Loading...
HomeMy WebLinkAboutMinutes City Council - 04/03/1990PRESENT Mayor Pro Tem Tcan Hunt Council Members: Cezar Galindo Leo Guerrero Edward Martin Clif Moss Mary Rhodes Absent Mayor Betty Turner Joe McOobb Frank Schwing CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING APRIL 3, 1990 2 p.m. City Manager Juan Garza City Attorney Hal George City srrretary Armando Chapa Mayor Pro Tem Tan Hunt called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Council Member Cezar Galindo following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Leo Guerrero. City cirs-retary 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. Council Member Guerrero moved to excuse Mayor Turner's absence from the Council Meeting because she is out of town on City business. The motion was seconded by Council Member Rhodes and passed unanimously. Mayor Pro Tem Hunt called for approval of the Minutes of the Regular Council Meeting of March 27, 1990, and there being no corrections or additions, he proclaimed them approved as submitted. Mayor Pro Tem Hunt referred to the Board & Committee appointments and the following appointments were made by the Council: (M90-087) Building Standards Board Electrical Advisory Board Pastor Walter James - Reappointed Joe Cantu Fred Greenberg Alicia Cuellar I MICROFILMED Lar Council Meeting L 3, 1990 2 Transportation Advisory Committee John Rudden - Declined appointment * * * * * * * * * * * * * Mayor Pro Tem Hunt recessed the Council Meeting to conduct the JTPA Executive Committee Mooting. * * * * * * * * * * * * * Mayor Pro Tem Hunt reconvened the Council Meeting and called for consideration of consent motions, resolutions, ordinances and ordinances frau previous meetings on Items 1 thru 9. Relative to questions raised by Council Member Galindo on Items 2 and 3, approving reimbursement to John T. Tucker and Jack L. Tucker, developers of Yorkshire Estates, City Manager Garza provided an explanation for the City's reimbursement to the developers. He stated that the construction improvements will benefit the City. Mt. Philip Rosenstein expressed opposition to Item 8, Southwestern Bell Franchise. He commented about statements made at the various Council Meetings when this item was discussed and he mentioned remarks made by Council Member Rhodes regarding the franchise fee. Mr. Jesse Hix, 2622 Segrest, expressed opposition to an increase in the franchise fee, stating that the fee is unjust. He encouraged people to acquire alternate long distance servicpq. Council Member Moss inquired if the wording in the agreement protects both parties to ensure that the work is accomplished in a timely fashion. He pointed out that it is necessary for both the City and the telephone company to make every effort to coordinate their construction and utility relocation efforts as early and as often as reasonably possible. City Manager Garza explained that the wording in the agreement encourages the cotpany to work with the City and it dopa require the many to relocate its lines at the City's request. He stated that the City will not wait to have the planning meeting until after the project is bid. Mayor Pro Tem Hunt inquired how the franchise tax is reflected in Southwestern Bell's operating statement, and Mr. Ron Maples, Regional Manager of Southwestern Bell, responded that it is flawed through directly to the City. He explained that it is not an operating expense nor is it a revenue. City Secretary Chapa polled the Council for their votes and the following items were passed: . ,inutes Regular Council Meeting April 3, 1990 Page 3 1. M90-088 Motion approving a supply agreement for natural gas odorant, in accordance with Bid Invitation No. BI -0183-90 with Natural (as Odorizing, Inc. of Baytown, Texas on the basis of low bid for an estimated annual expenditure of $10,584. 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. This odorant will be used by the Gas Division and has been budgeted accordingly. The foregoing motion passed by the following vote: Hunt, Galindo, Guerrero, Martin, Moss and Rhodes voting, "Aye"; Turner, McComb and Schwing absent. 