HomeMy WebLinkAboutMinutes City Council - 02/19/2002I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the
Regular Council Meeting of the City of Corpus Christi of February 19, 2002, which were approved
by the City Council on February 26, 2002.
WITNESSETH MY HAND AND SEAL, this 26th day of February 2002.
Armando Chapa
City Secretary
SEAL
i r - TM
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
February 19, 2002
1:00 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Brent Chesney
Council Members:
Javier D. Colmenero
Henry Garrett
Bill Kelly*
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
City Staff:
City Manager David R. Garcia
Deputy City Manager George Noe
City Attorney James R. Bray Jr.
City Secretary Armando Chapa
Recording Secretary Rachelle Parry
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation
was delivered by Pastor John Bradshaw, Fellowship of Oso Creek, and the Pledge of Allegiance to
the United States flag was led by Council Member Scott. City Secretary Chapa called the roll and
verified that the necessary quorum of the Council and the required charter officers were present to
conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting
of February 12, 2002. A motion was made and passed to approve the minutes as presented. *Council
Member Kelly arrived at approximately 1:03 p.m.
*************
Mayor Neal referred to Item 2 and the following board appointments were made:
Oil & Gas Advisory Committee
Sharon Johnson (Reappointed)
Charles Jacobs (Reappointed)
Ronald Ruiter
* * * * * * * *
Leadership Committee for Senior Services
Hope Franklin
Mayor Neal called for consideration of the consent agenda (Items 3-15). There were no
comments from the Council or the audience. City Secretary Chapa polled the Council for their votes
and the following were passed:
3. RESOLUTION NO. 024766
Resolution authorizing an amendment to the Fiscal Year 2001-2002 Park and Recreation
Department Fee Schedule, pursuant to Section 36-7 of the Code of Ordinances, City of
Corpus Christi by adding a single rider cart fee and golf promotional programs.
Minutes - Regular Council Meeting
February 19, 2002
Page 2
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
4. M2002-052
Motion authorizing the City Manager or his designee to allow the Department of the Army
Corps of Engineers right -of -entry for environmental assessment and response with regard to
the demolition of an out -of -use aircraft hangar at Bill Witt Park.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
5. M2002-053
Motion authorizing the City Manager or his designee to execute a contract with American
Appraisal Associates Inc. for the General Fund capital asset inventory and valuation in the
amount of $33,000; for the Proprietary Fund capital asset inventory and valuation in the
amount of $48,825; and for the purchase of the procedures manual in the amount of $1,200;
totaling $83,025.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
6. M2002-054
Motion authorizing the City Manager or his designee to enter into a contract with Texas
Municipal League Intergovernmental Risk Pool in the amount of $71,547 annual premium
($69,400.59 =3% discount for annual premium versus quarterly) for excess liability - Gas
Utility. The term of the contract will be for one year.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
7. M2002-055
Motion authorizing the City Manager or his designee to enter into a contract with McGriff,
Seibels & Williams of Texas Inc. in the amount of $120,000 annual premium for excess
liability workers' compensation insurance coverage plus an additional $7,500 annual fee for
risk assessment and an annual claims audit. The term of the contract will be for one year with
an option to renew for up to three additional 12 -month periods subject to the approval of the
insurer and the City Manager or his designee. In the event a renewal occurs, the above rate
has been guaranteed for four years.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Ti
r Tr
Minutes - Regular Council Meeting
February 19, 2002
Page 3
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
8. ORDINANCE NO. 024767
Ordinance appropriating $74,611.89 in interest earnings in Fund 3170, Computer System
1998 Capital Improvement Program Fund, Certificates of Obligation, for PeopleSoft -
Financials computer training.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
9. ORDINANCE NO. 024768
Ordinance amending the Code of Ordinances, Chapter 53, Traffic, Section 53-250, Schedule
1, One Way Streets and Alleys, Section (A-1) School Areas, by establishing a one-way traffic
pattern on the following street sections during the school hours of George Evans Elementary
and providing for penalties: northbound one-way pattern on North Alameda Street between
Caldwell Street and Comanche Street, and southbound one-way pattern on Sam Rankin
Street between Comanche Street and Caldwell Street.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
10. ORDINANCE NO. 024769
Ordinance approving $2,890 from ONAC Developers Inc. as developer's contribution for
in -lieu -of half street construction of portion of Brockhampton Street (with supporting public
utility infrastructure), as required by development of Bordeaux Place Unit 1 Subdivision; and
establishing a separate subaccount for said half street in the City interest-bearing account in
the Infrastructure Trust Fund for deposit of developer's contribution; and restricting said
monies for completion of"improvements" at time of platting and development of properties
directly adjacent to and abutting the secured "improvement" opposite Bordeaux Place Unit
1 Subdivision.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
11.a. ORDINANCE NO. 024770
Ordinance appropriating $11,554.84 in interest earnings from the Unreserved Fund Balance
in the No. 1050-820800 Law Enforcement Block Grant Fund 2000, appropriating $748.48
in interest earnings from the Unreserved Fund Balance in the No. 1050-820801 Law
Enforcement Block Grant Fund 2001, and appropriating $4,791.42 in interest earnings from
the Unreserved Fund Balance in the No. 1050-820899 Law Enforcement Block Grant Fund
r - r
Minutes - Regular Council Meeting
February 19, 2002
Page 4
