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HomeMy WebLinkAboutMinutes City Council - 06/18/1996I 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 June 18, 1996, which were approved by the City Council on June 25, 1996. WITNESSETH MY HAND AND SEAL, this 25th day of June, 1996 Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 18, 1996 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Melody Cooper* Council Members. Dr. Jack Best Betty Black Tony Heldenfels Betty Jean Longoria Edward Martin ABSENT John Longoria Dr. David McNichols City Staff: Acting City Manager Bill Hennings Assistant City Attorney Alison Gallaway City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. E.F. Bennett (retired), following which the Pledge of Allegiance to the flag of the United States was led by young people from the Boys and Girls Club of Corpus Christi. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Rhodes pointed out that Council Member McNichols was not present at the meeting because he was attending a hearing concerning the interbasin transfer permit application by the Lavaca-Navidad River Authority. Mayor Rhodes called for approval of the minutes of the regular Council meeting of June 11, 1996, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and the following appointment was made: Civil Service Board/Commission Rev. William Pullam Minutes Regular Council Meeting June 18, 1996 Page 2 Mayor Rhodes opened discussion on Item 3, discussion on the budget. Acting City Manager Hennings said staff was recommending that the public hearing on the budget that is required by state law be scheduled for Tuesday, July 16, 1996. He said that would allow the Council to have the first reading on the ordinance adopting the budget on July 23, with the final adoption on July 30, before the end of July. City Secretary Chapa polled the Council for their votes as follows: 3.a. M96-177 Motion scheduling a Public Hearing on the proposed budget for the Fiscal Year beginning August 1, 1996, to be held in the Council Chambers during the Regular Council Meeting on July 16, 1996. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B. Longoria, and Martin voting "Aye"; Cooper, J. Longoria, and McNichols absent. Mr. Hennings then referred to the proposed budget calendar, noting that the first budget workshop was scheduled for July 9, 1996, since staff expected to receive the most current sales tax information on July 8. He said budget workshops were also proposed for July 16 and 23. He said there was time before July 9 to schedule additional budget workshops if the Council wished. Mr. Hennings described some of the key issues relating to the FY96-97 budget. He said some adjustments had to be made to balance the budget, such as leaving unfunded 53 positions in the General Fund. He pointed out that staff has been able to accommodate the increases in the Fire and Police Departments that carried over from the programs initiated this past year, as well as incorporate the collective bargaining agreement pay increases for Police. Mr. Hennings said there were also some unmet needs that were noted in the budget for which resources were not currently available. Responding to Council Member Martin, Mr. Hennings said the first budget workshop could be devoted to the key budget issues as outlined in a memo to the Council. Council Member Betty Jean Longoria asked if the agenda for the July 9 Council meeting would provide enough time for a lengthy discussion on the budget. Mayor Rhodes said staff did not intend to have a long agenda for that meeting. She added that sometimes it is not known if an extra budget workshop will be required until after the budget discussion begins. Minutes Regular Council Meeting June 18, 1996 Page 3 *Council Member Cooper arrived at the meeting at 2:15 p.m. Council Member Heldenfels asked if the July 23 budget workshop would be held only if necessary, and Mr. Hennings replied that that workshop was scheduled in order to complete any unfinished budget discussions. Council Member Black asked how long the unfunded positions had been vacant. Mr. Hennings said City Manager Garza had imposed a hiring freeze in the middle of the current fiscal year to make an adjustment in the spending rate to accommodate the revenues. The 53 vacancies accrued until March 1, 1996 and are now unfunded; however, staff is still in the process of setting priorities and changes will be made as other positions become vacant. He said that approximately 53 positions will remain unfunded for a total of about $1 million annual funding. Mrs. Longoria asked if the repair of various facilities could be funded through the Community Development Block Grant program. Mr. Tom Utter, Assistant City Manager for Development Services, said the repairs for the Greenwood Library roof would qualify, since it is a facility that serves a low-income neighborhood. Mrs. Longoria requested more detailed information