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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 Ainutes 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 Ainutes . 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 rlinutes 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. idinutes 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