1999 to purchase law enforcement equipment for the Corpus Christi Police Department.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
11.b. M2002-056
Motion approving the purchase of microwave and multiplex communications equipment
from Dailey -Wells for the total amount of $137,577.58. The award is based on sole source
and will be used by the Police Department. Funds are provided through the Local Law
Enforcement Block Grant 2000 and 2001.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
12. M2002-057
Motion approving the purchase of a computer system upgrade from SBC DataComm in
accordance with the State of Texas Cooperative Purchasing Program for the total amount of
$101,353.44. The upgraded system is for the Police Department backbone computer system
for the personal computer network. Funds are provided through the COPS MORE grant.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
13.a. RESOLUTION NO. 024771
Resolution authorizing the City Manager or his designee to execute an interlocal cooperation
agreement with the Texas Department of Public Safety Division of Emergency Management
in the amount of $14,860.80 for hazardous materials emergency preparedness planning
activities.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
13.b. ORDINANCE NO. 024772
Ordinance appropriating $14,860.80 from the Texas Department of Public Safety Division
of Emergency Management in the No. 1050 Federal/State Grants Fund for hazardous
materials emergency preparedness planning activities.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Minutes - Regular Council Meeting
February 19, 2002
Page 5
14. ORDINANCE NO. 024773
Ordinance amending the Zoning Ordinance by revising Article 12A, `B -1A" Neighborhood
Business District Regulations, by replacing masonry fence with standard screening fence
requirement and providing supplementary landscaping and site design requirements; and
Article 27, Supplementary Height, Area, and Bulk Requirements, by revising Section 27-
3.01.06 (1) Fence Requirements.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
15. ORDINANCE NO. 024774
Ordinance authorizing the City Manager or his designee to execute an industrial district
agreement, effective as of February 12, 2002, with Corpus Christi Liquid Inc. as lessee and
improvements owner, pursuant to §42.044 Texas Local Government Code and pursuant to
Ordinance No. 022360, and to file the agreement in the official records of Nueces County,
Texas.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal referred to the presentations on the day's agenda, the first of which was an
update on the Packery Channel project (Item 16). Before the presentation began, the Mayor said the
Council continues to receive criticism from some citizens about holding presentations rather than
going into a workshop session. He said it has been alleged that presentations violate the City Charter
in the manner in which they are being given. City Attorney Bray replied that it does not violate the
Charter in any way. The Council has the authority to arrange its agenda to do its business as it thinks
is most efficient. Mayor Neal said that when he became Mayor five years ago, a concern that was
raised was a lack of public trust. He said this Council and previous ones have purposefully scheduled
presentations during the formal Council meetings so they can be broadcast on public access
television for the citizens to be kept up to date on the city's progress.
Mr. Angel Escobar, Director of Engineering Services, said that in early 2000 city staff
notified the Army Corps of Engineers (COE) that the City of Corpus Christi would be the local
sponsor of the North Padre Island Storm Damage Reduction and Environmental Restoration project,
or Packery Channel as it is commonly known. In June 2000 the tax increment financing (TIF) district
was presented to the Council as a means of funding the city's portion of the project and in April 2001
the voters approved the TIF. Mr. Escobar then introduced Mr. Arthur Janecka, chief executive of the
Corps' Project Management Division, and Mr. Carl Anderson, project manager.
Using a computer presentation, Mr. Anderson said the city and the COE have been partners
r
Minutes - Regular Council Meeting
February 19, 2002
Page 6
on this project for about 18 months. He explained that the Water Resources Development Act of
1999 directed the Secretary of the Army to carry out a project for ecosystem restoration and storm
damage reduction on North Padre Island at a total estimated cost (in 1999 dollars) of $30 million,
with an estimated federal cost of $19.5 million and an estimated non-federal cost of $10.5 million,
if the Secretary determines that the work is technically sound and environmentally acceptable.
He said that in December 2000 the COE submitted a project report to the Secretary stating
that the project was technically sound (with regard to engineering) but it did not meet all of the
COE's standards for a federal project. He said they also determined that an environmental impact
statement would have to be developed, reviewed by the public and approved to verify that the project
is environmentally acceptable.
Mr. Anderson said the project has two distinct reaches. Reach 2 (the smaller of the two) goes
from the Gulf Intracoastal Waterway into the Hwy. 361 bridge and Reach 1 goes from the Hwy. 361
bridge out to the gulf through a jetty entrance channel. He said Reach 2 contains an 80 -foot channel
width and a minus eight foot total depth, while Reach 1 contains a 140 -foot channel width and a total
depth of minus 16 feet.
Mr. Anderson commented that Naismith Engineering did an excellent job of preparing the
concept for this project when Nueces County was the original sponsor. He said the alignment and
angle of the jetties remain the same, although there were some criteria changes, such as the
sedimentation model and jetty length. The current plan calls for 700 feet of land jetties and 1,430 feet
of water jetties. He added that Naismith had originally estimated a maintenance schedule of 100,000
cubic yards per year to address sedimentation, while the current plan includes a five-year
maintenance schedule (3,400 cubic yards per year) for Reach 2 and a two-year maintenance schedule
(64,750 cubic yards per year) for Reach 1.
