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
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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
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Regular Council Meeting
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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
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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
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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
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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
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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.
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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