HomeMy WebLinkAboutMinutes City Council - 02/12/1991PRESENT
Mayor Betty Turner
Mayor Pro Tem Mary Rhodes
Hall.
Council Members:
Cezar Galindo
Leo Guerrero
Tom Hunt
Fd Martin
Joe McComb
Clif Moss
Frank Schwing
Tvfe
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
FEBRUARY 12, 1991
7 p.m.
City Manager Juan Garza
Interim City Attorney James Bray
City Secretary Armando Chapa
Mayor Turner called the meeting to order in the Council Chambers of City
The invocation was delivered by Reverend E. F. Bennett, Retired Pastor,
following which the Pledge of Allegiance to the Flag of the United States was
led by Council Member Galindo.
City Secretary Chapa called the roll and verified that the nernssary 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
Mooting of February 5, 1991, and there being no corrections or additions, she
proclaimed them approved as presented.
Mayor Turner announced that the Board and Committer appointments will be
postponed until the following week.
* * * * * * * * * * * * *
Mayor Turner called for petitions from the audience on matters not
scheduled on the agenda.
Mr. Jesse Hix, 2622 Segrest, made suggestions in regard to recycling,
election of the Ethics Committee instead of by appointment, and replacement of
palm trees with native trees.
MICROFILMED
Minutes
Regular Council Meeting
February 12, 1991
Page 2
Mr. W. D. Willis, 4102 Kingston, commented in regard to a proposed
development plan for the South Central Area and suggested City Council
participation in budget performance and annual preparation. Mr. Willis inquired
about the status of the Mercer Report, and Council Member Moss informed him that
the Council committee on the Mercer Report is still conducting meetings, and the
plan is in the process of being implemented. City Manager Garza stated that he
will provide Mr. Willis with last week's report.
Mr. Philip Rosenstein, 949 Bobalo, remarked about the new Ethel Eyerly
Senior Citizen Center in Flour Bluff and urged that it be completed in ninety
days.
Mr. Bill Barton, 11801 South Padre Island Drive, owner of a bait and tackle
shop, spoke in reference to the resolution concerning the present lessees of
State land on the John F. Kennedy Memorial Causeway, and Mayor Turner advised
him that the matter is on this evening's agenda for Council action.
* * * * * * * * * * * * *
Mayor Turner called for the City Manager's report on Item 1, approving a
supply agreement for standard sedans and light duty trucks, and City Manager
Garza advised that the City is attempting a new concept of entering into a
supply agreement for the purchasing of vehicles.
* Council Member Schwing arrived at the meeting at 7:16 p.m.
A brief informational report regarding the purchasing items and the new
concept was presented by Deputy City Manager Jesus Garza.
A broad discussion followed and the City Manager and Deputy City Manager
responded to specific questions raised by the Council. Because of concerns
expressed by Council Members Martin and Moss in regard to the additional
vehicles, City Manager Garza and the Deputy City Manager elaborated on the need
for the purchase and explained the justification for the additions and
replacements to the fleet.
Council Member Guerrero encouraged the Council to approve the additional
vehicles, pointing out that the City has grown. He stated that the purchase is
budgeted in the Capital Outlay and perhaps it would reduce the amount of citizen
complaints about work not getting done.
City Secretary Chapa polled the Council for their votes and the following
motion was passed:
1. M91-034
Motion approving a supply agreement for standard sedans and light-duty
trucks in accordance with Bid Invitation No. BI -0054-91. The term of the
agreement shall be for the 1991 model year with an option to extend through
the 1992 model year, subject to the approval of the seller and the City
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Regular Council Mooting
February 12, 1991
Page 3
Manager or his designee. the 1991 models are budgeted in the 1990-91
Capital Outlay. Awards are based on low bid and low bid meeting
specifications. Awards are to be made to:
Benson Chevrolet
Corpus Christi, Texas
43 units
Total $412,581.62
Creveling Dodge
Corpus Christi, Texas
11 units
Total: $153,732.46
Crosstown Ford
Corpus Christi, Texas
4 units
.Total: $41,540
GRAND TOTAL: $607,854.98
The foregoing motion passed by the following vote: Turner, Rhodes,
Galindo, Guerrero, Hunt, Mccoxnb and Schwi.ng voting, "Aye"; Martin and Moss
voting, "No."
* * * * * * * * * * * * *
Mayor Turner called for consideration of the consent agenda on Items 2 thru
6, and a member of the audience requested that Item 2 be withheld for
disnvssion.
City Secretary Chapa polled the Council for their votes and the following
were passed:
3. SECOND READING
AUTHORIZING THE EXECUTION OF A TIN -YEAR LEASE AGREEMENT WITH BILL R.