Mr. Anderson said the current status of the project is that the design is 95% complete and the
draft environmental impact statement is undergoing an independent technical review, which should
be completed this week and forwarded to the city and public for their input. He said they are also
preparing the project cost estimate and noted that it is still within the parameters of the project's
authorization. In addition, the city is preparing an interlocal agreement with the Texas Department
of Transportation regarding the right-of-way around the Hwy. 361 bridge. Mr. Anderson also
discussed the project schedule, which is being accelerated. He said if the Assistant Secretary of the
Army (for Civil Works) approves the project, they should be able to advertise the construction
contract in mid-July 2002 and award the contract in September 2002. Mr. Anderson pointed out that
the project is contingent upon approval of the funding by Congress, which he explained.
Mayor Neal thanked the COE and city staff for working together on this project, which he
said he is a huge issue for this community. He also thanked Naismith Engineering, which designed
the original concept.
Council Member Kinnison asked what is the TIF's role in this project. City Manager Garcia
explained that the TIF district was established to provide the local match for the project. He said the
Tfr
Minutes - Regular Council Meeting
February 19, 2002
Page 7
Council informed the public that no city funds would be used to finance it. He said the bond debt
will be paid from the appreciation in value of the commercial properties located within the TIF
boundaries (single-family residential properties were excluded). He noted that the Packery Channel
project is just one (albeit a major one) of the development projects planned on North Padre Island.
Mr. Kinnison said the bond counsel and TIF board should be brought up to date on the
schedule. Responding to another question from Mr. Kinnison, Mr. Anderson said when the city signs
the project cooperative agreement, it is agreeing to the $10.5 million local match. Mr. Garcia said
staff will provide a detailed presentation on that issue.
Council Member Longoria asked if the city would have to certify funds for this project. Mr.
Garcia replied that this will not be a city construction project. It will be handled through the COE
and the city will basically be the financial partner. Mr. Longoria said it is important to explain to the
public the details about the project's financing in order to maintain the public's trust. Mr. Garcia
pointed out that the TIF district is very large and North Padre Island has been one of the fastest
appreciating areas of real estate over the last 10 years. He said they will also have the ability to insure
the bonds (which is another level of security) without having to pledge the city's credit.
Council Member Scott said Mr. Anderson's presentation is an affirmation of the proposal
the city submitted to the COE, based on Naismith Engineering's concept. He said he was encouraged
to see that according to the COE's plan, the required dredging will be much less frequent than
originally anticipated. He also commended city staff for coordinating their efforts with the COE.
Responding to Council Member Garrett, Mr. Anderson said the jetties out into the water are
planned to be 1,430 feet with 700 feet of land jetties, for a total of 2,130 feet. Mr. Garcia pointed out
that a trust fund will be set up to permanently fund the dredging operations. Council Member
Colmenero commented on the difficulties that other cities are experiencing with regard to decreased
sales tax revenues. Mr. Garcia reiterated that the Packery Channel financing is based on an
appreciation of property values within the TIF boundaries.
Mayor Neal recessed the regular meeting for the following: reading of proclamations,
swearing in of the newly appointed board and committee members, and swearing in of two new
Municipal Court judges, Missy Medary and Jeanette Cantu -Bazar.
Upon reconvening, Mayor Neal referred to the second presentation (Item 17), status of
Corpus Christi parks. Mr. Tony Cisneros, Director of Park and Recreation, explained that the city
has 171 developed and 20 undeveloped park sites, which stretch from Labonte Park on the far
northwest to Gypsy Park on Padre Island (a travel distance of 52 miles). He said parks are acquired
in a variety of ways: private donation (Guth parks), parkland dedication (Falcon Park), federal
donation (Bill Witt Park), state lease (Corpus Christi Beach), and city purchase (Ocean View Park).
Mr. Cisneros said the different types of parks are historical parks (such as Artesian Park),
Minutes - Regular Council Meeting
February 19, 2002
Page 8
athletic complex parks (Price Park), open space parks (Oso Creek Park), pocket parks (South Fork
Park), neighborhood parks (Sgt. Prieto Park), and community parks (West Guth Park). Park
development is accomplished through such programs as bonds, grants, private development, adopt -a -
park, emergency repairs, and vandalism repairs.
Mr. Cisneros also discussed park maintenance. He said the city is divided into three
operations --District I (downtown) and Districts II and III (the rest of the city). The maintenance is
performed by building and grounds crews, mow and trim crews, irrigation crews, construction crew,
community volunteers, court-appointed service volunteers, and by people involved with youth and
adult athletic organizations which have park leases. Park maintenance intervals vary depending on
the type of park: A- high -visibility and public use, one week to 10 days; B - medium -visibility and
regular use, 20 to 30 days; C - low -visibility and minimal use, 30 to 45 days; and R - restrooms and
trash pick-up, daily to twice per week.
Another element of the parks presentation was the park improvements program. Mr. Cisneros
said the program consists of the sale and disposal of surplus park land; outsourcing of mowing
operations of non -park right-of-way; outsourcing of the grounds maintenance of the island parks and
Park Road 22; the implementation of private and public partnerships; Community Development
Block Grants; state and federal grants; Bond 2000 projects; future bond program projects; park
operations study; and the park system master plan. Mr. Cisneros said the park system master plan
includes an inventory of existing park sites and facilities; a needs assessment via a telephone survey;
public hearings for citizen input; development of park concepts and standards; and final analysis and
recommendations. He also discussed the master plan's time line, with adoption in summer 2002.
