HomeMy WebLinkAboutMinutes City Council - 12/17/1987PRESENT
Mayor Betty Turner
Mayor Pro Tem Rhodes
Council Members:
David Berlanga, Sr.
Leo Guerrero
Clif Moss
Bill Pruet
Linda Strong
Absent
Mary Pat Slavik
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
DECEMBER 17, 1987
2:00 p.m.
City Manager Craig McDowell
City Attorney Hal George
City Secretary Armando Chapa
U
Mayor Betty Turner called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by Reverend Milton Muehlberger of the Abiding
Savior Lutheran Church following which the Pledge of Allegiance to the Flag of
the United States was led by Council Member Guerrero.
A motion was made by Council Member Pruet to excuse Council Member Slavik
from the meeting because of her attendance at the NLC Conference in Las Vegas.
The motion was seconded by Council Member Berlanga and passed unanimously.
A motion was made by Council Member Guerrero that the Minutes of the
Regular Council Meeting of December 8, 1987 be approved as presented; seconded
by Mayor Pro Tem Rhodes and passed unanimously.
* * * * * * * * * * * * *
Mr. Arnold Gonzales, Deputy Land Commissioner, gave a brief presentation on
the Veterans Housing Assistance Improvement Program and asked for help in
informing City employees and all Corpus Christians. He stated that the Housing
Assistance Program is an exciting program and there is approximately $93 Million
available. He further stated that it is a program that not only helps veterans,
but others as well. Mr. Gonzales introduced Mr. Jack Reed, Director of the
Program, who presented the Council with an Economic Impact Analysis of the
Veterans Loan Programs and introduced other members affiliated with the program.
MICROFILMED
inutes
Regular Council Meeting
December 17, 1987
Page 2
Ms. Ruth Einkauf, Chairman of the Bingo Game, representing the Benevolent
Patriotic Order of Does #46 presented two $500 donations to Ms. Barbara Lamb,
C.T.R.S., Supervisor, for her Adaptive Programs in the Park and Recreation
Department. Ms Lamb informed the Council of a fishing for trout program for
the physically disabled on Saturday, February 20, at Lakeview Park.
Ms. Cindi Holmes, representative of the Botanical Society, informed the
Council of a press conference to be held on Wednesday, December 18, at 10:00
a.m. at the Kings Crossing Country Club.
* * * * * * * * * * * * *
Mayor Turner administered the Oaths of Office to the following appointees:
Peggy Clark - Landmark Commission; M. Don Surratt & E. S. Pennebaker - Library
Board; and Elva Alba - Senior Community Services.
* * * * * * * * * * * * *
Mayor Turner referred to the Board and Committee Appointments. The
following appointments were made by the Council:
Regional Transit Authority
Mayor Betty Turner
Mayor Pro Tem Mary Rhodes
Council Member Leo Guerrero
Council Member Clif Moss
Council Member Mary Pat Slavik
Mayor Turner stated she would like to appoint Council Member Berlanga to
the Homeport Steering Committee. A motion was made by Council Member Pruet
confirming that appointment; seconded by Council Member Guerrero and passed
unanimously.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Motions 1 thru 6, noting
that Motions 4 and 5 will be withheld for discussion.
There were no comments from the audience on Items 1, 2, 3 and 6.
A motion was made by Council Member Guerrero to approve Motions 1, 2, 3 and
6; seconded by Council Member Pruet and passed unanimously.
1. M87-0394
Approving a supply agreement for general use automotive filters to
Southside Auto based on low bid. Estimated annual expenditure is $35,000.
The term of this agreement will be twelve months with option to extend for
iinutes
Regular Council Meeting
December 17, 1987
Page 3
an additional twelve months subject to the approval of the Supplier and the
City Manager or his designee. These filters will be used by the
Maintenance Services Department.
2. M87-0395
Approving a supply agreement for approximately 148,000 feet of steel pipe
size 1" through 16" to Pipe Exchange International based on low bid and
best bid of $429,900. The term of the agreement will be twelve months with
option to extend for an additional twelve months subject to the approval of
the supplier and the City Manager or his designee. This pipe will be used
by the Gas Division.
3. M87-0396
Approving the purchase of twenty-five sedans, station wagons, and mini -vans
to Creveling Motors based on low bid for the total amount of $219,558.10.
Funds were approved in the 1987-88 budget.
4. M87-0397
Authorizing the City Manager or his designee to submit a waiver request on
the 15% limitation on the Essential Services allocation for the Emergency
Shelter Grant Program and authorizing the entering into of contracts with
various community organizations for the provision of services.
