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HomeMy WebLinkAboutMinutes City Council - 05/22/1990T PRESENT Mayor Pro Tem Joe McComb Council Members: Cezar Galindo Tom Hunt Edward Martin Clif Moss Mary Rhodes Absent Mayor Betty Turner Leo Guerrero Frank Schwing MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MAY 22, 1990 2 p.m. City Manager Juan Garza City Attorney Hal George Assistant City Secy. Dorothy Zahn City Secretary Armando Chapa Mayor Pro Tem Joe McComb called the meeting to order in the Council Chamber of City Hall and announced that he will be conducting the meeting because Mayor Turner is in Washington on City business. The invocation was delivered by Reverend Bruce Chabot, Corpus Christi Cathedral, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Cezar Galindo. Assistant City Secretary Dorothy Zahn called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Pro Tem McComb called for approval of the Minutes of the Regular Council Meeting of May 15, 1990. A notion was made by Council Member Moss that the Minutes be approved as submitted, seconded by Council Member Rhodes and passed unanimously by those present and voting. Dr. Charles Allen, Chairman of the Caller -Times U.S. Open Committee, announced the Caller -Times U.S. Open Pro Am Sailboard Regatta which begins on Thursday, May 24, 1990. Dr. Allen introduced Mr. Tom Pace, a world class pro sailboarder, who updated the Council on the sailboarding event. Mayor Pro Tem McComb administered the Oaths of Office to the following newly appointed Board and Committee members: Bert Beecroft - Airport Advisory Committee; Gerardo Garcia - Board of Adjustment; Barbara Silverman - Municipal MICROFILMED _.inutes Regular Council Meeting May 22, 1990 Page 2 Arts Commission; Reverend Bruce Chabot - Sister City Conuittee; and Braxton Routh - Transportation Advisory Committee. * * * * * * * * * * * * * Mayor Pro Tem McComb called for cements from the audience on consent motions, resolutions, ordinances and ordinances ficuu previous meetings on Items 1 thru 10. Relative to Item 4, Juneteenth Celebration, Dr. James Wagner, a representative of NAACP, updated the Council on the Juneteenth Celebration which will be held on June 16 - 17, 1990. He requested Council approval in regard to the closure of certain street sections during the event. On Item 5, 4th of July Celebration, Mr. Armando Avalos, Heart of Corpus Christi chairman of Promotions and Special Events, remarked about the 4th of July street festival which will be held on July 4, 1990. He requested Council approval in regard to the closure of Schatzell Street, between Shoreline Boulevard and Water Street during the event period. Pertaining to Item 8, adopting the final assessment roll for the Airline Road Improvements, Mr. N. L. Derksen, a representative of Bay, Inc., contractor on the Airline Road Street improvements, referred to a letter sent to the Council regarding a claim against the City. Mr. Derksen indicated that he did not know whether the claim would affect Item 8 and pointed out that $1,539,742.52 may not be the final contract price. After a brief discussion on Item 8, City Manager Garza stated that the claim by Bay, Inc. would be separate and apart from the assessment roll and would not affect the final assessment roll. He stated that the basic cost of the project as submitted to the City, without the additional claim, is the actual cost of the project. Mr. Garza indicated that the assessments are determined by the actual cost and the City's assessment formulas. Carl Crull, Director of Engineering Services, stated that the assessments have ceilings on them; they have been made met; and there would not be any additional costs passed on through the assessment roll to the abutting property owner. Mayor Pro Tem McComb asked for co mnents from the Council. On Item 3, approving the purchase of one 8" suhnersible sewage pump, Council Member Galindo noted that this item was budgeted for $12,000 and the purchase recommendation is $17,910.00. He expressed concern that additional funds will be taken from other accounts. City Manager Garza provided background information and stated that there are occasions when both pumps are required to be on at the same time, and at that