Mr. Cisneros and Mr. Garcia then responded to several questions and comments from the
Council members. The issues addressed included development of a "Friends of the Park" program,
capital needs for park structures, irrigation, and amenities; questions about specific parks, such as
Lamar Park, Labonte Park, Gypsy Park, Corpus Christi Beach, and Riverside Park; maintenance of
athletic fields and the responsibility of the athletic leagues; and protection and improvement of
downtown parks, in particular Cole Park, the city's "signature" park.
* * * * * * * * * * * * *
Mayor Neal referred to Item 18, and a motion was made, seconded and passed to open the
public hearing on the proposed street name change of Bush Avenue to "Friendship Drive" between
West Point Road and South Padre Island Drive. Mr. David Seiler, Traffic Engineer, said that
Friendship Baptist Church, the applicant, is the only building located on that portion of Bush
Avenue. He said there is a section of Bush Avenue that runs south of SPID and intersects with Holly
Road; however, Bush Avenue is not a continuous street and those two sections are separate from
each other. Mr. Seiler added that this name change application was received in the City Secretary's
Office in September 2001 prior to the Council's approved changes on the street name change
ordinance. He said there is no known opposition to the request.
Rev. Kevin Pullam, Pastor of Friendship Baptist Church, explained that the congregation
Minutes - Regular Council Meeting
February 19, 2002
Page 9
intends to redevelop the area around the church to offer programs and assistance to the community.
He described the congregation's mission and he said that changing the name of the street is a visual
way of promoting their intentions. Mr. Garrett made a motion to close the public hearing, seconded
by Mr. Noyola, and passed. Mr. Chapa polled the Council for their votes as follows:
18.b. FIRST READING ORDINANCE
Ordinance changing the name of Bush Avenue to Friendship Drive between West Point Road
and South Padre Island Drive.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal referred to Item 19, and a motion was made, seconded and passed to open the
first of two City Council public hearings on the city's proposed 2002 annexation program --five
parcels of land containing 519.32 acres. Mr. Michael Gunning, Planning Director, described the
characteristics of the parcels as follows:
Jones, Walter and Texas General Land Office beach frontages: Publicly and privately owned lands
comprising approximately 44.16 acres and 9,618 feet of Gulf Beach frontage, from the south -most
property line of Padre Balli County Park to a point 500 feet south of the south -most property line of
the Lawrence Jones property. The width of the strip extends westward from the City limit line on
the Gulf of Mexico shoreline, being the 1.37 -foot line above mean sea level based on United States
Geological Survey and Geodetic Survey datum of 1929, to a point along the vegetation line
approximately 200 feet west of and generally parallel to the 1.37 foot line above mean sea level Gulf
of Mexico shoreline.
Padre Balli Park: Nueces County Park No. 1 (Padre Balli Park) comprising approximately 194.92
acres and 6,324 feet of Gulf Beach frontage.
Packery Channel Park: Publicly and privately owned lands comprising approximately 50.01 acres
and including Nueces County Park No. 2 (Packery Channel Park).
Nueces County land south of Mustang Island State Park: Publicly owned (Nueces County) tract of
land comprising 221.00 acres and 4,211 feet of Gulf Beach frontage generally surrounded by the
existing city limits and out of the William Bryan Survey 606, between the east right-of-way line of
State Highway 361 and the existing city limit line along the Gulf of Mexico shoreline, being the 1.37
foot line above mean sea level based on United States Geological Survey and Geodetic Survey datum
of 1929.
Beach -front property north of Zahn Road: Privately owned tract of land comprising approximately
9.23 acres and 2,009.79 feet of Gulf Beach frontage abutting the city limits on the Gulf of Mexico
11 1
Minutes - Regular Council Meeting
February 19, 2002
Page 10
shoreline, being the 1.37 -foot line above mean sea level based on United States Geological Survey
and Geodetic Survey datum of 1929 and extending approximately 200 feet westward and between
county -owned land and state -leased land at J.P. Luby Surf Park.
Mr. Gunning said if the Council approves this annexation, it will substantially complete the
annexation of all of Mustang and Padre islands between the Port Aransas city limits and the state-
owned land to the south. The general service plan summary for the five annexation areas states, "City
services will be provided at a level that is comparable to the level of services, infrastructure, and
infrastructure maintenance available in other parts of the municipality with topography, land use, and
population density similar to those reasonably contemplated or projected in the areas. The level of
city services provided will not be at a level lower than existed prior to annexation."
With regard to other services, Mr. Gunning said that immediately upon annexation, the city
will provide police and fire protection and emergency medical services to each area. Fire Station 15
at 14402 Commodore Drive will provide the first response. He said there are no existing residential
uses in the five areas and any future residential uses will be provided solid waste services, while
businesses will receive solid waste services on a subscription basis. Mr. Gunning said the only roads
in those areas are park roads that are owned and operated by the county. Until the roads are dedicated
by the county and accepted by the city, they will continue to be maintained by the county.
The Planning Director said that the gulf beach frontage at Padre Balli Park and the county -
owned land south of Mustang Island State Park will continue to be maintained by the county per state
statute. At this time, no capital improvements are necessary to provide city services. He also
reviewed the annexation calendar. If approved, the effective date of the annexation is April 10, 2002.
Responding to Mayor Neal, City Attorney Bray said that Nueces County could delegate dune
protection to Corpus Christi but it has not done so, although it has delegated that responsibility to
Port Aransas. He said there was legislation to amend that during the last session but it failed.
