HomeMy WebLinkAboutMinutes City Council - 08/20/2002I 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 August 20, 2002, which were approved
by the City Council on August 27, 2002.
WITNESSETH MY HAND AND SEAL, this 27th day of August 2002.
Al aando Chapa
City Secretary
SEAL
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Mark Scott
Council Members:
Brent Chesney*
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
August 20, 2002 - 12:08 p.m.
City Staff:
City Manager David R. Garcia
Deputy City Manager George Noe
City Attorney James R. Bray Jr.
City Secretary Armando Chapa
Recording Secretary Rachelle Parry
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation
was delivered by Rev. E.F. Bennett and the Pledge of Allegiance to the United States flag was led
by Council Member Longoria. City Secretary Chapa called the roll and verified that the necessary
quorum of the Council and the required charter officers were present to conduct the meeting.
(*Council Member Chesney arrived at the meeting.)
The Mayor asked the Council members to join him at the front of the Chambers to present
a gift to Rev. Bennett in honor of his birthday on August 21'. Rev. Bennett thanked the Council for
their generosity.
Mayor Neal called for approval of the minutes of the regular meeting of July 23, 2002 and
the special meeting of August 1, 2002. A motion was made and passed to approve the minutes as
presented. The Mayor announced the executive sessions, which were listed on the agenda as follows:
2. Executive s ession p ursuant t o T exas G overnment C ode S ections 551.071 a nd 5 51.087
regarding financial or other incentives to businesses that seeks to have locate, stay, or expand
in the industrial district area outside the city limits, with possible discussion and action
related thereto in open session.
3. Executive session pursuant to Texas Government Code Section 551.071 regarding City of
San Benito v. PG&E Gas Transmission, Texas Corporation et al, No. 96-12-7404-A, 107th
District Court, Cameron County, Texas, and the remaining claim of the City of Corpus
Christi related thereto, and regarding similar claims of the City of Corpus Christi against
other similar entities, with possible discussion and action related thereto in open session.
4. Executive session pursuant to Texas Government Code Sections 551.071, 551.072, and
551.087 regarding acquisition and development of a site for a minor league baseball stadium
in the Arena/Convention Center/Port of Corpus Christi area, location of a professional
baseball franchise in the facility, and possible real estate agreements with the Port of Corpus
Christi Authority and RSR Sports implementing the stadium, with possible discussion and
action related thereto in open session.
5. Executive s ession p ursuant t o T exas Government C ode S ections 5 51.071 and 551.072
regarding the Landry's Project in the Corpus Christi Marina, with possible discussion and
Minutes - Regular Council Meeting
August 20, 2002 - Page 2
action related thereto in open session.
6. Executive session pursuant to Texas Government Code Section 551.071 regarding Jon
Harwood et al v. City of Corpus Christi, No. 00-4149-G, 319th District Court, Nueces
County, Texas with possible discussion and action related thereto in open session.
The Council went into executive session. The Council returned from executive session.
* * * * * * * * * * * * *
Mayor Neal recessed the meeting to read the day's proclamations and make the special
presentations. Upon reconvening, he referred to Item 7 in which the board appointments were made:
Human Relations Commission
Oscar Hinojosa (Reappointed)
Sylvester Peterson (Reappointed)
Richard Johnson (Reappointed)
Stephanie Saenz (Reappointed)
Karleen Engel
Cable Communications Commission
Norma Torres (Reappointed)
Richard Pulido
Park and Recreation Advisory Committee
Sandra Billish (Reappointed)
Rome Gregorio (Reappointed)
Davie Cissna
Dorrinda Garza
Food Service Advisory Committee
William Schroeder (Reappointed)
John Denson
* * * * * * * * * * * * *
Mayor Neal asked Assistant City Manager Jorge Cruz-Aedo to inform the Council about the
city's bond ratings. Mr. Cruz-Aedo explained that on August 8 and 9, 2002, the city sent a delegation
of city staff, the Mayor and two Council members to New York City to visit with the three rating
agencies the city has used on bond issues as well as four bond insurance companies. He said the
meetings were successful: Fitch Rating Agency continued the city's AA- rating with a stable outlook;
Standard and Poor's issued the city an A+ with a stable outlook; and Moody's issued an A2 rating,
which is an upgrade from the previous A3. He that rating will apply to the refunding bonds (Item 30
on the day's agenda) as well as all the bonds outstanding that are contracted to the city.
Mr. Cruz-Aedo said that some of the reasons Moody's gave for the city's upgraded bond
rating were that management continued to be active in the development of water supply resources;
they are updating the city's infrastructure; and are pursuing the utilities' reengineering effort.
Moody's also cited the city's ongoing economic development programs.
Responding to Mayor Neal, Mr. Cruz-Aedo said this upgrade has the potential of $500,000
in savings over the 20 -year 1 ife o f the bonds. In addition, refunding options may add another
$500,000 to $1 million in savings. The Mayor said he thinks this is a great example of city leaders
recognizing there are serious problems, putting into place plans to correct them, and having the
political courage and staff leadership to carry those plans out. Council Member Scott said he was a
member of the bond delegation and he complimented the Mayor and city staff for their efforts.
Minutes - Regular Council Meeting
August 20, 2002 - Page 3
* * * * * * * * * * * * *
Mayor Neal called for consideration of the consent agenda (Items 8-27). City Secretary Chapa
stated that Council Member Noyola would be abstaining on Items 11,12 and 27 and Item 11 needed
to be amended. There were no comments from the Council or the audience. Mr. Chapa polled the
Council for their votes and the following were passed:
8. M2002-235
Motion approving a supply agreement for approximately 17,000 tons of pre -coated aggregate
in accordance with Bid Invitation No. BI -0108-02 with Vulcan Construction Materials, LP,
of San Antonio, Texas based on only bid of $416,500. The term of the contract will be for
twelve months with an option to extend for up to two additional twelve-month periods,
subject to the approval of the supplier and the City Manager or his designee. This material
is used by Street Services. Funds have been budgeted by Street Services for FY 2002-2003.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison,
Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
9. M2002-236
Motion approving a supply agreement with Health & Safety Management, Inc., of Corpus
Christi, Texas for the testing of asbestos in approximately 90 privately held and public
structures in accordance with Bid Invitation No.BI-0116-02, based on low bid for an
estimated annual expenditure of $44,010. The term of the contract will be for twelve months
with an option to extend for up to two additional twelve-month periods subject to the
approval of the supplier and the City Manager or his designee. Funds have been budgeted in
FY2002-2003 by Housing and Community Development.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison,
Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
10. M2002-237
Motion approving a supply agreement with Greatstate Transmissions, of Corpus Christi,
Texas for automatic transmission overhaul and repair service for approximately 163
automobiles and light trucks in accordance with Bid Invitation No. BI -0097-02, based on low
bid for an estimated annual expenditure of $108,100. The term of the contract shall be for
twelve months with an option to extend for up to two additional twelve month periods
subject to the approval of the supplier and the City Manager or his designee. Funds have
been budgeted by Maintenance Services and the Fire Department in FY 2002-2003.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison,
Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
Minutes - Regular Council Meeting
August 20, 2002 - Page 4
12. M2002-239
Motion approving the purchase of holdroom furniture from Yochem's Business Interiors, of
Corpus Christi, Texas in accordance with Bid Invitation No. BI -0130-02 based on low bid
for a total amount of $189,511.24. The holdroom furniture will be installed at the new
concourse of the newly remodeled airport terminal. Funds are available through the Modify
Terminal Building Project Fund.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison,
Longoria, and Scott voting "Aye"; Noyola abstaining; Colmenero absent.