about the items needing repairs. Mr. Martin asked staff to identify, in advance of the July 9 budget workshop, which of the items in the memo listed as "A." through "D." would be considered as one-time sources of revenue or repetitive sources. Mr. Martin also requested the Solid Waste Services plan, and he asked if the Fire Academy was significantly longer than the Police Academy, and Mr. Hennings said it was. Referring to the unmet need of an employee pay increase, Mr. Martin said it should be a starting point --he did not think the city could consider increases for Police and Fire personnel without considering increases for the other city employees. Mr. Hennings said the employee pay increase would be for 3% which, if funded, would cost about $1 million in the General Fund. Mr. Martin also asked for information about the effect of a 14 -person reduction in the Street Department, commenting that such a reduction would probably cost more money than it would save. He also referred to vacant positions in the Park and Recreation Department and Municipal Court. Mr. Hennings said staff would manage the five vacancies in Municipal Court so it would not affect collections and revenues. He said staff may make some changes and fill some of those vacant positions. Mr. Martin added that if he had any other questions, he would submit them to staff in writing before the budget workshop, and Mayor Rhodes asked all of the Council to do the same. Mr. Heldenfels said it would be helpful to know what the three vacant positions are in the Health Department, as well as the other vacant positions. Responding to a question from Mr. Heldenfels, Mr. Hennings said the unmet need to increase the street pavement base rehabilitation program ($623,000) entailed reworking the street base. Mr. Heldenfels also asked about the ages Minutes Regular Council Meeting June 18, 1996 Page 4 of the four Animal Control vehicles that need to be replaced, and Mr. Hennings said he would provide that information. He noted that the city has been unable to keep up with equipment replacement in the General Fund on a continuing basis for a number of years. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 3.b. M96-177 Motion approving the FY 96-97 Budget Calendar. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, and Martin voting "Aye"; J. Longoria and McNichols absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 4, purchase of brush tub grinder. Mr. Utter said this purchase was part of the city's composting program. He explained that in November 1994 the City Council approved an interlocal agreement with the Coastal Bend Council of Governments (COG) for brush grinding services, and in November 1995 the Council approved the purchase of a Windrow Tumer composting machine as well as the implementation plan for the composting program. He said the city's present contract with COG expires in July 1996, and staff is proposing to purchase a very large tub grinder, which should lower the city's costs. Mr. Utter said the city solicited bids for the brush tub grinder, and the low bid for the Toro model did not meet the city's specifications at all; the lowest bid meeting specifications was from the Houston -Galveston Area Council of Governments for a Diamond Z model, while the next bid was for a Morbark 1400 from Morbark Sales Corporation, which was $1,873 more than the Diamond Z model. He said staff was recommending the purchase of the Morbark model. Mr. Utter then referred to a comparison of the Morbark 1400 and Diamond Z 1460 models, saying that the $1,873 difference can be justified by the advantages that the Morbark offers over the Diamond Z, including operating weight, tub floor thickness, screen thickness, tub discharge, tub supports, and routine service calls. Mr. R.T. Bruner, Director of Solid Waste Services, showed a video and described the current wood grinding program, which constitutes about 800 cubic yards a day of wood and brush that is diverted from the landfill. Council Member Heldenfels said he felt from experience that the Morbark model was a better r- Minutes Regular Council Meeting June 18, 1996 Page 5 machine. Responding to Council Member Martin, Assistant City Attorney Gallaway said the city could choose the Morbark bid even though it was higher as long as there are rational reasons for doing so. She said in this case, the $1,873 difference in price can be recaptured; she also noted that the Morbark has a two-year service warranty while the Diamond Z has only a one-year warranty. Mr. Martin said he did not doubt that the Morbark was better given those aspects of the machinery. He questioned the situation where the city goes out for bid, sets the specifications, and a company meets those specifications; however, another company exceeds the specifications. He asked if the city could award the bid to a higher bidder because the city prefers the additional elements that were not originally