WILHELM' AND BENJAMIN JOSEPH HOLLAND FOR BLOCK 69, LOTS 5 AND 6, BEACH
ADDITION, FOR AN ARTIST STUDIO AND GALLERY; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance passed on second reading by the following vote:
Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing
voting, "Aye."
4. SEO.OND READING
AMENDING THE CODE OF ORDINANCES, CHAPTER 19, MOOD AND FOOD ESTABLISHMENTS,
BY AMENDING SECTIONS 19-1, 19-39, 19-40, 19-49, 19-54, 19-56, AND 19-58.
The foregoing ordinance passed on second reading by the following vote:
Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing
voting, "Aye."
5. ORDINANCE NO. 021076
:iinutes
Regular Council Meeting
February 12, 1991
Page 4
AMENDING THE CODE OF ORDINANCES, CHAPTER 13, BUILDINGS; CONSTRUCTION AND
RELATED OPERATIONS; HOUSING AND HOUSING PREMISES STANDARDS, ARTICLE III,
ELECTRICAL, DIVISION 1, LICENSING, SECTION 13-61, TO AMEND THE MEMBERSHIP
OF THE ELECTRICAL ADVISORY BOARD.
The foregoing ordinance passed on third reading by the following vote:
Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McCcnnb, Moss and Schwing
voting, "Aye."
6. ORDINANCE NO. 021077
CLOSING AND ABANDONING HUISACHE STREET FROM BUDDY LAWRENCE DRIVE TO THE
INTERSTATE HIGHWAY 37 RIGHT-OF-WAY; SUBJECT TO CERTAIN PROVISIONS.
The foregoing ordinance passed on third reading by the following vote:
Turner, Rhodes, Galindo, Guerrero, Hunt, Martin, McComb, Moss and Schwing
voting, "Aye."
* * * * * * * * * * * * *
Responding to a suggestion frau Mr. Jee Hix, 2622 Segrest, on Item 2,
MHMR - nonresidential program facility, Mayor Turner advised him that the funds
for the acquisition were allocated for this specific purpose.
City qPrretary Chapa polled the Council for their votes and the following
motion was passed:
2. M91-035
Motion authorizing acquisition of a parcel located at 1502 South Brownlee
Blvd. for $190,000 in connection with the MHMR Non-residential Facility.
The foregoing motion passed by the following vote: Turner, Rhodes,
Galindo, Guerrero, Hunt, Martin, McCanb, Moss and Schwing voting, "Aye."
* * * * * * * * * * * * *
Mayor Turner called for consideration of Items 7 and 8 concerning utility
rate matters, and City Manager Garza advised that the discussion and
consideration of a compromise position between the City and the petitioners of
the utility rate repeal is on the agenda at the request of five Council Members.
Council Member Martin summarized several key issues leading up to the
petition which was sukanitted requesting a referendum on the repeal of the
utility rates. He discussed a proposal by which the Council by a series of
actions could repeal the basics of the ordinance which was previously adopted;
replace the rates with a new package; clean up any remaining questions about the
City's budget adoption procedure; and remove the rate repeal issue from the
April ballot. Mr. Martin elaborated on the proposed rate compromise and stated
that the annual effect of the proposed change would be approximately $400,000
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. Regular Council Meeting
February 12, 1991
Page 5
less than the annual effect of the original increase. He expressed concern
about whether it would have any adverse effect on the City's bond rating and
credit. Mr. Martin recommended that the Council adopt the proposed rate
compromise.
Council Member Guerrero urged the Council not to accept the compromise,
stating that it would be setting a dangerous precedent whereby the Council would
be facing conprouses anytime there is a petition that is signed with reference
to any regulation of any situation.
Disnmcsion ensued and Council Member Hunt and Mayor Pro Tem Rhodes
expressed support of the compromise.
Council Member Moss remarked that he will vote for the proposal, stating
that the City has a chance to still some turbulence about the rate increases.
He stated that if it creates a problem with operating the utilities, the rates
could be addressed at a later time.
Mayor Turner expressed concerns about the proposal, stating that the major
issue is, who has the responsibility for rate setting. She indicated that
agreeing to the promise does not resolve this question, stating that the
referendum proposal is still out there and all future rate setting may be
subject to initiative and referendum unless it is dealt with. She stated that
dipping into utility account reserves could have a negative impact on the City's
bonding capacity and bond ratings, and adopting this proposal will change the
conditions under which the last bonds were sold.