13. M2002-240
Motion approving the purchase of220 gallons of mosquito insecticide from B&G Chemicals
& Equipment Co., Inc., of Dallas, Texas based on sole source for a total amount of $63,250.
The insecticide will be used by the Vector Control Division of the Health Department.
Funds are available in the Vector Control Operational Budget in FY 2002-2003.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison,
Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
14. M2002-241
Motion authorizing the City Manager or his designee to execute a 12 -month software
maintenance agreement with Kronos, Incorporated, of Waltham, Massachusetts, in an
amount not to exceed $38,844. Included in the maintenance agreement is the basic software
maintenance and depot exchange of time clocks and associated equipment. Funds are
available in the Municipal Information Systems Operational Budget in FY2002-2003.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison,
Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
15. M2002-242
Motion authorizing the City Manager or his designee to execute a 12 -month hardware
maintenance agreement with IBM Corporation, QISV Vendor, in an amount not to exceed
$50,962.53. Included in the maintenance agreement are two IBM AS/400s. Fund are
available in the Municipal Information Systems Operational Budget in FY2002-2003.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison,
Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
16. M2002-243
Motion authorizing the City Manager or his designee to execute a construction contract in
Minutes - Regular Council Meeting
August 20, 2002 - Page 5
an amount not to exceed $38,500 with AEP/Central Power and Light Company for
installation of streetlights on McKinzie Road between McKinzie Lane to Haven Road.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison,
Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
17. M2002-244
Motion authorizing the City Manager or his designee to execute a construction contract in
the amount not to exceed $27,800 with AEP/Central Power and Light Company for
installation of streetlights in Annexation Area 2 for Padre Balli Park.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison,
Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
18. M2002-245
Motion authorizing the City Manager or his designee to execute a construction contract in
an amount not to exceed $38,000 with AEP/Central Power and Light Company for
installation of streetlights on Kostoryz Road between S.H. 357 (Saratoga) and Holly Road.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison,
Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
19. ORDINANCE NO. 024975
Ordinance appropriating $4,640 into the No. 3430 Utility Capital Fund and $13,500 into the
Street No. 3530 Street Capital Fund from a Claim Settlement with Bonding Company for
Change Order No. 2, Omaha Drive Project.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
20. M2002-246
Motion authorizing the appointment of an ad hoc peer panel to the Arts and Cultural
Commission to review applications for the FY2003 Arts Subgrant Program.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison,
Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
21.a. M2002-247
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$10,000 from the State of Texas Comptroller of Public Accounts for tobacco compliance and
Minutes - Regular Council Meeting
August 20, 2002 - Page 6
prevention activities.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison,
Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
21.b. ORDINANCE NO. 024976
Ordinance appropriating $10,000 in the No. 1050 Federal/State Grants Fund from the State
of Texas Comptroller of Public Accounts for tobacco compliance and prevention activities.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
22.a. M2002-248
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$449,736 from the Texas Automobile Theft Prevention Authority (ATPA) to establish a
proactive Motor Vehicle Theft Enforcement Unit in the Police Department and to execute
all related documents.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison,
Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
22.b. ORDINANCE NO. 024977
Ordinance appropriating $449,736 from the Texas Automobile Theft Prevention Authority
(ATPA) in the No. 1050 State and Federal Grants Fund; authorizing the transfer of $22,900
from the No. 6010 Law Enforcement Trust Fund to, and appropriating $22,900 in the No.
1050 State and Federal Grants Fund as the grant match.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
23.a. M2002-249
Motion authorizing the City Manager or his designee to execute a contract with the Texas
Department of Protective and Regulatory Services for funding in the amount of $500,674
from the Community Youth Development Program for the 78415 ZIP Code for projects as
recommended by the Community Youth Development Steering Committee for Fiscal Year
2002-2003.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison,
Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
Minutes - Regular Council Meeting
August 20, 2002 - Page 7
23.b. ORDINANCE NO. 024978
Ordinance appropriating $500,674 from the Texas Department of Protective and Regulatory
Services in the No. 1060 Federal/State Grants Fund to fund the Community Youth
Development Program in the 78415 ZIP Code for Fiscal Year 2002-2003.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
23.c. M2002-250
Motion authorizing the City Manager or his designee to execute a subcontract with
Communities in Schools, Inc. in the amount of $356,325 to provide services for youth, ages
6 to 17 in the 78415 ZIP Code.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison,
Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
23.d. M2002-251
Motion authorizing the City Manager or his designee to execute a subcontract with the Park
and Recreation Department in the amount of $20,636 to provide services for youth, ages 6
to 17 in the 78415 ZIP Code.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison,
Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
23.e. M2002-252
Motion authorizing the City Manager or his designee to execute a subcontract with Youth
Odyssey, Inc. in the amount of $35,765 to provide services for youth, ages 12 to 17 in the
78415 ZIP Code.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison,
Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
24.a. M2002-253
Motion authorizing the City Manager or h is d esignee to execute an amendment to the
contract with BFI of Texas, L.P., offering a 15% discount off the contract rate when more
than 33% of additional tonnage over the base 150,000 tons is delivered in a contract year.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison,
Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
Minutes - Regular Council Meeting
August 20, 2002 - Page 8
24.b. M2002-254
Motion authorizing the City Manager or his designee to e xecute an amendment to the
contract with Captain Hook Inc., offering a 15% discount off the contract rate when more
than 33% of additional tonnage is delivered in a contract year.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison,
Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
24.c. M2002-255
Motion authorizing the City Manager or his designee t o e xecute an amendment to the
contract with Sixteen Services, Inc., offering a 15% discount off the contract rate when more
than 33% of additional tonnage is delivered in a contract year.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison,
Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
25. ORDINANCE NO. 024979
Ordinance authorizing the City Manager or his designee to execute a five-year lease with the
Young Men's Christian Association of Corpus Christi (YMCA), a non-profit corporation,
for the use of T.C. Ayers swimming pool and adjacent grounds and in consideration of the
Young Men's Christian Association maintaining the premises and improvements.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
26. ORDINANCE NO. 024980
Ordinance authorizing the City Manager or his designee to execute a five-year lease with
Marbella Grill, Inc., D.B.A. Christian's House, for the use of City Property, to wit:
Merriman-Bobys House in Heritage Park, to operate as a food service operation.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
27. ORDINANCE NO. 024981
Ordinance authorizing the City Manager or his designee to execute a Shuttle Service
Concession lease agreement with Jangee, Inc., of Corpus Christi, Texas, for the operation of
a Shuttle Service Concession at the Corpus Christi International Airport in consideration of
payment of six percent of the Concessionaire's gross monthly revenues for a term of 36
months with the option to extend three additional one-year periods by mutual agreement of
the Concessionaire and the City of Corpus Christi.
