HomeMy WebLinkAboutMinutes City Council - 09/17/2002I 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 September 17, 2002, which were approved
by the City Council on September 24, 2002.
WITNESSETH MY HAND AND SEAL, this 24th day of September 2002.
Armando 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
September 17, 2002 - 2:13 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. John Elford, St. John's United Methodist Church, and the Pledge of
Allegiance to the United States flag was led by the Mayor. 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. Mayor Neal called for approval of the minutes of the joint Council meeting of
August 27, 2002 and the regular meeting of September 9, 2002. A motion was made and passed to
approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Neal called for consideration of the consent agenda (Items 2-17). City Secretary Chapa
announced the following abstentions: Council Member Scott on Item 15.a. and Council Member
Chesney on Item 15.b. Council members requested that Items 6, 12, 14 and 15 be discussed. There
were no comments from the audience. Mr. Chapa polled the Council for their votes:
2. M2002-298
Motion approving a supply agreement for an estimated 1,553 cases of white copy paper and
214 cases of colored copy paper in accordance with Bid Invitation No. BI -0090-02 with
Pollock Paper of San Antonio, Texas, based on low total bid for an estimated six-month
expenditure of $44,682.75. The term of the contract is for six months with options to extend
for up to four additional six-month periods, subject to the approval of the contractor and the
City Manager or his designee. The paper is used by various City departments.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
3. M2002-299
Motion approving a supply agreement for serial publication services, consisting of 460
Minutes - Regular Council Meeting
September 17, 2002 - Page 2
magazine, newspaper and trade journal subscriptions in accordance with Bid Invitation No.
BI -0132-02 with Popular Subscription Service, Terre Haute, Indiana, based on only bid for
an estimated annual expenditure of $29,981.68. 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 the Corpus Christi Public Library and the South Texas Library System in FY 2002-2003.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
4. M2002-300
Motion authorizing the City Manager or his designee to execute a contract with Dawson
Recycling Inc. of Gregory, Texas, guaranteeing the annual delivery of specific tonnage of
acceptable waste to the J.C. Elliott Landfill for a specified fee, for a period not to exceed the
life of the J.C. Elliott Landfill.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
5.a. M2002-301
Motion approving the reimbursement application submitted by Star Operations Inc.,owner
and developer of Block "A", Saratoga Subdivision, for the installation of 690 linear feet of
a 12 -inch PVC water grid main.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
5.b. ORDINANCE NO. 025019
Ordinance appropriating $19,077.55 from the Water Arterial Transmission and Grid Main
Trust Fund No. 4030-209010 to pay developer reimbursement request for the installation of
690 linear feet of a 12 -inch PVC water grid main to develop Block A Saratoga Subdivision.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
7. M2002-303
Motion authorizing the City Manager or his designee to execute a memorandum of
agreement with the United States of America, Department of Interior, Bureau of Reclamation
and the City of Three Rivers for the purpose of defining responsibilities related to the design,
placement and operation and maintenance of new municipal and industrial water delivery
system at Choke Canyon Reservoir, Nueces River Project.
Minutes - Regular Council Meeting
September 17, 2002 - Page 3
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
8.a. M2002-304
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$5,000 from the National Endowment for the Humanities. Funds will be used to purchase
furniture and preservation supplies for the local history department of the Corpus Christi
public libraries.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
8.b. ORDINANCE NO. 025020
Ordinance appropriating $5,000 from the National Endowment for the Humanities in the No.
1050 FederallState Grants Fund for the purchase of furniture and preservation supplies for
the local history department of the Corpus Christi public libraries.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
9.a. M2002-305
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$6,000 and to execute a contract and all related documents with the Texas State Library and
Archives Commission for a TexTreasures grant. Funds will be used to inventory, organize
and digitize early Corpus Christi documents at the Corpus Christi public libraries.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
9.b. ORDINANCE NO. 025021
Ordinance appropriating a $6,000 TexTreasures grant from the Texas State Library and
Archives Commission in the No. 1050 Federal/State Grants Fund to inventory, organize and
digitize early Corpus Christi documents at the Corpus Christi Public Libraries.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
9.c. M2002-306
Motion authorizing the City Manager or his designee to execute a gift agreement to receive
$3,000 from the Friends of the Corpus Christi Public Libraries to be used as matching funds
Minutes - Regular Council Meeting
September 17, 2002 - Page 4
for the TexTreasures grant awarded by the Texas State Library and Archives Commission.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
9.d. ORDINANCE NO. 025022
Ordinance appropriating $3,000 from the Friends of the Corpus Christi Public Libraries in
the No. 1050 Federal/State Grants Fund for matching grant funds for the TexTreasures grant
awarded by the Texas State Library and Archives Commission.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
10.a. M2002-307
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$55,310 and to execute a contract and all related documents with the Telecommunications
Infrastructure Fund Board. Funds will be used to purchase computer hardware and software
for use by individuals who have vision, hearing or mobility impairments.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
10.b. ORDINANCE NO. 025023
Ordinance appropriating $55,310 from the Telecommunications Infrastructure Fund Board
in the No. 1050 Federal/State Grants Fund for computer hardware & software for the Corpus
Christi public libraries for use by individuals with vision, hearing or mobility impairments.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
10.c. M2002-308
Motion authorizing the City Manager or his designee to execute a gift agreement to receive
$5,500 from the Corpus Christi Public Library Foundation to be used as matching funds for
the grant awarded by the Telecommunications Infrastructure Fund Board.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
10.d. ORDINANCE NO. 025024
Ordinance appropriating $5,500 from the Corpus Christi Public Library Foundation in the
Minutes - Regular Council Meeting
September 17, 2002 - Page 5
No. 1050 Federal/State Grants Fund as a match for the Telecommunications Infrastructure
Fund Board grant awarded to the Corpus Christi Public Libraries.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
11.a. M2002-309
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$69,309 and to execute a contract and all related documents with the Texas State Library and
Archives Commission for the continued operation of the Technical Assistance Negotiated
Grant Program administered by the South Texas Library System, which is located at the
Corpus Christi Public Libraries, for the State Fiscal Year 2002-2003.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
11.b. ORDINANCE NO. 025025
Ordinance appropriating $69,309 from the Texas State Library and Archives Commission
in the No. 1050 Federal/State Grants Fund for the continued operation of the Technical
Assistance Negotiated Grant Program administered by the South Texas Library System,
which is located at the Corpus Christi Public Libraries.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kirmison, Longoria, Noyola, and Scott voting "Aye."
