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.
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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