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HomeMy WebLinkAboutMinutes City Council - 04/02/1991MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING April 2, 1991 2 p.m. PRESENT Mayor Pro Tem Mary Rhodes Council Members: Cezar Galindo Leo Guerrero Tom Hunt Ed Martin Joe McComb * Frank Schwing * Absent Mayor Betty Turner Council Member Clif Moss City Manager Juan Garza Interim City Attorney James Bray City Secretary Armando Chapa Mayor Pro Tem Rhodes called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Keith Smith of First Baptist Church in Flour Bluff, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Hunt. City Secretary Chapa 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 Rhodes announced that Mayor Turner and Council Member Moss were absent because they were in Austin for Corpus Christi Day. Council Member Galindo moved to excuse them from the Council Meeting; seconded by Council Member Hunt and passed unanimously by those present and voting. Mayor Pro Tem Rhodes called for approval of the Minutes of the Regular Council Meeting of March 26, 1991, and there being no corrections or additions, she proclaimed them approved as presented. MICROFILMED Minutes Regular Council Meeting April 2, 1991 Page 2 Mayor Pro Tem Rhodes presented Certificates of Commendation to Martin and Adrian Lopez who helped save the lives of five people. Mrs. Rhodes then presented the following Proclamations: 1. Proclamation designating April, 1991, as "National Lawn Care Month." 2. Proclamation designating April, 1991, as "Sexual Assault Awareness Month." 3. Proclamation designating April 8 - 14, 1991, as "Coastal Bend Building Safety Week." 4. Proclamation designating April 7 - 13, 1991, as "Week of the Young Child." 5. Proclamation designating April 7 - 13, 1991, as "American City Quality Week." 6. Proclamation designating April 1- 7, 1991, as "National Community Development Week." 7. Proclamation designating April, 1991, as "Child Abuse Prevention Week." * Council Members McComb and Schwing arrived at the Council Meeting * * * * * * * * * * * * * Mayor Pro Tem Rhodes called for petitions from the audience on matters not scheduled on the agenda. Mr. Jesse Hix, 2622 Segrest, suggested that the Council comply with the Texas Municipal League's endorsement to require return deposits on reusable containers and to include small deposits on plastic bags. Mr. Juan Clark, 4722 Cheryl Drive, spoke in favor of channeling tax abatement funds to help meet the needs of CCSU. Mr. Hal Wasson, 3101 Up River Road, requested twenty-five animal traps, specifically possum traps for the Animal Control Department. Mr. Ron Hudson, 3556 Austin, implied that he has not received an answer to last week's question of whether taxpayers' money was used for the display of Christian symbols in Cole Park. He inquired if the taxpayers are paying for the cost of the construction, warehousing, maintenance and displaying of Christian symbols, specifically the crosses in Cole Park. Mr. Hudson questioned if the Council intends to continue to promote and endorse religion disregarding the fact that it is a clear violation of the Constitution of the United States. Minutes Regular Council Meeting April 2, 1991 Page 3 Council Member Martin informed Mr. Hudson that he and a significant number of Council Members have made donations to the City to pay for the cost of the installation of the crosses in Cole Park, stating that he is prepared to do that in future years. Mayor Pro Tem Rhodes expressed the opinion that the community should have a sensitivity and tolerance for all religions. Mr. Carter Tate, 214 Doddridge, President of the Coastal Bend Kite Flyers Association, requested Council support of "Kite Flying Day" at Cole Park on Sunday, April 28, 1991. Mr. Frank Beck, 520 South Chaparral, read a prepared statement concerning the fueling situation in the Marina. He referred to the ordinance passed in 1983 which established a designated site for the fueling of diesel boats and he stated that the Marina staff enforces the ordinance contrary to the intent for which it was created. He pointed out that a pleasure boat owner must purchase fuel at a City -mandated vendor. City Manager Garza updated the Council on the situation and remarked that boat owners are mandated to use one vendor, stating that it is part of the City's lease agreement with the Lighthouse. He declared that he is not aware that the City has made any changes in the enforcement of the ordinance since it was first adopted. Mr. Beck responded to specific questions raised by the Council, and following a brief discussion, City Manager Garza stated that he will meet with Mr. Beck to try and resolve the situation and present it to the Council in two weeks as an agenda