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HomeMy WebLinkAboutMinutes City Council - 11/13/2001I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Council Meeting of the City of Corpus Christi of November 13, 2001, which were approved by the City Council on November 20, 2001. WITNESSETH MY HAND AND SEAL, this 20th day of November, 2001. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 13, 2001 2:08 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Jesse Noyola Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Mark Scott 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 P. Ramon Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Charles Boren, Norton Street Church of Christ, and the Pledge of Allegiance to the United States flag was led by Council Member Chesney. 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 annexation public hearing of October 22, 2001 and the regular meeting of October 30, 2001. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: Arts and Cultural Commission Deborah Fullerton (Reappointed) Dennis Kemmerer (Reappointed) George Balli (Reappointed) Colin Sykes (Reappointed) Elia Gutierrez Frank Trimble III Anne Stewart Joe Ochoa Cynthia Alcorta Tracie Rodriguez Library Board Charles Burnes (Reappointed) Patty Nuss (Reappointed) Treva Bedwell (Reappointed) C. Thomas Cron Reynaldo Rodriguez Weed and Seed Steering Committee Fern Carter (Site 1) Lucio Garcia (Site 2 -Reappointed) Citizens Advisory Health Board Water/Shore Advisory Committee Marilyn Kostelnik Tom Anderson Minutes - Regular Council Meeting November 13, 2001 Page 2 C.C. Downtown Management District Manuel Ugues (Reappointed) * * * * * * * * * * * * * Mayor Neal deviated from the regular agenda and referred to Item 17, a Declaration of Neighborhood Improvement by Moody High School students. Ms. Tanya Garza explained that the Moody Civic -Minded Students held a Moody Community Convention in October 2000 where they discussed resolutions and community concerns and developed the Moody Community Preamble and the Moody slogan, "Moody Trojans Take Pride...Vote! Improve the Westside!" She said the Civic - Minded Students also organized a Moody voter education and registration project. Mr. Sam Longoria said the Civic -Minded Students approved a Declaration of Improvement on September 7, 2001. Moody students Crystal Chavez, Sam Longoria, Tanya Garza and Jessica Aldrighetti read a position paper entitled "Neighborhood Improvement Planning," which was written by Crystal Chavez and Audree Arias. Contributing to the development of that position paper were Priscilla Cruz, Lori Alvarez, Danielle Cantu, Mari Perez and Jason Gonzalez. The paper discussed the appearance of the Westside, the need for unity among those residents, use of the schools as community centers, and the establishment of a Neighborhood Improvement Council. Mr. Danny Noyola, Moody High School teacher, thanked the Council for their attention. Council Member Longoria asked if the Council could recognize the Declaration of Improvement through a formal resolution at a future Council meeting. There were no objections. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 3-14). City Secretary Chapa said that Council Member Kelly would be abstaining on Item 9. The Mayor requested that Item 11 be discussed. There were no comments from the audience. Mr. Chapa polled the Council for their votes and the following were passed: 3. M2001-416 Motion approving the purchase of 90 Scott Pak -Alert SE distress alarms from Dooley Tackaberry, Inc., Deer Park, Texas in accordance with Bid Invitation No. BI -0016-02, based on low bid for a total amount of $35,640. The Scott Pak -Alert SE distress alarms will be used by the Fire Department. Funds have been budgeted by the Fire Department in FY01-02. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 4. M2001-417 Motion approving a supply agreement with Anderson Construction, Corpus Christi, Texas Minutes - Regular Council Meeting November 13, 2001 Page 3 for mowing of water production facilities in accordance with Bid Invitation No. BI -0184-01 based on low bid for an estimated annual expenditure of $129,579. The term of the supply agreement 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 by the Water Department in FY2001-2002. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 5. M2001-418 Motion authorizing the City Manager or his designee to execute a construction contract with Maldonado Nursery & Landscape of New Braunfels, Texas, in the amount of $254,390 for the youth outdoor sports facilities irrigation improvements at the following sites: Dr. Hector P. Garcia Park and Price Park. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 6. M2001-419 Motion authorizing the City Manager or his designee to execute a construction contract with King -Isles in the amount of $1,283,099 for the wastewater force main repairs and replacement of 30" Force Main Line B. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 7. M2001-420 Motion authorizing the City Manager or his designee to execute a construction contract with Cornerstone Restoration and Waterproofing LLC of Austin, Texas in the amount of $255,600 for the Texas Workforce Center Roof and Exterior Wall Waterproofing Repairs. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 8.a. M2001-421 Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the contract for consulting services with the Center for Coastal Studies in the amount of $71,170 for Ecological/Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay. Minutes - Regular Council Meeting November 13, 2001 Page 4 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 8.b. M2001-422 Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the contract for consulting services with the Conrad Blucher Institute in the amount of $87,470 for On -Going Salinity Monitoring in the Rincon Delta and Nueces Bay. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 8.c. M2001-423 Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the contract for consulting services with the University of Texas Marine Sciences Institute in the amount of $173,664 for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 9. M2001-424 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the architectural services contract with Thompson, Ventulett, Stainback and Associates, Inc., in an amount not to exceed $78,300 for wind tunnel studies of the Corpus Christi Bayfront Convention Center and Multipurpose Arena. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Kelly abstaining. 10. ORDINANCE NO. 024653 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with Gulf Coast Downtown Development, L.L.P., for the right to construct, operate, maintain, and remove two (2) 14'-8" x 7' long canopy extensions, and a 12' x 8' business sign in and over the public street right-of-way (sidewalk area) adjacent to the Katz Building located at the 500 Block of Lawrence Street and the Weber Building that is located at the 300 Block of Mesquite Street; establishing a fee of $1,000 and other specified conditions. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting November 13, 2001 Page 5 12. ORDINANCE NO. 024656 Ordinance appropriating $151,567.72 from the Unreserved Fund Balance in the No. 6010- 21130 Law Enforcement Federal Trust Fund and appropriating $213,177.65 from the Unreserved Fund Balance in the No. 6010-21120 Law Enforcement State Trust Fund for law enforcement equipment and related expenditures; amending the FY2001-2002 budget, adopted by Ordinance No. 024528, to increase appropriations by $364,745.37 in the No. 6010 Law Enforcement Trust Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 13.a. M2001-427 Motion authorizing the City Manager or his designee to accept a grant in the amount of $53,194 from the State of Texas, Office of the Governor, Criminal Justice Division for second 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. 024657 Ordinance appropriating a $53,194 grant from the State of Texas, Office of the Governor, Criminal Justice Division in the No. 1050 Federal/State Grants Fund for second year funding for the Computer Forensics Specialist grant; transferring $4,000 from the No. 6010 Law Enforcement Trust Fund and appropriating it in the No. 1050 Federal/State Grants Fund as grant matching funds. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 14. ORDINANCE NO. 024658 Ordinance appropriating $14,300 from the Save Our Sculpture (SOS) Coppini Restoration Reserve Funds in the No. 1030 Hotel Occupancy Fund to cover costs associated with the renovation of the Pompeo Coppini sculpture, The Queen of the Sea. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." ************* Minutes - Regular Council Meeting November 13, 2001 Page 6 Mayor Neal opened discussion on Item 11, elderly nutrition program. He noted that last fiscal year the city served 138,797 meals to 3,953 senior citizens at nine senior centers throughout the city. The centers provide recreational and social services for persons age 50 and older and benefits counseling services to those 60 and over. In addition, the home -delivered meal program served 79,163 meals to 741 homebound seniors. The Mayor commended the Park and Recreation Department and the Senior Citizen Advisory Committee. City Secretary Chapa polled the Council: 11.a. M2001-425 Motion authorizing the City Manager or his designee to accept a renewal grant in the amount of $579,602 and execute a contract with the Coastal Bend Council of Governments -Area Agency on Aging for the Elderly Nutrition Program. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 11.b. ORDINANCE NO. 024654 Ordinance appropriating a $579,602 grant from the Coastal Bend Council of Governments - Area Agency on Aging in the No. 1050 FederaUState Grants Fund for the Elderly Nutrition Program. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 11.c. M2001-426 Motion authorizing the City Manager or his designee to accept a renewal grant in the amount of $209,840 and execute a contract with the Texas Department of Human Services for the Title XX Meals on Wheels Program. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 11.d. ORDINANCE NO. 024655 Ordinance appropriating a $209,840 grant from the Texas Department of Human Services in the No. 1050 Federal/State Grants Fund for the Title XX Meals on Wheels Program. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Minutes - Regular Council Meeting November 13, 2001 Page 7 Mayor Neal referred to Item 15, and a motion was made, seconded and passed to reopen the public hearing on the following zoning case (which was originally tabled on October 9, 2001): 15. Case No. 0801-11. Robin Leary. Trustee: A change of zoning from an "F -R" Farm -Rural District and "R -1B" One -family Dwelling District to a "B-4" General Business District on Northwest Estates, being 3.31 acres out of Lot 1, Block 9, all of Lot 1, Block 10, and all of Lot 1, Block 11, located on the north side of Northwest Boulevard (F.M. 624), between Trinity River and Riverwood Drives. City Secretary Chapa said the Planning Commission and staff recommended approval of the "B-4" District for Blocks 9 and 10, except for north thirty (30) feet abutting the Northwest Estates residential neighborhood; for the northern 30 feet of Blocks 9 and 10, denial of the "B-4" District, and in lieu thereof, approval of a `B -1A" Neighborhood Business District. They also recommended approval of the "B-4" District on the south 230 feet of Block 11 and denial of the "B-4" District on the remaining northern portion of Block 11, and in lieu thereof, approval of an "AB" Professional Office District. Mr. Michael Gunning, Director of Planning and Development, explained that the property fronts on Northwest Boulevard (FM 624) and backs up to the Northwest Estates subdivision, which was platted in 1985 and developed with single-family residences. He said the three lots of the subject property were also platted at that time and the then -owner included a 30 -foot rear yard setback on the area abutting the subdivision. He said the owner's intention was to develop the property along the street frontage with non-residential uses. He said the properties were annexed into the city in 1991 and were zoned "F -R" with the rear lot portions zoned "R -1B." He explained the requested zoning and added that the 20% rule is in effect. Mayor Neal called for public comments. Mr. Clark Flato, the applicant's agent, said the developer intended that the subject property be developed commercially when the lots were platted, which is indicated by the front and rear setbacks and infrastructure. He said when the property was annexed, it was not brought into the city with the appropriate "B-4" zoning due to the policies of the then -director of the Planning Department. Mr. Flato noted that Northwest Boulevard is a main arterial with four travel lanes and a continuous turning lane. He said the Texas Department of Transportation recently announced that it will be extending the five -lane roadway out past FM 666 (about 12 miles to the west of the subject property). He said the Northwest Master Plan, which was approved by both the Planning Commission and the City Council, indicates that the subject property should be commercial. Mr. Flato further discussed commercial development in the area as well as the concept of highest and best use with regard to land development. He said the property should be zoned "B-4" to provide flexibility to the developer so that a first-class project can be built. Mr. Marvin Leary said his wife, Robin, is the applicant in her capacity as the trustee of the Steven Robert Troy 1998 Trust, which is the property owner. He explained that Steven Troy, his wife's brother, was critically injured in 1984 and is legally incapacitated and unable to take care of Minutes - Regular Council Meeting November 13, 2001 Page 8 his own affairs. Mr. Leary said they have been trying to sell this property to secure the monies to provide for Mr. Troy for the remainder of his life. Mr. Leary referred to a map of the area and reiterated that the subject lots were platted with the appropriate infrastructure in anticipation of the