HomeMy WebLinkAboutMinutes City Council - 05/23/2000I 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 May 23, 2000, which were approved by
the City Council on May 30, 2000.
WITNESSETH MY HAND AND SEAL, this 30th day of May, 2000.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
May 23, 2000
2:05 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Dr. Arnold Gonzales
Council Members:
Javier D. Colmenero
Melody Cooper*
Henry Garrett
Rex A Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
City Staff:
City Manager David R. Garcia
Deputy City Manager George Noe
City Attorney James R. Bray Jr.
Assistant City Secretary Mary Juarez
Recording Secretary Rachelle P. Ramon
Mayor Neal called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Kathryn Dunne, a 4th grade student at Incarnate Word
Elementary, following which the Pledge of Allegiance to the United States flag was led by Erika
Rendon and Frank Dennis, members of the Incarnate Word Elementary Student Council.
Assistant City Secretary Juarez called the roll and verified that the necessary quorum of the
Council and the required charter officers were present to conduct the meeting. Mayor Neal called
for approval of the minutes of the regular Council meeting of May 16, 2000, and the bond program
public hearing of May 17, 2000. A motion was made and passed to approve the minutes as presented.
Mayor Neal said Item 10 on the day's agenda regarding the FY 99-00 budget was withdrawn.
*Council Member Cooper arrived at the meeting.
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience.
Ms. Dorothy Corcoran, 734 Chase Dr., spoke in favor of the Neighbors on Watch program,
saying that it would be a great disservice to the community if that program was discontinued due to
budget constraints. She also asked the Council to not take funds away from police, fire and EMS.
Responding to Council Member Gonzales, City Manager Garcia said he thought the
Neighbors on Watch program was on the Police Department's "cut" list. He said each city
department has proposed several reductions in an attempt to balance the budget. Mayor Neal said
that discussion really had to do with an agenda item and he asked Ms. Corcoran to meet with Deputy
City Manager Noe to discuss it further. Mr. Garcia pointed out that the discussion on the FY 99-00
Minutes - Regular Council Meeting
May 23, 2000
Page 2
budget was pulled from the agenda, and the item dealing with the FY 00-01 budget is scheduled for
next week's meeting, which will be the first time staff presents it to the Council.
Dr. Gonzales asked why they could not discuss that issue further at that time. City Attorney
Bray read from the Attorney General's opinion as follows: "If an inquiry is made during public
comment, a Council member may: 1) make a statement of factual information; 2) recite existing
policy; and/or 3) propose to place the topic on a future agenda. No other response to public comment
should be made." He said that opinion was in response to an inquiry that had been made. Mr. Bray
said it means that Council members can respond in that very limited way if an inquiry is made.
Mr. James Sierman, 417 Scotland, said there are many citizens who are fully supportive of
the City Council. He said many people do not approve of people who criticize the Council.
Ms. Fannie Hoskins, 4629 Elvira, said she was speaking in support of the Community
Relations and Neighbors on Watch programs She asked the Council to consider retaining the
Neighbors on Watch program when they start cutting the budget.
Mr. Cezar Galindo, 3141 Gollihar, said he was also speaking in favor of the Neighbors on
Watch Association. He said they understood that Mr. Pete Rivera's and Ms. Karen Starrs' jobs may
be in jeopardy due to possible budget cuts. He noted that the National Night Out event has been held
in Corpus Christi for 16 years and the city has been rated 13th place in competition with several large
cities. Mr. Galindo submitted a petition of citizens' names who were against the elimination of the
Neighbors on Watch program.
Mr. Leon Perez, 904 Buford, discussed the accumulation of discarded tires and he criticized
the Texas Natural Resource Conservation Commission.
Mr. J.E. O'Brien, 4130 Pompano, said that in 1990 the city had an analysis of city operations
referred to as the Mercer Report. He read one finding from that report, which stated that the city
budget process and document were inadequate for management purposes. He said the report
recommended that the city move to a more programmatic -oriented budget, which is analyzed from
a zero -based budget perspective.
Mr. R.J. Herschbach, 4650 Hakel, said he was disturbed that the Council discussed
Parliamentary procedure. He also discussed aspects of the City Charter, saying that the Council was
not abiding by it regarding their voting actions. Mayor Neal replied that Mr. Herschbach's comments
were not true, and he explained how the Council was correctly following the Charter.
Mr. R.F. Hasker, 1813 Wallace, said the city's finance director was moved to a new position.
