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HomeMy WebLinkAboutMinutes City Council - 01/25/2005I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Christi City Council of January 25, 2005, which were approved as amended by the City Council on February 8, 2005. WITNESSETH MY HAND AND SEAL, on this the 8th day of February, 2005. 4 41 Armando Chapa , City Secretary SEAL PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Bill Kelly Council Members: Brent Chesney Javier Colmenero Melody Cooper Henry Garrett Rex Kinnison Jesse Noyola Mark Scott MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 25, 2005 - 10:00 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor John Bradshaw of the Fellowship of Oso Creek and the Pledge of Allegiance to the United States flag was led by Council Member Colmenero. 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 thanked Mayor Pro Tem Kelly for presiding over the January 18 Council meeting in his absence. Mayor Neal called for approval of the minutes of the regular Council meeting ofJanuary 18, 2005. Mayor Neal noted an error on page 18 stating that he called for the city manager's report when, in fact, Mayor Pro Tem Kelly had presided over this meeting in his absence. He made a motion to approve the minutes as corrected, which was seconded, and passed. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 2 - 20). City Secretary Chapa announced that Mr. Noyola was abstaining from the vote and discussion on Items 10, 11, and 12, and Mr. Kelly was abstaining from the vote and discussion on Item 6. Mr. Scott stated he was abstaining from the vote and discussion on Items 18 and 19. Mr. Bill Kopecky, 3609 Topeka, requested that Item 6 be discussed. City Secretary Chapa stated Item 15 needed to be amended. A motion was made and passed to approve Items 2 through 20, constituting the consent agenda, except for Items 6 and 15, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting January 25, 2005 - Page 2 2. MOTION NO. 2005-026 Motion approving a supply agreement for approximately 118,000 pounds of drop -on type glass spheres, in accordance with Bid Invitation No. BI -0040-05 from Swarco Reflex, Inc., Mexia, Texas, based on low bid for an estimated annual amount of $26,715.20. This item will be used by Street Services. The term of the contract is for twelve months with options 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 using department in FY 2004-2005. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 3. MOTION NO. 2005-027 Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-05-1 for food items which include canned and frozen fruits and vegetables, meats and condiments for an estimated six month expenditure of $129,401.82. The terms of the contracts shall be for six months with an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY 2004-2005. Ben E. Keith LaBatt Food Service PFG San Antonio, Texas Corpus Christi Texas Victoria, Texas 64 Items 104 Items 76 Items $20,634.73 $53,421.65 $55,345.44 Grand Total: $129,401.82 The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 4. MOTION NO. 2005-028 Motion approving a supply agreement with Hill Country Dairies, Corpus Christi, Texas in accordance with Coastal Bend Council of Governments Bid Invitation No. CBCOG-05-2, for 152,000 half-pint containers of low fat milk, based on the recommended award submitted by the Coastal Bend Council of Governments for an estimated twelve month expenditure of $29,670.40. The term of the agreement shall be for twelve months with an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the supplier and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY 2004-2005. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting January 25, 2005 - Page 3 5. RESOLUTION NO. 026116 Resolution authorizing the City Manager or his designee to submit a grant application to the State of Texas, Criminal Justice Division in the amount of $56,163 for Year 6 funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit, with a City match of $11,959 in the No. 1061 Trust Fund and $2,800 in-kind services; for a total project cost of $70,922. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 7. MOTION NO. 2005-030 Motion authorizing the City Manager or his designee to increase the escrow funding with the Texas Department of Transportation (TxDOT) in the amount of $157,482.45 for the construction of a proposed drainage culvert on Farm -to -Market Road 70 to serve Cefe Valenzuela Landfill. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 8. MOTION NO. 2005-031 Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the Contract for Professional Services with LNV Engineering, Inc., of Corpus Christi, Texas, in the amount of $172,500 for a total restated fee of $516,475 for the Mansheim Area Drainage Improvements Project, Phases 2A through 6A (BOND ISSUE 2004). The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 9. MOTION NO. 2005-032 Motion authorizing the City Manager or his designee to execute Change Order No. 2 to the contract with Berry Contracting, Inc., of Corpus Christi, Texas in the amount of $293,078 for the Laguna Shores Road Street Reconstruction Project from Mediterranean to Caribbean for waterline replacement. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting January 25, 2005 - Page 4 10. ORDINANCE NO. 026118 Ordinance appropriating $957,594.17 in Passenger Facility Charge Fund 4621 from unreserved fund balance; transferring $957,594.17 into the Airport 2000A Debt Service Fund 4640 for debt service on airport improvements; amending FY 2003-2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $957,594.17. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained. 11. ORDINANCE NO. 026119 Ordinance appropriating $516,717.46 in unappropriated interest earnings and $7,534.14 in unappropriated bond proceeds in the Airport 2000B Capital Improvement Program Fund 3025; transferring $516,717.46 into the Airport 2000B Debt Service Fund 4641 for debt service on airport improvements; amending FY 2003-2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $524,251.60. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained. 12. ORDINANCE NO. 026120 Ordinance appropriating $240.32 in unappropriated interest earnings in Airport 1990 Capital Improvement Program Fund 3022 for airport improvements; amending FY 2003-2004 Capital budget adopted by Ordinance No. 025647 to increase appropriations by $240.32. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained. 13. ORDINANCE NO. 026121 Ordinance abandoning and vacating a 3,379.70 -square foot portion of a 7.5 -foot wide utility easement in Lot 1, Block 2, King's Crossing Unit 13; requiring the owner, Windsor Park Church of Christ, to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting January 25, 2005 - Page 5 14. ORDINANCE NO. 026122 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with Tradewinds Business Park doing business as Steve Paulson Properties, LP, (Owner) for the right to construct and maintain a private 2 -inch PVC force main that will extend approximately 448 linear feet within a city utility easement and the Palmira Avenue street right-of-way, establishing an annual fee. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 16. FIRST READING ORDINANCE Amending Code of Ordinances, Chapter 2, Article IV, Division 12, Small Business Advisory Committee regarding membership and duties. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 17. ORDINANCE NO. 026124 Amending the Code of Ordinances, City of Corpus Christi, Chapters 2, 17 and 39, regarding political participation of City employees, resign to run restrictions, and homestead exemption provisions, to correspond with election results. (First Reading 01/18/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 18. ORDINANCE NO. 026125 Abandoning and vacating a 4,380 -square foot portion of a 22.60 -foot wide alley right-of- way, between Lots 1-6 and 7-11, Block 2, Furman Addition (between Hancock Avenue and Furman Avenue) east of South Carancahua Street; subject to owner's compliance with the specified conditions. (First Reading 01/18/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting January 25, 2005 - Page 6 19. ORDINANCE NO. 026126 Abandoning and vacating a 6,394.30 -square foot portion of the South Carancahua Street right-of-way, north of Hancock Avenue; and the Hancock Avenue right-of-way, east of South Carancahua Street; subject to owner's compliance with the specified conditions. (First Reading 01/18/05) An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Scott abstained. 20. ORDINANCE NO. 026127 Abandoning and vacating the 14,731 -square feet of the Huntwick Avenue right-of-way extending south from the intersection with Saratoga Boulevard (State Highway 357) west of South Staples Street (Farm -to -Market Road 2444); subject to owner's compliance with the specified conditions. (First Reading 01/18/05) An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Scott abstained. Mayor Neal opened discussion on Item 6 regarding the American Bank Center arena. Mr. Bill Kopecky, 3609 Topeka, stated the cumulative cost for the arena construction was now $53.25 million, exceeding the initial $30 million estimate. City Secretary Chapapolled the Council for their votes as follows: 6.a. ORDINANCE NO. 026117 Ordinance appropriating $250,000 interest earnings and miscellaneous revenues in the No. 3275 Arena Facility Capital Improvement Program Fund to provide funding for the American Bank Center Arena change orders, contingencies, parking, storage and other facility needs; amending FY 2003-2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $250,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained. Minutes - Regular Council Meeting January 25, 2005 - Page 7 6.b. MOTION NO. 2005-029 Motion authorizing the City Manager or his designee to execute Change Order No. 13 for the American Bank Center Arena in the amount of $285,793 with Fulton Coastcon, Joint Venture of Corpus Christi, Texas for various architectural, civil, electrical, mechanical and structural modifications. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained. Mayor Neal opened discussion on Item 15, the ordinance calling for the April 2, 2005 general election. City Secretary Chapa reported three changes to the polling places for the general election. The first change was in Precinct 42, Citko's Deli on Santa Fe Drive. Mr. Chapa reported the deli was requesting a rental fee increase from $50 to $900; hence staff was not recommending its use as a polling place. Since Precinct 42 was a small precinct with 403 registered voters, he recommended combining Precinct 42 with Precinct 63, the Parkway Presbyterian Church on Santa Fe Drive. The second change was in Precinct 48, the Abiding Savior Church. Staff was informed the church would not be available for use as polling place during this election; hence staff recommended the use of the U.S. Army Reserve Center on 4722 McArdle. The third change was in Precinct 118, Most Precious Blood Catholic Church. Staff was informed the church had a scheduling conflict prohibiting its use as a polling place. Mr. Chapa said staff was recommending the Saratoga Medical Center, 3434 Saratoga Boulevard, as a substitute, noting it was directly adjacent to the church. Mr. Chesney made a motion to amend the polling places as described by City Secretary Chapa, seconded by Mr. Garrett, and passed. City Secretary Chapa polled the Council for their votes as follows: 15. ORDINANCE NO. 026133 Ordinance ordering a General Election to be held on April 2, 2005, in the City of Corpus Christi for the election of mayor and eight council members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing the City Secretary to contract with the Nueces County Election Officer for equipment, supplies, and printing necessary to conduct the election; selection of April 30, 2005 as the Runoff Election date, if one is necessary; enacting provisions incident and relating to the subject and purpose of this ordinance. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mr. Noyola asked City Secretary Chapa to inform the voters in the aforementioned precincts Minutes - Regular Council Meeting January 25, 2005 - Page 8 about the changes in their polling place sites. Mr. Chapa replied affirmatively, saying staff would post signs at the former sites to inform voters about the change in their polling place site. Mr. Noyola also hoped the Caller -Times would publicize the changes in the newspaper. * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. The first presentation was Item 21, an FY 2004-2005 first quarter report on the health benefits/risk management fund. Director of Human Resources Cynthia Garcia summarized the report by saying there were no surprises in the first quarter, but it was still too early to predict how the fund would perform at year's end. Ms. Garcia discussed the performance of the health benefits fund in more detail. Referring to a graph illustrating the number of claims filed by plan, she said there was a drop in the number of claims processed in August 2004, with 4,377 claims processed. In September 2004, however, Ms. Garcia said the number of claims increased to 7,608. A similar increase in claims was observed last year within the same time frame, and could be attributed to start-up costs for the new plan year. Finally, Ms. Garcia reported the number of claims dropped in October by approximately 1,000 claims. Ms. Garcia referred to a graph delineating the number of dollars paid by plan including prescriptions. She said the average monthly amount paid in the first quarter was $1,354,000, compared with the average monthly amount of $1,393,000 recorded for the first quarter of last fiscal year. Comparing the percent change in dollars paid among the plans for last fiscal year and this fiscal year, Ms. Garcia reported the following findings: Citicare - 9.73 percent decrease; Fire - 7.51 percent increase; Police -11.01 percent increase; and Citicare Basic - 19.08 percent decrease. Ms. Garcia also reported a 4.19 percent increase in prescriptions. Mr. Noyola asked Ms. Garcia if the city allowed employees to buy prescriptions for three to six months at a time over the Internet or by mail. Ms. Garcia replied negatively. Mr. Noyola asked staff to look into offering this enhanced benefit to employees because it was a much more cost effective way to buy prescriptions. Ms. Garcia reported the average cost per claim in August 2004 was $252 compared with $387.22 in August 2003, a decrease of 35 percent. September's average cost per claim was $204.26, a 9 percent