5. Withdrawn - (See Page 5)
Amending, prior to third reading, the ordinance pertaining to Chapter 12,
Boats, Bays, and Waterways, of the City Code to incorporate the changes
suggested by the City Council during the Regular Council Meeting of
December 8, 1987.
6. M87-0398
Approval of an extension of the lease with Norman M. Pinson and M.
Catherine Pinson for the Weber Building.
In answer to a question from Mayor Pro Tem Rhodes on Item No. 4 concerning
the Emergency Shelter Grant Program: Proposed Funding and Waiver Request on
Essential Services, Assistant City Manager Elizondo stated that the City did
have a good chance to get the waiver, and the type of request that the City
received required a waiver request because most of the requests were in the soft
service and not in the building type.
There were no comments from the audience on Item No. 4.
Minutes
Regular Council Meeting
December 17, 1987
Page 4
A motion was made by Council Member Guerrero to approve Item No. 4;
seconded by Council Member Pruet and passed unanimously by those present and
voting; Strong absent at the time the vote was taken.
In reference to Item No. 5 concerning the Proposed Ordinance Amending
Regulations for Sale of Shrimp in the Marina, Mr. Ed Bare, owner of a shrimp
boat, spoke in opposition to the proposed ordinance. He stated that the City's
ordinance should abide by the state law.
Mr. Paul Lara, 3810 Holly, a shrimper, also spoke in opposition to the
proposed ordinance. He presented information to the Council and asked the
Council not to pass Items 3, 4, 5 and 6 under Paragraph D of the proposed
ordinance. He explained what a residential and general commercial license is
and that it allows the shrimpers to sell, barter or exchange their catch.
City Manager McDowell presented the Council with a letter from Mr. Frank
Dickerson, Regional Law Enforcement Director of the Texas Parks and Wildlife
Department, along with a copy of the state statute, and Mr. McDowell stated that
the state law requires sale of shrimp off the boat the catch was caught on.
City Attorney Hal George stated that because a shrimper has a license from
the people who regulate the fishing industry does not mean the City cannot enact
reasonable regulations stating how that business is conducted in the marina. He
also stated that the City's ordinance is not in violation, and that the City
cannot give them a City license to do something that the State law forbids.
Ms. Angie Bodukagulu, 1426 Buenos Aires, spoke in opposition to the
proposed ordinance and stated that the shimpers are asking for the City's
protection and understanding and that the ordinance will hinder many.
Ms. Jane Stubbs, 4334 Ocean Drive, spoke in opposition to the proposed
ordinance and stated that they have a City permit that they paid $200 for, and
if they cannot sell, their money should be refunded. She stated she is a
licensed commercial fisherman and she may sell her daily catch and that she has
more than one boat. She stated that some boats are bought solely for the
purpose of selling, and the inoperable boat stays to sell while the working boat
shrimps. She stated that $200 permits were granted with the understanding that
they could sell off their boats.
Discussion followed and Mr. McDowell stated that the State law recently
changed to preclude the sale off the back of the boats, and the City is trying
to find a middle ground to allow the shrimpers to operate and still try to meet
the conditions of the State law.
Mr. Reuben Lara, 4225 Adkins, spoke in opposition to the ordinance and
referred to various sections of the proposed ordinance he is opposed to and
recommended various changes.
inutes
Regular Council Meeting
December 17, 1987
Page 5
After more discussion, Council Member Pruet stated it is not appropriate to
renegotiate the contract during the Council Meeting. He made a motion to table
this item for one week so that it can be worked out between the Staff and the
shrimpers. The motion was seconded by Council Member Berlanga and passed by the
following vote: Berlanga, Guerrero, Moss and Pruet voting, "Aye"; Turner,
Rhodes and Strong voting, "No."
Council Member Strong stated that the Council is aware of the shrimpers'
concerns and will change what they can that is fair and not against the State
law. She suggested that it would be appropriate to have someone from the Texas
Parks and Wildlife Department speak at the next Council Meeting in reference to
this matter.
Mayor Turner recessed the Council Meeting at 3:00 p.m. to conduct the JTPA
Executive Committee Meeting.
Mayor Turner reconvened the Council Meeting at 3:50 p.m.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Resolutions, Ordinances
and Ordinances from previous meetings, noting that Item 13 has been withdrawn,
and the City Manager requested that Item No. 11 be delayed for one week.
In reference to Item No. 14 pertaining to the Library Advisory Board
Ordinance, a motion was made by Mayor Pro Tem Rhodes to amend Paragraph 3 of the
Ordinance with new wording recommended by the Library Board; the motion was
seconded by Council Member Moss and passed unanimously.