However, Kleberg County has delegated that responsibility to Corpus Christi for dunes in that
county. Mr. Gunning said developers would have to receive beach -front construction certificates
from Corpus Christi for land within the city limits but Nueces County --not the city --would have to
issue a permit for construction in the dunes.
Mayor Neal also asked about the Jones tract. Mr. Tom Utter said that tract is located on a
barrier island in the COBRA area, to which the federal government does not provide assistance. He
said Corpus Christi has pledged to work with Mr. Jones to try to change that designation. There were
no comments from the audience. Mr. Scott made a motion to close the public hearing, seconded by
Mr. Longoria, and passed.
* * * * * * * * * * * *
*
Mayor Neal recessed the regular meeting for the meeting of the Corpus Christi Community
Improvement Corporation.
Minutes - Regular Council Meeting
February 19, 2002
Page 11
Upon reconvening, Mayor Neal opened discussion on Item 21, beach parking permit system.
City Manager Garcia explained that the General Land Office (GLO) has been anxious to put into
place a consistent beach parking permit program to avoid confusion by beach -goers. A meeting was
held with officials from the GLO, Nueces County, Port Aransas and Corpus Christi to discuss the
issue. An agreement was reached with Port Aransas in which Corpus Christi agreed to charge $6 for
an annual beach parking permit that will be reciprocal in both cities. He said city staff asked Nueces
County to also participate but they have not yet received word from the county about it.
Mr. Utter said that staff distributed to the Council a three -word amendment to Item 21.d. (in
the body of the ordinance). Mr. Utter said staff determined that a $6 annual fee produces
approximately the same income as a $10 annual and $5 monthly fee (the amounts currently charged
by Nueces County). He said there will not be a shortfall in this year's budget because staff did not
budget revenue from a beach parking fee. Mr. Utter also briefly described the specific actions of
Items 21.a. -e. Mr. Garcia said staff had proposed that the funds from the $6 annual fee be divided
up based on the amount of linear footage of beach that each entity maintained. He said Port Aransas
will be held harmless for the first year because their amount of linear footage does not change. Mr.
Utter added that the Nueces County Commissioners Court is scheduled to consider the city's
proposal at their meeting this week.
Responding to Mayor Neal, Mr. Utter said that if the annexation previously discussed is
approved, there will be three beach sections for which Nueces County will sell the parking permits:
Padre Balli Park; by the wildlife area south of the state park; and a small area in Port Aransas. He
said state law also requires there be "free" beach areas (which are indicated on the maps) where a
parking fee cannot be charged.
In reply to another question from the Mayor, Mr. Garcia said he met with Nueces County
Judge Richard Borchard about the city's proposal. He said Judge Borchard expressed concern that
it would result in a reduction in the county's revenues. Mr. Garcia said that a reduction would occur
because the amount of beach area having to be maintained by the county was changing from eight
miles to just over one mile. He reiterated that the city is proposing to allocate the revenues based
upon the amount of beach area cleaned by each entity. He said it is important to have one fee charged
to the beach -goers rather than multiple fees. In response to Council Member Scott, Mr. Utter said
there are 28.77 total miles of beach under this proposal. Mr. Scott agreed that there needs to be one
price for all the parking areas.
Mr. Colmenero made a motion to amend Item 21.d. as recommended by staff, seconded by
Mr. Scott, and passed. There were no comments from the audience. City Secretary Chapa polled the
Council for their votes as follows:
21.a. RESOLUTION NO. 024775
Resolution authorizing the City Manager or his designee to execute an interlocal cooperation
agreement with the City of Port Aransas and Nueces County relating to the Mustang and
North Padre islands beach parking permit system.
�T
Minutes - Regular Council Meeting
February 19, 2002
Page 12
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
21.b. RESOLUTION NO. 024776
Resolution directing the City Manager or his designee to terminate the interlocal cooperation
agreement with Nueces County dated June 1, 1993, relating to beach cleaning.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
21.c. ORDINANCE NO. 024777
Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront
Management and Construction, regarding exempt pipelines, the application process, state
agency review, terms of permits and certificates, mitigation measures, application fees,
requirements in eroding areas and beach access roads, Packery Channel access improvements
and penalties; providing for penalties.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
21.d. ORDINANCE NO. 024778
Ordinance amending Ordinance No. 022164, which adopted the City of Corpus Christi Texas
Dune Protection and Beach Access Regulations, by updating and revising Appendices I,
Industrial Uses Permitted/Not Permitted; IV, Flow Chart of Application Process for Master
Planned Developments; V, Flow Chart for Application Process for Dune Protection Permit
or Beachfront Construction Certificate; VI, Designation of Access Ways, Parking Areas, and
Beaches Closed to Motor Vehicles; VII, Designated Beach Fee Areas; VIII, Interlocal
Agreement for Beach Maintenance with Nueces County; XI, 31 TAC §§ 15.1-15.10 (Coastal
Area Planning); XII, Dune Protection Act, V.T.C.A., Natural Resources Code §61.001 et
seq.; XIII, Open Beaches Act, V.T.C.A., Natural Resources Code § 63.001 et seq.; XIV,
Founding Policies; and adding Appendix XV, Packery Channel Design Concept and
Appendix XVI, Packery Channel Public and Environmental Facilities; providing for an
effective date; providing for penalties.