item. Mr. Harold Hoppenrath, 338 Clifford, reminded the Council of the Native American Festival which will be held in Heritage Park this coming weekend. Mayor Pro Tem Rhodes called for consideration of consent motions, resolutions, ordinances, and ordinances from previous meetings on Items 1 thru 5, and Council Members requested that Items 1 and 5 be withheld for discussion. Relative to Item 4, Oso Golf Course Concession Contract, City Manager Garza clarified that the concessionaire offers the City thirteen percent of gross sales or $675 per month, whichever is greater, as compensation for use of the concession area. City Secretary Chapa polled the Council for their votes and the following were passed: Minutes Regular Council Meeting April 2, 1991 Page 4 2. SECOND READING AUTHORIZING THE EXECUTION OF AN ASSIGNMENT OF LEASE AGREEMENT WITH HEADINGTON OIL COMPANY FOR A SURFACE LEASE FOR A DIRECTIONAL DRILL SITE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Guerrero, Hunt, Martin, McComb and Schwing voting, "Aye"; Turner and Moss absent. 3. SECOND READING AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE YEAR AGREEMENT WITH BAYFEST, INC. FOR THE PURPOSE OF HOLDING A FESTIVAL AND RELATED ACTIVITIES IN CONNECTION WITH THE BAYFEST CELEBRATION TO BE LOCATED ALONG SHORELINE BOULEVARD BETWEEN IH -37 AND THE BAYFRONT SCIENCE PARK DURING 1991, 1992, 1993, 1994, AND 1995; SUBJECT TO ANNUAL CONFIRMATION OF TEMPORARY STREET CLOSURES BY CITY COUNCIL; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Guerrero, Hunt, Martin, McComb and Schwing voting, "Aye"; Turner and Moss absent. 4. SECOND READING AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE YEAR CONTRACT WITH MRS. JUANITA ANAYA FOR THE OPERATION OF A MANUAL FOOD AND DRINK CONCESSION AT THE OSO BEACH MUNICIPAL GOLF COURSE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Guerrero, Hunt, Martin, McComb and Schwing voting, "Aye"; Turner and Moss absent. R/# t Y/ i t t Y# i k Relative to Item 1, Ayers Street Lighting Improvements, Council Member Schwing inquired if CP&L obtains permits when the City contracts them to do work, and City Manager Garza responded that if the City hires them to do lighting on City property, that Minutes Regular Council Meeting April 2, 1991 Page 5 is a special condition which might require a permit, but if they are doing right-of-way work, a permit is not necessary. In regard to Item 5, farming lease agreement - 20.933 acre tract - Bohemian Colony Lands, Council Member Martin referred to the possible sale of the land and stated that he disagrees with staff recommendations to retain the land. He stated that, in his opinion, the land may not be worth much but there is no City purpose in having the land and he does not see the logic of the recommendations. City Manager Garza discussed the recommendations, stating that the land could be listed for sale if the Council instructed him to do so. City Secretary Chapa polled the Council for their votes and the following were passed: 1. M91-063 Motion authorizing the City Manager to execute an agreement with Central Power Sc Light Company (CPL) to relocate overhead electrical distribution lines and to install street lighting improvements in connection with the Ayers Street Phase I Improvements Project. The estimated cost to the City is $5,497. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Hunt, Martin, McComb and Schwing voting, "Aye"; Turner and Moss absent. 5. ORDINANCE NO. 021125 AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE YEAR FARMING LEASE WITH JULIUS ZDANSKY, JR. FOR A 20.933 ACRE TRACT OF LAND LOCATED OFF CHAPMAN RANCH ROAD AND APPROVING A RENTAL FEE OF EITHER A DESIGNATED DOLLAR PORTION OF THE CROP HARVESTED FROM THE ACREAGE OR A GUARANTEED $20/ACRE PER CROP YEAR, WHICHEVER IS GREATER. The foregoing ordinance passed on third reading by the following vote: Rhodes, Galindo, Guerrero, Martin, McComb and Schwing voting, "Aye'; Hunt voting, "No"; Turner and Moss absent. s s s• s s• w a w r s: Mayor Pro Tem Rhodes called for approval of Item 6, execution of Nueces County Community Action Agency (NCCAA) Weatherization Agreement. Minutes Regular Council Meeting April 2, 1991 Page 6 Bill Hennings, Director of Development Services, provided background information and discussed the agreement which provides $64,000 from the 16th Year CDBG Program to continue the Home Weatherization Rehabilitation Program. A brief question and answer period ensued and Mr. Hennings and Ms. Toni Botello, Community Services Director for the Community Action Agency, made statements clarifying specific questions raised by the Council in regard to the funding, the program and the agreement. A motion was made to approve Item 6; seconded by Council Member Galindo and passed unanimously; Moss and Turner absent. 