13.a. M2002-310
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$39,896 from the State of Texas, Office of the Govemor, Criminal Justice Division for third
year funding for the computer forensics specialist grant and to execute all related documents.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
13.b. ORDINANCE NO. 025026
Ordinance appropriating $39,896 in the No. 1050 FederaUState Grants Fund from the State
of Texas, Office of the Governor, Criminal Justice Division, for third year funding for the
computer forensics specialist grant; transferring $4,000 from the No. 6010 Law Enforcement
Trust Fund and $14,895 from the No. 1020 General Fund and appropriating these funds in
the No. 1050 Federal/State Grants Fund as matching grant funds.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Minutes - Regular Council Meeting
September 17, 2002 - Page 6
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
16. ORDINANCE NO. 025027
Ordinance changing the name ofParkdale Drive to Whataburger Way between Gollihar Road
and Everhart Road.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
17. ORDINANCE NO. 025028
Ordinance amending the City Code of Ordinances, Division 12, changing the name of the
"Corpus Christi Bay Area Minority Business Opportunity Committee Program" to the
"Business Resource Center."
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 6, agreement with the United States Geological
Survey (USGS). City Manager Garcia explained that this annual agreement involves the maintenance
of a series of monitoring stations. He said the cost is shared with the USGS and the city has
requested that they install some additional monitoring stations below the two dams to provide more
detailed information on rainfall levels as well as to predict flood levels. The Mayor asked if this
program monitors salinity levels and Assistant City Manager Ron Massey said it does not; rather,
it measures inflow amounts. He added that that information is available on the city's website.
Responding to Council Member Scott, Mr. Massey said one of the gauges is not transmitting
the actual flow information but it is transmitting the river height. He said the USGS is responsible
for maintaining the monitoring stations.
Council Member Kelly said he has heard criticism that the city should have released water
earlier to avoid the current flooding situation. Mr. Massey said if the city had done so, it would not
have had a significant impact on the cresting of the river. He said there are many factors that are hard
to predict in making decisions like that but they consult with the USGS, the Bureau of Reclamation,
and the National Weather Service. He said the most recent rain event occurred very close to the
reservoirs so that within a 24-hour period, Choke Canyon was three feet over its limit. He also
commented on the bay's current salinity level. City Secretary Chapa polled the Council as follows:
6. M2002-302
Motion authorizing the City Manager or his designee to execute an annual joint funding
agreement with the United States Geological Survey (USGS), U.S. Department of the
Minutes - Regular Council Meeting
September 17, 2002 - Page 7
Interior, for the continuation of surface water data collection and limited studies by the
USGS for the city's water supply activity; and providing for the city to pay the USGS the
amount of $174,045, out of a total project cost of $232,820 during the federal fiscal year
October 1, 2002 through September 30, 2003.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 12, ClearSource/Grande franchise amendment. Res-
ponding to Council Member Noyola, Ms. Susan Cable, Director ofE-Government Services, said this
action will allow the public access users to only have to make one tape for airing instead of two
tapes. She said this action is being delayed a few weeks because the interconnect site is located
within the McArdle Road construction area. She added that it will be an above -ground facility. City
Secretary Chapa polled the Council for their votes as follows:
12. FIRST READING ORDINANCE
Ordinance amending the ClearSource/Grande franchise to provide a one-month extension
for broadcasting of public and repeat government access channel programming.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 14, Frost Bank re-roofproject. Responding to Council
Member Scott, Mr. Kevin Stowers, Assistant Director of Engineering Services, said the contract
allows for up to 90 days but staff hopes to have it completed prior to that time. Mr. Scott asked when
the One -Stop Center will be opened. Mr. Stowers said they anticipate occupancy during the month
of December 2002. City Manager Garcia said in order to do that, some emergency purchases will
need to be made. City Secretary Chapa polled the Council for their votes as follows:
14. M2002-311
Motion authorizing the City Manager or his designee to execute a construction contract with
Haeber Roofing Company of Corpus Christi, Texas, for a total fee not to exceed $89,600 for
the Frost Bank building lease space re -roof and roof repairs FY 2002 project.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Minutes - Regular Council Meeting
September 17, 2002 - Page 8
Mayor Neal opened discussion on Item 15, real estate contracts for the McArdle Road
project. Responding to Council Member Colmenero, Mr. Stowers said the remaining five of the 16
residential properties are currently in negotiations. Mr. Angel Escobar, Director of Engineering
Services, said two of the properties will be on next week's Council agenda. He said the plans and
specifications are scheduled to go out in spring 2003. City Secretary Chapa polled the Council for
their votes as follows:
15.a. M2002-312
Motion authorizing the City Manager or his designee to execute a real estate sales contract
with Cheryl L. Flores in the amount of $56,000 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 16, being all of Lot
1, Block 8, Mount Vemon Subdivision Unit 2, with street address of 4902 Andover,
necessary for the McArdle Road street improvement project, Phase 3, No. 6146, Project No.
C-6, and for other municipal purposes.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott abstaining.
15.b. M2002-313
Motion authorizing the City Manager or his designee to execute a real estate sales contract
with Hesiquio Rodriquez and wife, Eva Maria Rodriquez, in the amount of $82,000 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 17, being all
of Lot 23, Block 8, Mount Vernon Subdivision Unit 3, with street address of 4901 Holmes,
necessary for the McArdle Road street improvement project, Phase 3, No. 6146, Project No.
C-6, and for other municipal purposes.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney abstaining.
