budget session would be needed to address those issues. Council Member McNichols agreed it was important to raise the fund balances, but he questioned the methods that would be used. He said the reason he was originally opposed to completing the 1986 bond program was because the city raised property taxes to do so. Mr. Garza pointed out that if the rating agencies' representatives would visit Corpus Christi, they would see that this city continues to handle its challenges while not experiencing much of the decline that many other U.S. cities experience. Council Member Heldenfels suggested that one cause of the cautionary rating from Standard and Poor's may be the total amount of the certificates of obligation. In reply to Council Member Best, Mr. Garza said Texas cities are capped at $2.50. He added that if the city's rating is lowered one step, it would be to an "A" rating, and the resulting cost would depend upon the total amount of debt that is issued. Dr. Best asked if the rating would change if the citizens voted to remove the tax rate cap, and Mr. Garza speculated that the city's rating would be "AA," the same as the Port of Corpus Christi and Nueces County. However, he added, the fund balances are a particular concern. Responding to another question from Dr. Best, Mr. Garza said the tax rate cap could be removed one of two ways: the City Council could establish a Charter Revision Committee (as it had before), or the citizens could petition for it. He added that previously, the Council created a separate category for bonds to be sold in the future, at which time two authorizations would be needed --one to actually sell the bonds, and a second authorization to levy a tax to retire those bonds, which would Minutes Regular Council Meeting December 12, 1995 Page 4 place the bonds outside of the tax cap. Council Member Martin pointed out that certificates of obligation are not outside the tax cap, and it appears that the city will have to utilize voter -approved bonds for future capital improvements. Mr. Martin suggested that given the city's tax cap and other issues, the city's rating may be too high. He noted that the city's bonds are clearly investment-grade. Mrs. Vela pointed out that the city's bonds are insured. Mayor Rhodes called for comments from the audience. Mr. J.E. O'Brien, 4130 Pompano, questioned the amount of debt this city can afford, adding that the city has limited resources. He also objected to the issuance of over $11 million in certificates of obligation, adding that there is excessive use of CO's over voter -approved bonds. He commented on the concerns raised by the bonding companies --one of which was the amount of the fund balances --and Mayor Rhodes pointed out that Mr. O'Brien opposes keeping high fund balances. Mrs. Dorothy Spann, 502 Del Mar, asked for assurance that the planned Del Mar area street improvements will be constructed; Mayor Rhodes and Mr. Garza replied that those improvements will be made. City Secretary Chapa polled the Council for their votes as follows: 2.a. ORDINANCE NO. 022424 Ordinance by the City Council of the City of Corpus Christi, Texas providing for the issuance of $11,035,000 City of Corpus Christi, Texas Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 1995 and ordaining other matters relating to the subject. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols voting "No." 2.b. ORDINANCE NO. 022437 Ordinance providing for the issuance of its $9,385,000 General Improvement Bonds, Series 1995-B of the City of Corpus Christi and providing for the levy, assessment and collection of a tax sufficient to pay the interest on said bonds and to create a sinking fund for the redemption thereof at maturity; repealing all ordinances in conflict herewith; and ordaining of matters relating thereto. Minutes Regular Council Meeting December 12, 1995 Page 5 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols voting "No." 2.c. ORDINANCE NO. 022438 Ordinance appropriating $2,315,00 to the Street Capital Improvement Fund No. 567 for street improvements; appropriating $8,110,000 to the Public Health and Safety Capital Improvement Fund No. 537 for disposal needs in closing the Elliott Landfill and preparing for a new landfill; appropriating $610,000 to the Bayfront Arts and Sciences Park Capital Improvement Fund No. 588 for the Thermal Energy Storage System - all from the proceeds of the sale of $11,035,000 in Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 1995; appropriating $8,550,000 to the Street Capital Improvement Fund No. 568 for voter approved street projects; and appropriating $835,000 to the Park and Recreation Capital Improvement Fund No. 558 for voter -approved park projects - all from the proceeds of the sale of $9,385,000 in General Improvement Bonds, Series 1995-B. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols voting "No." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 3, conclusion of the 1986 bond program. City Manager Garza said that with the implementation of the projects funded through the day's bond sale, it effectively completes the 1986 bond program. He said the overall scope of that program was approximately $104 million, of which about $97 million has been issued. He said that by leveraging local funds toward federal and state participation, the total improvements equal approximately $318.6 million. Ms. Grace McNett, Capital Budget Officer, explained that the Park and Recreation Department warehouse will not be constructed, nor will the balance of the Oso Creek development funds be required because the scope of that project has been met. In addition, the land acquisition funds for a public safety facility at Bear Lane and Padre Island Drive will not be needed. And in the street program, the city was able to realize some surpluses due to leveraging of local dollars. Responding to Council Member Betty Jean Longoria, Ms. McNett went on to explain that it was determined that the Bear Lane facility was not needed at this time because anticipated development in that area has not occurred. Mr. Garza added that it is hoped the city will work cooperatively with the Regional Transportation Authority, which has a facility in that area, in Minutes Regular Council Meeting December 12, 1995 Page 6 possibly locating a fire station there. Mrs. Longoria reiterated the success of the 1986 bond program, especially through the use of other funding sources. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 3. RESOLUTION NO, 022427 Resolution determining the scope of the 1986 Bond Program approved by the voters will be met with the issuance of $9,385,000 in General Obligation Bonds during the 1995-96 Fiscal Year; and declaring the issuance of $7,430,000 from the $105 million authorization as no longer necessary. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 4, Phase IV annexation program. Mr. Tom Utter, Group Manager for Development Services, reviewed the annexation proposal for Tract A6, which involves property bordering on FM 624. He noted that during the City Council public hearing on November 21, 1995, it was concluded that two subdivisions located in A6 --Rio Lado and Valley View --would not be recommended for annexation at this time. He said that even though the residents of those subdivisions opposed annexation of their property, they seemed to support annexation of property directly to the north in order to control development there. In addition, developmental pressure appears to be occurring in that tract westward from Hwy. 77. Responding to Council Member Martin, Mr. Utter said the only real controls that the city does not have outside its city limits that it has inside the city limits are zoning, building permits, and building inspections. Mr. Utter also addressed other aspects of subdivision development. Upon verification from City Attorney Bray, Mr. Martin said the city is not allowed to issue contractual agreements with regard to annexation, with the exception of industrial districts and as part of a water agreement. Council Member Heldenfels said he did not support annexing Tract A6, but he did support the rest of the annexation proposal. Mr. Bray pointed out that Mr. Heldenfels or another Council member could make a motion to amend the annexation proposal by deleting a particular tract. 7 Minutes Regular Council Meeting December 12, 1995 Page 7 Mr. Heldenfels then made a motion to delete Tract A6 from annexation, seconded by Council Member Betty Jean Longoria. City Secretary Chapa polled the Council, and the motion failed to pass by the following vote: Black, Heldenfels, and B. Longoria voting "Aye"; Rhodes, Best, Cooper, J. Longoria, Martin, and McNichols voting "No." Council Member Best inquired about the location of Mr. Charles Wilson's property in Tract A6, which Mr. Utter pointed out. Dr. Best said he saw no reason for including Mr. Wilson's property in the annexation proposal. Mr. Utter acknowledged that for Mr. Wilson's current agricultural use of his property, there is no advantage to being annexed; however, development pressure is occurring in that area. Dr. Best made a motion to delete Mr. Wilson's 40 -acre property from the annexation proposal, with the understanding that if his property were developed, it would be subject to annexation; the motion was seconded by Mr. Heldenfels. City Secretary Chapa polled the Council, and the motion failed to pass by the following vote: Best, Black, and Heldenfels voting "Aye"; Rhodes, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "No." Council Member John Longoria asked about the cost of the service plan for Tract A6, and Mr. Utter replied that there basically is no cost. Mr. Longoria then asked if there were any factors that would prohibit or diminish the possibility of development of that tract. Mr. Willie Pulido, City Planner, replied that there was a power line running through the tract, and Mr. Utter added that he did not think it would prevent development. Mr. Longoria also asked about property in Tract A5. Mr. Utter explained that that tract was part of the old Wood River subdivision and it had an annexation deferment agreement dating back to about 1979; however, that agreement is not valid because the city cannot give away its power of annexation. In order to avoid a drawn out legal battle over that deferment agreement, and since the developers told staff they would guarantee to annex a percentage of their property into the city every year, staff recommended to the Council that that property be deleted from the annexation proposal. Mr. Utter also referred to another piece of property of which most of it is wetlands. Mr. Martin expressed frustration about several aspects of this annexation program. Mr. Utter replied that staff attempted to bring to the Council a reasonable annexation proposal, which the Council ultimately modified, thus improving it. He added that one benefit of annexation is zoning protection for individual property rights and uses. Mr. Heldenfels objected to the proposal to delete the two subdivisions in Tract A6 while at the same time annexing Mr. Wilson's property in A6. Mr. Utter responded that staff believes it would be legitimate to consider those two subdivisions for annexation in the future. Mrs. Longoria said that although the areas to be annexed in the northwest area already have Minutes Regular Council Meeting December 12, 1995 Page 8 most of their necessary services, one service the city can provide is zoning protection. Mayor Rhodes called for comments from the audience. Mr. Charles Wilson, Rt. 4, Robstown, emphasized that the property from Hwy. 77 to County Road 69 has many detriments to development, including high-voltage lines, gas lines, and dirt roads. He asked staff to inform him of any interested developers of that property. Mr. Fred Nemec said he was an owner in property situated at Hwy. 77 and County Road 52, which is totally used for agricultural means. He echoed Mr. Wilson's comment about staying informed about potential developers. He questioned the reasons for annexing his property and surrounding areas. Mr. Longoria requested information about deferred annexation agreements. City Secretary Chapa polled the Council for their votes as follows: 4. FIRST READING ORDINANCE Annexing adjacent and contiguous territory containing nine tracts of land 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, 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 first reading by the following vote: Rhodes, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best and Heldenfels voting "No." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 5, handguns on city premises. City Attorney Bray explained that the state legislature passed a bill which allowed for persons to become licensed to carry handguns in situations that had previously been prohibited under Texas law. He added that the new law restricts the carrying of a handgun in a number of situations. Additionally, the State Attorney General has ruled that both private and public property owners may choose to restrict the carrying of handguns on property that they own. A number of cities, counties Minutes Regular Council Meeting December 12, 1995 Page 9 and other governmental entities have enacted their own regulations regarding the restriction of handguns. He said staff is recommending that Corpus Christi pass its own ordinance, which would prohibit individuals from carrying firearms, including licensed handguns, on city property, but generally excluding city parks. Council Member Heldenfels said he disagreed with staff's proposal, adding that he did not think the city had the power to restrict the carrying of concealed handguns. Council Member McNichols asked if the parking lot of a city -owned park could be restricted from handguns, and Mr. Bray replied that he would consider the parking lot to be part of the park itself, meaning that, as provided for by the legislature, handguns would be allowed there. Responding to Council Member Cooper, Mr. Bray said the rationale for the Attorney General's opinion is that any property owner has the right to exclude people from entering on premises that they own under conditions that the property owner prescribes. For instance, a property owner can say that a person is not authorized to enter his premises carrying a handgun. If the person violates that notice, he is considered a trespasser and can be prosecuted under the Criminal Trespass law. Mr. Bray added that the Attorney General is given the duty of interpreting the state law, and staff's proposal follows what the Attorney General has ruled. Mrs. Cooper asked if the Attorney General has specifically addressed city -owned premises, and Mr. Bray said he has. Council Member Martin asked if there is agreement regarding the provision in the law excluding city parks from regulation. Mr. Bray replied that at the time the legislation passed, it was understood that city parks would be excluded. He added that the legislature itself would have to change that provision. And "city parks" refers to land that is designated as such. Mr. Martin also asked about the penalty if a city employee violates the proposed ordinance. Mr. Bray stated that a violation could result in termination. Mr. Martin asked if it would be advantageous for the Council to take some action on a new city policy against the carrying of handguns by city employees in the course of their employment in order to strengthen the policy. Mr. Bray answered that he did not think such action would be necessary. Mr. Heldenfels commented that the Attorney General's opinions do not have the force of law. Mr. Bray acknowledged that while they do not have the force of law, the courts generally say that they will treat the Attorney General's opinions as highly persuasive, although a court could overrule them. Dr. McNichols asked if any Texas cities have passed local ordinances prohibiting handguns in city parks. Mr. Bray replied that McAllen had passed a broad ordinance of that nature, although those city officials said they did not have any parks that would be covered by the ordinance. Dr. McNichols then asked what the consequences would be if Corpus Christi passed such an ordinance. Minutes Regular Council Meeting December 12, 1995 Page 10 Mr. Bray said it would be challengeable by an individual who was prosecuted under the ordinance; in addition, there is the risk that an individual would sue the city for false arrest on the ground that it was clear that the city did not have that authority. Mayor Rhodes said that she and mayors from other Texas cities have discussed at length the issue of handguns in city parks, and the Texas Municipal League is working on the issue as well. The understanding is that since the Attorney General's opinion is so clear, the most prudent thing for the cities to do is to try to change the legislation. She added that there is concern that the legislators will try to take away counties' authority in regulating handguns in county parks as well. Mrs. Cooper asked if the city would be subject to damages or just attorney's fees if a declaratory judgment action were brought against the city. Mr. Bray said the city would not be liable for actual damages. Mayor Rhodes called for comments from the audience. Mr. R.F. Hasker, 1813 Wallace, said the proposed ordinance would not stop a person from carrying or using a handgun if he or she was determined to do so. He said people who acquire licenses to carry concealed handguns do so to protect themselves. Mr. Abel Alonzo, 1701 Thames, said the ordinance was designed to protect city property, and he said there should be no reason for a person to bring a handgun onto city property or a city park. He added that guns do not just kill, they maim people, and he cited his own situation where he was shot at the age of 17 and was left permanently disabled. Mr. James Chaney, 6026 Lost Creek Drive, questioned the definition of `ownership" with regard to city facilities. Mr. Bray replied that the ownership of the public property belonging to any governmental entity is in the entity as a corporation, and the decisions for that corporation are made by the body that is elected to do that. Mr. Chaney also asked if a law needed to be passed by which the citizens allow city facilities to be placed off-limits under certain conditions. Mr. Bray said citizens elect City Council