increase compared with September 2003, and October's average cost per claim was $210.45, an 18 percent increase compared with October 2003. She pointed out, however, that both numbers were much lower than the average cost per claim in August 2003. Ms. Garcia reported on the risk management fund, comprised of workers' compensation and general liability. Regarding workers' compensation, she said current costs for this quarter had decreased by $131,190. Although this seemed promising, she reminded the Council that this number could change as each claim worked through the system. In addition, the number of claims for the first quarter had also decreased from 281 claims at the same time last year to 255 claims. Ms. Garcia discussed a graph illustrating the dollars paid in the current year for prior years' claims. She said $776,690 was paid in this quarter for claims in prior years. Minutes - Regular Council Meeting January 25, 2005 - Page 9 Ms. Garcia referred to a graph depicting a year-to-date claims count comparison by department. She reported the number of claims had decreased compared to the first quarter last year in every department except park and recreation and the "all other" category. Ms. Garcia reviewed a chart illustrating the year-to-date incurred cost comparison by department showing a reduction in costs in the police, fire, and solid waste departments when compared to first quarter last year. However, there were increases in the park and recreation, wastewater, and street departments. Ms. Garcia referred to a graph depicting the year-to-date claims count by type of injury. She said strains and contusions continue to be two of the top three types of injuries this quarter, but the numbers have decreased. Lacerations became the third most common injury, replacing sprains, which were also down. Ms. Garcia reported on the general liability component of the risk management fund. She said there were 188 claims in the first quarter, a decrease in the number of claims compared with the first quarter last year. The police department's claims decreased from 36 claims to 59 claims compared with the first quarter of last year. Ms. Garcia referred to a graph illustrating the dollars paid in the current year for previous years' claims. She said the total paid this quarter was $334,572. Finally, Ms. Garcia discussed a slide showing the number of claims by type. The vehicle damage category continued to have the highest number of claims for the quarter, but was down compared to last year's first quarter. In an effort to reduce vehicle accidents, staff was considering the implementation of a driving feedback system that could include a drive -cam video component. She said a pilot program would be implemented later this year once staff had reviewed the types of systems available. Mayor Neal asked if staff knew how many outstanding lawsuits were pending against the city. Ms. Garcia replied affirmatively, saying staff had a litigation and claims meeting at least once a month to monitor claims, and revise the incurred amounts posted on the books as needed. Mayor Neal asked if the city did the same on workers' compensation claims. Ms. Garcia replied negatively, saying staff did not meet regarding them on a monthly basis, but they were reviewed regularly and adjusted as needed. She thought there might be a claims meeting held between Richard & Associates, the city's third party administrator (TPA), and the risk management division. She said she would find out and report to the Council. Mayor Neal suggested staff also review workers' compensation cases on a monthly basis to monitor costs. Ms. Garcia stated that workers' compensation claims were reviewed monthly by F.A. Richard and Associates, the city's TPA for workers' compensation, and risk management staff. * * * * * * * * * * * * * The next presentation was Item 22, an update on the city's Americans with Disabilities Act (ADA) Title II Transition Plan and the city's non-discrimination ordinance. Director of Human Relations Leon Bazan said although the implementation was a joint effort among all the Minutes - Regular Council Meeting January 25, 2005 - Page 10 departments, he recognized the engineering, public information office, museum, park and recreation, and solid waste departments for their assistance. Mr. Bazan reported on the implementation of the ADA Title II transition plan. He discussed the accessibility improvements in public facilities, including the following sites: city hall, the libraries, health clinics, street/solid waste departments, recreation center, and senior centers. He stated that since their last quarterly report in December 2004, the construction phase was approximately 93 percent complete on city facilities, encompassing 19 projects. In City Hall, Mr. Bazan stated 17 additional doors were automated, and 17 door levers were installed. In addition, 76 additional tactile signs were mounted for braille readers. Mr. Bazan discussed accessibility improvements in public programs, services or activities. To date, staff had purchased assistive technology, accessible equipment and services for the park and recreation department, public information department, and Museum of Science and History. Specifically, he said games, recreation tools, games and sports equipment were purchased for participants with hearing and sight impairments for the park and recreation department. In addition, the pool entrance for Collier Pool was improved to provide more accessibility. Finally, he reported that closed -captioning was now available for public information programs and the museum's educational videos. He announced Museum Director Rick Stryker was available to provide a demonstration of the museum's new audio equipment after the meeting for the Council and staff. Mr. Bazan also reported staff had purchased new materials for American Sign Language classes to be held in the park and recreation department. Accessible furniture for the libraries, the recreation centers, and the senior centers was also purchased, and modifications were made to the service counters at the Parkdale and Northwest Branch Libraries to improve accessibility for book retrieval. Finally, he said staff held policy reviews with all city departments. Mr. Bazan reported on their efforts to improve accessibility in site development through training on State of Texas accessibility standards through the Texas Department of Licensing and Regulation. He said three staff members from the development services department and one staff member from the human relations department attended this academy. With the training they received, these individuals will assist in reviewing, inspecting, and/or investigating ADA compliance issues on behalf of the city. Regarding accessibility outreach, Mr. Bazan stated staff provided training to city directors and ADA coordinators. Training was also provided at the 2004 Human Relations Annual Conference, including ADA sessions for non-profit, public, and private entities. Finally, he said monthly employee awareness and PeopleFirst training sessions were ongoing. Mr. Bazan discussed the progress on curb ramp projects throughout the city and by individual request. He said the citywide curb ramp projects along arterial and collector streets were approved by the voters