* * * * * * * * * * * * *
Mayor Neal referred to the presentations o n the day's agenda. The first (Item 19) was
regarding Bayfest 2002, which will be held September 27`h - 29th. Mrs. Ashley Chesney, 2002 general
chairperson, said the event draws more than 5,000 volunteers and over the last 26 years it has
generated more than $10 million for local, non-profit agencies. She said this year's event will feature
such prominent acts as the Temptations, LL Cool J, Neal McCoy and Intocable.
The Mayor opened discussion on Item 20, Bayfest Festival street closings. There were no
comments from the audience.
Minutes - Regular Council Meeting
September 17, 2002 - Page 9
Council Member Noyola asked about the Bayfest entrance fees. Mrs. Chesney replied that
the adult ticket prices are now $7 per person (from $5); children under 6 are free; 6- to 12 -year-olds'
tickets are $1; and seniors' tickets are $2. She said the cost of putting on the festival continues to
increase. Ms. Rose Garza, Bayfest public relations chairperson, said rather than raise the costs for
the non-profit agencies, the board opted to increase the adult ticket price. Council Member Scott said
he thinks this will be a record year for the event. City Secretary Chapa polled the Council:
20. M2002-314
Motion approving the application from Bayfest, Inc. to temporarily close the following street
sections for the Bayfest 2002, September 27-29, 2002.
a. Northbound Shoreline Boulevard (inside lane only) from the north right of way of
Power Street median crossover (exclusive of the median crossover at Power Street)
to Hughes Street, beginning at 9:00 a.m., Wednesday, September 18, 2002 through
5:00 p.m., Friday, September 20, 2002 and from 6:00 a.m., Monday, September 30,
2002 through 5:00 p.m., Wednesday, October 2, 2002.
b. Southbound Shoreline Boulevard (full closure) from the south right-of-way of
Hughes Street to the north right-of-way of Power Street, beginning at 9:00 a.m.,
Wednesday, September 18 through 5:00 p.m., Wednesday, October 2, 2002.
c. Northbound Shoreline Boulevard, (full closure) between north right-of-way line of
Power Street and the north right-of-way of Hughes Street, from 2:00 p.m., Friday,
September 27 through 6:00 a.m., Monday, September 30, 2002.
d. North Water Street (full closure) between Fitzgerald Street and Hughes Street from
8:00 a.m., Friday, September 27 through 6:00 a.m., Monday, September 30, 2002.
e. Palo Alto Street, Fitzgerald Street, Resaca Street and Hughes Street (full closures to
through traffic) each between Water Street and Shoreline Boulevard, from 8:00 a.m.,
Friday, September 27 through 6:00 a.m., Monday, September 30, 2002.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
The second presentation (Item 18) was the Corpus Christi Regional Economic Development
Corporation (EDC) annual report for FY 2001-02. Mr. Ron Kitchens, CEO and President, gave a
computer presentation about the EDC's accomplishments and future goals. He discussed the
following statistics: 105 non -primary employers assisted; 21,811 unique visitors and 2,141 Spanish
language/unique visitors to the organization's web site (which was selected as "Web Site of the
Year" by the International Economic Development Council); 915 site visits for business retention
and expansion; and several appreciation luncheons held for existing businesses.
Mr. Kitchens said there are downturns in the economy and last year there were 501 lay-offs,
which the EDC continues to track. He also discussed reports and studies conducted by the EDC,
including the impact of the military on South Texas, 2002 labor availability, and a best practices
report. He said another important aspect was national and regional media coverage. He said this area
Minutes - Regular Council Meeting
September 17, 2002 - Page 10
was covered in the following publications: Forbes, Sports Illustrated, Dallas Morning News,
Houston Chronicle, Austin American -Statesman, Site Selection Magazine, San Antonio Express
News, and the Wall Street Journal. He said the EDC staff and board members also gave presentations
to 5,677 individuals.
Mr. Kitchens discussed funding, of which 32% came from the private sector and 68% came
from the public sector (city, 43%; county, 7%; port, 18%). He said this year's budget calls for 37%
of the funding to come from the private sector. With regard to marketing, Mr. Kitchens said the EDC
staff made 3,613 outbound telephone calls and sent out 13,345 direct mail pieces. They also made
impact trips to San Antonio, Austin, Houston and Dallas as well as specific marketing trips. The
marketing results were 201 suspects and 77 prospects for a conversion rate of 38%. He said the
reasons Corpus Christi was rejected as a business site varied as follows: 53% due to the slow
national economy; 16% due to local market conditions; 14% due to a lack of suitable buildings; and
3% each due to a lack of funding and lack of incentives.
He said 25 companies posted a total of 2,500 new primary jobs in FY 2001-02 as well as
3,000 new secondary jobs. Of the new jobs announced, 73% came from existing industry and 27%
came from new industries. He said the return on investment is 696% (1 to 6.96 ratio) with an
estimated annual additional public revenue of over $7.7 million. He said the total new jobs over the
last two years were 23,747, consisting of 10,794 primary jobs and 12,953 secondary jobs.
Mr. Kitchens said that in the future, the EDC staff intends to increase its home office visits
to 30 of the largest primary employers with site visits planned to 250 targeted companies. He said
they also plan to send out 2,800 direct mail pieces and make 2,100 telephone calls to individuals and
companies. He discussed community outreach programs involving NASA and the Coastal Bend
Minority Business Council, as well as a relocation campaign consisting of a relocation directory,
awareness of opportunities, spousal relocation assistance, and partnerships with existing companies
to assist in relocation. He discussed positive changes that will take place with the Harte Center for
marine studies and he noted that the EDC board voted to include City Manager Garcia as an ex -
officio member.
Mayor Neal thanked the members of the private sector for their substantial financial
commitments to help Corpus Christi grow through the EDC. Responding to Council Member
Chesney, Mr. Kitchens said the figures he uses are continually verified and are available on the web
site. Mr. Chesney suggested that Mr. Kitchens state the EDC's net gain of jobs and stay involved
with the Padre Island and Flour Bluff business associations. He also discussed funding percentages.
