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HomeMy WebLinkAboutMinutes City Council - 06/17/2003 - JointI HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Joint Meeting of the Corpus Christi City Council of June 17, 2003, which were approved by the City Council on June 24, 2003. WITNESSETH MY HAND AND SEAL, this 24th day of June 2003. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 17, 2003 - 2:00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Henry Garrett Council Members: Brent Chesney Javier D. Colmenero Melody Cooper Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott City Staff: City Manager George K. Noe Acting City Attorney R. Jay Reining City Secretary Armando Chapa Recording Secretary Rebecca Huerta Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Neil Winchester, Youth Minister of the Corpus Christi Christian Fellowship, and the Pledge of Allegiance to the United States flag was led by Council Member Cooper. 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 deviated from the agenda to recognize the city's designation as an All -America City in a competition held in Washington, D.C. last week. Mayor Neal and City Manager Noe thanked everyone involved for their efforts. Mayor Neal called for approval of the minutes of the regular Council meeting of June 10, 2003. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal referred to Item 2 and the following board appointments were made: Arts and Cultural Commission James Jones, Ph.D. (appointed) Lynda A.J. Jones (appointed) J. Don Luna (appointed) Kacie Sicilia (appointed) * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 3-10). There were no comments from the audience or from the Council. A motion was made and passed to approve Items 3 through 10, constituting the consent agenda. City Secretary Chapa polled the Council for their votes and the following motions passed by the following vote: Neal, Chesney, Colmenero, Cooper, Minutes - Regular Council Meeting June 17, 2003 - Page 2 Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 3. MOTION NO. 2003-211 Motion approving a supply agreement for 10,000 plastic recycling bins in accordance with Bid Invitation No. BI -0102-03 with SCL A-1 Plastics, LTD, of Brampton, Ontario based on low bid, for an estimated annual expenditure of$36,500, of which, $6,083.34 is for FY2002- 2003. The term of the supply agreement 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. These bins will be furnished by Solid Waste Services for use in the City-wide Recycling Program. Funds have been budgeted by Solid Waste Services for FY2002-2003. 4. MOTION NO. 2003-212 Motion approving a supply agreement for Colilert with IDEXX Distribution, Inc., of Westbrook, Maine in accordance with Bid Invitation No. BI -0095-03 based on sole source for an estimated annual expenditure of $34,600, of which, $2,884 is for FY2002-2003. The term of the supply agreement 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 are budgeted in FY2002-2003 by the Health and Water Departments. 5. MOTION NO. 2003-213 Motion approving the lease purchase of an asphalt application vehicle from the Houston - Galveston Area Council of Governments (HGAC), for the total amount of $91,197 of which $1,610.08 is for FY2002-2003. The award is based on the Cooperative Purchasing Agreement with HGAC. This equipment will be used by the Street Services Department. Funds are available through the Maintenance Services Fund. This unit is a replacement upgrade to the fleet. 6. MOTION NO. 2003-214 Motion approving the purchase of one (1) trailer mounted vacuum machine from Equipment Southwest, Inc., of Irving, Texas for the total amount of $51,171. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The trailer mounted vacuum machine will be used by the Wastewater Department. This unit is an addition to the fleet. Funds have been budgeted in the Maintenance Services Fund in FY2002-2003. 7. MOTION NO. 2003-215 Motion approving the purchase of 13,050 feet of 16" wrapped steel pipe in accordance with Bid Invitation BI -0107-03 from Texas Pipe and Supply, of Corpus Christi, Texas, based on low bid for a total of $209,191.50. The pipe will be used by the Gas Department. Funds have been budgeted by the Gas Department in FY2002-2003. Minutes - Regular Council Meeting June 17, 2003 - Page 3 8. MOTION NO. 2003-216 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $719,350 with A. Ortiz Construction and Paving, Inc. of Corpus Christi, Texas, for the Rolled Curb and Gutter Replacement and Sanitary Sewer Manhole Ring and Cover Adjustment FY2003 Re -Bid. 9. ORDINANCE NO. 025340 Ordinance appropriating a $107,252.19 insurance claim payment from Omaha Property and Casualty in the Visitors Facility Fund No. 4710 for the Convention Center Flood Damage Repairs; amending Ordinance No. 024974 which adopted the FY2002-2003 Operating Budget by increasing appropriations by $107,252.19. 