Minutes - Regular Council Meeting
August 20, 2002 - Page 9
The foregoing ordinance passed on second reading as follows: Neal, Chesney, Garrett, Kelly,
Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining; Colmenero absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 11, airport office furniture. Mr. Michael Barrera,
Procurement and General Services Manager, referred to page 80 of the agenda packet and noted that
there was an error on the bid tabulation. He said the award to Jones and Cook Stationers should be
$31,741 for a new grand total of $44,356.22. Council Member Longoria made a motion to amend
Item 11 as stated by Mr. Barrera, seconded by Council Member Scott and passed. City Secretary
Chapa polled the Council for their votes as follows:
11. M2002-238
Motion approving the purchase of office furniture from the following companies for the
following amounts in accordance with Bid Invitation No. BI -0135-02 based on low bid and
best bid for a total amount of $43,996.22. The office furniture will be installed at the new
Airport Administration offices of the newly remodeled Airport Terminal. Funds are
available through the Modify Terminal Building Project Fund.
Jones and Cook Stationers Corporate Express
Corpus Christi, Texas Corpus Christi, Texas
Bid Item 10-12, 14,15, 17-28 Bid Items 1-9
$31,741 $12,615.22
Grand Total:
$44,356.22
The foregoing motion passed, as amended, by the following vote: Neal, Chesney, Garrett,
Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining; Colmenero absent.
* * * * * * * * * * * * *
Mayor Neal referred to Item 28 and City Secretary Chapa said that item has been withdrawn
at the request of the applicant, Jimalee M. Shaffer.
28. WITHDRAWN
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* * * * * * * * * * * * *
Mayor Neal referred to Item 29 and a motion was made, seconded and passed to open the
public hearing regarding possible changes to Chapter 57 -Vehicles for Hire; Article 5, Auto
Minutes - Regular Council Meeting
August 20, 2002 - Page 10
Wreckers. City M anager G arcia e xplained t hat s everal C ouncil m embers, p articularly C ouncil
Member Garrett, had asked staff to look into problems of abuses by some wrecker companies
regarding tows from private property. He said that recent changes in the law now allow the city to
better regulate the wrecker industry. Mr. Garcia noted that this public hearing is not required by the
ordinance but staff wanted to give people the opportunity to make comments about the proposals.
Mr. Steve Zastrow, Police Department Legal Advisor, explained that the wrecker ordinance
was primarily written in 1988 and revised in 1993 when fees were set. He said staff felt this was a
good time to review the entire ordinance in light of the many recent complaints and the changes in
the law and update it as needed. He said Corpus Christi's ordinance is unique in that the city is
required to notify wrecker companies of any pending changes. He said that last week staff met with
22 industry representatives and received much input from them. After considering their concerns,
staff will be make a final proposal to the Council. Mayor Neal called for public comment.
Mr. Roland Martinez said he owns a wrecker company in Robstown and he does not service
private property impounds in the City of Corpus Christi. He questioned how these proposed changes
will affect his business. He added that he was not notified about this issue.
Council Member Garrett asked if this ordinance will be applicable throughout the area.
Assistant Police Chief Ken Bung said staff is proposing that any wrecker companies which pick up
or drop off vehicles in Corpus Christi be required to have a permit. However, the existing ordinance
does not include that requirement.
Ms. Elva Sanchez said she works with a wrecker service in Kingsville and Robstown and she
also questioned how the ordinance will impact her business.
Mr. Carlos Galvan, of Victoria Auto Recovery, said he is in the repossession business and
wondered how the changes will affect him.
Mr. Garrett asked if staff surveyed other cities about their similar ordinances. Assistant Chief
Bung replied that staff is in the process of obtaining that information. He said the proposal would
not include companies which drive through the city limits with vehicles but rather those that pick
up and drop off in the city limits.
Council Member Noyola said he thinks this proposal is bad business for companies that are
not located in Corpus Christi. Mr. Garcia said staff has received complaints about non -Corpus
Christi wrecker companies involving excessive charges and abusive practices. Responding to Mr.
Noyola, Assistant Chief Bung said they are aware of problems with two out-of-town companies. He
added that at this time staff does not have a recommendation regarding the repossession companies.
Ms. Stella Cano, of Texas Wrecker Service, said they have been in business for 38 years. She
said she does not think that requiring a permit will solve the problem; rather, the city should put a
cap on the private property impound (PPI) fees. She said that raising the wrecker companies' fees
will in tum increase customers' costs.
Minutes - Regular Council Meeting
August 20, 2002 - Page 11
Mr. Garrett asked if the PPIs can be capped. Assistant Chief Bung said staff believes they can
cap w hat a c ompany charges for a non -consent tow. He said some of the wrecker companies
recommended costs of between $85 and $125; however, a final decision has not yet been made. He
said companies have indicated that non -consent tows are their most risky tows. He said right now
the city does not regulate that fee at all.
Mr. Zastrow said that currently the city has a cap of $50 on rotation -list tows, whereby the
Police Department summons wrecker companies based upon their position on the list. On the other
hand, the city currently does not regulate the prices that can be charged for PPIs, which are non-
consent tows from parking lots and private property where the owner is calling in his own wrecker.
