HomeMy WebLinkAboutMinutes City Council - 11/10/1987PRESENT
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 *
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
NOVEMBER 10, 1987
2:00 p.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 was given by Reverend Evan Henderson, a Missionary with the
Assembly of God Church, following which the Pledge of Allegiance to the Flag of
the United States was led by Council Member Slavik.
A motion was made by Council Member Slavik that the Minutes of the Regular
Council Meeting of November 3, 1987 be approved as presented; seconded by
Council Member Moss and passed by those present; Guerrero and Strong absent at
the time the vote was taken.
* Council Member Strong arrived at the meeting at 2:05 p.m.
* * * * * * * * * * * * *
Mayor Turner acknowledged Mr. Rick Stryker, Director of the Corpus Christi
Museum, who introduced Mr. Charles Thomasson, incoming Chairman of the Museum
Advisory Board for the next year, and Mr. Tom Henderson, past Chairman of the
Museum Advisory Board. Mr. Henderson recognized other members of the Museum
Advisory Board and introduced Mr. John Dykema, of Bright and Dykema Architects,
Inc. who gave a presentation on the Museum Expansion Design.
Mr. Dykema presented a model and plans of the proposed facility and stated
that they will be ready for construction bids shortly after the first of the
year; construction should begin in June; and it will take about nine months to
complete the expansion.
* * * * * * * * * * * * *
MICROFILMED
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Regular Council Meeting
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Judge Rudy Tamez presented a Status Report on the Municipal Court Work
Release Program. Judge Tamez stated that approximately 60 defendants have been
placed on the Work Release Program from August 25, 1987 to October 14, 1987, and
there are five worksites that they are presently using - 1. Oso Water
Reclamation Plant; 2. Marina Department; 3. Police Department Car Pound; 4.
Animal Control; and 5. Municipal Court. He stated that the City Jail does use
prisoners as trustees to clean the City Jail. Judge Tamez recommended the
following revisions to the City Code of Ordinances which would help the Court to
fully utilize the Work Release Program: 1. Adding the phrase "or plea of guilty
or no contest" after the phrase "When a person is adjudged guilty and sentenced
to pay a fine upon trial" found in Section 29-28 Subsections I and II; 2.
Expanding the types of work a defendant may perform to include performance of
general office work; 3. Changing the per day credit from $45.00 per day to a
minimum of $45.00 per day; 4. Changing the provisions that allow a defendant who
is required to be confined or confined and work to request the termination of
such confinement or confinement and work from the officer having custody to
requesting such termination from a judge.
Mayor Turner recommended a 5th revision which would be to include placement
in non profit agencies.
A motion was made by Council Member Slavik to place the aforementioned
revisions on the agenda for next week; seconded by Mayor Pro Tem Rhodes and
passed unanimously.
* * * * * * * * * * * * *
Mayor Turner administered the Oaths of Office to the following appointees:
Derwood Anderson - Mechanical Advisory Board; Ramiro Gamboa - Board of
Adjustment; Dennis Trevino - Park & Recreation Board; and James Tait - Senior
Community Services Committee.
* * * * * * * * * * * * *
Mayor Turner announced the bid opening on the I.H. 37 Utility Relocations,
Phase B. project.
Mr. James K. Lontos, Assistant City Manager, opened bids on the project
from the following firms: B. R. H. - Garver, Inc.; Cat Contracting, Inc.;
Garney Companies, Inc.; George M. Construction; Isles Engineering &
Construction, Inc./King Co.; Jalco, Inc.; J & B Contractors dba South Texas
Utility Contractors, Inc.; W. T. Young Construction Co., Inc.; and F. & E.
Erection Co. Mr. Lontos verified that all companies submitting bids had
submitted the required security bond and acknowledged receipt of the addendum,
with the exception of George M. Construction who did not acknowledge receipt of
the addendum.
Mayor Turner expressed appreciation to the bidders for submitting bids on
the above project.
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Mayor Turner called for consideration of Consent Motions 1 thru 3.
1. M87-0367
Approving the allocation of arts support funds in the amount of $136,533 to
23 art organizations and authorizing the transfer of $20,000 from the
General Fund budget Arts Commission activity to the Permanent Art Trust
Fund as recommended by the Municipal Arts Commission; and approving a
contract in the amount of $28,000 with the Corpus Christi Arts Council.
2. M87-0368
Authorizing the City Manager or his designee to submit a grant application
for the Corpus Christi Public Library to the U.S. Department of Education
(Library Services and Construction Act Title VI: Library Literacy Program)
in the amount of $25,000 and to execute all related documents. The funds
will be used to provide a part-time volunteer tutor coordinator for the
Corpus Christi Literacy Council.
3. M87-0369
Approving a supply agreement for commercial and automotive batteries to
Power Mate Manufacturing Company based on the low bid of $22,357.73. 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. The batteries will be used by the
Maintenance Services Department and the Fire Department.
Ms. Jane Kratzig, Chairman of the Literacy Council, gave a brief update on
the Literacy Council and its programs since it was appointed by the Council in
1986. She introduced Ms. Dodie Hummel, Executive Director of the Literacy
Council, who presented information to the Council and stated that there is an
average of about four students a day who call in and ask for help.
Council Member Guerrero expressed concern about the general maintenace of
the library, both inside and outside.
A motion was made by Council Member Strong to approve Motions 1 thru 3;
seconded by Council Member Slavik and passed unanimously by those present and
voting; Pruet absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Resolutions, Ordinances
and Ordinances from previous meetings.
In reference to Item No. 4 concerning approval of a Contract with M. E.