2. M90-089 Motion approving reimbursement to John T. Tucker and Jack L. Tucker, developers of Yorkshire Estates, Block 4, Lot 1, and Yorkshire Estates Subdivision, for construction costs of one-half of the street abutting a dedicated park, and authorizing $4,803.15 from the Street Bond Find. The foregoing motion passed by the following vote: Hunt, Galindo, Guerrero, Martin, Moss and Rhodes voting, "Aye"; Turner, McComb and Schwing absent. 3. RESOLUTION NO. 20899 APPROVING THE DEVELOPER'S APPLICATION AND AUTHORIZING REIMBURSEMENT IN THE AMOUNT OF 439,719.39 TO JOHN T. TUCKER AND JACK L. TUCKER FOR THE INSTALLATION OF WATER GRID MAIN IN YORKSHIRE ESTATES SUBDIVISION; APPROPRIATING 439,719.39. The foregoing resolution passed by the following vote: Hunt, Galindo, Guerrero, Martin, Moss and Rhodes voting, "Aye"; Turner, McComb and Schwing absent. 4. RESOLUTION NO. 20900 APPROVING AND AUTHORIZING THE SUBMISSION OF GRANT APPLICATIONS TO THE CRIMINAL JUSTICE DIVISION OF THE STATE OF TEXAS FOR THE NUECES COUNTY ORGANIZED CRIME CONTROL UNIT AND DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) The foregoing resolution passed by the following vote: Hunt, Galindo, Guerrero, Martin, Moss and Rhodes voting, "Aye"; Turner, McComb and Schwing absent. 5. FIRST READING CLOSING AND ABANDONING THE 10 FOOT WIDE BY APPROKEM TE'rY 110 FOOT LONG DRAINAGE EASEMENT BETWEEN LATS 25 AND 26, BLOCK 11, POINT TESORO UNIT 2 SUBDIVISION; SUBJECT TO CERTAIN PROVISIONS. salutes Regular Council Meeting April 3, 1990 Page 4 The foregoing ordinance passed on first reading by the following vote: Hunt, Galindo, Guerrero, Martin, Moss and Rhodes voting, "Aye"; Turner, MOCOMb and Sdhwing absent. 6. ORDINANCE NO. 20901 AUTHORIZING THE EXECUTION OF AIRLINE USE AND CONTINENTAL AIRLINES, INC., SOUTHWEST AIRLINES AIRLINES, INC. FOR USE OF FACILITIES AT CO AIRPORT. LEASE AGREEMENTS WITH OOMPANY, AND AMERICAN RPUS CHRISTI INTERNATIONAL The foregoing ordinance passed on third reading by Hunt, Galindo, Guerrero, Martin, Moss and Rhodes McComb and Schwing absent. 7. ORDINANCE NO. 20902 the following vote: voting, "Ayes"; Turner, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT TO PROVIDE CONCESSIONS SERVICE'S AT THE BAYFRONT PLAZA CONVENTION CENTER AND THE MEMORIAL COLISEUM, BEGINNING 2:01 A.M., JUNE 3, 1990, AND EXTENDING THROUGH 2:00 A.M., JUNE 3, 1995, WITH NORTF FOOD SERVICFS; ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL OOPY OF WHICH IS MARRED EXHIBIT "A." The foregoing ordinance used on third reading by the following vote: Hunt, Galindo, Guerrero, Martin, Moss and Rhodes voting, "Aye"; Turner, McComb and Schwing absent. 8. ORDINANCE NO. 20898 AMENDING CHAPTER 55 OF THE CODE OF ORDINANCE=S FOR THE CITY OF CORPUS CHRISTI, BY ADDING A NEW ARTIrrP XIV, TELEPHONE ORDINANCE AGREEvIE T, ENACTING AN AGREEMENT BETWEEN THE CITY AND SOUTHWESTERN BEF1 TELEPHONE COMPANY WHEREBY SOUTHIWESTERN BFTT TELEPHONE COMPANY SHALL CONTINUE TO ERECT AND MAINTAIN ITS POR,RS, WIRES, ANCHORS, CABLES, MANHOT,FS, CONDUITS, AND OTHER PLANT CONSTRUCTION AND APPURTENANCES ALONG, ACROSS, ON, OVER, THROWN, ABOVE, AND UNDER ALL PUBLIC STREETS, AVENUES, ALLEYS, PUBLIC GROUNDS, AND PLAC'.FR IN SAID CITY, UNDER REGULATIONS AND RESTRICTIONS AND THAT THE CITY SHALL RECEIVE AN ANNUAL PAYMENT; PRESCRIBING A FIVE-YEAR TERM RENEWABLE FOR FIVE YEAR TERMS AND EFFECTIVE DATE OF SAID AGREEMENT, PROVIDING THIS ORDINANCE BE CUMULATIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR GOVERNING LAW; LIMITATION; PROVIDING FOR THE REPEAL OF THE IMM DIAIT LY PRECEDING FRANCHISE ORDINANCES; AND PROVIDING FOR PUBLICATION, ALL AS HEREIN PROVIDED. The foregoing ordinance passed on third reading by the following vote: Hunt, Galindo, Guerrero, Martin, Moss and Rhodes voting, "Aye"; Turner, McComb and Schwing absent. Ainutes Regular Council Meeting April 3, 1990 Page 5 9. ORDINANCE NO. 20903 AMENDING THE CODE OF ORDINANCES, CHAPTER 35, OIL AND GAS WELLS, SECTION 35-80, INSURANCE AND BONDS, BY DELETING SAID SECTION IN ITS ENTIRETY AND SUBSTITUTING THEREFOR ANOTHER SECTION 35-80. The foregoing ordinance passed on third reading by the following vote: Hunt, Galindo, Guerrero, Martin, Moss and Rhodes voting, "Aye"; Turner, McComb and Schwing absent. * * * * * * * * * * * * Mayor