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HomeMy WebLinkAboutAgenda Packet City Council - 05/08/2001CITY COUNCIL AGENDA cCity of or, us Christi May 8, 2001 1:45 p.m. Proclamation declaring May 6 - 12, 200t as "National Tourism Week" Proclamation declaring May 6 - 12, 2001 as "Water Utilities Awareness Week" Certificate of Commendation to Teacher of the Year - Piedad Ymbert Certificate of Commendation to Teacher of the Year - Vinay Dulip Certificates of Commendation to Carroll High School Girls Basketball Team - Regional IV-5A FinalisfJDistrict Champs Certificates of Commendation to West Oso Boys Basketball Team - Region IV-3A Regional Champions/State Semi-Finalist Certificates of Commendation to Calallen Girls Basketball Team - 4A Regional ChampstState Semi- Finalists Certificates of Commendation to Flour Bluff Navy Junior ROTC National Champions AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD MAY 8, 2001 2:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members ~f the audience wi~~ be pr~vided an ~pp~rt~nity t~ address the C~unci~ after the Presentati~ns secti~n~ P/ease speak intothemicrophonelocatedatthepodiumandstateyournameandaddress. Yourpresentationwillbe/imitedtothreeminutes. If you have a petition or other information pertaining to your subject, p/ease present it to the City Secretary. Si ud. Desea dirigirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espar~ol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Reverend E. F. Bennett. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pm Tem Henry Garrett Council Members: Brent Chesney Javier D. Colmenero Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott City Manager David R. Garcia City Attorney James R. Bray, Jr. City Secretary Armando Chapa Agenda Regular Council Meeting May 8,2001 Page 2 G= MINUTES: Approval of Special and Regular Meetings of April 24, 2001. (Attachment # 1) BOARDS & COMMITTEE APPOINTMENTS:(Attachment # 2) Animal Control Advisory Committee Building Code Board of Appeals Citizens Advisory Health Board Nueces County Community Action Agency Coastal Bend Council of Governments C.C. Area Convention and Visitor's Bureau Sister City Committee Transportation Advisory Committee PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espa~ol en la reunidn de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC A T ANY COUNCIL MEETING. PRESENTATIONS: Pub#c comment will not be solicited on Presentation items. Driscoll Children's Hospital Half Pint Library (Attachment # 3) Presentation by Geoffrey Gay on the South Texas Aggregation Project (STAP) (Attachment - See Attachment # 23) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summa~j) Agenda Regular Council Meeting May 8,2001 Page 3 Final Quarterly Update on the Wesley Seale Dam Spillway Stabilization Project (Attachment # 5) I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. CONSENT AGENDA Notice to the Public Thefollowingitemsareofaroutineoradministrativenature. TheCouncilhasbeen furnished with background and support material on each item, and/or it has been discussed at a previous meeting. Ail items will be acted upon by one vote without being discussed separately un/ess requested by a Council Member or a citizen, in which event the item or items wi// immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items wi//be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) Motion authorizing the City Manager or his designee to execute a contract with Freese and Nichols, Inc. in the amount of $69,500 for engineering services for an Annual Inspection and Monitoring Program at Wesley Seale Dam. (Attachment # 6) Motion authorizing the City Manager or his designee to execute a contract with James L. Christie in the amount of $21,600 for Wesley Seale Dam Non-Remote Instrumentation Reading. (Attachment # 6) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting May 8,2001 Page 4 10. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Motion authorizing the City Manager or his designee to execute a final Change Order (No. 8) in the deductive amount of ($34,376.78) with ASI-RCC, Inc. of Buena Vista, Colorado, for the Wesley Seale Dam Spillway Stabilization Project. (Attachment # 7) Motion approving supply agreements with the following companies, for the following amounts, for approximately 2,100 gas meters in accordance with Bid Invitation No. BI-0105-01 based on Iow bid and only bid for estimated annual expenditure of $153,432. The term of the contracts will be for twelve months with an option to extend for up to two additional twelve month periods. These meters will be used by the Gas Department and funds have been budgeted in FY00-01. (Attachment # 8) National Meter, Inc. Lancaster, OH Bid Item 1 $90,000 McGinnislndustrialSales, lnc. Houston, TX Bid ltems 2-7 $63,432 Grand Total: $153,432 Motion approving a supply agreement with Mueller Company, Decatur, Illinois for approximately 4,625 gas meter valves ranging in size from 1" to 1 1/2" in accordance with Bid Invitation No. BI-0113-01 based on Iow total bid for an estimated annual expenditure of $48,025. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Gas Department for FY00-01. (Attachment # 9) Motion approving a supply agreement for approximately 635 magnesium anodes with Diamond Edge, Lytle, Texas, based on Iow bid, in accordance with Bid Invitation No. BI-0114-01 for a total estimated annual expenditure of $53,510. The term of the contract will be twelve months with option to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager or his designee. Funds have been budgeted by the Gas Department in FY00-01. (Attachment # 10) Agenda Regular Council Meeting May 8,2001 Page 5 11. 12.a. 12.b. 13. 14.a. 14.b. 15. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Motion authorizing the City Manager or his designee to execute a twelve-month maintenance agreement with Hewlett-Packard Company in the amount of $57,150.67 for hardware and operating system maintenance based on sole source. (Attachment # 11) Motion authorizing the City Manager or his designee to execute a contract for public health services with the Texas Department of Health for a new fluoride storage and feed facility as part of the Chemical Storage and Feed System Addition and Upgrade Project at the O.N. Stevens Water Treatment Plant. (Attachment # 12) Ordinance appropriating $141,435 from the Texas Department of Health in the No. 1050 Federal/State Grants Fund for the purchase, installation, operation and maintenance of fluoridation equipment. (Attachment # 12) Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $20,828.80 with Bexar Environmental Services, Inc. of San Antonio, Texas, for the Remediation of City Hall Floor 1 project. (Attachment # 13) Ordinance appropriating $500,000 from the Regional Transportation Authority in the No. 3530 Street Bond Fund for Special Projects 2001 Street Improvement Program; amending the FY00-01 Capital Budget adopted by Ordinance No. 024162 by adding $500,000 to the Street Capital Improvement Program Fund. (Attachment # 14) Motion authorizing the City Manager or his designee to execute a Change Order No. 4 in the amount of $71,183.15 with Haas-Anderson for the Alameda, Santa Fe, Weber Overlay project for bus stop improvements on Alameda Street funded by the Regional Transportation Authority (RTA). (Attachment # 14) Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the engineering services contract in the amount of $49,090 for a total fee not to exceed $98,180 with Shiner, Moseley and Associates for the Regional Transportation Authority (RTA) Miscellaneous Street Improvements. (Attachment # 15) Agenda Regular Council Meeting May 8,2001 Page 6 16.a. 16.b. 17. 18. 19. 20. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Motion accepting a restricted $10,000 donation from the Blanche Moore Foundation for the Corpus Christi Magic Blanche Moore Baseball Team. (Attachment # 16) Ordinance appropriating $10,000 from the Blanche Moore Foundation in the No. 6010 Trust Fund - Youth Sports for the expenses of the Corpus Christi Magic Blanche Moore Baseball Team; amending Ordinance No. 024130, which adopted the FY00-01 Budget by adding $10,000 in the No. 6010 Trust Fund - Youth Sports. (Attachment # 16) Resolution authorizing the City Manager or his designee to accept an additional $54,552 from the amended Federal Aviation Administration Grant No. 3-48-0051-30-00 for a revised total of $558,552, contingent upon receipt of the grant offer, for the purchase of a replacement ARFF truck with extendible elevated waterway and personal protective clothing. (Attachment # 17) Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Department of Transportation in the amount of $1,462,032 for a Statewide Transportation Enhancement Program Grant to construct Bay Trail Phase 3. (Attachment # 18) Resolution authorizing the City Manager or his designee to submit a grant application in partnership with Beautify Corpus Christi Association to Keep Texas Beautiful for a Governor's Community Achievement Award in the amount of $265,000 for landscaping along state-maintained highways in the Corpus Christi area. (Attachment # 19) Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $512,685 to the Texas Automobile Theft Prevention Authority (ATPA) to establish a motor vehicle theft enforcement team and implement a public awareness campaign in an effort to reduce auto thefts in the City of Corpus Christi and Nueces County. (Attachment # 20) K. PUBLIC HEARINGS: Agenda Regular Council Meeting May 8,2001 Page 7 21. 22. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ZONING CASES: Case No. 0401-01, Corpus Christi Medical Center: A change of zoning from a "B-4" General Business District to an "1-3" Heavy Industrial District on Chris-Rae Addition, Block 1, being a 0.277 acre out of Lot 3, located on the west side of Rodd Field Road, approximately 600 feet south of South Padre Island Drive. (Attachment fl 21) Planninq Commission's and Staffs Recommendation: Denial of the "1-3" Heavy Industrial District, and in lieu thereof, approval ora Special Permit for a medical helipad subject to a site plan and two (2) conditions. ORDINANCE Amending the Zoning Ordinance upon application by Corpus Christi Medical Center by changing the zoning map in reference to 0.277 acre out of Lot 3, Block 1, Chris-Rae Addition, (currently zoned "B-4" General Business District) by granting a Special Permit for a medical helipad subject to a site plan and two (2) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 0401-02, Jubilee Development: A change of zoning from an "AB" Professional Office District to a "B-I" Neighborhood Business District on Windsor Park Unit 4, Block 34, Lots 9 and 10, located on the east side of Everhart Road, approximately 450 feet north of McArdle Road. (Attachment # 22) Planninq Commission's and Staff's Recommendation: Approval of the "B-I" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance upon application by Jubilee Development by changing the zoning map in reference to Lots 9 and 10, Block 34, Windsor Park Unit 4, from "AB" Professional Office District to "B-I" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Agenda Regular Council Meeting May 8,2001 Page 8 REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 23. Resolution approving the Articles of Incorporation and by-laws of the South Texas Aggregation Project, Inc., and membership in the corporation by the City of Corpus Christi. (Attachment # 23) 24. Motion authorizing the City Manager or his designee to execute an agreement for the Geographic Information System (GIS) and Surveying Services in the amount of $658,480 with Thompson Professional Group, Inc. of Houston, Texas for the update and conversion of Geographic System Basemap. (Attachment # 24) 25. Resolution reaffirming and amending financial policies adopted by Resolution No. 023319 and providing a policy to maintain the fund balance for the General Fund at an adequate level. (Attachment # 25) 26. Resolution adamantly and unqualifiedly opposing redistricting plan approved by the Redistricting Committee of the Texas House of Representatives; urging in the strongest possible terms that the Texas Legislature reject the plan and that the Governor veto the plan if passed. (Attachment # 26) M. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss matters listed on the agenda, when authorized by the provisions of the Open Meetings Act, Chapter551 of the Texas Govemment Code. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. N. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting May 8,2001 Page 9 27. a. 27.b. LEGISLATIVE UPDATE: Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 77th Texas Legislature. CITY MANAGER'S REPORT * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS THE CITY COUNCIL WILL RECESS FOR DINNER AT APPROXIMATELY 5:00 P.M. IN BASEMENT TRAINING ROOM AND RECONVENE AT 6:00 P.M. COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC HEARING: 6:00 p.m.- COMMUNITY DEVELOPMENT CONSOLIDATED ANNUAL ACTION PLAN: Public hearing regarding the City of Corpus Christi's proposed FY2001 Consolidated Annual Action Plan (CAAP) that is the application for funding for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs. (Attachment # 27) (See separate project detail binder previously furnished) Council discussion and possible action on a tentative list of projects/activities to be funded. (Attachment # 27) (See separate project detail binder previously furnished) (Note: Copy of project detail binder is available for review in City Secretary's Office) ADJOURNMENT: CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting May 8,2001 Page 10 POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 3:00 p.m., May 4 ,2001. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Armando Chapa U City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www. ci.corpus-christi.tx.us after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD MAY 8, 2001 2:00 P.M. SUPPLEMENTAL AGENDA ITEM Public notice is hereby given that the following item is being added to the City Council agenda of May 8, 2001: Consent Aqenda 20.1. Ordinance abandoning and vacating a 4,417.04-square feet, 10-feet wide utility easement out of Lots R, S, U, and V, Block 9, Corpus Christi Industrial District Section 2; requiring the owner, Overhead Door Corporation (Owner), d/b/a Horton Automatics, to comply with the specified conditions and replat the property within 180 days at owner's expense. 20.1 .a. Ordinance authorizing the City Manager or his designee to execute a Sanitary Sewer Maintenance Agreement with Overhead Door Corporation (owner), d/b/a Horton Automatics, requiring owner to fully maintain the sanitary sewer line in the easement and in return allowing owner the right to use the 10-foot wide (3,508.24-square feet) utility easement out of Lot ¥, Block 9, Corpus Christi Industrial District, Section 2, from manhole to manhole with specified conditions; establishing a fee of $4,385. POSTING STATEMENT: This supplement to the May 8, 2001 agenda of the City Council was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard at~,',~© p.m., May 4, 2001. Ar'r~ando Chapa City Secretary CITY COUNCIL 1999 PRIORITY ISSUES: CONTINUE "AS IS" Improve Basic Services: Trash, Brush, Debris Improve Basic Services: Street and Road Maintenance Improve Basic Services: Animal Control Improve Basic Services: Quality Water Improve Basic Services: Lighting Stormwater / Drainage Northside Plan Residential / Community Park Development Capital Improvements / Bond Issue Airport Improvements Street Assessment Golf Course Youth Crime Initiatives Environmental Compliance Development Center Community-Oriented Policing 1999 PRIORITY ISSUES: CONTINUE WITH REVISIONS Privatize Services · Explore additional opportunities Crime Control District Initiatives · Address budget concerns and the ability to fund the program for the long-term Bayfront Development Plan · Continue to vigorously pursue development in the Bayfront Arts & Sciences Park area · Continue coordination / collaboration among entities in the area Improve Basic Services: Park Maintenance · Prepare / repair facilities · Evaluate current facilities for improvement priorities · Identify undeveloped park land for possible sale · Consider outsourcing neighborhood park maintenance to Neighborhood Associations, with assurances of equity · Explore establishment of Adopt-A-Park program Animal Control · Ensure adequate staff and equipment · Establish a "Cooperative Veterinarian" program Economic Development · Participate with local and regional economic development initiatives (not necessarily with funding) Bayfront Convention Center Expansion · Modify plans or identify alternative funding sources as a result of study NEW PRIORITY ISSUES FOR 2000 InternalIssues Charter Revision · Tax Cap · Term Limits · Utility Transfers · Review previous Charter Commission's recommendations Improve Working Relationships with Other Taxing Entities · Invite to quarterly meetings · "Tax Sununit" · Explore opportunities to share in tobacco settlement dollars Landscaping / Improvement of Entryway from Corpus Christi International Airport · Code enforcement Address Long-term Budgetary Issues · Reach agreement on a plan / philosophy · Acquire software, ensure monthly requisitions and timely CAFR Legislative Issues Museum of Science and History Long-Range Plan Tax Increment Financing District (Packery Channel) Long-range Strategic Water Planning Capacity External Issues Metrocom Crosstown Expressway Spaceport Medical Campus Long-range (after the Bond Issue) Downtown Development · Median improvement / landscaping · Plan for development of west end of downtown (First United Methodist Church to Memorial Coliseum) Hospitality Industry Development - Central City CC Beach Development Marina Development Development of Island, Post-Packery Channel Foreign Trade Zone Expansion Community-wide Visioning Process MINUTES CITY OF CORPUS CHRISTI, TEXAS Special Council Meeting April 24, 2001 1:30 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tern Betty Jean Longoria Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Rex A. Kinnison John Longoria Mark Scott Ci_ty Staff.' City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle P. Ram6n ABSENT Dr. Arnold Gonzales Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Msgr. Michael Howell, Rector of Corpus Christi Cathedral, and the Pledge of Allegiance to the U.S. flag was led by Council Members Betty Jean Longoria and Melody Cooper. 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 April 17, 2001. A motion was made and passed to approve the minutes as presented. Mayor Neal opened discussion on Item 2, canvassing returns for the runoff election on April 21, 2001. He randomly selected the following precincts to canvass: 7, 47, 78, 103, 114, and 34. There were no discrepancies in the votes or comments from the public. City Secretary Chapa polled the Council for their votes as follows: F. ORDINANCE NO. 024429 Ordinance canvassing returns and declaring the results of the runoff election held April 2 I, 2001, in the City of Corpus Christi for the purpose of electing Council Members in Districts 1 and3. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. Mayor Neal referred to Item G., outgoing Council member speeches and presentations. He Minutes - Special Council Meeting April 24, 2001 Page 2 invited Council Members Melody Cooper and Betty Jean Longoria to join him in the center of the chambers, and he noted that outgoing Council Member Arnold Gonzales was not able to attend the meeting. The Mayor then presented Ms. Cooper and Mrs. Longoria with the following gifts: a plaque, Council nameplate and a key to the city enclosed in a special frame; their Council member parking sign; and an original vase created by a local artist. Ms. Barbara Sudhoff and Judge Rodolfo Tamez, representing the Municipal Court Committee, also presented Ms. Cooper and Mrs. Longoria with gifts for their years of service. Ms. Cooper shared her reflections about the eight years she spent on the City Council as a district and at-large representative, saying it was her most worthwhile professional endeavor. She highlighted several issues that she and her fellow Council members addressed during that time, including the smoking ordinance, long-term water supply, maintaining the area's military bases, old Nueces County Courthouse, sexually oriented business ordinance, Wesley Seale Dam repairs, infrastructure funding, raising the JFK Causeway, convention center and arena construction, 2000 bond projects, seawall repairs, Packery Channel, and a balanced budget. Issues in which Ms. Cooper took a personal interest were the development of neighborhood associations, graffiti eradication efforts, gang and youth violence prevention, town hall meetings, and the Sister City Committee. Ms. Cooper thanked several people for their support over the years, including her family; the late Mayor Mary Rhodes and Mayor Neal; past and present Councils; members of her office staff and election campaigns; several individuals; city staff; and City Secretary Chapa and his staff. She also wished the incoming Council members luck in the future. In her remarks, Mrs. Longoria thanked Msgr. Howell for giving the invocation and she recognized several family members who were present. She discussed the importance of voting in elections and her commitment to representing District 1. She said that during her I0 years on the Council, she formed partnerships with many individuals and organizations to accomplish several goals and she thanked individuals who were involved in different projects. Mrs. Longoria cited several accomplishments, including obtaining Community Development Block Grant funds for several projects; establishing or renovating three senior centers; establishing day care centers and health centers; participating with the RTA in the liveable communities projects; and widening McKinzie Road. She thanked city staff, particularly Mr. Chapa and his staff, former and present Council members, and citizens in District 1. The next order of business was the swearing in of the nc wly elected Council members, conducted by the Honorable Hayden W. Head, Jr., United States Di: ~rict Judge. The new members are: Mayor Samuel Neal Jr. and Council Members Brent Chesney, Javier Colmenero, Henry Garrett, Bill Kelly, Rex Kiunison, John Longoria, Jesse Noyola, and Mark Scott. Mayor Neal then invited the outgoing and incoming Council members and their guests to a brief reception in the foyer. There being no further business to come before the Council, the Mayor adjourned the Council meeting at 2:05 p.m. on April 24, 2001. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 24, 2001 2:33 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tern Henry Garrett Council Members: Brent Chesney Javier D. Colmenero Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott Ci_ty Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle P. Ram6n Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Bishop Edmond Carmody of the Catholic Diocese of Corpus Christi and the Pledge of Allegiance to the United States flag was led by the Mayor. 