Council Member Scott commended the EDC board and staff for their efforts and he
commented on the economic strides that Corpus Christi has made in the last few years and the need
to publicize those successes. Mr. Kitchens referred to the proposed economic development sales tax,
which can help fund such programs as the construction of industrial parks, access to capital and
business incentives. In reply to Council Member Colmenero, Mr. Kitchens said that Corpus Christi
and San Antonio's EDCs are friendly competitors on many projects.
Council Member Kinnison asked how long Mr. Kitchens has been in charge of the EDC and
Minutes - Regular Council Meeting
September 17, 2002 - Page 11
he replied for 2V2 years. Mr. Kinnison said if the Council does not object, he would like to ask Mayor
Neal to formally send a letter to the EDC board to possibly increase the number of city
representatives. Mr. Kitchens said the board has discussed that issue. Mr. Kinnison said the EDC's
web site has a lot of valuable information which shows that Corpus Christi's economy is doing very
well, particularly compared to other Texas cities. Responding to a question from Mr. Chesney, Mr.
Kitchens said the primary jobs average $14 an hour and the secondary jobs average $12 an hour. He
said they espouse the philosophy that the best social program is a good -paying job with health care
benefits and a retirement plan.
Council Member Longoria said it was announced that the Army South Command
headquarters will be relocated from Puerto Rico to Ft. Sam Houston in San Antonio, which could
have a positive impact on the Corpus Christi Army Depot and the Port of Corpus Christi. Mr.
Kitchens said one of the reasons San Antonio was successful was because it partnered with the Port,
which has strong rail transportation with that city.
Council Member Garrett thanked the private sector for their involvement in Corpus Christi's
economic development efforts and the EDC staff and board. Council Member Noyola encouraged
Mr. Kitchens and his staff to keep up the good work and he said he would like to see more women
named to the EDC board. Mr. Kitchens noted that the female member is a city appointee.
* * * * * * * * * * * *
*
Mayor Neal opened discussion on Item 21, electric supply agreement. Mr. Mark McDaniel,
Director of Management and Budget, said the South Texas Aggregation Project (STAP) was asking
the Council to essentially take the same action they took a year ago. He said STAP is contemplating
renewing the contract with First Choice for 12 to 24 months if they can do the following: beat the
price they are offering now and clear up billing issues. He said that similar to gas prices, the electric
market is very volatile but they anticipate that action can be taken in September or October.
City Manager Garcia pointed out that the city has realized substantial utility savings from this
process so far. Mr. McDaniel said the city has 370 accounts, most of which have been converted to
First Choice although some still have billing issues. Mr. Garcia said those billing problems are being
experienced throughout the state as companies deregulate for the first time. Mr. McDaniel said
STAP wants to create stability if possible but they are talking to other retail electric providers in the
event they need to contract with another company. There were no comments from the audience. City
Secretary Chapa polled the Council for their votes as follows:
21. RESOLUTION NO. 025029
Resolution a uthorizing the C ity Manager o r h is d esignee t o e xecute a n e lectric s upply
agreement pursuant to the contract to be signed by South Texas Aggregation Project Inc. for
deliveries of electricity effective January 1, 2003.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Longoria, Noyola, and Scott voting "Aye"; Kinnison absent.
Minutes - Regular Council Meeting
September 17, 2002 - Page 12
Mayor Neal opened discussion on Item 22 regarding the November 5, 2002 election. City
Attorney Bray explained that the first amendment would amend Article I, Section 3 of the City
Charter, the first sentence of which presently states: "The municipal government provided by this
charter shall be known as the `Council Manager Government."' He said the amendment would
change that to say, "The municipal government provided by this charter shall be a `Mayor Council
Form of Government."'
Mr. Bray went on to say that the second sentence of that section of the charter presently reads,
"Pursuant to its provisions and subject only to the limitations imposed by the state constitution and
by this charter, all powers of the city shall be vested in an elective council, hereinafter referred to as
'the council,' which shall enact local legislation, determine policies, appoint the city manager, and
which council and city manager shall execute the laws and administer the government of the city."
Mr. Bray said the amendment would eliminate that sentence and replace it with the following: "The
elected mayor shall be the chief executive and administrative officer of the city."
Mr. Bray said there are no qualifications on that amendment and there are other provisions
in the charter, particularly the one regarding the city manager, which would be contradicted. He said
the amendment clearly would establish a strong mayor form of government, which is basically
characterized as having executive powers with respect to administration of the finances and budget
of the city and having the power (without Council restriction) to hire and fire the workforce.
The City Attorney said the amendment says it would be effective at the end of the Council
election in April 2005 and it has been indicated that the charter would be amended in the meantime
to flesh out what the authority of the mayor would actually be. However, he said it cannot be
assumed that any such amendment would actually occur because that supposes there would be
agreement between some sort of charter commission and the Council and that the voters would
actually approve it. Consequently, he said the proposed charter amendment has to be evaluated based
on the actual enactment of that provision and how it would be applied if it became effective.
Mr. Bray said that the Texas Election Code provides that the City Council shall set the ballot
language. In this circumstance, the case law is very clear that the City Council has the authority to
set the ballot language in a way that conveys to the voters what the effect of the proposition would
be if it were enacted.
He said city staff is recommending that the ballot contain the following language:
"Proposition No. 3, Strong Mayor: For or Against amending the Charter of the City of Corpus Christi
to: 1) abolish the Council -Manager form of government used by the City since 1945, in which the
entire council appoints a professional manager to hire and fire city employees and manage finances
and departments; and 2) replace it with a Strong Mayor form of government, in which the mayor
directly hires and fires city employees and manages finances and departments."
Mr. Bray said staff is also recommending the following ballot language for the proposed
charter amendment regarding the marina: "Proposition No. 4, Marina Leases: For or Against
amending the Charter of the City of Corpus Christi to prohibit leases or franchises longer than five
years covering any city property in the Marina area or Cole Park unless first approved by the voters."
Minutes - Regular Council Meeting
September 17, 2002 - Page 13
Mayor Neal called for public comment on Item 22.