10. ORDINANCE NO. 025341 Second Reading Ordinance - Authorizing the City Manager or his designee to execute a ten- year lease with Padre Little League, Inc., a non-profit corporation, for the use of Bill Witt Park and in consideration of Padre Little League, Inc. maintaining the premises and improvements. (First Reading - 5/13/03) * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. The first presentation was regarding the City Council 2003-2004 Goals and Priorities. City Manager Noe provided updates and action plans for the new and continuing goals identified by the Council. Mr. Noe first discussed the eight continuing goals that the Council had identified last year and wanted to carry over to this year. The continuing goals were as follows: charter revisions; master drainage plan; legislative agenda; Garwood water; increased CVB funding; new funding/inner city improvements; trashy neighborhoods; and improved permitting process. He provided action plans for each item. Mr. Noe then turned to the new priority issues the Council had developed. The ten new priority issues were as follows: long-term revenue picture; Bond 2004; revitalize downtown/bayfront initiatives; skate park; long-term storm water funding; ADA compliance; Park Master Plan implementation; communication with other taxing entities (summits); revisit the sexually oriented business ordinance; and the call center for city services. He provided action plans for each item. He noted that staff's plan was to provide status reports on the implementation of the goals during the quarterly budget reporting process. Council Member Scott said that he continued to hear concerns about the One Stop Shop. He asked Mr. Noe when he anticipated that the new One Stop Shop would be running smoothly and efficiently. Mr. Noe replied that it would probably take three to six months to stabilize operations to the point where the Council would not receive so much negative feedback. However, he said that ultimately, this was a long-term commitment. Mr. Scott replied that he understood that some staff members were uncooperative and were proving to be an obstacle to development. He said this Minutes - Regular Council Meeting June 17, 2003 - Page 4 situation frustrated him and he hoped it would be addressed. Council Member Kelly observed that charter amendment issues become more politicized the closer to the election. He recommended that staff be expeditious when formulating the timeline for the charter amendments. Mr. Noe said that the discussion on the charter amendments was scheduled for next week. Council Member Colmenero asked about the Neighborhood Initiatives program and the pilot program. He wanted to know when staff planned to introduce it to the rest of the neighborhoods. Mr. Noe replied that staff was still evaluating the first pilot program, and would provide recommendations with the implementation of the budget. Mayor Neal commented that the Council was often criticized because they did not seem to have a plan. He emphasized that the Council had just outlined a plan of action for the next two years and beyond. The Council's priorities were outlined in the agenda and on the city's website, and they were identified during the Council retreat. He stressed that the priorities were driven by the Council, not by staff. He asked Mr. Noe to keep the priorities in the forefront, along with the status reports, so the public would be able to track the city's progress. Council Member Noyola added that he had identified drainage improvements to the Sunnybrook and Manshiem area as one of his priorities. Assistant City Manager Massey said that the meeting was scheduled on Thursday, June 26 from 6:30 p.m. to 7:30 p.m. at South Park Middle School. Mr. Angel Escobar, City Engineer, added that a mailout was being sent out to residents in the general area. The next presentation on the agenda was a quarterly update on the city's re-engineering efforts. Assistant City Manager Ron Massey reported that during the last six months, two new job positions had been created for Water Production and Wastewater Treatment, the planner/scheduler and the coordinator. He reported that skill -based pay tracks were being developed for Water Production and Wastewater Treatment initially. He said that the MAXIMO software and the PeopleSoft system were being integrated to support skill -based pay. Regarding costs, Mr. Massey reported that the Water department had reduced controllable costs to 1995 levels. He noted that they had achieved these savings despite the fact that labor costs had decreased, but chemical and power costs had increased. In addition, he reported that the Wastewater Plants and major maintenance costs were also at 1995 levels. Mr. Massey stated that the airport was now using the MAXIMO system to manage their maintenance. He said that the re-engineering concepts were also being introduced to water distribution, wastewater collection, storm water and gas departments. He said that new organizational structures, planning and scheduling functions were being implemented into these departments. Mr. Massey reported on current activities in the re-engineering process, primarily consisting of introducing the new technology to gas, water distribution, wastewater collection and storm water. He said that the planners/schedulers have begun training on the MAXIMO system. He also said that staff was working on integrating the MAXIMO system with GIS. This integration would allow the Minutes - Regular Council Meeting June 17, 2003 - Page 5 call center and dispatchers to have access to information on any of the systems, keeping them informed on the status of all work orders. He said that staff was testing call management screens for the dispatchers and the call center. Mr. Massey said that the vision was for the integrated