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HomeMy WebLinkAboutMinutes City Council - 01/20/2004I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Christi City Council of January 20, 2004, which were approved by the City Council on January 27, 2004. WITNESSETH MY HAND AND SEAL, this the 27th day of January 2004. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 20, 2004 - 9:00 a.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Mark Scott (Arrived at 9:18 a.m.) Council Members: Brent Chesney (Arrived at 9:10 a.m.) Javier D. Colmenero (Arrived at 9:10 a.m.) Melody Cooper (Arrived at 9:01 a.m.) Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Michael Groves of Southside Community Church and the Pledge of Allegiance to the United States flag was led by Council Member Noyola. 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 January 13, 2004. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * ** Mayor Neal referred to Item 2 and the following board appointment was made: Community Youth Development (78415) Program Steering Committee Alfred J. Cardona (Appointed) * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 3-15). City Secretary Chapa announced that Council Member Noyola would be abstaining from the vote and discussion on Item 14. Council members requested that Items 6 and 9 be discussed. There were no comments from the audience. A motion was made and passed to approve Items 3 through 15, constituting the consent agenda, except for Items 6 and 9, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting January 20, 2004 - Page 2 3. MOTION NO. 2004-019 Motion approving the purchase of fifteen (15) vehicles from the Houston -Galveston Area Council of Government (HGAC) for the amount of $203,851.30. The award is based on the cooperative purchasing agreement with HGAC. These vehicles will be used by the Police and Fire Departments. Funds are available from the FY 2003-2004 Fire Department Stations Operating Budget and the 2003 Law Enforcement Block Grant. These items will be replacements to the fleet. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney, Colmenero and Scott were absent. 4.a. RESOLUTION NO. 025622 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $16,920 from the Texas Department of Public Safety for Hazardous Materials Emergency Preparedness Planning Activities. The foregoing resolution was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney, Colmenero and Scott were absent. 4.b. ORDINANCE NO. 025623 Ordinance appropriating $16,920 from the State of Texas Department of Public Safety in the No. 1062 Fire Grants Fund for Hazardous Materials Emergency Preparedness Planning Activities. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney, Colmenero and Scott were absent. 5. ORDINANCE NO. 025624 Ordinance appropriating $20,746.50 in training revenues received from Del Mar College into the General Fund for Fire Department for the purchase of a vehicle; and amending the FY 2003-2004 Operating Budget adopted by Ordinance No. 025394 by increasing estimated revenues and appropriations by $20,746.50. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney, Colmenero and Scott were absent. Minutes - Regular Council Meeting January 20, 2004 - Page 3 7. MOTION NO. 2004-022 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the contract for architectural services with Dykema Architects, Inc., of Corpus Christi, Texas for the Central Library Children's Area Project in the amount of $8,000 for a re -stated total not to exceed the fee of $32,000. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney, Colmenero and Scott were absent. 8. MOTION NO. 2004-023 Motion authorizing the City Manager or his designee increase the escrow with the Texas Department of Transportation in the amount of $27,973.01 for the bridge rehabilitation on the Cayo Del Oso Bridge on Ocean Drive (closest to Naval Air Station) in compliance with the Advanced Funding Agreement. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney, Colmenero and Scott were absent. 10.a. MOTION NO. 2004-025 Motion approving the reimbursement application for $10,275 submitted by the Nueces County Emergency Services District No. 1, owner and developer of C. C. Hart Partition, Lot 3, Share 3, for the installation of 210 linear feet of an offsite 8 -inch PVC sanitary sewer collection line. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney, Colmenero and Scott were absent. 10.b. ORDINANCE NO. 025625 Ordinance appropriating $10,275 from the Sanitary Sewer Collection Line Trust Fund No. 4220 to pay the Nueces County Emergency Services District No. 1's reimbursement request for the installation of 210 linear feet of an offsite 8 -inch PVC sanitary sewer collection line to develop C.C. Hart Partition, Lot 3, Share 3. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney, Colmenero and Scott were absent. Minutes - Regular Council Meeting January 20, 2004 - Page 4 11.a. MOTION NO. 2004-026 Motion approving the Deferment Agreement between the City of Corpus Christi and Davis Net Lease No. 1, L.P., developer of future Lot 1A, Block 4, Nueces River Irrigation Park in the amount of $7,527.68 cash for the future construction improvements including curbs, gutters and sidewalks along County Road 50, in accordance with the Platting Ordinance. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney, Colmenero and Scott were absent. 11.b. MOTION NO. 2004-027 Motion approving the Deferment Agreement between the City of Corpus Christi and Davis Net Lease No. 1, L.P., developer of future Lot 1A, Block 4, Nueces River Irrigation Park, in the amount of $24,364.23 for the future improvements including construction of street, curbs, gutters, sidewalks, storm water sewer and water lines along County Road 50, in accordance with the Platting Ordinance. