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HomeMy WebLinkAboutMinutes City Council - 12/22/1987PRESENT Mayor Betty Turner Mayor Pro Tem Rhodes Council Members: David Berlanga, Sr. Leo Guerrero * Clif Moss Bill Pruet * Mary Pat Slavik Linda Strong MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING DECEMBER 22, 1987 9:00 a.m. • City Manager Craig McDowell City Attorney Hal George City Secretary Armando Chapa Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation and Pledge of Allegiance to the Flag of the United States were given by Council Member Berlanga. A motion was made by Council Member Moss that the Minutes of the Regular Council Meeting of December 17, 1987 and Special Council Meetings of November 24, 1987 be approved as presented; seconded by Council Member Berlanga and passed by those present and voting; Guerrero and Pruet absent at the time the vote was taken. * Council Members Guerrero and Pruet arrived at 9:05 a.m. Mayor Turner recognized Mr. Jack L. Marschand, Sr. and expressed appreciation to Mr. Marschand for his $1 million gift to the Botanical Gardens. She read a Proclamation proclaiming Tuesday, December 22, 1987 as Jack L. Marschand, Sr. Day. Mr. Marschand expressed appreciation for the proclamation and stated that he hopes the Botanical Gardens are a great success. Ms. Sue Gardner, Executive Director of the Botanical Gardens, also expressed appreciation to Mr. Marschand. Council Member Berlanga stated that because Council Member Strong had expressed some concerns regarding the Heart of Corpus Christi, Inc., he has invited two members of the organization to give a status report on this project. Mr. Berlanga introduced Mr. 0. K. Smith, Interim Director of the Heart of Corpus Christi, Inc., who gave a brief overview of the progress of the MICROFILMED ntnutes Regular Council Meeting December 22, 1987 Page 2 organization and its current status. Mr. Smith introduced Ms. Shelia Senterfitt who is on the Executive Committee of the Heart of Corpus Christi, Inc. Ms. Shelia Senterfitt, 6722 Sahara, presented the Council with an approved budget for the Heart of Corpus Christi, Inc. and a Financial Report of the organization as of November 30, 1987. Ms. Senterfitt presented a verbal Financial Report as of December, 1987. She stated that to date they have received in commitment from the private sector $61,700 with $10,000 of that being in—kind services in accounting and legal fees. Council Member Strong expressed appreciation to Mr. Smith and Ms. Senterfitt for being at the Council Meeting and stated that a full disclosure is extremely important because people question what they don't understand and don't know. In answer to a question from Council Member Strong, City Manager McDowell stated that the City's contract called for contemplating a match; the City advanced them $40,000 to get them started with the understanding that they would match that and would not be entitled to any further distributions until they were able to produce the balance of the funds. In answer to a question from Council Member Strong about a permanent executive director, Mr. Smith stated that he has received a memorandum from Mr. Nick Reyna, Search Committee Chairman, who stated that 197 applicants have applied; at the present time it is narrowed down to 13 candidates; and it is estimated that the final selection will be made by January 15. Mr. Smith answered questions from Council Members and stated that the salary for the executive officer will be in a range from $40,000 to $55,000 depending upon the qualifications and negotiations, and that the money for the additional staff is already budgeted for in the budget. * * * * * * * * * * * * * Mayor Turner administered the Oaths of Office to the following appointees: Kealia Didear and Dorothy McCoy — Library Board. * * * * * * * * * * * * * Mayor Turner opened the paving assessment hearing for the McNorton Area Street Improvements. City Attorney George conducted the formal portion of the hearing. He called as his first witness, Mr. Victor Medina, Engineering Director. Through questioning of the witness, Mr. George determined that Mr. Medina is a Registered Engineer in the State of Texas; he is a City engineer for the City of Corpus Christi; he has a degree in Civil Engineering; and he is familiar with the project. i Minutes Regular Council Meeting December 22, 1987 Page 3 Mr. Medina explained the project to the Council and located the area on the map. He stated that improvements will be made to the following streets: McNorton Road, from Rand Morgan Road to Clarkwood Road; Caroline Road, from McNorton Road to Clarkwood Road; Marshall Road, from McNorton Road to Caroline Road; and Blanco Road, from McNorton Road to Dead End. He stated that the total bid price was $1,076,854.55; Haas Paving Company, Inc. was the low bidder; the project will take 180 working days; and it was initiated by a voluntary paving petition. In answer to a question from Council Member Berlanga regarding drainage, Mr. Medina gave a brief explanation about the drainage and explained that area is drained towards Highway 44 and will go south towards Clarkwood Road. City Attorney George called as his next witness, Mr. George Paraskevas. Through questioning of the witness, Mr. George determined that Mr. Paraskevas is a certified appraiser licensed in the State of Texas; he is a certified real estate broker; he has been practicing real estate and appraising property for about 15 years; he is familiar with the project; and he has examined the assessment roll and each parcel. He stated that, in his opinion, the improvements would enhance the value of the properties involved at least in the amount of the assessments. There were no objections from the audience. Council Member Pruet inquired if the City is following up with the Tax Appraisal District to ensure that properties are re-evaluated, at least to the dollar amount of these assessments, and Mr. Medina stated that to his knowledge this has not been done but that they will begin doing that. A motion was made by Council Member Strong to close the public hearing; seconded by Council Member Slavik and passed unanimously by those present and voting; Guerrero absent at the time the vote was taken. City Secretary Chapa informed the Council that the Ordinance will be forthcoming within the next two weeks. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions 1 thru 9, noting that Items 2, 3, 7, 8, and 9 will be withheld for discussion. There were no comments from the audience on Items 1, 4, 5 and 6. A motion was made by Council Member Strong to approve Motions 1, 4, 5 and 6; seconded by Council Member Guerrero and passed unanimously. • Minutes Regular Council Meeting December 22, 1987 Page 4 1. M87-0399 Approving a supply agreement for galvanized and black pipe fittings to Evans Supply Company based on the low bid of $15,966.01. The term of this 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. These fittings will be stocked by the Warehouse and will be used by the Gas and Water Divisions. 2. M87-0400 Scheduling a public hearing for January 5, 1988, on the closure of various streets and alleys on the north end of Corpus Christi Beach in connection with the proposed construction of a water theme park. 3. M87-0401 Approving plans and specifications and authorizing receipt of bids on January 19, 1988, for the extension of a 12" diameter waterline along Yorktown Boulevard from Cimmaron Boulevard to West Logan Avenue. 4. M87-0402 Approving plans and specifications and authorizing receipt of bids on February 3, 1988, for the construction of a raw water reservoir and settling basins at the O. N. Stevens Water Treatment Plant. 5. M87-0403 Awarding a contract in the amount of $23,560.02 to Fencing Inc. of Texas, based on low bid, for the installation of a 7 -foot high security fence along the Sacky Drive and Richter Street frontages of the City Service Center property. 6. M87-0404 Accepting the Gabe Lozano, Sr. Golf Cart Charging Facility project, and authorizing final payment of $11,354 to Dickson Builders, Inc. 7. M87-0405 Authorizing acquisition of a parcel of land located at West Broadway and Cabra Streets at a cost of $15,750 for the Cabra Open Space Project. 8. M87-0406 Authorizing contracts to install the necessary computer and telephone wiring and an uninterruptable power supply for the telephone switch at the new City Hall to the following vendors: • • Minutes Regular Council Meeting December 22, 1987 Page 5 Cable Tray and Equipment Grounding System to Mathieu Electric Company, Inc. in the amount of: $18,210 Corpus Christi, Texas Uninterruptable Power Supply/Conditioner to Business Communications Consultants in the amount of: 7,895 (BCC/ITT), San Antonio, Texas Computer and Telephone Wiring to Mathieu Electric Company, Inc. in the amount of: 170,670 Total: $1961775 It is further recommended that a contract be let to Business Communications Consultants (BCC/ITT) for the installation of a new digital telephone switch in the amount of $248,772. A four-year maintenance contract at a fixed monthly cost of $250 per month is also recommended. 9. M87-0407 Accepting the Airport Terminal Building and Concourse Expansion project, and authorizing final payment of $332,845.25 to CJB Construction, Inc. and Robert E. Jenkins, a Joint Venture. * * * * * * * * * * * * * In answer to a question from Council Member Moss in reference to Item No. 2 pertaining to the street and alley closures - North Beach Water Theme Park, City Manager McDowell explained that the City owns the property and has leased it for the purpose of the splash point development. In answer to a question from Council Member Slavik regarding a charge to the company, Mr. McDowell stated that the City is getting a percentage of the gross of their operation of the recreation park that they are going to build. In reference to Item No. 3 regarding the Yorktown Boulevard Waterline Extension, Council Member Berlanga inquired if this is exclusively for Bill Witt Park, and City Manager McDowell gave a brief explanation of the extension and stated it will serve other areas as well. In reference to Item No. 7 concerning the Cabra Open Space Project - Cabra & W. Broadway, Council Member Slavik inquired about the time frame for this project, and City Manager McDowell stated that Staff will provide the Council with that answer. In reference to Item No. 8 regarding the Telephone System, Council Member Slavik inquired if the Staff is certain it would be in the best interest not to move the present system to the new City Hall, and City Manager McDowell explained it would cost about $184,000 to relocate the system to the new City • • . Minutes Regular Council Meeting December 22, 1987 Page 6 Hall, and that Staff feels that the best utilization for that is to relocate it to another facility within the City. He stated that the City is not going to lose it, and that it will be transferred. Council Member Slavik inquired about a tour of the new City Hall, and City Manager McDowell replied that the tour will be rescheduled after the first of the year. Regarding the telephone system, Council Member Strong inquired if the wiring portion of this authorization is a change order or a predetermined expense, and City Manager McDowell replied it is not a change order; it is an expense that is separate from the construction; and it was an anticipated expense. In answer to a question from Council Member Moss about the cost of $184,000 to move it to the new City Hall and, how much it would cost to move it to another location, and Assistant City Manager Juan Garza stated it would not cost nearly that much. He stated that the system as it is right now works and can be utilized elsewhere without the expense of having to add to it. There were no comments from the audience on the above items. A motion was made by Council Member Guerrero to approve Motions 2, 3, 7, 8 and 9; seconded by Council Member Strong and passed unanimously. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Resolutions, Ordinances and Ordinances from previous meetings on Items 10 thru 15. 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: 10. RESOLUTION NO.20117 APPROPRIATING $27,000 from the 245 AIRPORT BOND FUND TO COVER FINAL COSTS ON THE AIRPORT TERMINAL BUILDING AND CONCOURSE EXPANSION PROJECT, INCLUDING CHANGE ORDER WORK, ASBESTOS REMOVAL FROM THE TERMINAL CEILING, AND RETAINAGE INTEREST OF $10,917.25. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." • • Minutes Regular Council Meeting December 22, 1987 Page 7 11. RESOLUTION NO. 20118 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 6 IN CONNECTION WITH THE AIRLINE ROAD STREET IMPROVEMENTS; AND APPROPRIATING $11,430. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 12. RESOLUTION NO. 20119 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 9 IN CONNECTION WITH THE AIRLINE ROAD STREET IMPROVEMENTS, PROJECT 561-86-10.1; AND APPROPRIATING $4,442. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 13. RESOLUTION NO. 20120 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 38 IN CONNECTION WITH THE TURKEY CREEK DRAINAGE IMPROVEMENTS; AND APPROPRIATING $3,500. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 14. RESOLUTION NO. 20121 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 6 IN CONNECTION WITH THE PARK ROAD 22 UTILITY ADJUSTMENTS; AND APPROPRIATING $614. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 15. RESOLUTION NO. 20122 AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO THE CONTRACT FOR ENGINEERING SERVICES WITH MAVERICK ENGINEERING COMPANY PROVIDING FOR ADDITIONAL COMPENSATION FOR AN INCREASED SCOPE OF WORK TO INCLUDE ADDITIONAL PLAN PREPARATION FOR ROADWAY TRANSITION AND STORM SEWER IMPROVEMENTS; AND APPROPRIATING $5,402. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 16 regarding the Resolution ratifying and confirming the action of the City Council on November a II Minutes Regular Council Meeting December 22, 1987 Page 8 25, 1987, in removing Frank Mendez from the City Council and stated that this is not the Resolution that most of the Council anticipated coming before them. City Attorney Hal George stated that it is his understanding that from their discussions what they are trying to do is respond to the lawsuit that has been filed. Mr. George presented the Council with a copy of Article 6252-17 of V.A.C.S. regarding the Open Meeting Act and stated that he has underlined some sections regarding the certified agenda. Mr. George also presented the Council with a copy of a law dictionary definition of agenda. Mr. George stated that basically Section 2 of the proposed Resolution was based on another case in the Supreme Court of Texas - Case 1975, which is where the language is derived from. Council Member Pruet stated that as it relates to the second provision within the Resolution, it puts the Council in a position of saying they are above the court and that their rulings are final. He presented the Council with a letter he had written in reference to the Frank Mendez case and read from the letter containing his opinions and findings of facts as he understood them. Council Member Pruet made the following motion: 1. We declare our action of removal of Mr. Mendez as void and allow Mr. Mendez to resume his position as representative of District One for the following reasons: A. The original petition presented to the Council was not validated by the City Secretary; B. The petitioners did not appear at the public hearing although subpoenaed by the City of Corpus Christi; C. The Council on the advice of the City Attorney went into a closed meeting when possibly that was a violation of the charter; D. The Council, without knowledge, violated the State of Texas Open Meetings Act by not recording the proceedings of the closed meeting in accordance with the revised state law if this was the intent of the revision; E. The Council action to remove Mr. Mendez nullifies the settlement between the City of Corpus Christi and the plaintiffs in the lawsuit filed in federal court. The agreement which allows voters by districts to select and remove the representative of their choice; 2. - We as the City Council issue a finding of fact regarding the actions of Mr. Mendez in the vote to purchase the "Longshoreman Union's" property; A. This finding of fact be placed in the local newspaper in accordance with the "public notice" provisions of the state law; B. If the citizens of District 1 file a petition in accordance with the legal requirements for a "Recall Election," this Council shall set the election immediately upon receiving the proper certified petition for recall; and 3. We as the City Council immediately appoint a "Commission" to establish a new code of ethics to be submitted to this Council for consideration. Council Member Pruet stated that he believes if the Council does those things they will not only have corrected what he believes is wrong but will give the voters in District 1 the final decision. He stated that he did not think it was right, under the single -member district provision, for the Council to deny the voters the right of elected representation. Council Member Pruet's motion was seconded by Council Member Strong. • • Minutes Regular Council Meeting December 22, 1987 Page 9 Mayor Turner stated that she strongly believes the Council did abide by the Charter in the conduct of the public hearing, at least as it was interpreted by the Legal Staff, and that it is up to the courts now to challenge the constitutionality of the Charter and override the Council's decision. Council Member Pruet stated that the Council has been asked to look at a Resolution that prevents the courts from correcting any wrongs that they may have made, and that he thought it is infinitely wrong and an embarrassment to the Council to be placed in that position. Council Member Strong indicated her concurrence with the remarks in Council Member Pruet's letter and stated that she did not think that Frank Mendez got a fair and impartial hearing. She stated that the Charter says that five persons must sign a petition, and yet they saw no proof that five persons did indeed exist, that the fifth person signed the petition, and that the fifth person knew what he was signing when he signed it. She noted that the fifth person did not even respond to the subpoena to appear in court although he was served. Mrs. Strong continued by stating that she has heard from knowledgeable sources that there were Council Members making public comments the week before the hearing about how they were going to vote at the hearing before information was presented to the Council and before they had gone through the proper process. Council Member Strong further stated that under the direction the Council received from the Legal Staff, they could consider only what was sworn testimony at that hearing, and that the Council only saw four people stand up and say they signed