Mr. Bill Kopecky, 3609 Topeka, referred to an email he sent the Council members yesterday.
He said he objects to the term "strong mayor" because he said there is no such term that is
recognized as a form of government. He said the strength of the mayor is dependent upon many other
facets within the City Charter, which they hope to amend. He said he also objects to the fact that
nowhere in the proposed language from city staff does it mention the article and section of the
charter that will be amended. He said staff's proposed language also does not mention the effective
date, which can lead the voters to think the change will be effective immediately. He said the
petitioners made it clear to the signers of the petition that it was prospective 2V2 years from the time
they were signing it. He said staff's proposed language appears to be more of a political statement
against the mayor -council form of government, which he described.
Mr. Jack Gordy, 4118 Bray, said he also disagrees with the proposed ballot language. He said
the over 9,000 people who signed the petition will expect the ballot to be at least somewhat similar
to the language that was included on the petition. He said the city staff and the Council have been
known to confuse the public. He said the petitioners do not want a "strong mayor"; rather, they want
a mayor who has to answer to the people and one in which the Council will have some say if they
do not like what the mayor is doing. He said a revision committee will come up with the details on
other aspects of the charter.
Mr. J.E. O'Brien, 4130 Pompano, said he objects to the proposed ballot language, which he
said is a pure political statement emanating from a staff that will probably have a very bleak future
in Corpus Christi if the amendment is approved by the voters. He said it appears to be unacceptable
to use a colloquial term for formal ballot language for a mayor -council system of government. He
said if that language is adopted, he thinks it will backfire on the Council and marks a new low for
the Council's credibility. He said it is a lie to say that a strong mayor would be able to hire and fire
employees. He said the Packery Channel -TIF ballot had a whole list of amenities that have been
dropped by the wayside, which is another example of misleading the public.
Mr. Gene Guemsey, 14230 San Felipe, said he feels that the proposed ballot language is
written so people will understand it. He said it explains that the opponents of the current form of
govemment want to abolish it and get rid of the city manager, who has the ultimate responsibility
of hiring and firing city employees. He said they want to put in place a strong mayor who will act
in the capacity of the city manager. He said they cannot rely on political action committees to educate
the public but rather they need to tell the voters at the polls what they are voting for.
Mr. R.F. Hasker, 1813 Wallace, read the proposed charter amendment language as well as
staffs proposed ballot language. He said it is a false statement to say that the entire Council appoints
the city manager because it only takes five Council members to do so. He said the city manager does
not have the authority to hire because there are unions involved. He also referred to the Packery
Channel -TIF ballot language, which he said was confusing to the voters. He added that the petition
does not use the words "strong mayor."
Mr. Ronald Scott, 5929 Shamrock Dr., said he believes that Proposition 3 as proposed for
Minutes - Regular Council Meeting
September 17, 2002 - Page 14
the ballot is misleading when compared to the original language of the petition. He reiterated that
the words "strong mayor" do no appear in the petition, which calls for a "mayor council form of
government."
Mr. John Bell, 13750 Primavera, said that currently the city's charter provides that the City
Manager is the chief executive officer and chief administrative officer of the city. He said he does
not think there is any question that the City Manager is responsible for the hiring and firing of all city
employees currently. He said there are different procedures that have to be followed. By amending
the charter to make the mayor the chief executive officer and the chief administrative officer of the
city, the mayor would be in charge of hiring and firing city employees and managing the finances
and other aspects of the city. He said the Council has an obligation to tell it like it is on the ballot.
He said the reality is that if the proposed amendment passes, it would be the strongest mayor form
of government that would exist anywhere in Texas—every other city charter has limitations; even in
Houston the comptroller is independently elected. He added that the courts will have to interpret the
amendment as also amending Article III of Corpus Christi's Charter. He added that Ruben Bonilla
has agreed to join Citizens Against Strong Mayor.
Mr. Richard J. Herschbach, 4650 Hakel, said the City Charter he has says the Council shall
appoint a city manager who shall be the "chief administrative and executive officer" of the city. He
said all the fire and police civil service law cases say the mayor is the chief executive of the cities
and he is the one who shall appoint fire and police employees to their commissions. He said he
sought clarification from several English professors about that phrase and he discussed the mayor's
veto powers. He said when one branch of government tries to control another branch, it is considered
anarchy. He said the ballot language should reflect the petition's language.
Responding to Council Member Noyola, Mr. Bray said that on a charter amendment there
is no prescribed format. The petitioners are free to draft the language of the proposed charter
amendment any way they want to; in this case, they have specifically drafted language to amend
Article I, Section 3 (listed on page 251 of the agenda material). He said the case law and the Election
Code say that when the Council receives a petition, the Council decides what the ballot language
should be and the Council is not required to submit the exact language of the proposition. He said
the Council can submit language it believes properly calls the voters' attention to what the
proposition is. He said in this case the language that has been drafted by staff would call to the
voters' attention what the effect of the charter amendment would be, which is more complicated than
what appears on the face of the language the petitioners have submitted.
Mr. Noyola said he does not like using the language "strong mayor." Mr. Bray said that
legally, if the amendment is enacted, it will create a strong mayor government without any doubt
according to professors and people who deal in government. He said there are two kinds of mayor
council forms of government: a strong mayor and a weak mayor, which are well-known terms. Mr.
Bray read the following definitions from the Websters Third International Dictionary: "Strong
mayor—a mayor in a mayor -council method of government who is given by a charter a large degree
of control and responsibility; weak mayor—a mayor in a mayor -council method of municipal
government whose powers of policy making and administration are, by charter, in large degree
subordinate to the council." He said if this passes, the mayor's authority will hardly be subordinate
Minutes - Regular Council Meeting
September 17, 2002 - Page 15
to the Council at all; it is a classic strong mayor system. He said the point of staff's recommendation
is that it fairly and honestly presents what the legal effect of the amendment will be if it passes.
Mr. Noyola asked how many people usually vote in these elections. City Secretary Chapa
replied that in a November election there may be a greater turnout, such as a 30% turnout. He said
his office stopped counting the number of signatures when they reached the required amount, which
was right at 7,000. Mr. Noyola said city staff is going against the petitioners.