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney, Colmenero and Scott were absent. 12.a. MOTION NO. 2004-028 Motion approving the SPA 30 Sanitary Sewer Gravity Trunk Main Extension, Lift Station and Force Main Reimbursement Agreement submitted by Yorktown Oso Joint Venture, for the construction and installation of approximately 8,000 linear feet of 18 to 27 -inch gravity sanitary sewer, about 2,500 linear feet of 8 -inch force main, a lift station and appurtenances, located in the south side of Corpus Christi, mainly along the Airline Road street right-of- way. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney, Colmenero and Scott were absent. Minutes - Regular Council Meeting January 20, 2004 - Page 5 12.b. ORDINANCE NO. 025626 Ordinance appropriating $2,108,755 from the Sanitary Sewer Trunk System Trust Fund No. 4220 to pay Yorktown Oso Joint Venture, for the installation of approximately 8,000 linear feet of 18 to 27 -inch gravity sanitary sewer line, about 2,500 linear feet of 8 -inch force main line, a lift station and appurtenances, as specified in Sanitary Sewer Construction and reimbursement agreement located in the south side of Corpus Christi, mainly along the Airline Road street right-of-way. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney, Colmenero and Scott were absent. 13. ORDINANCE NO. 025627 Amending the Code of Ordinances Section 53-254, Schedule V, Increase of State Speed Limit in Certain Zones, by revising the speed limits on the following street section, and providing for penalties. (First Reading 01/13/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney, Colmenero and Scott were absent. 14. ORDINANCE NO. 025628 Amending the Code of Ordinances, City ofCorpus Christi, Chapter 9, Aviation, Section 9-54 to change the landing fee and the definition of commercial aircraft. (First Reading 01/13/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Cooper, Garrett, Kelly, and Kinnison, voting "Aye"; Chesney, Colmenero and Scott were absent; Noyola abstained. 15. ORDINANCE NO. 025629 Authorizing the City Manager or his designee to execute a five-year lease with Tejas Bowmen Archery Club to construct, maintain, and operate an archery range; and providing for termination upon 30 days notice by either party. (First Reading 12/09/03) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney, Colmenero and Scott were absent. Mayor Neal opened discussion on Item 6 regarding the replacement of an electronic software system in the Police Department. Mayor Neal asked for more information on this item. Mr. Ogilvie Gericke, Director of Municipal Information Systems, explained that staff was recommending the purchase of a Storage Area Network (SAN) and the updating of the cable in the Police Department building to lay the groundwork for replacement of the Phoenix software system used by the Police Minutes - Regular Council Meeting January 20, 2004 - Page 6 Department. Mayor Neal commented that the city has spent a large amount of money over the years on technology upgrades. Mayor Neal asked if the police department's system was in need of this new technology, and if there was any end in sight to the upgrades. Mr. Gericke replied that the vendor of the Phoenix product, Tiburon Incorporated, had announced that support for the product would cease during 2006. Therefore, Mr. Gericke stated that staff developed a plan to replace the Phoenix product to a new system during 2004-2005. City Manager Noe added that there are a number of advantages in terms of improved service and productivity if the city continues to invest in technology. He noted that the Phoenix software had lasted for fifteen years, which was a long time in technology years. Mr. Noe stated that staff could make a presentation on what they see as the city's technology needs in the future. Mayor Neal said he thought this type of presentation would be worthwhile. City Secretary Chapa polled the Council for their votes as follows: 6.a. MOTION NO. 2004-020 Motion authorizing the City Manager or his designee to purchase a turnkey solution consisting of an EMC Storage Area Network (SAN), a sixty -month warranty, installation and data migration services from DataSeek Corporation, of San Antonio, Texas in an amount not to exceed $499,364.25. DataSeek Corporation is a Catalog Information Systems Vendor (CISV) with the State of Texas. This expenditure is to be financed over a five-year period using the City's lease line of credit. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney, Colmenero and Scott were absent. 6.b. MOTION NO. 2004-021 Motion authorizing the City Manager or his designee to purchase cabling services from AVNET Enterprise Solutions, of Austin, Texas, in the amount of $260,261.56. AVNET Enterprise Solutions is a Catalog Information Systems Vendor (CISV) with the State of Texas. This expenditure is to be financed over a five-year period using the City's lease line of credit. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney, Colmenero and Scott were absent. Mayor Neal opened discussion on Item 9 regarding rolled curb and gutter replacements and manhole ring and cover adjustments. In response to Council Member Noyola's question, City Engineer Angel Escobar replied that the list of citizens who have requested rolled curb and gutter replacement is addressed on a "first come, first serve" basis, prioritizing those blocks that do not require reconstruction of the whole street because they would expend the least amount of funds. Council Member Noyola stated that he would like to see the city find additional funds in the future to assist more citizens. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting January 20, 2004 - Page 7 9. MOTION NO. 2004-024 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the contract for professional services with Felix H. Ocanas, Jr. of Corpus Christi, Texas in the amount of $11,050, for a total re -stated contract fee of $36,000, for the Rolled Curb and Gutter Replacement and Sanitary Sewer Manhole Ring and Cover Adjustment FY2003. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Scott was absent. * * * * * * * * * * * * * Mayor Neal referred to Items 16, 17, 18, 19 and 20, and a motion was made, seconded and passed to open the public hearing on the following zoning cases: 16. Case No. 1103-01, John J. Nelson: A change of zoning from an "R -1B" One -family Dwelling District to an "R -1B" One -family Dwelling District with a "HC -F" (Facade) Historical -Cultural Landmark Preservation on Del Mar Subdivision, Block 17, Lot 22, located south of Clifford Street and 100 feet west of Santa Fe Street. 17. Case No. 1103-02, Glenn R. Peterson: A change of zoning from an "R -1B" One -family Dwelling District to an "R -1B" One -family Dwelling District with a "HC -F" (Facade) Historical -Cultural Landmark Preservation on Del Mar Subdivision, Block 17, Lot 16, located south of Clifford Street and 400 feet west of Santa Fe Street. 18. Case No. 1103-03, Glenn R. Peterson: A change of zoning from an "R -1B" One -family Dwelling District to an "R -1B" One -family Dwelling District with a "HC -F" (Facade) Historical -Cultural Landmark Preservation on Del Mar Subdivision, Block 23, Lot 1, located on the northwest corner of Clifford and Lawnview Streets. 19. Case No. 1103-04, Glenn R. Peterson: A change of zoning from an "A-1" Apartment House District to an "A-1" Apartment House District with a "HC -F" (Facade) Historical -Cultural Landmark Preservation on Bayfront Terrace Subdivision, Block 4, Lot 5, located west of Ocean Drive and 225 feet south of Ayers Street. 20. Case No. 1103-07, Glenn R. Peterson: A change of zoning from an "R -1B" One -family Dwelling District to an "R -1B" One -family Dwelling District with a "HC -F" (Facade) Historical -Cultural Landmark Preservation on Del Mar Subdivision, Block 17, Lot 15, located on the south side of Clifford Street and 360 feet from Santa Fe Street. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "R -1B" One -family Dwelling District with a "HC -F" (Facade) Historical -Cultural Landmark Preservation for Items 16,17,18 and 20, and "A-1" Apartment House District with "HC -F" (Facade) Historical -Cultural Landmark Preservation for Item 19. Mr. Michael Gunning, Director of Planning, explained that the city had received five requests for an "HC -F" Historical -Cultural Facade overlay designation for each of the five subject Minutes - Regular Council Meeting January 20, 2004 - Page 8 properties before the Council today. He said in all cases, the Landmark Commission recommended approval of the designations in August 2003. He said most of the properties were constructed between the 1920s and the 1930s. He said in 1989, the properties had been identified as potentially historically significant by Ms. Sally Victor, a renowned specialist in historical preservation who was working as a consultant for the city at the time. Ms. Victor rated the properties as a high priority for designation. Mr. Gunning explained that the "HC -F" designation would require that any exterior building modifications to be reviewed and acted upon by the Landmark Commission within 30 days of the building permit request date. If no action is taken by the Landmark Commission within the 30 -day period, the property owner may proceed with the modification plans without Landmark Commission approval. Other than this requirement, Mr. Gunning stated that there was no extra burden on the property owner. Mayor Neal noted that there was opposition to one of the zoning changes. Mr. Gunning replied that there was opposition to Item 19, Case No. 1103-04 Glenn Peterson. He said two property owners owning three lots are opposed to the zoning change. He said the property owners felt that the property did not meet the purpose of the Historical -Cultural Landmark designation nor would the designation provide any economic benefit. Mayor called for public comment on Items 16, 17, 18, 19, and 20. No one spoke in opposition to the zoning changes. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Scott, and it passed. Council Member Kinnison referred to Item 19, and said that correspondence received from the attorney representing those property owners in opposition to the zoning change stated the "HC - 1" designation required that the structure be a public structure open to the public. Mr. Gunning replied that the initial notices sent out had inadvertently included a request for an "HC -1" designation, which would have required that the structure be open to the public. He said the notices were readvertised for the "HC -F" designation for the facade only. Mr. Kinnison asked if there were any benefits to the owner to have this property designation. Mr. Gunning replied that pride of ownership was the main benefit. He also said the owner would receive a plaque from the city to affix to the front wall of their building, recognizing the historical significance of the property. Mr. Colmenero stated that it appeared the opposition was to the "HC -1" designation, not the "HC -F" designation. Mr. Gunning answered that staff had corrected the initial problem, and had not received any subsequent letters of opposition from the property owners. Mr. Kelly asked if the neighbors had articulated why they were in opposition to the designation. Mr. Gunning responded that there was no detriment to the adjoining properties or to the neighborhood from this designation. He said he understood that the opposition may stem from a disagreement between Mr. Peterson and one of the property owners regarding a previous rezoning request. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting January 20, 2004 - Page 9 16. ORDINANCE NO. 025630 Amending the Zoning Ordinance upon application by John J. Nelson by changing the zoning map in reference to Del Mar Subdivision, Block 17, Lot 22 from "R -1B" One -family Dwelling District to "R -1B" One -family Dwelling District with a "HC -F" (Facade); amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 17. ORDINANCE NO. 025631 Amending the Zoning Ordinance upon application by Glenn R. Peterson by changing the zoning map in reference to Del Mar Subdivision, Block 17, Lot 16 from "R -1B" One -family Dwelling District to "R -1B" One -family Dwelling District with a "HC -F" (Facade); amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 18. ORDINANCE NO. 025632 Amending the Zoning Ordinance upon application by Glenn R. Peterson by changing the zoning map in reference to Del Mar Subdivision, Block 23, Lot 1 from "R -1B" one -family Dwelling District to "R -1B" One -family Dwelling District with a "HC -F" (Facade); amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 19. ORDINANCE NO. 025633 Amending the Zoning Ordinance upon application by Glenn R. Peterson by changing the zoning map in reference to Bayfront Terrace Subdivision, Block 4, Lot 5 from "A-1" Apartment House District to "A-1" Apartment House District with a "HC -F" (Facade); amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting January 20, 2004 - Page 10 20. ORDINANCE NO. 025634 Amending the Zoning Ordinance upon application by Glenn R. Peterson by changing the zoning map in reference to Del Mar Subdivision, Block 17, Lot 15, from "R -1B" One -family Dwelling District to "R -1B" One -family Dwelling District with a "HC -F" (Facade); amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following item: 21.a. Public hearing to consider amending the 1983 Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi to extend a 24 -inch gravity trunk main along a 2,000 linear foot segment of Cimarron Boulevard. Assistant City Manager Margie Rose explained that a developer was interested in amending the 1983 Master Sanitary Sewer Plan to allow for the removal of an existing 12 -inch sanitary sewer main and subsequent replacement with a new 24 -inch gravity trunk main. She said the new 24 -inch gravity trunk main would be designed to provide service to King's Point Unit 4 and any future development along this section of Cimarron Boulevard. She said the replacement would require an amendment to the Master Sanitary Sewer Plan. Mayor Neal asked how this work would tie into the proposed expansion of Cimarron Boulevard in Bond 2004. City Engineer Escobar responded that this work would allow the city to install the sanitary sewer line before the street project was done. There were no comments from the public. Mr. Kinnison made a motion to close the public hearing, seconded by Mr. Chesney, and it passed. City Secretary Chapa polled the Council for their votes as follows: 21.b. ORDINANCE NO. 025635 Ordinance amending the 1983 Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi to extend a 24 -inch gravity trunk main along a 2,000 linear foot segment of Cimarron Boulevard from its intersection with Yorktown Boulevard northerly to the existing manhole south of Channel 31. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". City Secretary Chapa noted that Item 23 was related to the Council's action on Item 21b. Mayor Neal deviated from the agenda and opened discussion on Item 23. Mayor Neal asked if these Minutes - Regular Council Meeting January 20, 2004 - Page 11 items followed the city's normal procedure. City Manager Noe responded that this was a new program. He said the city had amended a trust fund to provide for this type of work. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 23.a. MOTION NO. 2004-029 Motion approving the Sanitary Sewer Construction and Reimbursement Agreement submitted by Mostaghasi Investment Trust, owner and developer of King's Point Unit 4 Subdivision, for the installation of 1,238 linear feet of an off-site 24 -inch PVC gravity sanitary sewer trunk main along Cimarron Boulevard between Yorktown Boulevard and Ditch 31. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 23.b. ORDINANCE NO. 025637 Ordinance appropriating of $148,635.66 from the Sanitary Sewer Collection Line Trust Fund No. 4220 to pay Mostaghasi Investment Trust for the installation of 1,238 linear feet of an off-site 24 -inch PVC gravity sanitary sewer trunk main as specified in the Sanitary Sewer Construction and Reimbursement Agreement to develop King's Point Unit 4 Subdivision. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal deviated from the agenda and referred to Item 22. A motion was made, seconded and passed to open the public hearing on the following item: 22.a. Public hearing to consider amending the 1983 Sanitary Sewer Master Plan for southern portion of Corpus Christi for the installation of 10,000 linear feet of a 10 -inch force main, a lift station and appurtenances. City Manager Noe stated that this was a similar project to Item 21, and he asked City Engineer Escobar to provide more information. Mr. Escobar explained that the project would extend to the Rodd Field Road and Wooldridge area. He said the item would allow the city to amend the Master Plan to incorporate the implementation plan that the Council had approved in the mid-1990s. He said the implementation plan called for no expansion of the Oso Treatment Plant, and instead allowed for the flow to be diverted from the Oso service area into the Greenwood service area. He said the lift station would be tied directly into the Wooldridge lift station. Thus, Mr. Escobar concluded that this amendment clarified and put into action what staff had already gotten approval to do from the Council on the implementation plan, and appropriated the funds for the project. There were no comments from the audience. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Colmenero, and it passed. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting January 20, 2004 - Page 12 22.b. ORDINANCE NO. 025636 Ordinance amending the 1983 Master Sanitary Sewer Plan for the southern portion of Corpus Christi for the installation of a 10,000 foot, 10 -inch force main, a lift station for service areas east of Rodd Field Road and south of Holly Road. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Scott abstained. City Secretary Chapa noted that Item 24 was related to the Council's action on Item 22. Mayor Neal deviated from the agenda and opened discussion on Item 24. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 24.a. MOTION NO. 025638 Motion approving the Sanitary Sewer Construction and Reimbursement Agreement submitted by Hogan Development Company, owner and developer, for future development. The installation of a 10,000 foot, of a 10 inch force main, a lift station and appurtenances. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Scott abstained. 24.b. ORDINANCE NO. 025638 Ordinance appropriating $700,000 from the Sanitary Sewer Collection Line Trust Fund No. 4220 to pay Hogan Development Company, for installation of a 10,000 foot, 10 inch force main, a lift station and appurtenances as specified in the Sanitary Sewer Construction and Reimbursement Agreement to develop Lift Station No. 11 and Force Main for service areas east of Rodd Field Road and south of Holly Road. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Scott abstained. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 25 regarding an Affordable Housing Project Agreement between the city and the Corpus Christi Business and Job Development Corporation. City Manager Noe explained that as a result of the November 2002 election, the Corpus Christi Business and Job Development Corporation (4A board) was authorized to spend $500,000 a year on affordable housing issues. He said the 4A board had been considering a number of proposals to determine how to allocate the funds. He said this item represented one of their recommendations, to allocate $225,000 to the Nueces County Community Action Agency to acquire property to be developed for a single-family residential subdivision. He said the 4A board is currently considering a number of proposals to spend the balance of the $500,000, and will make a recommendation at a later date. Minutes - Regular Council Meeting January 20, 2004 - Page 13 Mr. Noyola commented that this was the first project the 4A board was recommending for funding with sales and use tax money for affordable housing, as authorized by the voters in November 2002. He thanked the 4A board for their work, and spoke in support of their recommendation of the Nueces County Community action agency project. Mr. Kinnison asked for more information on the development time line for the project. Mr. Joe Martinez, Executive Director of the Nueces County Community Action Agency (NCCAA), said the project called for a 100 -lot subdivision, to be constructed over three phases. He said the first phase would consist of 33 homes. He said the total project would take approximately three years to develop. He said the Community Development Corporation would be assisting the NCCAA with the infrastructure costs for the project. Mr. Noe added that the project was a joint venture between the NCAA and the Community Development Corporation (CDC). Mr. Kelly inquired what the $225,000 in funds would be used towards. Mr. Martinez replied that the monies would be used for land acquisition for the project, approximately 20 acres. Mr. Kelly asked if the money was a donation or a loan. Mr. Martinez replied that it was a loan. Mr. Kelly asked how much the infrastructure for the project would cost. Mr. Martinez responded that the infrastructure would cost approximately $380,000 per phase. Mr. Kelly asked if any other public dollars would be needed to execute the project. Mr. Martinez replied that the NCCAA has applied for HOME program dollars, a program which allocates a 15 percent set-aside for Community Housing Development Organizations (CHDOs) like the NCCAA. He said the HOME funds would be used to provide down payment assistance. Mr. Kelly asked how much money this represented. Mr. Martinez responded that it represented approximately $278,000. Mr. Kelly asked how much each house would cost. Mr. Martinez answered that each home would cost about $80,000. He asked how much money in down payment assistance each family could receive. Mr. Martinez replied that it would be between $12,000 and $15,000 per family. Mr. Rudy Cantu, Community Services Director for the NCCAA, added that families had to meet an 80 percent of area median income requirement before they could qualify for the program. He said the area median income was approximately $48,000 for a family of four for this area, and 80 percent of this amount was about $36,000 for a family of four. Mr. Kelly asked in addition to qualifying for the program, would a family making $36,000 also be able to qualify for a $66,000 mortgage. Mr. Cantu replied affirmatively. Mr. Kelly stated that since the program was using public funds, he wanted to be sure that the project would create housing that would truly be affordable. Mr. Cantu said the NCCAA provided their assurances that the monies would be used effectively. Mr. Colmenero