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HomeMy WebLinkAboutMinutes City Council - 01/02/1990MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JANUARY 2, 1990 2:00 p.m. PRESENT Mayor Betty Turner Mayor Pro Tem Leo Guerrero Council Members: David Berlanga, Sr. Ton Hunt Edward A. Martin Joe McComb Clif Moss Mary Rhodes Frank Schwing City Manager Juan Garza City Attorney Hal George City Secretary Armando thapa Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Council Member David Berlanga who also led the Pledge of Allegiance to the Flag of the United States. City Secretary Armando 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 Turner called for approval of the Minutes of the Regular Council Meeting of December 19, 1989, and there being no additions or corrections, she proclaimed them approved as presented. Mayor Turner read a proclamation designating January 2, 1990, as "David Rarlanga, Sr., Day." The Mayor and Council Members expressed words of farewell and appreciation to Mr. Berlanga who officially resigned from his position as Council Member. Several gifts were presented to Mr. Berlanga for his tenure on the Council and he expressed appreciation and bid everyone farewell. Mayor Turner recessed the Council Meeting for a reception in honor of Mr. Berlanga. * * * * * * * * * * * * * MICROFILMED i LS Regular Council Meeting January 2, 1990 Page 2 Mayor Turner reconvened the Council Meeting and referred to the Board and Committee appointments and the following appointments were made by the Council: (M90-001) Citizens Advisory Health Board oil & Gas Advisory Committee Joyce Fox Donald Lewis - Reappointed Nelia Herrera - " Andy Carson * * * * * * * * * * * * * Mayor Turner recognized Judge Robert Gonzalez who announced his resignation as Municipal Court Judge. The Council discussed the procedure for filling the Council vacancy. Mayor Pro Tem Guerrero made a nation that a replacement for the Council vacancy be designated on Tuesday, February 20, 1990. The motion was seconded by Council Member Moss and passed unanimously. Mayor Pro Tem Guerrero stated that the Council had not formally accepted Mr. Berlanga's resignation, and that he would like sane questions answered in closed session regarding the acceptance of the resignation. It was pointed out that the appointment process could be discussed in closed co sion. Discussion followed and City Attorney George stated that once a resignation is tendered and filed in the City Secretary's office, it is effective. Council Member McComb made a motion that the Council accept Mr. Berlanga's resignation with Ltjlet. The motion was seconded by Council Member Rhodes and passed by the following vote: Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Guerrero voting, "No." In reference to Judge Gonzalez' resignation, Council Member Martin suggested that the City Secretary accept applications on behalf of the Council for the vacant position. Mayor Turner called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 thru 4 and a Council Member requested that Item 1 be withheld for die -ow -glom There were no comments from the audience on the items. City Secretary Chapa polled the Council for their votes and the following were passed: 2. M90-003 Motion approving a supply agreement for radiator repair service in accordance with Bid Invitation No. BI -0034-90 with Gulf Radiator Works, Inc. based on the low bid of $12,202.71. The term of the contract will be . ces Regular Council Meeting January 2, 1990 Page 3 twelve months with option to extend for an additional twelve months subject to the approval of the supplier and the City Manager or his designee. The contract will be administered by the Maintenance Services Department. The foregoing motion passed by the following vote: Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken. 3. M90-004 Motion authorizing a contract to refurbish and remount an ambulance body onto a new cab and chassis with Eagle Emergency Equipment, Inc , Cedar Hill, Texas, in the amount of $29,102, based on low bid. The foregoing motion passed by the following vote: Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken. 4. ORDINANCE NO. 20853 AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AMENDMENT WITH HERTZ CORPORATION FOR THEIR SERVICE FACILITY AT CORPUS CHRISTI INTERNATIONAL AIRPORT. The foregoing ordinance passed on third reading by the following vote: Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * With reference to Item 1 on approving supply agreements for lubricating oils and grease, Council Member Moss inquired about the necessity of purchasing the oil in quart sizes, and City Manager Garza stated that he will check