Allison & Co., Inc. for Financial Advisory Services, Mayor Pro Tem Rhodes
inquired if there is anyone on Staff who has expertise to handle this, and City
Manager McDowell stated that this is the financial advisor the City needs as
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Staff prepares to talk to the rating agencies; it is someone the City does not
have on Staff; M. E. Allison has done this work for the City for a number of
years; and they have the expertise and are familiar with the bond markets and
the rating agencies.
Council Member Slavik inquired about the amount of the second installment
bond sale, and Mr. McDowell replied it is about $8.2 million authorized by the
Council plus some additional funds to equal about $11 million. Mrs. Slavik
inquired about the bottom line figure for M. E. Allison, and Mr. McDowell
replied that the fee for this particular bond sale would be approximately
$22,000.
Council Member Mendez inquired if the Staff has ever considered acquiring
financial expertise from other groups, and Mr. McDowell replied the City has
more than one financial advisor; we have found them to be very satisfactory; we
have confidence in them; and we need some consistency in our financial advice.
In reference to a question from Council Member Moss on Item No. 5
concerning the Agreement for the Art Work for the Atrium Floor of City Hall, Mr.
McDowell stated that this will not affect the closing date of the construction
of City Hall.
In reference to Item No. 6 concerning the agreement with the State
Department of Highways & Public Transportation relative to the City's
participation in the reconstruction of Padre Island Drive, Oso Bay to Laguna
Madre, Council Member Slavik inquired if the $600,000 is the only payment that
the City is expected to make on this project, and Mr. McDowell replied that
figure is the City's portion of the participation.
Council Member Moss inquired if there will be any assessments on property
owners, and Mr. McDowell replied in the affirmative.
In reference to Item No. 7 concerning the
Improvements, Ms. Cherie Halliday, 14224 Playa del
lived in the City for six years and has no sewers, no
street lights, no sidewalks, no gas, and no gutters.
her taxes; she thinks that is called taxation without
1986 Minor Storm Sewer
Rey, stated that she has
City streets, no cable, no
She stated that she pays
compensation; and that she
deserves a refund. She stated that the Council gives more time and money to
exciting things.
City Manager McDowell stated that in reference to the sewers, the City is
waiting to acquire a piece of property for a lift station before they can
commence with the sewer project, and that Athena Cablevision is beginning the
cable on the Island.
Mayor Turner requested the Staff to provide Ms. Halliday with something in
writing pertaining to the other issues she mentioned.
In reference to Item No. 8 concerning the Sanitary Sewer Rehabilitation,
Phase I (Saxet Heights Area) project, Council Member Moss inquired if there will
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be assessments to reimburse the City for these connections, and Victor Medina,
Director of Engineering, replied there will no assessments to the sewers, and
Mr. McDowell stated it will come out of the bonds; and they will pay the monthly
fee once they are connected.
In reference to Item No. 12 pertaining to the City's investment policy,
Council Member Moss referred to the fact that City employees are charged a fee
to cash their checks at the depository bank if they do not have an account
there.
After discussion on the above item which was not related to the item on the
agenda, Assistant City Manager Garza gave a brief explanation of the service
contract with the bank. He explained in detail that by not including the check
cashing service in the depository agreement, the City will save approximately
$20,000.
It was the consensus of the Council that the Mayor write a letter to the
bank president encouraging them to change their policy.
Concerning the City's investment policy, Council Member Berlanga inquired
under what policy the City invested before, and Mr. McDowell replied this is the
same policy with some new regulations which need to be officially adopted.
Council Member Slavik inquired about the average interest rate that the
City received this year, and Debra Andrews, Finance Director, replied that the
interest rates have been fluctuating, and for the month of October the low rate
the City received was 6.22 percent and the high rate was 8.23 percent.
In answer to a question from Mrs. Slavik, Ms. Andrews stated that the cash
management program has been maintained very well; the City is now keeping all
their balances invested; and she thought the program is very well run.
Assistant City Manager Garza gave a brief explanation on how the City's
investment program is designed.
In reference to Item No. 13 concerning the Airport Advertising Concession,
Council Member Guerrero inquired about the income the City receives from this
agreement and if Staff has considered other companies.
City Manager McDowell stated he will provide the figure for Mr. Guerrero
and that he did not know if Staff looked at other operations.
Mr. Guerrero made a motion to withdraw this item for one week to have an
opportunity to see what the income is and whether the City can renegotiate the
contract.
Mr. McDowell stated this agreement is a renewal option based on the
existing contract, and in answer to Mr. Guerrero's question, he explained the
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contract and stated that the City will receive fifty percent of the gross
receipts arising from this agreement, and Mr. Guerrero withdrew his motion.
In answer to a question from Council Member Slavik, Mr. McDowell stated
that this is an existing contract and does not have to go before the Airport
Advisory Board.
Mr. Philip Rosenstein, 949 Bobalo, stated that if an individual cashes a
check at his bank, he would not be charged and that all that is required is for
him to show identification. He stated that several banks in Corpus Christi have
that policy.
In reference to Item No. 15 concerning amending Zoning Ordinance No. 887-3
- Mr. Ben L. Herndon: "B-1" to "B-4", Mr. James McElroy, Owner of AA Auto Air
Conditioning, stated that he leases his shop from Mr. Ben L. Herndon. He
presented material to the Council and requested the Council to grant them the
Special Permit. He stated that they are not asking for a full service shop,
just a small repair to go along with the auto air conditioning.
In answer to a question from Mayor Pro Tem Rhodes, Planning Director Larry
Wenger stated that, in his opinion, if the auto repair was in relation to fixing
the air conditioning of the car, he would have no objections to the Special
Permit.
Mr. McElroy explained that it will be a small repair shop to make the air
conditioning work properly.