However, federal law does allow a city to set a maximum fee for any tow in a non -consent situation.
He said the wrecker companies emphasized the large amount of risk and liability associated with
PPIs, which they feel should justify charging a higher fee than a rotation -list tow. Mr. Noyola asked
why the private property owner is not required to also pay a fee in a PPI situation. Mr. Zastrow said
that the vehicle is basically trespassing on the private property. Mr. Garcia added that the city can
only deal with tows that are in the public rights-of-way.
Mr. Garrett asked Mr. Galvan what he would do if the vehicle owner arrived while his car
was being towed. Mr. Galvan replied that he does not work for the public but only does
repossessions. He said he does not have a right to tow someone's car unless there is a lien against
it or unless a police officer is directing him to do so. Mr. Garcia said the ordinance addresses that
situation by including a $35 "drop" fee.
Mr. Joe Dees, owner of Statewide Wrecker, said his company has been in business for 30
years. He said a lot of private property towing in Corpus Christi is of abandoned vehicles and that
is less than 5% of many companies' business. He said tow trucks are specialized motor carriers and
are heavily regulated by the state. He said he agrees with some of the out-of-town companies that
this will increase customers' costs. Instead, there are other ways to control abuses and he and others
are willing to work with staff to do so.
Mr. Noyola made a motion to close the public hearing, seconded by Mr. Kinnison, and
passed. Mr. Garrett asked staff to pursue the issue of the cap on charges.
* * * * * * * * * * * *
*
Mayor Neal opened discussion on Item 30, utilities system revenue refunding and
improvement bonds. Ms. Lee Ann Dumbauld, Director of Finance, explained that this allows the city
to issue up to a total of $130 million in bonds to be used as follows: pay off commercial paper, $42
million; refund existing utility system revenue bonds, approximately $30 million; provide new funds,
approximately $54 million; and cover the bond issuance costs, approximately $1.6 million She said
the true interest cost overall is about 4.4% but the city has not yet reached its target of 3% in present
value savings on the refunded portion. She said this ordinance gives the city the flexibility up to
September 20'h to price the bonds on the most appropriate day. Mayor Neal called for comments.
Mr. J.E. O'Brien, said he was concerned that the Council knows what they are doing when
Minutes - Regular Council Meeting
August 20, 2002 - Page 12
they approve this ordinance. He said the support material has been very scarce, including a list of
what bonds are being refunded and the projects to be funded with the $53.6 million. Mayor Neal said
that money is to fund the city's capital improvement program (CIP).
Mr. Mark Seal, ofM.E. Allison (the city's financial advisor), said the bonds they are looking
to refund are approximately $20,245,000 of the Series 2000A bonds; $1.7 million of the Series 1994
and $5.2 million of Series 1994A. He said they were thinking of going into the market today but the
treasury market yields are low at this time. However, they feel the rates will come back in the next
few days to achieve the 3% value savings. If they do not, they will wait until the prices are better.
City Secretary Chapa polled the Council for their votes as follows:
30. ORDINANCE NO. 024982
Ordinance authorizing the issuance and sale of City of Corpus Christi, Texas Utilities System
Revenue Refunding and Improvement Bonds, Series 2002, in an aggregate principal amount
not to exceed $130,000,000; authorizing the City Manager to execute a bond purchase
agreement subject to parameters set forth in the ordinance; authorizing the execution of an
escrow agreement; and ordaining other matters related to the sale of the bonds.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
*************
Mayor Neal opened discussion on Item 31, RTA miscellaneous street improvements. There
were no comments from the audience. City Secretary Chapa polled the Council for their votes:
31. M2002-256
Motion authorizing the City Manager or his designee to execute a construction contract with
Garrett Construction Company, of Corpus Christi, Texas, in the amount of $220,343.40 for
the Regional Transportation Authority (RTA) Miscellaneous Street Improvements, Phase 1.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison,
Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
*************
Mayor Neal opened discussion on Item 32, sanitary sewer trunk main rehabilitation. There
were no comments from the audience. Council Member Kelly said this involves the sanitary sewer
on Omaha Street and he asked if this project will impact the completion of that street. Mr. Angel
Escobar, Director of Engineering Services, said this portion is between Agnes and Old Brownsville
Road, which is a different location from the street construction. City Secretary Chapa polled the
Council for their votes:
Minutes - Regular Council Meeting
August 20, 2002 - Page 13
32. M2002-257
Motion authorizing the City Manager or his designee to execute a construction contract with
Garver Construction, Ltd., of Houston, Texas in the amount of $3,579,822.50 for the
Sanitary Sewer Trunk Main Rehabilitation.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Longoria,
and Noyola voting "Aye"; Colmenero, Kinnison and Scott absent.
City Manager Garcia said that Items 31-35 are the projects that will be executed as a result
of the bond sale approved under Item 30.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 33, water storage reservoirs. There were no comments
from the audience. City Secretary Chapa polled the Council for their votes as follows:
33.a. M2002-258
Motion authorizing the City Manager or his designee to execute a construction contract with
Preload, Inc., of Hauppauge, New York, for a total fee not to exceed $3,765,422 for the
North Navigation Boulevard Pumping Plant Contract No. 1: Two (2) Ten Million -Gallon
Storage Reservoirs.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison,
Longoria, and Noyola voting "Aye"; Colmenero and Scott absent.
33.b. M2002-259
Motion authorizing the City Manager or his designee to execute a testing services agreement
with Fugro South Inc., of Corpus Christi, Texas, for a total fee not to exceed $31,000 for the
North Navigation Boulevard Pumping Plant Contract No. 1: Two (2) Ten Million -Gallon
Storage Reservoirs.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison,
Longoria, and Noyola voting "Aye"; Colmenero and Scott absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 34, water transmission main. There were no
comments from the audience. City Secretary Chapa polled the Council for their votes:
34.a. M2002-260
Motion authorizing the City Manager or his designee to execute a construction contract with
Minutes - Regular Council Meeting
August 20, 2002 - Page 14
Jalco, Inc., of Houston, Texas, for a total fee not to exceed $3,187,800 for the North
Navigation Boulevard pumping plant contract No. 3: 36" diameter water transmission main
(North Navigation Boulevard pumping plant to Caldwell Street pumping plant).
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison,
Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
34.b. M2002-261
Motion authorizing the City Manager or his designee to execute a testing services agreement
with Fugro South Inc. of Corpus Christi, Texas, for a total fee not to exceed $116,000 for the
North Navigation Boulevard pumping plant contract No. 3:36" diameter water transmission
main (North Navigation Boulevard pumping plant to Caldwell Street pumping plant).