management of service, maintenance and assets. He added that the goal was for the customer call center to have Internet access to the various databases, including SCADA, MAXIMO, GIS and PeopleSoft, to improve customer service. For the remaining months of this fiscal year, Mr. Massey reported that the goal was to complete implementation of the re-engineering effort in Storm Water, Gas, Water Distribution and Wastewater Collection. He said that staff was also endeavoring to train other departments that request utility work, such as the Utility Business Office and restaurant inspectors, on the use of the MAXIMO system. He explained that other departments generate work orders in a different system then must be transferred to the system the public works department uses. He added that staff was working on expanding PeopleSoft integration to include warehouse inventory. In conclusion, Mr. Massey stated that within the next 24 months, re-engineering would be introduced to the Street department, Park operations, solid waste collections, call center, facility maintenance, and integration with utility SCADA. He added that staff would also be evaluating the re-engineering effort to see if it would be beneficial to other departments. Mayor Neal asked Mr. Massey if the implementation of the re-engineering effort was on schedule. Mr. Massey replied affirmatively, saying that each phase of the implementation was taking approximately six months. * * * * * * * * * * * * * Mayor Neal referred to the special budget presentation item on the agenda. Mr. Mark McDaniel, Executive Director for Support Services, reported on the general fund budget and the general fund re -forecast. He noted that the model was changing weekly as staff met with the Council Audit Committee and looked at different ways to present the data. Thus, the model being presented today was slightly dated, but he felt that it still provided a good picture of the impact of this year's budget. Mr. McDaniel reviewed the various financial forecast assumptions for revenues and expenditures. He then presented the updated five-year financial forecast. He stated that staff had made adjustments to revenues and expenditures to make the budget balance for this fiscal year. In May 2003, for example, the adjustment to balance current year revenues to expenditures was estimated at $2 to $3 million. Now, Mr. McDaniel said that the amount was zero. This reduction compounded the forecasted adjustment for FY 2007-08, reducing it from approximately $12 million to $5.4 million. He concluded that the final impact of this year's budget was $7 million over five years. Mr. McDaniel turned to general fund revenues. Regarding property taxes, he reported that staff had just received the preliminary roll from the Nueces County Tax Appraisal District, showing a 4.7% growth rate. Staff had previously estimated a 3% growth rate. Mr. McDaniel said that this resulted in an additional $647,000 in the general fund that was not currently shown in the budget. He emphasized that this was the preliminary roll, and that the certified roll would not be received Minutes - Regular Council Meeting June 17, 2003 - Page 6 until the end of July. At new values, Mr. McDaniel stated that one cent would generate $838,375. On sales tax revenue, Mr. McDaniel stated that staff was proposing $34.5 million. He reported that overall, year-to-date amounts were down by $425,000, while staff had budgeted for an estimated deficit of $250,000. He maintained that there was a possibility that this amount would be made up by the end of the year. If the deficit remained at $425,000, he said this would result in overall actual growth of 2% for this year versus the 3.5% that staff had budgeted. He added that staff had budgeted for 3% for next fiscal year, which could be optimistic unless the economy makes an upswing. In response to Mr. Colmenero's question, Mr. McDaniel said that staffwas considering taking the $647,000 in additional property tax revenue and using those funds to compensate for the decrease in sales tax revenue to balance the projections. Mr. McDaniel discussed solid waste revenues for the proposed budget for FY 2003-04. He stated that the revenues were being estimated at just less than 1999 levels. Staff was also recommending a ten -cent adjustment on the 911 wireline fees for call takers. He said that the 50 - cent rate compared favorably with other home rule cities that ran their own programs. He said that staffwas proposing to take the additional revenues from the increase and put them toward additional call center personnel and skill -based pay. Council Member Garrett asked if the monies were going toward new positions or existing vacancies. Mr. McDaniel answered that there were no vacancies reported in the call center as of last week. Mr. McDaniel discussed proposed increases to parking meter rates. He said that the current maximum rate per two hours is 50 cents, and staffwas proposing an increase of 75 cents. He said the increase would be phased in and the projected increase in revenues the first year was estimated to be $50,000. He explained that the $50,000 in new revenue would be applied toward downtown initiatives. Regarding fee adjustments to revenues, Mr. McDaniel outlined changes to municipal court, park and recreation, health fee adjustments and permits and licenses. Turning to general