He said Mr. O'Brien should be hired instead. Mayor Neal said the recent action referred to by Mr.
Hasker involved the budget director, not the finance director.
Mr Jimmie Till, 6034 Lost Creek, said he received excellent service from the employees at
Minutes - Regular Council Meeting
May 23, 2000
Page 3
the J.C. Elliott Landfill and he also complimented police officers for maintaining an orderly flow of
traffic following an accident on the highway earlier that day.
Mr. Jack Gordy, 310 Norton, said the city still has not done anything about political signs,
which was a violation of state law. He read a letter sent to the City Manager from the Texas Highway
Department regarding administering the provisions of the Highway Beautification Act. He also
discussed an agreement that the city will control outdoor advertising. Mr. Tom Utter, Assistant City
Manager for Development Services, replied that staff has talked with the Highway Department,
notified owners who have signs located on their property, and notified the candidates themselves.
Mr. Roland Garza, 4645 Ocean Dr., said members of the G.I. Forum were informed that there
may be cuts to the tennis programs at the Al Kruse Tennis Center. He said that center offers
programs to underprivileged youth who cannot afford tennis classes and he discussed the importance
of offering those services on the westside.
* * * * * * * * * * * *
*
Mayor Neal called for consideration of the consent agenda (Items 2-8). Council members
requested that Items 3 and 8 be withheld for discussion. There were no comments from the audience.
Assistant City Secretary Juarez polled the Council for their votes and the following were passed:
2. M2000-152
Motion authorizing the City Manager or his designee to execute a construction contract with
MP Contracting in the amount of $17,465 for the Health Center sidewalk repairs.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
4. M2000-154
Motion authorizing the City Manager or his designee to execute an annual maintenance
agreements with Hewlett-Packard Company in the amount of $40,297.69 for maintenance
on the hardware and operating system of the Hewlett Packard - Unix Servers.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
5. ORDINANCE NO. 024041
Ordinance amending Ordinance No. 023690 passed and approved on July 13, 1999, by
amending Section 3 to adopt the final assessment roll and assessments to be levied against
the owners of property abutting on Margie Drive, from Leopard to Martine Street for the
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May 23, 2000
Page 4
Annaville Area Street Improvements, No. III, Phase 2 project.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting
"Aye."
6. ORDINANCE NO. 024042
Ordinance governing the construction, maintenance and use of gas pipelines within the City
of Corpus Christi; amending Section 55-3 of the City Code of Ordinances; providing for
penalties.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting
"Aye."
7.a. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a lease for one hundred and twenty
days with Nueces County Community Action Agency (NCCAA) for seven real and personal
properties identified on the attached and incorporated Exhibit A, in consideration of NCCAA
operating Head Start programs for eligible citizens of Corpus Christi and maintaining the
properties.
The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero,
Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
7.b. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a 10 -year lease with an option to
renew for 10 years, with Nueces County Community Action Agency for seven real and
personal properties identified on the attached and incorporated Exhibit A, in consideration
of NCCAA operating Head Start programs for eligible citizens of Corpus Christi and
maintaining the properties.
The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero,
Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 3, airport projects. Responding to Council Member
Scott, City Manager Garcia explained that this item involves three improvement projects at the
airport: apron extension; HVAC (heating and air conditioning) project; and a wastewater lift station
Minutes - Regular Council Meeting
May 23, 2000
Page 5
project. Mr. Kevin Stowers, Assistant Director of Engineering Services, explained that the HVAC
project is an amendment of the terminal construction project, which he explained. Assistant City
Secretary Juarez polled the Council for their votes as follows:
3. M2000-153
Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the
architectural/engineering services contract with M. Arthur Gensler Jr. and Associates, Inc.
in the amount of $180,700 related to the terminal apron construction, terminal reconstruction,
and lift station relocation projects at Corpus Christi International Airport.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 8, radio systems. Council Member Colmenero said
this was a very good project and he thought it should have been included on the regular agenda rather
than the consent agenda. Assistant City Secretary Juarez polled the Council for their votes:
8.a. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute an eleven month lease with Texas
A&M University -Corpus Christi for the use of the area located adjacent to the northern most
Hobie Cat launching ramp on North Beach and the area located on the north side of Ocean
Drive right-of-way on Ward Island, in consideration of the installation and operation of two
CODAR radio towers and providing for the maintenance of the premises.