6. M91-064 Motion authorizing the City Manager to execute an agreement with Nueces County Community Action Agency which provides $64,000 from the 16th Year (1990) CDBG Program to continue the Home Weatherization Rehabilitation program for repairs such as handicap access ramps, inner walls, bathrooms or other minor repairs to dwelling units which qualify under the program guidelines. # W R• t t Y i• f t# i Relative to Item 7, execution of the Boys and Girls Club agreement, Bill Hennings, Director of Development Services, gave a brief informational report in regard to an agreement which provides $146,000 from the 16th Year CDBG Program for the improvements to the facility. He discussed the contract and the proposed improvements, stating that the City has prepared the plans and specifications and is ready to go out for bids to repair the roof. He indicated that the Boys Club has requested additional improvements and they will be bid separately, if funds are available. Council Member Martin questioned why the City will supervise the contract, and Mr. Hennings responded that the building is owned by the Boys Club, and there is a provision in the deed that if it ever ceases to be used as a club, it reverts to the City. City Manager Garza declared that he would like to be more involved in the supervision of construction contracts with some of the City's sub -recipients for all CDBG projects. He stated that he would like to handle them the same as City projects, whereby some are contracted out and some are designed in-house. Council Members Martin and McComb expressed concern about the City overseeing the CDBG projects because the City has so many other projects and administering these will definitely put them behind schedule. Minutes Regular Council Meeting April 2, 1991 Page 7 Council Member Hunt expressed support of the City becoming involved in the supervision and accountability of the CDBG projects, and Mayor Pro Tem Rhodes concurred. Mr. Garza and Mr. Hennings responded to a series of specific questions raised by the Council. Discussion ensued and Council Member Schwing expressed concern that when the projects are approved, the public receives much less than the amount approved because the City deducts funds for administrative purposes. City Manager Garza provided background information on the CDBG grants, pointing out that the entire administrative cost for the City's program is about the lowest in the State. Mr. Martin requested to see the budget for the $146,000 expenditure. He then reiterated his concerns about the City overseeing the projects. Mr. Jesse Hix, 2622 Segrest, remarked that several weeks ago he requested the records relative to the CDBG grant for the Boys Club but he has not yet received them. City Manager Garza informed Mr. Hix that he is welcome to look at the records, stating that they are all subject to the Open Records Act. Mayor Pro Tem Rhodes recognized Mr. John Longoria, Executive Director of the Boys Club, who expressed appreciation to the Council for their support. Ms. Carlene Gunter made indistinguishable comments which were not relative to this item. A motion was made by Council Member Schwing to approve Item 7; seconded by Council Member Guerrero and passed unanimously; Turner and Moss absent. 7. M91-065 Motion authorizing the City Manager to execute an agreement with the Boys and Girls Club of Corpus Christi which provides $146,000 from the 16th Year (1990) CDBG Program for improvements to the facility at 3902 Greenwood. City will receive bids and supervise construction. x s s x• s s s s: s t s Mayor Pro Tem Rhodes called for consideration of Item 8, extension of franchise with Southwestern Bell. Minutes Regular Council Meeting April 2, 1991 Page 8 City Manager Garza furnished background information and presented a general overview of the franchise agreement extension with Southwestern Bell. He stated that it does not change any of the current provisions. Mr. Garza emphasized that staff will continue to work with Southwestern Bell, stating that they are developing an entirely new franchise agreement which they would like to see adopted throughout the state. Council Member McComb expressed concern because the two franchise agreements were adopted by ordinance and representatives of the phone company were present during the three readings of the ordinances and offered no negative comments. Discussion ensued and Council Member McComb made a motion to adopt the ordinance with a ninety -day resolution for a five-year contract. The motion was seconded by Council Member Hunt. Mr. Garza responded to various questions posed by the Council and recommended that the Council adopt the agreement and present the motion separately. The