fund expenditures, Mr. McDaniel discussed budget reductions due to the elimination of layers and re-engineering. In total, approximately 46 positions were eliminated for a savings of $1.2 million. He stated that this amount went the furthest toward balancing the budget this year. For FY 2003-04, staff was budgeting slightly less in salary savings, $1.3 million. He described the major general fund expenditures for this year, including salary adjustments for the compensation plan; new programs or program enhancements, such as the Livable Neighborhood Initiative and downtown initiatives. In summary, Mr. McDaniel stated that the proposed decrease in the general fund for this year was $1,184,647. Staff did not program a tax increase. In addition, 46 positions were being eliminated and Phase II of the Compensation Plan was to be implemented. Finally, Mr. McDaniel stated that the new programs proposed for this year were being primarily supported by revenue offsets. Council Member Garrett asked about positions to be eliminated in Municipal Court. He asked if the new Environmental Court would have a positive effect on these positions. Mr. McDaniel said no, because the volume on collections had fallen off, in part because of changes in the law. He said he was not sure if the volume would ever return to its previous highs. He said that Minutes - Regular Council Meeting June 17, 2003 - Page 7 he advised Rene Mendiola, Director of Municipal Courts, that since the volume was not there, the positions were not needed at this time. However, he added that the new Environmental Court would be adding four positions, so the net gain would be two positions for Municipal Court. Council Member Noyola asked if there was still a backlog in cases at Municipal Court. Mr. McDaniel said there was still a backlog because there had been a problem in terms of the law for collecting an additional 30 percent for a ticket that had been passed on to the collection agency. He said that Mr. Mendiola was aggressively trying to reduce the backlog and if it was reduced, then the eliminated positions could be restored. Regarding the historical unreserved fund balance, Mr. McDaniel said that the fund balance in 2003 was estimated to be $11.1 million, compared to only $1.1 million in 1999. He stressed the increase was a tremendous achievement. City Manager Noe added that this was achieved despite the expenditures to cover damages from the tornado as well as other unanticipated expenses. Finally, regarding the third quarter financial report for FY 2002-03, Mr. McDaniel said that staff thoroughly reviewed the report to see if there were any significant variances from the budget document in terms of projections for year-end estimates in FY 2002-03, and none were found. Mayor Neal asked for a status on the city's franchise agreement with AEP. City Manager Noe responded that a draft had been sent to AEP a month ago and staff was waiting for a response. Mr. Noe added that unfortunately, AEP has not been willing to consider any change in the formula or format for payment of franchises, opting to remain with the statutory revisions. Staff has offered them an incentive to change the base year in exchange for a longer term on their franchise. In response to Mayor Neal's question, Mr. Noe replied that the city has been renewing on a month-to- month basis since the franchise expired in October 2002. Mayor Neal asked if the budget projections for franchise fees for electric were based on statutory provisions. Mr. McDaniel replied affirmatively, saying the amount was a quarter of 1 percent. Mayor Neal asked when staff anticipated resolving the matter. City Manager Noe said that the city was willing to look at a five- year agreement as part of its base option. In response to Council Member Scott's question, Mr. McDaniel confirmed that the city was spending more on Police/Fire/EMS ($75 million) than it was generating in sales tax and ad valorem taxes ($74 million). Council Member Scott asked about raising the 911 wireline fees by 20 cents instead of 10 cents and applying the additional monies to salaries for the call takers, with the goal of improving retention of employees. Mr. McDaniel answered that staff had initially submitted a proposal for a higher increase, but his concern at the time was that there were positions that they were not able to fill. He acknowledged that this situation has changed and there were no current vacancies, but he said staff would still like to try the skill -based pay program to see if it would improve retention. Council Member Garrett asked what the turnover rate was for dispatchers. Mr. McDaniel said that he did not know the exact number, but that it was very high. He said that Commander Brian Uhler has been working on improving the situation for dispatchers. Commander Uhler said that part of the problem in retaining dispatchers was that the learning curve for a new dispatcher was typically a year. The systems were very complex and the dispatchers' jobs have grown due to the development of Metrocall. Mayor Neal asked why the city did not outsource the dispatcher training to Del Mar College. Commander Uhler answered that was a good option to explore because the department used many of its resources in training. He said that the 911 service Minutes - Regular Council Meeting June 17, 2003 - Page 8 Fees were directly