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.
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Mayor Neal referred to Item 2 and the following board appointment was made:
Community Youth Development (78415) Program Steering Committee
Alfred J. Cardona (Appointed)
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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.
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