Council Member Strong stated that they need to have enough car repair
ability in their shop so that they can do the kind of air conditioning work they
need, and that the conjunction of those two is not an unreasonable request. She
noted that they want to do what it takes to make their air conditioning business
a success.
Discussion followed, and Ms. Barbara Cline, 921 Dorthy, a property -owner in
the area, spoke in opposition to the proposed amended zoning. She stated that
neighbors are opposed to the original application of the "B-4" zoning; she does
not know what kind of work they will be doing there next week; and she does not
want Airline to be a junky looking street. She noted that she opposes the
garage, but not the air conditioning repair.
Mr. Ben Herndon, Jr., son of the applicant, gave a brief explanation of all
the uses that have operated from that property since his father purchased it.
Mr. Herndon noted that Mrs. Cline is strongly opposed to "B-4" zoning but at the
Planning Commission Meeting she was not opposed to the air conditioning repair.
He stated that he has no problem with the screening fence and that it will
eliminate some of the noise level. He noted that Mr. McElroy wants to work with
everyone on this, including Mrs. Cline.
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Mr. Benjamin Epperson, 841 Drexel, spoke in opposition to the amendment and
stated that he is not opposed to the air conditioning repair but he is opposed
to the garage because they will then be able to put a lift out front and will
detract from the beauty of Airline.
In answer to a question from Mayor Pro Tem Rhodes, Mr. Epperson stated he
would not be opposed to an auto repair connected with the air conditioning that
would prohibit the lift.
A motion was made by Mayor Pro Tem Rhodes to amend No. 15 and grant them a
Special Permit for an auto repair service connected with an air conditioning
repair shop with a screening fence. The motion was seconded by Council Member
Strong.
Council Member Pruet added an amendment to the above motion to change the
hours of the shop from 8 to 6, rather than 8 to 8. His motion was seconded by
Council Member Guerrero.
The motion and the amendment to the motion were passed unanimously.
City Secretary Chapa polled the Council for their votes and the following
were passed:
4. RESOLUTION 20057
AUTHORIZING THE EXECUTION OF A CONTRACT WITH M. E. ALLISON & CO., INC. FOR
FINANCIAL ADVISORY SERVICES IN CONNECTION WITH THE FINANCIAL PLANNING FOR
THE REMAINING INSTALLMENTS OF THE $106,365,000 CAPITAL IMPROVEMENT PROGRAM.
The foregoing Resolution passed by the following vote: Turner, Rhodes,
Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye."
5. RESOLUTION 20058
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BILL WILHELMI AND GREG
REUTER FOR THE COMMISSIONING OF A PERMANENT WORK OF ART FOR THE ATRIUM
FLOOR OF THE NEW CITY HALL; AND APPROPRIATING $15,000.
The foregoing Resolution passed by the following vote: Turner, Rhodes,
Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye."
6. RESOLUTION 20059
AUTHORIZING THE EXECUTION OF AGREEMENTS WITH THE STATE DEPARTMENT OF
HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE CITY'S PARTICIPATION IN THE
RECONSTRUCTION OF PADRE ISLAND DRIVE FROM THE OSO BAY TO THE LAGUNA MADRE;
AND APPROPRIATING $607,475.61.
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The foregoing Resolution passed by the following vote: Turner, Rhodes,
Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye."
7. RESOLUTION 20060
APPROPRIATING $12,848.41 FROM THE 511 STORM SEWER BOND FUND FOR FINAL
PAYMENT TO THE CONTRACTORS, BACKHOE LEASE SERVICE, INC. AND FOR ADDITIONAL
ENGINEERING CHARGES INCURRED DURING THE CONSTRUCTION PHASE, APPLICABLE TO
PROJECT NO. 511-86-1.1, 1986 MINOR STORM SEWER IMPROVEMENTS.
The foregoing Resolution passed by the following vote: Turner, Rhodes,
Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye."
8. RESOLUTION 20061
APPROPRIATING $27,280 FROM THE 501 SANITARY SEWER BOND FUND FOR CHANGE
ORDER NO. 2 FOR ADDITIONAL SANITARY SEWER SERVICES TO RESIDENTS NOT
PREVIOUSLY SCHEDULED FOR NEW SERVICES IN THE SAXET HEIGHTS AREA OF THE
CITY.
The foregoing Resolution passed by the following vote: Turner, Rhodes,
Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye."
9. RESOLUTION 20062
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO
PARCEL 1 FOR THE PARK ROAD 22 UTILITY ADJUSTMENTS PROJECT AND TO ACQUIRE
SAID PARCEL FROM THE OWNERS, MR. AND MRS. ROBERT W. McMAHON.
The foregoing Resolution passed by the following vote: Turner, Rhodes,
Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye."
10. RESOLUTION 20063
APPROPRIATING $5,403 FROM THE 532 PUBLIC HEALTH AND SAFETY BOND FUND FOR
ACQUISITION OF PARCEL 13 BY CONDEMNATION FOR THE POLICE STATION EXPANSION
PROJECT.
The foregoing Resolution passed by the following vote: Turner, Rhodes,
Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye."
11. RESOLUTION 20064
APPROPRIATING $1,750 from the 250 SANITARY SEWER BOND FUND FOR ACQUISITION
OF PARCEL 1 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."
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12. RESOLUTION 20065
ADOPTING WRITTEN POLICIES FOR THE INVESTMENT OF PUBLIC FUNDS; ESTABLISHING
STANDARDS AND OBJECTIVES; AND PROVIDING EXPRESSED AUTHORITY FOR INVESTMENT
MANAGEMENT.
The foregoing Resolution passed by the following vote: Turner, Rhodes,
Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye."