time, there is not a backup. He stated that the additional pump will serve as a backup, providing the extra safeguards to prevent raw sewage overflows in _.mutes Regular Council Meeting May 22, 1990 Page 3 the Nue-ns River. He stated that adequate funds are in the account and the pump is a high priority. Assistant City Secretary Zahn polled the Council for their votes and the following were passed: 1. M90-126 Motion approving a supply agreement for linen and towel service in accordance with Bid Invitation No. BI -0254-90 with American Linen Supply Co., Corpus Christi, TX based on low bid for an estimated annual expenditure of $10,867.50. 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 service will be used by the Fire Department and the Corpus Christi Public TA hrary. Funds have been budgeted. The foregoing motion passed by the following vote: McComb, Galindo, Hunt, Martin, Moss and Rhodes voting, "Aye"; Turner, Guerrero and Schwing absent. 2. M90-127 Motion approving the purchase of one 250 CFM portable air compressor in accordance with Bid Invitation No. BI -0273-90 from Air and Pump Company, Corpus Christi, TX, for the law bid of $13,412. The unit was budgeted in the 1989-90 Capital Outlay as a replacement item for the Wastewater Department. The foregoing motion passed by the following vote: McComb, Galindo, Hunt, Martin, Moss and Rhodes voting, "Aye"; Turner, Guerrero and Schwing absent. 3. M90-128 Motion approving the purchase of one 8" submersible sewage pump in accordance with Bid Invitation No. BI -0267-90 from Process Engineered Equipment Co., Corpus Christi, TX, based on low bid of $17,910. This pump was budgeted in the 1989-90 Capital Outlay as an additional item for the Wastewater Department. The foregoing motion passed by the following vote: McComb, Hunt, Martin, Moss and Rhodes voting, "Aye"; Galindo voting, "No"; Turner, Guerrero and Schwing absent. 4. M90-129 Motion approving the application by the NAACP to hold the Juneteenth Celebration on June 16 - 17, 1990, and approving the closing of the following street sections during the event: a. West side of North Shoreline Boulevard, between ildnutes Regular Council Meeting May 22, 1990 Page 4 Hughes Street and Fitzgerald Street. b. Resaca Street, east one-half, between North Shoreline Boulevard and Water Street. The foregoing motion paste by the following vote: McComb, Galindo, Hunt, Martin, Moss and Rhodes voting, "Aye"; Turner, Guerrero and Schwing absent. 5. M90-130 Motion approving the application by the Heart of Corpus Christi, Inc., to hold its 2nd Annual 4th of July street festival on July 4th, 1990, and approving the closing of Schatzel Street, between Shoreline Boulevard and Water Street during the event period. The foregoing motion passed by the following vote: McComb, Galindo, Hunt, Martin, Moss and Rhodes voting, "Aye"; Turner, Guerrero and Schwing absent. 6. M90-131 Motion authorizing acquisition of Parcel 3, located on Ayers Street southwest of Frederick Drive, for $80,350, in connection with the Crosstown Expressway Drainage project. (Contract on file in City Secretary's Office) The foregoing motion passed by the following vote: McComb, Galindo, Hunt, Martin, Moss and Rhodes voting, "Aye"; Turner, Guerrero and Schwing absent. 7. M90-132 Motion authorizing an agreement with the NuerP' County and the Port of Corpus Christi Authority relative to the operation and maintenance of the Tule Lake Lift Bridge. (Agreement on file in City Secretary's Office) The foregoing motion passed by the following vote: McComb, Galindo, Hunt, Martin, Moss and Rhodes voting, "Aye"; Turner, Guerrero and Schwing aheent. 8. ORDINANCE NO. 20924 AMENDING ORDINANCE NO. 20544 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREET; AIRLINE. ROAD - 1. Airline Road, from Wooldridge Road to Holly Road, 2; Cimmaron Road, from Wooldridge Road to Airline Road; and 3. Misty Meadow Road, from Cimmaron Road Northwest for 438 Linear Feet to the existing improvements; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: McComb, Galindo, Hunt, Martin, Moss and Rhodes voting, "Aye"; Turner, Guerrero and Schwing absent. 