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HomeMy WebLinkAboutMinutes City Council - 10/27/1987PRESENT Mayor Betty Turner Mayor Pro Tem Mary Rhodes Council Members: David Berlanga, Sr. Leo Guerrero Frank Mendez Clif Moss Bill Pruet Mary Pat Slavik Linda Strong `-7.%a-ec-e MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING OCTOBER 27, 1987 9:00 a.m. Acting City Manager Kelly Elizondo City Attorney Hal George City' Secretary Armando Chapa Absent City Manager Craig McDowell Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was given by Reverend Ed Gates of the Corpus Christi Beach Baptist Chapel following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Moss. A motion was made by Council Member Strong that the Minutes of the Regular Council Meeting of October 20, 1987 be approved as presented; seconded by Mayor Pro Tem Rhodes and passed unanimously. Mayor Turner read a Proclamation designating October 26 - 31, 1987 as "Polish Week." She recognized Mr. Jack Ratkovic who introduced members affiliated with the Polish community. * * * * * * * * * * * * * Mr. Charles C. Irby, Chairman, Corpus Christi Cable Communications Commission, presented a Cable Communications Commission Report on a survey of Athena Cablevision. He stated that in summary of the survey, it was found that the majority of subscribers like the programming, like the signal quality, have few problems, but dislike Athena as a company. He stated that the problem, as expected, is one of public image not performance failure. He further stated that Athena is performing within the guidelines as set by the franchise agreement. Council Member Berlanga expressed the opinion that the reason the subscribers dislike Athena as a company is because there have been a lot of problems and complaints due to the lack of answering the phone. Mr. Berlanga inquired if these problems have been solved, and Mr. Irby replied that to the MICROFILMED nutes aegular Council Meeting October 27, 1987 Page 2 Commission's knowledge the phone problem has been solved. Mr. Irby continued by stating that the summary recommendation is that the franchise references to two-way be interpreted at this time to mean two-way as related to institutional customers that are required by franchise agreement to receive basic services without charge; this narrows the issues for the Council to the City, Del Mar College, Corpus Christi State University, and the five included school districts. He stated that the Commission recommends that institutional users be dealt with independently as each user requests two-way access. Mayor Turner recognized Dr. Ross Purdy and Dr. Patrick Carroll from the Corpus Christi State University's Social Science Research Center who performed the survey. * * * * * * * * * * * * * Mr. Jorge C. Rangel, Chairman of SCOPE '88 presented the recommendations of the SCOPE committee on the November 3, 1987 constitutional amendments election. Mr. Rangel noted that the committee endorses the following propositions: No. 4 - allows the legislature to create programs and authorize loans and grants for stimulation, development and diversification of the economy; No. 6 - establishes three funds, made up of general obligation bond money, which can be used to develop new products, foster small business growth and promote agricultural business expansion and marketing; Nu. 7 - provides up to $400 million to provide loans for local governments to develop public facilities; No. 8 - provides up to $500 million for construction of new correctional institutions and mental health and mental retardation facilities; No. 11 - exempts ad valorem taxation on goods remaining in the state less than 175 days and materials used in manufacturing (this was the only S.C.O.P.E. '88 endorsement that was not unanimous); No. 19 - authorizes $500 million to use in defraying start-up costs if the state wins the federal Superconducting Super Collider research project; and No. 23 - authorizes up to $400 million for use on water development projects. Mr. Rangel stated that the committee has also endorsed the referendum on dog racing in Nueces County. Council Member Guerrero noted that the City Council has not taken a position