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 made a motion, which was seconded by Council Member Longoria, that the Mayor Pro Tem service dates be selected as follows: Henry Garrett, April 24, 2001-July 23,2001; Rex Kinnison, July 24, 2001-October 22, 2001; Jesse Noyola, October 23, 2001-January 21, 2002; Brent Chesney, January 22, 2002-April 22, 2002; Bill Kelly, April 23, 2002-July 22, 2002; Mark Scott, July 23, 2002-October 21, 2002; Javier Colmenero, October 22, 2002-January 20, 2003; and John Longoria, January 21, 2003-end of term. Mayor Neal called for a voice vote, and the motion passed unanimously. All nine Council members, who were sworn in during the 1:30 p.m. special Council meeting earlier that day, then thanked their families, supporters and the voters who elected them. Mayor Neal called for petitions from the audience. Mr. Phil Rosenstein thanked the Council members, particularly Mrs. Betty Jean Longoria and Ms. Melody Cooper, for their support of senior citizens. He also wished the Council luck during the next two years. Mr. Isaac Valencia, President of the Corpus Christi Police Officers Association, thanked the outgoing Council members for their hard work and dedication. He said there are positive things Minutes - Regular Council Meeting April 24, 2001 Page 2 happening in the city and the CCPOA would like to work with the Cotmcil in the future. Mr. Leon Perez, 904 Buford, complained about chairs that had been removed from the lobby outside the Council Chambers. Mr. Jack Gordy, 310 Norton, congratulated the incoming Council members. He said the flag flying outside City Hall looks worn and he questioned where it was purchased. He added that some Council candidates who were not in the runoff have signs in the rights-of-way that are violating the Highway Beautification Act. Mr. Gordy also said he turned in an ethics complaint to the City Secretary, which needs to be forwarded to the Ethics Commission. Mrs. Betty Jean Longoria, 9534 Wilkins, thanked everyone who supported the Leopard Street improvements, which are now underway. She wished the new Council well and offered her assistance to them. Ms. Judy Telge and Mr. Richard Bullock discussed the Coastal Bend 2001 Fair Housing Seminar to be held on Friday, April 27th at the Bayfront Convention Center. Ms. Telge noted that one of the speakers is Mr. David Enzel, Deputy Assistant Secretary for Enforcement and Programs for Housing and Urban Development in Washington, D.C. Mr. Carlos Torres, President of the Corpus Christi Firefighters Association, said this is the first time in recent history that all of the elected Council members were endorsed by the CCFFA. He listed some of the firefighters' concerns, including an insufficient number of firefighters, EMTs and paramedics on the daily staffing rosters, firefighters academy, and medical insurance issues. He also discussed NFPA Standard 1710, which will provide deployment criteria for structural, aircraft fire and rescue, and emergency and special operations responses. Mr. Abel Alonzo, 1701 Thames, said he had just received a $1,000 donation toward the $8,000 needed to repair five wheelchairs. He welcomed the returning and new Council members, and said there will always be a minority of people who will attack them. He said the Council has a choice to fight among themselves or to be positive and proactive. Ms. Cruz Colomo thanked the Council members who have supported the Coalition for the Advancement of Women and she invited them to a gala honoring women. She also asked them to be responsive to the community and to appoint qualified women to city boards and commissions. Mayor Neal referred to the presentation on the day's agenda, the first quarterly update of the Bond 2000 projects. Mr. Angel Escobar, Director of Engineering Services, said that of the 57 projects approved by the voters on November 7, 2000, I0 are being completed in-house and the other 47 will be completed by architectural/engineering (A/E) consultants. In fact, he noted, the last two A/E consulting contracts will be awarded during the meeting. He referred to a booklet containing detailed information about each of the projects and their schedules. Minutes - Regular Council Meeting April 24, 2001 Page 3 Mr. Escobar said the street improvement projects include the following budget amounts: $14.87 million for streets; $5.07 million for water projects; $2.75 million for wastewater projects; and $5.16 million for stormwater projects, for a total of $27.36 million. He discussed the time lines for the public health and safety and park and recreation/museum projects and the street improvement projects. The time lines consisted of the following phases: A/E selection, preliminary phase, permitting, design phase, land acquisition, bid/award phase, and construction phase. Mayor Neal commended staff for preparing this information, saying it is very important to make this information available to the Council and the public. He also asked that the 1986 bond projects be summarized in a similar fashion in order to mark their progress as well. Mr. Escobar distributed a summary of the status of the 1986 bond street projects as follows: Airline, scheduled to be completed in July 2001; Alameda/Santa Fe/Weber, October 2001; Cornett, May 2001; Kostoryz, March 2002; Leopard Phases l&2, December 2001; Leopard Phase 3, March 2002; McArdle Phase 1, January 2003; McArdle Phase 2, July 2002; and Spur 3, Phase 2, July 2004. Responding to Mr. Colmenero, Mr. Escobar described some of the land acquisition issues and signalizations involved in the street projects. Mr. Kinnison asked staff to follow up on the possibility of obtaining matching funds from TXDOT for street lighting projects. Mayor Neal requested a city map showing the 1986 and 2000 street projects and the TXDOT street projects. Mayor Neal called for consideration of the consent agenda (Items 2-17). City Secretary Chapa stated that Item 14 had been withdrawn. Council members and an audience member requested that Items 8 and 12 be withheld for discussion. Mr. Chapa polled the Council for their votes: 2. M2001-145 Motion approving a supply agreement with Quadrant Productions, Corpus Christi, Texas for video productions services, in accordance with Request for Proposal No. BI-0116-01, for an estimated annual expenditure of $120,000. This service will be utilized by the Communications and Quality Management Department. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 3. M2001-146 Motion approving a supply agreement with Perfection Corporation, Madison, Ohio, for approximately 90 polyethylene valves, in accordance with Bid Invitation No. BI-0109-01 based on low bid for an estimated annual expenditure of $15,625. The term of the contract will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Gas Department in FY00-01. Minutes - Regular Council Meeting April 24, 2001 Page 4 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 4. M2001-147 Motion approving the purchase of a hydraulic tree cutter from B-C Equipment Sales Inc., Corpus Christi, Texas, based on sole source for a total of $21,716.16. This equipment will be used by the Storm Water Department. Funds have been budgeted in the FY00-01 Capital Outlay Fund. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." M2001-148 Motion approving the purchase of twenty-one pickup trucks and vans from the following companies, for the following amounts, in accordance with Bid Invitation No. BI-0095-01, based on low bid and low bid meeting specifications. Various departments will use the pickup tracks and vans. Three units are additions to the fleet. The remaining units are replacements. Funds are available in the FY00-01 Capital Outlay Fund. Creveling Dodge Comus Christi. Texas Bid Items 2, 3, & 8 $133,122 Padre Ford Comus Christi. Texas Bid Items 5, 7, & 9 $69,115 Crosstown Ford Comus Christi. Texas Bid Items 1, 4 & 6 $179,868.49 Grand Total: $382,105.49 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 6.a. M2001-149 Motion approving the purchase of voice/data networking equipment from South~vestem Bell Telephone Company in accordance with the State of Texas Cooperative Purchasing Program for a total of $258,250. The voice/data networking equipment will be used by the Corpus Christi Fire Department and the Emergency Operations Center located in the Frost Bank Building. Funding will be provided through the City's lease/purchase contractor. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 6.b. M2001-150 Motion approving the purchase of on-site Architecture for Voice and Video Integrated Data Intemet Protocol (AVVIDIP) telephone training for 10 employees from Advanced Network Information, Inc. for a total of $22,907.50 based on sole source. The training will be used by Minutes - Regular Council Meeting April 24, 2001 Page 5 Municipal Information Systems technical personnel on maintaining the voice/data net- working equipment for the Frost Building. Funding is available in the Frost Bank Office Space Improvements Fund. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 7. M2001-151 10. 11. Motion approving the purchase of three sedans from the Houston-Galveston Area Council of Governments (HGAC), for the total amount of $49,786.99. The award is based on the Cooperative Purchasing Agreement with HGAC. These vehicles will be used by the Fire Department. Funds are available in the FY00-01 Capital Outlay Budget. These items are replacements to the fleet. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." M2001-153 Motion authorizing the City Manager or his designee to execute an amendment to the contract with Freese and Nichols, Inc. in the amount of $21,700 for engineering services for flow metering improvements, City of Alice Water Intake Pump Station, Wesley Seale Dam. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." M2001-154 Motion authorizing the City Manager or his designee to execute Change Order No. 9 in the amount of $103,140.44 with Fulton Construction/Coastcon Inc.-Joint Venture for the Corpus Christi International Airport Terminal Construction Project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kiunison, Longoria, Noyola, and Scott voting "Aye." M2001-1~5 Motion amending the Convention and Visitor's Bureau (CVB) contract to allow the Port of Corpus Christi Authority to appoint one ex-officio (non-voting) member to the CVB Board. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting April 24, 2001 Page 6 13.a. M2001-157 Motion authori>' ng the City Manager or his designee to execute a contract with the Padre Island Property t)wners Association in the amount of $3,215 to construct and install signage for the Padre Island pump-out facility. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 13.b. M2001-158 Motion authorizing the City Manager or his designee to execute a use privilege agreement between the City of Corpus Christi and the Padre Island Property Owners Association to install signage for the pump-out facility. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 14.a. WITHDRAWN 14.b. WITHDRAWN 14.c. WITHDRAWN 14.d. WITHDRAWN Minutes - Regular Council Meeting April 24, 2001 Page 7 15.a. ORDINANCE NO. 024430 Ordinance appropriating $66,277.17 in interest earnings from the Unreserved Fund Balance in the No. 1050-820896 Law Enforcement Block Grant 1996 Grant Fund to purchase computer equipment for the Police Department; appropriating $448.62 in interest earnings from the Unreserved Fund Balance in the No. 1050-820898 Law Enforcement Block Grant 1998 Grant Fund to purchase law enforcement equipment for the Police Department; and appropriating $16,573.04 in interest earnings from the Unreserved Fund Balance in the No. 1050-820899 Law Enforcement Block Grant 1999 Grant Fund to purchase law enforcement equipment for the Police Department. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 15.b. M2001-159 16. 17. Motion approving the purchase of a computer system upgrade from Arrow Wyle Computer Products in accordance with the State of Texas Cooperative Purchasing Program for the total amount of $73,847. The upgraded system is for the Police Department backbone computer system for the Personal Computer network. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kiunison, Longoria, Noyola, and Scott voting "Aye." RESOLUTION NO. 024431 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $98,000 to the Federal Emergency Management Agency for the purchase of 3 rapid intervention kits and 350 brush coats for the Fire Department. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." FIRST READiNG ORDINANCE Ordinance authorizing the City Manager or his designee to execute a five-year lease agreement with the Corpus Christi Police Officer's Association (CCPOA) to lease the Centennial Museum for the purpose of operating a youth athletic/boxing program in consideration for CCPOA ensuring that access to and participation in the program remains open to the general public. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting April 24, 2001 Page 8 Mayor Neal opened discussion on Item 8, youth sports complex restroom improvements. He asked why there was such a large difference between the engineer's construction estimate of $72,285 and the lowest responsible bid of $96,568. Mr. Escobar explained that when this project was initiated, the Sparkling City Fast-Pitch program was eligible for Community Development Block Grant (CDBG) funds and drawings were prepared. However, before the project could be put out for bids, the Fast-Pitch program opened their enrollment city-wide and therefore only the ADA restroom improvements were eligible for CDBG funds. In addition, problems with the soil conditions resulted in the scope of the project being reduced. Council Member Longoria pointed out that Chuck Anastos Associates Inc. received $23,870 and Urban Engineering received $6,000 to design the project. City Manager Garcia explained that the project's original design contained elements (such as storage facilities and concession stands) that had to be eliminated because they were not eligible for CDBG funds. Mr. Escobar said that about $50,000 of CDBG funds were determined to be ineligible and an alternate source of funding could not be found in the budget. Mr. Garcia reiterated that it was an operational decision by the league to open up their membership city-wide that affected their eligibility for CDBG funds. Council Member Colmenero asked about the architectural drawings for the facilities that cannot be constructed at this time. Mr. Escobar replied that they will be shelved in case they can be used in the future. Mr. Garcia noted that the design fees for those facilities have already been paid. Council Member Kinnison asked if the unconstructed portion of this project will be rolled over to the capital improvement program list, and Mr. Tony Cisneros, Director of Park and Recreation, said that it would be. Council Member Kelly asked about the ineligible CDBG funds. Mr. Escobar said since the budget was insufficient, all of the CDBG funds will be used for the ADA restroom construction. Mr. Garcia said there were some questions that needed to be addressed, but them was a consensus of the Council that this project needs to proceed apart from questions about the process that was followed. City Secretary Chapa polled the Council for their votes as follows: 8. M2001-152 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $96,568 with Southwest Standard Construction Inc. for the Youth Sports Complex restrooms (Sparkling City Fastpitch ADA restroom construction). The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett. Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal opened discussion on Item 12, electronic statement processing services. Minutes - Regular Council Meeting April 24, 2001 Page 9 Mr. J.E. O'Brien, 4130 Pompano, questioned why this item is on the consent agenda and he said the background material regarding the bidding information seems incomplete. He also commented that this proposal benefits a San Antonio company rather than a Corpus Christi one. He suggested that this item be tabled until the Council has more information. Mayor Neal said this contract is for a fee not to exceed $1,285,000 and the Council was not given a list of the vendors. Mr. Jorge Cruz-Aedo, Director of Financial Services, said this was a request for proposals (RFP) and only two non-local firms responded during the specified time. City Manager Garcia further explained that it is more expensive for the city to process these electronic statements than it is for a private sector operator. He said if this proposal is approved, staff estimates that the city will save approximately $250,000 over a five-year period. Mr. Garcia said this is one of the areas in which the city is reengineering its operations and limiting costs. Mr. Cmz-Aedo said that one of the criteria was that this work be done by one vendor because of the short time-line involved. He said currently the city processes over 100,000 bills per month. He added that this is a specialized service and is very capital intensive, which are two of the reasons staff is proposing to privatize it. Mr. Cmz-Aedo said one additional response was received after the deadline from a local company, but it was about $500,000 more than the recommended company. Council Member Kinnison said he had questioned staff about this proposal prior to the Council meeting. He noted that staff placed ads in the local newspaper requesting proposals from local vendors and held meetings which no vendors attended. He said he was satisfied with the process that was followed. Council Member Chesney read from the City Council policies regarding use of local businesses. Mr. Cruz-Aedo replied that staff solicits proposals from local vendors using both the local newspaper and written invitations. He said in this case it was determined that there was little likelihood that a local vendor would be able to provide this service, so the RFPs were expanded to include other cities. Mr. Garcia added that not only was the local respondent's proposal more expensive than the recommended vendor's proposal, it was also more expensive than the city's current operation. He said by going to a larger, more efficient contractor, the city can save taxpayers' money and defer capital costs that would have been necessary to continue providing this service. Mr. Chesney said he hopes that the local vendor policy will continue to be followed. In response to Cotmcil Member Colmenero, Mr. Cruz-Aedo discussed the three positions that will be affected, two of which will be reassigned to another department and one of which is a part- time position and will no longer be funded. Council Member Kelly asked how staff arrived at the estimated $50,000 savings each year, which Mr. Cmz-Aedo explained. Mr. Kelly asked what recourse the city will have if the company's performance is not satisfactory. Mr. Cruz-Aedo said performance standards are built into the contract and a project manager will ensure that it is being administered correctly. Replying to Council Member Scott, Mr. Cruz-Aedo said some of Holmes & Shaw's clients include Corpus Christi Area Teachers Federal Credit Union and the local Army/Navy Credit Union, Minutes - Regular Council Meeting April 24, 2001 Page 10 Bexar County Appraisal District, City of Laredo, Houston Electric Co-op and others. Mr. Scott said he thinks this proposal saves the taxpayers money over the long-term. Council Member Garrett said this item should have been placed on the regular agenda with a presentation. City Secretary Chapa polled the Council for their votes as follows: 12. M2001-156 Motion authorizing the City Manager or his designee to execute a five-year Service Agreement with Holmes and Shaw Inc., of San Antonio, Texas, for electronic statement processing services for utility statements and delinquency notices for a fee not to exceed $1,285,000 assuming a 3% increase in volumes over five years. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Longoria, and Noyola voting "Aye"; Kinnison and Scott absent. Mayor Neal referred to Item 18, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 18. Case No. 0301-03. Yoshiko Glass and Charlie Burrouehs: A change of zoning from an "RA" One-family Dwelling District to an "R-IA" One-family Dwelling District on Flour Bluff Heights, Block 5, Lot 12-D, located on the north side of Jester Street, approximately 150 feet west of Marzbacher Drive. City Secretary Chapa said the Plarming Commission and staff recommended denial of the "R-lA" One-family Dwelling District, and in lieu thereof, approval of a Special Permit for a single family residence subject to two (2) conditions. No one appeared in opposition to the zoning change. Mr. Garrett made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 024432 Amending the Zoning Ordinance upon application by Yoshiko Glass and Charlie Burroughs by changing the zoning map in reference to Lot 12D, Block 5, Flour Bluff Heights (currently zoned "PA" One-family Dwelling District) by granting a Special Permit for a single-family residence subject to two (2) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting April 24, 2001 Page 11 Mayor Neal referred to Item 19, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 19. Case No. 0301-04. A.J. and M.C. Ramos Partnership. Ltd.: A change of zoning from a "B-4" General Business District to a "B-1" Neighborhood Business District on Flour Bluff and Encinal Farm and Garden Tracts, Section 29, being 0.586 acre out of Lot 3, located on the north side of McArdle Road extension, approximately 300 feet east of Ennis Joslin Road. City Secretary Chapa said the Planning Commission and staff recommended approval of the "B-i" Neighborhood Business District. No one appeared in opposition to the zoning change. Mr. Colmenero made a motion to close the public hearing, seconded by Mr. Kinnison, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 024433 Amending the Zoning Ordinance upon application by A.J. and M.C. Ramos Partnership, Ltd. by changing the zoning map in reference to 0.586 acre out of Lot 3, Section 29, Flour Bluff and Encinal Farm and Garden Tracts, from "B-4" General Business District to "B-l" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations to the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal opened discussion on Items 20 and 21, street resurfacing projects. Mr. Escobar explained that these two bond 2000 projects also include ADA components and water line replacements and improvements. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20. M2001-160 Motion authorizing the City Manager or his designee to execute an engineering services contract in the amount of $519,000 with LVN Inc. dba Smith, Russo and Mercer for street resurfacing at the following sites: Up River Road (IH 37 to Leopard Street); Ayers Street (SPID to Port Avenue); and Gollihar Road (Crosstown Expressway to Kostoryz Road). The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Longoria, Noyola, and Scott voting "Aye"; Kinnison absent. 21. M2001-161 Motion authorizing the City Manager or his designee to execute an engineering services Minutes - Regular Council Meeting April 24, 2001 Page 12 contract in the amount of $292,605 with Goldston Engineering Inc. for street resurfacing at the following sites: Alameda Street (Parade Street to Ocean Drive) and South Staples Street (Gollihar Road to Williams Drive). The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Longoria, Noyola, and Scott voting "Aye"; Kiunison absent. Mayor Neal opened discussion on Item 22, Southside Transmission Main. City Manager Garcia said this is a multi-phased project that will take several years to construct. It will address the problem of poor water pressure and inadequate water supply in Pressure Zone 2 (the area southeast of Everhart Road). Mr. Escobar explained the seven phases of the project as follows: Phase 1 (which is underway) - construction of a 60-inch waterline from the O.N. Stevens Water Treatment Plant to Clarkwood Road; Phases 2, 2a and 3 - construction of the transmission main to the Staples Street Pumping Plant; and Phases 4, 4a, 5, 6 and 7 - construction of the main across the Laguna Madre to Padre Island. Mr. Escobar said staff is considering alternate routes to avoid having the water distribution main cross the Oso Creek at Yorktown. He said they are discussing the issue with CPL and King Ranch officials. Mr. Escobar said Phases 2, 2a and 3 are scheduled to be completed by December 2003. He said the routing plan for the last five phases will be completed in July 2001 and the project should be ultimately completed in March 2005. He added that the pipe in the Country Creek area has already been installed and is currently functioning. Council Member Kelly asked what impact this project will have on the water pressure in Pressure Zone 1 west of the Stevens Treatment Plant. Mr. Escobar said that pressure zone has already been upgraded and is independent of the work being done in Pressure Zone 2. Replying to another question from Mr. Kelly, Mr. Escobar said staff will bring a proposed drainage master plan to the Council in June, which will enable the consultant to examine not only existing rights-of-way and ditches but also potential outfalls. Council Member Garrett asked about a specific portion of the water main route. Mr. Escobar said the route studies take advantage of the city's existing rights-of-way in that area. He said the goal is to tie into the 42-inch water line on Holly Road to pressurize and feed more water into that system as well as deliver water to the water tank. Mr. Garcia noted that the line leading to the Staples Street Pumping Plant will need to tie into several existing lateral lines. Mr. Garrett said several people who live on FM 2444 have called him regarding water service to their area. Mr. Ed Garafia, Water Superintendent, said in the future the city will start furnishing water to increase system pressures in the London School and Chapman Ranch areas and the capital improvement program has a line item for an outside city limits water system upgrade. Minutes - Regular Council Meeting April 24, 2001 Page 13 Responding to Council Member Scott, Mr. Escobar said Phase 1 will cost $11 million. Mr. Garafia reiterated that the project as a whole will connect the Stevens Treatment Plant to the Staples Street Pumping Plant, which will allow for increased water pressure on the southside of Corpus Christi, Flour Bluff and Padre Island. Mr. Garcia said as each phase is completed, it will provide extra water capacity in each of the major pressure zones. Mr. Scott said he thought that 2005 was too long to wait to relieve the water pressure problems on Padre Island. Mr. Garafia said once a large transmission main is connected to the Staples Street Pumping Plant in about 2003, people on the island will see a noticeable improvement in their water pressure. Mr. Garrett, who lives on Padre Island, said some improvement has already occurred. In reply to Council Member Colmenero, Mr. Garafia described the pounds-per-square-inch water pressure requirements, which are being addressed through these improvements. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 22. M2001-162 Motion authorizing the City Manager or his designee to execute an engineering services contract in the amount of $1,247,003 with Urban Engineering for Southside Transmission Main, Phases 2, 2a and 3. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal announced the executive sessions pursuant to Texas Government Code Section 551.071 regarding the following: Item 24 - City of Corpus Christi v. Texas Municipal League Intergovernmental Risk Pool and Texas Municipal League Joint Self Insurance Fund, No. 01-00327- D, 105 District Court, Nueces County, Texas; June Schultz v. City of Corpus Christi, Docket No. CC-00012366-02-CC-HD48, Texas Workers' Compensation Commission Hearings Division, Corpus Christi Local Office; and similar and related claims and legal issues; and Item 24.5 - George Kines Taylor et al v. City of Corpus Christi, No. 98-61993-3, County Court at Law No. 3, Nueces County, Texas, with possible discussion and action related thereto in open session. (Item 23, Kelly Lewis v. City of Corpus Christi, was withdrawn.) The Council went into executive session. The Council returned from executive session. Mayor Neal made the following motion, which was seconded by Council Member Longoria: 24.5 M2001-163 Motion directing the City Attorney to appeal the ruling of the trial court in George Kines Taylor et al v. City of Corpus Christi, No. 98-61993-3, County Court at Law No. 3, Nueces County, Texas. Minutes - Regular Council Meeting April 24, 2001 Page 14 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal called for the legislative report. City Attorney Bray explained that the state legislative committee working on redistricting issued a "working plan" concerning the local House districts. He said State Representative Vilma Luna's and State Representative Jaime Capelo's districts are located within Nueces County, while District 44 is being proposed to be changed. Mr. Bray said the boundaries of District 44 are proposed to be as follows: the neighborhood along Ocean Drive south of Airline Road and the city precinct in which Representative Gene Seaman lives, Corpus Christi Bay, Port Aransas, Corpus Christi Beach, five precincts in Calallen, and south to Start County. Mr. Bray said the total population of the proposed district would be about 143,000 with 22,500 (17%) of those in Corpus Christi and about 8,000 to 9,000 in Nueces County. He said the proposed district would also include residents in Duval, Jim Hogg, Jim Wells and Start counties. He said the concern is that the proposed district incorporates areas that do not share the coastal or urban interests of Corpus Christi. Mr. Bray said Rep. Luna strongly opposes this plan, and Mayor Neal and other Council members agreed that it needs to be defeated. Mr. Garcia announced the following events: Convention Center Expansion/Arena Oversight Committee meeting on May 2nd; City Council retreat on May 7th; Consolidated Annual Action Plan public hearing at 6 p.m. during the Coun,: ['s May 8th meeting; opening of the new exhibit at the museum on May 18th; joint meeting with the Convention and Visitors Bureau at noon on May 22nd; and presentation of the budget to the Council on May 29th. Mayor Neal requested a status report about the possible use of treated effluent by different entities. He also announced that the Corpus Christi Housing Authority received a rating of 90.7 from the Housing and Urban Development agency, which is a great improvement over its previous ratings. He also noted that Corpus Christi's clean air initiatives were highlighted in Natural Outlook, a publication of the Texas Natural Resource Conservation Commission. Mayor Neal thanked city staff, Mr. Bill Hennings, and the members of industry who have worked diligently on that issue. He then called for Council concerns and reports. Mr. Garrett said neighbors in the 5000 block of Oso Parkway South are requesting permission from the city to plant and maintain vegetation along the drainage ditch at their expense. He asked staff to contact the interested citizens. Mr. Scott asked if legislation had been proposed to address other uses for treated effluent. Mr. Ron Massey, Assistant City Manager for Public Works and Utilities, replied that the city's permit only allows a certain amount of water to be used for irrigation. Mr. Bray said the city's consultant had discussions about that issue but the legislation that was filed was regarding obtaining the diversions without going through the permitting process, which the TNRCC resisted. Minutes - Regular Council Meeting April 24, 2001 Page 15 Consequently, the city has backed off from that issue since the TNRCC said they would expedite the city's Rincon Bayou project. Mr. Massey said the city will pursue the proposal through administrative processes. Mr. Scott asked if the Regional Transportation Authority is interested in trying to leverage local funds with federal monies for the convention center expansion and arena construction. Mr. Garcia said they are very involved in the process and interested in establishing shuttle networks. Mr. Scott also commended the city's management team and he asked that Mr. Utter get involved in the piping plover legislative issue, which could affect development on Padre Island. Mr. Colmenero asked about the possibility of moving a traffic light from a nearby intersection to the intersection of Clemmer and Ayers. Mr. Chesney requested a summary of the city's total revenues and total expenses as well as information regarding "live-aboards" in the Corpus Christi Marina. Mr. Noyola said he had received complaints about a tree at the Gabe Lozano Golf Course. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 5:53 p.m. on April 24, 2001. .__ ~. a. ANIMAL CONTROL ADVISORY COMMITTEE - One (1) vacancy with three-year term to 5-31-04 representing the category of Veterinarian. COMPOSITION It shall consist of seven (7) members. Terms will be for three years. At least one member shall be a veterinarian. Two members shall be the President and Shelter Committee Chairman of the local PAWS--Gulf Coast Humane Society. The remaining four members shall represent the community at large. All members shall serve until their successors are appointed and qualified and each shall be a resident of the City. The City Manager, or his representative, the Director of the City-County Health and Welfare Department or his representative and the Animal Control Supervisor shall serve as ex-officio members of the Board without vote. The Board, by majority vote, shall elect its own Chairman who shall preside at all meetings of the Board and a Vice Chairman who shall act as president in the absence of the Chairman. The Director of the City-County Health and Welfare Department or his designated representative shall serve as the secretary of the Board. MEMBERS TERM ORIGINAL AP~_~)ATE * Dr. Steve Lee (Veterinarian), Chairman Barbara Airheart (Comm at Large), Vice-Chair Drew M. Reining (Comm at Large) Denny Bales (PAWS/GCHS Shelter) Gail Hoffman (Comm at Large) Susan Thiem (Comm at Large) Donna M. Patterson (Pres., PAWS/GCHS) City Manager or Representative Dr. Nina Sisley, Dir. of Public Health Jeff Beynon, Supervisor, Animal Control 5-31-01 5-31-02 5-31-02 Continuous 5-31-03 5-31-03 Continuous Ex-Officio Ex-Officio Ex-Officio 7-08-97 3-15-94 9-26-95 6-13-00 6-13-00 ATTENDANCE RATE OF MEMBERS INTERESTED IN REAPPOINTMENT ~NAME NO. OF MTGS. THIS TERM NO. % OF ATTENDANCE PRESENT L TT YE Dr. Steve Lee (Vet) 11 10 91% OTHER INDIVIDUALS EXPRESSING INTEREST Chris Cooper Executive Director of PALS Animal Shelter. Former director of Gulf Coast Humane Society for 12 years. (Community at Large) (5-18-00) 05-08-01.WPD, page I Judith Ann Sisson Self-employed dog groomer, rescue worker & breeder, Laguna Shores Pet Salon. Attended Schwartz College of Pharmacy, L.I.U. Brooklyn, NY. Volunteers with Lost Pet Hotline, Coastal Bend Small Breed Rescue and grooming for Humane Society and Rescue Grou?s. (Community at Large) ($-1-00) 05-08-01 .WPD, page 2 b. BUILDING CODE BOARD OF APPEALS - Two (2) vacancies representing the following categories: 1 - Engineer and 1 - Building Industry. COMPOSITION Seven (7) members appointed by the City Council for four-year staggered terms. It must include an architect, a general contractor, an engineer, three (3) members at large from the building industry, and one member not connected with the building industry. Quorum shall require four (4) members. ORIGINAL MEMBERS TERM ~ Brian Barnett (Engineer), Chairman 5-04-02 Bill Braselton (Building Industry), Vice-Chair 5-04-04 Emesto Gonzalez (Not conn w/bldg, ind.) 5-04-02 Johnny Cotten (Architect) 5-04-03 Philip Skrobarczyk (Gen. Cont.) 5-04-03 Gerardo Garcia (Building Industry) 5-04-04 Richard Alan Dodson (Building Industry) 5-04-01 8-12-97 10-29-96 5-19-98 7-27-99 6-28-99 5-19-98 5-13-97 Resigned Seeking reappointment ATTENDANCE RATE OF MEMBERS INTERESTED IN REAPPOINTMENT NO. OF MTGS. NAME T~S TERM NO. % OF ATTENDANCE PRESENT LA T RM AR Richard A. Dodson 8 7 87% (Bldg. Industry) OTHER INDIVIDUALS EXPRESSING INTEREST Antonio Arthay Project Structural Engineer, Laurence & Associates. M.S. in Structural Engineering, University of Illinois-Urbana; B.S. Civil Engineering (Honors), Purdue University. Serves as Vice-President of Texas Society of Professional Engineers. Has conducted seismic research and has served as a transportation engineer and forensic engineer. (Engineer) (10-05-99) Dipak V. Desai Environmental Manager, Port of Corpus Christi Authority. M.S. in Mechanical and Petrolenm Engineering; B.S. in Process Engineering. Member of the American Society of Petroleum Engineers, American Institute of Chemical Engineers and Leadership Corpus Christi Alumni XXV. (Engineer) (10-10-00) 05-08-01 .WPD, page 3 Randy Farrar William Green William James Shack Erik Trejo Frank Trimble Ronald B. Wheaton Michael Yankee PresidenffHome Builder, TexCoast Enterprises, Inc. B.B.A. in Accounting, Texas A&M University. Civic/professional activities include: Certified Public Accountant and First Vice-President of Builders Association; 2000 Chairman of the Parade of Homes; Chairman of Governmental Relations Committee. (Building Industry) (2-16-00) Project Manager, Goldston Engineering. B.S. in Civil Engineering, Rice University; M.S. in Civil Engineering, University of Texas. Retirea U.S. Army Officer. Member of Texas Society of Professional Engineers, American Society of Civil Engineers. and Society of American Military Engineers. Active with St. Philip the Apostle Church. (Engineer) (12-01-00) Employed as a cook. Attended W.B. Ray High School. (12-27-00) Hot connected with building industry) Project Manager, Smith, Russo & Mercer Engineers. B.S. in Civil Engineering, Texas A&I University. Registered professional engineer since 1992. Member of American Society of Civil Engineers, Structural Engineers Institute and Auditing Committee for South Texas Area Resource (STAR) Credit Union. (Engineer) (4~05-01) Architect, Wilson Pullman McCord. B.A. in Architecture, Kansas State University; 2 years postgraduate work, Trinity University. Professional/civic activities include: Advisory board member - Interim Health Care Board Director for American Institute of Architects 1997-99; Member of Texas Society of Architects and Member of Corpus Christi Symphony Guild. (Architect) (12-22-99) President, BMW Engineering, Inc. Area of expertise: Mechanical Engineer. B.S. Michigan State University. Licensed by Texas State Board of Professional Engineers. (Engineer) (4-19-00) President, Western Steel Co. B.A. Vanderbilt University. Member of the Rotary Club, Buccaneer Commission and Corpus Christi Mustangs. (General Contractor) (5-18-98) 05-08-01 .WPD, page 4 c. CITIZENS ADVISORY HEALTH BOARD - Two (2) vacancies with terms to 11-11- 02 and 11-11-03. COMPOSITION Eleven (11) members, five (5) members appointed by the City Council for three-year terms and five (5) by the Commissioners' Court; and one member appointed jointly by the City and the County. The board elects its own president and vice president. ORIGINAL MEMBERS TERM APPTD. DATE * Deceased ** Resigned Rose Caballero (County), Chairperson Leo Barrera, Jr. (County), Vice-Chair Melinda Gonzales (City) Oscar Reyna (County) Ikoza Bennett (City) Tone Johnson, Jr. (City) Helen Bechtel (City) Dr. Tony Diaz (County) Cruz Colomo (County) Blanca Rosa Garcia (Joint) Dan Chapa (City) Non-Expiring 4-99 Non-Expiring 4-24-84 11-11-02 8-15-95 Non-Expiring 11-77 11-11-02 12-10-96 11-11-01 11-03-92 11-11-02 6-29-83 Non-Expiring 11-I 1-78 Non-Expiring 1-00 11-11-02 5-09-95 1 I-11-03 5-09-95 INDIVIDUALS EXPRESSING INTEREST Linda Cook, Ph.D. Assistant Professor of Nursing, Texas A&M University - Corpus Christi. Ph.D. in Nursing with emphasis on addictions management, University of Pennsylvania; M.S. from University of Maryland. Has experience in systems assessment in addition to practice and research skills with addicted populations. (10-05-00) Dipak V. Desai Environmental Manager, Port of Corpus Christi Authority. M.S. in Mechanical and Petroleum Engineering; B.S. in Process Engineering. Member of the following organizations: American Society of Petroleum Engineers, American Institute of Chemical Engineers and Leadership Corpus Christi Alumni XXV. (10-10-00) 05-08-01.WPD, page 5 Erika Escobedo-Benson Amanda Stukenberg Agent/Broker, Butch Escobedo Insurance. Member of C.C. Association of Life Underwriters, C.C. Association of Health Underwriters, and the Coastal Bend Health Facilities D~;velopment Corporation. Top producer for individua~ health sales in 1998. (4-30-99) Director of Planned Parenthood of South Texas. B.A. in English, Princeton University. Member of League of Women Voters, Communities in Schools, and Coastal Bend Alliance for Youth. (7-21~97) 05-08-01 .WPD, page 6 NUECES COUNTY COMMUNITY ACTION AGENCY - One (1) vacancy with one- year term to 10-0 I. (City's appointees must be public officials. Traditionally, council members have been appointed and if unable to attend meetings, they designate staff or others as representatives.) COMPOSITION Up to 27 members, three (3) of whom may be appointed by the City Council and submitted through the County Judge to the Community Action Agency at its annual meeting in September for confirmation. Number of members of public officials established annually by the County. MEMBERS PRE Y TERM Mayor Loyd Neal * Council Member Betty Jean Longoria Council Member John Longoria Rev. William Pullam Laura A. Aguifiaga Ramiro Gamboa 10-01 10-01 10-01 * No longer in office 05-08-01.WPD, page 7 e. COASTAL BEND COUNCIL OF GOVERNMENTS - Eight (8) vacancies with two- year terms to 4-30-03. (At least four must be elected officials) COMPOSITION City shall appoint eight (8) members for two-years (but terms shall be at the complete discretion of the City Council), at least four (4) being elected officials. MEMBERS TERM Council Member John Longoria Council Member Javier Colmenero * Council Member Arnold Gonzales Council Member Henry Garrett Council Member Rex Kinnison Council Member Mark Scott David R. Garcia, City Manager Clif Moss 4-30-01 4-30-01 4-30-01 4-30-01 4-30-01 4-30-01 4-30-01 4-30-01 * No longer in office NOTE: City Manager David R. Garcia is recommending the following staff members as alternates - ALTERNATES Armando Chapa Tom Utter Skip Noe Ogilvie Gericke Ed Garafia Ron Massey Mark McDaniel Jorge Cruz-Aedo 05-08-01.WPD, page 8 f. CORPUS CHRISTI CONVENTION AND VISITORS BUREAU - One (1) vacancy with term to 3-01-02 representing the category of At large. COMPOSITION Fifteen (15) members selected directly by the City Council. The members shall be representatives of the following groups: 3 - lodging industry; 2 - restaurant industry; 2 - area attractions; 1 - air/ground transportation industry; and 7 - community at large. The above members shall include persons from all areas of the City in order to assure diverse geographic representation on the Board. The Mayor, City Manager and the Port of Corpus Christi Authority, or their designees, shall serve as additional ex-officio, non-voting members of the Board. Appointments will be for staggered, three-year terms; provided that the term of office of any member who is a public official shall coincide with his or her term of public office. No person may serve as a voting member for a period longer than six months consecutively, unless such service is required by virtue of the person's position or title or to complete an unexpired term. MEMBERS TERM ORIGINAL APPTD. DATI~ Brad Lomax (Restaurant), Chairman 3-01-03 Bert Quintanilla (At large), Vice-Chairman 3-01-02 Govind Nadkami (Lodging) 3 -01-03 Jody Patel (Lodging) 3-01-02 Jim Snow (Lodging) 3-01-02 Bill Goin (Attractions) 3-01-02 Cristina Garza (Restaurant) 3-01-03 Victor Gonzalez (Transportation) 3 -01-01 Tom Schmid (Attractions) 3-01-01 Bill Morgan (At large) 3-01-01 Vangie Chapa (At large) 3-01-03 Linda Routh (At large) 3-01-01 Berney Seal (At large) 3-01-03 John Trice (At large) 3-01-01 Bill Pruet (At large) 3-01-02 Port of Corpus Christi Ex-Officio Mayor Ex-Officio City Manager Ex-Officio 2-22-00 2-22-00 2-22-00 2-22-00 2-22-00 2-22-00 2-22-00 2-22-00 2-20-01 5-16-00 2-22-00 2-22-00 2-22-00 2-22-00 2-22-00 * Resigned NOTE: The Convention and Visitors Bureau Board is recommending the following individuals for the At-large category: Dan Viola or Rocco Montesano. 05-08-01.WPD, page 9 INDIVIDUALS EXPRESSING INTEREST NeillF. Amsler President, A1 Hogan Builder, Inc., BS from Miami University, Board Member of "Making the Grade" school program, Victoria Tech Prep, and Calhoun Victoria Foreign Trade Zone. Various single purpose committees, i.e.: Long Rm~ge Planning Committee of the Golden Crescent Regional Planning Commission, Victoria Chamber of Commerce, and Transportation Committee. (At Large) Bob Becquet Owner, Jason's Deli. Activities include President of C.C. Restaurant Association, Chairman of Finance Committee for St. Pius X Church, Literacy Council and Chamber of Commerce. (Restauran0 (2-16-00) Dennis Brewer Division President, First American Title Insurance Company. Former member of the Convention and Visitors Bureau board in Tyler, TX. Past president of South Tyler Rotary Club. (At large) (4-13-00) N. Foster Edwards CEO, C.C. Association of Realtors. M.A. in Political Science, Southwest Texas State University. President of C.C. Industrial Foundation and Secretary of Nueces County Beach Advisory Committee. Graduate of Leadership Corpus Christi, Class XI. (At Large) (2-02-00) Herbie Garcia, Jr. President, Netreadygo.com, Inc. M.B.A. and B.B.A. in MIS from Texas A&M-Corpus Christi. Member of Hispanic Chamber of Commerce, LULAC and Who's Who in Information Systems Processing. Work history includes working as a Senior Planner with the City of Houston and a Manager in Texas Governor's Office during the Ann Richards administration. (At large) (2-13-00) Mary Garrett President, Mary Garrett & Associates. Fifteen years sales and marketing experience in hospitality industry. Her company recently recognized as one of five largest meeting management companies in Texas. (At Large)(2-09-O0) Guadalupe Gomez President, Laredo National Bank. BBA in Finance. Member of Selena Foundation, Hispanic Chamber of Commerce, Westside Business Association, Gulf Coast Council of La Raza. Currently serving on Senior Community Services Advisory Committee. (At Large) (12-08-99) 05 -08-01. WPD, page 10 Gary Groesbeck Alex Harris Alex Kovach Jim Jones, Ph.D. Sandy Keiser Randy Lara Mary McQueen Anna Mercado-Flores Retail Owner, Padre Staples Mall. Member of Creative Arts Center Board, Vice-President of Finance - Art Museum board and Bayfest Electrical Chairman. (At Large) President, San Jacinto Title Services. M.B.A. in Management, Corpus Christi State University. Activities include member of First United Methodist Church, C.C. Rotary Club and President's Club of Texas A&M-CC. Winner of Leadership Corpus Christi Outstanding Leadership Award, 1992. (At Large) (2-03-00) Business Development Manager, C.C. International Airport. M.A. in Aerospace Management, Embry-Riddle Aeronautical University (N.A.S. - Satellite Campus). Activities include Leadership Corpus Christi alumni, member of Associated Airport Executives. (2-16-00) (Transportation) Retired Professor of Management, Del Mar College. Ph.D., University of North Texas; M.B.A., Texas A&M - CC. Recipient of the Presidents' Award from Hotel Motel Condo Association for significant contributions to the hospitality industry. (At Large) Sales Manager, Thrifty Car Rental. Past Chair of Hospitality Sales & Marketing Association and current Chair, Chamber Ambassadors. (At Large) (2-10-00) Marketing Specialist, Driscoll Children's Hospital. Attended Southwest Texas State University. Active with the Young Professionals Club, C.C. Chamber of Commerce ambassador, and Koch Coastal Bend Community Advisory Council. (At large) (9-13-00) Marketing, Texas State Aquarium. B.B.A. in Management and Marketing, C.C.S.U. Leadership C.C. Alumni, Class XIV. Past distinctions include: three award-winning advertising campaigns for Texas A&M-CC (1993-99) and CCSU-USCC Student Leadership Award (1991). (2-18-00) (Attractions) President, International Meeting Planners. Past Chairperson of Hispanic Chamber of Commerce. Winner of Outstanding Community Service Award. (At Large) 05-08-01.WPD, page 11 Frank "Rocco" Montesano Dave Prewitt W. Mark Rand Jim Rimby Lillian Riojas Greg Salvo Kacie Sicilia Executive Director, U.S.S. Lexington Museum. B.S., United States Naval Academy; Master's in Public Administration from St. Mary's University. Member of Convention and Visitors Bureau Interim Board (Chairman of Nominating Committee), Navy League. Associate Professor for St. Mary's University. Has received two Legion of Merit awards. (Attractions) (2-04-00) General Manager, Holiday Inn - Airport. B.S. from Cal State University. Activities include Vice-President of Hospitality Sales and Marketing Association, volunteer work with Jewish Community Center, member of Westside Business Association and Hispanic Chamber of Commerce. Designated as a Certified Hotel Administrator. (Lodging) (2-17-00) Owner/President, Golden Banner Press. B.S. in Agriculture and Economics, Texas A&M-College Station. Member of American