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison,
Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 35, property acquisition for the McArdle Road street
improvements, Phase 3. Responding to a question from Mayor Neal, Mr. Escobar said staff is
continuing with the Bond 2000 projects which are included in the CIP program, as is the McArdle
Road project. He said this action involves eight of the 16 parcels of land that will be acquired.
Council Member Garrett said this project will be a great improvement in that area. He asked
about potential problems with the other eight land acquisitions. Mr. Escobar said staff is approaching
it in a very diligent manner and have shared the appraisals with each of the property owners. He said
at this point he does not think they will have to go to condemnation. Mr. Garrett asked about the time
line and Mr. Escobar said they set aside 14 months for the land acquisition and are currently ahead
of schedule. In addition, the plans and specifications are 90% complete and they might be ready to
go out for bids after the first of the year.
There were no comments from the audience. City Secretary Chapa stated that Council
Member Scott would be abstaining from voting on Item 35. (Note: Later in the meeting Council
Member Chesney stated that he had inadvertently voted on Bern 35 but realized he needed to
abstain. There was consensus of the Council to allow him to change from voting "Aye" to
abstaining.) Mr. Chapa polled the Council for their votes as follows:
35.a. M2002-262
Motion authorizing the City Manager or his designee to execute a real estate sales contract
with Jesse David Bebout, Jr., in the amount of $85,300, plus $1,500 in closing costs and an
additional amount not to exceed $22,500 for relocation assistance to cover moving costs,
price differential payments and incidental expenses for replacement housing, for the purchase
of fee simple property rights for Parcel 3, being all of Lot 11, Block 1, Mount Vernon
Minutes - Regular Council Meeting
August 20, 2002 - Page 15
Subdivision, with street address of 4901 Wynona Drive, necessary for the McArdle Road
street improvement project, Phase 3, Project No. 6146, and for other municipal purposes.
The foregoing motion passed by the following vote: Neal, Garrett, Kelly, Kinnison,
Longoria, and Noyola voting "Aye"; Chesney and Scott abstaining; Colmenero absent.
35.b. M2002-263
Motion authorizing the City Manager or his designee to execute a real estate sales contract
with Irma Noemi Garcia, in the amount of $83,500, plus $1,500 in closing costs and an
additional amount not to exceed $22,500 for relocation assistance, to cover moving costs,
price differential payments and incidental expenses for replacement housing, for the purchase
of fee simple property rights for Parcel 4, being all of Lot 13, Block 2, Mount Vemon
Subdivision, with street address of 4902 Wynona Drive, necessary for the McArdle Road
street improvement project, Phase 3, Project No. 6146, and for other municipal purposes.
The foregoing motion passed by the following vote: Neal, Garrett, Kelly, Kinnison,
Longoria, and Noyola voting "Aye"; Chesney and Scott abstaining; Colmenero absent.
35.c. M2002-264
Motion authorizing the City Manager or his designee to execute a real estate sales contract
with Mary Pefia, in the amount of $72,000, plus $1,500 in closing costs and an additional
amount not to exceed $22,500 for relocation assistance to cover moving costs, price
differential payments and incidental expenses for replacement housing, for the purchase of
fee simple property rights for Parcel 5, being all of Lot 12, Block 2, Mount Vernon
Subdivision with street address of4901 Willowbrook Drive, necessary for the McArdle Road
street improvement project, Phase 3, Project No. 6146, and for other municipal purposes.
The foregoing motion passed by the following vote: Neal, Garrett, Kelly, Kinnison,
Longoria, and Noyola voting "Aye"; Chesney and Scott abstaining; Colmenero absent.
35.d. M2002-265
Motion authorizing the City Manager or his designee to execute a real estate sales contract
with Benjamin De La Rosa and wife, Eunice De La Rosa, in the amount of $65,000, plus
$1,500 in closing costs and an additional amount not to exceed $22,500 for relocation
assistance to cover moving costs, price differential payments and incidental expenses for
replacement housing, for the purchase of fee simple property rights for Parcel 6, being all of
Lot 8, Block 3, Mount Vemon Subdivision, with street address of4902 Willowbrook Drive,
necessary for the McArdle Road street improvement project, Phase 3, Project No. 6146, and
for other municipal purposes.
The foregoing motion passed by the following vote: Neal, Garrett, Kelly, Kinnison,
Longoria, and Noyola voting "Aye"; Chesney and Scott abstaining; Colmenero absent.
Minutes - Regular Council Meeting
August 20, 2002 - Page 16
35.e. M2002-266
Motion authorizing the City Manager or his designee to execute a real estate sales contract
with Anita Carrol Frees -Foster, in the amount of $63,000, plus $1,500 in closing costs and
an additional amount not to exceed $5,250 for relocation assistance of any existing tenants,
including but not limited to rental assistance or down payment supplement for replacement
housing and moving costs, for the purchase of fee simple property rights for Parcel 7, being
all of Lot 7, Block 3, Mount Vernon Subdivision, with street address of 4901 Waltham
Drive, necessary for the McArdle Road street improvement project, Phase 3, Project No.
6146, and for other municipal purposes.
The foregoing motion passed by the following vote: Neal, Garrett, Kelly, Kinnison,
Longoria, and Noyola voting "Aye"; Chesney and Scott abstaining; Colmenero absent.
35.f. M2002-267
Motion authorizing the City Manager or his designee to execute a real estate sales contract
with Becky Fair, in the amount of $68,000, plus $1,500 in closing costs and an additional
amount not to exceed $22,500 for relocation assistance to cover moving costs, price
differential payments and incidental expenses for replacement housing, for the purchase of
fee simple property rights for Parcel 13, being all of Lot 14, Block 6, Mount Vernon Unit 2,
with street address of 4901 Wexford Drive, necessary for the McArdle Road street
improvement project, Phase 3, Project No. 6146, and for other municipal purposes.
The foregoing motion passed by the following vote: Neal, Garrett, Kelly, Kinnison,
Longoria, and Noyola voting "Aye"; Chesney and Scott abstaining; Colmenero absent.
35.g. M2002-268
Motion authorizing the City Manager or his designee to execute a real estate sales contract
with Richard T. Lopinto and wife Gwen F. Lopinto, in the amount of $81,000, plus $1,500
in closing costs and an additional amount not to exceed $22,500 for relocation assistance
to cover moving costs, price differential payments and incidental expenses for replacement
housing, for the purchase of fee simple property rights for Parcel 14, being all of Lot 1,
Block 7, Mount Vernon Unit 2, with street address of 4902 Wexford Drive, necessary for the
McArdle Road street improvement project, Phase 3, Project No. 6146, and for other
municipal purposes.