into the matter, noting that the City is not required to purchase thnca quantities. There were no questions from the audience on Item 1. City Secretary Cpapa polled the Council for their votes and the following motion was passed: 1. M90-001 Motion approving supply agreements for lubricating oils and greases in accordance with Bid Invitation No. BI -0049-90 with the following companies based on low bids for a total of $75,764.50. The terms of the contracts will be twelve months with option to extend for an additional twelve months subject to the approval of the supplier and the City Manager or his designee. Thaaa items will be used and distributed by the Maintenance Services Department: .:es Regular Council Meeting January 2, 1990 Page 4 Industrial Lubricants Total: $56,046.50 Coastal Unilube Total: $13,202 (subject to price adjustment) Valley Solvents and Chemicals Total: $6,300 Wright 011 Co. Total: $216 GRAND TOTAL: $75,764.50 The foregoing motion passed by the following vote: Turner, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." * * * * * * * * * * * * * City Manager Garza informed the Council that Item 5 will be discussed in closed session. In response to questions posed by Council Member Rhodes on Item 6 on the Nueres River Basin Study, City Manager Garza stated that the Nueces River Authority voted to support the study, and Assistant City Manager Jesus Garza explained the purpose of the study and stated that the study is being done at the City's request. City Manager Garza stated that the City wants to more firmly establish that any attempt to set up artificial recharging to the Edwards Aquifer would have a negative effect on the City's system. In answer to questions raised by Mayor Turner, Water Superintendent Paul Werner stated that the City will participate in the $200,000 study with the Nueces River Authority and the Edwards Underground Water District. He stated that the Nueces River Authority has applied to the Texas Water Development Board for a grant to fund half of the study. There were no comments frau the audience on Item 6. Relative to Item 7 on the Escrow Agreement with the State for Staples Street traffic signal improvements, Carl Ctull, Engineering Services Director, gave a short presentation on this item. He stated that the improvements on Staples Street between McArdle Road and Saratoga Boulevard are to be constructed under the State's 1989 Highway Safety Improvement Program. Mr. C7ull stated that under the terms of the program, the City is required to provide an estimated ten percent share ($21,875) of the total estimated project construction cost of $218,753. . oes Regular Council Meeting January 2, 1990 Page 5 In answer to questions from Council Member Moss, Mr. Crull discussed the time frame for the projects. There were no comments from the audience on Item 7. A brief presentation was given by Assistant City Manager Hennings on Item 8 pertaining to the concessions for Bayfront Plaza and the Coliseum. Mr. Hennings noted that both the concession contracts had expired yesterday, and the Council is being asked to extend them to June 3, 1990 while the City goes through the process of advertising for proposals for a new contract. He stated that the contractor at Bayfront Plaza is Noble Food Service and the contractor at the Coliseum is Ogden Allied. Mr. Hennings further by stating that the Request for Proposals for the new contract would continue the present arrangements except that the two contracts would be combined into one. He indicated that staff is not proposing any changes in the arrangement, but noted that there is a concern regarding liability exposures concerning bringing in bottles of alcohol. Council Member McComb expressed concern regarding the use of alcohol in City buildings and stated that in his opinion that, to have absolute control over alcohol is not to allow its use in public facilities. He stated that it is time the City addressed this issue. Mayor Pro Tem Guerrero concurred with Council Member McComb regarding g the lige of alcohhol in tax -supported establishments. Mr. Guerrero made comments about Ogden Allied and stated that there are no services that they cannot do at the Coliseum and the Bayfront. He expressed concern that the City is not going to continue with Ogden Allied and expressed the opinion that the City needs to take advantage of people who are willing to give them something as Ogden Allied has done. City Manager Garza elaborated on the lateness of the recommendation. He stated that the City should solicit proposals for the new contract and evaluate them. A broad discussion followed as a series of specific questions were asked by several Council