An emergency was declared and the foregoing ordinance passed as amended: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
21.e. ORDINANCE NO. 024779
Ordinance amending Ordinance No. 024734 relating to the cost of beach parking permits;
providing for penalties; providing for an effective date.
Minutes - Regular Council Meeting
February 19, 2002
Page 13
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 22, Buccaneer Commission agreement. There were
no comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
22. FIRST READING ORDINANCE
Ordinance authorizing the City Manager or his designee to execute Amendment No. 2 to the
lease agreement between the Buccaneer Commission and the City of Corpus Christi,
authorized by Ordinance No. 023917 on January 18, 2000, to adjust the amount payable for
police services, add a late payment fee and clarify procedures for resolving disputed claims.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett abstaining.
City Manager Garcia said staff was withdrawing Item 23 for at least one week.
23. WITHDRAWN
M. tion a„Lho..z,ng tl.e C.ty Ma..ag.,1 e1 l.1s dcs.g,nce to e.dc...ilo a tl,...,-y.,a. 1. a3., with
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 24, EMS accounts receivable collections. City
Manager Garcia explained that historically EMS bills are difficult to collect because the city deals
with a large number of indigents in this capacity.
Fire ChiefJ.J. Adame said the Fire Department's EMS division is an enterprise fund and its
ability to bill and collect for ambulance services is very significant. Currently, approximately $5
million is billed for services with a collection rate of about 60% or $3 million. He said a committee
consisting of staff from the Fire, Legal and Purchasing departments reviewed the two proposals
submitted and interviewed representatives from both companies using a specific set of questions. He
said staff was careful to bring to the Council a recommendation that would offer the greatest benefit
to the city. Mayor Neal called for public comment.
Ms. Lisa Dosamantes, assistant to the CEO of Recover -Med, referred to a packet of
information she had distributed to the Council members regarding their proposal. Ms. Dosamantes
r
Minutes - Regular Council Meeting
February 19, 2002
Page 14
said the agenda memorandum stated that Recover -Med did not comply with the request for proposals
(RFP) in certain areas, such as the number of full-time and part-time employees and the availability
of legal advice. However, she said, that information was included in her company's proposal and it
was addressed during the interview with city staff. She said her company was also providing to the
Council copies of the interview notes and current letters of reference. She said the agenda memo
mistakenly stated that the annual call volume in Spearman, Texas, is 2,400, while a letter from the
Spearman EMS director states that the call volume is 270 to 300 calls per year.
Ms. Dosamantes asked the Council to look into what she said was misinformation in the
agenda about their company. She said their proposal is almost $50,000 per year less than the
recommended company's proposal. She said Recover-Med's largest client is twice the size of the
City of Corpus Christi and they gave her company an "A" rating.
Mr. John Murray, EMS Director, said most of Ms. Dosamantes' comments are addressed in
the RFP. He said to start the process, staff developed a very comprehensive RFP and structured the
interview specifically to obtain additional information that was not necessarily provided in the
proposals. He said he attempted to interview all of the people who were listed in Recover-Med's list
of references.
Council Member Kelly said that in reviewing the agenda packet, he had the impression that
staff is convinced the city is receiving a better product from the current provider, Texas Medical Data
Systems (TMDS). Mr. Murray replied that staff's recommendation is based on the matrix that was
developed, which consisted of the following criteria: completeness of the response, 10 points;
experience of the personnel, 15 points; proven ability to perform, 30 points; procedures used in
collections, 20 points; and cost, 25 points, for a total of 100 points. He said each of the three panel
members completed the matrix individually and the results were then averaged (TMDS received 90
points and Recover -Med received 69 points).
Mr. Kelly said the criterion "proven ability to perform" had the largest disparity between the
two companies. Mr. Murray agreed, saying it was weighted heavily on the interviews with companies
whose names were provided by the two proposers. He said Corpus Christi has a very strong
collection rate as a result of TMDS's efforts and their other clients are experiencing similarly good
results. He said staff feels very confident that TMDS can continue to generate a collection rate of
60%. He noted that a I% change in the rate amounts to a $50,000 decrease in revenues. Mr. Garcia
said the average national collection rate on EMS bills is 50% or lower.
Mr. Kelly asked if staff knows the collection rates that Recover -Med is getting for their
current clients. Mr. Murray said that within the interview process staff was told some clients had
recovery rates of 25%. He said there were also comments about the difficulties some clients were
having with the appeals process. He said TMDS rarely asks Corpus Christi staff for additional
information to process an appeal.
Responding to Council Member Colmenero, Mr. Murray said that Recover-Med's fee
structure is approximately $4,000 less per month than TMDS's, for an annual total of about $48,000.
-err--.
Minutes - Regular Council Meeting
February 19, 2002
Page 15
Mr. Colmenero asked about the software being used for Corpus Christi and Mr. Murray said it is a
proprietary software that TMDS developed. He said TMDS also participates in the Texas Health
Information Network and other programs which allow them to bill directly into Blue Cross/Blue
Shield and Medicare. He said the proposed contract will require TMDS to accept electronic data
generated by the city in lieu of paper work.
Mr. Colmenero asked why there was a disparity between the information in the agenda packet
and that distributed by Ms. Dosamantes. Mr. Murray replied that the agenda memo is based upon
the initial review and not upon what staff was able to identify during the interviews. He said he
thinks TMDS has been contracted by the City of Corpus Christi since 1987. In reply to other
questions from Mr. Colmenero, Mr. Murray explained the difference between what is billed and
what is collectable. He said the adjusted rate takes into consideration Medicare and Medicaid
allowables, while the unadjusted rate does not. He said TMDS' adjusted rate is about 70% or higher.