There were no comments from the audience on the above items.
City Secretary Chapa polled the Council for their votes and the following
were passed:
7. RESOLUTION NO. 20110
AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO THE ENGINEERING SERVICES
CONTRACT WITH SMITH & RUSSO, INC. FOR THE AYERS STREET IMPROVEMENTS FROM
SANTA FE TO NORTON WHICH PROVIDES FOR ADDITIONAL DESIGN WORK FOR WATERLINE
REPLACEMENT WITHIN THE PROJECT AREA; AND APPROPRIATING $3,600.
The foregoing Resolution passed by the following vote: Turner, Rhodes,
Berlanga, Guerrero, Moss, Pruet and Strong voting, "Aye"; Slavik absent.
8. RESOLUTION NO. 20111
APPROPRIATING $20,935.11 FROM THE WATER BOND FUND PROJECT NO.
205-87-44-003-03 AND AUTHORIZING PAYMENT TO COASTAL STATES CRUDE GATHERING
COMPANY FOR THE CITY'S SHARE OF DESIGN SERVICES RELATED TO THE AVERY POINT
UTILITY RELOCATION PROJECT.
_nutes
,regular Council Meeting
December 17, 1987
Page 6
The foregoing Resolution
Berlanga, Guerrero, Moss,
9. RESOLUTION NO. 20112
AUTHORIZING THE EXECUTION
PARCEL 11 IN CONNECTION
APPROPRIATING $4,018.
The foregoing Resolution
Berlanga, Guerrero, Moss,
10. RESOLUTION NO.20113
passed by the following vote: Turner, Rhodes,
Pruet and Strong voting, "Aye"; Slavik absent.
OF THE DOCUMENTS
WITH THE MARY
passed by the
Pruet and Strong
NECESSARY FOR THE ACQUISITION OF
CARROLL CHANNEL WIDENING; AND
following vote: Turner, Rhodes,
voting, "Aye"; Slavik absent.
AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE TEXAS WATER COMMISSION
TO AMEND THE CHOKE CANYON WATER RIGHTS.
The foregoing Resolution passed by the following vote: Turner, Rhodes,
Berlanga, Guerrero, Moss, Pruet and Strong voting, "Aye"; Slavik absent.
11. (Withdrawn)
AMENR3NG--1BD•1#f .1W,E--Nagy-1,4634r-.RAE£FB--FNOV 4BPsiH-a--39-787-40-Au-TI4OM z€. -THE
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12. RESOLUTION NO. 20114
APPROPRIATING $35,500 FROM THE WATER SYSTEM BOND FUND AND $35,500 FROM THE
SANITARY SEWER BOND FUND FOR PAYMENT OF ENGINEERING SERVICES RELATED TO THE
RELOCATION OF UTILITY LINES UNDER THE CORPUS CHRISTI SHIP CHANNEL.
The foregoing Resolution passed by the following vote: Turner, Rhodes,
Berlanga, Guerrero, Moss, Pruet and Strong voting, "Aye"; Slavik absent.
13. Withdrawn
AMENDING-TNE-C-14W-FADES- C464B-TBB-44 ,- T rr `FS-AND-WATBAWAYST-BY-DEbET3NG
GEG3ION-3-2-47-s-4'EBI4W-S-REQ83RER-SOB—GOWEBGFAb- C44V4T5/;- TWkA414g4{A&r-3N
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GEUERANSE;-AND-PROV3RING-FOR-PUBEIGA34ONr
Minutes
Regular Council Meeting
December 17, 1987
Page 7
14. ORDINANCE NO. 20115
AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, SECTIONS 2-75, 2-76, AND
2-77 REGARDING THE LIBRARY ADVISORY BOARD; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
The foregoing Ordinance was passed on third reading by the following vote:
Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, and Strong voting, "Aye";
Slavik absent.
15. ORDINANCE NO. 202116
AMENDING THE PLATTING ORDINANCE, SECTION IV, DESIGN STANDARDS, SUBSECTION
A, STREETS, BY ADDING PRIVATE STREETS TO BE DESIGNATED AS SUBSECTION A.19;
AND PROVIDING FOR SEVERANCE.
The foregoing Ordinance was passed on third reading by the following vote:
Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet and Strong voting, "Aye";
Slavik absent.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Item No. 16 pertaining to the
Annexation Ordinance.