The foregoing motion passed by the following vote: Neal, Garrett, Kelly, Kinnison,
Longoria, and Noyola voting "Aye"; Chesney and Scott abstaining; Colmenero absent.
35.h. M2002-269
Motion authorizing the City Manager or his designee to execute a real estate sales contract
with Juan Ledesma and wife Dahlia Ledesma, in the amount of $83,000, plus $1,500 in
Minutes - Regular Council Meeting
August 20, 2002 - Page 17
closing costs and an additional amount not to exceed $22,500 for relocation assistance to
cover moving costs, price differential payments and incidental expenses for replacement
housing, for the purchase of fee simple property rights for Parcel 15, being all of Lot 24-R,
Block 7, Mount Vernon Unit 2, with street address of 4901 Andover Street, necessary for the
McArdle Road street improvement project, Phase 3, Project No. 6146, and for other
municipal purposes.
The foregoing motion passed by the following vote: Neal, Garrett, Kelly, Kinnison,
Longoria, and Noyola voting "Aye"; Chesney and Scott abstaining; Colmenero absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 36, setting the tax rate. Ms. Dumbauld said this action
coincides with the rate that the Council adopted in the budget, which is 46 cents for maintenance and
operation and 18.5 cents for principal and interest on debt service. Council Member Kinnison asked
if this is the same tax rate as last year, and Ms. Dumbauld replied affirmatively. The Mayor called
for public comment.
Mr. J.E. O'Brien said he was opposed to Item 36. He said if the Council adopts this tax rate,
the city will receive $2,559,509 more than it received last year. He said if the city was to adopt the
effective tax rate, which is about 2 cents less, the city would still receive an additional $643,094. He
said that under state law the city is required to publish the effective tax rate calculation. As part of
that, the city published a listing of the bonds to be paid from property taxes. However, he said the
published debt service of $15.5 million does not match the figures in the ordinance of $22.2 million,
which is a difference of $7 million. Mr. O'Brien also questioned the fund balance amounts and he
said there is a difference in the debt rate, which he described.
Ms. Dumbauld said the first item that Mr. O'Brien referred to has to do with the issuance of
certificates of obligation and self-supporting debt. She said she would have to meet with him
personally to reconcile each of the other numbers he mentioned. Responding to Council Member
Noyola, Ms. Dumbauld said she believes the city's numbers reconcile with the requirements of what
is in the code for the calculation of the effective tax rate. She said she did not know the source of Mr.
O'Brien's figures. Mr. Cruz-Aedo said the city followed the truth in taxation requirements. Council
Member Kinnison asked if staff is standing behind the numbers that were published by the city, and
Ms. Dumbauld replied affirmatively. City Secretary Chapa polled the Council for their votes:
36. FIRST READING ORDINANCE
Ordinance prescribing the taxes to be levied, assessed, and collected by the City of Corpus
Christi, Texas for tax year 2002, and for each succeeding year thereafter until otherwise
provided and ordained and such other years as the same may be applicable.
The foregoing ordinance passed on first reading as follows: Neal, Chesney, Garrett, Kelly,
Kinnison, Longoria, and Scott voting "Aye"; Noyola voting "No"; Colmenero absent.
Minutes - Regular Council Meeting
August 20, 2002 - Page 18
Mayor Neal opened discussion on Item 37, animals in KidsPlace. Council Member Longoria
commented on the need for that ordinance. He also said the city needs to find a way to prevent
people from driving their cars onto the grass at Cole Park. City Secretary Chapa polled the Council:
37. FIRST READING ORDINANCE
Ordinance amending the City Code of Ordinances, Chapter 36, by adding new Section 36-10,
Animals in Cole Park, prohibiting a person from allowing an animal within their custody or
control to enter the KidsPlace Playground located within Cole Park; providing for penalties;
and providing for an effective date.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero and Kelly absent.
* * * * * * * * * * * * *
Mayor Neal called for a brief recess. Upon reconvening, he opened discussion on Item 38
regarding the election date for proposed charter amendments. City Attorney Bray explained that his
memo in the agenda packet cites Section 9.004(b) of the Texas Local Government Code, which
basically says that when there is a petition for a charter amendment (as applicable in this case), the
Council has the option of putting it on the next uniform election date or upon the next general
municipal election date. Consequently, the Council has a choice to put the proposed charter
amendments on the ballot for November 5, 2002 or April 5, 2003.
The Mayor asked City Secretary Chapa to provide an update on the strong -mayor charter
amendment. Mr. Chapa replied that that petition was submitted and verified to have the requisite
number of signatures, so it will have to be put on the ballot in either November or April. He said that
yesterday a petition was submitted by Plan Our Waterfront (POW) and his staff has begun the
verification process, which should take 10 to 12 business days to complete. He said if that petition
meets the requirements, it will also have to be put on the ballot in November or April.
Mayor Neal then asked City Manager Garcia to discuss a letter he received dated August 19,
2002 from Landry's Restaurants Inc. Mr. Garcia said city staff have been in active negotiations with
Landry's officials and their target date to complete a memorandum of understanding (MOU) for the
manna redevelopment project was the end of August. He said after the POW group delivered their
petitions regarding the lease terms allowed on the waterfront, Landry's officials felt that action
brought into question the whole viability of their agreement. He said their letter indicated they were
going to suspend negotiations with the city until the issue of whether or not they would be able to
have a lease was resolved.
Mr. Garcia added that Landry's representatives were still very supportive of the project but
they did not want to be the focal point of the discussion; i.e., they did not want the referendum to be
about Landry's but rather about whether Corpus Christi wants to have economic development.
Landry's officials also said that if the proposed charter amendment is defeated, they will be willing
to pick up negotiations to conclude the transaction. But if the proposal succeeds, there will be no
Minutes - Regular Council Meeting
August 20, 2002 - Page 19
need to continue. Mr. Garcia said he spoke to Mr. Tilman Fertitta, CEO of Landry's, and asked him
to stay with the city, but the negotiations are in suspense at this point.
Mr. Michael Terry, a local attomey and member of the negotiating team, said that Landry's
was extremely interested in making this project work but they want the POW referendum to be
resolved before they continue their negotiations. He said he thought the MOU was about 95%
complete before the petition was submitted yesterday. Mayor Neal called for public comment.