Mr. Garcia added that there are other jurisdictions from which the city is unable to collect.
Mr. Colmenero asked if staff felt the costlier option was better. Mr. Garcia replied that it is
a matter of risk. He said TMDS has demonstrated a superior collection rate and does not require
much intervention by staff with appeals. He said the alternative would be a new provider which has
been in business in Corpus Christi for about two years and has a much smaller client base. He said
as is the case with many new businesses, Recover -Med has struggled with some of their customers,
who have experienced substantial declines in their revenues. He said that is not to say that Recover -
Med is a bad company but rather that they are growing and they have customers who speak very
highly of them. He said the question is whether it is worth the risk for the city. He noted that a 1%
change in the collection rate would more than wipe out any potential savings from a lower rate.
Council Member Chesney pointed out that this is not a bid but a request for proposals, which
allows more flexibility. Mr. Bray agreed, saying this is a professional services RFP and the city has
maximum discretion with it. He said this kind of service is not covered by any particular statute. He
said staff used criteria to rate the companies and one came out much higher than the other. Mr.
Murray said the panel consisted of himself, Mr. Mike Barrera (Procurement & General Services
Manager) and Ms. J.C. Greenwood (Assistant City Attorney representing the Fire Department and
EMS). Mr. Garcia explained that selection panels vary depending on the contracts.
Mr. Chesney asked if staff knows what are Recover-Med's collection rates. Mr. Murray
reiterated that staff relied on each company to furnish their references and staff, in turn, called those
references using a structured questionnaire for both. He said for some reason a number of the
references provided by Recover -Med could not cite their total billables for the year. Of the references
who were able to, staff recorded their comments exactly as they were voiced. The reference provided
by Recover -Med for the City of Mathis said their collections had dropped from approximately
$22,000 per month to $8,000 per month after contracting with them in November 2000.
Mr. Kelly asked if staff obtained any documentation of Recover -Med' s recovery levels other
than what they were told during the interviews. Mr. Murray responded that they did not. Mr. Kelly
said that according to the notes provided by Ms. Dosamantes during the interview with the selection
Minutes - Regular Council Meeting
February 19, 2002
Page 16
panel, the company had collection rates of 57% for El Paso and 80% for Spearman. Mr. Murray said
staff was not able to substantiate those quoted rates.
Mr. Kelly asked Ms. Dosamantes about her notes and she replied that representatives of
Recover -Med informed the panel that they had an 87% recovery rate for the City of Mathis. Mr.
Murray said they were told by an employee in Mathis that the rate was 25%. Ms. Dosamantes said
when her company took over the account, there was a huge amount of uncollected accounts. She said
the 87% figure represents what can be collected for what can be billed. Mr. Murray said that is
different from what he is referring to when discussing adjusted and unadjusted rates.
Responding to another question from Mr. Kelly, Ms. Dosamantes said Recover -Med can
definitely match TMDS's 60% collection rate, if not go higher. She said they currently have a
contract in which they collect approximately $500,000 every month, which would be only six
months of work for the City of Corpus Christi. Mr. Kelly asked if there was anything in Ms.
Dosamantes' information or the agenda packet that documents Ms. Dosamantes' statements. She
said it would be on their customers' invoices. She added that Med-Care EMS in McAllen, Texas,
indicated that their total annual billables are about $8.5 million.
Mr. Kelly said TMDS is a proven commodity and he would like Recover -Med to provide
documentation indicating they will do at least as good a job as TMDS. He said based on his cursory
review of Ms. Dosamantes' information, the letters of recommendation are not very specific. Ms.
Dosamantes said the best information she can provide is their clients' invoices and, if needed, she
will ask them for it. She added that the City of Corpus Christi could use Recover-Med's services for
a few months on a trial basis. Mr. Garcia said they probably have the discretion to do that but staff
would not recommend it.
In reply to Mr. Kelly, Mr. Garcia said staff designed the RFP very specifically to allow for
an equal comparison of proposals in a clear, concise manner. Mr. Murray added that Recover-Med's
proposal was lacking in responsiveness to the information requested in the RFP. He said that while
he believes Recover -Med will be a very good EMS billing/collection company, he does not think that
in the short term they will come up to TMDS's standard.
Mr. Kelly made a motion to table Item 24 for two weeks to allow both companies to provide
additional information about their gross recovery percentages; seconded by Mr. Colmenero. City
Secretary Chapa stated that Council Member Noyola filed a disclosure affidavit and would be
abstaining from voting on this issue. The motion to table failed by the following vote: Colmenero
and Kelly voting "Aye"; Neal, Chesney, Garrett, Kinnison, Longoria, and Scott voting "No"; Noyola
abstaining.
Mayor Neal pointed out that the city's budget contains a cost for EMS services of $5.6
million, of which they hope to recover over $3 million. He said this is a costly but good service to
the taxpayers. Mr. Kinnison asked if both of the contracts have a bonus clause based upon
collections. Mr. Murray said they have exactly the same bonus clauses. Mr. Chapa polled the Council
for their votes as follows:
1
Minutes - Regular Council Meeting
February 19, 2002
Page 17
24. M2002-058
Motion authorizing the City Manager or his designee to execute an agreement with Texas
Medical Data Systems to provide accounts receivable management and delinquent
collections service for the EMS Division of the Corpus Christi Fire Department in the
amount of $163,800 per year. The term of the agreement is for two years with an option to
extend for up to four additional twelve-month terms.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining.