in favor of dog racing and pari-mutuel betting. Mr. Guerrero stated that he is not in favor. * * * * * * * * * * * * * * Council Member Berlanga informed the Council that the Heart of Corpus Christi, Inc. will hold a press conference on Wednesday, October 28, at 11:00 a.m. at the Hershey Hotel, and at 1:30 p.m. there will be a planning retreat for the 60 members of that Board. * * * * * * * * * * * * * nutes ..egular Council Meeting October 27, 1987 Page 3 Mayor Turner announced the bid opening on the McNorton Area Street and Drainage Improvements. Assistant City Manager James K. Lontos opened bids on this project from the following firms: Haas Paving Company; Larson Plumbing & Utility; South Texas Construction Co.; South Texas Utility Contractors, dba J & B Contractors; Tennessee Pipeline Construction; W. T. Young Construction Co.; and A. Ortiz Co. He verified that all companies had submitted the required security bond or cashier's check and had acknowledged receipt of the addendum with the exception of South Texas Construction Co. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Motions 1 thru 5, noting that Items 3 and 4 will be withheld for discussion. 1. M87-0355 Approving a supply agreement for computer paper to Data Documents based on low bid and best bid of $13,102.79. The term of this agreement will be twelve months with the option to extend for an additional twelve months subject to the approval of the supplier and the City Manager or his designee. These items will be used by the Data Processing Department. 2. M87-0356 Approving a supply agreement for police and airport security uniforms to Famous Uniforms based on low bid and best bid of $43,648.50. 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. 3. M87-0357 Approving plans and specifications and authorizing receipt of bids on November 24, 1987, for the installation of a security fence at the City Service Center. 4. M87-0358 Approving plans and specifications and authorizing receipt of bids on November 24, 1987, for Relocation and Improvements to Whitecap Boulevard. 5. M87-0359 Endorsing Proposition No. 7 (Build Texas Program) to be included on the November 3, 1987 ballot. The proposition authorizes $400 million in General Obligation bonds for the purpose of making loans to local governments to finance construction of public facilities and to make grants to local governments for planning and design of projects. (Withdrawn - 9/29/87) nutes regular Council Meeting October 27, 1987 Page 4 There were no comments from the audience on the Consent Motions. A motion was made by Council Member Strong to approve Motions 1, 2 and 5; seconded by Council Member Mendez and passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye" with following exceptions; Berlanga abstained on 112; Guerrero and Slavik voting, "No" on #5. In answer to a question from Council Member Moss on Item No. 3 concerning the Service Center security fence, phase I, Acting City Manager Elizondo explained the City is taking bids for 3,000 linear feet of fence. In reference to Item No. 4 regarding Whitecap Boulevard, Council Member Slavik inquired if the Council should first vote on No. 19 because technically if the City does not get the lease, this project could not be done, and Mr. Elizondo replied that is correct, but this item is a Consent Motion and it is up to the Council to decide if they want to vote on No. 4 first. A motion was made by Council Member Strong to approve Items 3 and 4; seconded by Council Member Pruet and passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye" with following exceptions; Guerrero and Slavik voting, "No" on Item 114. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Resolutions, Ordinances and Ordinances from previous meetings of Nos. 7 thru 11 and Council Members requested that Item 6 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: 7. RESOLUTION NO. 20027 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO PARCEL 3 FOR THE AIRLINE ROAD STREET IMPROVEMENTS -HOLLY TO WOOLDRIDGE PROJECT AND TO ACQUIRE SAID PARCEL FROM THE OWNERS, LEDFORD-CHEEK, INC.; AND DECLARING AN EMERGENCY. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye." 8. RESOLUTION NO. 20028 APPROPRIATING $3,600 FROM THE 561 STREET BOND FUND FOR ACQUISITION OF PARCEL 1 BY CONDEMNATION FOR THE I.H. 37 INTERCHANGE IMPROVEMENTS PROJECT. nutes ..egular Council Meeting October 27, 1987 Page 5 The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye." 9. RESOLUTION NO. 20029 APPROPRIATING $7,325 FROM THE 250 SANITARY SEWER BOND FUND FOR ACQUISITION OF PARCEL 6 IN CONNECTION WITH THE I.H. 37 UTILITY ADJUSTMENTS PROJECT. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye." 10. RESOLUTION NO. 20030 APPROPRIATING $6,170 FROM THE 561 STREET IMPROVEMENTS BOND FUND FOR THE ACQUISITION OF PARCEL 2 IN CONNECTION WITH THE GLENOAK DRIVE SIDEWALK IMPROVEMENTS PROJECT. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye." 11. ORDINANCE NO. 20031 CLOSING AND ABANDONING A 1.5 FOOD WIDE PORTION OF THE 7.5 FOOT WIDE UTILITY EASEMENT IN LOT 2, BLOCK 2, COUNTRY CLUB ESTATES UNIT 30, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye." In reference to Item No. 6 concerning the FAA Grant Preapplication for the rehabilitation of a crash/fire rescue (CFR) vehicle located at the airport, Council Member Slavik inquired about the cost of these vehicles when new, and Acting City Manager Elizondo replied the estimated cost is $375,000, and Staff feels this is cost-effective. There were no comments from the audience on this item. City Secretary Chapa polled the Council for their votes and the following Resolution was passed: 6. RESOLUTION NO. 20026 AUTHORIZING THE SUBMISSION OF A GRANT PREAPPLICATION TO THE FEDERAL AVIATION ADMINISTRATION FOR 1988 FUNDS TO REMANUFACTURE ONE AIRPORT CRASH/FIRE RESCUE VEHICLE AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED DOCUMENTS. mutes ..egular Council Meeting October 27, 1987 Page 6 The foregoing Resolution passed by the following Berlanga, Mendez, Moss, Pruet, Slavik and Strong absent at the time the vote was taken. Mayor Turner called for consideration Items 12 will be withheld for discussion. vote: Turner, Rhodes, voting, "Aye"; Guerrero thru 18, noting that No. 12 There were no comments from the audience on the other items. City Secretary Chapa polled the Council for their were passed: 13. SECOND READING votes and the following AMENDING THE CITY CODE, CHAPTER 53, TRAFFIC, SECTION 53-252, SCHEDULE III --PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed Turner, Rhodes, Berlanga, Mendez, "Aye"; Guerrero absent at the time 14. ORDINANCE NO. 20032 on second reading by the following vote: Moss, Pruet, Slavik and Strong voting, the vote was taken. AUTHORIZING THE EXECUTION OF A FIVE YEAR LEASE AGREEMENT WITH THE SOUTHSIDE LITTLE MISS KICKBALL LEAGUE FOR THE USE OF 7.08 ACRES OF LAND AT THE ANDERSON PIT FOR YOUTH SPORTS. The foregoing Ordinance was passed Turner, Rhodes, Berlanga, Mendez, "Aye"; Guerrero absent at the time on third reading by the following vote: Moss, Pruet, Slavik and Strong voting, the vote was taken. 15. ORDINANCE NO. 20033 RENEWING AND AMENDING A LEASE TO THE CAMPFIRE GIRLS, INCORPORATED OF 21 ACRES OF LAKE CORPUS CHRISTI RESERVOIR LAND FOR RECREATIONAL PURPOSES FOR A TERM OF 30 YEARS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on third reading by the following vote: Turner, Rhodes, Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye"; Guerrero absent at the time the vote was taken. 16. ORDINANCE NO. 20034 AUTHORIZING THE EXECUTION OF AN AMENDMENT OF BARGE RESTAURANT AGREEMENT WITH PLEASURE PIER ASSOCIATES, INC., d.b.a. C. C. DOCKSIDE RESTAURANT. nutes ..egular Council Meeting October 27, 1987 Page 7 The foregoing Ordinance was passed on third reading by the following vote: Turner, Berlanga, Mendez, Moss, Pruet, and Strong voting, "Aye"; Rhodes and Slavik voting, "No"; Guerrero absent at the time the vote was taken. 17. ORDINANCE NO. 20035 AUTHORIZING THE EXECUTION OF A CONTRACT MODIFICATION WITH HASSLOCHER ENTERPRISES, INC. d.b.a. WAYWARD LADY. The foregoing Ordinance was passed on third reading by the following vote: Turner, Berlanga, Mendez, Moss, Pruet, and Strong voting, "Aye"; Rhodes and Slavik voting, "No"; Guerrero absent at the time the vote was taken. 