The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero,
Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
8.b. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a five year lease with Texas A&M
University -Corpus Christi for the use of the area located adjacent to the northern most Hobie
Cat launching ramp on North Beach and the area located on the north side of Ocean Drive
right-of-way on Ward Island, in consideration of the installation and operation of two
CODAR radio towers and providing for the year-round maintenance of the premises.
The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero,
Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
* * * * * * * * * * * * *
Minutes - Regular Council Meeting
May 23, 2000
Page 6
Mayor Neal opened discussion on Item 9, disannexing an island from the city. Mr. Utter
explained that the Council first considered this issue last week. Following discussions with several
Ingleside on the Bay residents, Mr. Utter said staff was recommending the following to strengthen
the proposed agreement. First, that the bed and breakfast use be limited to a maximum of five
double -occupancy units. Second, that if there is a breach in the agreement, the land use restrictions
would automatically revert to "R -1B" single-family and the zoning, platting, and building code
requirements would be automatically enforced. Third, that the agreement would be filed for record
in both San Patricio and Nueces counties.
Council Member Gonzales asked about mineral rights on the island. City Attorney Bray said
he understood from Mr. John Bell, attorney for Mr. Kenneth Berry, that the minerals for that property
are owned by the State of Texas; therefore, they are not taxable whether or not they are in the city
limits. He said if in fact there were minerals in private ownership, they would be part of the land. He
said the city taxes 100% of the land so if the tax assessor assessed that property as having some
mineral value, then the city's in lieu of tax would apply to that value. However, since the mineral
rights are in public ownership, they are not an issue. Mr. Utter said they conducted research back to
1986 and determined that there have not been any minerals taxed on that island.
Responding to Council Member Garrett, Mr. Utter said Mr. Berry has a small structure on
the island at this time. He added that Mr. Berry does not want to fall under certain city requirements
and he is willing to limit himself by the terms of the agreement to very specific activities on the
island. Mr. Utter said he thought Mr. Berry had obtained a permit for a sewer system from San
Patricio County.
Council Member Colmenero asked why Mr. Berry was seeking the de -annexation. Mr. Bell
replied that the city's codes and regulations do not work for an island that is non -accessible and only
has one structure on it, which he explained. He said the alternative to amending the ordinances
governing such things as platting was the formation of the tourist industrial district with specific
restrictions on the use of the property. Mr. Colmenero said he was concerned about this proposal.
Council Member Kinnison asked how long the property has been in the City of Corpus
Christi. Mr. Utter stated that it came into the city in the mid-1960s when the channel was dug and
the city passed a new annexation ordinance which ran along the shore of Corpus Christi Bay. Mr.
Utter then used a map to further describe the island and its location. Responding to other questions,
Mr. Utter said that if the island was de -annexed, Mr. Berry would be able to discharge firearms.
Dr. Gonzales discussed the issue of abiding by the building code and the potential size of a
bed and breakfast facility. Mr. Utter pointed out that in order for Mr. Berry to get insurance, he
would have to comply with the CATPOOL, which means he would have to comply with the higher
level of the Southern Standard Building Code, which the city has adopted. Responding to Council
Member John Longoria, Mr. Utter said this proposal is considerably different from the city's
industrial district agreements.
Minutes - Regular Council Meeting
May 23, 2000
Page 7
Mayor Neal called for comments from the audience.
Mr. R.J. Herschbach discussed fire protection and a sewer system permit on Berry island. Mr.
Utter said the city's existing industrial districts require that the industry pay to be a member of the
Refinery Terminal Fire Company or an additional 15% to the city. The Berry proposal states that the
city has no obligation to extend any city services, including fire service.
Ms. Carol Regnier, 145 Live Oak at Ingleside on the Bay, asked if a future City Council
could renegotiate an agreement with Mr. Berry. She said once the island is de -annexed, it is not
subject to the city's zoning regulations. Mr. Utter replied that if the Council approves the agreement,
the property would be limited to "A-2" zoning with the possibility of a bed and breakfast. However,
the property could be re -annexed either due to a breach of the contract or because the contract
expired. In addition, the public hearing process would continue to be followed with the zoning. Mr.
Bray said the contract would be binding on future Councils because the statute provides for it.
Ms. Jay Nelson Masterson, 120 Misty Lane in Aransas Pass, said she used to work for the
Coastal Bend Council of Governments. She discussed several expansion plans in the area. She added
that any de -annexation sends a very strong message, which she said is not the one the Council wants.