Council Member Kelly asked ifthe Council's primary responsibility in determining what the
ballot language should be is to accurately convey to the voters the effect of the proposed charter
amendment. Mr. Bray replied affirmatively. Mr. Kelly said the petitioners have said that if the
amendment is passed, they believe the chief executive and administrative officer of city government
would be an elected official who would be more accountable to the public. He asked whether the
ballot language should first state that ifthe amendment passes, the chief executive and administrative
officer will be an elected official and that he is not required to have any experience or expertise in
running municipal government. Mr. Bray said the assumption was that voters would know the mayor
is elected. Mr. Kelly said he intends to make a motion to amend Item 22 to reflect those issues.
Council Member Chesney said he thinks it is unfair to say that the staff or Council are trying
to confuse people with the proposed ballot language. He said the petition language was not confusing
but rather it just did not explain what a mayor council form of government is. He said he thinks the
ballot language should be even more definitive.
Responding to a question from Mr. Chesney, Mr. Bray said that if the amendment passes,
there are other sections of the charter that probably should be amended in order to comply with the
amended Article I, Section 3. However, there cannot be another charter amendment election for two
years after that (probably April 2005). So the Council could work on those charter amendments itself
or appoint a charter commission to make recommendations. During that process the Council will
probably have serious discussions about the nature of the explicit powers of the mayor. He said the
amendment would go into effect at the end of the April 2005 Council election regardless of whether
there are any other amendments to the charter. Mr. Bray added that almost all cities in Texas over
10,000 population have a council-manager form of govemment; the smaller cities tend to have
mayor -council forms of government. He said he thinks the charters in such cities as El Paso and
Houston are fairly different. Mr. Chesney added that he is tired of hearing the argument that the
Packery Channel ballot language was misleading.
Mr. Chesney asked how Houston's strong mayor form of government operates. Mr. Garcia
replied that there is a civil service system for the rank and file city employees that goes up to the
division head level. He said basically the mayor can appoint all of his own personal staff, which is
extensive, and he can also appoint all of the department heads (police chief, fire chief, public works
director), all of the assistant directors, and the larger division heads. Mr. Chesney questioned whether
Corpus Christi's ballot language should be clarified to say that the city manager directly hires and
fires most of the city employees or some of the city employees.
Mr. Garcia pointed out that if the strong mayor system passes in Corpus Christi, it will not
Minutes - Regular Council Meeting
September 17, 2002 - Page 16
be the same as the one in Houston because they are not setting up the same checks and balances.
Assistant City Manager Jorge Cruz-Aedo, who worked as the Finance Director for the City of
Houston, explained that the Houston charter requires that a majority of the Council confirms the
mayor's appointments. He said there is no ratification of terminations. Mr. Garcia added that there
are a number of other checks and balances in place in Houston. Mr. Bray reiterated that if the Corpus
Christi charter amendment passes, there will be no checks and balances until another charter
amendment takes place.
Council Member Kinnison asked if additional charter amendments would have to be on the
ballot in 2005 if the proposed amendment passes. Mr. Bray replied that they would not have to be
but it would appear prudent that they would be; however, he said there is no guarantee that those
additional charter amendments would be approved by the voters. Mr. Kinnison asked if the strong
mayor could decide to delegate certain responsibilities and Mr. Garcia said he could but ultimately
it would be up to the mayor. He added that Corpus Christi's current charter states that the Council
is specifically prohibited from getting involved in personnel decisions and the authority for making
those personnel decisions would go to the chief executive, which would be the mayor. Mr. Bray said
today is the deadline for putting this issue on the November 5, 2002 ballot.
Mayor Neal said his interpretation of the proposed amendment is that if it passes, any
references in the City Charter to the "city manager" would be replaced with the word "mayor"subject
to any future changes the public might approve. He added that the city would be tied up for two years
in a charter revision argument to determine what other changes might be proposed. Mr. Kinnison
pointed out that the charter currently sets the mayor's salary at $9,000 per year and $6,000 per year
for the Council members. Mayor Neal said he thinks that a strong mayor would come in immediately
and request a salary equal to or greater than the salary the City Manager is currently making, subject
to Council approval in the next budget. Mr. Bray said he thinks that would be an issue he would
reserve judgement on at this time. He added that they cannot speculate what, if any, additional
charter amendments would pass.
Council Member Scott said he would support amending Item 22 to delete the words "entire"
and "directly" from the proposed ballot language. He said he believes that the rest of the ballot issues
are moot after this one and he believes the citizens should know what they are voting on. He added
that with regard to Packery Channel, he has not abandoned any portion of that project. Mr. Garcia
said all of the planned amenities for Packery Channel are in the final design. He said they are very
close to implementing it and they hope to be under construction by the first of next year.
Council Member Colmenero said he agrees with Mr. Scott's proposed amendments to the
ballot language. He questioned why the citizens in 1945 changed the city's form of government to
the council-manager form of government.
Mr. Kelly asked Mayor Neal whether, prior to being elected mayor, he had ever worked for
a city or had any experience running a city. Mayor Neal replied negatively to both questions. Mr.
Kelly said that former Mayor Mary Rhodes was a retired nurse before she was elected mayor. He
said his point is that if the mayor becomes the chief executive and administrative officer of this city,
they are perhaps getting more accountability but they are trading professional city government.
Minutes - Regular Council Meeting
September 17, 2002 - Page 17
Mr. Kelly made a motion to amend Item 22 so that the ballot language is stated as follows:
"Amending the Charter of the City of Corpus Christi to: 1) abolish the Council -Manager form of
government used by the City since 1945, in which the council appoints a professional manager to
hire and fire most city employees and manage finances and departments; and 2) replace it with a
Strong Mayor form of government, in which an elected mayor who is not required to have any
experience running a city government, directly hires and fires most city employees and manages
finances and departments." Mayor Neal said Mr. Kelly's motion died for lack of a second.