the petition. She stated that as far as she is concerned the process itself is tainted. She referred to the proposed Resolution which says no matter what the courts show, it doesn't matter whether they are right or wrong that they are going to vote again today in essence to remove Frank Mendez from the Council, and that what they are saying is that it only takes four people, and that is in direct violation of the Charter. Council Member Strong stated that the real issues of the City have been pushed in the background; the process is being talked about and totally denies District 1 any say so in the replacement. She expressed the opinion that she did not think the process is right; this Resolution is not what was presented to the Council last week by the legal counsel; and that she cannot support the Resolution. Council Member Berlanga inquired why these statements were not brought up during the hearing and that if the aforementioned concerns had been made at the hearing perhaps a different attitude would have been taken. He stated that he felt comfortable with the decision that he made and still stands behind his vote. In answer to Council Member Berlanga's question, Council Member Pruet stated that he was acting on the advice of counsel and the instruction that the Council was given, and that since that time he has had considerable additional legal opinions and study and research into the Texas Open Meetings • Minutes Regular Council Meeting December 22, 1987 Page 10 Law. He stated that when you read the complete hearings of what went on in Austin, the intent was that all closed meetings were supposed to be recorded. He stated that he could not vote to ratify or confirm the Council's action because he did not believe it was appropriate or proper then or now. Mayor Pro Tem Rhodes stated that the point is the Council did what they were authorized to do by the City Charter and that she resented the retrying of this case and to use this as a forum. She inquired about the due process for the petitioners. She referred to Council Member Strong's previous comments about Council Members making statements before the trial and stated that if anybody was pre -prejudiced during the trial, it was Mrs. Strong because at the hearing she defended Mr. Mendez from her seat on the Council. Mrs. Rhodes stated that the hearing is over and the Council did what they had the responsibility to do, and she hopes this is the end of this matter and stated she is opposed to the motion. Mrs. Rhodes referred to the Ethics Commission which she is in charge of and stated that she has been working on this; she has her committee and all the background material; and they are proceeding forward and should have it by the end of January. Council Member Slavik stated that there is one major point to remember and that is by Texas law, we are a home rule City; we have a right to set up our own Charter; and it is the City's legal right in the State of Texas to do this. She stated this is a Council procedure; it is governed by the Charter; the voters voted on the Charter; the Council followed the rules; and that they should have disagreed with the committee that amended the Charter. She stated that was the intention of the Charter; the Council and public voted for it; the Council is mandated by it; and if the courts want to challenge our law and authority of the Council, then so be it. She stated that the Council did have the authority to do what they did, and they did it. City Secretary Chapa stated that he would like to address the issue of the agenda, and that he is responsible for putting the agenda together for closed sessions. Mr. Chapa quoted from Article 6252-17, Section 2A pertaining to the Agenda for Closed Meetings. He stated that State law requires that Municipal Governments keep a certified agenda of closed session meetings and that in lieu of the requirements for maintaining a certified agenda as provided in Subsections a, b and c of this section, a governmental body may make a tape recording of the proceedings which shall include an announcement made by the presiding officer at the beginning and end of the meeting indicating the date and time. He stated that there is no action taken in closed session, statements are that actions are taken outside the closed session, and that the City has always followed the certified agenda format. City Attorney George presented some legislative history on the Open Meetings Act amendments and stated that the Texas Municipal League opposed the concept of minutes being signed by all Council Members. He stated that in the closing days of the session, the bill was amended to say just a certified agenda. He stated that we have supplied the certified agenda form and we are very comfortable with it. Mr. George continued by stating that the Resolution was brought to the Council in a form approved by the Texas Supreme Court. He stated that the • Minutes Regular Council Meeting December 22, 1987 Page 11 specific argument in regard to the single member district suit is not addressed in this Resolution. Mr. George continued by stating that the voters of the City voted for the Charter which included the removal section. He reminded the Council that the motion to remove section of the code says that a motion to reconsider should be taken at the next regular meeting, otherwise the action is final. He noted that a request was made by Attorney Larry Adams and made in a timely manner and that time has passed. Council Member Guerrero noted that Council Member Pruet's concerns are legitimate. He stated that this issue goes far beyond the hearing and the procedures. He referred to threats and accusations made to his family and stated that the political blackmail is constant. He stated that Frank Mendez' guilt is minimal compared to the guilt of the people in this community that put him in that position, and that there are certain people in this community that think they can run this City by buying Council Members and manipulating them. The vote on Council Member Pruet's motion failed to pass by the following vote: Pruet and Strong voting, "Aye"; Turner, Berlanga, Guerrero, Moss, Rhodes, and Slavik voting, "No." Mayor Turner and Council Member Strong objected to Section 2 of the proposed Resolution and in answer to a question from