lots being developed commercially. He said once they agreed to the compromises establishing the buffer zones along the residential property, the Planning Commission voted to approve the zoning on a 6-1 vote. He said there are many examples of "B-4" zoning abutting residential property on main arterials throughout the city, such as along South Staples and Everhart. He said they would like the property to be developed as a large, contiguous area rather than be replatted into smaller lots with inconsistent aesthetics. Mr. Kyle Marusich, 14530 Spaulding Dr., said that about 30 people attended the Planning Commission hearing and one of the residents, Ms. Adeline Phillips, had a petition with about 85 signatures of people opposed to the "B-4" zoning. He said at that time the Planning Commission discussed with the Planning staff and the applicant the proposal brought before the Council. He said those negotiations did not involve the neighbors and they have felt disenfranchised since they have been unable to discuss this case with the Council members. Mr. Marusich said the neighbors understand the Leary's situation, adding that they are not opposed to businesses that are compatible with the neighborhood. Council Member Garrett made a motion to close the public hearing, seconded by Council Member Kelly, and passed. Responding to Mr. Kelly, Mr. Gunning said if the property was rezoned to "B-4" as requested, the type of quality development Mr. Leary described could not be guaranteed. In fact, "B-4" zoning accommodates such uses as bars and restaurants. Mr. Gunning added that there were several neighbors who expressed opposition to the rezoning request at the Planning Commission meeting. In reply to additional questions from Mr. Kelly, Mr. Doyle Curtis, Assistant City Attorney. said if any change is granted that is a higher use than the property's present zoning, staff believes the 12 -month prohibition in the Zoning Ordinance would not apply. City Secretary Chapa said if a Council member wished to amend the proposed ordinance, it would only require five affirmative votes; however, the actual ordinance change would require seven votes to pass. Mr. Kelly said as has been his position with other zoning changes in the northwest, he believes the existing property owners have a reasonable expectation of some protection from zoning changes on adjacent properties. Mr. Gunning said any of the commercial zoning districts ("B -1A," "B-1," "B-3" or `B-4") would be consistent with the adopted Area Development Plan. Mr. Kelly said he believes `B -1A" gives the maximum benefit to the applicant while providing adequate protection to the properties adjacent to Lots 9 and 10. He said the proposed 30 - foot buffer will be problematic and will be an economic drain on anyone who buys the property. Mr. Kelly added that the property owners' expectation of protection diminishes east across River Hills Drive; consequently, he thinks "B-4" is appropriate on the southern portion of Lot 11 with "AB" zoning on the northern portion of that lot. Minutes - Regular Council Meeting November 13, 2001 Page 9 Responding to Mayor Neal, Mr. Gunning said `B -1A" zoning has a more limited range of uses because it does not allow pawn shops, restaurants or drive-in facilities. He said it also has increased landscaping requirements in both the rear and front of the property. He said there currently is a moratorium on the masonry fence requirement and staff will bring back a proposal to eliminate that requirement. He said "B-4" zoning allows for unlimited signage behind the 20 -foot front yard while `B -1A" allows for somewhat increased signage as opposed to `13-1," up to a maximum of a 50 -square foot free-standing sign as well as a free-standing sign along each frontage. Council Member Longoria asked for the applicant's response to Mr. Kelly's proposed amendments. Mr. Leary said they discussed their rezoning proposal at length with Mr. Kelly. Mr. Leary said he did not envision the strong opposition from the neighborhood. He said the difference between "B-4" and `B -IA" zoning is purely economic and he reiterated that they are seeking the highest and best use for the property, which is `B-4." He noted that "B -1A" zoning would allow high-density residential apartments and he would prefer living behind a commercial shopping center than a large apartment complex. He said he believes it would be better for the neighborhood to sell the property as one unit rather than divide it up. Mr. Flato added that `13-1A" zoning would limit the signage on Lots 9 and 10. Council Member Chesney said this is a difficult issue because the Council needs to strike a balance between the applicant's desired uses for the property and the neighbors' concerns. However, he said he could not support "B-4" zoning. Mr. Kelly said that in his conversation with Mr. Leary, he had advised him to have a fall -back position in the event that the neighborhood did not want "B-4" zoning for that property. He also said he thought the ordinance would be changed in the future to allow the Council to approve expanded signage through a special permit. Mr. Gunning said the Planning Commission would like the staff to consider it but they have not had the opportunity to bring it back. Mr. Kelly asked if a bank drive- through could be accommodated with a special permit, and Mr. Gunning said it could. He said staff advised Mr. Leary that if he gets a prospective buyer with a specific project in mind that requires a higher zoning, he can reapply for the zoning change. Mr. Kelly then made a motion to amend Item 15 to deny "B-4" zoning on the southern portions of Lots 9 and 10; granting of `B-4" on the southern portion of Lot 11; granting "AB" on the northern portion of Lot 11; and granting "B -1A" for the entire portion of Lots 9 and 10. Mr. Chesney seconded Mr. Kelly's motion. Mr. Chapa said the motion to amend would require a simple majority and, if approved, the amended ordinance would require seven votes. Mr. Chapa polled the Council for their votes on Mr. Kelly's motion to amend and it passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Scott voting "Aye"; Longoria and Noyola voting "No." Mr. Chapa then polled the Council on Item 15: 15. ORDINANCE NO. 024659 Amending the Zoning Ordinance upon application by Robin Leary, Trustee, by changing the 7 Minutes - Regular Council Meeting November 13, 2001 Page 10 zoning map in reference to 3.31 acres out of Lot 1, Block 9, all of Lot 1, Block 10, and all of Lot 1, Block 11, Northwest Estates, from "F -R" Farm -Rural District and "R -1B" One - family Dwelling District to `B -1A" Neighborhood Business District on Tract 1 out of 3.31 acres out of Lot 1, Block 9 and on Tract 1 out of Lot 1, Block 10; to an "AB" Professional Office District on Tract 1 out of Lot 1, Block 11; to a `B -1A" Neighborhood Business District on Tract 2 out of 3.31 acres out of Lot 1, Block 9 and on Tract 2 out of Lot 1, Block 10; and to a "B-4" General Business District on Tract 2 out of Lot 1, Block 11; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 