Ms. Cynthia Pearl, a resident of Ingleside on the Bay, asked several questions about the
proposal. Mr. Utter stated that Mr. Berry has not paid service fees but he has paid taxes for two years
for the island. Mr. Bray said the city would have contractual authority if the contract was breached.
Ms. Pearl said no one has been able to explain how this proposal would benefit the city.
Ms. Rhoda Poenisch, Ingleside on the Bay, said she was speaking in support of the previous
three speakers, saying she did not think the island should be de -annexed because they do not know
how Mr. Berry intends to use the property.
Mr. J.E. O'Brien quoted from the Local Government Code regarding refunding property
taxes. Mr. Utter said the proposed agreement states that the owner waives all rights to the refund of
taxes and fees which the owner might otherwise be entitled to receive because of the disannexation.
Assistant City Secretary Juarez polled the Council for their votes as follows:
9.a. M2000-155
Motion to amend Ordinance prior to Second Reading by incorporating additional provisions
in Article I, Article VI and Article IX of the Tourist Industrial District Agreement; placing
limits on development size; establishing a reverter provision; and requiring filing of the
Agreement in both Nueces and San Patricio Counties.
The foregoing motion passed by the following vote: Neal, Cooper, Kinnison, B. Longoria,
J. Longoria, and Scott voting "Aye"; Colmenero, Garrett, and Gonzales voting "No."
Minutes - Regular Council Meeting
May 23, 2000
Page 8
9.b. ORDINANCE NO. 024043
Disannexing from the city the island (owned by Kenneth L. Berry and wife, Brenda L. Berry
["Owner"]) located off Ingleside Point and comprising a part of John G. Hatch Survey in San
Patricio County and adjusting the city boundaries, conditioned upon formation of a Tourist
Industrial District and inclusion of said island in said district and execution of Tourist
Industrial District Agreement; creating a Tourist Industrial District covering said island;
authorizing the City Manager or his designee to execute a Tourist Industrial District
Agreement, effective as of May 23, 2000, with "Owner" Pursuant to §42.044 Texas Local
Government Code and to file the Agreement in the official records of Nueces County, Texas.
The foregoing ordinance passed on second reading, as amended, by the following vote: Neal,
Cooper, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero, Garrett,
and Gonzales voting "No."
Mayor Neal called for a brief recess.
10. WITHDRAWN
Ordinance amending Ordinance No. 023702 which adopted the FY99 00 Budget, by
transfers, and increasing revenue estimates.
*************
Mayor Neal opened discussion on Item 11, resolution affirming financial policies.
Deputy City Manager Noe said the proposed resolution is very similar to one adopted last
year. However, it did place more emphasis on the need to provide a balanced General Fund budget
in the coming fiscal year In addition, there was a major revision to the section on fund balance,
including maintaining the 5% goal but focusing on how the city will accomplish that goal and
mandating the creation of a five-year plan with annual reporting requirements. He said the resolution,
which staff discussed with the city's bond counsel, was modeled after similar ones in other cities.
Mayor Neal called for comments from the audience, and there were none. Responding to
Council Members Kinnison and Colmenero, Mr. Noe said staff will present a plan to the Council
prior to the adoption of the budget. Assistant City Secretary Juarez polled the Council for their votes:
11. RESOLUTION NO. 024044
Resolution reaffirming the Financial Policies adopted by Resolution No. 023319 and
providing a policy to build the General Fund Balance to an adequate levy in future years.
Minutes - Regular Council Meeting
May 23, 2000
Page 9
The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 12, "Orion's Belt" art project. There were no
comments from the audience.
Council Member Cooper reiterated her opposition to the placement of the structure at the
intersection of IH -37 and Shoreline Boulevard and to the structure itself. She said she spoke to a
member of the federal government about information that has not been provided to the General
Services Administration (GSA). Responding to a question from Ms. Cooper, Mr. Tony Cisneros,
Director of Park and Recreation, said the contract states that any mechanical concerns have to be
reviewed by the GSA but that has not yet occurred because the contract has not been signed. Mr.
Cisneros said a representative of the GSA was not able to be present at the meeting, but the GSA
wished to convey their opposition to the location of the artwork.