Mrs. Strong, Attorney Jimmy Bray stated it is not the intent of the Resolution for the Council to be put above the law. He stated that the City is in a situation of a lawsuit of defending an action taken by the Council. Mr. Bray stated that the plaintiff in the lawsuit has alleged that there were certain procedural defects having to do with the Open Meetings Law and the City Charter. He stated that Section 2 of the Resolution generally says that if a court finds the removal action was ineffective for any reason, the Council's determination that Mr. Mendez willfully violated the City's code of ethics stands, and that the legal staff inserted the clause out of the abundance of caution to protect the Council's decision to remove Mr. Mendez. He stated that they are arguing that the Council's judgement was tainted by some technical defects, and if the court determines the deliberations should not have been held in closed session, this section will protect the substance of what the Council did. He stated it is modeled on a supreme court case. Mr. Bray stated that the legal staff does not think the plaintiff's arguments are good, and that the legal staff is offering this simply, in the greatest amount of caution, to protect the decision that the Council made. Council Member Strong stated that the procedure that the Council followed in the closed session was exactly the procedure they were told to follow; they did not take a vote in closed session; they did not make any pre -determined judgement in closed session; and they followed every bit of advice they had been given as to the legal process. She reiterated again that she cannot support s • Minutes Regular Council Meeting December 22, 1987 Page 12 Section 2 of the Resolution. Mrs. Strong referred to Section 1 of the Resolution where it says the action of the Council is readopted and stated that if the Council is readopting the same vote that they took at the hearing, then she is bound legally and morally to vote against it today, and she did not see the point. In answer to a question from Council Member Strong, Mr. Bray stated that the Resolution is designed to allow Council Members to vote the way they voted before. In answer to a question from Council Member Pruet regarding the phrase "was ineffective for any reason," Mr. Bray stated that in context as to the things that this could correct, it would only be technical kinds of things that are being challenged here, if the court were to determine that a vote were taken in closed session or if it were determined that there should not have been any closed session to deliberate, it would correct that sort of problem. Council Member Pruet inquired how anyone would determine what is an issue of technical or procedural substance versus a substantial issue of fact or law. Mr. Bray stated that in a lot of things you draft you attempt to do it as broadly as possible because of unforeseen arguments and that is what the courts do all the time, and in the final analysis, the court has to do that. He stated that in this situation, if the court determined that the deliberations should not have been closed, this provision would correct something like that and the reason Staff used this language is because it was used in a previous court case. City Attorney George stated that he also raised the same question until Mr. Bray showed him the language that was used in the previous court case, and he stated that that is the language that the Texas Supreme Court has given sanction to in a similar kind of case. Mr. George stated that it is the Legal Staff's job through this Resolution to protect the action of the Council. In answer to a question from Mayor Pro Tem Rhodes, Mr. Bray stated that it is intended that a Council Member will vote for this Resolution if they believe at this point and time based upon the evidence that they heard in the open hearing at that time that Mr. Mendez should be removed, and Mr. George stated there is a second reason and that is the way the courts act. He stated there is no reason that a Council Member that voted against the removal cannot vote for or against this particular Resolution, and it was not designed to change anyone's opinion. After more discussion by the Council Members, Mayor Turner called for comments from the audience. • Minutes Regular Council Meeting December 22, 1987 Page 13 Mr. David Saenz requested the Council to change their action taken on November 25 and bring Frank Mendez back. He expressed the opinion that Mr. Mendez was dealt an injustice. City Secretary Chapa polled the Council for their votes and the following Resolution was passed: 16. RESOLUTION NO. 20123 RATIFYING, RECONFIRMING, AND READOPTING THE ACTION OF THE CITY COUNCIL ON NOVEMBER 25, 1987, AND REMOVING FRANK MENDEZ FROM THE CITY COUNCIL. The foregoing Resolution passed by the following vote: Rhodes, Berlanga, Guerrero, Moss, and Slavik voting, "Aye"; Turner, Pruet and Strong voting, "No." * * * * * * * * * * * * * Mayor Turner called for consideration of Items 17 thru 24, and Council Members requested that Items 17, 18, 21 and 22 be withheld for discussion. There were no comments from the audience on the other items. City Secretary Chapa polled the Council for their votes and the following were passed: 19. ORDINANCE NO. 20124 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: Glenoak Drive Sidewalks - Glenoak Drive, south side only, from Waldron Road to Saint Peter Street; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 20. ORDINANCE NO. 20125 APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET: Glenoak Drive Sidewalks - Glenoak Drive, south side only, from Waldron Road to Saint Peter Street: DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL DURING A MEETING OF THE CITY COUNCIL ON JANUARY 19, 1988, IN THE COUNCIL CHAMBERS, CITY HALL, 302 SOUTH SHORELINE BOULEVARD, CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY. lutes ,.egular Council Meeting December 22, 1987 Page 14 The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 23. ORDINANCE NO. 20128 AUTHORIZING THE EXECUTION OF AN EASEMENT GRANT TO SEADRIFT PIPELINE CORPORATION CONSISTING OF A 20 -FOOT WIDE EASEMENT FOR THE INSTALLATION OF APPROXIMATELY 4,700 FEET OF 10 -INCH AND 12 -INCH DIAMETER PIPELINE AND A 50 -FOOT -BY 100 -FOOT LONG SECTION OF EASEMENT FOR A VALVE SITE ON PROPERTY OWNED BY THE CITY OF CORPUS CHRISTI SUBJECT TO THE APPLICANT'S PAYMENT OF A $4,992 FEE FOR USE OF THE CITY PROPERTY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 24. FIRST READING AUTHORIZING THE RENEWAL AND ISSUANCE OF A CERTIFICATE OF CONVENIENCE AND NECESSITY TO PINKIE ELDRIDGE, DBA PINKIE'S TAXI, FOR THE OPERATION OF FOUR TAXICAB VEHICLES WITHIN THE CITY OF CORPUS CHRISTI FOR A FIVE YEAR PERIOD EFFECTIVE AUGUST 30, 1987, THROUGH AUGUST 29, 1992, SUBJECT TO THE APPLICANT'S COMPLIANCE WITH ALL TERMS AND CONDITIONS ESTABLISHED IN CHAPTER 57, ARTICLE II, TAXICABS, OF THE CODE OF ORDINANCES; AND PROVIDING FOR PUBLICATION. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." Council Member Slavik stated that she is going to vote against the annexation ordinance and that Items 17 and 18 are related to Item 28, and City Manager McDowell stated that the assessment hearings deal with the project, and the substantial portion of that is not located within the 18 acres. He stated that Item 28 deals with the 18 acres that the City is acquiring from the state land, and that they are two separate items. Council Member Slavik stated that she felt that until we have the third reading on Item 28, we should not be doing 17 and 18 and suggested postponing this to see how the annexation vote comes out. Mayor Pro Tem Rhodes concurred with Mrs. Slavik and made a motion to table Items 17 and 18 until after the third reading of the annexation ordinance. Council Member Guerrero seconded the motion and the vote was passed unanimously. 17. Withdrawn DETERMINING -T1FFr-NECTE GIFT -FOR -444.1)- ORDERING -THE --i H -0Fr--Wh4eeeap Benleverd-Releeaten---1--Whiteeep-Bealevetel-€rem -Park -Reed -B-eastward -to the -peblle-heeeh;-end -B--Wladwerd-Driver -from -WhIEeeep-Bealeverd-te-Leeward Brlve;-AND -BEGhARING-AN -EMERGENGY- Lutes ,.egular Council Meeting December 22, 1987 Page 15 18. Withdrawn APPROVING -41-1 I44;41- T4FM T--0 -'£ IEr-GITII-ENS-IN-Er,R VARP0136-G9S'FS-FQR THS -4 kA4 ENT ---0P Rig-P9101:9WN6-STRrM i --414th •ep-4kK4 eledtkeeaEFex-- 4--WhiEeeap-Betplevar47-4feerPeflc- Rued estwfmmle.lte-1 Fie-beaek;-ead 47.-W4adwerd-Dr4verfrem-Wk8eeep-Ban;everd-8e-lneewerd-Dr4vet-DETERMINING-THE PORT;9N--01`-SAID-4A9P4;--f9-T 1166.1EWID-AGA4NS4--AB1 T- 144G -PROPERTY -4 4D -THE PORTI9N-T9-BE-PAID-BY-THE-6;Ti;-SETTING-A-PHBH;6-HEARING-9N-THS-PRB1,4M;NAR31 R9bH-„,ter-A- 1EiR4-NE44F-4 GH'FY- COUN64I--0N--3eanery--I9-x-4488;--SPI--THE 69886;H-GRAMBERST-6;T3�-HAblIT-39.2-698TH-SH9R£b;N€-8981mEVARDT-69RPH8-SHR;6T;T TE14ASt-AND-D86HARING-AN-€MER6EN6'a In answer to a question from Council Member Slavik in reference to Items 21 and 22 concerning the Texas Municipal Retirement System Program, City Manager McDowell stated that Items 21 and 22 are merely readopting these; it is a previous action taken by the City Council; and it does not in any way affect the City's compensation provisions which are in the process of being reviewed. Mr. McDowell further stated that it will be effective January 1, 1988. 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: 21. ORDINANCE NO. 20126 AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS” IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 22. ORDINANCE NO. 20127 AFFECTING PARTICIPATION OF CITY SYSTEM; GRANTING THE ADDITIONAL SECTIONS 62.105, 64.202(f), 64 1108, REVISED CIVIL STATUTES LEGISLATURE; AND PRESCRIBING EMERGENCY. EMPLOYEES IN THE RIGHTS, CREDITS .204, 64.405, 64 OF TEXAS, 1925, THE EFFECTIVE TEXAS MUNICIPAL RETIREMENT AND BENEFITS AUTHORIZED BY .406, AND 64.410 OF TITLE AS AMENDED BY THE 70TH DATE; AND DECLARING AN Lutes ..egular Council Meeting December 22, 1987 Page 16 The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 25 regarding a motion to amend, prior to third reading, the ordinance pertaining to Chapter 12, Boats, Bays, and Waterways of the City Code to incorporate changes. Assistant City Manager Hennings gave a briefing on the previous night's meeting between the City Staff, shrimpers, vendors and members of the Texas Parks and Wildlife Department. He presented the Council with a memo pertaining to the meeting to which was attached a revised ordinance. He stated that it is the Staff's recommendation to pass a motion to adopt this revised ordinance that would be amending Item No. 28 on the agenda. Mr. Hennings stated that every provision of the proposed ordinance was discussed, and the most significant change is extending the time to sell the catch from 24 hours to 48 hours. He stated that there was one issue that was not agreed upon and that is the requirement that the shrimp or fish not be removed from the boat and later returned to the boat, and that Staff strongly recommends this section be retained to make the ordinance enforceable. In answer to a question from the Mayor regarding Item #1 under D, Mr. Hennings stated that the language in the ordinance refers to who assigns the slip, and to change that language to say City Council would mean that every time someone rented a boat slip, they would have to come to the City Council. In answer to a question from the Mayor about the effective date of the ordinance, Mr. Hennings stated it will go into effect upon publication, and the Mayor stated that a few shrimpers have indicated they have repairs to make on their boats and wondered if there could be a delay or provide some individual waivers for special circumstances. Mr. Hennings stated that an effective date that would be prospective could be included in the ordinances. He stated that Mr. Dickerson and Mr. Kelso of the Texas Parks and Wildlife Department indicated at the meeting last night that the law has been in effect since September; it is the law now; and they did not have any right or ability to grant any exceptions or postponement. In answer to a question from the Mayor, Mr. Hennings stated that a couple of the vendors did indicate that they can operate their boats and operate legally if they have to, and if that means they have to do repairs to their boats, he is sure the Staff would not have any objection to allowing them time to make the repairs. He stated that the issue is can they continue to sell off that boat fish they have not caught on that boat because that is what is against the law. rotes ..egular Council Meeting December 22, 1987 Page 17 Mr. Reuben