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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.