13. RESOLUTION 20066
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ACKERLY AIRPORT ADVERTISING,
INC. FOR THE RENEWAL OPTION PERIOD TO PROVIDE ADVERTISING SERVICES AT
CORPUS CHRISTI INTERNATIONAL AIRPORT.
The foregoing Resolution passed by the following vote: Turner, Rhodes,
Berlanga, Guerrero, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye."
14. ORDINANCE 20067
CLOSING AND ABANDONING THE 10 FOOT WIDE UTILITY AND DRAINAGE EASEMENT IN
LOT 2, BLOCK 1, FORUM MALL SUBDIVISION, 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."
15. ORDINANCE 20068
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF BEN L. HERNDON BY
GRANTING A SPECIAL COUNCIL PERMIT FOR AN AUTO REPAIR AND AUTO AIR
CONDITIONING SHOP ON LOT 24 AND A PORTION OF LOT 25, BLOCK 6, KOOLSIDE
ADDITION; 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."
Mayor Turner called for consideration of Items 16 thru 18.
In reference to Item No. 17 concerning the Creation of an Industrial
District, Mayor Turner stated that she thinks it is premature; it is
counterproductive; and will discourage any new activity in that particular area.
Council Member Slavik inquired if anyone from the energy industry was
consulted about this, and City Manager McDowell replied that the state statute
was negotiated by the industry and the cities and passed by the legislature. He
stated it was an agreement reached by all parties; the City needs revenue; it
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would not work a hardship on the industry per se; and he does not think it will
discourage new activity in the area.
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:
16. FIRST READING
AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES BY DELETING THE WHOLE OF SAID
CHAPTER 19 AS NOW WRITTEN AND REWRITING CHAPTER 19, FOOD AND FOOD
ESTABLISHMENTS, TO COMPORT WITH TEXAS DEPARTMENT OF HEALTH RULES FOR FOOD
SERVICE SANITATION AND RETAIL FOOD STORE SANITATION; AND ADDING PROVISIONS
TO CLOSE A FOOD ESTABLISHMENT UPON A THIRD REGULAR INSPECTION WHICH RESULTS
IN A SCORE OF 69 OR BELOW; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
The foregoing Ordinance was passed on first 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.
17. FIRST READING
CREATING AN INDUSTRIAL DISTRICT IN THE GULF OF MEXICO PURSUANT TO SECTION
11.0131 OF THE TEXAS NATURAL RESOURCES CODE AND ORDINANCE NO. 15898, AS
AMENDED, WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS
CHRISTI, TEXAS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance was passed on first reading by the following vote:
Rhodes, Berlanga, Mendez, Moss, Pruet, Slavik and Strong voting, "Aye";
Turner voting, "No"; Guerrero absent at the time the vote was taken.
18. SECOND READING
AMENDING THE ZONING ORDINANCE BY ADDING A NEW ARTICLE 27B, LANDSCAPE
REQUIREMENTS; BY AMENDING ARTICLE 13, "B -2A" BARRIER ISLAND BUSINESS
DISTRICT REGULATIONS, SECTION 13-2(4); BY AMENDING ARTICLE 13, "B -2A"
BARRIER ISLAND BUSINESS DISTRICT REGULATIONS, SECTION 13-5, BY DELETING
SUBSECTIONS 13.5.02 AND 13.5.03; BY AMENDING ARTICLE 14, "B-2" BAYFRONT
BUSINESS DISTRICT REGULATIONS BY AMENDING SECTION 14-2(4); PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance was passed on second 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.
* * * * * * * * * * * * *
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Mayor Turner opened the Assessment hearing for Sidewalk Improvements on
Everhart Road, Wooldridge Road, and Patton Street which indicates assessments of
$24,790.99 on 29 items.
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.
Mr. Medina explained the project to the Council and stated that the low bid
was submitted by A. Ortiz Construction & Paving Company, and that it would take
25 working days to complete the project.
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, both residential and commercial; he is familiar
with the project; he has examined each parcel; he has examined the assessment
roll and is familiar with the amounts. 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 comments from the audience.
A motion was made by Council Member Mendez to close the public hearing;
seconded by Mayor Pro Tem Rhodes and passed unanimously.
Mr. George stated that the Ordinance will be forthcoming next week.
Mayor Turner recessed the Council Meeting at 4:15 p.m. to conduct the JTPA
Executive Committee Meeting.
* * * * * * * * * * * * *
Following the meeting of the JTPA Executive Committee Meeting, Mayor Turner
reconvened the Regular Council Meeting and called for Council Liaison and other
reports.
Boat Pass - Council Member Strong informed the Council that a hearing is
scheduled before the School Land Board on Tuesday, November 17 in connection
with the Boat Pass. She stated that she will have a report for the Council
following the hearing.
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Botanical Gardens - Council Member Slavik issued an invitation for the
Council to attend a mixer and show at the Botanical Gardens at 4:00 p.m. on
Thursday, November 12.
Downtown Revitalization - Council Member Berlanga reminded the Council that
the Farmers Market will officially open in the downtown area on Wednesday at
11:30 a.m. at its temporary location at the Sheraton Marina Inn parking lot. He
stated that eventually it will be conducted at another location and will
continue to operate two days a week.
Mayor Turner informed the Council that a very good meeting had been
conducted with the Chairman of the City's Boards and Commissions the preceding
Tuesday evening.
Council Member Strong referred to the notice from City Manager McDowell in
regard to the suggested date of November 17 for the dedication of the Flour
Bluff Fishing Pier. She stated that she had been very interested in this
project; she will be out of the City on that date; and if the Council concurs,
she would like to have the dedication the following week.