members to make such laws. Mr. Chaney also referred to aspects of Senate Bill 60 (concealed handgun legislation), adding that he did not think the city's proposed ordinance was well thought out. Mr. Richard Morrow, 1706 Melissa, suggested that the Council investigate how other states have dealt with concealed handguns. He said the ordinance was unnecessary because the people who would commit violent crimes probably would not even have a license to carry a handgun. Mr. Eddie Castoria, 6162 Misty Meadow, said he and many other members of the current Leadership Corpus Christi Class support the proposed ordinance as a reasonable exercise of the authority of the Council in protecting its employees. Minutes Regular Council Meeting December 12, 1995 Page 11 Dr. McNichols said support for the ordinance was not some misguided attempt to legislate handguns out of existence. As a physician, he said he has seen instances when otherwise normal people react violently to an extremely stressful situation, and that is the kind of thing this ordinance addresses. Mrs. Cooper pointed out that a person who is licensed to carry a concealed handgun would be allowed to leave that handgun in their car in a city parking lot while they are in a city facility. She also echoed Dr. McNichols' comments about how stress can trigger violent reactions in people. City Secretary Chapa polled the Council for their votes as follows: 5. FIRST READING ORDINANCE Prohibiting the carrying of firearms on property of the City of Corpus Christi, with certain exceptions; adding a new Section 33-79 to the Code of Ordinances of the City; providing for penalties; and providing for severability. 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." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 6, temporary property tax abatement. Group Manager Utter described the Trinity Towers project, which includes the expansion of that facility across North Carancahua on the entire block bounded by Cooper's Alley, North Tancahua, Blucher Street and North Carancahua. He said it is only through the use of tax abatement that this property can be developed, since it has such onerous developmental constraints. The proposal calls for adopting an amendment to the city's tax abatement guidelines to include an "Enterprise Zone residential redevelopment facility." Responding to Council Member Martin, Mr. Utter also addressed the "buy -local" agreement. He said the developer would have city staff assist them in soliciting proposals for construction of the project, and Mr. Martin questioned the need for that provision. Mr. Utter said another aspect of the agreement basically gives local contractors the opportunity to meet the low bid. Council Member McNichols said he understood that there would be no tax abatement when this project was designated as an Enterprise Zone project during the last Council meeting. Mr. Utter replied that the passage of the Enterprise Zone did not carry with it a tax abatement, but he had mentioned that a tax abatement proposal would be forthcoming. Minutes Regular Council Meeting December 12, 1995 Page 12 Dr. McNichols asked why a new category was being added to the tax abatement guidelines. Mr. Utter responded that the city's guidelines are very restrictive, and the Trinity Towers project did not fit those guidelines. He then reiterated that it would be extremely difficult to develop the subject property if a tax abatement were not used, and through that development, a major blighting influence is being removed from that area of the city. Dr. McNichols asked if the project could be built somewhere else in the city if the tax abatement were not granted, and Mr. Utter said it probably would not be because it is planned as an extension of the existing Trinity Towers complex. Responding to another question from Dr. McNichols, Mr. Utter said the developer is estimating that the project will cost about $16 million, and with a 50% tax abatement over five years, that would result in a tax abatement of about $150,000 over five years. At the same time, the city would be receiving approximately $150,000 off the property, which yields much less today in its present state. Council Member Black said she was very much in favor of this project. Mayor Rhodes called for comments from the audience. Mr. Phil Rosenstein said that usually he opposes tax abatement, but this project appears to be very worthwhile. Mr. Abel Alonzo agreed that this project would improve the quality of life for many senior citizens and a percentage of the employees will be people who had not been employed previously. Mr. George Thompson, 317 Louisiana, questioned the bidding process for the project. Mr. Utter replied that the private contractor, under the buy -local agreement, has a requirement that to the greatest extent possible he will use local contractors. Mr. Thompson said that giving contractors the right to meet the low bid was unethical. Mr. David Persley, 606 Bermuda Place, said the out-of-town companies should have a fair chance to submit bids. He also questioned the proposal to create a new tax abatement category. Responding to Mr. Heldenfels, City Attorney Bray said the provision allowing local contractors to meet a bid submitted by a non -local contractor is purely contractual as a condition of the tax abatement. He said the authority for the city's actions is the state Enterprise Zone Act and the Tax Abatement law itself. City Secretary Chapa polled the Council for their votes as follows: 6.a. RESOLUTION NO. 022428 Resolution adopting an amendment to guidelines and criteria for Temporary Property Tax Abatement. Minutes Regular Council Meeting December 12, 1995 Page 13 The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 6.b. RESOLUTION NO. 022429 Resolution authorizing the execution of an agreement with Trinity Towers Limited Partnership for Temporary Property Tax Abatement. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes called for a 10 -minute recess. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 7, engineering consultants for new landfill. City Secretary Chapa said Council Member Betty Jean Longoria had submitted an affidavit disclosing a conflict of interest on Item 7. He added that she would abstain from discussing or voting on that issue. City Manager Garza said the selection of the engineering firm was very involved, and he strongly supported the recommendation made by the staff selection committee. Mr. R.H. Shackelford, Director of Engineering Services, explained the process used to select an engineering consultant team, which will provide the professional services necessary to secure a Subtitle "D" Type 1 Municipal Solid Waste Permit for a new landfill from the Texas Natural Resource Conservation Commission (TNRCC). A total of 52 firms were sent requests for proposals, and six teams of consulting firms submitted proposals by the deadline. Those six proposals were evaluated in-depth with respect to the seven factors set forth in the solicitation, and a short list of four teams was developed (the following are the four team leaders' names): Camp, Dresser & McKee Inc. of Houston; EMCON of Austin; Freese & Nichols Inc. of Fort Worth; and Naismith Engineering Inc. of Corpus Christi. Mr. Shackelford said the selection committee, consisting of key city staff members, evaluated the four engineering teams' written proposals and concluded that all were technically qualified to prepare the permit application. The teams were further evaluated using the following criteria: innovation; sensitivity and flexibility; peripheral issues; expert witness testimony and public awareness; team integration; and legal counsel's role. He said that after a careful examination of all Minutes Regular Council Meeting December 12, 1995 Page 14 the factors, the committee agreed that the EMCON team provided superior balance in its capabilities. He noted that EMCON had secured a new Subtitle "D" site permit for the City of Pampa, Texas, and was responsible for one major amendment being issued; in addition, four other major amendments are being reviewed by TNRCC. Mr. Shackelford then briefly described the accomplishments of the other members of the EMCON team --Shiner, Moseley & Associates; Olivarri & Associates; Bledsoe Consultants; and The SWA Group. He said staff recommended that authorization be granted for the city to enter into contract negotiations with EMCON. Council Member Heldenfels said he thought the only engineering company which had successfully acquired a Subtitle "D" landfill permit was HDR Engineering. Mr. Shackelford stated that the permit for the City of Pampa was not opposed during its last public hearing and by force of law it is deemed to be issued (it is only lacking the TNRCC executive director's signature), and that permit was secured by EMCON. Mr. Heldenfels commented that the Pampa landfill was not very large. He added that Naismith Engineering/HDR Engineering had conducted studies for Corpus Christi's new landfill site. Mayor Rhodes commended City Manager Garza for changing the way professional services contracts are handled, noting that now a selection committee comprised of city staff members carefully follows certain criteria. She said it was inappropriate and unethical for competitive companies to attempt to lobby the mayor and Council members in order to sway their votes. Responding to Council Member Best, Mr. Shackelford said the selection committee consisted of: R.T. Bruner, Director of Solid Waste Services (he and Mr. Shackelford served as co-chairs of the committee); Andres Leal, Assistant Director of Solid Waste Services; Joe West, Planner, Solid Waste Services; and Sally Clark Farris, Assistant City Attorney. Mr. Shackelford added that two members of the legal counsel team sat in on the interviews of the engineering firms, but they did not participate in the selection of the firm. Dr. Best commented that he felt the selection process had been fair. In reply to Council Member Black, Mr. Shackelford addressed each team's fee percentages: Camp, Dresser & McKee -60%, local firms -40%; EMCON-50%, local firms -50%; Freese & Nichols- 65-%, local -35+%; and Naismith -75% (a local firm), HDR Engineering (of Dallas) -25%. In response to another question from Dr. Best, Mr. Shackelford said there was no money discussed during the teams' interviews (as per the Texas Professional Services Procurement Act). Once a firm is selected, then staff enters into negotiations; if a contract is not successfully negotiated between the parties, negotiations are formally broken off, and negotiations begun with another firm. Mr. Heldenfels said he was not opposed to the composition of the selection committee, and Minutes Regular Council Meeting December 12, 1995 Page 15 he asked if there was a "paper trail" describing how the recommended team was selected. Mr. Garza replied that the committee members took copious notes during the interview process and they also rated all the proposals, both of which are available for the Council's review. Mr. Garza added that staff offered to meet with representatives from Naismith to discuss concerns about their proposal, but Naismith officials declined the invitation. Council Member John Longoria asked about budget amounts for the landfill. Mr. Shackelford replied that budget estimates are $1.5 million for engineering costs and $10 million for the initial phase of the landfill construction, which does not include cost of the property acquisition. Responding to another question from Mr. Longoria, Mr. Shackelford briefly described three of the selection criteria --innovation, sensitivity/flexibility, and peripheral issues. Mr. Longoria asked Mr. Shackelford to develop a chart to explain in more depth how EMCON was selected. He also commented that one of the firms (Naismith/HDR) had worked for three years in compiling the data upon which the recommendation for the new landfill site was based. He added that that effort should have put Naismith in good stead during the selection process for the engineering team. Mr. Longoria asked if HDR had secured a Subtitle "D" permit, and Mr. Shackelford said HDR secured a landfill permit for the City of Corsicana prior to October 1993. He described other permits