asked for a description of the homes. Mr. Martinez replied that the homes would be conventional, 3 bedroom -2 bath homes, with a living/dining room combination and one - car garage. He said the homes would have approximately 1,100 square -feet of living space. Mr. Colmenero inquired how many people were on the waiting list. Mr. Martinez replied that about 200 people were on the waiting list, but said the individuals would need to be pre -qualified for the homes first. He said the NCCAA normally recruits their clients through a housing fair, held three times a year. Mr. Colmenero asked when the NCCAA would begin construction. Mr. Martinez answered that construction would begin in approximately six months. Ms. Cooper asked what the monthly payment would be on the average house. Mr. Martinez responded that the payment would be between $500 and $600. Ms. Cooper spoke in support of the project, and thanked the NCCAA for their hard work. Mr. Martinez invited the Council to attend Minutes - Regular Council Meeting January 20, 2004 - Page 14 the groundbreaking ceremony for the project in the near future. City Secretary Chapa polled the Council for their votes as follows: 25.a. RESOLUTION NO. 025639 Resolution approving the execution of an Affordable Housing Project Agreement between the Corpus Christi Business and Job Development Corporation and the Nueces County Community Action Agency (NCCAA) to allow the Corporation to grant to the NCCAA $225,000 toward land acquisition for an Affordable Housing Project. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 25.b. RESOLUTION NO. 025640 Resolution authorizing the execution of an Affordable Housing Program Agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi to allow the City Manager or his designee to administer funding on behalf of the Corporation, perform the contract administration responsibilities associated with Affordable Housing Project Agreements, and to specifically administer a separate agreement between the Corporation and the Nueces County Community Action Agency. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 26 regarding the city's Third Party Administrator (TPA) for the workers' compensation program. Ms. Cynthia Garcia, Director of Human Resources, explained that the city issued a Request for Proposals (RFP) for TPA administration of workers' comp claims and cost containment review services. She said they reviewed and evaluated the proposals based on the following four components: risk, strategic need, and technical solutions (20 percent each); and cost (40 percent). She said staff was recommending that the city award the contract to F.A. Richard and Associates for these services based on best value and lowest cost. She said F.A. Richard and Associates was the city's current TPA for workers' compensation claims. Mayor Neal asked Ms. Garcia to provide the names of the other companies that had submitted proposals and their locations. Ms. Garcia named the following firms: F.A. Richard, Tri- Star, Barron, ASG, CCS and Ward. She said that F.A. Richard and Tri-Star had local offices, while Barron, ASG, CCS and Ward did not have local offices, but had agreed to open a local office if they were awarded the contract. Mr. Kinnison asked if F.A Richard had increased their prices since their last contract. Ms. Garcia replied that the price had increased slightly, but F.A. Richard was still the best value. There were 110 comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting January 20, 2004 - Page 15 26. MOTION NO. 2004-031 Motion authorizing a two-year contract with two one-year renewal options between the City of Corpus Christi, Texas, and F.A. Richard & Associates to provide workers' compensation Third Party Administration (TPA) and cost containment services. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal opened discussion on Item 27 regarding case management services associated with workers' compensation claims. City Manager Noe stated that in the past, the city had used multiple firms to provide case management services. This year, Mr. Noe said staff was recommending the use of one firm exclusively to improve the continuity of care and streamline the process. Ms. Garcia stated that the proposals were evaluated on the same four criteria as the TPA proposals: risk, strategic need, and technical solution (20 percent each); and cost (40 percent). She said staff was recommending Intracorp as the best value to provide case management services. She noted that they had a local office. Mayor Neal pointed out that of the eleven proposals received, Intracorp submitted the most expensive bid. Ms. Garcia responded that the proposals were evaluated on other criteria besides cost. She said Intracorp received the highest number of points based on the four criteria previously mentioned. Mayor Neal asked for public comment. Ms. Ann Jaime said she had submitted an RFP but was penalized for submitting a tax return in lieu of a financial statement as required. She felt the grading system was unfair to small, local companies like the one she owned. She asked the Council to reconsider staff's recommendation, and instead consider awarding her the case management services contract to her company. Mr. Scott asked under which section of the evaluation was the financial statement assessed. Ms. Garcia replied that the financial statement was assessed in the Risk portion of the evaluation. He asked why Ms. Jaime's company received zero points on the technical solution section. Ms. Garcia responded that Ms. Jaime did not address what types of reports the city would receive and how they would receive them. Mr. Scott stated that in his view, a proposal would get zero points for a section if they did