connected to the department's flexibility to develop other options. City Manager Noe added that he has had discussions with Dr. Valadez at Del Mar College on finding ways to maximize programs through cooperative efforts. Council Member Garrett asked Commander Uhler if his department was shorthanded. Commander Uhler replied affirmatively, saying that the development ofMetrocomm has added 22% to the total workload. However, he said that staffing levels have not increased at that level. Council Member Garrett remarked that Mr. McDaniel had said that there were no vacancies in this department. Commander Uhler responded that there were no vacancies but some of the positions were lost with changes in the Crime Control District budget. Council Member Noyola asked for the total amount of money spent on overtime pay. Commander Uhler said it was equivalent to the pay for seven full-time employees. Council Member Noyola said that if that was the case, new employees should be hired because the current employees would suffer from fatigue. Council Member Garrett also said that he was concerned that the dispatchers would fatigue if they worked such long hours. Mr. McDaniel stated that four new positions were going to be added to the budget, and staff was experimenting with the skill -based pay to see if it would make a difference. City Manager added that up until recently, staff has had some difficulty retaining dispatchers so it was difficult to rationalize adding employees at that time. Council Member Garrett asked if the reinspection fees proposed for the health department were common. Mr. McDaniel replied affirmatively. He also asked if the proposed increases in the parking meter rates would apply across the city. Mr. McDaniel said that there were four different rate structures that would be implemented in different areas, to be phased in over time. * * * * * * * * * * * ** Mayor Neal opened discussion on Item 14 regarding the proposed Crime Control and Prevention District budget. Mayor Neal remarked that the Council had reviewed the budget in detail at a prior meeting. Commander Bryan Smith briefly remarked on the highlights of the budget. Council Member Chesney suggested that Police Chief Pete Alvarez be present in the future to answer questions on the budget. There were no comments from the audience. City Secretary Chapa polled the Council for their votes, and the following resolution passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 14. RESOLUTION NO. 025342 Resolution approving the proposed Crime Control and Prevention District FY2003-2004 Budget. Mayor Neal opened discussion on item 15 regarding the Commercial Revitalization Local Strategic Plan for 2003-2009. Mr. McDaniel said that since the city entered the Renewal Community program for the first time last year, staff only made a one-year strategic plan because they wanted to gain experience with the program. Now, he said that staff was proposing a strategic plan that would run through the balance of the allocation period. He provided background on the Renewal Communities and presented the selection criteria. He commented that Corpus Christi was the only urban renewal community in Texas. Minutes - Regular Council Meeting June 17, 2003 - Page 9 Under the types of renewal community tax incentives, Mr. McDaniel highlighted the commercial revitalization deduction (CRD) since this was the type of deduction the Council approved last year. He said that Renewal Communities can allocate $12 million a year through December 2009. He added that last year, the city was able to aggregate with El Paso to receive a larger allocation, but he said this was no longer allowed. He said that each individual project can receive a maximum of $10 million in tax credits. Regarding new IRS rules and procedures, he said that unawarded allocations cannot be carried forward to the next calendar year. He said that applicants are required to incur 10% of their final basis within six months of the date of certification or by the end of the calendar year in which the allocation was made, whichever is later. The allocations can only be reallocated within the same year of the initial allocation. He said that he and Patty Garcia of the Economic Development Office have been working on a scoring and rating matrix to allow them to better evaluate the potential success of the projects. Mr. McDaniel reported that there were three types of allocations: allocations for buildings placed in service in the allocation year, a "binding commitment" and a "carryover allocation". He said the "binding commitment" would allow the Council to make an allocation of a specified dollar amount over a number of years. Mr. McDaniel presented the recommended changes to the local strategic plan. First, staff was recommending that the allocation process stay open throughout the year, providing nominations on a quarterly basis for consideration. Second, only the projects meeting the guidelines and providing the documentation would be considered, bringing the new evaluation process into play. He commented that last year, there were more allocations than there were projects, so staff was not as critical of the projects. However, with a reduced allocation of $12 million, staff would need to become much more rigorous in their analysis. Third, he said that the City Council could enter into a binding