in the 2004 bond election. During the street improvements process, he reported individual departments were demonstrating flexibility wherever possible in addressing ADA curb ramp needs. Mr. Scott asked for a map of all the streets included in the curb cuts and sidewalk improvement program the city was implementing. Specifically, he was curious why Santa Fe Drive Minutes - Regular Council Meeting January 25, 2005 - Page 11 was being worked on seemingly early in the program. City Manager Noe replied the curb cut and sidewalk improvements on Santa Fe Drive were being initiated as part of the street work completed on Santa Fe Drive, Alameda Street, and Weber Street. He said the city used funds from the Bond 2000 allocated for accessibility improvements and matched them with funding from TxDOT (Texas Department of Transportation), in effect completing the aforementioned projects that were actually part of the 1986 bond program. Mr. Bazan added TxDOT has played a critical role in the ADA accessibility improvements for these projects by providing an 80/20 funding match. With regard to the individual curb ramp projects, Mr. Bazan reported Phase I of the individual curb ramps request program was complete, encompassing 16 projects in the Mary Grett, Chula Vista, Christus Spohn Memorial Hospital, Christus Spohn Shoreline, Tarlton Street, and the Poenisch/Ropes Park areas. Phase II of the project would commence in Spring 2005, including four individual requests. The engineering department would provide a list of the projects with maps. Mayor Neal reminded the Council that the curb ramp projects were prioritized with the assistance of the Committee for Persons with Disabilities. He asked staff to provide the prioritized list the committee had developed because it was driving the order of the projects, along with the Bond 2004 program. City Manager Noe agreed, saying the city had made a commitment to spend $1,000,000 a year on curb cuts and similar accessibility improvements, targeting those identified as priority projects by the committee. Mr. Bazan reported on the city's non-discrimination ordinance. He briefly reviewed the purpose of the ordinance, which amended Chapter 24, Human Relations, of the city code of ordinances by adding Article V, "Discrimination Against an Individual with a Disability". The ordinance was designed to provide a local resource in allegations of disability discrimination through review, investigation, and enforcement, using ADA guidelines for public and private entities. Mr. Bazan stated the non-discrimination ordinance categorized complaints into three areas as follows: places of public accommodation (i.e. stores, hotels, and restaurants); other governmental entities (i.e. school districts, state, and county offices); and the City of Corpus Christi (public programs and services). In Category I, places of accommodation, there were a total of eight complaints, four of which were related to restaurant services (e.g. insufficient parking, inaccessible restrooms). The other four complaints were related to the following establishments: a retail shop, a shopping center, a medical center, and a non-profit sporting event. These complaints were also resolved. In Category II, other governmental entities, Mr. Bazan reported a total of three complaints were made in this category. Two of the complaints were related to education, and one was related to licensing. Mr. Bazan stated the complainants were referred to the appropriate governmental entity. With regard to Category III, the city's programs, services, and activities, Mr. Bazan reported the city had received 108 complaints. Of the 108 complaints, 101 were related to the automated trash collection services. He said these complaints had been addressed primarily by providing alternate trash pick-up service. The seven remaining complaints were related to the following areas: ramps/aisles - 2; seating - 2; parking - 1; curb ramps - 1; and cost of services - 1. He said each of Minutes - Regular Council Meeting January 25, 2005 - Page 12 the complaints was being addressed. In response to Mr. Colmenero's question, City Manager Noe replied the large number of complaints regarding the automated trash pick-up service were directly related to the recent deployment of the last automation phase. Mr. Noyola also asked if the arena was making arrangements to accommodate for children with disabilities who may want to attend a family event, such as the upcoming Hilary Duff concert. He also remarked that strollers were not allowed in the arena, which made it difficult for families to take young children to the event. Mr. Bazan replied the engineering department was closely monitoring the arena construction to ensure the facility would be ADA -compliant. Finally, Mr. Bazan discussed a number of other accessibility awareness efforts. First, the annual human relations conference included ADA compliance segments. Second, the Committee for Persons with Disabilities sponsored the Texas Governors' Committee for People with Disabilities' Barbara Jordan Media Awards dinner. They also hosted a number of workshops on cultural access and ADA compliance for non -profits, public, and private entities. Third, he reported the park and recreation department had sponsored a Recreation Inclusion Awareness Month with the assistance of a diverse community planning committee, including human relations commissioners and Committee for Persons with Disabilities members. He also recognized the Committee for Persons with Disabilities for their activism and civic involvement. Mayor Neal asked for an update on closed captioning for the Council meetings. Ms. Taylor Butler replied staff issued an RFP on the closed captioning for the Council meeting, and one vendor responded. Discussions with the vendor have been postponed until the Council Chamber and sixth floor conference room renovations are completed. She mentioned there was a change in the type of equipment recommended for the closed captioning which would be brought to the Council for their consideration. She anticipated resuming with the project shortly. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 23 regarding a significant donation to the Parkdale Branch Library, and the renaming of said library to the William T. Neyland Public Library. Director of Libraries Herb Canales reported he was informed by the Wells Fargo Trust department that the library was named a beneficiary in the last will and testament of Mr. William T. Neyland. Mr. Neyland had established a trust for his wife, Mrs. Anita T. Neyland, and he directed that 25 percent of the trust be distributed to the library upon Mrs. Neyland's death. Mrs. Neyland passed away in October. Mr. Canales stated the estimated amount to be distributed to the library was between $500,000 to $600,000. Mr. Canales reported the Library Board was recommending the funds be used to improve the Parkdale Branch Library, the oldest library facility. The recommended improvements included replacing the carpet and ceiling, upgrading mechanical and lighting systems, and providing ADA access to the second floor of the library. The second floor of the library totaled approximately 2,000 square feet, but was being used primarily for storage due to lack of access. The Parkdale Branch Library was the