Advertising Federation and Ronald McDonald House. (At Large) Regional Sales Director, Zep Manufacturing. Serves on the Board of Directors for Executive Housekeepers Association and the Propeller Club. Member of the Hotel Motel Condo Association. (At Large) Marketing Manager, Port of Corpus Christi. B.A. from Baylor University. Activities include: AmericanAssociationofPort Authorities, founding member of Young Professionals Club, and member of Junior League and C. C. Literacy Council. Recipient of Top 40, Under 40 Award in 1998. (Transportation) (1-17-01) Sales, Williams Wholesalers. Activities include Sunrise Rotary Club President- Elect, Corpus Christi Area Council for the Deaf, Coastal Bend Restaurant Association and Salvation Army Board. (2-17-00) Marketing, Holiday Inn-Emerald Beach. Activities include President of Hospitality Sales & Marketing Association, member of Coastal Bend Hotel Motel & Condo Association, and volunteer with Humane Society and Women's Shelter. Recipient of 1999-2000 Hotel Motel & Condo Association. President's Award. (Lodging) (2-17-00) 05-08-01.WPD, page 12 Dan Viola Director of Athletics, Texas A&M-Corpus Christi. M.Ed. Educational Administration from the University of Texas at E1 Paso; B.S. in Education from Weber State College. Extensive experience directing college athletics programs in several states. (At large) (4-20-00) 05-08-0 l .WPD, page 13 g. SISTER CITY COMMITTEE - Two (2) vacancies with terms to 9-02 and 9-03. COMPOSITION It shall consist of a Steering Committee of twenty-one members and various subcommittees, members who shall be broadly representative of the racial, religious and ethnic groups in the community. The members shall be appointed by the City Council and shall serve three-year terms or until their successors are appointed and qualified. The Steering Committee shall be responsible for the overall administration and implementation of the City's Sister City program. There shall be a subcommittee for each sister city authorized by Resolution of the City Council. Members of each such subcommittee shall be appointed by the Steering Committee plus members from the conununity at large as deemed necessary and sufficient by the Steering Committee. Each subcommittee shall be responsible, under the direction of the Steering Committee, for primary study, liaison and recommendations for each sister city. The offices of the committee shall consist of a General Chairman, V-Chairman for each of the Sister City subcommittees established in accordance with Sec. 2-152. The Chairman and each vice- chairman shall be elected by majority vote of the sister city committee annually. TERM ORIGINAL A&P_P_T_~. DATE Sue Dulaney, Chair 9-01 9-8-98 Yalee Shih, Vice-Chair 9-02 10-21-97 Johnnie Marie Norman 9-01 9-28-99 Mufid A. Abudiab 9-02 10-10-00 Blanca Becerra 9-02 9-28-99 Lucy Reta 9-02 9-10-96 Gary Hansen 9-01 9-10-96 Drue Combs 9-02 12-14-99 Rachel Gonzalez 9-01 1-23-96 Marvin Davis 9-01 6-13 -00 Ann Jaime 9-02 6-13-00 Rose Gunji 9-01 9-09-97 Elizabeth Iglesias 9-01 12-12-95 Raquel Madrigal 9-01 6-13 -00 Tish Walker 9-02 6-13-00 Judy Benkendorfer 9-03 10-10-00 Danielle Purell 9-03 7-11-00 JoAnn Canales 9-03 10-31-00 Jesfis Rosales 9-03 10-10-00 John Wright 9-03 10-10-00 Lamar Ynostroza 9-03 10-10-00 Has exceeded the number of absences allowed by ordinance 05-08-01.WPD, page 14 INDIVIDUALS EXPRESSING INTEREST Albert Allen Retired Assistant Fire Chief. Owner of Cissi's Flower Shop. Seeking opportunity to learn about different cultures. (9-16-99) Regis Barber President/CEO, South Texas Lighthouse for the Blind. Received B.A. from OLS College and M.A. for St. Mary's University. Regional representative for the General Council of Industries for the Blind and member of the West Corpus Christi Rotary Club. (9- 03-97) Melody H. Cooper Attorney-at-Law. B.A. from Corpus Christi State University; J.D. from University of Texas School of Law. Served as a City Council Member from 1993- 2001. Active with Sister City Committee during her tenure as a Council Member. (5-02-0D Randy Farrar Home Builder. B.B.A. in Accounting, Texas A&M University. Activities include: First Vice President of Builders Association, member of Building Code Task Force, and 2000 Chairman of Parade of Homes. (2-16-00) Frances R. Powell Retired Medical Records Specialist. Attended Del Mar College. Board member of South Texas Famity Planning. Former real estate agent. (4-28-01) Robert Vaughan Self-employed. B.S. in Computer Science. Received recognition from Mayor Mary Rhodes. Believes City should be more educated in different cultures. (9-14-99) Elaine A. Yellen Assistant Professor of Nursing, Texas A&M University-Corpus Christi. Ph.D. in Nursing. Active volunteer with St. Bartholomew's Church. Member of Texas Nurses Association - local chapter. (1-23-01) 05-08-0 I.WPD, page 15 h. TRANSPORTATION ADVISORY COMMITTEE - Three (3) vacancies with three- year terms to 4-30-04. COMPOSITION Nine (9) members appointed by the City Council for three-year terms to provide advice on transportation and traffic safety matters. One member has traditionally been the incumbent security officer at the Naval Air Station. Elects its own Chairman and Vice-Chairman annually. Meets 4th Monday of the month, at 2:00 p.m., City Hall, Council Chambers. MEMBERS TERM ORIGINAL * Anthony Alejandro, Chairman 4-30-01 Stuart Sher, Vice-Chairman 4-30-02 * Robbie Foster 4-30-01 Grace M. Gonzalez 4-30-02 * Israel Ybarra 4-30-01 Orlando Noyola 4-30-03 Clif Moss 4-30-03 Don Davenport 4-30-03 MAC Karla Bennett (NAS Security Officer) 4-30-02 4-28-98 2-17-98 4-11-00 2-13-01 9-10-96 5-27-97 1-23-96 1 - 11-00 5-27-97 * Seeking reappointment ATTENDANCE RATE OF MEMBERS INTERESTED IN REAPPOINTMENT NO. OF MTGS. NAME THIS TERM NO. % OF ATTENDANCE PRESENT LAST TERM YEAR Anthony Alejandro 11 8 73% Robbie Foster 11 10 91% Israel Ybarra 11 9 82% OTHER INDIVIDUALS EXPRESSING INTEREST William J. Green Project Manager, Goldston Engineering. Received B.S. at Rice University. Member of T.S.P.E., A.S.C.E., S.A.M.E. and a former member of the City Manager's Career Development Center. ($-30-00) 05-08-01. WPD, page 16 Mike Patterson Raul Torres Assistant Director of Transportation, CCISD. Holds a B.S. in Criminal Justice and M.B.A. Established special needs transportation within CCISD in 1996. Currently serving on the Mayor's Committee for Persons with Disabilities. (1/25/01) C.P.A. with a B.B.A. and M.B.A. from Texas A&M University in Corpus Christi. Member of Texas Society of CPA's and American Management Association and the Head Start Program. (6-23-97) 05-08-01.WPD, page 17 3 CITY COUNCIL AGENDA MEMORANDUM May 2,2001 SUBJECT: Driscoll Children's Hospital Half Pint Library Presentation AGENDA ITEM: Half Pint Library Presentation by Driscoll Children's Hospital and Half Price Books ISSUE: Presentation by Driscoll Children's Hospital for the Half Pint Library. The Half Pint Library is a partnership between Half Price Books and Driscoll Children's Hospital. The Half Pint Library opended in 1998 and offers the gift of imagination to the hospital's special young patients. Although the library has received more that 50,000 new or gently used books from both Half Price Books and private donations, they are always in need of more. Kathleen Hall, Director of Volunteer Services of Driscoll Children's Hospital and Judy McConnell, District Manager of Half Price Books will make this presentation. This presentation was requested by Mayor Loyd Neal. RECOMMENDATION: This presentation is for informational purposes only and no action is required. Diana Zertuc_~ Garza ~ Management Assistant to the Mayor 4 See Attachment No. 23 5 AGENDA MEMORANDUM DATE: May 4, 2001 SUBJECT: Final Presentation - Wesley Seale Dam Spillway Rehabilitation BACKGROUND: Ron Waters, P.E., Ph.D. will make a final presentation on the Wesley Seale Dam Spillway Rehabilitation that was completed during March of 2001. FUTURE COUNCIL ACTION: 1. Council will be requested to approve a final deductive change order on the project later this meeting. This action is part of the administrative closeout of the project. Council is also being asked to approve the first in a series of monitoring agreements which will ensure the project is performing as intended. This monitoring will involve a three year period of intensive analysis which will then be reduced to the routine annual monitoring required by the TNRCC. 3. Other future Council actions at Wesley Seale Dam will be unrelated to the Spillway Rehabilitation project. __~,~'Angel R~ Escobar, P.E. Director - Engineering Services 6 AGENDA MEMORANDUM DATE: April 3, 2001 SUBJECT: Wesley Seale Dam Annual Inspection and Monitoring Program AGENDA ITEM: a. Motion authorizing the City Manager, or his designee, to execute a contract with Freese & Nichols, Inc. in the amount of $69,500 for engineering services for Annual Inspection and Monitoring Program at Wesley Seale Dam. b. Motion authorizing the City Manager, or his designee, to execute a contract with James L. Christie in the amount of $21,600 for Wesley Seale Dam Non-Remote Instrumentation Reading. ISSUES: 1. TNRCC requires annual inspection and monitoring of dams in the State of Texas. 2. Freese & Nichols recommended that an intensified inspection and monitoring program be inititiated with the completition of the Spillway Stabilization Project. The proposed contracts will permit the City to reinstate the normal annual TNRCC inspection program and provide enhanced inspection and monitoring recommended by the consultant. /~MMENDA/~ Approval of the motions as presented. Eduardo Gara~a, P.E. [~2_PT-LAngel R. Escobar, P.E. Water Superintendent Acting Director- Engineering Services Attachments: Exhibit A - Additional Information Exhibit B - Location Map Exhibit C - Contract Summaries ADDITIONAL INFORMATION SUBJECT: Wesley Seale Dam Annual Inspection and Monitoring Program SUMMARY: TNRCC regulations require an annual inspection program for dams. The inspection program was suspended with the concurrence of TNRCC due to the intensive inspections taking place during the Spillway Rehabilitation Project. Following the completion of any major dam project, the normal practice is to conduct an enhanced inspection and monitoring program. The proposed contracts provide for restoration of the annual inspection program required by TNRCC and an enhanced inspection and monitoring program. It is anticipated that the enhanced inspection and monitoring program will continue for three years, This will be followed by two years of inspection and monitoring that more closely approximates the normal annual inspection required by TNRCC, BACKGROUND: The Wesley Seale Spillway Stabilization Project was completed during March, 2001. The project consisted of the addition of mass ballast to increase the stability and safety factor of the dam. The completed project achieved the objectives of the program allowing the dam to operate at its full conservation pool of 94 feet M.S.L. Other significant improvements include the installation of a parapet wall to (elevation 109.3 feet) which allows the safe passage of the probable maximum flood. Instruments were installed in the spillways for the remote monitoring of the dam. This allows the continuous collection of data for the most critical components of the restoration project. PRIOR COUNCIL & ADMINISTRATIVE ACTIONS: (See Exhibit C) FUTURE COUNCIL ACTIONS: Award of a construction contract. CONTRACT SUMMARY/PROJECT: Two contracts are proposed for the first monitoring period. Freese and Nichols will provide one annual inspection, statistical analysis of the annual precision survey data, and three semi-annual instrumentation data analysis reports. Their first contract is for a nineteen (19) month period. The second contract will be with James L. Christie for monthly reading of remotely monitored instruments to allow verification of instrument calibration. Mr. Christie will also collect monthly reading of old relief wells, piezometers and other instruments located on the earthen embankments. Those instruments were not part of the stability project and were not instrumented for remote monitoring. The embankment wells and instrumentation were not deemed critical to the project, but data collection of the embankment instruments EXHIBIT "A" ] Page 1 of 2 H:\HOME\KEVINS\GEN\WATER\S EALE\5YRSVC~AECONTRA.BKG was recommended by Freese and Nichols as part of the enhanced monitoring program. The initial contract is for a twelve (12) months. It is anticipated the monthly reading of instruments will continue for 36 months. Mr. Christie is a retired USGS geologist retained by Freese and Nichols to read and collect instrument data during the construction project. During contract negotiations it proved more economical to contract directly with Mr. Christie. FUNDING: Funds are available from Water Department Operating Budget. RECOMMENDATION: Approval of the motion as presented. H:\HOME~KEVINS\GEN~WATER\S EALE\5YRSVC~AECONTRA.BKG EXHIBIT "A" I Page 2 of 2 ?^TR~c~O CO. 7'YNAN GARTO COUNTY LN;-- SANDIA LAKE CITY tAKE CORPUS ~TATE LA NUECES FRU~ WESLEY SE. ALE DAM MATHIS ANNUAL ORANGE LOCATION MAP NOT TOSCALE WESLEY SEALE DAM INSPECTION and MONITORING PROGRAM CITY OF CORPUS CHRISTI. TEXAS EXHIBIT "B" CITY COUNCIL EXHIBIT DEPARTI~ENT OF ENGINEERING SERWCES PAGE: I of 1 DATE: 04/04/2001 CONTRACT SUMMARY ANNUAL INSPECTION AND MONITORING PROGRAM (Freese & Nichols) A summary of the engineering services applicable to this contract is as follows: A. SAFETY INSPECTIONS The Engineer will: 1. perform one safety inspection of Wesley Seale Dam in October 2002. The inspections will be performed over a two-day period by a two-man team of registered professional engineers experienced with the rehabilitation of Wesley Seale Dam; provide 15-copies of the safety inspection report to the City Engineer. The safety report will incorporate the latest data plots and a statistical analysis of the latest City precision survey; and present a summary of the safety inspection report to the City Council in December of 2002. B. PRECISION SURVEY STATISTICAL ANALYSES The Engineer will: 1. perform one statistical analysis of the Precision Survey Data provided by the City of Corpus Christi in 2002. The City provided survey data report is to be of the same format and content as the 1999 data report. 2. provide eighteen (18) copies of the statistical analysis report in addition to the copies provide as part of the safety report. The format of this report will be identical to the 1999 statistical analysis report by Dr. Kam Won9 provided to the City by the Engineer in 1999. C. THREE SEMI-ANNUAL DATA REPORTS The Engineer will: 1. provide manpower to input and reduce the monthly data collected by the City at Wesley Seale Dam from April 1, 2001 to November 1, 2002 to produce time-history plots of all instrumentation to include readings or flow measurements from 102 piezometers, 17 extensometers, 25 relief wells and 41 sand drains; 2. provide engineering services to analyze and comment on the three semi-annual time history data plots; and 3. prepare and provide three semi-annual data reports each of which provides a time- history plot for all instruments described in Task C,1. above. These letter repods shall included interpretive comments regarding the data collected and recommendations concerning the future monitoring of the instrumentation at Wesley Seale Dam. The semi-annual reports are to be provided in October 2001and April and October of 2002. All three semi-annual data report are to be provided to the City Staff in six copies. II. FEE The City will pay the Engineer a lump-sum fee of sixty nine thousand five hundred and no/xx dollars ($69,500.00. Summary of Fees: Task Description Fee I.A Annual Safety Inspection 33,200 I.B Precision Survey Statistical Analysis 13,850 I.C Six Month Data Reports (3) 22,450 Total 69,500 Exhibit C-1 Page 1 of 1 CONTRACT SUMMARY INSTRUMENTATION READINGS (James L. Christie) Scope: The geologist will: 2. 3. 4. 5. 6. read 87 non-remoted piezometers once a month; read 17 extensometers once a month; measure flows from 24 relief wells and all spillway drains once per month; read four inclinometers once near the termination of instrument reading program; flush and clean four inclinometer casings once prior to final reading; perform lag time tests for piezometers in north and south spillway once during the instrument reading program; record depth and pump the spillway relief wells once during the instrument reading program; and fax data to Freese Nichols Engineers after each monthly reading. Fee: All services will be provided for a monthly charge of one thousand eight hundred dollars ($1,800.00). Term: The period of performance for this Agreement is May 1,2001 through April 30, 2002 and subject to extension through a mutually agreed amendment evidenced in writing. IExhibit C-2 Page 1 of 1 7 AGENDA MEMORANDUM May 2, 2001 SUBJECT: Wesley Seale Dam Spillway Stabilization Project #8203 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a final change order (No. 8) in the deductive amount of ($34,376.78) with ASI-RCC, Inc. of Buena Vista, Co. for the Wesley Seale Dam Spillway Stabilization Project. ISSUE: Changes in unit quantities to address field conditions require the issuance of change orders. FUNDING: The project was funded by the Water Capital Projects Fund. funding is not required. RECO~A~/I~ND/~TIO/~I: Approval of the motion as presented. Eduardo Garana ~,,-,.r~ Angel R. Escobar. P.E. Water Superintendent ~'-~'t,--Director of Engineering Services Additional Additional Suooort Material Exhibit A: Background Information Exhibit B: Prior Council/Administrative Actions Exhibit C: Preliminary Budget Exhibit D: Location Map Page 1 of 1 H:\HOM E\KEVI N S\GEN\WATER\SEALE\CON STRUC\!COSM MO ADDITIONAL INFORMATION SUBJECT: Wesley Seale Dam Spillway Stabilization Project #8203 SUMMARY: The project has been completed. The necessary administrative tasks to formally close the project include the final quarterly presentation, receipt of contractual required affidavits/releases, project budget reconciliation, and approval of any remaining change orders. BACKGROUND: Project closeout does not usually require a deductive change order. This project has been carefully documented to account for any changes that occurred during the project. This has included change orders to document decreases and increases various unit quantities even when no change to the contract value was necessary. This was done to provide a record of the actual work performed in the future. PRIOR COUNCIL & ADMINISTRATIVE ACTIONS: The prior Council and administrative actions related to the construction contract for this complex project are attached. (See Exhibit B) CHANGE ORDER No. 8: Change Order No. 8 deleted various items not needed or used during the project. The deletions included such items as unused quality assurance testing, roller compacted concrete/mass concrete, crack grouting, and reinforced ballast concrete. The additions to Change Order No. 8 included additional sheet piling and an increased quantity of cement. FUTURE COUNCIL ACTIONS: Annual monitoring contracts will be required as part of the normal operation and maintenance of the facility. FUNDING: No Funds are required for this item. See Exhibit C. RECOMMENDATION: Approval of the motion as presented. L EXHIBIT"A" ] Page 1 of 1 H:\HOME\KEVIN S\GEN\WATER\S EALE\CONSTRUC\!COS.BKG DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET May 18, 2000 PROJECT: WESLEY SEALE DAM SPILLWAY REHABILITATION PROJECT NO: 8203 APPROVED: City Council on 6/8/99 - Motion No. M99-171 CONTRACTOR: ASI RCC, INC. 28221 CR 319 Buena Vista, CO 81211 TOTAL CONTRACT AMOUNT ..... $ 16,402,850.00 25% Limit Amount .................... 4,100,712.50 Change Order No. 1 Change Order No. 2 Change Order No. 3 Change Order No. 4 Change Order No. 5 (2/21/00 ........... (5/03/00 ........... (6/01/00 ........... (6/19/00 ........... (11/15/00 .......... Change Order No. 6 (2/08/01 ........... Change Order No. 7 .................. Change Order No. 8 .................. Total ............................ 11,295.00 1,351.35 0.00 1,812,870.75 0.00 0.00 0.00 (34,376.78) 1,819,990.32 = 10.92% < 25% I Exhibit B 1 Page 1 of 1 PRELIMINARY BUDGET WESLEY SEALE DAM SPILLWAY STABILIZATION CORPUS CHRISTI, TEXAS April 30, 200'1 (Construction Phase Only) FUNDS AVAILABLE: PRELIMINARY BUDGET('1) PROJECTED BUDGET(2) Utility System CIP Fund (No. 4083) 26,235,000 26,235,000 Total I 26,235,000 26,235,000 FUNDS REQUIRED: Construction 16,402,850 18,193,990.32 Total Contingencies 3,536,120 0.00 Construction Phase Svcs. (Arch./Engineer) 1,856,500 1,856,500.00 Assistant Resident Engineer 357,500 177,500.00 NE Board of Review 29,000 157,301.60 Indpendent Reviews 6,103.80 Engineering & Survey Reimbursements 475,000 130,000.00 Construction Inspection (part of Construc. Phase Engr. Services & Asst. Res. Engr Services) QC Testing (Included in Construction Contract. If QA is required it will be paid out of contingencies) Admin. Reimbursements 25,000 144,223.90 Bond Issuance Costs/Underwriters/Insurance 354,985 354,985.00 Miscellaneous Expenses (Printing, Advertising, Express, 15,000 15,675.55 etc.) TotalI 23,051,955I 21,036,280.17 Variance 3,183,045 5,198,719.83 (1) Budget as presented at time of construction contract award. (2) Projected Final Budget pending final reconciliations. I Exhibit C 1 Page 1 of I CO. SANDIA ~ LAKE CORPUS S~TE ~ NUECES FRUTA WESLEY SEALE DAM JIM V/ELLS CO. ..,~4N PATRIClO CO. N NESLEY SE. ALE DAM LA FRUTA BRIDGE CITY PROJECT 8203 LOCATION MAP NOT TO SCALE EXHIBIT "D" WESLEY SWALE DAIVI SPILLWAY STABILIZATION PROJECT (CHANGE ORDER NO. 8) Cl7¥ OF CORPUS CHRISTI, ~ CITY COUNCIL EXHIBIT ~ DEPARTMENT OF ENGINEERING SERVICES PAGE: I ol= I ____--'- DATE: 05-01-2001 ~ DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET May 18, 2000 PROJECT: WESLEY SEALE DAM SPILLWAY REHABILITATION PROJECT NO: 8203 APPROVED: City Council on 6/8/99 - Motion No. M99-171 CONTRACTOR: ASI RCC, INC. 28221 CR 319 Buena Vista, CO 81211 TOTAL CONTRACT AMOUNT ..... $ 16,402,850.00 25% Limit Amount .................... 4,100,712.50 Change Order No. 1 Change Order No. 2 Change Order No. 3 Change Order No. 4 Change Order No. 5 (2/21/00) ........... (5/03/00) ........... (6/01/00) ........... (6/19/00) ........... (11/15/00) .......... Change Order No. 6 (2/08/01) ........... Change Order No. 7 .................. Change Order No. 8 .................. Total ............................ 11,295.00 1,351.35 0.00 1,812,870.75 0.00 0.00 0.00 (34,376.78) 1,819,990.32 = 10.92% < 25% 8 Requested Council Date: 5/8/01 Alternate Date: 5/15/01 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving supply agreements with the following companies, for the following amounts, for approximately 2,100 gas meters in accordance with Bid Invitation No. BI-0105-0 l based on low bid and only bid for an estimated annual expenditure of $153,432. The term of the contracts will be twelve months with an option to extend for up to two additional twelve month periods. These meters will be used by the Gas Department and funds have been budgeted in FY00/01. National Meter, Inc. Lancaster, OH Bid Item 1 Total: $90,000 McGinnis Industrial Sales, Inc. Houston, TX Bid Items 2 - 7 Total: $63,432 Grand Total: $153,432 BACKGROUND: Purpose: The Gas Department installs these meters to record the amount of natural gas used by customers. These meters will be used in new service installations as well as replacements. Bid Invitation Issued: 13 Bids Received: 4 Previous Contract: The option to extend the previous contract had been exercised, requiring the receipt of new bids. Price Analysis: Pricing in the aggregate has remained stable since the last contract of 1998. Award Basis: Low bid Item 1. Only bid Items 2 - 7. Bids received from Roots Meters & Instruments, Houston, Texas and Schlumberger RMS, Owenton, KY have been deemed as non-responsive. Roots Meter & Instruments has submitted pricing on an alternate "rotary" type meter and have taken exception to the City's standard terms and conditions. Schlumberger RMS has taken exception to the City's standard terms and conditions. Fun~ng: Ii ~/~ Gas Department mich~elX, BarreraX /g Procurement and General Services Manager 520150-4130-34130 $155,000 CITY Of CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO BID TABULATION BI-0105-01 Diaphragm Gas Meters National Meters, Inc. McGinnis Industrial Sales Lancaster, OH 43130 Houston, TX Unit I ~tended Unit I Extended Item Description Qty. Pdce Price Price Price 1 200 cu. Ft. meter, I 2000 $45.00 $90.000.00 $57.00 $114,000.0{3 2 300 cu. FL meter, I 1/4" 50 0.00 0.00 125.00 6.250.0~ 3 400 cu. FL meter, 1 1/4" 20 0.00 0.00 185.00 3.700.00 4 1,600 cu. Ft. meter, I 1/2 15 0.00 0.00 645.00 9.675.00 5 3,000 cu. Ft. meter, 3" 15 0.00 0.00 1,745.00 ~ 6 5,000 cu. Ft. meter, 4" 4 0.00 0.0(~ 2,520.00 10.080.00 7 10,000 cu. Ft. meter, 4" 2 0.00 0.0¢ 3,776.00 7.S52.00 Totals Grand Total Award $90,000.00 $63,432.00 Note: Bids received from Roots Meter & Instruments of Houston, Texas and Schlumberger RMS, Owenton, KY have been deemed as non-responsive. Roots Meter & Instruments has submitted pdcing on an alternate "rotaPJ" type meter and have taken exception to the City's standard terms and conditions. Schlumberger RMS has taken exception to the City's standard terms and conditions. AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Mueller Company, Decatur, Illinois for approximately 4,625 gas meter valves ranging in size from 1" to 1 ½" in accordance with Bid Invitation No. BI-0113-01 based on low total bid for an estimated annual expenditure of $48,025. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Gas Department for FY 00-01. BACKGROUND: Purpose: The gas meter valves will be purchased and used by the Gas Department to control the flow of gas at the meter. Previous Contract: The option to extend the current contract was not exercised, due to revisions made to the bid on the quantities by the department. Bid Invitations issued: Fifteen Bids Received: Three Price Analysis: Pricing has decreased approximately 1% since the last contract of April 2000. Award Basis: Low Total Bid Low bid submitted by A.Y. McDonald Mfg. Co., Dubuque, IA, for Items 2 & 3 is a total annual price difference of $29.50 less than Mueller Co., Decatur, IL. This is the only possible award for A.Y. Mc Donald. There is no economic justification to establish and administer a separate supply agreement for this amount. Funding: MichaelXBarrera, 12 Procurement and Organization Name Gas Department ~neral Services Manager 520160-34130-4130 Amount $ 55,000 BID INVITATION BI -0113-01 GAS METER VALVES BUYER: ESTHER C. BARRERA UNIT DESCRIPTION QTY. UNIT I PRICE 1 1" INLET X 1" INSULATED UNION 4500 EACH $10.35 COUPLING OUTLET 10/p/bx 2 1" INLET X 1" OUTLET 15/p/bx 100 EACH 3 1 1/2" INLET X 1 1/2" OUTLET 7/p/bx 25 EACH CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION CO. A. Y. McDONALD MFG. CO. IL DUBUQUE, IA TOTAL UNIT TOTAL PRICE PRICE PRICE $46.575.00 $11.37 $51,165.00 9.00 900.001 8.76 22.00 550.00 21.78 NATIONAL METER, INC. LANCASTER,OH UNIT TOTAL PRICE PRICE $13.00 $58,500.00 876.00 10.10 1010.00 5 1 25.00 625.00 TOTAL I $48,026.001 $52,58550 (•) Note. Low bid submitted by A.Y. McDonald Mfg. Co., Dubuque, IA, for items 2 and 3 is a total annual price difference of $29.50 less than Mueller Co., Decatur, IL. This is the only possible award for A. Y. McDonald. There is no economic justification to establish and administer a separate supply agreement for this amount. $60135.00 i 10 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement for approximately 635 magnesium anodes with Diamond Edge, Lytle, Texas, based on low bid, in accordance with Bid Invitation No. BI-0114-01 for a total estimated annual expenditure of $53,510. The term of the contract will be twelve months with option to extend for up to two additional twelve-month periods, subject to the approval o£ the contractor and the City Manager, or his designee. Funds have been budgeted by Gas Department in FY 00-01. BACKGROUND: Purpose: The magnesium anodes are used in the Gas Department for cathodic protection of gas lines. Previous Contract: The option to extend the previous contract was exercised, requiring new bids to be received. Bid Invitations issued: Twelve Bids Received: Six Price Analysis: When compared to previous contract, pricing has decreased approximately 33%. The decrease is due to new bidders interest. Award Basis: Low Bid Funding: Activity Name Organization Number Account Number Amount Gas 34130 520130 $53,510 M~chael Barrerax, E(. P M Procurement and General Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BID INVITATION NO.: BI -0114-01 MAGNESIUM ANODES HU i ER: ES T ICER �. on�r«rv+ ITEM DESCRIPTION QTY UNIT DIAMOND EDGE LYTLE,TX. UNIT TOTAL PRICE PRICE GAJESKE, INC. HOUSTON,TX UNIT TOTAL PRICE PRICE MESA PRODUCTS HOUSTON, TX. UNIT TOTAL PRICE PRICE HARCO TECHNOLOGOGIES HOUSTON, TX. UNIT TOTAL PRICE PRICE BRANCE- KRACHY CO. HOUSTON, TX. UNIT TOTAL PRICE PRICE GLOBAL CATHODIC PROTECTION, INC. HOUSTON, TX. UNIT TOTAL PRICE PRICE MAGNESIUM ANODES 1 48 LB. 600 EA $88.00 $52,800.00 $102.00 $61,200.00 $112.85 $67,710.00 $114.05 $68,430.00 5115.10 $69,060.00 $115.65 $69,390.00 2 17 LB. 5 EA 34.00 170.00 37.00 185.00 49.00 245.00 44.00 220.00 43.50 217.50 45.00 225.00 3 9 LB. 30 EA 18.00 540.00 20.00 600.00 32.00 960.00 25.25 757.50 26.10 783.00 26.50 795.00 e1n .4A nn $53.51000 $61,985.00 $68,915.00 $69,407.50 yfu'u V.au .nV. CITY COUNCIL AGENDA MEMORANDUM May 1, 2001 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a 12-month maintenance agreement with Hewlett-Packard Company in the amount of $57,150.67 for hardware and operating system maintenance based on sole source. ISSUE: On March 24, 1998, City Council authorized the purchase of computer equipment, consisting of dual servers, from the Texas Department of Information Resources based upon the State cooperative purchasing agreement. These servers were purchased as part of the City's plan to replace outdated mainframe systems with state-of-the-art technology using the HP-Unix operating system. The PeopleSoft financials, human resources, and payroll systems are being run from these servers. Hewlett-Packard has submitted three quotes, one for each server. Quote 59456573 is for server CP000SBMY100240 for $13,350.67; quote 59469851 is for server CP000SBMA007937 for $27,564; and quote 59456482 is for server CP000SBMA008502 for $16,236. Hewlett-Packard is the sole provider of hardware and operating system maintenance for these servers. According to Local Government Code 252.022(a)(7)(D), these are sole source procurement. Legal staff has already reviewed these quotes. FUNDING: The total cost of $57,150.67 will be funded from the MIS Department current fiscal year operating budget. This purchase is within total project budget. REQUIRED COUNCIL ACTION: City Council approval is required for purchases over $15,000. RECOMMENDATION: Staff recommends the purchase of 12 months hardware and operating system maintenance from Hewlett-Packard for the total amount of $57,150.67. Ogilvie F. Gericke Director of Information Systems W000502 l.doc HEWLETT QUOTATION FOR SUPPORT SERVICES PACKAi:IO SUPPORT IDENTIFIER: CP000SBMYI00240 AGREEMENT START DATE: 05/24/01 SUPPORT AGREEMENT NUMBER: 3188B6542 END DATE: 05/23/02 PROPOSAL NUMBER: 59456573 SUPPORT SERVICES SUMMARY Product Number Description Qty List Price H5355A Hardware, Software and Network Support 1 $ 13,350.67 4 Hr. on-site response, 24x7 1 Network support declined 1 CD-ROM (disk only) 1 Manuals on CD-ROM 1 Central system(s) in support group N4XXX/3 - 4 CPUs 1 SW dev support 1 24x365 Phone-in SW assist eligible prods 1 Total Quotation Price $ 13,350.67 NOTE: Please see the Summary of Charges page for the expected billing by invoice period. All quoted prices are valid for 90 days from March 09, 2001 Subject to Hewlett-Packard Company (HP) Terms and Conditions of Sale and Service Exhibit El6, and HP System Support Exhibit 5. PLEASE READ THE ENCLOSED HP YEAR 2000 SUPPORT SERVICES INFORMATION SHEET FOR IMPORTANT INFORMATION REGARDING HP SUPPORT AND THE YEAR 2000. For HP Internal Use Only: 00355266S Support Order Number: Agreement 1 Page 2 March 09. 2001 ~'~'~ H EWL£'TT QUOTATION FOR SUPPORT SERVICES PACI~RO SUPPORT IDENTIFIER: CP000SBMA007937 AGREEMENT START DATE: 05/24/01 SUPPORT AGREEMENT NUMBER: 3188B2872 END DATE: 05/23/02 PROPOSAL NUMBER: 59469851 SUPPORT SERVICES SUMMARY Product Number Description Qty List Price H5355A Hardware, Software and Network Support 4 Hr. on-site response, 24x? Network support declined CD-ROM (disk only) Manuals on CD-ROM Central system(s) in support group K4x,vd5xx/2W SW dev support OpenView apps :~4x365 Phone-in SW assist eligible prods $ 27,564.00 Total Quotation Price $ NOTE: Please see the Summary of Charges page for the expected billing by invoice period. All quoted prices are valid for 90 days from March 09, 2001 Subject to Hewlett-Packard Company (HP) Terms and Conditions of Sale and Service Exhibit El6, and HP System Support Exhibit 5. PLEASE READ THE ENCLOSED HP YEAR 2000 SUPPORT SERVICES INFORMATION SHEET FOR IMPORTANT INFORMATION REGARDING HP SUPPORT AND THE YEAR 2000. 27,564.00 For HP Internal Use Only: 0035§266S Agreement Support Order Number: Page March 09, 2001 ~'~1 HEWI.ETT QUOTATION FOR SUPPORT SERVICES SUPPORT IDENTIFIER: CP000SBMA008502 AGREEMENT START DATE: 05/24/01 SUPPORT AGREEMENT NUMBER: 3188B2882 END DATE: 05/23/02 PROPOSAL NUMBER: 59456482 SUPPORT SERVICES SUMMARY Product Number Description Qty List Price H5355A Hardware, Software and Network Support I $ 16,236.00 4 Hr. on-site response, 24x7 1 Network support declined 1 CD-ROM (disk only) 1 Manuals on CD-ROM 1 Additional system(s) in support group 1 K4xx/5xx/2W 1 24x365 Phone-in SW assist eligible prods Total Quotation Price $ 16,236.00 NOTE: Please see the Summary of Charges page for the expected billing by invoice period. All quoted prices are valid for 90 days from March 09, 2001 Subject to Hewlett-Packard Company (HP) Terms and Conditions of Sale and Service Exhibit El6, and HP System Support Exhibit 5. PLEASE READ THE ENCLOSED HP YEAR 2000 SUPPORT SERVICES INFORMATION SHEET FOR IMPORTANT INFORMATION REGARDING HP SUPPORT AND THE YEAR 2000. For HP internal Use Only: 0035§266S Agreement Support Order Number: Page March 09, 2001 12 AGENDA MEMORANDUM SUBJECT: O.N. Stevens Water Treatment Plant Chemical Storage and Feed System Addition and Upgrade (Project No. 8269/8270) AGENDA ITEM: A. Motion authorizing the City Manager, or his designee, to execute a Contract for Public Health Services with the Texas Department of Health for a new fluoride storage and feed facility as part of the Chemical Storage and Feed System Addition and Upgrade Project at the O. N. Stevens Water Treatment Plant. Ordinance appropriating $141,435 from the Texas Department of Health in the No. 1050 Federal/State Grants Fund for purchase, installation, operation, and maintenance of fluoridation equipment; and declaring an emergency. ISSUE: Funding is available from the Texas Department of Health for the new fluoride storage and feed facility at the O. N. Stevens Water Treatment Plant. Appropriation of the funding is necessary to allow the City to proceed with the improvements. FUNDING: The motion and ordinance do not require expenditure of funds at this time. Funding for the project will be available from Contract with the Texas Department of Health. RECOMM~NDATIO~I: Approval of the ordinance as presented. Eduardo Gara~a, P. E., Water Superintendent ¢'~"~-'Angel R. Escobar, P. E., - Director of Engineering Services Additional Support Material: Exhibit "A" Background Information H AH OME~VEL MAR\G EN\WATER~ON S~8269~TDFAAGEN DA M MO BACKGROUND SUBJECT: O.N. Stevens W~,ter Treatment Plant Chemical Storage and Feed System Addition and Upgrade BACKGROUND INFORMATION: The water treatment process requires application of various disinfectant chemicals. In October 1995, the Council approved the annual Capital Budget initiating a multi-year program of improvements to O. N. Stevens Water Treatment Plant. The program was designed to enhance safety in chemical usage and monitoring. The program was also designed to ensure compliance with water quality regulations imposed by the Safe Drinking Water Act. The first of these projects, the ammonia gas measurement building was completed in June 1996. Subsequently, the intake of Lake Texana water has imposed additional requirements for upgrading the Stevens Plant chemical feed systems. An Engineering Contract was executed in the amount of $780,565 with BHP Engineering for the subject project on March 7, 2000 (Motion No. M2000-068). The engineering contract provides for the combination of three major Capital Improvement Projects, and four Capital Outlay projects that had been reduced to two capital construction projects. During the review of the projects it was determined the inter-related nature of the various projects required project coordination that could be best achieved by a single design contract. The contract will provide in development of plans and specifications for two construction contracts with estimated values of $710,000 and $3.05 million. The major components of the consolidated project include: · replacement of the anhydrous ammonia storage and feed system; · replacement of the existing liquid aluminum sulfate (LAS) storage and feed system; · other feed control systems needed to meet treatment standards; · inspection, operations training, re-engineering and development of LAN architecture; · evaluation of various operational enhancements; · development of a Facility Optimization Plan for the west end of the O. N. Stevens Water Treatment Plant; · upgrade of SCADA (system control and data acquisition) architecture; and · evaluation of phosphate use. Complying with water quality requirements, imposed the by the Drinking Water Act, is an integral element of the proposed engineering services contract. H:\HOME\VELMARIGEN~WATER\ONS/8269~TDH~AGENDA BKG I EXHIBIT "A" Page I of 2 FUTURE COUNCIL ACTION: Award of the construction contract as required by the project. PROJECT: The existing fluoridation system is located at the head of the plant with the chemical injection point being located in the Receiving Unit. Some of the chemical is lost in the flocculation and settling process in the basins before leaving the plant. In addition, the current system is obsolete requiring manual adjustments at the metering pump each time the treatment rate at the plant is changed. The current storage tanks are at the end of their useful life and require replacement. The upgraded fluoride (fluorosilicic acid) storage and feed facility will include three (3) 5,400-gallon double-containment bulk storage tanks placed inside a concrete containment pad; stairways, landings, and catwalks between tanks; a common transfer pump manifolded from the bulk storage tanks and two (2) 250- gallon day tanks; four (4) electronic solenoid type metering pumps controlled by the plant SCADA. The chemical dosage rate will be flow-paced to match the plant's production rate eliminating manual adjustments. FUNDING: The proposed contract will result in the City receiving $141,435 from the Texas Department of Health. H:\HOME~VELMAR\GEN\WATER\ONS~82691TDH~AGENDA BKG EXHIBIT "A" PacJe 2 of 2 t C:Vemp % 34130.da CITY OF CORPUS CHRISTI, TEXAS APPROPRIATION EXPENDITURE REPORT BY ORGANIZATION FOR THE 10 MONTHS ENDED MAY 03, 2001 ORGANIZATION: 34130Gas construction Amended Acct 6 Account Description Original Budget Budget Expenditures Encumbrances Pre- Unencumbered encumbrances Balance %of Budget Expended 510100 Salaries and Wages 1,218,416.63 1,218,416.53 688,434.87 0.00 0.00 529,981.66 56.50 510200 Overtime 80,669.10 80,569.10 33,169.81 0.00 0.00 47,389.29 41.17 010300 Other Pay 7,457.00 7,467.00 8,375.62 0.00 0.00 (918.62) 112.32 511000 Retirement 240,262.71 240,262.71 131A07A4 0.00 0.00 108,846.27 54.70 613000 Group insurance benefits 112,992.00 112,992.00 94,160.00 0.00 0.00 18,832.00 83.33 614000 Tuition reimbursement 0.00 0.00 99.00 0.00 0.00 (99.00) nla 520030 Chemica0household supplies 6,800.00 8,800.00 TA62A8 0.00 0.00 (662.48) 109.60 520040 Clothing 22,286.00 15,186.00 6,897.27 0.00 0.00 9,287.73 38.84 620050 Fuel S lubricants 37,300.00 37,300.00 15,4117.66 0.00 0.00 21,862A4 41 Al 520060 Books and Periodicals 0.00 0.00 560.80 0.00 0.00 (550.80) Na 620090 Minor tools & equipment 67,600.00 67,665.00 36,210.73 4,129.71 0.00 17,324.56 69.96 520100 Minor computer equipment 19,720.00 20,717.60 2,588.81 2,020.32 0.00 16,108.31 22.26 620110 Minor office equipment 12,000.00 12,000.00 0.00 349.94 0.00 11,660.06 2.92 620120 Office Supplies 800.00 800.00 256.16 62.67 0.00 48227 39.72 620130 Maintenance materials 94,000.00 94,000.00 101,696.16 628.31 0.00 (8,323A6) 108.86 620140 Hydrants parts & supplies 0.00 0.00 50.17 0.00 0.00 (60.17) n1a 520150 Meterlsery connect materials 107,500.00 266,168.93 106,865.34 6,482.37 0.00 162,811.22 42.37 520160 Pipe, fittings, drainage 664A98.60 684,672.50 310,101.67 12,152.62 0.00 262,418.31 55.12 530000 Professional services 16,000.00 16,925.00 4,498.14 15,136.00 0.00 (2,708.14) 116.00 530070 Temporary services 0.00 76,000.00 133,181.93 8,961.07 0.00 (66,133.00) 187.02 630100 Vehicle repairs 0.00 0.00 63.75 0.00 0.00 (63.75) nia 630140 Postage & express charges 0.00 0.00 60.26 0.00 0.00 (60.26) rda 630160 Uniform rentals 0.00 7,100.00 1,130.07 506.74 0.00 6,263.19 26.87 630160 Rentals 16,000.00 16,000.00 13,505.31 46.30 0.00 2,448.39 84.70 630170 Mileage reimbursement 6,000.00 6,000.00 0.00 0.00 0.00 6,000.00 0.00 630180 Lease vehicle rental 0.00 0.00 7.466.53 0.00 0.00 (7,466.63) Ne 530200 Telephonettelegraph service 0.00 0.00 882.71 0.00 0.00 (882.71) nia 530210 Building maint& service 114,343.00 114,343.00 1,936.00 2,706.00 0.00 109,702.00 4.06 630230 Equipment maintenance 43,000.00 43,000.00 6,739.04 102.96 0.00 37,156.00 13.69 630240 Radio maintenance 800.00 800.00 0.00 0.00 0.00 800.00 0.00 630260 Memberships & dues 830.00 830.00 1,082.82 0.00 0.00 (252.82) 130AS 530500 Printing advertising & PR 990.00 990.00 1,718.16 167.68 0.00 (896.84) 190A9 630610 Street cut repairs 88,800.00 88,800.00 3,20027 0.00 0.00 85,599.73 3.60 630520 Printing outside print shops 500.00 600.00 47.00 0.00 0.00 453.00 9A0 548010 Fleet Repair Costs Alloc 144,672.00 144,672.00 120,660.00 0.00 0.00 24,112.00 83.33 548020 VehiclelEquip Pool Albs 2,892.00 2,892.00 2,410.00 0.00 0.00 482.00 83.33 648070 Copy/Print Shop Alloc 300.00 300.00 250.00 0.00 0.00 60.00 83.33 548120 Self Insurance Alloc 98,932.00 98,932.00 82,443.30 0.00 0.00 16,488.70 83.33 650006 Land & Land Rights 9,945.00 14,945.00 14,624.00 0.00 0.00 421.00 97.18 650010 Buildings 0.00 1,293.00 0.00 1,250.00 0.00 43.00 96.67 550030 Improvements other than Btdg 2,500.00 6,912.64 0.00 4,412.64 0.00 2,500.00 63.83 660040 Other Equipment 28,000.00 28,000.00 5,445.55 1,150.00 0.00 21 A04.45 23.56 TOTAL 3,156,584.84 3,423,210.91 1,943,106.86 69,263.13 0.00 1,420,850.90 WAS Page 1 5132001 9:36 AM ORDINANCE APPROPRIATING $141,435 FROM THE TEXAS DEPARTMENT OF HEALTH IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR PURCHASE, INSTALLATION, OPERATION, AND MAINTENANCE OF FLUORIDATION EQUIPMENT; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $141,435 from the Texas Department of Health is appropriated in the No. 1050 Federal/State Grants Fund for purchase, installation, operation, and maintenance of fluoridation equipment. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the ~ day of ,2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: This 3rd day of May, 2001: James R. Bray, City Attorney R. Ja~'Reihing First Assistant City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi R 13719A2.wpd 13 AGENDA MEMORANDUM DATE: April 30, 2001 SUBJECT: Remediation - City Hall - Floor 1 - Project 4225 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $20,828.80 with Bexar Environmental Services, Inc. of San Antonio, Texas, for the Remediation of City Hall Floor 1 project. ISSUE: A mold infestation was discovered during indoor air quality testing which requires the award of a contract to mitigate the area. FUNDING: Funding will be provided by the Self Insurance Fund. RECOMMENDATION: Approval of the motion as presented. Constance Sanchez Acting Director of Risk Management ~:z~_~)ngel R. Escobar, P. E. irector of Engineering Services Attachments: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Background Project Budget Location Map Bid Tab Summary H:\HOM E\KEVIN S\G EN\CITYHALL\ENVIRON\!MITIGAA.M ADDITIONALBACKGROUNDINFORMATION SUBJECT: Remediation - City Hall - Floor 1 BACKGROUND: The City has periodically conducted indoor air quality sampling for City Hall. These reports have generally indicated the air quality in City Hall is of good quality. Problem areas were generally insignificant and corrected by improved housekeeping and maintenance. During a sampling visit conducted last year, approximately 820 square feet of office area on the first floor was found infested with mold. The mold could pose a health hazard to individuals with mold sensitivities or impaired immune systems. Employees were relocated to other areas. The affected offices contained by sealing the area and ventilation of the area turned off. A review and investigation of the best method of proceeding resulting in several actions. The consultant was directed to prepare a bid package to mitigate the mold including the proper removal and disposal of affected building materials. Other actions included establishing a pedodic monitoring program to ensure a healthy working environment in City Hall. Other City buildings have and will be sampled as warranted in response to employee concerns and known leaks. Departments have been authorized to purchase air filtration units for employees with allergies or sensitivity to molds. Project Description: The project provides for the removal of mold-contaminated building materials from an area of approximately 820 square feet on the first floor of City Hall. The work will be accomplished under full containment and close supervision of the consultant. Replacement of floor, wallboard and other materials will be completed by Facility Management personnel. Replacement materials will be selected that are inhospitable to mold growth. Bids: The project was bid as a base bid. The total base bid on the proposal form submitted by Coastal Contractors was $20,875. The total base bid on the proposal form submitted by Bexar Environmental Services was $21,878. These bidders had mathematical errors in their extension of the quantities and unit prices. The correction of the mathematical extensions resulted in the bids ranging between $20,808.80 to $28,383.42. The correction of the bid extension resulted in the Iow bidder being Bexar Environmental Services, Inc. of San Antonio in the amount of $20,808.80. See Exhibit D. NTRACT TERMS: The contract specifies that the project will be completed in thirty (30) calendar days. EXHIBIT "A" J MOLD REMEDIATION CITY HALL - FLOOR 1 Project No. 4225 PRELIMINARY BUDGET January 12, 1999 Department Fund Preliminary Actual Bud~let Self Insurance Fund 50,028 Total $50,028 Construction 20,828 Construction Contingencies (10%) 2,000 Engineering/Facility Management Liaison 1,000 Design Consultant (Arch/Engineer) (1) 15,000 Misc. (Printing & Advertising) 1,200 Construction Inspection 4,000 Laboratory & Testing (Quality Control) 6,000 Total $50,028 (1) Contract included initial sampling, monitoring and laboratory analysis of entire building. [ EXHIBIT "B" J Page 1 of 1 File : councilexhiblts\ NUECES BAY N ~ f LEOPARD~ BEAR CiTY HALL 1201 LEOPARD C.C. BAY CITY PROJECT NO. 4225 LOCATION I~AP NOT TO SC~ EXHIBIT IlCll BOLD REBEDT_AT.~ON Cr_TY COUNC.TL EXHZBr_T ~ DEPARTMENT OF ENGINEERING SERVICES C.