commitment to make an allocation from future allocations. Finally, he reiterated that no aggregation funds would be available. He provided a timeline for the 2003 CRD allocations. Mayor Neal referred to the list of projects approved last year. He commented that it appeared that only a fraction of the $17 million distributed last year was actually being used. Mr. McDaniel and Ms. Garcia provided more information on the projects. Mayor Neal commented that he hoped that staff would be very critical of the proposed projects because he would not want to allocate monies to a project that did not have a good chance of success. City Manager Noe replied that last year, because of the aggregation with El Paso, there more allocations than there were projects, so staff was not as critical. He stressed that this would not be the case next year, and staff would scrutinize the projects more carefully. Council Member Colmenero expressed the same concern about the projects, especially item 16, the Orion Hotels project. He said this project was one of the main reasons the Renewal Community incentives were put in place. Council Member Scott asked by what date the projects had to be completed. Ms. Garcia replied that the applicants were required to incur 10% of their final basis within six months of the date of certification or by the end of the calendar year in which the allocation was made, whichever was later. The project needed to be in service by the end of the second calendar year of the allocation. She added that allocations made in 2002 have received an extension from the IRS which will allow them until December 2003 to meet the 10% rule, but must place their project in service by December 31, 2004. Council Member Noyola also expressed concern about the Orion Hotels project. Mr. McDaniel said that staff had heard from the investor Minutes - Regular Council Meeting June 17, 2003 - Page 10 today, saying that he still expressed interest in the project. Mayor Neal asked for public comment on this item. Mr. Abel Alonzo, 1701 Thames, expressed concern that one of the applicants had canceled two proposed projects for which she had received allocations. He stressed the need for a policy to be in place to prevent this in the future. City Secretary Chapa polled the Council for their votes, and the following resolution passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 15. RESOLUTION NO. 025343 Resolution adopting the City of Corpus Christi Commercial Revitalization Local Strategic Plan for 2003-2009. * * * * * * * * * * * * * Mayor Neal announced the executive sessions, which were listed on the agenda as follows: 16. Executive session under Texas Govemment Code Section 551.071 to receive legal advice relating to the administration of the City's group health insurance plan, including a potential claim against the City's stop loss carrier, with possible discussion and action in open session. 17. Executive session under Texas Government Code Section 551.071 regarding CCMCA, Inc. a Texas Corporation, vs. City of Corpus Christi, Case No. C-03-170, in the United States District Court for the Southern District of Texas, Corpus Christi Division, with possible discussion and action in open session. 18. Executive session under Texas Government Code Section 551.071 regarding AVE, Inc. vs. City of Corpus Christi and Peter Alvarez, in his official capacity as Chief of the Corpus Christi Police Department, Case No. C-03-216, in the United States District Court for the Southern District of Texas, Corpus Christi Division, with possible discussion and action in open session. * * * * * * * * * * * * * The Council returned from executive session. Mayor Neal called for the City Manager's report. City Manager Noe reported on a proposed transaction for a gas commodities exchange. He said a desalination update, a Fourth ofJuly celebration update, and two zoning cases were scheduled for next week's meeting. Mayor Neal commented that he had received a letter from Sen. Hinojosa congratulating the city for being named an All -America City, and announcing his plans to sponsor a senate resolution to recognize the city statewide. Mayor Neal called for Council concerns and reports. Council Member Bill Kelly provided an update on the Pony League the Council had sponsored in conjunction with the Police Athletic League. He said the inaugural season was a great success, and Minutes - Regular Council Meeting June 17, 2003 - Page 11 the program was expanding for next year to include a sports complex. He also spoke regarding the Sea City Work Camp, a program in which youth groups renovate and repair homes. He said that the kids were doing a great job, and it was another example of the good things happening in the city. Council Member Noyola asked staff to post the Sunnybrook/Manshiem meeting to be held on Thursday, June 26 at South Park Middle School from 6:30 p.m. to 7:30 p.m., so that the rest of the Council could attend if they liked. He congratulated Marion Luna Brem for being selected as one of the Top 100 Latinas by Hispanic Magazine. He reported that he had spoken with Herb Canales, Director of Libraries, about the possibility of renaming the Central Library in honor of Dr. Cleo Garcia. He congratulated staff, Mayor Neal, Mark Scott and Rex Kinnison for their efforts in the city's win as an All -America City. Council Member Scott asked