18. ORDINANCE NO. 20036 AMENDING THE CITY CODE, CHAPTER 49, STREETS AND SIDEWALKS, SECTION 49-12, PETITION TO COUNCIL TO ESTABLISH OR CLOSE STREETS, ETC.; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on third reading by the following vote: Turner, Rhodes, Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye"; Guerrero absent at the time the vote was taken. In reference to Item No. 12 concerning the self-service baggage cart operation at the airport, Council Member Slavik inquired about the $80 a month for maintenance and asked if the contractor could pay for his own maintenance, and Acting City Manager Elizondo replied that is the only way the City could get the contract, and it is estimated that the City will break even. In answer to a question from Council Member Strong, Mr. Elizondo explained that the target date for starting the project is January of 1988. He explained the procedure for ordering new carts and that there will be a couple of months of lag time. Mr. Elizondo stated that our airport is the smallest airport the company is handling. There were no comments from the audience on this item. City Secretary Chapa polled the Council for their votes and the following were passed: 12. FIRST READING AUTHORIZING THE EXECUTION OF A FIVE INC. FOR A SELF-SERVICE BAGGAGE PROVIDING FOR PUBLICATION. The foregoing Ordinance passed on Turner, Rhodes, Berlanga, Guerrero, "Aye"; Mendez absent at the time the YEAR LEASE AGREEMENT WITH SMARTE CARTE CART OPERATION AT THE AIRPORT; AND first reading by the following vote: Moss, Pruet, Slavik and Strong voting, vote was taken. nutes _.egular Council Meeting October 27, 1987 Page 8 Mayor Turner called for consideration of Items 19 thru 23. In reference to a question from Mayor Pro Tem Rhodes on Item No. 19 concerning the lease on coastal public lands, Acting City Manager Elizondo explained that regarding this item the Council will be voting to authorize the City Manager to execute a lease on Coastal Public Lands from the Texas General Land Office and the School Land Board for 17.95 acres. Council Member Slavik requested to be shown on the map where future parking lots will be placed, and Assistant City Manager Tom Utter located the areas on the map. He stated that this has been approved by Commissioner J. P. Luby. Mrs. Slavik inquired if the City does not acquire this lease if the Whitecap replacement could still continue, and Mr. Elizondo replied the whole project would have to be re -thought and the approaches that have been taken would have to be abandoned. Mrs. Slavik inquired how much of this project the lease will affect, and Mr. Utter located on the map the area that is affected. In reference to Item No. 20 concerning the requested street and easement closure - Del Mar College Campus, Mayor Pro Tem Rhodes inquired if this included the waiver of the fee, and Acting City Manager Elizondo replied the City is crediting Del Mar with the improvements that they are making. In reference to Item No. 21 concerning the Seamen's Center Lease, Mayor Turner expressed appreciation to the Kennedy Foundation, the people at the Seamen's Center and everyone who has contributed to the facility. Mayor Turner recognized Mr. George Dawson, Chairman of the Seamen's Center, who acknowledged members of the Seamen's Center and people who were active in this project. Mayor Turner recognized Mr. Jim Rome, architect for the facility, who displayed a preliminary rendering of the center. Mr. Rome explained that the rendering will have to be somewhat modified to reduce the size slightly, but the general design will be the same. He noted that they will begin preparing the plans and specifications and review them with the Landmark Commission. Mayor Turner recognized Mr. Ron Bradley, member of the Kenedy Foundation Board, who stated that they are pleased to participate in this historical project. Members of the Council expressed appreciation to the Kenedy Foundation and the architect, Mr. Jim Rome. There were no comments from the audience on the above items. nutes aegular Council Meeting October 27, 1987 Page 9 City Secretary Chapa polled the Council for their votes and the following were passed: 19. RESOLUTION NO. 20037 AUTHORIZING THE EXECUTION OF A LEASE ON COASTAL PUBLIC LANDS FROM THE TEXAS GENERAL LAND OFFICE AND THE SCHOOL LAND BOARD FOR 17.95 ACRES. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Mendez, Moss, Pruet, and Strong voting, "Aye"; Guerrero and Slavik voting, "No." 20. ORDINANCE NO. 20038 CLOSING AND ABANDONING THE 5 -FOOT WIDE UTILITY EASEMENTS IN BLOCKS 2, 3, 4, 5, 18, and 19, SOUTHMORELAND ADDITION; CLOSING AND ABANDONING THE PUBLIC RIGHTS-OF-WAY OF SHELY STREET FROM NAPLES STREET TO AYERS STREET, LEWIS STREET FROM SHELY STREET TO EDWARDS STREET, KOSAR STREET FROM NAPLES TO AYERS STREET, AND TWO 160 -FOOT LONG PORTIONS OF TOMPKINS STREET BETWEEN NAPLES STREET AND AYERS STREET, RETAINING ALL AS UTILITY EASEMENTS; CLOSING AND ABANDONING CARTER STREET FROM AYERS STREET SOUTHEASTWARD TO A POINT 150 FEET SOUTHEAST FROM THE SOUTHEASTERLY RIGHT -OF -WA? OF LEWIS STREET RETAINING AS UTILITY EASEMENT THE PORTIONS OF CARTER STREET FROM AYERS STREET TO A POINT 126 FEET SOUTHEASTWARD STREET FROM AYERS STREET TO A POINT 126 FEET SOUTHEASTWARD AND FROM A POINT 391 -FEET SOUTHEAST OF AYERS STREET TO APPOINT 150 FEET SOUTHEAST FROM THE SOUTHEASTERLY RIGHT-OF-WAY OF LEWIS STREET; PROVIDING APPLICANT REROUTE THE EXISTING 8 -INCH DIAMETER WATER MAIN WITHIN THAT PORTION OF CARTER STREET NOT RETAINED AS UTILITY EASEMENT; PROVIDING APPLICANT A CREDIT TO THE FAIR MARKET VALUE FOR THE STREET RIGHTS-OF-WAY HEREIN ABANDONED; AND PROVIDING FOR REPLATTING OF ALL AFFECTED PROPERTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye"; Rhodes and Guerrero voting, "No." Mayor Pro Tem Rhodes noted that she is not opposed to the street closure, just the waiver. 21. FIRST READING AUTHORIZING THE EXECUTION OF A 20 YEAR LEASE WITH TWO 20 YEAR OPTIONS FOR LOTS 1 AND 2, BLOCK 60, BEACH ADDITION, AT THE CORNER OF FITZGERALD AND MESQUITE STREETS, TO THE CORPUS CHRISTI INTERNATIONAL SEAMEN'S CENTER, INC. The foregoing Ordinance was passed on first reading by the following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye." nutes egular Council Meeting October 27, 1987 Page 10 22. ORDINANCE NO. 20039 ANNEXING 11 AREAS CONTAINING 33,172.02± ACRES OF GOVERNMENTALLY OWNED LAND. The foregoing Ordinance was passed on third reading by the following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye." 23. ORDINANCE NO. 20040 ANNEXING 26 AREAS CONTAINING 2,869.89± ACRES OF PRIVATELY OWNED LAND. The foregoing Ordinance was passed on third reading by the following vote: Turner, Rhodes, Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Turner informed the Council that on October 21, a petition was filed with the City Secretary on a request for the removal of Council Member Frank Mendez from the City Council for an alleged violation of the conflict of interest provision of the City Charter. Mayor Turner acknowledged receipt of the petition and stated she would like to set the date and time of the Public Hearing and to formally adopt the rules and procedures. Council Member Mendez excused himself from the Council Meeting to allow the Council to discuss this matter. Discussion followed, and a motion was made by Council Member Berlanga to schedule the Public Hearing at 5:00 p.m. on November 10, 1987 as part of the Regular Council Meeting. The motion was seconded by Council Member Pruet and passed unanimously. Mayor Turner encouraged the Council to adopt the rules and procedures which were presented to the Council by City Attorney George. Mayor Turner stated that there will not be a white -wash, but that it will be a controlled session. She continued by stating that she does not intend to let the session get out of hand; she wants to assure that they stick to the subject; and that irrelevant, immaterial or incompetent evidence shall not be admitted. She encouraged the Council to invite each of the petitioners to be present, each of the petitioners to take an oath; and that the petitioners be available to answer any questions that any Council Member may have. She stated that she will be presiding at the hearing and will set the rules. Council Member Guerrero inquired about the oath and about the penalties for perjury, and Mr. George replied they would be the same statutory penalties for lying to a government agency. Mr. George said he referred to the rules adopted