secured by HDR and EMCON, saying that EMCON had extensive experience in that area. Mr. Longoria questioned the reason that Naismith/HDR had not been selected even though it had worked for three years on the landfill site. Mr. Garza replied that one of the factors in the selection process was the way in which the lead firm interacted with the other firms on its team. He described an incident which indicated an apparent lack of cooperation and good communication between Naismith and HDR, and for that reason he found it difficult to recommend them as the most qualified team. Mr. Longoria asked if problems had arisen between the two firms during the three years they worked on the landfill site. Mr. Garza replied no more than would be expected, but it was extremely important that their presentation to the engineer selection committee be well -coordinated. Mr. Longoria asked if the selection of the engineering firm could be delayed one week to allow the staff time to prepare more indepth background material on their recommendation and to allow the Council more time to review that material. Mr. Garza replied that there was no sense of urgency on this decision. Mayor Rhodes reiterated that the selection process itself has to have a certain amount of integrity, and there will always be some reason that the firm that is not selected will question the process. She added that the selection process for all of the professional services contracts should be kept as pure as possible, and to do that, the Council should stay out of the process as much as is feasible. Mr. Longoria stated that the Council should have more information in how the committee's recommendation was reached. Mr. Garza added that staff periodically meets with members of the Minutes Regular Council Meeting December 12, 1995 Page 16 engineering and architectural communities to review the city's procedures and to discuss Council policies. Mayor Rhodes called for comments from the audience. Mr. Charles Leroy, Chairman of the Citizens Landfill Site Advisory Committee, said the members of that committee worked closely with city staff and representatives from Naismith and HDR Engineering on the successful selection of a landfill site. He referred to the Regional Solid Waste Management Plan prepared by Naismith and HDR for the Coastal Bend Council of Governments, saying that they had extensive experience in that field. Responding to Mayor Rhodes, Mr. Leroy acknowledged that he was not a member of the selection committee to choose an engineering firm, so he could not determine if one firm was more qualified than another. The Mayor also pointed out that Naismith and HDR were paid for their previous engineering services, unlike Mr. Leroy and the other volunteer members of the Landfill Site Advisory Committee. And she reiterated that the competition among the four top engineering firms was very strong. Mr. A.C. Johnson, 14 Emil St., said he was also a member of the Citizens Landfill Site Advisory Committee. He said the members worked hard to select the best site for the new landfill. He questioned the process for selecting the engineering firm, saying more written information was needed. Mayor Rhodes said she thought Mr. Shackelford had explained the reasons why EMCON was selected. Mrs. Dorothy Spann, 502 Del Mar, echoed the concern about the need for more written documentation. Mr. Garza reiterated that the selection committee kept extensive notes and rating sheets on the process. Mrs. Spann said the public is interested in this issue. Mr. John Michael, 3117 Seafoam, a principal in the firm of Naismith Engineering, said Naismith has been providing engineering, environmental, and surveying services in South Texas since 1949. They have a staff of 40 people with an annual payroll of about $1.3 million. He reviewed Naismith's recent projects, including the Coastal Bend Council of Government's master solid waste plan, a permit amendment for the City of Alice, a master drainage plan for the new landfill site, a plan to restructure Nueces County's solid waste services, and other projects. He questioned why Naismith was not selected as the engineering firm for the city's new landfill, and gave several reasons why his company felt they should have been selected. He suggested that a "blue-ribbon" committee be chosen to review the engineering firms' qualifications. Mr. Rendell Webb, 4709 Congressional, one of the owners of Naismith Engineering, said he had had a previous commitment and was not able to meet with staff at the time suggested regarding his company's proposal. He said there was no confusion between Naismith and HDR that Naismith would be the lead firm on the team. He also emphasized that Naismith is a local firm. Minutes Regular Council Meeting December 12, 1995 Page 17 Dr. McNichols pointed out that bidding processes and the procurement of professional services proposals are different. He also questioned whether this decision could be delayed and if the staff could review its recommendation and provide more background material. Mayor Rhodes said she did not see how the staff, after reviewing the material, would bring back a recommendation that was different than the one they had made. Dr. Best said he did not think the decision should be delayed because the proper procedures had been followed. City Secretary Chapa polled the Council for their votes as follows: 7. M95-346 Motion authorizing the City Manager or his designee to negotiate an engineering services contract with EMCON to perform services necessary for the City to secure a Type I Municipal Solid Waste Permit from the Texas Natural Resource Conservation Commission. Said contract will be presented to City Council for award upon successful completion of negotiations. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Martin, and McNichols voting "Aye"; Black, Heldenfels and J. Longoria voting "No"; B. Longoria abstaining. Mayor Rhodes emphasized that all of the companies which submitted proposals were qualified, and she suggested that the ones which did not get the contract could review their proposals with the staff. Mr. Longoria commented that there could be more information and communication between staff and the Council on future contract proposals. Council Member Martin requested a report on which companies were awarded engineering services contracts in the last few years. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 8, reprioritization of utility projects. Responding to Council Member Martin, City Manager Garza clarified that Item 8.a. means that if the Council votes to establish a drainage utility, certain projects can be reimbursed out of the drainage utility so the other projects can be paid out of the proper fund. In reply to Council Member McNichols, Mr. Carl Crull, Group Manager for Public Works and Utilities, said that some of the options available with regard to the Holly Road 36" transmission Minutes Regular Council Meeting December 12, 1995 Page 18 main project are to identify a different route for the line, or acquire some easements adjacent to the Holly Road right-of-way and place the line parallel to the road. He explained that the Texas Department of Transportation has a policy of not allowing any utilities underneath the pavement for several reasons, including damage that could be caused by a major break, and the need for accessibility during routine maintenance. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 8.a. ORDINANCE NO. 022430 Ordinance amending the FY 95-96 Capital Budget adopted by Ordinance No. 022394 on October 31, 1995 to reflect a reprioritization of all utility projects and allocate funding to several drainage improvements with a commitment to pay the financing costs of drainage projects upon the establishment of a new Drainage Utility. 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." 8.b. M95-347 Motion awarding a contract in the amount of $164,597.02 to J.M. Davidson Co. for completion of the Phase 1 - Seawall Storm Water Flap Gate Replacement Project. 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 the public hearing on the following zoning case: 9. Case No 1195-11. Tim A. and Bobbie D. Geffert: A change of zoning from "R -1B" One - family Dwelling District to "B-1" Neighborhood Business District on Koolside Addition, Block 8, Lot 7 and the north 104.14 feet of Lot 8, located on the south corner of Airline Road and Lum Avenue. 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. Minutes Regular Council Meeting December 12, 1995 Page 19 City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022431 Amending the Zoning Ordinance upon application by Tim A. and Bobbie D. Geffert, by changing the Zoning Map in reference to Koolside Addition, Block 8, Lot 7 and the north 104.14 feet of Lot 8, from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." ************* Mayor Rhodes opened the public hearing on the following zoning case: 10. Case No. 1195-13. Coastal Bend Childcare: A change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Dunbar Subdivision, Block A, Lots 19 through 23, located on the west side of Sabinas Street, approximately 55 feet north of Tarlton Street. Mayor Rhodes said the Planning Commission and staff recommended denial of the "AB" District, and in lieu thereof, approval of a Special Permit for a child care center subject to four (4) conditions. No one opposed the zoning application. Council Member Heldenfels made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously. Responding to Council Member McNichols, Group Manager Utter acknowledged that there was a typographical error in the background material, and that the original zoning application was for "AB," not for `B-1." City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022432 Amending the Zoning Ordinance upon application by Coastal Bend Childcare, by granting a Special Permit for a child care center subject to four (4) conditions on Dunbar Subdivision, Block A, Lots 19 through 23; providing for publication. Minutes Regular Council Meeting December 12, 1995 Page 20 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 11 through 19, and Council Members requested that Items 15 and 16 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 11. M95-348 Motion approving a supply agreement for printing paper which includes approximately 450 reams of book paper; 68,000 sheets of cover stock; and 1,770 reams of NCR paper in accordance with Bid Invitation No. BI -0067-96 with Nationwide Papers, San Antonio, Texas for an estimated annual expenditure of $27,359.82 based on low bid. The term of the agreement shall be for twelve months with an option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. Funds are allocated by the using departments for FY 95-96. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 12. M95-349 Motion approving a supply agreement for flashlights and batteries which includes approximately 850 flashlights; 30,150 batteries; 350 lanterns, etc. in accordance with Bid Invitation No. BI -0056-96 with Wesco Distribution, Inc., Corpus Christi, Texas for an estimated annual expenditure of $20,602.50 based on low bid. The term of the agreement shall be for twelve months with an option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 13. M95-350 Motion to award a contract in the amount of $94,470 to D&R Sales Company, Inc. for the construction of a basketball court covering structure for the T.C. Ayers Recreation Center. Minutes Regular Council Meeting December 12, 1995 Page 21 The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 14. M95-351 Motion awarding a contract in the amount of $80,485 to Lanco Utilities and Construction, Inc. for ADA restroom modifications and automatic door operators at five City -owned buildings, all to bring high use city owned facilities into substantial compliance with the Americans With Disabilities Act and Article 9012 of the Texas Civil Statutes, Elimination of Architectural Barriers Program. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 17. RESOLUTION NO. 022434 Resolution authorizing condemnation proceedings by the City to condemn fee title to five parcels of land along Ocean Drive east of its intersection with Alameda Street for the Ocean Drive Spur 3 -Phase 1 Project and to acquire a 20 foot temporary construction easement adjacent to and along the east side of Parcel 4 and the south side of Parcels 4A and 4C and to acquire the property and construction easement from the owners, and claimed owners, William P. Riddick Individually, and as trustee, and William M. Riddick Co -trustee, and Jerry E. Fischer, Trustee, for trusts for Cynthia Roane Riddick, William McDonald Riddick, Warren Pretlow Riddick and Patricia Swann Riddick, and George Morse III, Lienholder. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 18.a. ORDINANCE NO. 022435 Ordinance authorizing the transfer of $300,000 from the Sanitary Sewer Trunk Line Trust Fund to the Sanitary Sewer Collection Line Trust Fund; appropriating $89,702.80 from the Sanitary Sewer Collection Line Trust Fund to pay developer reimbursement request. 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." 18.b. M95-354 Motion approving the reimbursement application submitted by Dr. Jairo A. Puentes, Minutes Regular Council Meeting December 12, 1995 Page 22 developer of Saratoga Medical Center, Block 1, Lot 1, for the installation of 1,511 linear feet of off-site 12 -inch PVC sanitary sewer collection line. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 19.a. ORDINANCE NO. 022436 Ordinance appropriating the amount of $16,578.33 from the Water Distribution Main Extension Trust Fund to pay developer reimbursement request. 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." 19.b. M95-355 Motion approving the reimbursement application submitted by King Estates, Inc. developer of King Estates Unit 1, for the installation of 2,414 linear feet of a 12 inch PVC water distribution main. 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 15, senior centers security lighting. She made a motion to amend Item 15.b. to reflect the correct amount of the contract, which is $35,820. The motion was seconded by Council Member Martin, and it passed unanimously. Responding to Council Member McNichols, Mr. Crull said the fact that Ethel Eyerly Senior Center was not originally included in the proposal was basically an oversight on the staffs part when they made the presentation during the Community Development Block Grant process. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 15.a. M95-352 Motion to amend the scope of the Senior Centers Security Lighting Project to include the Ethel Eyerly Senior Center. Minutes Regular Council Meeting December 12, 1995 Page 23 The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 15.b. M95-353 Motion to award a contract in the amount of $35,820 to Fairbairn Electric, Inc. for exterior security lighting at five (5) Senior Citizen Centers. The foregoing motion passed, as amended, by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 16, maximum amount of change orders. In reply to Council Member Martin, Mr. Crull said this item refers only to change orders --the state law did not change for contracts or purchases (which are still $15,000), and the 25% rule still applies and there will be notification. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 16. RESOLUTION NO. 022433 Resolution amending City Council Resolution No. 021901 to authorize the City Manager or his designee to approve Change Orders up to the maximum amount permitted under Texas Law. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. Council Member McNichols referred to Item 14, which passed and was not pulled for discussion. He pointed out that Item 14 awarded a contract for Americans with Disabilities Act compliance at five city -owned buildings. ************* In her report, Mayor Rhodes said the Greater Corpus Christi Business Alliance wants to have a joint meeting with the Council on January 23, 1996 at 11:30 a.m. There will also be a meeting with officials from surrounding communities about the water issue on January 16, 1996, also at 11:30. Dr. McNichols asked that the water meeting begin at noon, and the Mayor agreed. Minutes Regular Council Meeting December 12, 1995 Page 24 Mayor Rhodes called for the City Manager's report. Mr. Garza said items scheduled for the December 19, 1995 meeting include: capital improvement projects implementation schedule; motion to amend the Frost Brothers building contract; and the employee health insurance proposal. Mayor Rhodes called for Council concerns and reports. Council Member John Longoria asked if any more members could be added to the Drainage Utility Advisory Committee, and Mayor Rhodes said the list approved by the Council at their last meeting was complete. Council Member Betty Jean Longoria requested information about improvements to Leopard Street, and she said citizens had asked when improvements would be made to Alaniz Street. She announced a meeting on December 14 at 5:30 p.m. at Oveal Williams Senior Center about the situation with Koch Refining Company. She also asked staff to report to the Council about discussions at that meeting. Council Member Best asked that the owners of the old Frost Brothers building be present at the Council meeting during the discussion of that contract next week. Council Member Martin noted that the Senior Community Services Christmas dinner will be held on December 15, 1995. * * * * * * * * * * * * * Mayor Rhodes called for petitions from the audience. Mr. Alvin X. Mosley, 4729 Angela, said he has been working to clean up trash on the north side of Corpus Christi in an effort to improve the community. He said he was inspired to do so after he attended the Million Man March in Washington, D.C. He also said he has been working with Mr. George Hodge, Director of the Weed and Seed Program. Mr. Martin commented that years ago the city had a program where garbage trucks would make some special runs through neighborhoods to allow citizens to dispose of some bulk trash, and he asked Mr. Garza to look into starting that program again. Mrs. Longoria said the Housing Authority had reopened portions of the Leathers Housing Project, and she requested more information about it. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 6:10 p.m. on December 12, 1995. *************