City Manager Noe if he had a date yet for the groudbreaking for the Packery Channel project. City Manager Noe said no, but that he would ask Tom Utter for more information. Council Member Scott said that he had spoken with Senator Hutchison, who was enthusiastic and seemed anxious to move the project forward. Mr. Scott asked staff to look into Homeland Security funds that were specifically allocated for cities. Mr. Scott also asked about the C -Sculptures event, asking which entity was responsible for cleaning up trash. Acting City Attorney Reining said that the county was responsible. Mr. Scott asked if the city had expended resources to pick up trash. City Manager Noe said that the event was responsible for their own costs. Mr. Scott also asked if there was any litter enforcement. City Manager Noe said that police officers are on duty to enforce litter laws. Finally, Mr. Scott said it was a pleasure to travel to Washington, D.C. for the All -America Cities competition, saying the city had one of the best stories to tell. Council Member Garrett asked about a recent letter to the editor about a family pet that was scheduled to be released from quarantine but instead was euthanized by Animal Control. He stressed that he did never wanted to see this happen again, and he asked Mr. Noe to look into the matter. He also asked for more information on the recent theft of insurance papers containing police officers's personal information. City Manager Noe said that he had only been advised about the incident today, and asked for more time to investigate the matter. Council Member Scott congratulated the participants for their victory in the All -America Cities competition. She asked staff to investigate a constituent concern from Ms. Mona Poe regarding the utility department. She asked if it was the city's policy that if a meter reader could not read the meter if it was in bad condition, the resident was responsible for informing the utility department for repair. Council Member Kinnison replied that he knew that staff had already addressed Mrs. Poe's concern, saying the problem was that the meter reader misread the meter. Ms. Cooper still wanted to know what the policy was. City Manager Noe said that staff would forward a response in writing. Finally, Ms. Cooper announced that the next town hall meeting would be held at the Ethel Eyerly Center on July 14, chaired by Council Member Scott. Council Member Colmenero also expressed concern about the animal control case Mr. Garrett had discussed earlier. Regarding the solid waste department, Mr. Colmenero asked if staff would be looking at the landfill issue specifically in the budget process. City Manager Noe said that he should be receiving a report within the next 30 to 60 days on staff's recommendation on the landfill. Finally, Mr. Colmenero asked for a status on the Home Road project. Mr. Angel Escobar, Minutes - Regular Council Meeting June 17, 2003 - Page 12 City Engineer, said that within the next three weeks, staff will have a neighborhood meeting to address residents's concerns. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Larry Young, President of the Corpus Christi Police Officers Association, expressed his concern about the burglary to a city employee's vehicle resulting in the theft of insurance enrollment documents for police officers and their dependents. He thought that the city needed to have a policy in place to deal with these types of incidents. City Manager Noe said that since he had been out-of-town, he had only recently been notified about the incident, and requested more time to investigate. He said he would provide the Council a report in writing. Ms. Priscilla Leal, 4738 Cheryl, spoke regarding the June 26 meeting to discuss drainage issues in the Sunnybrook/Manshiem area. She expressed concern that the meeting would not be long enough to address their concerns and asked whether the residents would be notified. Council Member Noyola said that the Council and staff would stay as long as needed and said that a memo would be sent to the residents. Mr. Roland Garza, 2854 Alvin, also spoke regarding the drainage issues in the Sunnybrook/Manshiem area. Mr. Jerry Garcia spoke regarding the Southside Pony League, 3801 Gollihar. He said that he had spoken with City Manager Noe and Dan Whitworth, Director of Park and Recreation, and was satisfied with their comments. Council Member Chesney asked for information on the issues at stake. City Manager Noe replied that the city's relationship with the Southside Pony League was landlord/tenant only. He said that staff was investigating whether the league had the authority to ban individuals from the facility. Finally, Mr. Noe said the city had offered assistance with mediation of the dispute. The following individuals also spoke regarding the Southside Pony League: Ms. Cynthia Perez, 4901 Cheryl; Ms. Kathy O'Neill, 1545 Melbourne; Ms. Cindy Acuna, 5833 Kane; Mr. Ray Gomez, 3106 Chinaberry; Ms. Yvonne Galan, 1602 Kimona; and several unidentified individuals. Mr. J.E. O'Brien, 4130 Pompano, spoke regarding the city's lack of an internal auditor; a workshop in lieu of the long discussion on health insurance at last week's Council meeting; and funding for the police and fire budget. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 6:15 p.m. on June 17, 2003. * * * * * * * * * * * * *