Mr. Bill Kopecky, 3609 Topeka, said their petition does not use the words "strong -mayor"
but rather "mayor -council" form of government. He said he also disagrees with Mr. Bray's
interpretation of the section of the code on when an election can be held after a petition is filed for
charter amendment. He urged the Council members to put their issue on the November ballot
because it is time -sensitive. He explained that the purpose of their charter amendment language was
to give the city a full 21/2 years to appoint a charter revision commission to come up with other
detailed changes in the charter that would be necessary to implement a mayor -council form of
government. However, if it is placed on the April 2003 ballot and it passes, then the mayor who takes
office in 2005 would be a c hief e xecutive officer with only a $9,000 salary because the next
opportunity to amend the charter after that would be May, a month after the new Council and Mayor
take office in 2005. Mr. Kopecky also urged them to keep the discussion of this to the issues and not
to scare tactics.
Mr. Jack Gordy, 4118 Bray, said he concurs with Mr. Kopecky about putting the charter
amendment issue on the November ballot. He referred to the firefighters' petition a few months ago
and said that a majority of the Council was against a pay raise for the firefighters until they obtained
the necessary number of signatures. He said the reason for these petitions is because the people of
Corpus Christi are unhappy. He said if the Council waits until April, it will be a slap in the face to
the people. He also commented on requesting Attorney General's opinions.
Mayor Neal replied that the majority of the Council was not against the firefighters receiving
a raise; rather, they were opposed to the amount of the increase the firefighters were asking for and
the manner in which they were doing it.
Mr. Abel Alonzo, 1701 Thames, said he signed the strong -mayor petition because he believes
in choice. He said it is very obvious that some people in the community are not satisfied. However,
as one of the original plaintiffs, he said he is concerned how that form of government will affect the
Council single -member districts. He also questioned whether the city will pay the Mayor and Council
the money they deserve if they are full-time representatives. Without adequate compensation, only
the rich and/or retired will be able to afford to run for office. He urged the Council to put the issue
on the November ballot. He questioned whether the city will be able to continue to grow and he
discussed the perception issue.
Mr. J.E. O'Brien urged the Council to place both proposals on the November ballot. He said
over 20,000 people have indicated an interest in some kind of a change on something having to do
with city affairs. Council Member Scott questioned Mr. O'Brien's statement that 20,000 people had
signed the petitions and he asked whether Mr. O'Brien had signed both petitions. Mr. O'Brien
Minutes - Regular Council Meeting
August 20, 2002 - Page 20
replied that he signed both. He said there were 9,600 signatures on the Taxpayers Association's
strong -mayor petition and over 12,000 signatures on the POW petition. He said he did not say they
were different people who signed the petitions. Council Member Chesney said he was tired of the
banter between the Council and citizens.
Mr. David Noyola, 909 Marie Circle, asked the Council to place both issues on the ballot and
let the people decide. He said he signed both petitions and he asked if the Yacht Club was exempt
from the proposed charter amendment submitted by the POW group. Mr. Bray said he thought the
petition language excludes 501(c)(3) organizations and he does not believe the Yacht Club falls
under that section of the Internal Revenue Code. Council Member Noyola asked who owns the land
the Yacht Club sits on and Mr. Garcia replied that the Yacht Club owns it. Mr. David Noyola said
that issue should be addressed before the Council takes action.
Mr. Andy Ficken said he is a member of POW and they collected up to 12,000 signatures and
they certified a majority of the names before they submitted the petitions to the City Secretary. He
said the people who signed it are not all against development nor are they all for development—he
said they felt they needed to have a say on this issue. Mr. Ficken said he is a member of the Yacht
Club, which pays the city over $100,000 per year for rental on the submerged lands. He said the club
has not taken a position on POW because it is too political.
Council Member Kinnison asked if the Yacht Club is a 501(c)(3) organization and Mr.
Ficken said he is not sure. Council Member Kelly asked why that exclusion was included in the
ballot referendum. Mr. Ficken said he did not know why nor does he know who drafted the language.
Mr. Kelly asked if it was possible that people from the Yacht Club who were active in the POW
group purposefully excluded their own organization. Mr. Ficken said they would not do that.
Mr. Kinnison made a motion to direct staff to put the strong -mayor petition on the November
5, 2002 ballot and, subject to the certification by the City Secretary's Office, that the POW petition
also be placed on the November ballot. The motion was seconded by Mr. Chesney.
Mr. Kinnison said it is crucial for all the Council members to take an active role in the
November election because it is a very crowded ballot. He said they need to get factual information
to the voters because of the misinformation in the POW's ads and comments made by supporters and
members of the POW group. He said this is not about whether the Council gets re-elected next April.
He said it is extremely important to pass the 1/8 -cent sales taxes for the Crime Control District and
the economic development initiatives and to defeat both of the charter amendments.
Mr. Chesney said he seconded Mr. Kinnison's motion because they have worked very hard
to open the government up and allow people to spend hours discussing all the issues. He said he
strongly supports putting the issues on the ballot and he added that these are monumental choices.
He said he hopes the citizens take the issues very seriously and he asked about other housekeeping
charter amendments.
Council Member Scott said he thinks November will be a watershed moment in Corpus
Christi's history. He said that being able to put opportunities for greater public family entertainment
Minutes - Regular Council Meeting
August 20, 2002 - Page 21
on the T -Heads will be beneficial. He cited a recent Sports Illustrated article about Nolan Ryan that
noted Mr. Ryan's attempts to bring a minor league team to Corpus Christi. He said if the voters
approve the sales tax initiatives the city's future will never have been brighter.
Council Member Noyola said he wanted to get more information about the POW's petition
regarding the Yacht Club. Responding to a question from Mr. Noyola, Mr. Bray said the charter
amendment itself will be their language while the Council selects the ballot language. Mr. Noyola
said he will be very disappointed with the POW people if they intend to exclude the Yacht Club from
the charter amendment.
Mr. Garcia reiterated that the land the Yacht Club building sits on is owned by that
organization; the boat slips and the piers are leased from the city and they have a five-year lease on
those slips. Council Member Longoria said the purpose of the Landry's development is to improve
the marina's infrastructure and provide entertainment for the general public, but the POW petition,
if successful, will create a buffer around the Yacht Club and prohibit such development.
Mayor Neal asked if it was also part of Mr. Kinnison's motion that the Council place no other
charter amendments on the ballot; Mr. Kinnison replied affirmatively. The Mayor said the two
charter amendments serve very special interests. He said he thinks it is unconscionable that a group
like the Taxpayers Association, who come to City Hall demanding to know the particulars of every
issue, would tell the voters to just trust them regarding the details of the strong -mayor government.