motion and second were then withdrawn. Council Members Martin and Guerrero expressed concern, stating that a committee of the Council negotiated the five-year agreement with representatives of Southwestern Bell, and individuals should honor contracts when they develop them. Both Council Members agreed that if the matter is not resolved in ninety days, the City should be prepared to go to court. Interim City Attorney Bray stated that the two franchise agreements which the City approved specifically reserved the City's rights to make its claims for back payments. He indicated that it is one of the details that Southwestern Bell has objected to in approving the five-year contract. Mr. Jesse Hix, 2622 Segrest, stated that he previously had expressed opposition to the franchise fee. He inquired if the $355,000 would be put in the General Fund or go to the Convention and Visitors Bureau, and Mr. Garza responded that it would be put in the General Fund. Mr. Ron Maples, Southwestern Bell, provided background information and summarized various issues leading up to the present agreement. He indicated that SWB is pursuing this matter with all sincerity and that the extension of the contract does not change anything. He apologized that Southwestern Bell did not agree to the five- year contract, stating that it contained some long-term implications that they did not anticipate. He implied that the new approach will have tremendous benefits for the City. Minutes Regular Council Meeting April 2, 1991 Page 9 City Secretary Chapa polled the Council for their votes and the following ordinance was passed: 8. FIRST READING WHEREBY THE CITY OF CORPUS CHRISTI, TEXAS, AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE TO EXTEND THE TERM OF ORDINANCE NO. 20882 PASSED ON THE 6TH DAY OF MARCH, 1990. The foregoing ordinance passed on first reading by the following vote: Rhodes, Galindo, Guerrero, Hunt, Martin, McComb and Schwing voting, "Aye"; Turner and Moss absent. Council Member McComb moved to instruct the City Manager to bring back a ratification of the agreement within ninety days for a five-year contract. The motion was seconded by Council Member Galindo and passed unanimously; Turner and Moss absent. Because of the moratorium before an election, the charter requires that the Council have a two-thirds majority vote to call for a public hearing; therefore, a motion was made by Council Member Guerrero to hold the following public hearing; seconded by Council Member McComb and passed unanimously; Turner and Moss absent. Mayor Pro Tem Rhodes announced the public hearing on closing and abandoning a 20 -foot wide north/south alley from Bridgeport Avenue to Coastal Avenue in Block 87, Brooklyn Addition, subject to the applicant paying fair market value of $22,500; relocating public and franchised utilities or dedication of a utility easement; and replatting the property within 180 days. Carl Crull, Engineering Services Director, provided background information in regard to plans for the property to construct the Texas Riviera Grand Prix Go -Cart Track and Arcade. He stated that the owner, Aqua Park, Inc., is working with a critical construction time schedule, and staff recommends that this closure be approved by an emergency ordinance. There was no opposition from the audience to the closure and abandonment. Council Member Guerrero moved to close the public hearing; seconded by Council Member Galindo and passed unanimously; Turner and Moss absent. Minutes Regular Council Meeting April 2, 1991 Page 10 City Secretary Chapa polled the Council for their votes and the following ordinance was passed: 9. ORDINANCE NO. 021126 CLOSING AND ABANDONING A 20 -FOOT WIDE NORTH/SOUTH ALLEY FROM BRIDGEPORT AVENUE TO COASTAL AVENUE IN BLOCK 87, BROOKLYN ADDITION, SUBJECT TO THE APPLICANT PAYING FAIR MARKET VALUE OF $22,500; RELOCATING PUBLIC AND FRANCHISED UTILITIES OR DEDICATION OF A UTILITY EASEMENT; AND REPLATTING THE PROPERTY WITHIN 180 DAYS; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Guerrero, Hunt, Martin, McComb and Schwing voting, "Aye"; Turner and Moss absent. Y f t t f f Y# i Y#• t Mayor Pro Tem Rhodes called for a motion to remove Case No. 291-1 from the table. Council Member Guerrero moved to withdraw Case No. 291-1 from the table; seconded by Council Member Galindo and passed unanimously; Turner and Moss absent. 