Members, and Mr. Harold Peterson, Director of Convention Facilities, and Mr. Hymie Gonzalez, Coliseum Manager, responded to their questions and commuted on reasons for the delay in the recommendation. Mayor Turner expressed concern regarding the criteria in evaluating the proposals, and Mr. Peterson stated that it is the same criteria that was used before. Mayor Turner requested that Mr. Peterson re-evaluate the criteria. City Secretary Chapa polled the Council for their votes and the following were passed: 6. M90-006 Motion authorizing the City Manager or his designee to enter into a three -party agreement with Nieces River Authority and Edwards Underground _es Regular Council Meeting January 2, 1990 Page 6 Water District for a study to determine the yield and recharge capacities of the Nueces River Resin, and approving the City's participation in the amount of $25,000. The foregoing motion passed by the following vote: Turner, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 7. RESOLUTION NO. 20854 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION FOR TRAFFIC SIGNAL COORDINATION IMPROVEMENTS ON STAPLES STREET BETWEEN MC ARDLE ROAD AND SARATOGA BOULEVARD. The foregoing resolution passed by the following vote: Turner, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye." 8. ORDINANCE NO. 20855 AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH NOBLE FOOD SERVICE AND OLDEN FOOD SERVIC'RS CORPORATION OF TEXAS, WHICH EXTEND THE CONCESSIONS CONTRACTS AT THE BAYFRONT PLAZA CDNVENTTON CENTER AND MEMORIAL COLISEUM RESPECTIVELY UNTIL 2:00 A.M. JUNE 3, 1990; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Turner, Guerrero, Hunt, Noss, Rhodes and Schwing voting, "Aye"; Martin and McComb voting, "No." * * * * * * * * * * * * * Relative to Item 9 on consideration of an appeal by the owner of Carriage Estates to waive payment of lot acreage fees, Mr. Carl Crull, Engineering Services Director, provided background information and stated that the owners of a 9.475 acre tract located on FM 624 propose to develop the property into 2.5 acre rural estate residential lots. He stated that the City's Platting Ordinance requires payment of lot/acreage fees into the Water and Wastewater Trust Funds. Mr. Crull continued by stating that the owners have appealed the imposition of the fees on the premise that water and wastewater service will not be available to the area in the next fifteen years. He stated that staff has been working with the owner and his engineer and have developed a plan to provide water service to this property. He indicated that this area is included in the City's Master Plan for sanitary sewers, and although service is not currently available to the property, staff believes that further development of the area will spur extensions of the sanitary sewer system into the area. Mr. Crull further continued by stating that the Platting Ordinance provides a refund mechanism of the lot/acreage fees if services have not been provided within certain time frames. He stated that staff strongly believes that the fee structures associated with the Water and Sanitary Sewer Trust Thirds are an 1. ces Regular Council Meeting January 2, 1990 Page 7 equitable mechanism to support utility extensions into developing areas; therefore, they recommend that the appeal of the owners of Carriage Estates be denied and all appropriate fees be applied. Council Member Martin raised numerous questions, and Mr. Crull responded to his queries. After substantial disnnsaion regarding the appeal of the property owners, City Manager Garza suggested that the Council could waive the fees and enter into an agreement with the City, whereby the owners agree to pay the fees should development o0:n7r and services extended in that area within the specified fiftoen-year period. Mr. Ben McDonald, an attorney representing Carriage Estates, reviewed the status of the request for the appeal and provided background information on Carriage Estates development. Mr. McDonald indicated that the Planning Commission approved the preliminary plat for Carriage Estates and recommended that the property be exempted from the water and sewer acreage fees. Mr. McDonald noted that this is an unusual situation and requested the Council to concur with the recommendation of the Planning Commission. Council Member Martin moved to grant Carriage Estates a waiver with the proviso that an agreement be entered into by the City and the developer that if the utilities are available within the time that is prescribed in the Platting Ordinance, that the fees be paid at that time. The motion was seconded by Council Member Moss and passed unanimously. Assistant City Secretary