Mr. Kopecky made comments from his seat and the Mayor told him he was out of order.
The Mayor went on to say that some people think the city's government is out of control and
yet the rating agencies and others seem to think that the government is pretty much under control.
He said there are people who circulated petitions but do not know what the petitions say and cannot
answer questions about them. He said he hopes the Council can bring the two charter amendment
issues to the public in such a way as to leave personalities out of the debate and let people vote based
on the facts. He said this is a critical time in the city and he noted that the Council voted
unanimously to proceed with the Landry's negotiations.
Council Member Garrett said he was born and raised in Corpus Christi and he is convinced
that when the citizens get the facts on these issues, they will vote to defeat the POW and strong -
mayor petitions. He said the petition supporters have not been able to answer questions about them.
He said the city needs economic development and the Crime Control District.
Mr. Chapa polled the Council on Mr. Kinnison's motion and it passed as follows: Neal,
Chesney, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience.
Mr. Jack Gordy said there are political signs still standing of candidates who are not running
in the November general election which are violating state law. He said those violators are not being
Minutes - Regular Council Meeting
August 20, 2002 - Page 22
held accountable by the Council. He also said he still has not received a verifiable answer as to why
they cannot have a choice on the ballot for the location of a baseball stadium.
Mr. Phil Rosenstein said the statement on the agenda regarding Council meeting decorum
left out the phrase in the Code of Ordinances that says, "These rules are not meant to restrain a
citizen's First Amendment rights." He said the agenda statement is unconstitutional and should be
removed. He also referred to a definition of the word "accused" and said he accuses the Council of
intimidating and trying to restrain citizens' First Amendment right of free speech.
Mr. Daniel Vera asked for flexibility regarding Mr. P.S. Vera's attempt to have his business
rezoned. He said somehow a portion of the plat fee was not paid, which would require Mr. Vera to
start the process over. Mayor Neal asked staff to look into that situation and Council Member Noyola
requested the information since the business is located in his district.
Mr. J.E. O'Brien said today the Council spent in excess of $14 million and there were not
very many questions asked. He said if there were people circulating petitions who could not answer
questions, it seems to him that that is similar to city staff, who also cannot answer questions.
Mr. Gart Bowling said he lives on Padre Island and was one of the people circulating the
POW petition regarding marina leases. He said 14 out of 15 people he spoke to were very
enthusiastic about the petition. He said there are many other people who want to do their civic duty.
Mr. Abel Alonzo said he was also born and raised in Corpus Christi. He said he signed both
of the charter amendment petitions because people were told they were going to have a choice.
However, he said he is now going to oppose both petitions because they were misleading from the
very beginning and cater to the elite. He agreed that they cannot let personalities enter the debate and
he will work hard to bring out the facts. He said he wants economic development to continue in
Corpus Christi to benefit everyone, particularly young people.
Mr. John Holmgreen said the POW petition specifically mentions 501(c)(3) corporations so
that those that have a special tax status as charitable corporations, such as the Texas State Aquarium
or the U.S.S. Lexington Museum on the Bay, would be exempted from the scope of the petition's
amendment. He also said the Corpus Christi Yacht Club is not a 501(c)(3) corporation but rather is
a Texas not-for-profit corporation and is treated under the Internal Revenue Code as a private club,
a 501(c)(7) organization.
* * * * * * * * * * * * *
Mayor Neal called for the City Manager's report. Mr. Garcia said that next week the Council
has a joint luncheon meeting at noon with the Crime Control District board, followed by the regular
Council meeting. Mayor Neal called for Council concems and reports.
Mr. Garrett asked about the status of the Louisiana Parkway revitalization effort. Mr. Dan
Whitworth, Director of Park and Recreation, said staff submitted a draft use privilege agreement to
the organization working on that revitalization and will meet with them next week to discuss it.
Minutes - Regular Council Meeting
August 20, 2002 - Page 23
Mr. Chesney said a town hall meeting will soon be held in District 1. He said they had a
productive first Friends of the Park meeting in August and will have another one on September 4`"
at 5:30 p.m. Mr. Noyola asked staff to contact the Regional Transportation Authority about providing
route maps and transfer area information to the bus riders.
Mr. Scott passed on a letter to Mr. Garcia from a constituent and he asked about the status
of the traffic light on Saratoga by American Bank. Mr. Escobar said the bid package is being
prepared and it should be out for bids in mid-September with award to follow the next month. He
said it takes six months to get the equipment. Mr. Kelly asked if the bid package will include all four
of the remaining intersections from the Bond 2000 package, and Mr. Escobar said it will. Mr. Scott
also quoted from the statements Moody's bond rating agency made about the city's rating upgrade.
Mr. Kelly said the Council addressed monumental issues at their meeting but at the same
time there are many smaller -scale events going on. He reported that Beautify Corpus Christi, in
connection with the 1 ocal B oy S couts, d id a w onderful j ob i n t he L abonte P ark c lean -up 1 ast
weekend. He said another clean-up is scheduled at Northside Manor at 9 a.m. on August 24t.
Mayor Neal said two citizens came in after he closed the public comment portion of the
meeting and he offered them the opportunity to address the Council.
Ms. Dodie Hummell, 304 Topeka, said she is a member of Plan Our Waterfront and she
shares all of their concerns for the marina, which she said is a wet basin for the mooring of boats.
She said there is a growing fear that the negotiations with Landry's will redefine one of Corpus
Christi's purest signatures.
Ms. Marci Taylor, 5 Hewitt, said she was one of the people circulating the POW petition and
asked if the Council had any questions for her. Mr. Scott asked if any people were paid in that effort.
Ms. Taylor said she was a volunteer and the group was a collection of individual citizens.
Mayor Neal said he inadvertently overlooked Ms. Veatch's name. Ms. Susan Veatch, 4848
Monette, said she also collected signatures for the POW petition and they hired some young people
who needed a lot of training. She emphasized that people from all walks of life felt strongly that they
should have the right to vote on waterfront leases in the marina and Cole Park. She invited the
Council to go on a sailing tour of the marina in the evening. Mr. Longoria said they should include
a driving tour of the marina to view the infrastructure improvements that need to be made.
Mr. James Skrobarcek said he is happy to hear that Landry's is paying attention to what
citizens have to say and he hopes the Council will as well. He said he thinks Mr. Caldwell's letter
appears to be an attempt at persuasion more than a delivery of information, and he questioned
whether it may have involved some conversation with someone sitting at the Council table.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 5:44 p.m. on August 20, 2002.
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