Pro Tem Hunt called for petitions from the audience on matters not scheduled on the agenda. Mr. Harold Hoppenrath, 338 Clifford, commented about the North American Indian Festival which will be held at Heritage Park this weekend. Council Member Guerrero requested the staff to prepare a resolution proclaiming Friday, April 6, 1990, as "North American Indian Heritage Day." Mt. Irving Dietz, 455 Miramar, expressed concern about the City operations normally funded from the General Fund which are now being funded out of Enterprise Funds. City Manager Garza responded that the Sanitation PtLXLam is not an Enterprise Fund, stating that it is part of the General Fund. He stated that the Street Sweeping PivyLam is under the direction of the Sanitation Superintendent. Mr. Garza noted that the mowing and cleaning of ditches was transferred to the Water Division, elaborating on the new federal law regulations. A short conversation followed in regard to drainage utilities and it was noted that the issue on drainage utilities will be brought before the Council this spring. Mt. Dietz expressed dlstrPss about street sweepings being swept into neighborhood yards, stating that the City has violated the Clean Air Act. He then =tented about the dehris in park lands. City Manager Garza explained that the debris referred to by Mr. Dietz will be cleaned up, noting that it is a dumping site for the museum. Mr. Jesse Hix, 2622 Segrest, =rented about the Hispanic Arts Center and suggested that the old HER building be remodeled for the Center. Mr. Philip Rosenstein, 949 Bobalo, commented about passible violations which could be referred to the Ethics Commission. He remarked about actual violations of the Ethics Ordinance and about statements made by Council Member Rhodes in this regard. * * * * * * * * * * * * * Mayor Pro Tem Hunt called for the City Manager's report. minutes Regular Council Meeting April 3, 1990 Page 6 City Manager Garza provided an update of the Javelina pipeline permit application. Mr. Garza advised that a report on the Port Aransas annexation issue will be sent to the Council in the Friday mail packet. Mayor Pro Tem Hunt called for reports from the Council. Council Member Guerrero commented about an issue regarding the ramp reversal on SPID at Moore Plaza and a public hearing which will be held by the State on April 20. He stated that people have requested to come before the Council to express their views in this matter. Discussion ensued relative to the ramp reversal, and Council Member Rhnies moved to place this issue on the agenda for discussion and public input for the April 10, 1990 Council Meeting. The motion was seconded by Council Member Martin and passed unanimously; Guerrero abstaining; Turner, McComb and Schwing absent. Council Member Guerrero referred to numerous complaints relative to the flea market which abuts Bonner Drive and suggested that staff look into this matter. Council Member Rhodes presented an ordinance passed by the City of Brownsville regarding habitats for wildlife. She requested that a copy of the ordinance be placed in each Council Member's mail packet and suggested that staff review the ordinance for comment. Mayor Pro Tem Hunt remarked about a problem which was handled by Deputy City Manager Jesus Garza relative to a concern by Mr. Carl Tagle. Mr. Hunt noted that the problem has been corrected to Mr. Tagle's satisfaction. Mr. Hunt referred to the annexation issue with the City of Port Aransas and asked the Council to consider placing this matter as a referendum in August to let the citizens decide. He noted that the cap on utilities will be another issue on the referendum. The Council discussed the possibility of cancelling the Council Meeting of April 17 and it was the consensus of the Council not to cancel the meeting. There being no further business to come before the Council, Mayor Pro Tem Hunt declared the Council Meeting adjourned at 3:45 p.m. on April 4, 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 April 3, 1990, which were approved by the City Council on April 10, 1990. WITNESSETH MY HAND AND SEAL, this the 29th day of June, 1990. jil Betty irner Mayor Armando Chapa City Secretary