not submit a response. Ms. Garcia stated that Ms. Jaime did not respond to that portion of the RFP. Mr. Colmenero asked of the eleven proposals submitted, how many companies were local. Ms. Garcia replied that Intracorp, Ann JaimeNiola Lopez, and F.A. Richard had local offices. Mr. Colmenero asked if the RFPs were worded clearly. Ms. Garcia answered that staff has always tried to write RFPs as clearly as possible to elicit accurate responses. Mr. Colmenero said he found it troubling that staff was not recommending the low bid. Ms. Garcia replied that for a professional services contract like this one, cost was not the sole consideration. She said staff has been weighing cost at 40 to 60 percent of the total score, depending on the type of proposal. Mr. Colmenero stated that historically, the proposal receiving the highest score was also the low bid. City Manager Noe replied that this was a function of the fact that staff had weighted cost as 40 to 60 percent of the total score. He said in the last few RFPs, the highest scorer was also the lowest bidder, but the rating Minutes - Regular Council Meeting January 20, 2004 - Page 16 breakdown used here was consistent with the process used in the other bids. Mr. Chesney asked why Fair Isaac, the highest point -getter, was not being recommended by staff. Ms. Garcia answered that Fair Isaac said they were going to subcontract their services, but did not state who they were going to use as subcontractors. She said Fair Isaac stated that they would subcontract with individuals meeting the city's criteria, but did not provide resumes for those individuals as requested in the RFP. Thus, Ms. Garcia said staff chose not to recommend Fair Isaac even though they received the highest number of points. Mr. Chesney asked Ms. Jaime if she contested staff's assertion that she did not respond to the technical solutions part of the RFP. Ms. Jaime replied that staff told her the reason her company was not being recommended for award was because she did not submit a financial statement, and because she was weak in the technical solutions part of the RFP. Ms. Jaime said she did respond to the technical solutions section. She said the RFP asked for a copy of her company's standard reporting package, and in response she explained how she reports to the TPA, which she has been doing since 1989. Ms. Garcia read the following section from the RFP under technical solutions - "Please provide a copy of your standard reporting package, and list the frequency in which reports are generated and distributed, as well as any additional related costs." Ms. Garcia said that staff did not receive a copy of the standard reporting package from Ms. Jaime. Rather, Ms. Garcia said Ms. Jaime responded that "reports are generated within one week of initial contact with injured worker and treating physician. Afterwards, reports are generated every thirty days, unless injured worker has sustained catastrophic injury such as spinal cord, head injury or multiple traumas. These type of injuries require weekly contact until case is stabilized and a treatment plan has been established." Mr. Chesney asked if Ms. Jaime's response did not in fact partly address what was being requested in this section. Ms. Garcia stated that staff could not evaluate the proposal properly without copies of the standard reporting package, since the assumption was that this computer-generated data would be entered into the city's computer system. Mr. Chesney responded that of the three items requested in the question, Ms. Jaime provided one of the three. He said Ms. Jaime should have been given some points based on this partial response. Thus, Mr. Chesney said he would vote against staff's recommendation. Mr. Noyola asked Ms. Jaime how long she had been doing work for the city. Ms. Jaime replied that she had worked with the city for 15 years. Mr. Noyola said he felt Ms. Jaime's track record with the city should have been considered. He also said it seemed like she shouldn't have received zero points for a partial response in the technical solution section. He said he was not comfortable with staffs recommendation at this point. Ms. Cooper made a motion to amend Item 27 to award the case management services contract to Ms. Jaime's company instead of Intracorp, and Mr. Chesney seconded the motion. The motion to amend passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Scott voting "No". City Secretary Chapa polled the Council for their votes on the motion as amended as follows: Minutes - Regular Council Meeting January 20, 2004 - Page 17 27. MOTION NO. 2004-032 Motion authorizing a two-year contract with two one-year renewal options between the City of Corpus Christi, Texas, and Ann JaimeNiola Lopez to provide case management services. The foregoing motion was passed and approved as amended with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". * * * * * * * * * * * * * Mayor Neal announced the executive sessions, which were listed on the agenda as follows: 28. Executive session under Texas Government Code Sections 551.071, 551.072 and 551.087 regarding the acquisition and development of site for minor league baseball stadium, with possible discussion and related action in open session. 