Mr. Chesney made a motion to amend Item 22 so that the ballot language is stated as follows:
"Amending the Charter of the City of Corpus Christi to: 1) abolish the Council -Manager form of
government used by the City since 1945, in which the council appoints a professional manager to
hire and fire most city employees and manage finances and departments; and 2) replace it with a
Strong Mayor form of government, in which an elected mayor hires and fires most city employees
and manages finances and departments." Mr. Scott seconded Mr. Chesney's motion.
Council Member Longoria said he disagrees with Mr. Chesney's proposed amendment
because he thinks people n eed to understand that the mayor would be responsible for all city
employees. Mr. Chesney replied that the language should be as straightforward as possible and the
word "most" clearly articulates that the mayor would not be responsible for all employees. Mr.
Garcia said he can fire anybody but the City Secretary, the Municipal Court judges, and the police
officers below the command rank and the firefighters. Mr. Longoria said if the proposal passes, that
authority would be transferred to the mayor.
Mr. Chapa polled the Council for their votes on Mr. Chesney's motion to amend and it
passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Scott voting "Aye";
Longoria and Noyola voting "No."
Mayor Neal asked if there were any proposed changes to the wording for Proposition No. 4
and there were none. Mr. Chapa then polled the Council on Item 22 as amended, and it passed by
the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and
Scott voting "Aye."
Mr. Garcia said the Council deleted the word "entire" from the ballot language and he
clarified that they are talking about the "City Council" and he asked if staff could make that change
to insert the word "City" before "Council." Mayor Neal called for a voice vote on that proposed
change, and it passed unanimously. He then asked Mr. Chapa to call the roll again on Item 22 as
amended, and it passed as follows:
22. ORDINANCE NO. 025018
Ordinance amending Ordinance No. 024952, which called a Special Election on November
5, 2 002, t o add t o the b allot a charter amendment proposed b y p etition t o change the
CounciUManager system of government to a Strong Mayor system and a charter amendment
proposed by petition to require an election for leases exceeding five years in the marina area.
Minutes - Regular Council Meeting
September 17, 2002 - Page 18
An emergency was declared and the foregoing ordinance passed, as amended, as follows:
Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Scott voting "Aye"; Longoria and
Noyola voting "No."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 23, amending the wrecker ordinance. He called for
public comment.
Mr. Alan Lee said he is an attomey representing Apollo Towing and he wished to particularly
address the consent tow aspects of the proposed amendments. He said it is his opinion that the City
Council does not have the authority to set the rates for consent tows of vehicles. He said the Fifth
Circuit indicated about a year ago that that area has been preempted by the Federal Aviation Act of
1994. He urged the Council to reconsider those provisions.
Mr. Steve Zastrow, Police Department Legal Advisor, said Mr. Lee is correct in that there
is a federal statute that preempts the city from being able to regulate the prices for consent tows. He
said the proposed changes to the ordinance before the Council do not do that. He said the changes
are designed to address one particular category of complaint they have received. In a consent tow
situation where the prices the wrecker companies have charged have come in excessively high, the
city would like to take some disciplinary action against a wrecker owner's permit to help protect the
general public. He said staff believes these changes would be legal under federal law and they are
certainly legal under state law. He said it affects Section 57-233 ofthe Code of Ordinances (page 268
of the agenda material).
Mr. Joe Dees, owner of Statewide Wrecker Service, said staff told them they probably would
not have to have the type of permit that they now will need. He said the city will be in the motor
carrier regulating business with these proposals. He said he does not agree with the criminal penalties
or with the requirement of a sign on the side of trucks regarding the drop fees. He said the cost of
enforcing the ordinance will far outweigh the increase in fees. He urged the Council to send the
ordinance back to staff to further refine it.
Ms. Lana White, of Airline Wrecker Service, said they have been part of the city's wrecker
rotation service for 40 years but they are very disappointed with the recent events. She said they are
glad the city is taking action against unscrupulous wrecker companies but they are concerned about
particular aspects ofthe proposal, such as that the words "parking facility" are not defined and would
be subject to criminal charges. She also objected to the drop fee sign on the trucks. Council Member
Noyola asked several questions about aspects of the proposed ordinance, which Ms. White discussed.
Mr. W.R. Johnson, owner of Johnson's Wrecker Service, said the working time on Large
wreckers is overlooked. He said they were told at a meeting with staff that it would be dropped out
altogether. He proposed they raise the working time to $150 per hour.
Mr. Don Smith said he operates a wrecker service out of Aransas Pass. He said they come
into Corpus Christi frequently to pick up vehicles on a consensual basis. He asked if he needs to have
Minutes - Regular Council Meeting
September 17, 2002 - Page 19
a permit to do that. Mr. Zastrow said if his place of business is located outside Corpus Christi and
he is not conducting non -consent tows within the city, he does not need a permit.
Mr. Daniel Puckett, manager of Erika's Wrecker Service and H&H Towing, said if they get
a tow from the island to Callicoatte and Leopard, he is going to charge a different price than the $35
drop fee. He also addressed non -consent tows involving drunk vehicle owners.
Mr. Dave Resendez said he is president and owner o f Apollo Towing and Easy Rider
Wrecker Service i n Corpus Christi. H e said h e has a fleet o f e ight s tate-of-the a rt t rucks. H e
discussed why a property owner would need a private property impound (PPI) done, which often
results in a very unpleasant situation for the wrecker driver. Mr. Noyola asked Mr. Resendez several
questions about those impounds and a discussion ensued.
Assistant Police Chief Ken Bung and Mr. Zastrow also replied to Mr. Noyola's questions.
Mr. Zastrow explained that if the property owner has given the wrecker operator the proper
paperwork and they have an agreement, then the wrecker operator can act as that property owner's
agent and can remove cars from the property. He said there have to be signs posted at every entrance
and exit indicating that unauthorized vehicles will be towed at the owner's expense and liability.
Chief Bung said that in the past there was no cap on a private property impound and staff is
proposing a cap of $85.
Mr. Ralph Rivera, of Texas Wrecker Service, said they have been in business for 38 years.