Mayor Pro Tem Rhodes inquired why the City has to have this property
annexed and why they need this particular piece of property annexed if the City
can build a bus turnaround someplace else, and City Manager McDowell stated
because the City signed a contract where the previous Council authorized a
contract between the City and Padre Island Ltd. that called for a bus turnaround
to be placed there. He stated that it is a contract with Lake Padre relative to
Whitecap Boulevard that requires the City to pursue the annexation of this 18
acres for the construction of a bus turnaround.
In answer to another question from Mayor Pro Tem Rhodes inquiring if
parking is part of the contract with Lake Padre, Mr. McDowell replied it is part
of the understanding of the lease with the State Land Office, and it is a part
of the overall Master Plan approved by the previous Council for that area.
In answer to a question from Mayor Pro Tem Rhodes concerning if the Council
is bound by this contract, City Attorney George stated it is an executed
contract; terms and provisions are enforceable by the other party; they are
bound by the terms; and in this case it is not an appropriation of money.
.inutes
Regular Council Meeting
December 17, 1987
Page 8
In answer to another question from Mrs. Rhodes concerning the benefit to
the public, Mr. McDowell stated that the public will have beach access, bus
turnaround, parking in that area, relocation of Whitecap, and less destruction
of the wetlands. He stated that the contract did require the City to pursue the
lease of the land, and it does not specify what it is for. Mr. McDowell
presented a letter to the Council from Mr. Spencer Reid of the Texas General
Land Office.
Council Member Strong gave a brief explanation of what has happened during
the last two years before this Council took office leading up to the contract
with Lake Padre which was required because they own the private property. She
stated it was a progressive situation that came out of a need to provide better
access to the beach.
Mr. McDowell stated that there was a concern expressed by the Council to
provide access to the beach in the City's negotiations with Lake Padre to
acquire the right-of-way. Mr. McDowell quoted Paragraph 16 on Page 5 of the
agreement with Lake Padre.
In answer to a question from Council Member Guerrero, Mr. McDowell stated
that the voters approved $750,000 to redo Whitecap Boulevard; the developer is
also putting in a substantial amount; and the City is putting in $750,000 plus
the money from the RTA for the bus turnarounds.
After more discussion, Assistant City Manager Tom Utter stated that beach
access has always been something that everyone has been in favor of; the City
has an excellent opportunity to provide mass transit to the beaches; and the
only way to do this is to have a facility on the beach for access by buses. He
stated that this turnaround is at the end of Whitecap and displayed the area on
the map.
In answer to a question from Mayor Pro Tem Rhodes regarding the 18 acres,
Mr. McDowell referred to Items A, B, C, D and E under Paragraph 16 of the
agreement with Lake Padre and noted that it is related to the 18 acres. In
answer to another question from Mrs. Rhodes concerning why this has to be done
before the end of the year, Mr. McDowell referred to Page 2 of the lease with
the State Land Office and stated that this lease is expressly conditioned upon
Lessee annexing the land described (the premises) within its corporate
boundaries before December 31, 1987 or the lease is void.
Mrs. Rhodes requested that someone from the State land office speak at the
Council Meeting before the third reading.
City Attorney George pointed out that what matters is a signed contract,
and that the City has a contract signed by Gary Mauro and signed by the City
as authorized by the Council. He noted that this process started a long time
ago.
In answer to a question from Mayor Pro Tem Rhodes concerning the
possibility of the voters overturning the annexation, Mr. George stated that
Ainutes
Regular Council Meeting
December 17, 1987
Page 9
this is an annexation of public land which is not bound by that provision of the
charter which provides for a referendum for the annexation. He stated that the
voters in the last charter amendment approved allowing the City to annex private
property by ordinance, with a provision for a petition for an election, and that
this is public land and not bound by that referendum provision.
Ms. Pat Suter, 1002 Chamberlain, representing a coalition of local
environmental groups, spoke in opposition to the annexation. She stated that
this could be the first step towards a private strip of beach in front of the
condominiums that line the seawall and that this is just an opening wedge to
restrict vehicle access in front of the seawall. She referred to the lease
agreement with the State and stated that the coalition is concerned about
Paragraph 8 of the lease.
Mr. J. E. O'Brien, 4130 Pompano,
stated that at the public hearing on
in favor of annexing. He reminded
election, the voters turned down the
thought a vote should be held on this
spoke in opposition to the annexation and
December 17, he did not recall one person
the Council that in the August, 1986,
proposal to annex, and he stated that he
area.
City Secretary Chapa polled the Council for
Ordinance was passed:
16. FIRST READING
their votes and the following
ANNEXING A 17.95 ACRE TRACT OF LAND OUT OF A PORTION OF PADRE ISLAND.