City Manager McDowell noted that the dedication of
could be conducted on the same date and noted that
satisfactory for both dedications. The Council did not
to this date.
renaming of Bock Park
November 24 would be
express any opposition
Mayor Pro Tem Rhodes informed the Council that she had discussed with
Personnel at Channel 3 Television the Balustrade that is located on the hill and
stated that they are willing to coordinate publicity and painting activities by
various citizens similar to Operation Paintbrush.
City Manager McDowell stated that this project is in the current Bond
Program. Mayor Pro Tem Rhodes reiterated that Channel 3 is willing to advertise
the project.
Mayor Pro Tem Rhodes then referred to the letter from Texas Municipal
of Texas, Sierra
et al and asked
and Mr. McDowell
financial burden
with that issue,
Council direction
League in regard to TML's intervention in Sportsmen's Clubs
Club and Environmental Defense Fund versus Dick Whittington,
about TML's position in their intervention in this lawsuit,
explained that TML is on the side against EPA because of the
that will be placed on cities. He stated that in connection
they requested what will amount to about $9,000 and he needed
on that issue.
week.
Mayor Turner stated that this should be on the agenda for discussion next
Mayor Pro Tem Rhodes inquired if the City could do anything about
delinquent taxes, and Mr. McDowell explained how delinquent taxpayers are
pursued. He noted that most of those companies who owe large amounts are in
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,regular Council Meeting
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bankruptcy at this time. He explained the procedures followed in contacting the
legal firm which makes every effort to collect the delinquent taxes.
Council Member Berlanga referred to a Resolution that was on the agenda the
preceding week authorizing the purchase of Parcel 16 for the Aquarium site. He
stated that he voted on the affirmative side, and after obtaining more
information he has many questions and he would like to have this item
reconsidered. Council Member Berlanga then made a motion to reconsider Item No.
5 from the agenda of November 3, 1987. The motion for reconsideration was
seconded by Council Member Slavik.
City Manager McDowell explained that the motion can be adopted today, but
since it is not on the agenda, no action can be taken because it was not posted,
but the subject may be discussed.
City Attorney George suggested that in view of the fact that the City is in
the process of purchasing property in that area that careful consideration be
given to the discussion of the item, noting that discussion in open session
might hamper the Staff's efforts to purchase the land.
Council Member Guerrero questioned the purchase of the property, noting
that it was his understanding that the City purchased property that they already
owned, which was the property acquired by the propertyowner at the time Canal
Street was closed with conditions, and he also stated that obviously the City
purchased the property without authorization from the City Council. Mr.
Cuerrero expressed concern that the Council would not have known anything about
this if they had not been alerted by citizens in the community.
City Attorney George assured the Council that he was satisfied that the
purchase of the property was proper for the Council to act on and he was
convinced that proper procedures were followed.
Mr. Guerrero pointed out that when the Council initially approved land to
be purchased for the Aquarium site, this Parcel 16 was not shown on the map
attached to the Ordinance and he wanted to know why that parcel was added to the
list to be acquired.
City Manager McDowell stated that Parcel 16 was included in the agreement
with the Aquarium Association and explained that it was later added to the
contract with the Aquarium Association at their request.
Council Member Guerrero inquired as to who made the decision to include
that piece of property without Council authorization, and Mr. McDowell stated
that he did not know, but he believed it was added by the Staff at the request
of the Aquarium Association. He stated that the Staff received a letter from
Mr. Arthur Zeitler asking that Parcel 16 be included in the land purchases.
Council Member Guerrero again asked how this parcel was added to the list
of parcels to be acquired.
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Negular Council Meeting
November 10, 1987
Page 14
Council Member Slavik indicated her concurrence with Mr. Guerrero's
concerns and pointed out that the map attached to Ordinance No. 19619, passed by
the City Council in January of 1987, did not show Parcel 16 as the land to be
acquired. She noted that this also authorized the agreement with the Aquarium
Association. She inquired as to why that Ordinance was not brought back to the
Council to be amended and also inquired which individual on the Staff approved
this without Council approval.
City Manager McDowell referred to Resolution No. 19941, passed by the City
Council on August 25, 1987, and stated that Parcel 16 was listed in that
Resolution which authorized condemnation procedings for the acquisition of all
of the parcels. He reiterated that this was at the request of Mr. Zeitler. Mr.
McDowell then referred to the reference to Canal Street and agreed that the
street was not replatted as was required in the Ordinance authorizing the
closure of Canal Street. He concurred that there was a requirement that the
street must be platted before it was officially closed but pointed out that
there was no time limit as to when the replatting had to occur.
Mayor Turner
Street portion of
City Manager
Ordinance subject
was no time frame
inquired if the City has a contract that shows that
the property actually "changed hands."
McDowell again explained that the City abandoned the
to the abutting property owners replatting the land,
as to when it had to be replatted.
the Canal
street by
but there
Council Member Guerrero inquired about who is responsible for the
replatting of the property, and Mr. McDowell stated that the owner was. Mr.
Guerrero continued by stating that the owner obviously did not feel that it was
necessary to replat the property until yesterday. He then inquired about the
situation of an unplatted piece of property when it is sold, and Mr. McDowell
stated that the land cannot be developed until it is replatted. Mr. Guerrero
again questioned why the plat was only signed yesterday afternoon. He also
stated that it had always been his understanding that one cannot sell property
that has not been replatted, yet the City went thru with the sales transaction
without the property being replatted.
Mr. Victor Medina, Director of Engineering, explained that the City
purchased a parcel of land from Mr. Murray; Mr. Murray informed them that he
also owned Canal Street; and the Staff made arrangements to purchase that as a
part of the parcel. Mr. Medina stated that he had approved the replat after
problems with a utility line were resolved yesterday afternoon.