9. FIRST READING _dnutes Regular Council Meeting May 22, 1990 Page 5 AUTHORIZING THE EXECUTION OF A LEASE AGREHINT WITH THE NUECFS COUNTY COMMUNITY ACTION AGENCY (NCCAA) FOR THE LEASE OF PROPERTIES; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on first reading by the following vote: McComb, Galindo, Hunt, Martin, Moss and Rhodes voting, "Aye"; Turner, Guerrero and Schwing absent. 10. ORDINANCE NO. 20925 CLOSING AND ABANDONING THE SECTION OF CIMMARON BLVD. FROM THE MISTY MEADOWS INTERSECTION NORTHWARD FOR 680 EEE:i AND THE SECTION OF MISTY MEADOWS, APPROXIMATELY 300 Ina WEST OF THE CIPMARON/MISTY MEADOWS INTERSECTION; SUBJECT TO CERTAIN PROVISIONS. The foregoing ordinance passed on third reading by the following vote: McComb, Galindo, Hunt, Moss and Rhodes voting, "Aye"; Martin abstaining; Turner, Guerrero and Schwing absent. Assistant City Secretary Zahn announced that Council Member Martin had filed a Conflict of Interest Affidavit with the City Secretary's Office in regard to Item No. 10. * * * * * * * * * * * * * Mayor Pro Tem McComb called for consideration of Item 11, the lease of certain land adjacent to and abutting the present shoreline of lot 2, block G, Brooklyn Addition of the City of Corpus Christi for five years to Wayne A. Johnson. Assistant City Manager Utter provided background information in regard to the property and showed a map of the area. He commented about a proposal for the development of a restaurant by Mr. Elmo Jackson on property owned by Wayne A. Johnson. He stated that Mr. Johnson has awned the land area for a number of yaars, he has occupied a structure built on pilings immediately adjacent to the lot in the water of Corpus Christi Bay; and it has been determined that the structure currently rests on City owned bay bottom. Mr. Utter stated that Mr. Johnson has requested a lease from the City for the sulanerged land, and it is his intention to sublease the land to Mr. Jackson. Mr. Utter commented about the five-year lease agreement in which the City would be paid one percent of the restaurant's gross revenue per month or a minimum of $200. He then explained how the taxes would be handled. Discussion followed and Mr. Utter responded to a series of questions posed by Council Members. City Manager Garza explained that the City became owners of the bay waters in 1924 which granted them the right to take ownership of all submerged land as Ainutes Regular Council Meeting May 22, 1990 Page 6 it eroded. He stated that the portion of property under water is the City's; the portion on dry land is Mr. Johnson's; and Mr. Johnson owns the boathouse. Mayor Pro Tem McComb called for comments from the audience. Mr. Jake Hix, 2622 Segrest, stated that Mr. Johnson is trespassing on City property, questioning why a second party is needed for lensing City land. Mr. David Royal, 2801 North Shoreline, commented about the area in question and expressed concern about the lease agreement. He stated that improvements which are constructed on public property absent of a prior agreement with that public entity become the property of that public entity. He expressed the opinion that the lease agreement will not be advantageous to the City, stating that the City should assume ownership of the structure and lease it directly to Mr. Jackson for more than one percent of the gross profits. He expressed concern that Mr. Johnson will capture money that should be going into the General Fund. He suggested that the Council examine the improvements. Council Member Hunt commented in regard to a letter from the General Land Office; he asked for a legal opinion on this matter; and he suggested postponing the item. City Attorney George stated that staff has examined this situation and believes that the City is fully authorized to enter into the hese agreement. He stated that he will provide the Council with a written opinion. Mr. George pointed out that the ordinance will be read on three readings. Mr. Wayne Johnson, 62138 Park Lane, Dallas, commented about the development proposal. Assistant City Secretary Zahn polled the Council for their votes and the following ordinanace was passed: 11. FIRST READING AUTHORIZING THE CITY MANAGER TO FDEY3JTE A LEASE AGREEMENT OF SUBMERGED LAND ADJACENT TO AND ABUTTING THE PRESENT SHORELINE OF LOT 2, BLOCK G. BROOKLYN ADDITION FOR FIVE YEARS TO WAYNE A. JOHNSON. The foregoing ordinance