at the 1981 hearing regarding former Council Member Jack Dumphy and updated them to the Charter. mutes Kegular Council Meeting October 27, 1987 Page 11 In answer to a question from Council Member Guerrero, Mr. George stated that the Council will be the deciding body of what evidence to hear, and it is up to the Council under the Charter to decide the course of action to take. He stated that there will be three parties; the petitioners, the City Staff and the Council Members; the Council will be the judge of getting all the evidence out; and if it relates, the Council will hear it. He stated that he intends to bring all the relevant facts out, and it is up to the Council to admit that evidence. In answer to a question from Council Member Guerrero regarding whether state law supersedes the City, Mr. George explained there will be two different issues to address because the codes are very different. He then explained the two different codes. In answer to a question from Mayor Pro Tem Rhodes, Mr. George stated that the burden of proof is on the petitioners, and there are three different burdens of proof. He explained the three differences and stated that he has not determined which one is applicable in this case, and that he will provide that to the Council. Mrs. Rhodes requested that the Council be provided a copy of the state code of ethics. In answer to a question from Council Member Berlanga about if the Council disagrees with the City Attorney's opinion, Mr. George stated it is up to the Council to make the decision; it is a well established rule of law that a legislative body is the judge; the City Council is the judge in this case; and it will be the Council's pleasure to request another opinion. Discussion followed, and in answer to questions, Mr. George stated that the evidence will come from the witness stand; the Council is the judge in the qualification of its members; and the Charter says the Council can remove a Council Member for willful violation of the code of ethics. Council Member Strong expressed the opinion that the Council not be presented evidence before the hearing, and that they should hear the evidence under oath. She stated it is extremely important that the Council hold themselves apart from this issue and not discuss it until the hearing. In answer to questions about witnesses, Mr. George stated it is up to the Council to decide whether they want to exclude anyone from the room that is going to be a witness. He noted that the Council sets the rules. In answer to a question from Council Member Berlanga regarding whether Council Member Mendez should be able to participate at meetings, Mr. George stated that it is totally up to the Council, and Council has the option under the Charter to suspend Mr. Mendez for thirty days. Mayor Turner expressed the opinion that Mr. Mendez is innocent until proven guilty, and to suspend him does not accomplish a thing, and she noted that the Council did not do that in the Jack Dumphy case. nutes ..egular Council Meeting October 27, 1987 Page 12 After more discussion, Mayor Pro Tem Rhodes inquired about the procedure for deliberation, and Mr. George replied the Council may go into closed session, but at the previous hearing, all the deliberations were done in the public meeting. Mr. George continued by stating that based on evidence presented at the hearing, the Council has a wide range of remedial actions at its disposal. He stated they can do nothing or determine there has been a willful violation of the code of ethics. He stated that the Council has the obligation to have the hearing, and at the conclusion of the hearing, the Council can take whatever action they choose. Mayor Pro Tem Rhodes expressed the opinion that the Council should be very careful about not crucifying any innocent people. Council Member Guerrero requested that the Council be provided the transcript of the trial on the Jack Dumphy case; statements that have come out in chronological order; and news media coverage in chronological order because it will be helpful in establishing a basis for what the Council is going to be listening to. Discussion followed, and a motion was made by Council Member Rhodes to adopt