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