Responding to additional questions from Ms. Cooper, Mr. Cisneros said the Council
previously approved the concept of the artwork and now they would be proceeding with the
engineering. City Manager Garcia said once the engineering design is completed, it can be reviewed
by city staff and the GSA for structural integrity. Following a brief discussion, Mr. Bray stated that
it has not been represented to the GSA that they would have veto power over the contract. He added
that the contract states that a professional engineer will approve the structure. Mr. Utter further
described what staff told GSA and GSA's response.
Ms. Cooper then made a motion to table Item 12 until GSA's representative can be present;
the motion was seconded by Dr. Gonzales. Assistant City Secretary Juarez polled the Council and
the motion failed by the following vote: Cooper and Gonzales voting "Aye"; Neal, Colmenero,
Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "No."
In reply to Council Member Garrett, Mr. Bray said the Council could, by ordinance, change
where the monies go that had been designated for the Permanent Art Trust Fund. However, since the
monies are derived from hotel tax revenues, they can only be spent for things that are allowed by the
hotel tax statute.
Council Member Gonzales said he thought the artist should have already had to prove that
the artwork is structurally sound. He said he was concerned about whether the artwork can withstand
hurricane winds. Mr. Cisneros said an engineering study will have to be done in order to ensure that
the wind load requirements will be met for the structure. Council Member John Longoria said the
artist has built similar pieces of artwork in other areas of the country and the contract contains
appropriate safeguards.
Council Member Scott asked whether the artwork would be built if the city's engineers found
Minutes - Regular Council Meeting
May 23, 2000
Page 10
it to be structurally unsound; Mr. Cisneros replied that it would not be. Responding to Council
Member Kinnison, Mr. Cisneros said Mr. Perless is a world-class artist with numerous pieces to his
credit. Mr. Garcia briefly described the phases of the project and the payment schedule. Mrs. Juarez
then polled the Council for their votes on Item 12 as follows:
12.a. ORDINANCE NO. 024045
Ordinance appropriating $25,000 in the 6010 Permanent Art Trust Fund and amending
Ordinance No. 023702 which adopted the FY99-00 budget by adding $25,000 to the No.
6010 Permanent Art Trust Fund; transferring $25,000 to and appropriating it in the No. 3280
Park Capital Improvement Fund for installation of artwork and amending Ordinance No.
023703 which adopted the FY99-00 Capital Budget adding $25,000 to the Park Program.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper, Garrett,
and Gonzales voting "No."
12.b. M2000-156
Motion authorizing the City Manager or his designee to execute a contract with artist Robert
Perless in the amount of $200,000 for the complete development and installation of artwork
titled Orion's Belt on the Shoreline Drive median south of the intersection of IH37 and
Shoreline Boulevard.
The foregoing motion passed by the following vote: Neal, Colmenero, Kinnison, B.
Longoria, J. Longoria, and Scott voting "Aye"; Cooper, Garrett, and Gonzales voting "No."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 13, franchise agreement audits. There were no
comments from the audience. Assistant City Secretary Juarez polled the Council for their votes:
13. M2000-157
Motion authorizing the City Manager or his designee to issue request for proposals for audit
of Central Power & Light and Southwestern Bell franchise agreements.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
* * * * * * * * * *
*
**
Mayor Neal opened discussion on Item 14, summer programs There were no comments from
Minutes - Regular Council Meeting
May 23, 2000
Page 11
the audience. Assistant City Secretary Juarez polled the Council for their votes as follows:
14.a. M2000-158
Motion authorizing the City Manager or his designee to execute an agreement with the Park
and Recreation Department to provide $20,538 from the FY 1999 Weed and Seed Program
to implement Operation Cool Off at Joe Garza Community Swimming Pool.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
14.b. M2000-159
Motion authorizing the City Manager or his designee to execute an agreement with the Park
and Recreation Department to provide $24,257 from the FY 1999 Weed and Seed Program
to implement Operation Cool Off at H.E.B. Community Swimming Pool.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
14.c. M2000-160
Motion authorizing the City Manager or his designee to execute an agreement with the Park
and Recreation Department to provide $10,500 from the FY 1999 Weed and Seed Program
to continue a Transportation Program for youth recreation.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal announced the following executive sessions:
15. Executive session pursuant to Texas Government Code Section 551.071 regarding Five
Citizens of Corpus Christi v. City of Corpus Christi et al No. 00-275-G, 319th District Court,
Nueces County, Texas, with possible discussion and action related thereto in open session.