specified. Ms. Gallaway said the city cannot award the bid to the higher bidder because the city prefers the product, but because the product is a higher quality and better suits the city's needs. She added that the state statute allows the city to award bids to the lowest and best bid conforming to the specifications, and the local government code allows the city to reject any and all bids. Mr. Utter stated that under Texas law, the city has the right to accept the best bid --the most favorable bid to the city --as long as it is not done in a capricious and arbitrary manner. He noted that a detailed analysis of the two pieces of equipment was conducted. Ms. Gallaway said the actual language in the state law that applies to the city is "the lowest responsible bidder," and the Council's authority is to determine which of the bidders is the most responsible as well as the lowest. She said staff has provided the Council with the documentation upon which the Council can determine that Morbark is the lowest responsible bidder. Mr. Martin said he thought the recommendation was good, but he questioned the bid award process. Mr. F.D. Glenn, Purchasing Agent, read from an opinion written by the State Attorney General regarding competitive bidding. He said state statutes require that a contract be awarded to the lowest responsible bidder; he said the opinion goes on to say that under virtually every competitive bidding statute, the governing body awarding the contract may reject any and all bids -- "the selection of one bid over another is, therefore, within the sound discretion of the governing body and its decision will not be disturbed in the absence of illegality, arbitrariness, or abuse of discretion." Mr. Hennings said if the city's bid process was challenged, the burden of proof would be on the city to prove that its decision was not arbitrary or illegal. Mr. Martin said he raised the question to make the point that there have been several situations concerning local purchases. He asked staff to provide the Council with the complete package regarding bidding statutes. Following questions from Mr. Martin regarding different bid selection factors, Mr. Glenn read from another portion of the Attorney General's opinion: "In the absence of clear statutory Minutes Regular Council Meeting June 18, 1996 Page 6 authority, a governing body may not base its determination of responsibility on factors that bear no apparent objective relationship to the quality of the goods or services, or the competence or capacity of the bidder to perform the contract. Such impermissible factors might include bidder's residence, compliance with minority business standards, and estimated economic contributions to the community." Responding to Mr. Heldenfels, Mr. Glenn explained that the information he read from was a compilation of opinions by the Attorney General. Mr. Martin asked about the projected operating expenses of the composting program, and Mr. Utter said staff estimated that the cost would be approximately $369,000 a year. Mr. Utter discussed various financial aspects of the program, noting that a $130,000 grant from COG should pay for the purchase of screening equipment, which helps to reduce the size of the wood chips. Council Member Best asked if the ground material had any commercial value, and Mr. Utter replied that it was used as a cover for the landfill in helping to hold the soil together. Mayor Rhodes said she would support this proposal, adding that she felt it was justified. She then called for comments from the audience. Ms. Betty Morris, President of Sabine Environmental Services Inc., said her company currently performs the brush grinding services at the landfill. She said the Council should consider several factors before it decided whether the city should undertake the brush grinding operation itself. She said the regulations state that if brush is going to be chipped on a composting facility, the grinder must either be enclosed in a building, or there must be an enclosed grinding chamber with water, or someone must water the area to reduce the dust. She said her company would charge $316,020 for that service, which includes the loader, the grinder and personnel. Ms. Morris said the city's costs would include the machine without a loader, and at some point either a building or some kind of watering system. Mrs. Morris also displayed an 8 -pound head of a mallet that had gotten caught in the grinding machine, causing it to shut down for three weeks for repairs. Mr. Utter explained that Ms. Morris' contract is with the Council of Governments, and the city's interlocal agreement with COG expires on July 31, 1996. He also stated that regarding dust suppression, the Morbark machine has built-in dust suppression methods. He said staff is well aware of those and the other regulations concerning brush grinding. Mr. Utter said staff does have manpower costs budgeted in and