city's most popular branch, and was overdue for facility enhancements. Minutes - Regular Council Meeting January 25, 2005 - Page 13 Mayor Neal said the Neylands' gift was wonderful news. He said Mr. Neyland had also been a strong advocate for transportation issues, and he spoke in support of recognizing Mr. Neyland's generosity and community involvement. Mr. Noyola remarked about a year ago, a group of constituents had approached him with the idea of renaming the Central Library in honor of Dr. Cleo Garcia to recognize her long-time civic involvement. He met with Mr. Canales about the idea, but he said Mr. Canales did not support the idea due to funding constraints. Mr. Canales replied the library needed funding, and hence reserved naming opportunities in recognition of monetary contributions toward facilities. Mr. Noyola stated he did not have anything against the Neyland family personally and recognized their contribution to the community, but he did not support the renaming of the Parkdale Branch Library. He said Dr. Cleo Garcia had also contributed greatly to the community, spending much of her time educating the public at the Central Library. He did not believe his request to rename the Central Library in her honor should be rejected simply for monetary concerns. Mr. Colmenero suggested honoring Dr. Cleo's work in the field of genealogy through some form of recognition . He referred to the Central Library's Local History department, saying the Corpus Christi Genealogical Society could become involved in determining an appropriate form of recognition. Mr. Canales replied Dr. Cleo was already prominently recognized in the Local History department, with a plaque and the dedication of room in her honor purchased by a private donor in the 1980s. Mr. Canales explained the library system had a number of pressing needs which could not be funded through the general fund. Thus, staff relied on the assistance of private donors to supplement the library system's expansion and development. He said the library system had developed an informal tradition of recognizing private donors with naming opportunities. Mr. Noyola stated he would support this item after all, but he asked staff to speak with the Canales family to find a way to further recognize Dr. Cleo Garcia. Mr. Canales replied he had worked closely with Dr. Garcia, and he respected her greatly. He said this matter was strictly a business decision. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 23.a. ORDINANCE NO. 026128 Ordinance appropriating an amount up to $600,000 of the estimated cash distribution to be received from the William T. Neyland Estate into the Library Capital Improvement Program Fund No. 3210 for improvements to the Parkdale Branch Library; amending FY 2003-2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by up to $600,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting January 25, 2005 - Page 14 23.b. RESOLUTION NO. 026129 Resolution authorizing the renaming of the Parkdale Branch Public Library to the William T. Neyland Public Library upon completion of improvements to the facility, upon recommendation by the Library Board. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 24 regarding the purchase of servers, software, and software implementation services by the Municipal Information Systems (MIS) department. Director of MIS Ogilvie Gericke explained the city used HP servers operating on a proprietary UNIX operating system. He said the servers were expensive, costing $150,000 each, and only had a three year life span. For these reasons, staff had been phasing them out over the past few years. The city currently had only five servers remaining, two in the police department/municipal court, and three in City Hall. Each server was loaded with a different set of applications, all using Oracle as a database. Unfortunately, this meant that when one server failed, the specific applications loaded on that server became unavailable. Mr. Gericke stated one server must be replaced during FY 2004- 2005 and the other two during FY 2005-06. Mr. Gericke reported staff investigated different options for replacement of the existing servers, and found that Intel servers operating on an open Linux system have become an industry standard. These types of servers were inexpensive compared to HP UNIX servers and could be purchased from a number of manufacturers. In addition, he said Oracle/Dell had developed a clustering system that was less prone to failure because when one server failed, the other servers smoothly took over its operation. Another advantage was the new system would allow the city to add more applications without additional database personnel. Finally, he said the system was expandable as well. Mr. Gericke stated staff received favorable quotes from Dell to provide the necessary software and MYTHICS to move the current applications and databases from the HP UNIX system to the Linux based clustered environment. Thus, staff was recommending the approval of the proposed system. Mayor Neal asked if these would be recurring costs. Mr. Gericke replied the servers would need to be replaced every three years. The only one-time cost was the software purchase and the cost to migrate the current applications and data to the proposed system. City Manager Noe added the costs were being spread out over a five-year period. Mr. Colmenero asked how long the transition from the outgoing system to the new system would take. Mr. Gericke replied the transition would take approximately four to six months. Staff would run the systems concurrently to thoroughly test the new system before switching over permanently. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting January 25, 2005 - Page 15 24.a. MOTION NO. 2005-033 Motion authorizing the City Manager or his designee to purchase ORACLE software from DELL MARKETING, L.P., of Round Rock, Texas in the amount of $313,296, using the City's line of credit, to replace the current proprietary HP UX server environment with Intel Linux server environment. The Oracle software will be used to cluster the servers and automate some functions performed by the database administrators. Dell is an approved Texas Department of Information Resources vendor. Funds have been budgeted for the anticipated FY 2004-2005 lease purchase payments and will be requested for all subsequent budget years. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 24.b. MOTION NO. 2005-034 Motion authorizing the City Manager or his designee to purchase implementation services from MYTHICS of Virginia Beach, Virginia in the amount of $209,117 using the City's line of credit, to migrate the existing applications and databases from the current proprietary HP UX server environment to an open Intel Linux environment. MYTHICS is an approved Texas Department of Information Resources vendor. Funds have been budgeted for the anticipated FY 2004-2005 lease purchase payments and will be requested for all subsequent budget years. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". * * * * * * * * * * * * * Mayor Neal opened discussion on Item 25, the consideration of a request by petitioners that the city adopt an ordinance which would mandate spaying and neutering of dogs and cats. Mayor Neal asked City Secretary Chapa to explain the options available to the Council on this matter. City Secretary Chapa briefly provided background information on the petition and the proposed ordinance. He stated the petition was submitted by 50 petitioners in December 2004 under Charter Article 1, Section 4, Initiative and Referendum. The proposed ordinance required the spaying and neutering of all dogs and cats. The ordinance did provide for a number of exceptions, including extreme health conditions, or the purchase of a breeder or intact permit by the owner. The ordinance also set the level of payment for the permits, and required the permit numbers to be tattooed or embedded in the dog or cat with a microchip. City Secretary Chapa stated the Council's deadline to consider the ordinance was February 4, 2005. The Council had requested, however, that the initiative request be forwarded to the Animal Control Advisory Committee for a recommendation. Thus, the issue was placed on the agenda today to allow the committee to report on their recommendation. Animal Care Program Manager Cherrie Stunz reported the Animal Control Advisory Minutes - Regular Council Meeting January 25, 2005 - Page 16 Committee recommended that no action be taken on the petition at this time pending the re- evaluation in one year's time of the existing ordinances the city recently revised and passed. Mayor Neal asked for public comment. Ms. Susan Thiem, 96 Lakeshore Drive, said she was a senior member of the Animal Control Advisory Committee. She stated the committee felt it would be prudent to see if the revised animal care ordinances were enforceable before adopting any measures. If, after one year's time, the revised ordinances proved to be ineffective, then the committee would be open to considering other legislation. Mr. Kelly asked how long the existing ordinances had been in effect. Ms. Stunz replied the existing ordinances had been in effect since January 1, 2005. Mr. Kelly asked if any meaningful data on the effectiveness of the ordinance could be compiled by early February. Ms. Stunz answered negatively, saying the city would need approximately six months of data before drawing any conclusions. Mr. Kelly asked if the proposed ordinance was intended to reduce the number of stray animals the city had in the city. City Manager Noe replied this seemed to be the petitioners' intent, but it was questionable whether their proposal would truly accomplish this goal. Ms. Stunz stated the city's existing animal care ordinance provided for mandatory spaying or neutering of pets that are impounded without a current rabies vaccination or a city license. If the pet did have a city license and a current rabies vaccination, then the pet would simply be released after the impoundment fees were paid on the first offense. If the animal was impounded a second time, however, then a mandatory spaying or neutering would be required. Mr. Kelly asked if the city was undertaking any other efforts to control the stray animal population. Ms. Stunz replied the animal care division performed sweeps in problem areas, and was active with the Neighborhood Initiative Program. In addition, staff was planning a number of educational programs this fiscal year. Mr. Kelly asked if the petitioners were aware of the animal care division's efforts to control the stray animal population. Ms. Stunz replied one of the petitioners currently served on the Animal Control Advisory Committee, so this individual should be aware of the animal care division's initiatives. Mr. Kelly asked City Attorney Fischer if she considered the city's existing animal care ordinance to be enforceable. Ms. Fischer answered affirmatively. Mr. Bill Kopecky, 3609 Topeka, stated he did not think the petitioners would be able to obtain the number of signatures (5 percent of non -registered voters) required through the referendum process. He also did not believe the existing ordinance was enforceable. Mayor Neal asked Mr. Chapa to discuss the Council's options. City Secretary Chapa replied the Council could approve the ordinance submitted by the petitioners, deny their request, or take no action. If the Council decided to take no action or to deny the request, then Mr. Chapa would present the petitioners with petition pages for circulation on February 4. If the petitioners submitted a valid petition within 90 days, an election would have to be held on this issue in April 2007. The Council decided to take no action on the petition. Minutes - Regular Council Meeting January 25, 2005 - Page 17 * * * * * * * * * * * * * Mayor Neal opened discussion on Item 26 regarding the hospital speed zone on Alameda Street. City Manager Noe stated the Council had expressed interest in the status of the hospital speed zone on several occasions. He said the Transportation Advisory Committee had discussed the issue this week, and offered a number of recommendations. He asked City Engineer Angel Escobar and Traffic Consultant Engineer Kevin St. Jacques, to provide a briefing. Mr. Escobar reported staff has been studying the effectiveness of the hospital speed zone on Alameda Street for the last year, considering its proximity to an existing school zone and its length. Staff completed a number of traffic counts and in -field pedestrian surveys to obtain data. In addition, Mr. Escobar stated last August, the Transportation Advisory Committee asked for additional pedestrian safety improvements such as safety striping. Finally, he reported the issue was brought before the Transportation Advisory Committee yesterday for their recommendations, which staff would present shortly. Mr. St. Jacques described the current conditions on the affected section of Alameda Street. He said the hospital zone extended from Texan Trail to Ropes Street, with a 20 -MPH speed limit from 8:00 a.m. to 5:00 p.m. Embedded within the hospital zone was a 20 -MPH school zone, extending from Texan Trail to Sinclair Street, which was in effect from 7:15 a.m. to 8:15 a.m. and 3:00 p.m. to 4:00 p.m. He said Alameda Street was designated as an arterial road in the city's thoroughfare plan. Hence, having an arterial with a 20 -MPH speed limit for the majority of the day was a serious consideration. Mr. St. Jacques stated there were a number of issues related to the continuation of the hospital zone. Regarding traffic delays, Mr. St. Jacques reported there were approximately 19,000 vehicles traveling on Alameda Street on a typical weekday, with 12,000 vehicles traveling between the hours of 8:00 a.m. to 5:00 p.m. He said the speed limit was reduced from 35 MPH to 20 MPH, a 15 MPH reduction, which resulted in a delay of over a half -mile length, or .64 minutes per vehicle. This amount of delay may seem insignificant, but Mr. St. Jacques stated that cumulatively, it amounted to 120 vehicle -hour delays per weekday. With regard to traffic safety, Mr. St. Jacques stated there were over 40 driveways on this three -to -four block section of Alameda Street. He said having this number of driveways was not an ideal situation on an arterial roadway. The slower traffic, however, did improve the drivers' ability to utilize gaps in traffic. Mr. St. Jacques also noted there were eight collisions per year over the past three years, particularly in the area near Rossiter Street and the entrance to a nearby apartment