City Manager Garza advised that the various legal opinions were clear that
the Council has the authority to set rates He expressed concern about using
the reserve account, stating that it is not certain what it would do to the
City's bond rating. He indicated that the City's potential investors were
advised that the City was facing a utility rate cap election and that the rates
were being raised, and the ccmpromcsnise would be a charged condition. Mr. Garza
stated that he still supports his original rendation for the overall
five-year Capital Improvement Program with an increase in the rates. He stated
that the greatest challenge that the City faces in its utilities is uncertainty,
and he elaborated on the uncertainties of what could happen.
Council Member Galindo expressed the opinion that the compromise should
have been reached at the beginning of the rate setting, not afterward.
After wore conversation, Mayor Turner called for comments from the
audience.
Ms. Ze]ma Champion, 1117 Donna Drive, expressed support of the compromise.
She remarked that petitions are a way of addressing the Council.
Mr. J. E. O'Brien, 4130 Pompano, declared that when discussing the
compromise with Council Member Martin, he was speaking for himself and not the
Taxpayers Association or the petitioners. He spoke in favor of the proposal and
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Regular Council Meeting
February 12, 1991
Page 6
stated that if adopted, it could avoid any costly potential litigation on this
issue and would demonstrate an attempt by the Council to address citizen
concerns. Mr. O'Brien stated that he hopes that any future rate increase will
be explained and justified to the public.
Mr. Irving Dietz, 458 Miramar, spoke in support of the proposal with the
exception of increasing the ceiling on the water cap increases. He commented in
regard to the justification for the ceiling.
Mr. Jimmy Tills, 1265 South Minerals Road, spoke in support of increasing
the cap.
Council Member Guerrero stated that people on low and fixed incomes will
end up paying more money for their water and wastewater as part of this
proposal. He again urged the Council to vote against the compromise.
City Manager Garza referred to winter averaging and stated that he will
present a method of implementation and emphasized that it may mean a somewhat
disproportionate effect on future rates when the City goes to winter averaging.
City Secretary Chapa explained the ordinances to be voted on. He then
polled the Council for their votes and the following were passed:
7a. ORDINANCE NO. 021078
PARTIALLY REPEALING ORDINANCE NO. 21001; AMENDING SECTIONS 55-50 AND 55-100
OF THE CITY CODE OF ORDINANCES REGARDING WATER, AND WASTEWATER RATES AND
MAXIMUM QUANTITIES TO WHICH WASTEWATER RATES ARE APPLICABLE; AND DECLARING
AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the
following vote: Rhodes, Hunt, Martin, MCCommb, Moss and Schwing voting,
"Aye"; Turner, Galindo and Guerrero voting, "No."
7b. ORDINANCE NO. 021079
AMENDING THE 1990-1991 CITY BUDGET; PROVIDING FOR SEVERABILITY; AND
DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the
following vote: Rhodes, Hunt, Martin, McComb, Moss and Schwing voting,
"Aye"; Turner, Galindo and Guerrero voting, "No."
8. ORDINANCE NO. 021080
AMENDING ORDINANCE NO. 021073 ORDERING AN ELECTION ON APRIL 6, 1991, TO
EXCLUDE A REFERENDUM ON UTILITY RATS FOR WATER, GAS, AND WAST TER, AND
DECLARING_ AN EMERGENCY.
Ainutes
Regular Council Meeting
February 12, 1991
Page 7
An emergency was declared and the foregoing ordinance passed by the
following vote: Rhodes, Hunt, martin, McComb, Moss and Schwing voting,
"Aye"; Turner, Galindo and Guerrero voting, "No."
* * * * * * * * * * * * *
Mayor Turner called for consideration of Iters 9, 10, 11, and 12 concerning
public improvements at the Six Points Area.
Council Member Galindo commented about the project and applauded the PTA on
their efforts.
Mr. Tom Niskala, Executive Director of the Regional Transit Authority,
updated the Council on the Six Points bus stop improvements project. He
provided a model of the project and discussed the funding and various phases.
Deputy City Manager Jesus Garza announced that Items 10 and 12 were posted
as first reading ordinances and will be brought back next week on an emergency
basis.
Council Member Galindo made a motion to approve Items 9 and 11; seconded by
Mayor Turner.
9. M91-036
Motion authorizing the Municipal Arts Commission to appoint an art
selection panel for the Regional Transportation Authority's Six Points bus
stop improvements project.
The foregoing motion passed by the following vote: Turner, Rhodes,
Galindo, Hunt, McComb and Moss voting, "Aye"; Guerrero, Martin and Schwing
absent at the time the vote was taken.