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 called for a brief recess. * * * * * * * * * * * * * Upon reconvening, Mayor Neal referred to Item 16, a presentation regarding the issue of city employee union "dues check -off." The Mayor said each of the presenters will have a maximum of 15 minutes and public comment will not be accepted since this is not a public hearing. Mr. Mark Pitt, Special Projects Coordinator for the United Steel Workers of America (USWA), gave a computer presentation on behalf of the Corpus Christi Association of City Employees (CCACE). He said they were not asking for the Council's permission to organize; rather, they were seeking the Council's blessing as to what organization is best for the employees. He said they reject the idea that they must convince the Council that unionization is appropriate. He said the Texas Labor Code guarantees city employees the right to organize and the Council cannot vote to abrogate or abridge that right. He said over the past six months, employees have elected to exercise that right and have established the CCACE. Mr. Pitt said the Texas Government Code (Sections 617.001-617.005) outlines the public policy of the state concerning cities' and municipalities' relationship with labor unions. He said employees are guaranteed the right to have a labor organization represent them in grievances involving wages, hours of employment or conditions of work, which has been referred to as "meet and confer." In addition, Texas Government Code Section 141.008 authorizes a governing body of any city of more than 10,000 inhabitants to permit payroll deductions for membership dues in employee associations. Mr. Pitt said that to date over 1,000 employees of the City of Corpus Christi have signed a membership and payroll deduction card. He said membership in the CCACE is completely voluntary and any member can revoke his or her membership at any time. He said the decision as to what organization is appropriate in any given situation is vested solely in the employees, and representatives of USWA and CCACE believe the workers have clearly demonstrated their choice. Minutes - Regular Council Meeting November 13, 2001 Page 11 Mr. Pitt then described the relationship between the CCACE and the USWA/AFL-CIO, saying the former is an integral unit of the latter. He said in order to fully comply with all aspects of state law, the USWA will require that the final version of the CCACE's bylaws incorporates specific language stating that the CCACE recognizes that municipal employees in the state of Texas do not have the right to strike. With regard to dues, Mr. Pitt said CCACE's dues will be an amount equal to 1% of monthly gross salary with a $20 maximum per month. The monthly dues will be divided on a 50-50 split between the CCACE and the USWA. He said they propose that the terms and conditions of a specific system be developed between the association and city management and be implemented no earlier than January 1, 2002. Mr. Pitt discussed AFL-CIO member -only benefits, including mortgage and real estate assistance and low -rate loans, for which CCACE members would qualify. He said the USWA represents over 17,000 public sector employees working in over 350 Locations. He said the CCACE is prepared to discuss the implementation of a formal, recognized meet -and -confer system that will allow the association and the city to have a professional relationship based on some degree of mutual understanding. Mr. Pitt said the CCACE's proposed statement of interest does not ask the city to enter into any illegal agreements or abandon any of its rights. He said the issue before the Council today, however, is voluntary payroll deduction of membership fees. He said the city allows deductions for such things as credit unions, United Way, savings bonds, uniform purchase and/or rental, and others. He noted that membership fees for the police and firefighter unions are allowed to be deducted from employees' paychecks. Mr. Pitt said the Council members have an ethical responsibility to exercise their power in a non-discriminatory way. He said there is no way the Council can justify its willingness to extend aid and assistance to the fire and police unions and deny the very same aid to the CCACE, which has a potential membership of 34% female members, as opposed to 2% each for the fire and police unions. He said if necessary, they are prepared to challenge before the courts what he said is a discriminatory practice. Council Members Scott and Chesney asked Mr. Pitt if he is implying that the city is discriminating based on gender, and Mr. Pitt replied that the facts speak for themselves. In his presentation, Deputy City Manager Noe outlined the facts regarding union activity among civilian public sector employees in Corpus Christi and the state of Texas. He said employees have the right to join unions, and the city may not enter into a written collective bargaining agreement regarding wages, hours and conditions of employment. In addition, the city may not deal with a single civilian union as the exclusive agent for civilian employees. The city must treat any group that is similarly situated in a like manner. Also, the city may discuss employment conditions with employee representatives. However, it may not be obligated to implement any item discussed and would retain the right to unilateral prescription of employment conditions. Mr. Noe said that according to current city policy, employees may have a union representative present during the grievance process and during consideration of matters before the Civil Service Board. In addition, employee unions may post notices of meetings on departmental Minutes - Regular Council Meeting November 13, 2001 Page 12 bulletin boards with prior approval of the department director, and union representatives may solicit employees for membership outside work hours in areas where the public is normally allowed. The policy also states that the city does not provide automatic deduction of union dues for any civilian employee organizations; dues deductions are allowed for uniformed groups which have collective bargaining rights. Mr. Noe said that city staff surveyed all Texas cities with populations greater than 100,000. Of the 23 cities, 13 do not provide dues check -off for a civilian labor group and 10 provide deduction for one or more groups. He said payroll deduction of dues by the city would be legal and, if adopted, it would be necessary to open the practice up to other similarly situated groups, both now and in the future. He said the city's computer system is capable of performing that function on either a flat rate or a percentage of salary (which is the most technically difficult). Mr. Noe pointed out that there would be a cost/impact of implementing such a program for the Finance Department staff. He added that there is no way to regulate or determine what such funds are used for after the deduction is transferred to the union. The Deputy City Manager said if dues deduction is authorized, some policy issues that might be considered are