passed on first reading by the following vote: McComb, Galindo, Martin, Moss and Rhodes voting, "Aye"; Hunt abstaining; Turner, Guerrero and Schwing absent. * * * * * * * * * * * * * Mayor Pro Tem McComb called for consideration of Item 12 in regard to the Africanized honey bees. City Manager Garza stated that the proposed ordinance is strictly to amend the code by the creation of a Honey Bee Advisory Committee because of the Ainutes Regular Council Meeting May 22, 1990 Page 7 advance of Africanized honey bees towards the United States and what preparations local communities should make. Mayor Pro Tem McComb stated that the record should state that the City Manager will not hire and train a City employee to serve as a coordinator as is stated in the proposed action plan. Council Member Rhodes stated that this is a very serious issue, and the City needs to be prepared ahead of time because the bees are very dangerous. She stated that the formation of a committee is a good idea unless it is a delay tactic to not do anything. She indicated that this could be very damaging to the tourism industry. Mrs. Rhodes volunteered to be the liaison to the advisory committee. Council Member Martin explained the purpose of the advisory committer and expressed support of its creation. He made a motion that the City Manager actively work with the advisory committee to work on the issue and get it to the ordinance state. The motion was seconded by Council Member Rhodes and passed unanimously by those present and voting. Council Member Hunt expressed concern that a panic not begin because it would affect the tourism industry. Mayor Pro Tem McComb called for cam:tents from the audience. Mr. Jack Padgett, a commercial beekeeper, stating that the City should be prepared. He the committee. Assistant City Srrretary Zahn polled the following ordinance passed as amended on first 12. FIRST READING spoke in favor of the ordinance, indicated that he would serve on Council for their votes and the reading: AMENDING THE CODE OF ORDINANCES, BY AMENDING CHAPTER 2, ADMINISTRATION, BY CREATING A NEW DIVISION 12, HONEY BEE ADVISORY COMMITTEE. The foregoing ordinance passed, as amended, on first reading by the following vote: McComb, Galindo, Hunt, Martin, Moss and Rhodes voting, "Aye"; Turner, Guerrero and Schwing absent. ************* Mayor Pro Tem McComb called for petitions from the audience on matters not scheduled on the agenda. Mr. Ron Hudson, 3556 Austin, commented in regard to acress to the Parkdale Branch Library. _,inutes Regular Council Meeting May 22, 1990 Page 8 Mayor Pro Tem McComb indicated that the problem has been addressed; he explained the agreement between the City and the shopping center; and he stated that the City needs to improve the condition of the street. Mayor Pro Tem McComb called for reports from the Council. Council Member Hunt referred to an April report concerning 2212 violations of the automobile liability insurance statute, noting that 1010 violations were dismissed. He requested a breakdown of the 1010 dismissed violations and under what conditions they were dismissed. Mr. Hunt expressed concern about the lost revenue regarding the dismissal of 10,000 traffic tickets which were purged by the City Manager. City Manager Garza stated that he considered the tickets uncollectible. He stated that he recommended the purchase of the municipal courts records system because the City cannot afford to issue tickets that it cannot collect. Council Member Moss commented in regard to the traffic jam in Flour Bluff because of the "Beach to Bay" marathon, and City Manager Garza advised that the City is working on that problem before the next marathon. Mr. Moss commented in regard to a letter from Mr. Jack Davis about donating property on Burleson Street to the City unless previous plans preclude the usa. There being no further business to come before the Council, Mayor Pro Tem McComb declared the Council Meeting adjourned at 3:30 p.m. on May 22, 1980. * * * * * * * * * * * * 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 May 22, 1990, which were approved by the City Council on May 29, 1990. WITNESSETH MY HAND AND SEAL, this the 29th day of June, 1990. etty TurJer Mayor Armando Chapa City Secretary