29. Executive session under Texas Government Code Section 551.071 regarding Cause No. 01- 1084-H; Absolute Industries vs. City of Corpus Christi, in the 3476 District Court, Nueces County, Texas, with possible discussion and action in open session. The Council went into executive session. * * * * * * * * * * * * * The Council returned from executive session. Mayor Neal called for a brief recess to present proclamations. * * * * * * * * * * * * * The Council returned from recess. Mayor Neal called for the City Manager's report. City Manager Noe announced that the public meeting on the proposed South Central Area Development Plan was taking place this Thursday at 6:00 p.m. in the Bayfront Plaza Convention Center, Room 203B. He introduced Ms. Barbara Bailey, the new Director of Development Services. Mr. Noe stated that the following items were scheduled for consideration at next Tuesday's Council meeting: the first reading of the capital budget, as well as the final recommendations on storm water; the first reading of the lease document with RSR Sports, Inc. for the baseball stadium; update on Workforce One; and an update on improvements to Dan Whitworth Park. On the February 10 council meeting agenda, Mr. Noe said the following items were scheduled for consideration: discussion and deliberations on Bond 2004; a briefing on Animal Control operations; finish the capital budget; discussion on the proposed ADA ordinance; and authorizing the bond sale for the stadium project. Mayor Neal reminded the Council about the evaluation form they had received, and said he would like them back today so he could put them on the agenda for next week. He asked Mr. Chapa to put them on the agenda for next week as a closed session. Mayor Neal called for Council concerns and reports. Mr. Garrett asked about the city's plans regarding a "dog leg" on Cimarron Boulevard between Airline and Yorktown. Assistant City Minutes - Regular Council Meeting January 20, 2004 - Page 18 Manager Ron Massey replied that the "dog leg" needed to be there because of the transmission mains for CPL in the area. Mr. Noe added that when the city widened that stretch of road, he said the "dog leg" would be less radical after the city adjusted it, but he said it would always be there. Mr. Garrett asked for an update on the lack of wastewater services for residents and business owners on Leopard Street between Rand Morgan and Clarkwood Road. City Engineer Escobar replied that the city had issued a contract with Naismith Engineering to design the lift station upgrade needed to provide the services. He said in the upcoming CIP discussion, this project would be included on the list of proposed wastewater projects. Finally, Mr. Garrett commented that a community meeting on the Mustang/Padre Island Development Plan was taking place today. He said he hoped the groups present would provide quality recommendations. Mr. Noyola thanked the city workers who picked up Christmas trees in his neighborhood on Sunday. He offered his condolences to the family of Ms. Andrea Arraiza, who passed away this weekend. Mr. Noyola asked staff to revisit the ordinance preventing speed humps on collector streets. He said there was a safety issue on Carroll Lane and Tiger Lane because of speeding motorists. City Engineer Escobar said staff would look at updating the ordinance. City Manager Noe stated that there were safety risks involved if speed humps were placed on collector streets. Mr. Scott reported that there were a number of small holes developing on Alameda Street between Louisiana Parkway and Chamberlain Street near Incarnate Word Academy. He also reported that there was a pothole at the corner of S.P.I.D. and Weber Road. Mr. Scott said he liked the new 9:00 a.m. starting time for the Council meetings, but said he was still trying adjust his schedule accordingly. He apologized for being late. He asked that the Council consider moving the public comment section of the meeting to 12:15 p.m. or 12:30 p.m. to allow citizens to attend meetings on their lunch hour. Mr. Kelly commented that he had also received a citizen complaint this weekend about the sewer line on Leopard Street that Mr. Garrett had mentioned in his council report. He asked for an update on the project as soon as possible. Ms. Cooper complimented the airport staff on how efficient the airport is operating and on how good the airport looks. Mr. Colmenero asked for a presentation on the construction in the Gollihar/Horne/Ayers area. City Engineer Escobar responded that the utility relocations in the area were continuing. He said the contractor had asked to begin work on Horne Road. Mr. Escobar said that staff has delayed work on Horne Road to allow the utility relocations to take place. He said the city needed to issue a public notice to those affected about the work. Mr. Colmenero again asked for a presentation on the work for the Council. Mr. Colmenero also asked for an update on air service for domestic and other flights. * * * * * * * * * * * * * Minutes - Regular Council Meeting January 20, 2004 - Page 19 Mayor Neal called for petitions from the audience. Ms. Priscilla G. Leal, 4738 Cheryl, spoke regarding drainage improvements to the Manshiem/Sunnybrook area. Mr. Roland Garza, 2854 Alvin, spoke in support of the Council's decision regarding the case management services contract for workers' compensation. He also spoke regarding drainage improvements to the Manshiem/Sunnybrook area. Mr. Jack Gordy, 4118 Bray, spoke regarding information appearing in the city's annual report and on the city's implementation of Proposition 13. Mr. Abel Alonzo, 1701 Thames, thanked the Council and those members of the community who had participated in his Thanksgiving fundraiser. He also said there should be a public discussion on the issues related to Proposition 13. Mr. Bill Kopecky, 3609 Topeka, spoke regarding a petition drive on Proposition 13, and he asked the Council to place the matter on the agenda next week. Assistant City Manager Massey introduced Mr. Craig E. Clark, the new Corpus Christi District Engineer for the Texas Department of Transportation. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 11:35 a.m. on January 20, 2004. * * * * * * * * * * * * *