they believe they can better utilize existing equipment by doing "double -duty" between the grinding and the regular operations. He noted that the Morbark has a torque limiter that automatically shuts the machine down when a foreign object jams the teeth. Mr. Heldenfels asked if there was anything preventing the city from renewing its agreement with COG for the brush grinding services. Mr. Utter replied that there was not; however, staff feels Minutes Regular Council Meeting June 18, 1996 Page 7 the city can perform the work for less cost with more efficiency. Mr. Heldenfels asked what the cost would be if Ms. Morris bought a comparable machine as the Morbark and contracted with the city to continue the brush grinding work. He commented that he did not like creating more bureaucracy if at all possible. Mr. Bruner explained that Ms. Morris' contract had just been renegotiated, and the city intended to go beyond the services that Ms. Morris' company was providing. Mr. Bruner explained that the concept was to eventually move toward composting in a rather evolutionary manner by using the product to complete the landfill, as well as to incorporate sludge. Responding to a question from Mr. Heldenfels, Mr. Bruner said the city could utilize some combinations of tenants and partnerships to perform those services. Mr. Heldenfels asked if there was enough time to ask Ms. Morris what her contract price would be to perform the work the city was requesting. Mayor Rhodes pointed out that the city would have to go out for bids, and Mr. Bruner said it would require a minimum of 90 days to do so. Mr. Heldenfels then asked why that possibility had not been brought before the Council sooner, and Mr. Bruner said he thought staff had explained the city's goals for creating its own composting program in a presentation last November. Mr. Martin said the city would not have to go out for bids, and Mr. Utter agreed that the city could potentially renegotiate the contract with COG. Mr. Martin requested a comparison of current grinding costs with new grinding costs. Mr. Utter said the current cost is about $340,000 versus the city's proposed cost of about $319,000; however, staff is proposing to grind considerably more cubic yards than are being ground at the present time. Following a brief discussion, Mr. Martin said staff was over budgeting for brush grinding. Mr. Heldenfels said staff should consider renegotiating with Ms. Morris for that service. Mr. Utter said he felt the city would get a better product if staff performed the work themselves, since Ms. Morris' company has had some problems with their machinery, which has resulted in reduced efficiency. Council Member Black questioned whether staff had provided all of the necessary information regarding this item, saying that she was under the impression that it would be more cost- effective to continue contracting the grinding service. Mr. Utter said if the city performed the service, it would require an addition of two employees. He reiterated that this program is one component of the overall plan for the landfill, and staff believes it could provide the service much more efficiently. Mr. Hennings said it was important to understand the "big picture" --that this program will be integrated into the operation of the landfill. He said staff has been working to meet the need to sufficiently cover the landfill in a less costly way than buying dirt, which the city has had to do for many years. In this way, a product that is already coming to the landfill (large amounts of brush) can be processed and used to benefit the landfill. Mr. Hennings said staff is satisfied that this is the most economical approach for the city to take. He noted that privatization alternatives can be Minutes Regular Council Meeting June 18, 1996 Page 8 considered at any point in the future. What has helped thus far are two grants that have been provided by the state to assist the city in initiating its program. Mayor Rhodes said that staff did present a comprehensive plan on ways to reduce the waste stream into the landfill, and the brush grinding and composting programs were important components of that plan. Council Member Betty Jean Longoria agreed with Mr. Hennings' comments that it was important to consider the whole process at the landfill. Mr. Martin said it was staffs job to make a recommendation to the Council about which is the most economical way to provide services at the landfill --private or public. He said the Council's decision was not whether to have a composting program. Mayor Rhodes said the city needed a certain type of product with which to cover the landfill, and she understood why it would be efficient to have it included as one operation. Mr. Martin asked if the existing product could be used to cover the landfill, and Mr. Bruner said it could, but it needed to be smaller. Mr. Martin asked if Mr. Bruner was recommending that the city cancel