whether there should be a requirement for a minimum number of deductions or members prior to allowing it and whether there should be an administrative fee charged to offset the cost of collection. Council Member Garrett asked about the number of permanent, non-uniform city employees, and Mr. Noe said it is about 2,800 (a short time later he indicated that the number is 2,345 civilian employees). Mr. Garrett asked Mr. Pitt if his estimation of over 1,000 interested city employees included police and fire employees, and Mr. Pitt said it did not. Council Member Kelly asked if staff has an idea what the administrative cost of dues check- off will be. Mr. Noe replied that staff has not computed the actual cost but they have looked at the charges for other services. He said the police and firefighters' administrative set-up cost for payroll deduction is $50. Mr. Kelly referred to Mr. Pitt's inference that if the city allows for dues check -off for police and fire union members but not for civilian employees, the city is violating its ethics code. City Attorney Bray replied that it is not a violation of the ethics ordinance. He said that according to case law, that is a legislative matter which is within the reasonable discretion of the City Council. He said the courts have basically said a Council member can decide either way as a matter of policy; it is not unethical to have different provisions for police and fire or other categories of employees. Council Member Noyola said this issue is just a matter of allowing for dues check -off for civilian union members. He said the city should allow it since payroll deductions are allowed for many other items. He said the union is already in existence. Responding to Council Member Colmenero, Mr. Jorge Cruz-Aedo, Director of Financial Services, said there is a range of collection fees depending on the transaction. Mr. Colmenero asked Minutes - Regular Council Meeting November 13, 2001 Page 13 a general question about the purpose of the ethics ordinance, which Mr. Bray explained. He reiterated that the clause Mr. Pitt referred to does not impact the Council's decision to set policy regarding dues check -off. Mr. Colmenero also asked about the time frame to implement dues check- off if it is approved. City Manager Garcia replied that staff can implement it fairly quickly after they bring back to the Council information about the cost to do so. In reply to Mr. Noyola, Mr. Garcia said police and fire union dues deductions were negotiated as part of those collective bargaining agreements; decisions about other deductions are handled administratively. Mr. Noyola asked what would happen if someone takes the city to court for a possible violation of the ethics ordinance regarding this issue. Mr. Bray said there is no court cause of action under that ethics code provision. He said the cases that have occurred have been primarily on the equal protection clause of the U.S. Constitution. Mayor Neal said some aspects of Mr. Pitt's presentation seem to be in direct conflict with staff's information. Mr. Noe said at this point the city has no staff or process for having a formal relationship with any group of employees (except police and fire). He said the CCACE is currently involved in grievance and disciplinary hearings representing employees, as well as recruitment programs under the city's policies and guidelines. Mr. Garcia said the city cannot have a written agreement with the CCACE. Mr. Pitt said he does not believe there is a big difference in the union's and the city's philosophy about what rights or obligations the city has; he said what is lacking is how the union will operate in some structured way. He said that system can be created without a collective agreement between the parties. Mr. Bray agreed that the city could unilaterally set up a system as a matter of policy for meet -and -confer purposes without entering into an agreement. Mr. Garcia said the bottom line is the issue of wages, which is the point of meet and confer. He said he meets with employee groups all the time regarding a wide variety of issues. He said the issue is whether the Council will direct staff to develop a specific policy to review budget and salary proposals with civilian employee representatives, which is not the current procedure. He said the only groups the city collectively bargains with as required by law are the police and firefighters. The Mayor said he is adamantly opposed to allowing anyone to dictate to the Council how they develop the budget, although he is not opposed to suggestions from the staff or others. Mr. Pitt said the union has the right to represent employees with regard to "wages, hours and working conditions," a broad topic. He said they currently do that through the grievance process, which he said is very time consuming. He said they would prefer to find another process. Council Member Kinnison asked if wages and benefits are a grievable item. Mr. Garcia replied that they are not. He said under the city's grievance policy, an employee can grieve working conditions but not a personnel evaluation or salary. Mr. Kinnison said he thought this presentation was only going to be about whether or not to allow dues check -off. He then asked Mr. Pitt if he or anyone associated with CCACE implied or stated that employees' wages or benefits will be affected by their membership in the association. Mr. Minutes - Regular Council Meeting November 13, 2001 Page 14 Pitt said he thinks the union's bylaws will clearly state that they have no right to a collective bargaining process. However, he believes the organization has the ability to impact wages, hours and working conditions by influencing Council members' opinions and showing them that the employees are valuable and deserve a larger share of the allocations. Mr. Kinnison said he knows for a fact that employees have been led to believe that union membership will affect their wages. Responding to Mr. Colmenero, Mr. Noe said there is no one person whose job it is to deal with employee relations, unlike San Antonio which has four employees. Mr. Colmenero said it is important to identify how the city will interact with the CCACE. Mr. Garcia said the local portion of the union dues would go to support union activities. He said the city's history of dealing with paid union staff members is that they greatly increase the interaction that is required from the city's Human Resources, Legal and other departments. As such, the city would need to staff up to adequately and in a timely way respond to that increased interaction. Mr. Chesney questioned why there is a need for dues check -off and why employees cannot voluntarily pay their union dues. He also questioned how local city employees will benefit from the half of their dues that are sent to the union's parent organization. Mr. Pitt replied that every local union organization has a portion of their dues going to the international union, which is returned to the employees via various services. He said payroll deduction is the most efficient way for employees to pay union