the rules and procedures outlined by City Attorney Hal George. The motion was seconded by Council Member Pruet and passed unanimously. * * * * * * * * * * * * Mayor Turner called for Council liaison and other reports. Botanical Gardens - Council Member Slavik inquired when the waterline will be put in, and Director of Engineering, Victor Medina, replied the work order has been issued, and it will probably be another two weeks. Downtown Revitalization - Council Member Berlanga reminded the Council about the Press Conference at 11:00 a.m. and the Retreat at 1:30 p.m. at the Hershey Hotel on Wednesday, October 28. Port Authority - Mayor Pro Tem Rhodes read a report, copies of which she will provide to the Council. Convention and Visitors Bureau - Council Member Pruet informed the Council that they had an exceptional retreat, and he will provide the Council a written summary of their findings. Mr. Pruet asked for Council consideration to work with Council Member Berlanga in developing a program to invite the business leaders from Laredo for a reciprocal exchange of ideas. Mayor Turner appointed a Task Force of two, Council Members Berlanga and Pruet, to work together on the above matter. Mayor Turner referred to the typhoon in our Sister City in Keelung, Taiwan. She stated that she did not yet know the status but was checking to determine whether the City of Corpus Christi could be of any assistance there. nutes ..egular Council Meeting October 27, 1987 Page 13 Council Member Strong requested Council consideration to reconsider the excavation ordinance which had been tabled at its third reading until a lawsuit was resolved. She stated that the court case is over and the Planning Commission has approved the ordinance. A motion was made by Council Member Strong to remove from the table and to reconsider the excavation ordinance; seconded by Mayor Pro Tem Rhodes and passed unanimously. * * * * * * * * * * * * * Mayor Turner called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Steve Morales, lead petitioner in the Frank Mendez case, inquired if the state law prevails over the local law, and City Attorney George replied generally speaking, that is the general rule of law. Mr. Morales stated he thought the petition was a motion. He inquired if the Mayor will be one of nine, and Mayor Turner replied she will preside over the hearing, but that the majority of the Council rules. Mr. Morlales requested access to all of the information that the City Attorney has within a reasonable period of time before the hearing. He requested that the City Council appoint a special Counsel for the hearing. He informed the Council that he will mail them a series of questions that will be asked before the hearing. He stated that November 10 was not convenient for him and requested that the hearing be set for November 17. Council Member Strong stated she would be out-of-town on November 17th, and the Council and Mr. Morales agreed to hold the hearing on the 24th of November. Mr. Bennie Benavides, expressed concern regarding the constitutional rights of Council Member Mendez, and that the City is not violating the double jeopardy law. He stated that he did not think it is fair that Mr. Mendez be tried by two processes. Mr. Philip Rosenstein, 949 Bobalo, spoke in opposition to pari-mutuel betting and presented the Council pamphlets on dog and horse racing. He challenged the Council's right to not allow him to hang up a banner in the Council Chambers, and stated his major complaint is about some of the Council Members using their position to sway the public on pari-mutuel betting. Mr. John Jordan, 1466 Casa del Oro, spoke in opposition to appointing a Special Prosecuter in the Frank Mendez case. There being no further business to come before the Council, a motion was made by Council Member Guerrero; seconded by Council Member Berlanga; and passed unanimously that the meeting be adjourned at 11:37 a.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 October 27, 1987, which were approved by the City Council on November 3, 1987. WITNESSETH MY HAND AND SEAL, this the f3 day of 724-2. / 9 7 Armando Chapa, City Secretary City of Corpus Christi ¥etty Tudiier, MAYOR