complex. Mr. St. Jacques discussed pedestrian crossing safety measures. He reported staff counted the pedestrians crossing the street in the hospital zone for an entire week at two different times of the year. The types of pedestrians in the area included bus passengers, hospital patients and visitors, and hospital employees. Staff spoke with representatives from area hospitals and a number of local business owners, and also held a public hearing at a Transportation Advisory Committee public hearing to obtain public input on the hospital zone. Mr. St. Jacques reported many individuals spoke in support of the hospital zone because the slower traffic created a calming effect, the noise of rushing traffic was reduced, and driveway entry and exit was less stressful. Minutes - Regular Council Meeting January 25, 2005 - Page 18 Since these discussions, Mr. St. Jacques reported staff has initiated a number of pedestrian safety improvements in the area. Phase 1 of the improvements has already been completed, and consisted of enhancements to two existing crosswalks near Driscoll Children's Hospital and near Sinclair Street. The enhancements created a pedestrian refuge in the median so pedestrians could cross one direction of traffic. This was accomplished by painting a solid yellow line the full width of the median for a certain distance on either side of the crosswalk to divert left turning traffic away from the crosswalk. In addition, he said traffic lanes were shifted, using extra pavement width in the area to create a horizontal traffic diversion. Mr. St. Jacques discussed the effects of the crosswalk enhancements to date. Before the lane shift and the pedestrian refuges were in place, the compliance rate for the 20 MPH hospital speed zone was as follows: 50 percent of drivers - 26 MPH; and 85 percent of drivers - 33 MPH. After the crosswalk enhancements were made, the compliance rate improved as follows: 50 percent - 22 MPH; and 85 percent - 28 MPH. After 5:00 p.m., the average speed was 33 MPH for 50 percent of drivers and 38 MPH for 85 percent. In light of their success with the Phase 1 improvements, Mr. St. Jacques reported staff was recommending the implementation of Phase 2 improvements. First, staff recommended installing a white edge line stripe at the edge of the outside travel lanes northbound and southbound, creating a l0 -foot wide "channel" which tend to calm traffic. Second, staff recommended keeping the existing school zone intact. Third, staff would provide a new marked crosswalk across Alameda and ADA accessible landings along the south side of Rossiter Street intersection, eliminating the existing crosswalk at the middle of the driveway to the apartments. Additional treatments to enhance pedestrian crossings could be added as deemed necessary, such as creating raised pedestrian refuges in the Alameda median at Sinclair Street and Rossiter Street, and installing push-button activated pedestrian crossing flashers. Mr. St. Jacques stated once the Phase 2 improvements were implemented, staff would monitor the performance of the street for one to two months. After this trial period, staff recommended eliminating the hospital speed limit zone and retaining the school zone. He said staff was requesting Council approval to proceed with the Phase 2 improvements on first reading, and then hold a public hearing at the second reading of the ordinance in two to three months. The public hearing would give the public an opportunity to comment regarding the hospital zone, and allow the Council to amend the ordinance if needed based on their comments. City Engineer Escobar added the Transportation Advisory Committee concurred with this plan at their meeting yesterday. Mr. Chesney asked if staff had informed any of the parties opposed to the elimination of the hospital speed zone about the proposed improvements being considered today. Mr. Escobar replied staff had discussed the planned improvements with a number of area stakeholders (e.g. businesses, local hospitals, and apartment complex representatives) at the August 24, 2004 Transportation Advisory Committee meeting. He added, however, that staff had not spoken with the stakeholders recently, but had informed them at the August meeting that the subject would be discussed at a January Council meeting. Mr. Chesney asked what the stakeholders's response had been regarding the proposed elimination of the hospital zone. Mr. Escobar replied they were against the elimination of the hospital zone. Mr. Chesney took exception to the fact that staff had not kept the public informed about this Minutes - Regular Council Meeting January 25, 2005 - Page 19 controversial issue. He was strongly opposed to approving staffs recommendation today without eliciting more public comment on the issue. Assistant City Manager Ron Massey explained there were two sides to the issue: pedestrian safety and traffic delays due to slow speed. At the August Transportation Advisory Committee meeting, he reported that none ofthe stakeholders spoke against the proposed pedestrian safety improvements. Staffs recommendation was to implement the pedestrian safety improvements, and then evaluate their effectiveness. Once the evaluation results were known, he said they could be used to reach agreement between all parties to eliminate the speed zone. Mr. Chesney reiterated his concern, and he asked the Council to consider delaying the vote until the first meeting in February. City Manager Noe added the Council had raised concerns about the impact of the hospital zone on area traffic about a year ago. The Council requested that staff provide them with the data they had submitted to the TAC, which was the purpose of today's presentation. He said staff had discussed the issue with the Transportation Advisory Committee (TAC) on various occasions, but the discussion had reached an impasse. The TAC did take the reasonable approach of requesting additional data, and then offered to reconsider eliminating the zone in 60 to 90 days. Mr. Scott remarked that according to the pedestrian crossing counts presented today, the highest counts were across from St. Patrick's Church (162 pedestrians a week) and the Regency Square Apartments (252 pedestrians a week). Thus, it seemed the people benefitting the most from the zone were apartment residents rather than the hospitals and the medical facility patrons. Mr. St. Jacques replied this was why staff felt it would be preferable to create pedestrian safety improvements at those focus points rather than create an entire speed zone. Mr. Scott spoke in support of staffs recommendation, but asked staff to elicit more public input. He specifically mentioned including the Morningside Preservation Society in the discussion as well as area businesses. Ms. Cooper agreed with Mr. Chesney's view that the city should elicit more public input, and expressed concern about passing this ordinance on first reading. Mr. Massey replied the Council could direct staff to proceed with the pedestrian safety improvements and defer the first reading until a public hearing on the issue was held. Ms. Cooper spoke in support of staffs recommendation, but she asked staff to provide more public notice on controversial items in the future. Mr. Kelly observed that the proposed ordinance did not