Mr. Guerrero stated that at that point, the Council had already approved
the purchase of the parcel even though the property had not been replatted and
obviously the City purchased that property illegally.
Council Member Slavik pointed out that in January of 1987, at the time the
Ordinance approving the agreement with the Aquarium Association was adopted,
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Regular Council Meeting
November 10, 1987
Page 15
Parcel 16 was not included on the map that was a part of that Ordinance, yet in
May it is shown as a piece of property to be acquired.
Mr. McDowell pointed out that the Council authorized the aquisition of that
parcel by approving the Resolution authorizing eminent domain procedings. He
also pointed out that the City abandoned Canal Street before the site was
selected for the aquarium.
Mayor Pro Tem Rhodes inquired if the Aquarium Association actually wants
this piece of property, and Mr. McDowell replied in the affirmative. Mrs.
Rhodes continued by stating that the Council needed a clearer answer as to
whether the City owned that street at the time of the sale because it had not
been replatted. She stated it was her understanding that it was appraised too
high because she had talked with an attorney who informed her that in appraising
property, enhancement because of future use should not be considered when
property is being appraised, as was stated by Mr. George Moff.
City Attorney George stated that he felt that Mr. Murray has title to the
street area once he replats the property, but Mrs. Rhodes interjected that the
City purchased this property when it was not replatted and asked why. Mr.
George explained that it is just a matter of clearing the title. Mrs. Rhodes
summarized by stating that the issue is whether the City is paying too much for
that property.
Mr. George stated that he is convinced that the appraisal was not based on
project enhancement
Mayor Pro Tem Rhodes inquired if this discussion is irrelevant, or has the
City already given Mr. Murray a check. Mr. McDowell responded that the City has
not given Mr. Murray a check. Mrs. Rhodes then inquired if the City could not
obtain another appraisal, or if the City has already purchased the property.
City Attorney George stated that he did not know whether or not the owner
of the property might file a lawsuit if the contract with him is not upheld. He
expressed the opinion that any future appraisal probably will be higher then
this amount and stated that that appraisal would become a part of condemnation
proceedings if that became necessary.
Council Member Pruet inquired if the fact that the replat was not limited
to a certain time frame is customary, and Mr. McDowell stated that he believes
that it is. Mr. Pruet then inquired if it is customary to obtain two
appraisals, and Mr. McDowell stated that normally the City only obtains one
appraisal. Mr. Pruet stated that he did not know what the question was if the
Council agreed in August to acquire this property.
Council Member Slavik stated that all qualified appraisers can make
mistakes. Mrs. Slavik then began quoting comparisons on Parcel 16 to other
parcels that evidently had different appraisals, and City Attorney George
interrupted her and stated that that is confidential information.
.nutes
Regular Council Meeting
November 10, 1987
Page 16
Council Member Slavik referred to the statement by Mr. George that there is
nothing that can be done about the appraisal; she stated that she did not agree
with Mr. George; she felt that there could be a mistake on this appraisal; and
she did not think it was out of line to have another appraisal.
Mayor Pro Tem Rhodes inquired about the reason for doing this if the City
has already purchased the property.
Council Member Guerrero expressed the opinion that there is a necessity to
correct the system if the Council is allowed to let this purchase slide thru and
stated that it is very unfortunate that the Council is not provided with correct
information to make the proper decisions and have to have citizens bring it to
their attention when something is wrong.
Council Member Pruet inquired as to what was wrong, and Mr. Guerrero stated
that there was a requirement that Canal Street be replatted and this was not
done until Monday afternoon after the Council voted to purchase the property.
Council Member Berlanga agreed that it was probably too late to do anything
about this but inquired again who authorized Mr. Zeitler to demand that this
property be purchased. He stated that he felt that there is a need to have
another appraisal to determine whether or not the City paid too much for that
land. He stated that even if the procedure cost the City money, they should get
that information, and if the Staff does not provide the information for them to
make the correct decision, then the system needs to be changed.
Council Member Berlanga repeated his earlier motion that Item No. 5 from
the November 3, 1987 agenda be reconsidered. The motion was seconded by Council
Member Slavik and failed to pass by the following vote: Berlanga, Guerrero,
Slavik voting, "Yes"; Turner, Rhodes, Mendez, Moss, Pruet and Strong voting,
"No."
* * * * * * * * * * * * *
Mayor Turner called for petitions or information from the audience on
matters not scheduled on the agenda.
Mr. Jesse Smith, 122 Riverdale, expressed appreciation to Mayor Turner for
her continued participation at Veterans functions and her delegation of Council
Members to attend the meetings. He provided historical information in regard to
the establishment of Veterans Day on November 11, noting that in it in honor of
veterans of all wars. He invited the Council to attend the political ceremonies
to be conducted in Sherill Park on November 11, 1987 at 10:30 a.m.
Mr. J. E. O'Brien, 4130 Pompano, addressed the issue of the property
acquisition for the aquarium. He stated that the issue is not the purchase of a
piece of property; the question is who is running this City - the City Staff or
the City Council. He pointed out that Ordinance No. 19619, passed by the City
Council in January of 1987, authorized the agreement with the Aquarium
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xegular Council Meeting
November 10, 1987
Page 17
Association and contains a color -coded map which shows the property that the
City plans to acquire for the aquarium site. He stated that this map does not
show Parcel 16. He stated that other maps in the interim period did not show
Parcel 16, yet the map dated May 26 does show the Murray property as land to be
acquired. He asked the Council who approved putting that Murray property on
the land acquisition map. He also provided information in regard to the replat
of the Canal Street property, informing the Council that Mr. Murray applied in
January of 1985 for the approval of the replat; he then withdrew that
application; he reapplied in May of 1987, thirty days after the James Conn Canal
Street property on the other side was acquired by him. He stated that the
replat was considered by the Planning Commission on July 22 at which time they
did not approve the replat, and subsequently on August 11 of 1987, the Planning
Department sent the plat to the Engineering Department where it has remained
until yesterday afternoon. He stated that it was his understanding that the
Engineering Department had a problem with the sewer line thru the property, yet
yesterday afternoon when he started investigating in several offices in City
Hall, the plat was suddenly approved.