Lara, 4225 Adkins, stated that he has not had a chance to read the amended ordinance. He referred to Item #1 under D and stated that he thought that it had been agreed upon to change the wording. Mr. Lara made remarks alleging that Mr. Bob Bruner, Marina Superintendent, controls the marina completely and stated that he had been informed by Mr. Bruner that he could only be helped by Council Member Berlanga or Senator Carlos Truan. Marina Superintendent Bruner responded to Mr. Lara's remarks and concurred with Mr. Lara that he had informed him that Council Member Berlanga could help him because the marina is in his district and he has taken an interest in the case, but he denied the other allegations made by Mr. Lara. Mr. Bruner stated that it is his duty to carry out the responsibility of the Council's desires, and that he did not think anyone is going to be put out of business with some of the modifications as to the way they do business. A motion was made by Mayor Pro Tem Rhodes to amend the ordinance with the changes that were agreed to at the meeting last night. The motion was seconded by Council Member Pruet and passed unanimously by those present and voting; Guerrero absent at the time the vote was taken. Mayor Turner then called for consideration of Item No. 29 pertaining to the proposed Ordinance amending Regulations for The Sale of Shrimp in the Marina. Ms. Angie Bodukagulo, 1426 Buenos Aires, expressed appreciation to the Council and Staff for their consideration of this item and requested a more time to fix one of her boats. Mr. Bruner pointed out that most vendors own more then one boat, and those boats that are not operable could be made to work. He stated that the problem is if you sell off the boat and transfer it from one boat to the other, that's the state's problem. Mr. Bruner noted that the marina will accommodate the shrimpers until they get their repairs done. In answer to a question from Council Member Berlanga on whether vendors are legally authorized to sell shrimp; Mr. Bruner stated that that is the real issue of the law; vendors are not allowed to sell shrimp off the boat; under state law vendors can sell shrimp at several places, but it has to be a place of business; and it excludes a floating device or a boat. Mr. Bill Evans, a shrimper, stated that he feels that the shimpers have gotten a bad deal, and that everyone at the marina should be treated equally. Mr. Henry Rodriquez, 334 Paloma, referred to the ordinance and asked for some clarifications which were explained to him. After more discussion, City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: lutes ..egular Council Meeting December 22, 1987 Page 18 29. ORDINANCE NO. 20131 AMENDING THE CITY CODE, CHAPTER 12, BOATS, BAYS AND WATERWAYS, BY DELETING SECTION 12-47, PERMITS REQUIRED FOR COMMERCIAL ACTIVITY; REGULATIONS, IN ITS ENTIRETY AND SUBSTITUTING THEREFOR A NEW SECTION 12-47; 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, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Turner called for consideration of Items 26 and 27. In reference to Item No. 26 regarding the San Antonio Street Closure Request, Council Member Moss stated that he feels strongly that the City may be legal in not charging for unimproved property, but he thought they should have charged fair market value for this property and recommended taking the alternative. In answer to a question from the Mayor, Mr. McDowell stated this is unimproved property, and the current code says unimproved property will not be charged for. He stated if the City wanted to charge for all property that they close or abandon, the code would have to be amended. Mayor Pro Tem Rhodes noted as it is written, the Mrs. Squibb, and she wanted to support not charging read a section from the memo from Victor Medina, stated if the City is going to change the code, they did not think they should single Mrs. Squibb out now. City would not be charging her at all. Mrs. Rhodes Engineering Director, and should change it, but she Council Member Slavik concurred with Mrs. Rhodes and suggested amending the code. She then made a motion to change the code. The motion was seconded by Council Member Moss and passed unanimously. In reference to Item No. 27 regarding the Holiday Inn Beach Restoration, Council Member Slavik inquired if this beach will be open to the public, and City Manager McDowell replied in the affirmative and stated that the signs are posted in the appropriate locations indicating that it is a public beach. In answer to a question from Mayor Pro Tem Rhodes, Engineering Director Medina stated that the sundeck will be built on private property. There were no comments from the audience on these items. City Secretary Chapa polled the Council for their votes and the following Ordinances were passed: Lutes ..egular Council Meeting December 22, 1987 Page 19 26. ORDINANCE NO. 20129 CLOSING AND ABANDONING A 10 -FOOT WIDE BY APPROXIMATELY 175 -FOOT LONG PORTION OF 80 -FOOT WIDE SAN ANTONIO STREET RIGHT-OF-WAY ADJACENT TO LOTS 48 THROUGH 54, BLOCK 215A, PORT ARANSAS CLIFFS SUBDIVISION; PROVIDING FOR REPLATTING WITHIN 180 DAYS OF THE DATE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 27. ORDINANCE NO. 20130 AMENDING ORDINANCE NO. 14634, PASSED NOVEMBER 22, 1978, TO AUTHORIZE THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH TEX-KEN, INC. WHICH PERMITS THE CONSTRUCTION OF A SUNDECK AND A 100' BY 600' BEACH BEHIND THE HOLIDAY INN EMERALD BEACH ON PROPERTY OWNED BY THE CITY AT THE WATER'S EDGE AND IN WATERS OF CORPUS CHRISTI BAY IMMEDIATELY EAST OF THE C. G. GLASSCOCK BAYFRONT ADDITION IN CONFORMANCE WITH A U.S. ARMY CORPS OF ENGINEERS' PERMIT, SUBJECT TO THE APPLICANT'S PAYMENT OF A $100.00 FEE FOR SUCH USE PRIVILEGE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 28 pertaining to the Annexation Ordinance: Council Member Slavik stated she will vote against this item and expressed concern that the City is going against the way the public has voted. Council Member Pruet stated that he will vote in favor of it, and it is a part of a development plan on the island that the previous Council supported. He stated that the Budget Committee met yesterday, and that he would like to point out to the Council that only thru the carrying out of various good projects is the City going to be able to