Zahn polled the Council for their votes and the following nation was passed: 9. M90-007 Motion to waive payment of lot acreage fees for the owners of Carriage Estates subject to an agreement that the fees will be paid if service is extended to this subidivision. The foregoing motion passed by the following vote: Turner, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye". * * * * * * * * * * * * * Mayor Turner recessed the Regular Council Meeting to conduct the Meetings of the Corpus Christi Industrial Development Corporation and the Corpus Christi Housing Finance Corporation. * * * * * * * * * * * * * Mayor Turner reconvened the meeting at 4:45 p.m. and called for consideration of Item 10. I ..es Regular Council Meeting January 2, 1990 Page 8 There were no comments from the audience on Item 10. Assistant City Secretary Zahn polled the Council for their votes and the following resolution was passed: 10. RESOLUTION NO. 20856 ASSIGNING THE AUTHORITY FOR THE CORPUS CHRISTI BUSING FINANCE CORPORATION TO ISSUE BONDS 10 PROVIDE FINANCING FOR HOME MORTGAGES IN 1990, BASED UPON ITS POPULATION, TO THE COUNTY OF NUECES. The foregoing resolution passed by the following vote: Turner, Guerrero, Hunt, McComb, Moss and Rhodes voting, "Aye"; Martin and Schwing absent at * * * * * * * * * * * * Mayor Turner called for the City Manager's report. City Manager Garza stated that the City had sustained $10,000 worth of damage due to the freeze. Mayor Turner complimented Council Members Rhodes and McComb on the excellent organizational job done on the town hall meeting covering the Pawnshop Ordinance. City Manager Garza, after Mayor Betty Turner expressed her desire that the Council be given an update on pending City projects, suggested that a subsequent workshop meeting be set after the January 30, 1990, workshop meeting; the Council concurred. Discussion ensued pertaining to the recent freeze and the purported unfair increase in plumbers' rates. Council Member Rhodes clarified the pure for putting items on the agenda. She expressed concern about a house on Blackjack street which was gutted by fire and is now being used by drug users. She also expressed concern about the parking lot at Parkdale library. Deputy City Manager Jesus Garza stated that the owner of the property fronting the library has been contacted and is willing to negotiate with the City on this matter. The Planning Department's »Ge of colored maps for their agenda iters was questioned by Council Member Rhodes due to the high printing cost. Council Member Moss made some comments in reference to the Regional Transit Authority's contract with the City, and City Manager Garza concurred that the contract needed to be revised. Council Member Schwing recomnerded that the City sponsor an "Adopt a Street/Median Program" similar to the "Adopt a Highway" program enacted by the :.es Regular Council Meeting January 2, 1990 Page 9 state. City Manager Garza replied that a recommendation on this would be presented to the Council. Council Member Schwing also questioned the procedure used by the Utilites Department for utility deposits. City Manager Garza stated that the system would be reviewed. Mayor Turner called for comments from the audience on matters not scheduled on the agenda. Mr. William Hatfield , 4514 Hebert Street, expressed his concern about the ditch located between Everhart and Weber which is a cesspool at the south end. Be also expressed concern about the numerous dogs which run loose in the neighborhood. Mr. Benny Benavides, 2421 Cleo Street, suggested that the City obtain information from Anchorage, Alaska, pertaining to pipe protection. Mayor Turner recessed the Council Meeting to go into closed sassion at 5:20 p.m. pursuant to Article 6252-17, V.A.C.S., Subsection (f). * * * * * * * * * * * * * Mayor Turner reconvened the Council Meeting and called for consideration of Item 5. Mayor Pro Tem Guerrero made a motion authorizing acquisition of a parcel of land located on Figueroa Street between Sharpsburg Road and Cynthia Street for the San Carlos Area Park. The motion was seconded by Council Member Hunt and passed by the following vote: Turner, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye"; Martin absent at the time the vote was taken. (M90-005) There being no further business to cane before the Council, Mayor Turner declared the Council Meeting adjourned at 5:30 p.m. on January 2, 1990. * * * * * * * * * * * * * I 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 January 2, 1990, which were approved by the City Council on January 9, 1990. WITNESSETH MY HAND AND SEAL, this the -Th �-— day of 1990. Betty Turner', Mayor Armando Chapa City Secretary