mention the pedestrian safety improvements at all; rather, it was strictly about the elimination of the hospital zone. Mr. Escobar answered affirmatively. Mr. Kelly asked if staff could proceed with the pedestrian safety improvements as outlined in today's presentation without the Council's approval. Mr. Escobar replied affirmatively, but said staff would like the Council to formally concur with the recommendation. Mr. Chesney referred to Mr. Kelly's comments, saying that in reality, the proposed first reading ordinance was limited to the elimination of the hospital speed zone. He said he had just spoken with a representative from Driscoll Children's Hospital who said the hospital was strongly against the elimination of the hospital zone. Mr. Chesney took exception to taking action on this item without public discussion, and he spoke against staffs recommendation strictly on these grounds. Minutes - Regular Council Meeting January 25, 2005 - Page 20 Mr. Kinnison asked if staff could continue with the proposed pedestrian safety improvements even if the Council decided to postpone the first reading of the ordinance. Mr. Escobar replied affirmatively. Mayor Neal made the following motion, seconded by Ms. Cooper: 26. MOTION NO. 2005-035 Motion to delay the first reading of the ordinance eliminating the Hospital Speed Zone on Alameda Street, and to instruct staff to proceed with pedestrian safety improvements; and to request that a public hearing be held by the Transportation Advisory Committee on the proposed ordinance prior to the first reading to be brought back for Council consideration within 120 days The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". * * * * * * * * * * * * * Mayor Neal announced that Item 27 regarding public access cablecasting was being withdrawn by staff. 27.a. Sccund RLadins Oidn,ancL 27.b. LaauIb' VI UtiIa�H.L Mayor Neal called for a brief recess to present proclamations. * * * * * * * * * * * * * The Council returned from recess, and Mayor Neal called for petitions from the audience. Ms. Susan Thiem, 96 Lakeshore Drive, spoke in support of staffs decision regarding the current operating hours of the animal control facility. Ms. Becki Jones, 1856 C.R. 32, spoke regarding several concerns about the animal care facility. Ms. Sherry Dunlap, 5825 Hopkins, expressed concern about the displacement of residents and their pets at the Agnes Street Apartments due to building code violations. Minutes - Regular Council Meeting January 25, 2005 - Page 21 Ms. Sharon Massad spoke regarding her concerns about the treatment of a mother dog and her puppies related to the displacement of the Agnes Street Apartment residents. Ms. Pamela Rhyner spoke regarding a dead animal that has not been picked up by animal control on Wood River Road since Saturday. Regarding the hours of operation for the animal care facility, Mr. Kelly asked staff to consider maximizing adoptions as one of the criteria for extending the hours. The following individuals spoke regarding public access channel and/or studio issues: Mr. Rolando Garza; Mr. Gary Porter, 902 Hancock; Mr. Jack Gordy, 4118 Bray; and Mr. Emile Bolden, 5602 Palo Verde. Mr. Garza also asked the Council to appoint pro -labor members to the Civil Service Commission. * * * * * * * * * * * * * Mayor Neal announced the executive session, which was listed on the agenda as follows: 28. Executive session under Texas Government Code Section 551.071 regarding Cause No. C- 04-94, Deborah J. Golder, et al v. City of Corpus Christi, et al, in the United States District Court for the Southern District of Texas, with possible discussion and action related thereto in open session. The Council went into executive session. * * * * * * * * * * * * * The Council returned from executive session, and Mayor Neal called for the City Manager's report. City Manager Noe stated the following items were scheduled for the February 8 Council meeting: a discussion on the RTA trolley project; second reading of the PAUG ordinances; and a number of items related to proposed incentives for several companies, including Admiral Linen and APAC. Mayor Neal called for Council concerns and reports. Mr. Colmenero reported traffic congestion problems on Gollihar and Port related to the area construction. Mr. Escobar replied the underground work along Gollihar and Ayers that was the cause of much of the congestion on Port Avenue had been completed. He said the Gollihar/Ayers project should be completed by the second week in February, barring poor weather. Mr. Colmenero also reported a recurring problem with potholes in the Roosevelt/Naples Street area. Finally, he also asked for an update on the potential reuse of the coliseum within the next three months. Mr. Noyola reported asked the police department to check for speeders on Leon Street near Gollihar Drive, especially after 5:00 p.m. In addition, he stated there was a problem with loose animals near the Linwood addition. He also asked staff to look into an alternative material for speed humps which may be less expensive. He reported a problem with potholes on 9509 Paula Street. Regarding the coliseum, he asked to include all proposals submitted for the Council's review. Finally, he announced that there would be an Neighborhood Initiative Program meeting on February Minutes - Regular Council Meeting January 25, 2005 - Page 22 3. He said he would not be able to attend, but thanked staff for their efforts and spoke in support of the program. Ms. Cooper asked if staff had initiated any marketing efforts regarding the city's selection by Intel as a digital city. City Manager Noe replied staff was awaiting marketing materials from Intel. Ms. Cooper announced that the next town hall meeting would held in Mr. Scott's district on Monday, February 7 at 6:00 p.m. at Island Presbyterian Church. Mr. Kelly spoke regarding improvements to County Road 52, saying the county judge had requested information on the percentages and amounts required from the county. City Manager Noe replied staff would provide the county judge with this information. Mr. Garrett reported he had spoken to a constituent who was concerned whether the escalators at the arena were functioning properly. City Manager Noe replied the escalators were stopped during large crowds to prevent the cause of injury. Mayor Neal asked about automated pick-up of recycling. Assistant City Manager Massey replied staff has considered automated recycling pick-up, but there budget constraints preventing their implementation now. He said at some point, the city would need to replace its current solid waste trucks, and had researched a truck with this option. In addition to new vehicles, he said the city would also need to invest in a support facility to sort the recycling. Mayor Neal commented he did not feel the city would be able to increase recycling participation unless they instituted a more user-friendly system. Assistant City Manager Massey agreed, saying the ideal situation would be to have weekly automated recyclables and trash pick-up on the same day. Mayor Neal reported a trailer had been parked on La Playa Street for one month now. City Manager Noe replied staff would investigate. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 1:21 p.m. on January 25, 2005. * * * * * * * * * * * * *