expand the tax base and meet the projected deficit. He referred to Items No. 17 and 18 which were tabled and pointed out what private dollars are going to go into this project. He stated that annexation is not the answer to all of the City's problems, but it is a partial solution when it causes an infusion of private dollars into the economy and stimulates private development. Mayor Pro Tem Rhodes noted that she will vote in favor of the ordinance, and that she has several meetings set up to clarify a few things in regard to the annexation. .utes ..egular Council Meeting December 22, 1987 Page 20 Council Member Berlanga noted that he believes there are more people that would like to see the expansion on the island and that if an investor is willing to risk money and time, he should make some money out of the investment. He stated that he is doing some more research on this item but that he will vote in favor of the ordinance today. Mr. David Saenz, 1430 17th Street, spoke in opposition to the annexation and referred to the election in August of last year. Ms. Marie Spear, 9320 South Padre Island Drive, spoke in opposition to the annexation and gave some background information on Whitecap Boulevard. She stated that the City does not need 18 acres to turn a bus around, that it can be done on the property. Mr. J. E. O'Brien, 4130 Pompano, spoke in opposition to the annexation. He referred to the statement "annexation is a partial solution to the problem" and stated that if the voters say "no" to annexation, it is no solution at all. Council Member Strong stated that since the annexation election of 1986, there was a charter amendment election, and in that election the majority of the voters in this City chose to let the Council annex by ordinance with the provision that if any particular parcel was of a concern that a petition could call for an election on that particular piece. Council Member Pruet stated that the voters were right when they turned down the 30 square miles proposed in 1986 and reminded the Council what is before them is 4 City blocks or 18 acres versus 30 square miles. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed on second reading: 28. SECOND READING ANNEXING A 17.95 ACRE TRACT OF LAND OUT OF A PORTION OF PADRE ISLAND. The foregoing Ordinance was passed on second reading by the following vote: Rhodes, Berlanga, Moss, Pruet and Strong voting, "Aye"; Turner abstaining; Guerrero and Slavik voting, "No." * * * * * * * * * * * * * Mayor Turner referred to the applicants for District 1, and it was the consensus of the Council that a meeting be set up on a Wednesday or Thursday immediately after the first of the year to interview the candidates. Mayor Turner also suggested that the Council get together on a Saturday and review what has been done in the City and asked City Secretary Chapa to suggest a couple of Saturdays to the Council so that they can take a vote. Mayor Turner called for Council liaison and other Council reports. .utes ..dgular Council Meeting December 22, 1987 Page 21 Council Member Strong stated that she believes the permit application has gone to the Corps of Engineers for the Packery Channel. Council Member Moss presented material to the Council on the Budget Committee Meeting. Council Member Pruet reminded the Council of the press conference that afternoon regarding the Sports Festival. Council Member Slavik noted that she received information dated December 21 regarding the purchase of land for the Oso Creek Park. She inquired who did the appraisal; what were their figures; and she requested a copy of the appraisal document. She also stated that she received a petition from Isabel Foster out on Red River and asked if the Staff had any comments about the speed reduction request on this street. Some of the Council Members indicated that they had not received a copy of the petition and the Mayor pointed out that the petition needs to be referred to the Traffic Advisory Committee. Mayor Pro Tem Rhodes referred to the unappointed Assistant Director position at the Library and stated that the position is causing a lot of concern. She asked the Staff to contact the library people so that they can address their concerns. City Manager McDowell noted that he is waiting for a recommendation from Assistant City Manager Hennings, and he will get that in writing to the Library with a copy to the Council. City Secretary Chapa reminded the Council about the Fare Review Committee meeting at noon. * * * * * * * * * Mayor Turner called for petition or information from the audience on matters not scheduled on the agenda. Mr. Philip Rosenstein, 949 Bobalo, put up a Declaration of Independence sign and a blow-up of an article from the Caller -Times. He spoke in objection to the Council's Rules of Decorum and stated that some of the rules are unconstitutional. He stated that the rules will continuously cause problems and asked that they be removed. Mr. David Saenz, 1430 17th Street, stated that he has never doubted the Council's ability. He expressed appreciation to the Taxpayers Association for the $50,000 extension on the homestead. He wished the Council a Merry Christmas and a Happy New Year. Mr. J. E. O'Brien, 4130 Pompano, stated that Mr. Rosenstein has some valid points and asked the Council to consider revising their Rules of Decorum. The Council Meeting was recessed at 12:05. Utes ..egular Council Meeting December 22, 1987 Page 22 * * * * * * * * * * * * * Mayor Turner reconvened the Council Meeting at 2:00 p.m. and the Council went into closed session pursuant to Article 6252-17 of V.A.C.S. to discuss personnel. The Council came out of closed session. In reference to Item No. 4 on the agenda pertaining to the Raw Water Reservoir - 0. N. Stevens Water Treatment Plant, a motion was made by Council Member Strong to change the bid date from February 3, 1988 to February 2, 1988. The motion was seconded by Mayor Pro Tem Rhodes and passed unanimously. There being no further business to come before the Council, Mayor Turner declared the meeting adjourned at 2:25 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 22, 1987, which were approved by the City Council on December 29, 1987. WITNESSETH MY HAND AND SEAL, this the /Betty Tu(rjzer, MAYOR rr` 2.9 day of Armando Chapa, City Secretary City of Corpus Christi