He said with PPIs, the wrecker service has to have the proper paperwork each time. He said he thinks
that should be enforced.
Mr. John Bell, a local attorney, said he was representing some people who paid some of the
wrecker bills. He said they do not object to the increase in the rates on the rotation tows or the
imposition of new rates for non-consensual private property tows. He said a problem has been
created by a small number of wrecker companies, resulting in very deceptive actions and price
gouging. He said price gouging has also occurred on consensual tows in the city limits, some ranging
from $1,000 to as high as $8,000. He asked that the city take into consideration such actions when
they establish the wrecker rotation lists.
Mr. Mike Haring said he is a wrecker driver and he agrees with the proposed increase in fees.
He expressed concem about the rotation list schedule. He said currently a company on the rotation
would be on call from 7 a.m. one day until 7 a.m. the following day. He said staff is proposing to
change it so that a different company is called for each successive tow, which would require the
drivers to be on call 24 hours a day, seven days a week. He said it would be very difficult to plan
things that way.
Mayor Neal said he needed to postpone further discussion on Item 23 in order to hear public
comment on non -agenda items.
Ms. Bette Cranford, 3802 Wilmont, distributed photographs taken two years ago in her
neighborhood which illustrated a severe drainage problem that exists there. She said the flooding that
Minutes - Regular Council Meeting
September 17, 2002 - Page 20
occurred in the last few d ays h as b een e ven w orse. S he s aid s he s poke t o M s. V alerie G ray,
Stormwater Superintendent, about their problem. Council Member Scott asked staff to provide the
Council with a response to Ms. Cranford's concerns.
Mr. Jack Gordy said some board members of the Crime Control District went before police
officers and urged them to vote for the renewal of the district. He said the city's Code of Ethics, the
penal code and the election code said that constitutes a violation. He said he realizes it is no longer
happening but he thinks the Council needs to look into it. Mr. Gordy added that the Council needs
to approve a contract to re -roof City Hall because it has a bad leaking problem.
Mr. R.J. Herschbach said that in 1945 there was a recall of the City Council and there was
a change to the council-manager form of government.
Mayor Neal returned to the discussion on Item 23 regarding the wrecker ordinance. Council
Member Garrett said the reason for requiring that drop fees be indicated on wrecker vehicles is so
that citizens will know what the charges should be. He said he is satisfied with the proposed fees but
the whole i dea of amending the ordinance was to deal with the price gouging that was being
conducted by a few wrecker companies. He added that whether a driver has insurance or not should
not be relevant to the consent tow amounts that are charged.
Mr. Garrett then made a motion to table Item 23 until the October 8, 2002, Council meeting
in order to clarify some of the language that the wrecker company representatives discussed. Mr.
Noyola seconded Mr. Garrett's motion. In response to Mr. Noyola, Mr. Garcia explained some of
the proposed fees. Mr. Garrett reiterated that he is satisfied with the fees. There was a voice vote on
Mr. Garrett's motion to table, and it passed unanimously.
23. POSTPONED
V.dl„L.G� aniGuQLig tliG Uo of UiCinaucs, , r) 1, V G111C lvr llirc, Ly
l�. viauis tliv InvviSivua I‘ saIdinis au wiwk.,ia an pivvitluis fvi lama Ilea.
Council Member Longoria said staff should meet with the wrecker companies again. Mr.
Garcia said he does not expect there to be agreement because this is a regulatory ordinance.
* * * * * * * * * * * * *
Mayor Neal said the executive sessions (Items 24, 25 and 26) were withdrawn. He then called
for the City Manager's report. Mr. Garcia said some severe flooding is scheduled to occur on the Oso
Creek. He noted that the Texas Municipal League state convention will be held October 16-19 and
staff is recommending that the Council cancel the meeting of October 15`h. Mayor Neal made a
motion to cancel the Council meeting of October 15, 2002, seconded by Mr. Chesney, and passed.
Mr. Garcia said that several items are scheduled for the September 24th Council meeting.
Mayor Neal thanked Mr. McDaniel for the budget performance report, saying that it appears
that the city will end up with a greater unallocated fund balance than anticipated. He also
Minutes - Regular Council Meeting
September 17, 2002 - Page 21
complimented the Police Department for coming in under budget. Mr. McDaniel said the audit will
come out in November, which will change some aspects of the report. Mr. Garcia said this budget
report is in essence the first draft of the Comprehensive Annual Financial Report. Mayor Neal called
for Council concerns and reports.
Mr. Chesney said he has received several calls from builders about the process they have to
follow with the city and he asked staff to address those concerns. He also announced a town hall
meeting on September 30`h at Miller High School in District 1 and a Friends of the Park meeting on
October 9th at City Hall. He also asked staff to look into speeding problems on Scotland Drive and
he said the September 11th commemoration ceremonies were very moving. He expressed his
sympathies to the flooding victims.
Mr. Kinnison commended staff for the budget report, particularly for its quality and
timeliness, which is a great improvement from the situation three years ago. Mr. Garrett reported on
a large hole that still exists on Wooldridge Road between Airline and Rodd Field roads. He also
asked staff to look into installing video cameras in police cars. Mr. Garrett also said a Solid Waste
driver has failed to report a damaged container at a condominium on Padre Island.
Mr. Kelly reported on the bad road conditions on Buddy Lawrence Drive. Mr. Garcia said
it needs major reconstruction work but it is not on the city's priority list. Mr. Massey said staff will
look on the Street Department's list. Mr. Kelly said they have been involved in cleaning up the area
around Northside Manor Apartments and he referred to an abandoned laundry facility there. He
asked whether there have been any reported cases of the West Nile virus. Dr. Ardys Boostrom,
Acting Public Health Director, said that to this date, there are no confirmed cases from the Texas
Department of Health but there are some under investigation.
Mr. Colmenero said he will provide staff with an address which has high grass in the front
and he said more enforcement solutions are needed. Mayor Neal said he is glad to hear Mrs.
Colmenero's health is improving.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 6:40 p.m. on September 17, 2002.
*************