16. Executive session pursuant to Texas Government Code Section 551.071, regarding the
following cases against the City of Corpus Christi et al in the United States District Court for
the Southem District of Texas, Corpus Christi Division: William Bussey No. C-99-171, John
Betz No. C-99-133, Arnulfo Guerrero Jr. No. C-99-143, Mark Schauer No. C-99-144,
Charles Bartels No. C-99-158, William Livingston No. C-99-159, Duane Pacheco No. C-99-
168, Gilbert Garcia No. C-99-170 with possible discussion and action related thereto in open
session. The Council went into executive session. The Council returned from the session.
Minutes - Regular Council Meeting
May 23, 2000
Page 12
*************
Mayor Neal called for the City Manager's report. Mr. Garcia stated that next week the
Council will have a joint meeting with the board of the Crime Control and Prevention District.
During the Council's meeting next week, they will consider the following issues, among others:
Metrocom, Frost Bank building, skate park RFPs, and three zoning cases.
Mayor Neal called for Council reports.
Mr. Garrett asked about the status of the city's lobbyists. Mr. Garcia said there will be a
thorough discussion during the budget process about the four lobbyists the city retains (one in
Washington and three in Austin). He said staff will recommend that they reduce the number of
lobbyists to one in Washington and one in Austin, along with lobbying efforts by the City Council
and city staff.
Mr Kinnison requested a time line on the process that will be used in developing the 1 /8 -cent
tax for economic development. He also requested the same detailed breakdown on each aspect of
the budget that he had requested during last year's budget process. Mayor Neal said all the Council
members should receive a copy of that information.
Dr. Gonzales referred to an article in the local newspaper regarding the reassignment of Mr.
Joe Montez, the city's budget director, to another position. Dr. Gonzales and Mr. Longoria spoke
in support of Mr. Montez, to which Mr. Garcia responded.
Mayor Neal cautioned the Council that they were delving into personnel issues. Mr. Longoria
replied that they were discussing the budget as posted on the agenda. City Attorney Bray suggested
that if the Council wished to discuss Mr. Montez in particular, it would be the proper subject of a
closed session if it was posted. Dr. Gonzales and Mr. Colmenero said they thought the Council
should challenge the Attorney General's opinion regarding what the Council can and cannot discuss
because they felt it was restricting their discussions.
Mr. Bray said the Attorney General's opinion changed how the end of the Council meetings
are operated by saying that they should post individual topics that individual Council members want
to talk about. Mr. Bray said that within the Council's own agenda -setting process, the Council has
indicated that they wanted the reports to be brief discussions designed more to establish future
agenda items rather than having a full-blown debate on different issues. He said it is the Council's
choice regarding the function of the Council reports at the end of the meetings. Mr. Longoria said
it was obvious that the Council does not like the current system.
Mr. Garrett said he agreed that the Attorney General's opinion should be challenged. He and
Mr. Colmenero also spoke in support of Mr. Montez. Mr. Scott, Mrs. Longoria and Mr. Kinnison
said the Council should not get involved in personnel issues. Responding to a question from Mr.
Kinnison, Mr. Bray further explained the Attorney General's opinion regarding Council reports.
Minutes - Regular Council Meeting
May 23, 2000
Page 13
Regarding other Council concerns, Mrs. Longoria said she had received calls from citizens
about Park Department budget issues. She said the city needs to find ways to work with other
entities, such as the county and school districts, to provide programs. Mr. Cisneros said they recently
received a grant for the YOU program, and he added that many of the city's recreation programs are
funded from outside sources.
Mr. Longoria said he wanted to make sure that all of the employees in the Code Enforcement
Department are being used for those endeavors and not being assigned to other tasks. He announced
a Municipal Court Committee meeting on May 25th and he said a 78415 convention held last
weekend was successful.
Mr. Kinnison said he hoped the Mayor could take the lead with the county regarding the
vehicle license fee that can be used for the school crossing guard program. Mayor Neal said that at
their meeting on May 24th the County Commissioners will be considering a proposed resolution
about the county assuming the operation of the City -County Health Department.
Responding to a question from the Mayor, Mr. Utter discussed weed liens, code enforcement
issues, and demolition concerns. A brief discussion ensued.
Mayor Neal asked Mr. Bray what the penalty would be if the Council went back to their
previous process for Council comments at the end of the meetings. Mr. Bray replied that there is no
penalty for it --someone would have to get an injunction. The Mayor then asked that the previous
process on Council comments be reinstituted.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 5:40 p.m. on May 23, 2000.
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