Mr. O'Brien stated that he felt that this issue should be examined very
very closely and he felt that the City Council should consider drastic action
against the Staff members for making a decision on this issue. He also stated
that because of actions such as this, he thought that the City Council should
employ their own attorney who is responsible only to them.
Council Member Slavik stated that she is very concerned about this
situation and she would, therefore, like to call for a closed session to discuss
the material that Mr. George asked her not to reveal.
Mr. George stated that obviously there is a possible litigation problem and
it could legally be considered in a closed session, but the Council must comply
with the Open Meetings Law which requires that at least two hours' notice be
given prior to the beginning of a meeting that a closed session will be
conducted.
Council Member Slavik then made a motion that the Council convene in closed
session next Tuesday to discuss the acquisition of property.
Council Member Guerrero pointed out that the Council could go into closed
session that night at 8:30 p.m. because there is a pending check for $60,000
involved, and Mr. McDowell stated that he supposed that this could be done.
Council Member Guerrero inquired if Mr. McDowell would wait until after the
closed meeting next Tuesday to issue the check for this property.
Mr. Guerrero seconded the motion to conduct a closed meeting next Tuesday.
The motion failed to pass by the following vote: Berlanga, Guerrero, Mendez,
and Slavik voting, "Aye"; Turner, Rhodes, Moss, Pruet and Strong voting, "No."
A motion was made by Council Member Guerrero that the sales transaction be
delayed for one week until more answers are obtained from the Staff.
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Regular Council Meeting
November 10, 1987
Page 18
Further discussion followed among the Council and the Staff in regard to
whether or not anything would be accomplished, and the motion died for lack of a
second.
Addressing the Council on another subject was Mr. Tony DeAmaco, owner of
Texas Riviera Limousine Service, who objected to the parking assignments for
limousine taxicabs that the Airport Board has recommended. He expressed the
opinion that the Limousine Service would be adversely affected by the change
proposed because his limousine has been moved out of the marketing area and his
revenues will be greatly reduced. He requested that the City Council review the
Board's recommendation and ask the Staff to reconsider the proposed change in
parking.
Further discussion followed, and Council Member Slavik pointed out the need
for the Limousine Service which is very important and asked for a Staff report
in writing to answer his questions.
City Manager McDowell pointed out that many modifications have been made at
the airport; the City is now charging the taxicabs a fee; courtesy vans have now
been given a parking place; and the Airport Board has attempted to address some
of the questions in regard to ground transportation.
Council Member Slavik inquired if there was a time limit for a trial
period, possibly nine months, and Mr. McDowell stated that he felt sure that the
parking arrangement would be monitored. He stated that the problem is that
there is a distance requirement in the City's agreement with the Limousine
Service and that is the reason for change.
Mr. DeAmaco interjected that one of the City attorneys has indicated that
he did not feel that the distance requirement in the ordinance was actually
being interpreted correctly. He stated that if there is a major problem, it
needs to be presented to the Airport Advisory Board, and the Council could
suggest that this be evaluated in six months. The Council indicated their
concurrence with this suggestion.
City Manager McDowell reminded the City Council of the reception the
following evening from 5:00 to 7:00 p.m. for retiring City employees. He urged
that as many Council Members as possible be present.
* * * * * * * * * * * * *
Mayor Turner called for discussion of procedures for the removal hearing
related to Council Member Frank Mendez.
City Attorney George reviewed the procedures taken during the Council
Meeting the preceding week at which time the Council directed him to meet with
the two attorneys involved, Mr. Larry Adams, attorney for Council Member Mendez,
and Mr. Jon Kelly, attorney for the petitioners to establish rules of procedure.
He stated that the City has provided all of the documents that the City has
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aegular Council Meeting
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Page 19
that were requested by Mr. Kelly. He noted that Mr. Kelly had also asked for
depositions of City Staff and Council Members.
Mr. Jon Kelly interrupted by stating that unless something new comes up, he
will not require the depositions of the Council Members and the Staff Members.
City Attorney George continued by stating that Mr. Adams has agreed to
provide some of the items that were requested but there were some items that he
says he will not provide.
Mr. George continued by referring to the question about scheduling the
hearing before November 24, 1987, but Mr. Kelly has stated that without the
depositions he would not proceed earlier. Mr. George stated that all attorneys
are agreeable to moving the hearing to another location.
City Attorney George then referred to the written procedures which were
previously approved which called for three parties in the hearing. He stated
that he has now changed that procedure to state that there are only two parties
to the procedure and the City Attorney will be available to provide advice to
the City Council. He referred to Mr. Kelly's concern about the advice that he
as City Attorney might give to the Council regarding rulings by the Mayor and
Council regarding the admissibility or relevance of evidence and he is,
therefore, suggesting that in fairness to all parties, the Bar Association
recommend an experienced attorney or judge to provide such advice on such
rulings only. The City Attorney would still advise the City Council on other
matters. He stated that this is up to the Council to decide. He also stated
that the Council needs to decide on the other issues.