the current contract because the contractor is not meeting either the performance or the product standards, and that rather than get a new contractor, the work should be performed by staff. Mr. Bruner said the city could obtain the product it wants more economically by performing the work intemally. He added that Ms. Morris' company is not meeting the contract with regard to chip size. Ms. Morris pointed out that the city's purchase of the brush tub grinder did not include the screens which would provide the smaller chips. She added that in the process of repairing their equipment, they replaced most of the parts with heavier duty parts. Mr. Abel Alonzo thanked the Mayor and Council for debating this issue, saying that it was democracy in action. He said he wished other boards and committees would also debate the issues that come before them. Responding to a question from Mr. Martin, Mr. Utter said the COG is fully aware of the city's proposals. City Secretary Chapa polled the Council for their votes as follows: 4. M96-173 Motion approving the purchase of a brush tub grinder from Morbark Sales Corporation, Winn, Michigan for $398,500 in accordance with Bid Invitation No. BI 0216-96 based on Minutes Regular Council Meeting June 18, 1996 Page 9 best bid. The equipment will be funded through the City's lease/purchase contract with G.E. Capital. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, and B. Longoria voting "Aye"; Heldenfels and Martin voting "No"; J. Longoria and McNichols absent. ************ * Mayor Rhodes opened discussion on Item 5, agreement concerning the ozone standard. Mr. Hennings said the Environmental Protection Agency officials will be meeting with the city's Air Quality Committee on June 26, 1996, and he is hopeful they can come to some agreement on the language that is in dispute. After that, staff would bring it back to the Council for reconsideration. Responding to Mayor Rhodes, Mr. Hennings said the matter of changing the ozone standards has been delayed until after November. Council Member Martin asked that if the EPA's language would be included in the agreement, why would the city want to sign it. Mr. Hennings said that was part of the reason that the Air Quality Committee was not willing to accept their proposal. He said under their language, the city would still get to the point of a violation of the ozone standards, and then go through the next step without being redesignated. Mr. Martin noted that July 9, 1996 would be the first meeting at which the Council could consider this item, while there is still the possibility of ozone action days developing before then. Mr. Hennings commented that the Tyler -Longview area has had a violation situation since last summer, but they are still in negotiation with EPA for a flexible attainment agreement, which may benefit Corpus Christi if it were to violate the standards. * * * * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 6 through 17, and Council Members requested that Item 8 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: Minutes Regular Council Meeting June 18, 1996 Page 10 6. M96-174 Motion approving the purchase of mowers and trucksters in accordance with Bid Invitation No. BI -0172-96, from the following firms, based on low bid. The equipment is budgeted in the 1995-96 Capital Outlay. Watson Distributing Co. R • n Antonio. Tx Greensmowers - 3 Each Trucksters - 4 Each $54,856.00 Goldthwaites of Texas San Antonio. Tx Rotary Mowers - 4 Each $38,796.00 Grand Total: $93,652.00 The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, and Martin voting "Aye"; J. Longoria and McNichols absent. 7. M96-175 Motion approving the purchase of three one -ton trucks with service bodies and cranes in accordance with Bid Invitation No. BI -0196-96 from Padre Ford, Corpus Christi, on the basis of Only Bid in the amount of $94,200. The trucks are budgeted in the 1995-96 Capital Outlay as replacements. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, and Martin voting "Aye"; J. Longoria and McNichols absent. 9. FIRST READING ORDINANCE, Authorizing the City Manager or his designee to execute a one year lease with ERA Aviation, Inc. to provide helicopter services in the provided 300 square feet of Hangar One at $450 per month plus an additional $100 per month per based aircraft for apron fee. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, and Martin voting "Aye"; J. Longoria and McNichols absent. 10. FIRST READING ORDINANCE, Authorizing the City Manager, or his designee, to execute an assignment of Hangar and Fixed Base Operator lease from Raytheon Aircraft Services, Inc. to Mercury Air Group, Inc.; T Minutes Regular Council Meeting June 18, 1996 Page 11 and Amendment No. 1 to the lease between City of Corpus Christi and Mercury Air Group, Inc. for a term ending October 13, 2009, for an area approximately 1,250 feet by 350 feet adjacent to Pinson Drive, in consideration of annual rental of $.12 per square foot for improved space, $.05 per square foot for unimproved space, 331/3% of parking or tie -down income, and $.0625 per gallon of fuel purchased by Mercury; and providing for publication. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, and Martin voting "Aye"; J. Longoria and McNichols absent. 11. FIRST READING ORDINANCE, Authorizing the City Manager or his designee to execute a five year lease with Bayfest, Inc. for the purpose of conducting a festival and related activities on the sidewalks, medians, and seawall along Shoreline from IH37 to the Convention Center complex in consideration of paying the greater of 4% of gross receipts or the cost of City services for event support, having exclusive use for three days and nonexclusive use for nineteen days during a set period for each of five years beginning September 11, 1996; providing for publication. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, and Martin voting "Aye"; J. Longoria and McNichols absent. 12. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a five year lease with Juanita S. Anaya for concession operations in 1,600 square feet at the Oso Beach Municipal Golf Course, at a monthly payment to the City of 13% of gross sales or $900, whichever is greater; providing for publication. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, and Martin voting "Aye"; J. Longoria and McNichols absent. 13. FIRST READING ORDINANCE Annexing Wood River Subdivision Unit 11A (9.687 acres) and Lot 1, Block 47, the park at Wood River Unit 8, (0.46 acre), more or less out of a 400 acre tract out of the Mariano L. De Herrera Grant Abstract 606, Nueces County, Texas and providing for severance. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Minutes Regular Council Meeting June 18, 1996 Page 12 Cooper, Heldenfels, B. Longoria, and Martin voting "Aye"; J. Longoria and McNichols absent. 14. ORDINANCE NO. 077602 Amending the Corpus Christi Code of Ordinances, Chapter 6, Animal Control, to amend the definition of restraint; to change the age requirements for obtaining a license and rabies vaccination from four months old to three months old; to clarify animal collar requirements; to prohibit offering to give away an animal as a prize; providing for severability; providing for publication; providing for penalties. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, and Martin voting "Aye"; J. Longoria and McNichols absent. 15. ORDINANCE NO. 022603 Amending the Corpus Christi Code of Ordinances, Chapter 53 - Traffic, Schedule V, Section 53-254 - Increase of State Speed Limit in Certain Zones by establishing revised speed limits on sections of Interstate Highway 37, S.H. 358 (Padre Island Drive Expressway), S.H. 286 (Crosstown Expressway), U.S. Highway 181 Expressway, S.H. 44 Expressway, Park Road 22 (South Padre Island Drive), and S.H. 361 conforming to the speed limits approved by Texas Transportation Commission Minute Order 106806. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, and Martin voting "Aye"; J. Longoria and McNichols absent. 16. ORDINANCE NO. 022604 Closing and abandoning a 49 -square foot area of a 7.5 foot wide utility easement in Lot 16, Block 7, Ridgewood Subdivision; subject to compliance with the specified conditions and the owner replatting the property within 180 days at the owner's expense. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, and Martin voting "Aye"; J. Longoria and McNichols absent. 17. ORDINANCE NO. 02260 Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Article XII, Water Conservation, Sections 55-151, 55-155, and 55-156 and the Water Conservation and Drought Minutes Regular Council Meeting June 18, 1996 Page 13 Contingency Plan regarding measures for effluent distribution, use of effluent and graywater, and the Drought Contingency Plan Penalty provisions; providing for penalties; providing for severance; and providing for publication. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, and Martin voting "Aye"; J. Longoria and McNichols absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 8, airport land acquisition. Responding to Council Member Martin, Ms. Bonnie Allin, Director of Aviation, said this purchase is eligible for future reimbursement at the rate of 90% paid by the Federal Aviation Administration and 10% paid by the city. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 8. M96-176 Motion authorizing the acquisition of Parcels 8B, 8C, 15A, 15B, & 15C, totaling 140.915 acres located on FM763 (Joe Mireur Road) for $470,655 in connection with the Corpus Christi International Airport land acquisition project. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, and Martin voting "Aye"; J. Longoria and McNichols absent. * * * * * * * * * * * * * Mayor Rhodes called for the City Manager's report. Mr. Hennings said items scheduled for the June 25, 1996 Council meeting included a discussion and action on the water issues, as well as the lease agreement with the airlines. He noted that Conquest Airlines, which is in bankruptcy, has not agreed to the city's proposal. Mayor Rhodes called for Council concerns and reports. Council Member Martin asked when the discussion about Solid Waste personnel would take place, and Mr. Hennings said it was scheduled for next week. Mr. Martin also commented that the trigger points in the drought contingency plan cannot be amended on an emergency basis. Mr. Martin pointed out that there would be a major joint meeting of the Corpus Christi Housing Finance Minutes Regular Council Meeting June 18, 1996 Page 14 Corporation and the Corpus Christi Community Improvement Corporation during next week's Council meeting concerning a housing initiative that would recommend the creation of 1,500 units of new housing in Corpus Christi. He said he thought there would be several individuals who would want to comment on that program. Mayor Rhodes noted that the June 25 Council meeting would begin at 1:30 p.m. in order to have a reception honoring former City Manager Juan Gana. Council Member Best said that during the last major drought in 1984, citizens were allowed to acquire effluent to water their yards. He asked how the new program would be established. Mr. Hennings replied that it was designed to accommodate commercial users but was not intended for citizens on a one-time basis. He noted that it would require training of the person on how to use the effluent so there would not be a danger to public health. He said that following the training, the person would receive a permit and they could go back and fill up their tank with effluent as often as they wanted to during the month. Responding to Mayor Rhodes, Mr. Hennings said the permit would cost $50 and there is a requirement to have liability insurance. Mr. Hennings said staff would provide more information, particularly concerning health risks associated with the improper use of effluent. Council Member Cooper said there was a non-profit agency known as the Above and Beyond Family Crisis and Gang Status Group that had two hotline numbers manned 24 hours a day: 882- 3279 and 882-5555. They provide information regarding counseling and drug abuse. Council Member Black asked if people were allowed to use dishwasher water to water their yards without a permit, and Mr. Hennings said there were. Mr. Martin said he thought the plumbing code required that they be hooked into the sanitary sewer system. Mr. Hennings said he would provide a report with the appropriate references, adding that it was acceptable to use graywater (water from washing machines, bath tubs, etc.) on your landscaping. Dr. Best said bath tub water was not allowed, and Mr. Hennings said he would research it further and report to the Council. Mr. Martin said the city has more water now than it has ever had in its history prior to 1984. He said the city was trying to cope with a two-year water crisis because the lead time to accomplish anything is five years. He said the only reason that effluent is being made available at this time is so that businesses which are seeing a reduction in their normal work can acquire an additional activity. He said they should review the conservation methods, because people are using more water now than previously. Mrs. Black mentioned other possible, small water sources such as air conditioning units. * * * * * * * * * * * * * Minutes Regular Council Meeting June 18, 1996 Page 15 Mayor Rhodes called for petitions from the audience. Ms. Rhonda Liles, 400 Mann #510, said she works for the Texas Animal Damage Control Service, which is a state and federal agency. She discussed the problem of coyotes appearing in the Padre Isles subdivision, and she said she was told there was a city ordinance that prohibits the use of live leg -hold traps in the city. She said that agency had worked in other cities which had granted a waiver to their ordinances, allowing them to trap coyotes. She offered the services of the Texas Animal Damage Control agency if the city wished to use them. Mayor Rhodes pointed out that the Council would not take any action until they received a report from staff about the issue. She said people on both sides of the issue had called her office with their opinions. Ms. Liles said they were approaching it from a preventative stance. Mayor Rhodes asked why trapped coyotes were not relocated, and Ms. Liles said there was a state quarantine on coyotes, racoons and several different fur -bearing animals that are subject to having rabies. The Mayor commented that this was a complicated issue. Mayor Rhodes reminded the public that there would be a fundraising event for the Sister City Program and a tribute to former Mayor Luther Jones at the Bayfront Plaza beginning at 5 p.m. that day. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 3:55 p.m. on June 18, 1996. * * * * * * * * * * * * *