dues. Mayor Neal referred to page 153 in the agenda packet regarding "Union Dues Survey Information." He said according to that information, the seven largest cities in the state have allowed for a payroll deduction for non-public safety employees. The Mayor said that while he may be philosophically opposed to this issue, it has the ability to split this community down the middle. Mayor Neal asked the City Manager to develop a policy on how they will deal with union representation and bring the policy back to the Council within a reasonable time. The Mayor also asked the City Manager to begin a system of payroll deduction for those who wish to have it done. Mr. Scott said he believes the Council should vote on the Mayor's requests, although it is a non -agenda item. Mr. Bray said Item 16 was a presentation item and not an action item. The Mayor said he had asked the City Manager to do something and it was up to the Council to see whether they can do it or not; he added that he was not asking for a second. Council Member Longoria said the Council's policy is that if there is an objection to a Council request, there has to be five votes to approve that request. Mr. Kinnison asked if it is proper to have a roll call vote on the Mayor's motion. Mr. Bray replied that the Council has done it in the past. Mr. Kinnison suggested that the Mayor's requests be broken down into two separate items on which the Council can vote. City Manager Garcia asked for clarification about the Mayor's requests. Mayor Neal said he was requesting that staff develop a policy on how to formally deal (within the city's legal parameters) with the various concerns that were outlined by the union representatives. Mr. Kinnison Minutes - Regular Council Meeting November 13, 2001 Page 15 said the solution could be as simple as the City Manager establishing a monthly meeting with the union representatives. The Mayor agreed, saying at least it would be set forth in a policy that the Council could approve or reject. Mr. Kinnison said two Council members have said they object to the Mayor's request and have called for a vote on it. Mr. Colmenero said the Council has previously had presentations and has directed staff to proceed on an issue; he said this is a very similar situation. He said staffing infrastructure would also have to be part of the policy that is developed on union issues. Mr. Scott said he is very concerned about this issue because the Council is making policy based on a presentation rather than just giving the City Manager direction. He said the Council is about to vote on either allowing dues check -off or not allowing it. He asked Mr. Bray if the Council was violating the Charter by voting on this issue. Mr. Bray said the only action the Council would take under this posting is to direct the City Manager to bring something back to the Council. Mr. Chesney questioned whether the Council would have to go through this whole process again. Mr. Scott said it should have been posted as an agenda action item to begin with. Mr. Noyola said the Council can vote on a policy in the next three to four weeks; however, the Mayor directed the City Manager to initiate payroll deduction for union dues and there does not need to be a vote on that issue. Mr. Longoria reiterated that there is an objection to the Mayor's direction. Mayor Neal made a motion to direct the City Manager to bring back to the Council a policy on how to deal with the civilian union's concerns. Mr. Longoria said there was no objection to that motion. Mr. Noyola then made a motion to direct the City Manager to implement dues check -off capabilities for non-public safety city employees. Mr. Noyola's motion was seconded by Mr. Colmenero. Mr. Chesney asked if the Council can legally take action on Mr. Noyola's motion. Mr. Bray replied that the Council had a posting that is not for an action item. However, if the Council proceeds it will be a valid action unless someone who has standing legally challenges it, saying that it is an insufficient posting under the Open Meetings Act. He said the Council was directing that the policy be set on that issue, which is an action. City Secretary Chapa polled the Council on Mr. Noyola's motion and it passed by the following vote: Neal, Colmenero, Garrett, Kelly, and Noyola voting "Aye"; Chesney, Kinnison, Longoria, and Scott voting "No." * * * * * * * * * * * * * Mayor Neal called for a brief recess. Upon reconvening, he called for public comment. Mr. Jack Gordy, 310 Norton St., commented on the increase in the Mayor and Council members' car allowance reimbursement. He said that according to the appraisal district's records, some Council members are violating state law with regard to rendition of their property for tax Minutes - Regular Council Meeting November 13, 2001 Page 16 purposes. He said only three of them had turned in their names and vehicles to the appraisal district. Mr. Gordy also said the Mayor had directed the City Manager to enforce the sign ordinance and there are many political signs on SPID and Crosstown that have been erected too soon. Mr. Jimmie Till, 6034 Lost Creek, thanked the Mayor, Council, city staff and anyone who participated in the Veteran's Day ceremony at Sherrill Park. He also commented on a sign that had been erected in the parking lot of the Arts Center that restricted parking to the center's use. Mr. Till said he thought the city was part owner of the property and he expressed concern about that issue. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 18, use of the multipurpose arena. Mr. Noe said this proposal is the result of a dialogue with Texas A&M University -Corpus Christi (TAMU-CC) and SMG, the arena management company. He said the university requested this resolution as an interim statement of policy that will eventually be replaced by a detailed long-term agreement. Mr. Noe said the basic provisions of the resolution are that the university will be designated as an anchor tenant of the arena and have input into the facility design, and that the city will be a party to negotiations that will allow TAMU-CC's program to be successful within the financial viability of the arena. Council Member Kinnison asked if the city intends to have more than one anchor tenant. Mr. Noe replied affirmatively, saying that the agreement with SMG defines a "major user" as an entity that uses 30 or more dates per year. Mr. Kinnison said he hopes the amount of booking dates is not the only criteria; there may be a user that only books 12 to 15 dates but sells 8,500 to 10,000 seats. Responding to Council Member Longoria, Mr. Noe said this proposal is an interim policy until the formal agreement is reached. He said only the agreements with major users (the university and possibly a hockey team) will involve both the city and SMG; all other agreements will be negotiated directly by SMG. Council Member Scott thanked Dr. Robert Ferguson and Mr. Ray Hayes for their support of the arena and Mr. Noe for his efforts. Mayor Neal called for public comment. Dr. Robert Ferguson, President of TAMU-CC, expressed