The foregoing Ordinance was passed on first reading by the following vote:
Rhodes, Berlanga, Moss, Pruet and Strong voting, "Aye"; Turner abstaining;
Guerrero voting, "No"; Slavik absent.
* * * * * * * * * * * * *
City Manager McDowell presented the Council with a memo and articles
pertaining to the Early Retirement Program. He stated that bonuses paid to
employees in the City's early retirement program will cost the City $731,238 in
the current fiscal year; employees who took advantage of the program would
receive payment for up to an additional 90 days of accumulated sick leave over
and above the basic vacation and sick leave payouts; and that 45 employees
retired under this program. Mr. McDowell continued by stating that under normal
circumstances, retiring employees are paid for all accumulated vacation time,
plus up to 90 days of unused sick leave. He stated that for those 45 employees
who retired, this amounted to $568,096 in vacation and $524,718 in sick leave
payments, for a total of $1,092,814.
Mr. McDowell further stated that the additional sick leave payments
authorized under the provisions of Ordinance 19942 cost $453,464; this
represents the only new benefit provided beyond those historically offered in
the City's Compensation Plan; special leave amounted to $277,774 and was
utilized where it was deemed in the City's best interest to further our
finutes
Regular Council Meeting
December 17, 1987
Page 10
management and budget objectives; and that the total of those two items is
$731,238. Mr. McDowell stated that the Staff has undertaken a study to see what
other cities are doing and that after the first of the year the Staff will
present a report to the Council with some recommendations on some amendments to
the current compensation plan.
In answer to a question from Mayor Pro Tem Rhodes about where the money
will come from, City Manager McDowell stated that all funds regarding the early
retirement will come out of the operating budget; a portion of it will come from
the remaining salaries that were budgeted for the individuals and the benefits
will be utilized. He stated that he has asked the department heads to cover the
costs within their budgets.
In answer to a question from Mayor Pro Tem Rhodes, Mr. McDowell stated that
he thought in the total budget the City will be able to handle this and still be
able to perform.
Mayor Turner stated that she thought it is imperative to take a look at the
City's current policy that allows employees to be paid for specified
accumulations of vacation and sick leave time.
Council Member Pruet noted that the early retirement plan was implemented
because of a request from the Council and stated that there has to to be added
incentives or there would not be an early retirement. Mr. Pruet pointed out
that a large share of the retirement program has already been recouped.
Mayor Turner informed the Council that there will be a press conference on
Tuesday, December 22, at the Sandy Shores Hotel regarding an official
announcement pertaining to the Sports Festival.
Mayor Turner noted that the deadline for receiving applications for the
District 1 Council Member has passed and inquired about receiving more
applications and when the interviewing process should begin and it was the
consensus of the Council that no more applications be allowed and that the
Tuesday following the 29th of December should begin the interviewing process.
It was also the consensus of the Council that at next Tuesday's Council Meeting
December 22, recommendations on the procedures will be discussed.
Council Member Guerrero inquired about an individual who inquired about a
permit for transporting elderly people to the hospital, and City Manager
McDowell stated that he thought it would be similar to a taxi; they would have
to meet the requirements and follow the usual procedure. He stated that he
would check it out and provide Mr. Guerrero with the correct procedure so that
he could inform the individual.
* * * * * * * * * * * * *
Mayor Turner called for petitions or information from the audience on items
not listed on the agenda.
iinutes
Regular Council Meeting
December 17, 1987
Page 11
Mr. Philip Rosenstein, 949 Bobalo, stated that No. 6 of the Rules of
Decorum is a prior restraint on the first amendment right of freedom of speech
and expression at public meetings. He stated that if this rule is enforced, it
will be a violation of the right of free speech and expression as guaranteed in
the U.S. and Texas State Constitution. Mr. Rosenstein stated that Rule 1/6 of
the Rules of Decorum is unconstitutional and a violation of his civil rights.
He stated that he will continue to come to the Council Meeting and exercise his
rights.
At 4:50 p.m. the Council went into closed session pursuant to Article
6252-17 of V.A.C.S. to discuss litigation in the Frank Mendez case.
After the closed session, there being no further business to come before
the Council, on motion by Mayor Pro Tem Rhodes, seconded by Council Member
Guerrero and passed unanimously, the meeting was adjourned at 5:25 p.m.
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 December
17, 1987, which were approved by the City Council on December 22, 1987.
WITNESSETH MY HAND AND SEAL, this the f day of t -P -A
L-
Armando Chapa, City Secretary
City of Corpus Christi