10. Case No. 291-1, Diamond Shamrock Refining and Marketing Company: A change of zoning from "B-1" Neighborhood Business District with an "SP" Special Permit to "B-4" General Business District on Lots 2, 4, 6, 8, 10, and 12, Block 74, Brooklyn Addition, located on the east side of East Causeway Boulevard between Beach and Reef Avenues. Mayor Pro Tem Rhodes stated that the Planning Commission and staff recommend denial of "B-4" General Business District, and in lieu thereof, recommend approval of a special permit for three freestanding signs subject to the landscape plan and two conditions. She noted that the Council originally heard this application on March 12, 1991 and tabled action to allow the applicant and staff time to work out an acceptable landscaping plan. The applicant signified that he is in agreement with the recommendation. City Secretary Chapa polled the Council for their votes and the following ordinance was passed: ORDINANCE NO. 021127 Minutes Regular Council Meeting April 2, 1991 Page 11 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF DIAMOND SHAMROCK REFINING AND MARKETING COMPANY BY GRANTING A SPECIAL COUNCIL PERMIT FOR THREE FREESTANDING SIGNS ON LOTS 2, 4, 6, 8, 10, AND 12, BLOCK 74, BROOKLYN ADDITION, LOCATED ON THE EAST SIDE OF EAST CAUSEWAY BOULEVARD BETWEEN BEACH AND REEF AVENUE; AND DECLARING AN EMERGENCY. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Guerrero, Hunt, Martin, McComb and Schwing voting, "Aye"; Turner and Moss absent. s s s a a• a• s s x Mayor Pro Tem Rhodes called for the discussion and possible action with respect to legislation which is pending or may be proposed at the 72nd Texas Legislature. City Manager Garza commented on House Bill 862 and SB 785 which relate to the disposition of abandoned or unclaimed property, gambling paraphernalia, prohibited weapons, criminal instrument, and other contraband, and House Bill 1841 modifying the Texas Open Records Act to allow for collection of a portion of the "creation costs" associated with public records. City Secretary Chapa polled the Council and the following resolutions were passed: lla. RESOLUTION NO. 021128 SUPPORTING PASSAGE OF SENATE BILL 785 AND HOUSE BILL 862 RELATING TO THE DISPOSITION OF UNCLAIMED AND ABANDONED PROPERTY, GAMBLING PARAPHERNALIA, PROHIBITED WEAPONS, CRIMINAL INSTRUMENT, AND OTHER CONTRABAND. The foregoing resolution passed by the following vote: Rhodes, Galindo, Guerrero, Hunt, Martin, McComb and Schwing voting, "Aye"; Turner and Moss absent. RESOLUTION NO. 021129 SUPPORTING HOUSE BILL 1841 MODIFYING THE TEXAS OPEN RECORDS ACT TO ALLOW FOR COLLECTION OF A PORTION OF THE "CREATION COSTS" ASSOCIATED WITH PUBLIC RECORDS. Minutes Regular Council Meeting April 2, 1991 Page 12 The foregoing resolution passed by the following vote: Rhodes, Galindo, Guerrero, Hunt, Martin, McComb and Schwing voting, "Aye"; Turner and Moss absent. * * * * * * * * * * * * * City Manager Garza discussed a resolution supporting passage of Senate Bill 226 and House Bill 540 establishing a law school at Texas A&I University, noting that the Council originally supported the resolution for merger of the university system of South Texas with the Texas A&M system, expansion of CCSU, and creation of a law school at Texas A&I. He requested the Council to reiterate their support of the law school. City Secretary Chapa polled the Council for their votes and the following resolution was passed: llc. RESOLUTION NO. 021130 SUPPORTING PASSAGE OF SENATE BILL 226 AND HOUSE BILL 540 ESTABLISHING A LAW SCHOOL AT TEXAS A&I UNIVERSITY. The foregoing resolution passed by the following vote: Rhodes, Galindo, Guerrero, Martin, McComb and Schwing voting, "Aye"; Hunt voting, "No"; Turner and Moss absent. * * * * * * * * * * * * * Mayor Pro Tem Rhodes called for the City Manager's report. City Manager Garza informed the Council of the Coppini sculpture dedication on Sunday, April 14th. Mayor Pro Tem Rhodes called for Council concerns. Council Member Hunt expressed concern in regard to the lighting in the 400 block of Glenmore, and City Manager Garza stated that he will check into the matter. Council Member McComb inquired about the remodeling work which was abandoned in the Quadrangle Building, and City Manager Garza stated that he will check into the situation. Mr. McComb commented on the Texas Municipal League update regarding legislation. Minutes Regular Council Meeting April 2, 1991 Page 13 Mr. McComb inquired about the rule in terms of consumption of alcoholic beverages in the public right-of-way, and Interim City Attorney Bray stated that the City is preempted by State law from imposing any regulation in that instance, stating that an individual would have to be publicly intoxicated before they can be arrested. There being no further business to come before the Council, Mayor Pro Tem Rhodes declared the Council Meeting adjourned at 4:12 p.m. on Tuesday, April 2, 1991. • s s s: e s s: s a r a 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 2, 1991, which were approved by the City Council on April 9, 1991. WITNESSETH MY HAND AND SEAL, this the 26th day of April, 1991. Armando Chapa City Secretary