[TY HALL - FLOOR I PAGE: I of I ~,-- CITY OF CORPUS CHRISTI. TEXAS DATE: 05-01-2001 ~ TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY1 Engel R.Escobar, P.S., Director of Engineering Services DATE, Wednesday, April 25, 2001 TIME OF COMPLETIONi 30 Calendar Days Page 1 of 1 ENGINEER'S ESTIMATE, $70,000 -Error in extension of unit price - totals shown have been corrected. MOLD REMEDIATION, CITY HALL Coastal Contractors Hexer Environmental Inc. David Rodriguez DBA American FLOOR 1 915 Grant 5496 Old Hwy 90 W. Insulation S Abatement PROJECT NO. 4225 Corpus Christi, TX 78411 San Antonio, TX 78227 8110 Nazareth Drive Corpus Christi, TX 78413 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Item Preparation and submittal of project plans 1 LS 3,500.00 3,500.00 1,500.00 1,500.00 1,009.42 1,009.42 No.l Item Work area preparation 820 SF 3.00 2,460.00 5.24 +4,296.80 6.15 5,043.00 No.2 Item Flooring removal 820 SF 3.00 2,460.00 4.55 3,731.00 6.31 5,174.20 No.3 Item Miling tilt removal B20 SF 3.00 2,460.00 4.55 3,731.00 6.24 S,116.00 No.4 Item Wallboard removal 2,100 SF 3.55 •7,455.00 2.25 •4,725.00 2.51 5,271.00 No.5 Item Clean-up, inspection, and clearance of 820 SF 2.00 1 1,640.00 2.25 1,845.00 5.65 4,633.00 No.6 work area Item Waste handling 1 LS 3,000.00 3,000.00 1,000.00 1,000.00 2,136.00 2,136.00 No.7 TOTAL BASE BIDS +$22,975.00 +$20,828.80 $28,383.92 -Error in extension of unit price - totals shown have been corrected. ~ .~ AGENDA MEMORANDUM DATE: April 30, 2001 SUBJECT: S. Alameda, Santa Fe and Weber Road Rehabilitation Projects Change Order ~4 - RTA Bus Stop Improvements on Alameda Street. (1986 Bond Project) AGENDA ITEM: Ordinance appropriating $500,000 for RTA Special Projects 2001 into the No. 3530 Street Bond Fund; and declaring an emergency; and, Motion authorizing the City Manager, or his designee, to execute a Change Order in the amount of $71,183.15 with Haas-Anderson for the Alameda, Santa Fe, Weber Oveday project for bus stop improvements on Alameda Street funded by the RTA. ISSUE: The Regional Transportation Authority is improving their bus stops along Alameda Street in conjunction with the City's Pavement Rehabilitation Project. FUNDING: Funds to finance the proposed project are being provided by the Regional Transportation Authority. RECOMMENDATION: Staff recommends approval of the motion as presented. ~F-.'Angel R. Escobar, P.E. Director of Engineering Services Additional Support Material: Exhibit "A" Agenda Background Material Exhibit "B" RTA Notice of Approval Exhibit"C" Location Map Exhibit"D" Change Order Summary AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: S. Alameda, Santa Fe and Weber Road Rehabilitation Projects Change Order- RTA Bus Stop Improvements on Alameda Street. PRIOR COUNClL ACTION: November 19, 1999 - Approval of engineering contract in the amount of $363,990 with RVE, Inc. for the South Alameda/Santa FeA,Veber Road Rehabilitation projects. July 18, 2000 - Approval of Amendment No. 1 in the amount of $104,170 to the engineering contract with RVE, Inc. for sanitary sewer lines associated with the South Alameda/Santa FeNVeber Road Rehabilitation projects. August 22, 2000 - Approval of the FY2000-01 Capital Improvement Budget (Ord. No. 024162). September 12, 2000 - Ordinance appropriating proceeds of the sale of Combination Tax and Revenue Certificates of Obligation to perform certain street improvements approved in the Capital Improvement Plan (Ord. No. 024211). October 17, 2000 - Motion awarding a construction contract in the amount of $4,4294603.95 to Haas-Anderson Construction, Inc. for the South Alameda/Santa FeNVeber Road Rehabilitation projects (M2000-372). October 24, 2000 - Motion awarding a testing agreement in the amount of $50,600 to Fugro South, Inc. for the South Alameda/Santa FeNVeber Road Rehabilitation projects (M2000-384). February 20, 2001 - Motion executing Change Order No. 2 with Haas-Anderson Construction Co. in the amount of $172,902.50 to clean, televise and rehabilitate two wastewater lines. (M2000-098). March 27, 2001 - Motion executing Change Order No. 7 with Haas-Anderson Construction Co. in the amount of $108,800.00 for waterline rehabilitation. (M2001- 117). PRIOR ADMINISTRATIVE ACTION: 2. 3. 4. 5. January 18, 2001 - Approval of Change Order No. 1 in the amount of $93.51 for change in materials and quantities. February 28,2001 - Approval of Change Order No. 3 in the amount of $1,736.50 for additional signalization. March 7, 2001 - Approval of Change Order No. 5 in the amount of $6,370.48 for additional signalization. March 8, 2001 - Approval of Change Order No. 6 in the amount of $(15.00) for changes on the sanitary sewer line on Santa Fe Street. Apdl 24, 2001 - Approval of Change Order No. 8 in the amount of $8,038.75 for the addition of a junction box on Alameda Street. IEXHIBIT "A" I[ Page 1 of 2 FUTURE COUNCIL ACTION: Additional change orders are anticipated and will be presented for Council consideration as required. PROJECT DESCRIPTION: The Regional Transportation Authority is providing bus stop improvements on Alameda Street in conjunction with the City's Pavement Rehabilitation Project. In accordance with the City's Interlocal Agreement with the RTA they are contributing the funds for the enhancements. (See Exhibit "B"). Regional 'rransporl~tion Ab-':~,ority April 25, 2001 Angel R. Escobar, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Re: 2001 Street Improvement Project; Nameda Bus Stop Improvements Dear Mr. Escobar: This correspondence will serve notice that the PTA Board of Directors took spedal action in November of 2000 in approving an advance al!ocation of $65,000 in 2001 Street Irnprovement funds for the bus stop improvements for Alameda Street. Although this amount is less than the $7:[,183.15 needed for this project, the PTA will adjust its proposed allocation on other proposed projects to conform to the new project allocation. Please be assured that the funds for this particular project, as well as for the remaining projects in the amount of $428,816.85, will be made available to the City of Corpus Christi consistent with our lntedocal Agreement- VVith respect to this project, please forward your written request for release of funds and provide a breakdown of the proposed project expenses. If more information is needed, please call Rtcardo A. Sdnchea or me at 361/289-27:[2. Sincerely, Unda Watson General Manager XC: Rlcardo A. $~nchez, Director of 5pedal Projects Judy Blsbee, Director of Finance Kevin Stowers David Seller Mary Frances Teniento (361)289-2712 · 5658.BearLane * Corpus ChdstLTexas78405 · Fax (361) 289-3057 The B Customer Center · (361)883-2287 · 1806S. Alameda· Co~pusChdstt, Tex~s78404 · Fax(361)683-9938 EXHIBIT "B' N PROJECT LIMITS CORPUS CHRISTI BAY PROJECT NO. 6071 LOCATION MAP NOT TO SCALE EXHIBIT "C" A/ameda St. Overlay Project RTA Bus Stop Improvements-Louisiana To Doddridge (change order no. 4) CITY OF CORPUS CHRIS~, TEXAS CITY COUNCIL EXHIBIT DEPARTI~ENT OF.ENGINEERING SERVICES PAGE. I of 1 DATE: 05/I/2001 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET April 30, 2001 PROJECT: S. ALAMEDA, SANTA FE AND WEBER REHABILITATION PROJECT NO: 6071/6072/6073 APPROVED: City Council on 10/17/00 - Motion No. M2000-372 CONTRACTOR: HAAS-ANDERSON CONSTRUCTION CO. P.O. BOX 7692 CORPUS CHRISTI, TEXAS 78467 TOTAL CONTRACT AMOUNT ..... 25% Limit Amount .............. Change Order No. 1 (1/8/01) ............ Change Order No. 2 (2/27/01) ........... Change Order No. 3 (2/28/01) ........... Change Order No. 4 (3/2/01) ............ Change Order No. 5 (3/7/01) ............ Change Order No. 6 (3/8/01) ............ Change Order No. 7 (3/21/01) ........... Change Order No. 8 (3/30/01) ........... Total ............................. $4,429,603.95 1,107,400.99 93.51 172,902.50 1,736.50 71,183.15 6,370.48 (15.00) 108,800.00 8,038.75 369,109.89 -- 8.33% < 25% EXHIBIT "[ Page 1 of ! ORDINANCE APPROPRIATING $500,000 FROM THE REGIONAL TRANSPORTATION AUTHORITY IN THE NO. 3530 STREET BOND FUND FOR THE SPECIAL PROJECTS 2001 STREET IMPROVEMENT PROGRAM; AMENDING THE FY 00-01 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 024162 BY ADDING $500,000 TO THE STREET CIP FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $500,000 from the Regional Transportation Authority is appropriated in the No. 3530 Street Bond Fund for the Special Projects 2001 Street Improvement Program. SECTION 2. That Ordinance No. 024162. which adopted the FY 00-0! Capital Budget, is amended by adding $500,000 to the Street CIP Fund. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor Legal Form Approved ~ j~- ,2001; James R. Bray, Jr., City Attorney By: "~ Lisa Aguilar, As~stant City Attorney H:~LEG-DIR~LISA/ORD3\ORD3.375 15 AGENDA MEMORANDUM DATE.. April 26, 2001 SUBJECT: Regional Transportation Authority (RTA) Miscellaneous Street Improvements (Project No. 6114) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the engineering contract in the amount of $49,090 for a total fee not to exceed $98,180 with Shiner, Moseley & Associates for the Regional Transportation Authority (RTA) Miscellaneous Street Improvements. ISSUE: The City and RTA have identified various City streets where curb and gutter improvements are required. FUNDING: Funds for this project are available in the FY2000-01 Street Capital Projects Fund. The funds are provided by the RTA through an Interlocal Agreement. RECOMMENDATION: Staff recommends approval of the motion as presented. 'Angel R. Escobar, P.E., ~ Director of Engineering Services Additional SuDDort Material: Exhibit"A" Additional Information Exhibit "B" Contract Summary Exhibit"C" Location Map Regional Transpo~ation Authority (RTA) MisCellaneous Street Improvements Pege I of 1 H:~OM E~VELMAR~G EN~TREET~6114'¢,M D_I'~AG£NDA.M MO ADDITIONAL INFORMATION SUBJECT: Regional Transportation Authority (RTA) Miscellaneous Street Improvements (Project No. 6114) PRIOR COUNCIL ACTION: 1. July 13. 1999 - Approval of an Intedocal Governmental Agreement with the RTA for for street improvement purposes (Resolution No. 023693). July 13. 1999 - Ordinance appropriating $500,000 from the RTA in the No. 3530 Street Capital Projects Fund for the Special Projects 1999 Street Improvement Program; amending Ordinance No. 023474, which adopted the FY 1998-99 Capital Budget, by adding $500,000 to the No. 3530 Street Capital Projects Fund; and declaring an emergency (Ordinance No. 023694). May 9. 2000 - Motion authorizing the City Manager, or his designee, to execute an engineering contract in the amount of $49,090 with Shiner, Moseley & Associates for the Regional Transportation Authority (RTA) Miscellaneous Street Improvements (Motion No. M2000-134). April 17. 2001 - Resolution authorizing the City Manager, or his designee, to execute an Interlocal Governmental Agreement with the Regional Transportation Authority (RTA) for the RTA to provide the City money annually for street improvement purposes (Resolution No. 024423). FUTURE COUNCIL ACTIONS: Award of a construction contract for the Regional Transportation Authority (RTA) Miscellaneous Street Improvements. BACKGROUND INFORMATION: In May, 2000 the City entered into a contract with Shiner, Moseley & Associates for the RTA Miscellaneous Street Improvements. The selected sites for street improvement purposes are specified the I nterlocal Governmental Agreement with the RTA of July 13, 1999. The sites are as follows: 3. 4. 5. 6. Alameda - Clifford (out) - curb, gutter, asphalt repair, handicap accessibility ramp, sidewalk; Comanche - Staples (both3 - curb, gutter, sidewalks, asphalt repair; Leopard Street at Cactus Motel - concrete pad, driveway repair; Leopard Street - Cantwell - pull in driveway; Leopard Street - Omaha - pull in driveway; Leopard Street - Palm - pull in driveway, sidewalk, handicap accessibility ramp; [EXHIBIT "A" ~ Page 1 of 3 H:\HOM E\VE LMAR\GEN\STREET~6114~AMD_l'~AGENDA.BKG 7. Mansheim - Ayers - Blundell - pull in driveway, sidewalk, curb, gutter, drainage; 8. Palm - Leopard fout~ - curb, gutter, asphalt repair, handicap accessibility ramp; 9. Leopard - Baldwin - pull in driveway, sidewalk, handicap accessibility ramp; and 10. Winnebago - Josephine - curb, gutter, asphalt repair, sidewalk extension. AMENDMENT NO. 1: Amendment No. 1 provides for miscellaneous street improvements involving RTA bus stops as outlined in the Interlocal Governmental Agreement with the RTA of April 27, 2001. Shiner Moseley worked closely with the RTA on the original agreement, and the RTA expressed a desire that the contract with Shiner Moseley be extended. This work is funded bythe RTA under the special projects provision ofthe City's agreement with the RTA. Amendment of the contract was deemed appropriate due to Shiner Moseley's familiarity with RTA requirements. The following locations are specified: 2. 3. 4. 10. Leopard Street at Stillman (outbound) - drainage, pavement repair, handicap accessibility; Leopard Street at 5330 (outbound) - bus pad with curb and gutter, shelter pad, pavement repair; Leopard Street at Hereford (outbound) - new bus turn-in, new shelter pad, drainage, pavement repair; Leopard Street at 5325 (inbound) - relocate bus stop to opposite side of Hereford, extend existing culvert pipes and backfill ditch, bus pads, shelter pads; Leopard Street at Westchester (inbound) - relocate the bus stop inward to the ditch area by Armstrong Lumber, pavement repair, handicap accessibility, add bus and shelter pads; Leopard Street at Kennedv (inbound) - relocate the bus stop inward between the existing pole and driveway, pavement and curb repair, handicap accessibility, shelter pad; Crosstown Underpass at Laredo and Agnes - pavement and curb repair, add a bus pad and lighting; Santa Fe at Morgan (northwest corner) - the corner radius at this site needs to be increased, will require right-of-way acquisition and relocate traffic pole and inlet. A retaining wall may also be necessary. Handicap accessibility will be added to all four (4) curb ramps; Port Avenue at Morgan (southeast corner) - increase the corner radius, relocate traffic pole and CPL light. Alternatives will be reviewed, based on results of a field survey; and Manshiem at Johnston - either pavement repair or add a bus pad to this site. Also, curb repair and handicap accessibility, shelter pad. H:\HOM E\VELMAR\GEN\STREE'r~6114~AMD_1~AGENDA.BKG Page 2 of 3 CONTRACT DESCRIPTION: The engineering firm of Shiner, Moseley & Associates will provide the required field surveys, preparation of plans, specifications, bid and contract documents necessary to award a construction contract. The engineering firm will also participate in oversight of the contractor during construction. A contract summary is attached as Exhibit "B". PROJECT SCHEDULE: The project schedule provides for Council award of the construction contract January, 2002. It is anticipated that construction would be completed during June, 2002. H:\HOME\VELMAR\GEN\STRE E'r~6114~,MD_1~AGENDA.BKG I[ EXHIBIT "A" ~ Page 3 of 3 CONTRACT SUMMARY REGIONAL TRANSPORTATION AUTHORITY (RTA) MISCELLANEOUS STREET IMPROVEMENTS AMENDMENT NO. '1 1. SCOPE OF PROJECT The Regional Transportation Authority (RTA) Miscellaneous Street Improvements Project includes modifications on ten (10) existing bus stops. Modifications to existing bus stops include pavement repair, removing and replacing curb and gutter, concrete pads, concrete turnout pads, curb ramps, and sidewalks. ADA access will be considered at all bus stops. Coordination with Texas Department of Licensing and Regulation (TDLR) and Regional Transportation Authority (RTA) is required throughout this project. Electrical engineering services are included in this contract. 2. SCOPE OF SERVICES Shiner, Moseley & Associates will perform all engineering services necessary to review and prepare plans, specifications, and bid and contract documents; and provide contract administration services to complete the Project. SCHEDULE PROPOSED PROJECT SCHEDULE Wednesday May 9, 2001 Begin Preliminary Phase Monday August 6, 2001 Submit Preliminary Monday September 4, 2001 Begin Design Phase Monday November 5, 2001 90% Submittal Monday December 3, 2001 Final Submittal Monday December 17 and 24, 2001 Advertise for Bids Wednesday December 26, 2001 Pre-Bid Conference Wednesday January 2, 2002 Receive Bids Tuesday January 14, 2002 Award Contract Monday February 10, 2002 Begin Construction Friday June 30, 2002 Construction Completion I EXHIBIT "B" I Page 1 of 2 H:~'IOM~VELMAR~GEN~STRE ET~6114~.a,M D_ 1 \CONTRACTSUMMARY.DOC FEES SUMMARY OF FEES Original Amendment Total Contract No. 1 Contract Fee for Basic Services 1. Preliminary Phase $9,870 $9,870 $19,740 2. Design Phase 13,440 13,440 26,880 3. Bid Phase 2,100 2,100 4,200 4. Construction Phase 4,480 4,480 8,960 Sub-Total Basic Services $29,890 $29,890 $59,780 Fee for Additional Services 1. ROW Acquisition Survey 3,700 3,700 7,400 2. Topographic Survey 15,500 15,500 31,000 Sub-Total Additional Svcs. $19,200 $19,200 $38,400 Total Authorized Fee $49,090 $49,090 $98,180 * Not required for this project. IEXHIBIT "B" I Page 2 of 2 H:~HO M E~VELMAR\G EN~STREET~6114~AMO_ t \CO NTRACTSU M MARY'DOC F~le : \Mpro/ect\councilexhibits\exh6114o. dwq - ~ [-i 1%~7~" z ~. ' LEGEND ~ R. T~. S~E~ IMPNO~MEN~ LOOATZON ~P OZ~ PRODUCT No, 6114 NOr ro s~ EXNZBZT "0" CZ~ COUNCZL EXHZBZT Regional Transpoctat~on Authoc~ty ( RTA ) ~ o~ ~N~ S~ ~scellaneou~ Street Z~prove~ents PAGE: I of 1 C~ OF CORPUS CHRIS, 16 CITY COUNCIL AGENDA MEMORANDUM AGENDAITEM: Date: April 30, 2001 Motion accepting a restricted $10,000 donation from the Blanche Moore Foundation for the Corpus Christi Magic Blanche Moore Baseball Team. Ordinance appropriating $10,000 from the Blanche Moore Foundation in the No. 6010 Trust Fund-Blanche Moore Baseball Team to fund the Corpus Chdsti Magic Blanche Moore Baseball Team; amending the FY 2000-2001 Budget, adopted by Ordinance No. 024130, to increase appropriations by $10,000 in the No. 6010 Trust Fund-Blanche Moore Baseball Team; and declaring an emergency. ISSUE: The Blanche Moore Foundation has provided an additional restricted donation to the City for pass through to the Corpus Christi Magic Blanche Moore Baseball Team. This is the fifth donation from the Blanche Moore Foundation. The baseball team started three years ago as a pony league for 13-14 year olds. Two years ago, the team played in the Mickey Mantle league and included boys of 15-16 years of age. At the end of that season, the team played in the World Series of the Continental Amateur Baseball Association, but was narrowly defeated. This past season, the team played in the teenage league for 17-18 year olds. in October 2000, the Blanche Moore Foundation provided a grant of $15,000 to be used to build a small building on the baseball field at Moody High School and would be named in honor of the Corpus Christi Magic Blanche Moore Baseball Team. This donation was passed through the City and the Council approved the action at the October 10, 2000 meeting. In November 2000, the Blanche Moore Foundation provided an additional $15,000 to be used to complete the building. The donation was passed through the City and the Council approved the action at the December 13, 2000 meeting. The Blanche Moore Foundation has made an additional $10,000 donation for the benefit of the team and has requested that the City accept the donation and fund the team. In order for this to be accomplished, the City Council must take action. PRIOR COUNCIL ACTION: The last City Council action was in December 2000 with an appropriation of $15,000 to transfer. REQUIRED COUNCIL ACTION: In order for the funds to be passed through, the funds must be appropriated by the City Council, and the budget must be amended. RECOMMENDATION: Staff recommends Council approval of the ordinance. W. Thomas Utter Assistant City Manager ORDINANCE APPROPRIATING $10,000 FROM THE BLANCHE MOORE FOUNDATION IN THE NO. 6010 TRUST FUND-YOUTH SPORTS FOR THE EXPENSES OF THE CORPUS CHRISTI MAGIC BLANCHE MOORE BASEBALL TEAM; AMENDING ORDINANCE NO. 024130, WHICH ADOPTED THE FY00-01 BUDGET, BY ADDING $10,000 TO THE NO. 6010 TRUST FUND-YOUTH SPORTS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $10,000 from the Blanche Moore Foundation is hereby appropriated in the No. 6010 Trust Fund - Youth Sports for the expenses of the Corpus Christi Magic Blanche Moore Baseball Team. SECTION 2. That Ordinance No. 024130, which adopted the FY00-01 budget, is amended by adding $10,000 to the No. 6010 Trust Fund -Youth Sports. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of ,2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor APPROVED ~.~.` James R. Bray, Jr. City Attorney By: ,'d~ ~t,~r. Lisa Aguilar Assistant City Attorney ,2001 ~ AGENDA MEMORANDUM May 8, 2001 SUBJECT: The replacement of an existing Aircraft Rescue Firefighting (ARFF) vehicle with a new 1500-gallon ARFF vehicle with high reach extendible turret and penetrating nozzle and replacing existing ARFF personnel protective clothing (PPC) for an estimated $560,000 with 90% of the funding coming from a Federal Aviation Administration (FAA) Grant and the remaining 10% from Passenger Facility Charges (PFCs). AGENDA ITEM: Resolution authorizing the City Manager or designee to accept an additional $54,552 from amended Federal Aviation Administration Grant Number 3-48- 0051-30-00 for a revised total of $558,552, contingent upon receipt of the grant offer, for the purchase of replacement ARFF truck with extendible elevated waterway and personal protective clothing. ISSUE: The ARFF Vehicle Replacement project was bid as a Base Bid with two Additive Alternates. The City received two proposals on August 16, 2000, with bids ranging from $594,514 to $598,325. Staff recommended that Oshkosh Truck Corporation, the Iow bidder, receive the contract award in the amount of $594,514. The add-alternatives exceeded the project budget and therefore were not recommended for award. The Personnel Protective Clothing project was bid as a Base Bid only. The City received two proposals on August 16, 2000, with bids ranging from $26,100 to $28,440. Staff recommended that Casco Industries, the Iow bidder, receive the contract award in the amount of $26,100. Since the contract amount exceeded the estimated budgeted amount the additional expenditure was funded from Airport Capital Reserves. The Aviation Department has applied to the FAA for an increase in the grant amount to bring the Federal participation up to a full 90% and has received verbal notification from the FAA to expect the requested grant amendment, which would allow the Department to appropriate the grant money back into its Capital Reserves. RECOMMENDATION: Staff recommends approval of the Resolution as presented. Dave Hamrick Director of Aviation (Acting) Date I EXH~ Page 1 of 2 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION May 8, 2001 PRIOR COUNCIL ACTION: · On July 20, 1999, Council approved Ordinance Number 023703 adopting the CIP, which contained this project in FY 2000. · On August 22, 2000, Council approved Resolution Number 024155 to accept the FAA discretionary grant in the amount of $504,000 to fund the project. · On August 22, 2000, Council approved Ordinance Number 024158 appropriating the grant for the ARFF Truck and personal protective clothing. · On October 17, 2000, Council approved Motion Number 2000-369 executing an equipment contract in the amount of $26,100 with Casco Industries for Personnel Protective Clothing. · On October 17, 2000, Council approved Motion Number 2000-368 executing an equipment contract in the amount of $594,514 with Oshkosh Truck Corporation for ARFF Vehicle Replacement. FUTURE COUNCIL ACTIONS: · Ordinance to appropriate additional FAA Grant funds BOARD/COMMITTEE REVIEW: Because of the time constraints involved (FAA has requested the Council Resolution as soon as possible to facilitate funding) this item has been distributed to each Board member and will be presented at the regular Airport Board meeting on May 9, 2001. Page 2 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT AN ADDITIONAL $54,552 FROM AMENDED FEDERAL AVIATION ADMINISTRATION GRANT NUMBER 3-48-0051-30-00 FOR A REVISED TOTAL OF $558,552, CONTINGENT UPON RECEIPT OF THE GRANT OFFER, FOR THE PURCHASE OF A REPLACEMENT ARFF TRUCK WITH EXTENDIBLE ELEVATED WATERWAY AND PERSONAL PROTECTIVE CLOTHING. WHEREAS, on August 22, 2000 the City Council, by resolution number 024155, authorized the City Manager to accept Federal Aviation Administration Grant Number 3-48-0051-30-00 in the amount of $504,000 for the purchase of a replacement ARFF Track with Extendible Elevated Waterway, Driver's Enhanced Vision System (DEVS), and Personal Protective Clothing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to accept an additional $54,552 fi.om amended