* * * * * * * * * * * * *
Mayor Neal called for the City Manager's report. Mr. Garcia said the City Manager's weekly
report (dated February 15, 2002) has several responses to questions previously raised by Council
members. He said there have also been reports in the media about mold at Fire Station 15 on Padre
Island, which has been addressed. He said he organized a mold task force consisting of several
employees to ensure that all the information the administration receives on mold is expeditiously
forwarded to the employees.
The City Manager said the next Council meeting is February 26th and includes a noon
meeting with the Corpus Christi Regional Economic Development Corporation. There will also be
a Council meeting on March 5th but no meeting on March 12th since some Council members will
be attending the National League of Cities Congressional City Conference in Washington, D.C. He
added that the Council retreat is scheduled for Friday, March 15th.
In his report, Mayor Neal referred to a memo in the City Manager's packet regarding the
MetroCom Center. He asked about the outstanding balance of $369,642.62. Assistant City Manager
Jorge Cruz-Aedo said that balance covers the period from the inception of MetroCom through
January 30, 2002. The Mayor asked what is the monthly cost to operate MetroCom and Mr. Garcia
said staff will provide that exact information. He said Nueces County's portion is approximately
$40,000 per month and they are supposed to pay interest on unpaid balances. Mr. Cruz-Aedo said
the objective is to bill the county on a monthly basis for MetroCom. He added that the funds are
currently coming out of the Police Department's salary budget.
The Mayor said if the county does not reimburse the Police Department for those expenses,
the Police Department's budget will be out of balance. Mr. Garcia said this cannot be allowed to
continue unresolved. He said the city entered into an agreement with the county in good faith and
one of the key elements was the reimbursement aspect. Responding to Mr. Garrett, Mr. Garcia said
he believes the agreement is structured so that either party can withdraw at any time. He said if the
city withdrew, it would not affect the city's emergency response capabilities but it would affect the
county. Mr. Garrett said he thought that was unacceptable. The Mayor called for Council concerns.
Responding to Mr. Noyola, Assistant City Manager Ron Massey said that under Solid Waste
Minutes - Regular Council Meeting
February 19, 2002
Page 18
Services' automated pick-up program, all debris has to be in the 96 -gallon container for it to be
picked up by the vehicle. He said residents can take household waste to the landfill free of charge
during the landfill's operating hours. He said if a resident continues to have a problem fitting all his
trash in one container, he should consider getting a second container.
Mr. Longoria said there continues to be a long processing time for emergency grants. He said
assistance may be obtained through the CDBG program. He requested a list of the contractors doing
emergency work and those doing repair work. Mr. Longoria also asked what is the waiting period
to process such requests. He questioned what will happen when the funds run out and he suggested
that a group of stakeholders be formed to address this issue. Mr. Colmenero said that citizens are
reluctant to participate in the program due to the amount of red tape involved.
Mr. Garrett referred to a memo from the Police Chief in the City Manager's packet regarding
video imaging system issues with Nueces County. He said that according to the Chief, meetings were
held with city and county officials, and in December 2000 a video imaging system was purchased
by the city for $85,765. Three additional meetings were held until the Sheriff's appointees stopped
attending the meetings. It was later learned that the Sheriff had purchased another system that is not
compatible with the city's system. The Chief stated in his memo that the Sheriff unofficially gave
as his reason a concern about control of his records. Mr. Garrett said that situation is preventing
police officers on the street from getting the information they need to solve crimes. He questioned
how long the city has to negotiate with the county about this, saying it is unacceptable.
Mr. Scott said he thought the Council should invite the Sheriff to discuss this issue. He also
said he wanted to thank Shiner -Moseley for their work on the Packery Channel project and he noted
that the Friends of the Museum are helping to subsidize some of the Columbus ships' marketing
efforts. He also thanked Mr. Cisneros for expediting the Gypsy Park effort and he asked staff to
investigate some subsidence issues at Louisiana Parkway and Alameda Street. He said he also agrees
with a letter to the editor about the possibility of lighting the Orion's Belt sculpture on Shoreline
Boulevard. Mr. Scott also expressed his condolences to the family of Jimmy Lontos, retired city
engineer.
Mr. Scott suggested that the city work with the RTA about TEA -21 reauthorization and he
asked about possible transportation linkages between Corpus Christi and Laredo. Mayor Neal replied
that there is an initiative in the Trans -Texas Corridor that calls for establishing a separate entity
known as the Regional Mobility Authority. He said State Representative Vilma Luna and others are
working on that issue. Mr. Scott said the state initiatives do not include funding for relief routes
around certain cities.
Mr. Colmenero said that most of the sidewalks on the south side of the Morgan/Brownlee
intersection are cracked. He asked that that area be considered for a future bond project. Mr. Chesney
asked about follow-ups to citizens' inquiries made during the January 31st town hall meeting. Mr.
Garcia said staff is working on providing a comprehensive list of responses. Mayor Neal called for
petitions from the audience and there were none. There being no further business to come before the
Council, Mayor Neal adjourned the Council meeting at 5:53 p.m. on February 19, 2002.