Mr. Jon Kelly then addressed the Council and stated that he has informed
the City Attorney that he will not require the depositions mentioned earlier
because he can obtain his information by the written questions included in the
document "stipulated procedures." He stated that subpoenas which he is concerned
about are the ones that require items of information that Mr. Adams has refused
to provide, such as Mr. Mendez' gross income for the last year and documents in
regard to the Steelworkers' Building sale. He explained that the reason he
needs a copy of Mr. Mendez' gross income is because the state statute indicates
that a conflict of interest is evident if payment is made of more than 10
percent of the elected official's gross income. He pointed out that Mr. Mendez
received $5,340; no one has seen that check; and he feels that it is ludicrous
that Mr. Adams will not provide any evidence or documents that he needs to prove
his case. He pointed out that the City Council does have power over Mr. Mendez,
and the Council could question him or ask him to turn over those documents.
Mr. Kelly continued by stating that it is known that one payment was made
to Frank Mendez but there may be more. He pointed out that Mr. Mendez voted for
an Ordinance to purchase a piece of property; he accepted money from his
employer; and his refusal to provide the requested evidence is flaunting the
rules of the Council.
Mr. Larry Adams, 4409 O'Malley, attorney representing Frank Mendez, stated
that he did not intend to try this case as this time. He noted that the
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regular Council Meeting
November 10, 1987
Page 20
petitioners have filed Articles of Impeachment which deal with the sale of the
ILA to the City of Corpus Christi, and everything that is involved in that sale
was presented to City Attorney George. Mr. Adams continued by stating that in a
conference telephone conversation between himself, Mr. Kelly and Mr. George, Mr.
Kelly made the statement that he intends to take this matter to court;
therefore, if he intends to continue to threaten Mr. Mendez, those documents
will not be provided.
Mr. Adams stated that he understood that Council Member Strong made a
motion last week that all documents were to be presented to the City Secretary's
office and copies would be provided only for the three attorneys involved. He,
therefore, objected to Mr. Steve Morales going to City Hall to obtain certain
documents.
Council Member Strong stated that she has several questions for Mr. George.
One, the question of enforcement. She inquired of Mr. George if he had received
answers to the question as to what can be done if someone ignores a subpoena.
Mr. George explained that the only enforcement that the City has in this
case is to file in district court for subpoenas, or the possibility exists of a
fine for contempt of Council in the Municipal Court range of not to exceed $200,
depending upon whether the Penal Code Ordinance applies or not. Mrs. Strong
continued with her second question stating that according to the Minutes of last
week's meeting, she made the motion that documents be presented to the City
Secretary's office, but Mr. George recommended that a decision on that motion be
delayed until after the closed meeting, and it is her understanding that they
did not discuss this after they returned to the Regular Council Meeting.
Several Council Members and Mr. George concurred that was correct.
A motion was made by Council Member Strong that all subpoenaed information be
submitted to the City Secretary's office and that it be made available only to
the three attorneys involved in the case.
Mr. George stated that he did not have any objection to that procedure,
except that there is a question that if it is presented to the City Secretary's
office, it might be public information.
Discussion followed on where the information should be submitted. A motion
was made by Council Member Strong that all information go directly to City
Attorney George and that it be provided only to the two attorneys, Mr. Kelly and
Mr. Adams. The motion was seconded by Council Member Slavik and passed
unanimously by those present and voting; Mendez did not vote.
A discussion followed between the attorneys and the Council in regard to
the subpoenaed information, the necessity for the information and the reason Mr.
Adams did not want to submit it, and Mr. George explained that the Council
needed to authorize the issuance of the subpoenas which have to be signed by
Mayor Turner.
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Aegular Council Meeting
November 10, 1987
Page 21
A motion was made by Mayor Pro Tem Rhodes to authorize the subpoena of the
material requested; seconded by Council Member Strong and passed unanimously;
Mendez not voting.
City Attorney George then requested the City Council to approve the revised
Rules of Procedures that were presented to the City Council on November 6. A
motion was made by Council Member Pruet that the rules of Procedure be approved;
seconded by Council Member Strong and passed unanimously; Mendez did not vote.
(A copy of the Rules of Procedure for the hearing of the petition to remove
Council Member Mendez is on file in the Office of the City Secretary.)
Council Member Strong noted that the Council might wish to retain the
services of an outside attorney or a retired judge. She inquired if Mr. George
recommended this, and Mr. George stated that he does to avoid any semblance of
bias. Discussion followed but no decision was made on this issue.
Mr. Kelly addressed the Council again and stated that the Council
authorized the issuance of the subpoenas but the question he has is when they are
returnable, noting that it would be very difficult for him if they were not
returned until November 24. He suggested that five days is a reasonable period
of time.
City Attorney George stated that he has a problem with that number of days
because sometimes it is very difficult to serve the subpoenas. Further
discussion followed and a motion was made by Council Member Strong that the
subpoenaed information be required to be returned in one week. The motion was
seconded by Council Member Slavik and passed unanimously; Mendez not voting.
Mayor Turner inquired of Mr. George as to when he would have the subpoenas
ready to be issued, and Mr. George stated that he will have them ready the
following day.
* * * * * * * * * * * * *
Mayor Turner again called for petitions or information from the audience on
items not listed on the agenda.
Mr. Hank Snyder thanked the Council for the wonderful honor they had paid
him the preceding Tuesday. He then spoke in defense of Marina Superintendent
Bob Bruner who has been accused by the shrimpers of being unfair, particularly
in regard to the sale of shrimp on the T -heads.
City Manager McDowell informed the Council that the Marina issues will be
before them soon.
Mayor Turner declared the meeting adjourned at 7:28 p.m. November 10, 1987.
* * * * * * * * * * * * *
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
November 10, 1987, which were approved by the City Council on November 17, 1987.
1(
WITNESSETH MY HAND AND SEAL, this the day of
r^
Betty Tur
er, MAYOR
r
Armando Chapa, City Secretary
City of Corpus Christi