11. M91-037
Motion approving the temporary closing of Palmero Street between Staples
and Alameda Streets to facilitate construction of improvements to the Six
Points bus stop terminal.
The foregoing motion passed by the following vote: Turner, Rhodes,
Galindo, Hunt, McComb and Moss voting, "Aye"; Guerrero, Martin and Schwing
absent at the time the vote was taken.
City gerretary Chapa polled the Council for their votes and the following
ordinances were passed on first reading:
10. FIRST READING
Minutes
Regular Council Meeting
February 12, 1991
Page 8
AUTHORIZING THE EXECUTION OF A USE AGREEMENT WITH CORPUS CHRISI'1 REGIONAL
TRANSPORTATION AU'T'HORITY FOR THE CONSTRUCTION, UTILIZATION AND MAINTENANCE
OF THE SIX POINTS TRIANGT,F FOR BUS STOP PURPOSES.
The foregoing ordinance passed on first reading by the following vote:
Turner, Rhodes, Galindo, Hunt, McComb and Moss voting, "Aye"; Guerrero,
Martin, and Sdhwing absent at the time the vote was taken.
12. FIRST READING
AUTHORIZING THE EXECUTION OF A USE AGREEMENT WITH CORPUS CHRISTI REGIONAL
TRANSPORTATION AUTHORITY, ON ITS BEHALF AND AS AGENT FOR THE FEDERAL
DEPOSTT INSURANCE CORPORATION AND GEORGE ROBERT SWAZNER, FOR THE
INSTATTATTON AND MAINTENANCE OF A FIVE-FOOT CONCRETE SIDEWALK WITHIN THE
ALLEY FROM PALMERO 10 CLIFFORD, LANDSCAPING AND CONCRETE WALKWAYS TO REAR
ENTRANCE TO RETAIL BUSINESSES WITHIN THE PROPERTY KNOWN AS DEL MAR
SUBDIVISION.
The foregoing ordinance passed on first reading by the following vote:
Turner, Rhodes, Galindo, Hunt, McComb and Moss voting, "Aye"; Guerrero,
Martin and Schwing absent at the time the vote was taken.
* * * * * * * * * * * * *
There were no convents from the Council or audience on Item 13.
City Secretary Chapa polled the Council for their votes arra the following
resolution passed:
13. RESOLUTION NO. 021081
URGING STATE AGENCIES TO CONSIDER THE CONCERNS OF THE PRESENT LESSEES OF
STATE LAND ON THE JOHN F. KENNEDY MEMORIAL CAUSEWAY, AND SUPPORTING THE
EFFORTS OF SENATOR CARIOS TRUAN AND REPRESENTATIVE TODD HUNTER.
The foregoing resolution passed by the following vote: Turner, Rhodes,
Galindo, Hunt, Martin, McComb arra MhRS voting, "Aye"; Guerrero and Schwing
absent at the time the vote was taken.
* * * * * * * * * * * * *
No diqnie-gion or action was taken on Item 14 in regard to pending or
proposed legislation at the 72nd Texas legislature.
Mayor Turner called for reports from the Council.
Mayor Pro Tem Rhodes spoke in regard to complaints from citizens about the
vandalism of hubcaps in the Bayfront Plaza area and vandalism outside the
Lindale Senior Citizen Center during evening hours. Deputy City Manager Jesus
Garza stated that he will check into the matter.
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Regular Council Meeting
February 12, 1991
Page 9
Council Member Runt cxxmrented about the legal aspect of initiative and
referendum. He suggested obtaining the Attorney General's opinion in regard to
the referendum for the utility rate repeal, and the Council did not object to
his suggestion, although Council Member Martin requested to see the proposed
question before it is prcoonted to the Attorney General.
Council Members Martin and Hunt stated that they were not informed of the
Ethel Eyerly ground breaking, and Deputy City Manager Jesus Garza stated that he
will look into the situation.
The Council went into closed sssion pursuant to Article 6252-17, Section
2(e), V.A. C. S. to consult with attorney regarding overpayments by City for
electric service, and to consider and act upon request for attorney's fees by
Kelly Elizondo.
*************
Mayor Turner reconvened the Council Meeting and moved to approve legal
expenses for Kelly Elizondo up to $20,000. The motion was seconded by Council
Member MOComb and passed unanimously.
There being rio additional business to cane before the Council, Mayor Turner
declared the Council Meeting adjourned at 9:25 p.m. on February 12, 1991.
* * * * * * * * * * * * *
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 February 12, 1991 which
were approved by the City Council on February 19, 1991.
WITNESSETH MY HAND AND SEAL, this the 8th day of March, 1991.
oaS eir
Armando Chapa
City Secretary