his support for the proposal. City Secretary Chapa polled the Council for their votes as follows: 18. RESOLUTION NO. 024660 Resolution designating Texas A&M University -Corpus Christi as an anchor tenant in the Multipurpose Arena and expressing the City's intent to negotiate a fair lease agreement for use of the arena by the University. Minutes - Regular Council Meeting November 13, 2001 Page 17 The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 19, North Padre Island Nourishment Project. Council Members Kelly and Garrett said they would be abstaining from this item. Assistant City Manager Tom Utter explained that $15 million was appropriated during the 2001 legislative session for the Coastal Erosion Planning and Response Act and city staff submitted project summaries for the following proposals: North Padre Island nourishment; Sunfish Island renourishment; McGee Beach nourishment; and North Beach erosion control. Mr. Utter said the proposed resolution nominates the North Padre Island nourishment project as the city's first priority. Council Member Scott referred to a letter that Senator Carlos Truan wrote to the General Land Office (GLO). He said the Senator asked the GLO to not support the North Padre Island project because the city is using sand as its in-kind match. Mr. Utter replied that the grant requires a 15% local match, which would be $450,000 of the $3 million total project cost. He said the $450,000 would be provided by the Corpus Christi Reinvestment Zone #2 (tax incremental financing district approved by city voters). In addition, the city states that there will be beneficial use of dredge material from the North Padre Island flood protection and environmental restoration project. Responding to another question from Mr. Scott, Mr. Utter said that Corpus Christi and Nueces Bay received a total of about $3.9 million during the last round of funding. Mr. Scott said that with the exception of Senator Truan, the area's U.S. and state legislative delegation members support the North Padre Island project, as have the voters. Council Member Chesney said he has written a letter to Senator Truan expressing his disappointment in the Senator's letter to the GLO, and he asked Mr. Utter what effect the Senator's actions will have. Mr. Utter said that in terms of this application, there will not be much effect on the federal level but there may be an effect on the state level because Senator Truan is very influential and is dean of the Senate. Council Member Noyola said it was the tax incremental financing district --not Packery Channel --that was approved by the voters. Mr. Chesney said he disagreed with Mr. Noyola's assessment. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 19. RESOLUTION NO. 024661 Resolution nominating the North Padre Island Nourishment Project as the City's first priority under the State Coastal Erosion Planning and Response Act. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett and Kelly abstaining. Minutes - Regular Council Meeting November 13, 2001 Page 18 Mayor Neal opened discussion on Item 20, Central Power and Light (CPL) franchise extension. There were no comments from the audience. City Secretary Chapa polled the Council: 20. FIRST READING ORDINANCE Ordinance granting a one-year franchise extension to Central Power and Light Company for provision of light, heat and power. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 21, Corpus Christi Police Officers' Association (CCPOA) agreement. Mr. Noe explained that on February 27, 2001 the Council authorized the execution of an agreement with the CCPOA covering the period from August I, 2000 through July 31, 2002 with no change in compensation during FY 2000-01 and a "reopener" covering wages and health insurance in FY 2001-02. Mr. Noe said the key provisions in the reopener agreement are: 3% across-the-board wage adjustment retroactive to August 1, 2001; 2.25% adjustment effective March 1, 2002 (plus a captain's adjustment); an increase of $25,000 in the city's contribution to the Police Officer's Association Trust, which is predominantly used to pay for retiree insurance payments; and an increase in the city's contribution for supplemental insurance effective March 1, 2002. He said there are also insurance benefit adjustments and a premium increase of 16.38%. He said the financial impact of the proposed agreement is about $1.18 million, which was built into the current budget. He said the CCPOA members ratified the agreement on November 9, 2001. There were no comments from the audience. On behalf of the Council, Mayor Neal thanked all those involved for their efforts on this agreement. City Secretary Chapa polled the Council for their votes as follows: 21. RESOLUTION NO. 024662 Resolution authorizing the City Manager or his designee to execute an agreement with the Corpus Christi Police Officers' Association (CCPOA) regarding wages and health insurance issues during FY2002 pursuant to the reopener in the current collective bargaining agreement which expires on July 31, 2002. The foregoing resolution passed by the following vote: Neal, Chesney, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero and Garrett absent. * * * * * * * * * * * * * Minutes - Regular Council Meeting November 13, 2001 Page 19 Mayor Neal opened discussion on Item 22, ad valorem taxation of leased motor vehicles. City Attorney Bray explained the agenda states that the Council can reconsider an item from the prior week's meeting but the prior item is not explicitly posted. In this case, during the Council's October 30, 2001 meeting they reconsidered their rejection on second reading of the ordinance continuing ad valorem taxation of leased motor vehicles and passed the ordinance on second reading. Mr. Bray said the Open Meetings Act states that the subject matter of an item has to be posted and he is not aware of this particular issue having been dealt with by the Attorney General or a court. He said some concern was raised about passing the motor vehicle ordinance as a reconsidered item and, in an abundance of caution, he recommended that the item be brought back with an explicit agenda posting for the Council's approval. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 22. ORDINANCE NO. 024652 Ordinance providing for continuation of Ad Valorem Taxation of leased motor vehicles. An emergency was declared and the foregoing ordinance passed by the following vote: Chesney, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal voting "No"; Colmenero absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 23, special events reimbursement policy. Mr. Mark McDaniel, Director of Management and Budget, provided a historical perspective on the policy, saying that in 1991 the Park and Recreation Advisory Board approved a departmental special events policy and in 1998 the Council authorized phased -in billing to special events for full reimbursement of city services. In 2000 Bayfest and Buccaneer Days executed five-year lease agreements with the city. He said the current policy details administrative procedures and requirements for permitting, contracting and facility rental. The policy specifies that event organizers are required to pay for all direct city services provided, with the public safety requirements determined by the Chief of Police. Mr. McDaniel then summarized the Bayfest and Buccaneer Days agreements: events will reimburse for all costs of city services; police overtime cost reimbursements were phased in, reaching 100% in 2001; and the agreements will expire after 2004. He reviewed a chart of figures provided by Bayfest and Buc Days organizers indicating that for 2001, Bayfest's expenses were over $1 million with 3% of that for city services and 1% for off-duty security. Buc Days spent about $741,000 with 5% spent on city services, 2% on city facility rental, and 1% on off-duty security. Mr. McDaniel said staff was recommending that the Council approve the resolution in order to reaffirm the current practice and existing contracts to require full reimbursement of all city costs; extend the practice of "ramping up" billing for reimbursements to newly established community events; and continue to recognize an exception for city -sponsored events. Mayor Neal called for public comment. r Minutes - Regular Council Meeting November 13, 2001 Page 20 Mr. Vic Menard, Ms. Sherri Rumley and Ms. Sarah Morrison all discussed the benefits and nature of the Bayfest festival, which celebrated its 25th anniversary in 2001. Mr. Menard said Bayfest is a signature event for Corpus Christi and he described the positive economic impact it has on the city. Ms. Rumley discussed the financial assistance that Bayfest provides to many non-profit organizations (80% of the monies go back to those groups). She said it is a clean, fun, family- oriented event. Ms. Morrison pointed out that last year the festival brought $2.3 million to the local economy and she discussed several other positive effects of Bayfest. Council Member Longoria asked if the festival organizers would be open to the idea of the city splitting the police charges with them. Mr. Menard said that would be a good beginning. Mr. Mike Yankee, President of the Buccaneer Commission, said that Buc Days has consistently been losing money over the Last four years, which coincides with the time period of the policy assessing city fees. With regard to Buc Days' community impact, Mr. Yankee said the PRCA rodeo is ranked sixth in the nation; the night parade is viewed by 200,000 people; and Buc Days draws over 146,000 visitors from out of town (with a total attendance of over 743,000). In addition, the commission co-sponsors 27 festivals and events. He said the economic impact of the festival includes about $629,000 in total taxes collected, with $6.7 million in business and restaurant sales and $5.9 million in hotel/motel sales. Mr. Alex Garcia and Mr. Mike Carrell said they were asking the Council to reconsider the city costs that are charged to the festivals in light of their economic impact. Mr. Longoria made a motion that the city establish a uniform policy for reimbursement of city services that will apply to all special events. He said the reimbursement amount for police services would be decreased from 100% to 50%. The motion was seconded by Council Member Scott. Council Member Kinnison spoke in favor of the motion. Responding to Mayor Neal, Mr. McDaniel said Bayfest and Buc Days are the only two non- profit events that the city receives billing for crowd control inside their gates; the for-profit facility in that category is Concrete Street Amphitheater. A discussion ensued about the definition of signature and for-profit/non-profit events. Mr. Longoria restated his motion as follows: a motion to amend Item 23 to amend the policy to decrease the cost of police reimbursement from 100% to 50% for non-profit special events beginning January 1, 2002. City Secretary Chapa polled the Council on Mr. Longoria's motion to amend and it passed by the following vote: Neal, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney and Garrett abstaining. Mr. Chapa polled the Council as follows: 23. RESOLUTION NO. 024663 Resolution establishing a policy for reimbursement of City services associated with special events. The foregoing resolution passed by the following vote: Neal, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney and Garrett abstaining. Minutes - Regular Council Meeting November 13, 2001 Page 21 Mayor Neal announced the executive sessions, pursuant to Texas Government Code Section 551.071, regarding the following: 24. City of Corpus Christi v. Texas Municipal League Intergovernmental Risk Pool and Texas Municipal League Joint Self Insurance Fund, No. 01-00327-D, 105`s District Court, Nueces County, Texas, with possible discussion and action related thereto in open session; 25. Five Citizens of Corpus Christi v. City of Corpus Christi et al, No. 00-275-G, 319th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia referred to a memo distributed to the Council which stated that the combined reservoir level was at 40.4%. He said the city has an agreed order with the Texas Natural Resource Conservation Commission which provides that when the 40% level is reached, the drought contingency plan is automatically enacted. One element of that plan is to prohibit lawn watering between 10 a.m. and 6 p.m. He said items scheduled for the November 20th meeting include the beach cleaning contract with Nueces County and quarterly updates on the budget and the health insurance program. He said the remaining meetings for 2001 are December 1 Ith and December 18th. Mayor Neal called for Council concerns and reports. Mr. Longoria asked about a fireworks display that was held on November 1 lth at Cole Park. Mr. Garcia said a permit was required. Mr. Longoria asked staff to review that policy, saying that he felt it was too close to the neighborhoods in the area. Mr. Chesney referred to a memo he had given the Council regarding his attempt to start a "Friends of the Park" program, which has been successful in other cities. He thanked the students at Club Estates for inviting him to their "Reader Leader" program and he apologized if any of his comments during the dues check -off issue were found to be offensive. Mr. Scott asked if the Council would be receiving a presentation on the Animal Control facility. Mr. Garcia said staff can provide one if they wished. Mayor Neal said the Council needs to be kept abreast of the issue. Mr. Scott said he attended a South Texas Military Affairs Task Force meeting and he asked if the same presentation can be given to the Council. Mr. Colmenero asked staff to provide an update on the condition of the city's parks as well as input on a way to prioritize capital improvement projects. He also suggested that the Council have a joint session with the Regional Transportation Authority Board. Mr. Noyola thanked the Moody Civic -Minded Students for their participation in the Council meeting and he thanked staff for providing them with information. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 7:40 p.m. on November 13, 2001.