Federal Aviation Administration Grant Number 3-48-0051-30~00 for a revised total of $558,552, contingent upon receipt of the grant offer, for the purchase of a replacement ARFF track with extendible elevated waterway and personal protective clothing. ATTEST: CITY OF CORPUS CHRISTI ArmanOo t~napa, C~ty :secretary :Samuel L. Neal, Or. Mayor, The City Of Corpus Christi Legal Form Approved on James R. Bray Jr., City Attorney 2001: By: Bryn Meredith Assistant City Attorney Bmres01,004 18 CITY COUNCIL AGENDA MEMORANDUM DATE: May 3, 2001 AGENDA ITEM: Resolution authorizing the City Manager, or the City Manager's designee, to submit a grant application to the Texas Department of Transportation in the amount of $1,462,032 for a Statewide Transportation Enhancement Program Grant to construct Bay Trail Phase 3. ISSUE: The proposed application will construct a third phase of the Bay Trail hike and bike system. The third phase includes acquisition of property along the Cayo Del Oso and the construction of a hike and bike trail along the Cayo Del Oso to Holly Road and from the end of Holly Road to the railroad trestle. BACKGROUND: The City received a grant in 1991 from Texas Department of Transportation for the construction of Bay Trail which now extends from the Barge Dock in the Bayfront Arts and Science Park to Texas A&M University-Corpus Christi including a hike and bike trail around the campus. With the construction of Spur 3, Bay Trail will continue from Ocean Drive on Ennis Joslin and terminate at South Padre Island Drive. IMPLEMENTATION SCHEDULE: The proposal is due to the Metropolitan Planning Organization May 8, 2001. The completed application is due to Texas Department of Transportation June 18, 2001. RECOMMENDATION: Staff recommends approval of resolution as presented. Assistant City Manager BACKGROUNDINFORMATION The City of Corpus Christi proposes to construct a hike and bike trail that links to the existing Bay Trail Phases I and II and to acquire property for future phases of Bay Trail. The proposed Bay Trail Phase III will be a unique addition to the Corpus Christi community. In addition to providing pedestrian and bicycle modes of travel to schools, parks and shopping areas, the location of the hike and bike trail provides opportunities for pedestrians and bicyclists to view the City's diverse natural habitat and wildlife. In addition to having this unique atmosphere, the area is noted as an archaeological site and as having a natural drainage system. Bay Trail Phase III, a 3.74 mile hike and bike trail, will begin at the intersection of South Padre Island Drive and Ennis Joslin, and extend westward using the existing sidewalks and street pavement along the access road. The construction of a 10-foot wide trial will begin at South Padre Island Drive at Oso Creek and extend to Holly Road. An additional connecting trail will be constructed between the Railroad Bridge and the end of pavement on Holly Road. Acquisition of property along this area includes area currently owned by Naval Air Station and two other properties that are owned by private individuals. The Naval Air Station will convey a permanent 40- foot easement to the City of Corpus Christi for the purposes of this project. The remaining property for the trail will be acquired from property owners via fee simple and donation. These property owners are supportive of the construction of the hike and bike trail and have agreed to negotiate the terms of the property. Additional property will be acquired for future phases of Bay Trail and for preservation of the wildlife and natural vegetation unique to the Oso. The Coastal Bend Bays and Estuaries Program has agreed to provide $325,500 for the acquisition of the property relating to this project. These funds, in addition to in-kind land contributions by the Coastal Bend Bays Foundation, Coastal Bend Land Trust, and other property owners, will serve as the 20% match for the application to Texas Department of Transportation. The City has received the support of several organizations, individuals and committees for this project. They include: · Corpus Christi Convention and Visitors Bureau · Beautify Corpus Christi · Coastal Bend Bays and Estuaries Program · Coastal Bend Land Trust · Corpus Christi Chamber of Commerce · Naval Air Station · Representative Gene Seaman · Representative Jaime Capelo · Representative Vilma Luna · State Senator Carlos Truan · Water/Shore Advisory Committee · Park and Recreation Advisory Committee · Planning Commission · Transportation Advisory Committee RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $1,462,032 FOR A STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM GRANT TO CONSTRUCT BAY TRAIL PHASE 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the Texas Department of Transportation in the amount of $1,462,032 for a Statewide Transportation Enhancement Program grant to construct Bay Trail Phase 3. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 4th day of May, 2001. James R. Bray Jr. City Attorney R. Ja)yl~ei~ng J First ~,ssistant CityXAttorney Samuel L. Neal, Jr. Mayor R14017A2.doc LAGUN~, MADRE i~ 19 CITY COUNCIL AGENDA MEMORANDUM DATE: May 3, 2001 AGENDA ITEM: Resolution authorizing the City Manager, or the City Manager's designee, to submit a grant application in partnership with Beautify Corpus Christi Association to Keep Texas Beautiful for a Governor's Community Achievement Award in the amount of $265,000 for landscaping along State-maintained highways in the Corpus Christi area. ISSUE: Beautify Corpus Christi Association, in partnership with the City of Corpus Christi, will submit an application for the Governor's Community Achievement Award. Keep Texas Beautiful will honor nine Texas cities that involve their citizens, businesses, schools, local government and youth to "keep their communities beautiful." IMPLEMENTATION SCHEDULE: The proposal is due May 8, 2001. RECOMMENDATION: Staff recommends approval of resolution as presented. W. Thomas Utter Assistant City Manager BACKGROUNDINFORMATION Beautify Corpus Christi Association (BCCA) is the current designated Keep Texas Beautiful member for the City of Corpus Christi. BCCA will submit the application for the Governor's Community Achievement Award on behalf of BCCA and the City of Corpus Christi. The application will highlight the City and BCCA's initiatives to involve citizens, businesses, schools, local government and youth to keep our community clean. The City's initiatives include Stop Trashing Corpus Christi, a campaign initiated by the City of Corpus Christi, educational materials to elementary school children, recycling art contest, poster contest, Cash for Trash, Household Hazardous Waste Disposal Days, automated garbage collection, storm water inlet stenciling, property code compliance, "Know the Code" coloring book, planting, and public service announcements and advertising. Texas Department of Transportation is providing $1 million of award funds for the Governor's Community Achievement Award. Keep Texas Beautiful will select nine Texas Cities to receive an award, which is based on population. The City is eligible to receive $265,000. Awards must be used for landscaping along state maintained highways. RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO SUBMIT A GRANT APPLICATION IN PARTNERSHIP WITH BEAUTIFY CORPUS CHRISTI ASSOCIATION TO KEEP TEXAS BEAUTIFUL FOR A GOVERNOR'S COMMUNITY ACHIEVEMENT AWARD IN THE AMOUNT OF $265,000 FOR LANDSCAPING ALONG STATE-MAINTAINED HIGHWAYS IN THE CORPUS CHRISTI AREA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application in partnership with Beautify Corpus Christi Association to Keep Texas Beautiful for a Governor's Community Achievement Award in the amount of $265,000 for landscaping along state-maintained highways in the Corpus Christi area. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 3rd day of May, 2001. James R. Bray Jr. City Attom/~, By: R. Jay R/eining First Assistant City Attorney Samuel L. Neal, Jr. Mayor R14016A2.doc 20 CITY COUNCIL AGENDA MEMORANDUM Date: May 1, 2001 AGENDA ITEM: Resolution approving the submission of a grant application in the amount of $512,685 to the Texas Automobile Theft Prevention Authority (ATPA) to establish a motor vehicle thet'c enforcement team and implement a public awareness campaign in an effort to reduce auto thetis in the City of Corpus Christi and Nueces County. ISSUE: The ATPA is soliciting applications for grants to be awarded for projects under the ATPA Fund. BACKGROUND INFORMATION: The City of Corpus Christi has been notified of available grant funds from the Texas Automobile Theft Prevention Authority (ATPA) to fund programs to reduce auto thefts. The program was established in 1991 due to rising auto thefts and is funded through an annual $I fee on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. Because Nueces County is ranked eighth in the State in auto thefts (City = 1,510 and Nueces County -- 36) 1 and the City has not received grant funding from ATP& State Representative Vilma Luna has expressed an interest in seeing our agency apply for the funds (see attached letter). The Police Department is proposing to form a motor vehicle theft enfomement team with area agencies including the Texas Department of Public Safety and the South Texas ATPA Task Fome to focus not only on .detection and apprehension, but on the estimated 40 or so salvage yards in the City and County to reduce the sale of stolen vehicles and parts.. Nueces County is currently a partner in the South Texas Task Force which includes 6 other area counties. We will continue to provide investigative support as well as offering our technological/mapping/geographical information systems expertise to the Task Force. By combining our efforts and technology and with the continued assistance of DPS, our enforcement efforts will be greatly enhanced. The proposal includes an additional Lieutenant (City) to supervise the Unit, two sworn CCPD officers, one civilian Information Technology Specialist, one civilian Data Analyst, and one civilian Management Assistant I. The civilians will be conducting data analysis, managing the required public awareness campaign, and managing the grant paperwork. 1- Source: Uniform Crime Report, FBI, 1999 The public awareness campaign will focus on the fact that 34% of all motor vehicle thefts in the City are due to drivers leaving their keys in their vehicles. Texas A&M will assist the team with the geographical information systems/mapping information required for crime analysis and documentation of locations of stolen and recovered vehicles. One civilian will be working closely with A&M as our Computer Support liaison on establishing the mapping protocol necessary to provide accurate crime and data analysis. The Police Department is requesting to hire additional sworn officers with grant funds because these funds do not end within a five year period as most other grants. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end; other grantees have been continuously funded for 9 years. Because the insurance companies heavily support the program and the number of registered vehicles increase each year, the amount of funds should continue to be available. The City will have to reapply each year for funds because the ATPA requires a very close review of performance and the grantee's ability to utilize the funds efficiently. "Program income" (asset seizure and forfeiture) earned during the grant period as a direct result of the grant enforcement shall be retained by the grantee and may be used specifically toward the grant. They can also be used to finance the grantee match in Year 3 with prior approval by the ATPA. The grant application must be postmarked by May 11 with decisions to be made in June. FUNDING: The breakdown of estimated costs is attached. There is no match required by the City until Year 3; Year 3 and subsequent years are 80/20 with no declining percentage thereafter. The City will provide $16,899 in in-kind costs through the office space and other supplies. The Law Enforcement Trust Fund will provide $21,050 in equipment costs. REQUIRED COUNCIL ACTION: Approval to submit the grant application. RECOMMENDATION: Staff recommends submission of the grant application. Chief of Police ADDITIONAL SUPPORT MATERIAL ,,' Letter from Vilma Luna ,/ Budget summary Texas House of Representatives Vilma Luna DISTRICT 33 March 19, 2001 Elias Vasquez Nueces County Grant Administration 901 Leopard, Room 302.03 Corpus Christi, TX 78401 Pat Elridge City of Corpus Christi P.O. Box 9016 Corpus Christi, TX 78469-9277 Mr. Vasquez and Ms. Eldridge: At a recent Appropriations subcommittee hearing I had the oppommity to discuss with the Texas Department of Transportation its Automobile Theft Prevention Authority grant program. The agency informs me that there are currently 30 ATPA grants programs throughout the state, but some government entities that have a theft problem have not applied for the grants. According to the agency,.in 1999 Nuece. s county ranked eight in the state with a reported 1,595 auto thefts. I was informed that the agency did not re[eive a grant application fr~m the county or the city of Corpus Christi in 2000. With such a high number of reported automobile thefts, the city and surrounding areas could be well served with an ATPA grant. At the hearing, the subcommittee explored the possibility of dedicating 50% of the agency's appropriation for the program to areas of the state that have been not been served. Since Corpus Christi has not been not awarded a grant in the last two years, this could be very advantageous for the community in its efforts to prevent automobile theft. With the 30 available grant programs, I feel it would be best ifNueces County and the City of Corpus Christi combined efforts in applying for a grant. The program director informs me that he has contacted both the city and the county regarding the grant application process and how the city and county can jointly apply for a grant. I have enclosed a copy of the Grant Administrative Guide and application. The deadline for the next grant cycle is May 11, 2001 and decisions will be made in June. P.O. BOX 2910 AUSTIN, TEXAS 78768-2910 512-463-041M FAX NO. 512-463-8090 ommittees: House Ad~m°istration (Vice-Chair) Economic Development Appropriations 4525 GOLLIHAR, SUITE 200 CORPUS CHRISTI, TEXAS 78411-2931 361-854-9816 FAX NO, 361-85242665 I strongly urge you to work together and apply for a Automobile Theft Prevention Authority grant. If there is anything I can do, please feel free to contact me. Sincerely, Vilma Luna VL/mjc Encl. ATPA 01102 Personnel: total Categor~ ATPA Cash Match In-Kind Total $ 256,981 $ $ $ 256,981 A. Sase saary *Lieutenant $ 50,000 $ $ $ 50,000 'Senior Officer $ 44,848 $ $ $ 44,848 *Senior Officer $ 44,848 $ $ $ 44,848 'Civilian Data Analyst $ 35,000 $ $ $ 35,000 *Civilian Management Asst $ 30,000 $ $ $ 30,000 *Civilian Information Technolo_gy Specialist $ 40,000 $ $ ~ $ 40,000 B. Over~me(4.5hrs*26pp*3*$35/hr) $ 12,285 $ $ $ 12,285 iPersonnel: Fdn~e benefits $ 88,587 $ $ $ 88,587 Professional and Contractual $ 36,320 $ $ $ 36,320 Travel and Training $ 5,000 $ 5,000 $ , $ 10,000 Equipment $ 77,800 $ 6,050 $ $ 83,850 ISupplies $ 10,048 $ 10,000 $ 16,899 I $ 36,947 Total Direct Charges $ 474,736 $ 21,050 $ 16,899 I $ 5t2,688 indirect Costs (not an allowable expense) $ $ $ $ TOTAL $ 474,736 $ 21,050 $ 16,899 $ 512,686 4.11% 3.30% Fringe Benefits on $ 256,981 : $ 37,949 Texas Municipal Retirement System 1092% $ 28,062 FICA 7.65% $ 19,659 Insurance $ 40~866 total Fringe Benefits $ 88~587 Professional and Contractual ATPA Cash Match In-Kind Total ~,. TX A&M Graduate Student $ 24,760 $ $ $ 24,760 ~ $16k base + 36% fdnge + 3ktu~on E3. TX A&M (admin to oversee interns) $ 11,560 $ $ $ 11,560 ~ 10% Dr. Jeffries time + 36% frin~le Total $ 36,320 $ $ $ 36,320 trravel and Training ATPA Cash Match In-Kind Total ~,. in-state travel and training costs $ 5,000 $ 5,000 $ $ 10,000 Total $ 5,000 $ 5~000 $ $ 10~000 Equipment ATPA Cash Match In-Kind Total ~,. Bait vehicle (1) $ 25,000 $ $ $ 25,000 E3. Rental vehicles (3 ~ $600 * 12) $ 21,600 $ $ $ 21,600 C. Global pos~oners for bait vehicle $ $ 1,000 $ $ 1,000 D. Personal computers/printers (7) 1 for A&M $ 21,000 $ $ $ 21,000 E. Digital cameras (2) $ $ 1,800 $ $ t,800 F. Scanner $ $ 750 $ $ 750 S. Laptop computer (field work) $ $ 2,500 $ $ 2,500 H. Furniturel chairs, file cabinets (6) $ 10,200 $ $ $ 10,200 1'otal $ 77~800 $ 6~050 $ $ 83~850 Supplies ATPA Cash Match In-Kind Total ~.. Office supplies $ 2,000 $ $ $ 2,000 E3. Communications $ $ $ $ 1. Cellular phone airfime (50 x12 x 3) $ 1,800 $ $ $ 1,800 2. Pa9er($gx12x6) $ 648 $ $ $ 648 .C. Printin9 educational literature $ $ $ 5,000 $ 5,000 D. Postage $ 2,000 $ $ $ 2,000 E. Fuel and Maintenance ($100 * 3 ' 12) $ 3,600 $ $ $ 3,600 IF. Rentaispace(CCPDoffice).5277/sqft $ $ $ 9,499 $ 9,499 'G. Copier/supplies $ $ $ 2,400 $ 2,400 H. Confidential Funds $ $ 5,000 $ $ 5,000 I. Miscettaneous: coveralls, toots for inventory of salvage yards $ $ 5~000 $ $ 5~000 Total $ 10~048 $ 10,000 : $ 16~899 $ 36,947 RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION IN THE AMOUNT OF $512,685 TO THE TEXAS AUTOMOBILE THEFT PREVENTION AUTHORITY TO ESTABLISH A MOTOR VEHICLE THEFT ENFORCEMENT TEAM AND IMPLEMENT A PUBLIC AWARENESS CAMPAIGN IN AN EFFORT TO REDUCE AUTO THEFTS IN THE CITY OF CORPUS CHRISTI AND NUECES COUNTY NOW, THEREFORE, BE IT RESOLVED BY THE CITY COLrNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to submit a grant application in the amount of $512,685 to the Texas Automobile Theft Prevention Authority to establish a motor vehicle theft enforcement team and implement a public awareness campaign in an effort to reduce auto thefts in the City of Corpus Christi and Nueces County. ATTEST: CITY OF CORPUS CHRISTI Arrnando Chapa, City Secretary Samuel L. Neal, Jr., Mayor Legal form approved ~V~ ~ ,2001; James R. Bray, Jr., City Attorney By: Lisa Aguilar ,~ Assistant City Attorney H:~LEG-D IR~LIS A\RES~RE S ,040 ~..~ AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: May 8, 2001) Case No. 0401-01~ Corpus Christi Medical Center: A change of zoning from a "B-4" General Business District to an "I-Y' Heavy Industrial District on Chris-Rae Addition, Block 1, being a 0.277 acre out of Lot 3, located on the west side of Rodd Field Road, approximately 600 feet south of South Padre Island Drive. Planning Commission and Staff's Recommendation (04/11/01): Denied the "I-Y' District, and in lieu thereof, approved a Special Permit for a medical helipad subject to a site plan and two (2) conditions. Requested Council Action: Denial of the "I-3" Heavy Industrial District, and in lieu thereof, approval ora Special Permit for a medical helipad subject to a site plan and two (2) conditions and adoption of the ai~ached ordinance. Purpose of Request: For a medical helipad. Summary: The applicant has requested a change of zoning from a "B-4" General Business District to an "I-3" Heavy Industrial District in order to construct a helipad. The subject property consists of 12,105 square feet (0.277 acre) that is proposed to be developed ;vith a helipad for usage ~vith the hospitals to the west, Bay Area Hospital and The Heart Hospital. The applicant was required to apply for a change of zoning for a zoning district that would accommodate the proposed use. The Zoning Ordinance requires and "I-Y' District for airports and landing strips. The requested "I-Y' District permits uses that are not consistent with the surrounding residential uses. The applicant is agreeable to a Special Permit. The Planning Commission unanimously recommended that the "1-3" Heavy Industrial District be denied, and in lieu thereof, that a Special Permit be approved for a medical helipad subject to a site plan and the following two (2) conditions: I) USE: The only use authorized by this Special Permit other than those uses permitted by right in the "B-4" General Business District is a medical helipad. The helipad must be associated with the hospitals and used for an air ambulance and shall be the only helipad serving the hospitals. A helicopter may not be stored on the property. 2) TIME LIMIT: This Special Permit shall be deemed to have expired within one year from the date of this ordinance unless the property is being used as outlined in condition #1 and in compliance ;vith all other · conditions and City roles and regulations. Applicant's Position: The applicant concurs with Planning Comrmssion and Staff's recommendation. Notification: Prior to the date of this memorandum, six (6) notices were mailed to the property owners within a 200-foot radius, of which one (1) was returned in favor and none were returned in opposition. The applicant/owner of the subject property submitted a notice in favor. The 20% rule is nnt in effect. Director of Planning Agenda Memorandum May 8, 2001 Case No. 0401-01 (Corpus Christi Medical Center) Page 2 MG/MS/er Attachments: 1) Zoning Report 2) Comments Received 3) Planning Commission Minutes 4) Ordinances Pages Page Page Pages 3-11 12 13 14-20 H:~PLN-DIR~ERMA\WORD~AGEN DMEM\0401-01AGENDAMEMO.DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Descriptiow Location: 0401-01 April 11, 2001 101-4 (H17C) Corpus Christi Medical Center Chris-Rae Addition. Block 1, being a .277 acre out of Lot 3, located on the west side of Rodd Field Road, approximately 600 feet south of South Padre Island Drive. 0.277 acre (12,105.314 square feet) 3.46 acres "B-4" General Business District "I-3" Heavy Industrial District Overflow parking. For a medical helipad. Not applicable. Area of Request: Lot{s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: Adiacent Zoning: North, South, West - "B-4" General Business District East - "R- 1B" One-family Dwelling District Adiacent Land Use: North - Undeveloped land. South, West - Hospital. East - (across Rodd Field Road) Farmland. Zoning Report Case No. 0401-01 (Corpus Christi Medical Center} Page 2 Number of Residential Units Allowed: "B-4" - 10 units (36.30 dwelling units per acre) "I-3" - Permanent or temporary, housing or lodging is not permitted except that a caretaker's quarters is permitted. Estimated Traffic Generation: Helipad - The Trip Generation Manual from the Institute of Transportation Engineers does not address trip generation for a helipad. Adiacent Streets/Classification: a) Rodd Field Road - arterial Right-of-Way Design Current: a) 100-foot right-of-way with a 64-foot back-to-back paved section. Planned: a) Same as current. 1996 Traffic Count (24-hour. weekday, non-directional}: a) 23,530 vehicles per day. Zoning History of Property: There has been no rezoning activity within the past five (5) years. Recent Surrounding Zoning Cases: In January 1994, Lots 15 and 16, located along the south side of Williams Drive, west of Rodd Field Road and south of the subject property, were granted a change of zoning ~-om an "AB" District to a "B-I" District. In February 1995, Lot 1, located on the southeast comer of South Padre Island Drive and Rodd Field Road and northeast from the subject property, xvas granted a change of zoning from a "R-lB" District to a "B-4" District in order to develop the property with a convenience store xvith fueling pumps. Then in April 1995, the City Council granted the property a reduction in the screening fence requirement along the south and east property lines. Zoning Report Case No. 0401-0 l ~Corpus Clxristi Medical Center~ Page 3 In August 1999, Lot 2, located on the east side of Rodd Field Road, south of South Padre Island Drive and northeast from the subject property, was granted a change of zoning fi'om a "R-lB" District to a "B-4" District in order to develop the property with a restaurant. Then in September 1999, the City Council granted the property a reduction in the screening fence requirement along the south and east property lines. Zoning Inventory: The subject property is part ora 98.16-acre tract of land zoned a "B-4" District that is developed with hospital-related uses, restaurants, and auto-related uses. To the south, east and west of the subject property, there are 567.30 acres of land zoned "R-lB" District that is developed predominantly with single-family residences, except the area to the east is predominantly farmland. Also to the south, there are 22.56 acres of land zoned a "B4" District and undeveloped. Planning Staff Analysis: General Characteristics and Backm'ound: The applicant has requested a change of zoning from a "B-4" General Business District to an "I-3" Heavy Industrial District in order to construct a helipad. The subject property consists of 12,105 square feet (0.277 acre) that is proposed to be developed with a helipad for usage xvith the hospitals to the west, Bay Area Hospital and The Heart Hospital. The applicant was required to apply for a change of zoning for a zoning district that would accommodate the proposed use. The Zoning Ordinance requires and "I-3" District for airports and landing strips. The requested "I-3" District permits uses that are not consistent with the surrounding residential uses. The applicant is agreeable to a Special Permit. Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements cannot be supportive of the requested "I-3" District. The Southside Area Development Plan's adopted future land use map recommends the area to develop with general commercial uses. The requested "I-3" District is not consistent with the Plan's adopted land use map. However, the proposed helipad is a use that is associated with a medical hospital and an acceptable accessory use. Potential Housing Density: The "B-4" District permits a density of 36.30 dwelling units per acre or 10 units on the subject property. The "I-3" District does not permit any type of permanent or temporary housing or lodging except that of a caretaker's quarters. Height/Bulk/Setbacks/Etc.: Both the "B-4" and "I-3" Districts require a front yard of twenty (20) feet xvith no side or rear yard setbacks unless adjacent to a residential district where a setback often (10) feet each would be required. Since the subject property does not abut a residential district, there are no side or rear yard setbacks required. There are no building height limitations on either the "B-4" or "I-3" Districts. Zoning Report Case No. 0401-01 lCorpus Christi Medical Center) Page 4 Signage: Both the "B-4" and "I-3" District permit unlimited wall and freestanding signs provided they are located behind the front yard setback. If a freestanding sign is located within the fi'ont yard setback, it is limited to one sign per street frontage xvith an area of forty (40) square feet and a height or 25 feet. The "I-3" District also permits off-premise signs (billboards }. Traffic: The subject property's access will be from the adjacent access road that leads out to Rodd Field Road, an arterial The proposed helipad use xvill not generate any additional veh/cular traffic. ParkinwScreening: The proposed helipad use associated with the hospital does not require additional parking. The subject property does not have any residential adjacency, therefore, a screening fence is not required. · Costs to City: There are no anticipated costs to the City. Plattinm The subject property is part of a platted lot under the same ownership and further replatting is not required. Pros: (Ideas in support of the request.) a) The proposed helipad is an accessory use to the existing hospital. Cons: (Ideas in support of maintaining the current zoning.) a) The requested "1-3" District is not consistent xvith the adopted Southside Area Development Plan's adopted future land use map. b) The medical helipad could be allowed through a Special Permit. Staff Recommendation: Denial of the "I-3" District, and in lieu thereofi approval of a Special Permit for a medical helipad subject to a site plan and the following conditions: USE: The only use authorized by the Special Permit other than those uses permitted by right in the "B-4" General Business District is a medical helipad. The helipad must be associated with the hospitals and used for an air ambulance and shall be the only helipad serving the hospitals. A helicopter may not be stored on the property. TD, IE LI2MIT: Such Special Permit shall be deemed to have expired within one year from the date of this ordinance unless the property is being used as outlined in condition #I and in compliance xvith all other conditions. Zoning Report Case No. 0401-01 (Corpus Christi Medical Center) Page 5 Attachments: Site Plan Zoning and Ownership Map Ownership List Southside Area Location Map H:\PLN-DIR\ERMA~WORD ZONRPTfi'~0401431R EPORT DOC B-4 B-4 SUBJECT PAR~;EL B-4 R-lB B-I R-lB B-I Mar 29, 2001 --RP CASE 5O Z0401-01 · - Property. Owner in Favor X Property. Owner Opposed See Comments on Page(s) __ /a~., Subject property Owners within 20~ feet listed on attached ownership list OWNERSHIP LIST CASE NO. 0401-01 Applicant: Corpus Christi Medical Center 7101 S. Padre Island Dr. 78412 Representative: Jerry C. Kxamer Cotton, Landreth, Kramer Architects 410 Peoples St. 78401 1 Z0401-01 157000010020 RODD FIELD ROAD PROPERTIE ATTN:TAX DEPT #39333 P O BOX 1504 NASHVILLE TN 37202 CHRIS-RAE ADDITION LT 2 BLK 1 2 Z0401-01 157000010040 COLUMBIA BAY AREA REALTY ATTN: TAX DEPT 39333 P 0 BOX 1504 NASHVILLE TN 37202 CHRIS-RAE ADDITION LT 4 BLK 1 3 Z0401-01 157200000010 PJC PARTNERSHIP P O BOX 8229 CORPUS CHRISTI TX 78412 CI-IRIS-RAE PLAZA, 5.045 ACS 4 Z0401-01 247600280131 SMITH ROY P O BOX 8149 CORPUS CHRISTI TX 78468 FLOUR BLUFF & ENC FIL\! GDN TRACT 63.246 ACS OUT LIS 13 THRU 16 SEC 28 5 Z0401-01 ROW TEXAS DEPT. OF TRANSPORTATION 1701 S. PADRE ISLAND DR. CORPUS CHRISTI, TEXAS 78416 6 Z0401-01 ROW1 CORPUS CHRISTI MEDICAL CENTER 7101 S. PADRE ISLAND DR. CORPUS CHRISTI, TEXAS 78412 SP Z0401-01 157000010030 BAY AREA HEALTHCARE GROUP LTD/TAX DEPT 39333 P O BOX 1504 NASHVILLE TN 37202 CHRIS-RAE ADDITION LT 3 BLK 1 Z0401-01 LEROY SAN MIGUEL MAINTENANCE DEPARTMENT CORPUS CI-II~ISTI I.S.D. P. O. DRAWER 110 CORPUS CHRISTI, TEXAS 78403 /O BLVD : CROSSTOWN ~ COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0401-01 Corpus Christi Medical Center · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: Favor: 3) PJC Partnership, Ltd., P. O. Box 8229 "Providing this pad in no way restricts the building height on our 5 acres at Rodd Field and S. Padre Island Drive next to the subject property." Opposition: None. II. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. III. Responses received from oxvners/applicants of subject area: Favor: · Corpus Christi Medical Center (Applicant/Owner), 7101 S. Padre Island Dr. No written comment. Opposition: None. It:\p LN-DIR~E RM A\WORD\COM M DATA\0401-01 COM M ENTS. DOC Planning Comrmssion Minutes April 11. 2001 Corpus Christi Medical Center: 0401-01 REQUEST: "B-4" General Business District to "I-3" Light IndustaSal District on Chris-Rae Addition. Block I, being a .277 acre out of Lot 3, and located on the west side of Rodd Field Road, approximately 600 feet south of South Padre Island Drive Mr. Saldafia provided a PowerPoint presentation of the subject property and the surrounding area. The subject property is part of a 98.16-acre tract of land zoned a "B4" District that is developed with hospital-related uses, restaurants, and auto-related uses. To the south, east and west of the subject property, there are 567.30 acres of Iand zoned "R-lB" District that is developed predominantly with single-fam/ly residences, except the area to the east is predominantly farmland. Also to the south, there are 22.56 acres of land zoned a "B-I' District and undeveloped. Mr. Saldafia said that the applicant has requested a change of zoning from a "B4" General Business Dismct to an "I-3" Heavy Industrial District in order to coustmct a helipad. The subject property consists of 12,105 square feet (0.277 acre) that is proposed to be developed with a helipad for usage ~vith the hospitals to the west, Bay Area Hospital and The Heart Hospital. The applicant was required to apply for a change of zoning for a zoning district that would accommodate the proposed use. The Zoning Ordinance requires and "I-3" District for airports and landing strips. The requested "I-3" District perrmts uses that are not consistent with the surrounding residential uses. The applicant is agreeable to a Special Permit. The Southside Area Development Plan's adopted future land use map recommends the area to develop with general commercial uses. The requested "I-3" District is not consistent with the Plan's adopted land use map. However, the proposed helipad is a use that is associated with a medical hospital and an acceptable accessmy use. Therefore, Staff recommends denial of the "I-3" District, and in lieu thereof, approval of a Special Pen'nit for a medical helipad subject to a site plan and the following conditions: USE: The only use authorized by the Special Permit other than those uses permitted by right in the "B-4" General Business District is a medical helipad. The helipad must be associated with the hospitals and used for an air ambulance and shall be the only helipad serving the hospitals. A helicopter may not be stored on the property. TIME LIMIT: Such Special perrmt shall be deemed to have expired within one year from the date of this ordinance unless the property is being used as outlined in condition #1 and in compliance xvith all other conditions. In response to comrmssioner Richter, Mr. Saldafia said that the helicopter could not be stored or maintained on the subject property. There are issues regarding storage of fuel and other chemicals that would be used to maintain the helicopter. He explained that the helipad would be used for a few hours at a time to drop off patients and that storage of the helicopter for more than 24 hours is prohibited. Public hearing was opened. J'en'y Kramer, 5710 King Trail, represented the applicant. Mr. Kxamer said that the hospitals work in cooperation ,,vsth Haloflight. He reiterated that the helicopters bring patients to the hospital and stay no longer than a few hours. At the present time, there is no need to store a helicopter and that he agreed with the Special Permit. Mr. Kramer added that the helipad area was moved closer to South Padre Island Drive and Rodd Field Road to avoid being near area schools. Public hearing xvas closed. Motion by Sween-McGloin, seconded by Salazar, to deny of the "I-3" Distxict, and in lieu thereof, approve a Special Permit for a medical helipad subject to a site plan and two (2) conditions listed in the Zoning Report. Motion passed. /$ AN ORDINANCE PLANNING COMMISSION AND STAFF'S RECOMMENDATION AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY CORPUS CHRISTI MEDICAL CENTER, BY CHANGING THE ZONING MAP IN REFERENCE TO 0.277 ACRE OUT OF LOT 3, BLOCK 1, CHRIS-RAE ADDITION, (CURRENTLY ZONED "B-4" GENERAL BUSINESS DISTRICT) BY GRANTING A SPECIAL PERMIT FOR A MEDICAL HELIPAD SUBJECT TO A SITE PLAN AND TWO (2) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Corpus Chdsti Medical Center for amendment to the zoning ordinance and zoning map of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 11,2001. dudng a meeting of the Planning Commission, and on Tuesday, May 8, 2001, dudng a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Chdsti, dudng which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Chdsti, Texas, is amended by granting a Special Permit for a medical helipad on 0.277 acre out of Lot 3, Block 1, Chris-Rae Addition (currently zoned "B-4" General Business District), located on the west side of Rodd Field Road, approximately 600 feet south of South Padre Island Ddve. A metes and bounds description is attached as Exhibit A. SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to a site plan and the following two (2) conditions: 1. USE- The only use authorized by this Special Permit other than those uses permitted by right in the "B-4" General Business District is a medical helipad. The heli~3ad must be associated with the adjoining hospitals and used as an air ambulance and shall be the only helipad serving the hospitals. A helicopter may not be stored on the property. H:\LEG-DIR\DOYLE? CURTIS\MYDOCS~00 I\P&ZORD01~ZONING.ORD\DOYLEC~001~.040101A.DOC Page 2 of 3 2. TIME LIMIT: This Special Permit shall be deemed to have expired within one year from the date of this ordinance unless the property is being used as outlined in condition #1 and in compliance with all other conditions and City rules and regulations. SECTION 3. That the official Zoning Map of the City of Corpus Chdsti, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 8th day of May, 2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM April 19, 2001 James R. Bray, Jr. City Air,ney /~ By: ~%--'~'//'~//~ ~/~~ ~oyle D~'~s - Senior Assistant Ci~ A~orney H:\LEG-DIR\DOYLEDCURTIS\MYDOC S~001\P&ZORD0 I~.ONING,ORD\DOYLEC~2001~.040101A.DOC (361)854'3101 evised: Februa~,' 27. 2001 EN(31NEERIN( P.O. BOX 6355 ,, CORPUS CHRISTI. TEXAS 78466-6355 FAX (361)854-6001 STATE OF TEXAS COUNTY OF NUECES Fieldnotes for a 12,105.314 square foot uact of land out of Lot 3. Block 1. Chris-Ra~ Addison, a map of which is r~orded m Volum~ 56, Pag~ 57, ,Map Records of Nueces County., Texas; said 12,105.314 squa~ foot tract of land being mo~ fully described as follo~vs: Commencing at a 5/8 inch iron rod found for an inte, nor corer of Lot 4, Block 1, Chris-Ra¢ Addition, a mat~ of which is recorded in Volume 58, Page 23, Map Records of Nueces County, Te~xas and for the north comer of said Lot 3 Thence South 61° 17'43" East. with th~ common bouncimT, of said Lots 3 and 4, a distance of 274.53 feet and thence South 2g°2g'50' West, le,-lx~lg Smd common bmmdarv line. 14.91 feet for Point of Be~nmng and for the north comer of this trac~ from which comer a National Geoci~tic Su_rvev r~onument, stamtg:d "SO-070" bears South 88035'24" East 8.249.99 feet and a Nallonal Geodetic Survey monument, shaped "SO-080" beats North 14°42'07" East 6.282.S6 feet: Them~ South 61 ° 32'0T' East. with the north botmda~,' of ~his u'aaL approXUnately 15 feet northeast of an existing asphalt l~rking lot, 110.00 feet for the east comer of this Thenc~ South 25°27'48'' West, with the southeast bounda~, of this tract, approximntely 15 feet southeast of an existing asphaR larking lot, 110.06 feet for the south comer of this Thence North 61°29'58 West. with the southwest boundary, of this tract, at approxunalely 1 $ feet pass the southeast edge of an existing asphalt parking lot, in all a total distance of 110.04 feet for the south corner of this tra~ Th~n~ NoRh 2g°25'50'' East, with the nordiwest boundary of this tract, at appLu-~imntely 94.99 feet pa~s the northeast eclge of sa/d existgng asphalt parking lot. in all a total distan¢~ of 109.99 feet to the Point of BegimUng and containing 12.105.314 square feet of lancL Beanngs based on GPS bem'mg.s. NAD83. Texas South Zone. National Geodetic Su~'ey monuments "SO-070" CNorthcoordi~al~= 17,141.897,5069 Eastcoordina~e= 1,366,818.7331) and"SO-080" (North¢oordinate= 17.14.8.177.4770 East coordinate = 1,360.173.7763 ) ,~-ere used as consol poims for establishing basis of bea~lg. Coordinates shown a~e based, on Texas State Plane Coordinate System. South Zone (NAD83). Unless this Field Notes Description. including pre,,amble, seal mad si ~ql~re. appem-s in its eetirety, in its origizml form. surveyor assumes no responsibility or liability for its accum~'. URBAN JUAN J. SAI.,3~_~ R.P.L.S. Li~n~e No. 4909 2725 SWANTNER DR. · CORPUS CHRISTI. TEXAS 78404 matl~uriDaneng,com APPLICANT'S REQUEST AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY CORPUS CHRISTI MEDICAL CENTER, BY CHANGING THE ZONING MAP IN REFERENCE TO 0.277 ACRE OUT OF LOT 3, BLOCK 1, CHRIS-RAE ADDITION, FROM "B-4" GENERAL BUSINESS DISTRICT TO "1-3" HEAVY INDUSTRIAL DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Corpus Christi Medical Center for amendment to the zoning ordinance and zoning map of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, Apdl 11,2001, dudng a meeting of the Planning Commission, and on Tuesday, May 8, 2001, dudng a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Chdsti, Texas, is amended by changing the zoning of 0.277 acre out of Lot 3, Block 1, Chris-Rae Addtion, located on the west side of the Rodd Field Road, approximately 600 feet south of South Padre Island Ddve, from to "B-4" General Business District to "1-3" Heavy Industrial District. A metes and bounds description is attached as Exhibit A. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Chdsti, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:~EG.DiR~DOYLED CURTIS~YDOCS~0O I~P &ZORDO I~-ONING.ORD~DOYLEC~2001~Z040101B.DOC Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (l) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 8th day of May, 2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM April 19, 2001 James R. Bray, Jr. By: I~oyle D.-(~is - - Senior Assistant City Attorney H:~LEG-DIR~)OYLEDCURTIS~VIYDOCS~200 I~P&ZORD0 I~ZONING.ORD\DOYLEC~.001~Z040101B.DOC (361)854-3101 P.O, BOX 6355 *, CORPUS CHRIST1. TEXAS 78466-6355 FAX (361)854-6001 STATE OF TF-X~S COUNTY OF NUECES Fieldaot~ for a 12,105.314 square foot tract of land out of Lot 3. Block L Clms-Rae AddiOon. a map of which is ngoorded in Volume 56, Page 57, Map Records of Nueces County., Texaa; said 12,105.314 square foot Watt of land being mot~ f-ally deSmabed as follows: Commencing at a 518 inch iron rod found for aa interior comer of Lot 4, Block 1, Chris-Rae Addition. a map of which is recorded in Volume 58, Page 23, Map Records of Nueces County, Texus and for the north comer of said Lot 3; Thence South 61°17'-t-3" East. x',Sth the common bounda~,, of said Lots 3 and 4. a distance of 274.53 feet and thence South 28°28'50- West. leax4ng said conmaon boundary, line, 14.91 feet for Point of Be~nnmg and for the north comer of this tract, from which comer a Nat:onal Geodetic Survey monument, stamped "SO-070" bea~ South 88o35'24" East 8.249.99 feet and a National Geodetic Survey monument, stamped "SO-080' bears North 14°42'0T' East 6.282.86 feet; Thence South 61°32'0T' East. v, fi.th the north bounda~.' of this tract, aplJm,dmately 15 feet northeast of aa existing asphalt parking lot. 110.00 feet for the east comer of this tract: Thence South 28027'48" West, ~sth the south~.q~ boundaxy of this tract, ap~a~,-xanately 15 feet southeast of aa ex/sting asphaR parking lot. 110.06 feet for the south comer of this tract: ~ No/th 61 o29,58 West. ;',fi.th the southweat boulldat2/of this tract, at appi o.Xl-nla~ly 15 feet pass the southeast edge of aa exiaiiag asphalt parking lot. in all a total distance of 110.04 feet for the south comer of this tract: Thenoo North 28028'50" East. x',fi.th the northwest benndat3' of this tract, at aPlxO.'dmately 94..99 feet pa~ the northeast edge of said eMsting a~halt parking lot. in all a total distance of 109.99 feet to the Point of Be~nning and containing 12.105.314 square feet of land. Bearings baaed on GPS bearings. NAD83. Te.xaa South Zone. National Geodetic Smn'ey monuments "SO-070" (North coordinate= 17,141.897.5069 Ea~tcoordinate= L366.S18.7331) aad"SO-080"fNorthcoordinate= 17.14.8.177.4770 East cOorelina~e = L360.173.7763 ) x',~re used as contxol points for establishin§ basis of beaxing. Coordinates slmwn are based on Texas State Plane Coordinate System. South Zone (NAD83). Unless this Field Notes Description. including preamble, seal and signature, appea~ in its entirety, in its original form. smweyor a_~umes no responsibility or liability, for its accum~'. URBAN ENGINEERING IUAN J. SALAZAtL KP.L.S. L/cerise No. 4909 2725 SWANTNER DR. '* CORPUS CHRISTI, TEXAS 78404 mail~urbaneng.com 22 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: May 8, 2001) Case No. 0401-02~ Jubilee Development: A change of zoning from an "AB" Professional Office District to a "B-i' Neighborhood Business District on Windsor Park Unit 4, Block 34, Lots 9 and 10, located on the east side of Everhart Road, approximately 450 feet north of McArdle Road. Planning Commission and Staff's Recommendation (04/11/0D: Approved. Requested Council Action: Approval of the "B-I' Neighborhood Business District and adoption of the aiXached ordinance. Purpose of Request: For office and jewelry/clothing boutique. Summary: The applicant has submitted a request for a change of zoning from an "AB" Professional Office District to a "B-I" Neighborhood Business District in order to convert an existing building into a retail uses. The subject property contains two (2) lots with a 900-square foot building on each lot and has direct access to an arterial, Everhart Road. A residential district and single-family development abuts the subject lots on the east. North of the subject property there is an office use and a single-family residence to the south. There is no direct access to a local street that traverses a residential area. An "AB" District permits general offices, medical offices, beauty and barber shops, and residential uses. The requested "B-I' District permits all offices, personal services and retail uses and restaurants. In 1997, City Council, with Planning commtssion's and Staff's recommendation, determined that this portion of Everhart Road was appropriate for business development. During the 1997 rezoning, it was also noted that approval of the rezoning would domino onto the other lots. The applicant currently occupies the south lot (Lot 10) with an office. The north lot (Lot 9) contains a vacant building. Both properties are served by a shared driveway that leads to the parking area in the rear of the lots. The "B-lA" District was considered because it is more protective to the residences than a "B-I" District, i.e. setbacks, masonry fence, trees, as xvell, as excluding certain uses. A "B-lA" District would also require a 15-font wide landscape strip along the rear property line of the subject property. It was determined that the property did not have the depth to meet the required 15-foot landscape strip and required parking without major modifications to the existing improved parking area. With the exception of a pawn shop and a liquor store permitted in the "B-I' District, the uses on the subject property xvould be no different than if the property were zoned a "B-lA" District. Applicant's Position: The applicant concurs with Planning Commassion and Staff's recommendation. Notification: Prior to the date of this memorandum, twenty-nine (29) notices were mailed to the property owners within a 200-foot radius, of which txvo (2) were returned in favor and none were returned in opposition. The applicant/owner of the subject property submitted a notice in favor. The 20% rule is not in effect. Michael N. Gunning, AICP ~ Director of Planning Agenda Memorandum May 8, 2001 Case No. 0401-02 (Jubilee Development) Page 2 MG/MS/er Attachments: 1) Zoning Report 2) Comments Received 3) Planning comrmssionMinutes 4) Ordinances Pages Page Page Pages 3-11 12 13 14-15 H:~PLN.DIR\ERMA\WORD~AGEN DMEM\0401-02AGEN DAM EMO DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal DeseriptiowLoeation: 0401-02 April 1 I, 2001 90-8 (H16A) Jubilee Development Windsor Park UrJt 4, Block 34, Lots 9 and I0, located on the east side of Everhart Road. approximately 4_% feet north of McArdle Road. 0.358 acre (15,600 square feet) Same as above. "AB" Professional Office District "B- 1" Neighborhood Business District Office/residentiaL For office and jewelry/clothing boutique. Not applicable. Area of Request: Lot(s) Area: Current Zoning,: Request: Current Use of Proper .ty: Purpose of Request: Zoning Change Requested Due to Notice of Violation: Adiaeent Zoning: North, South, West - "AB" Professional Office District East- "R-1B" One-£amily Dwelling District Adiaeent Land U~e: North - Office. South, East - Residential. West - (across Ex erhart Road) Vacant land. Zoning Report Case No. 0401-02 (Jubilee Deveiopment} Page 2 Number of Residential Units Allowed: "AB" - 12 units (36.30 dwelling units per acre) ~'B-I" - 12 units (36.30 dwelling units per acre) Estimated Traffic Generation: Specialty retail - 40.67 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 1,850 square feet = 75 average weekday vehicle trip ends. Adiacent Streets/Classification: a) Everhart Road - arterial. Right-of-Way Design Current: a) 80-foot righi-of-way with a 62-foot back-to-back paved section. Planned: a) Same as current. 1996 Traffic Count (24-hour, ~veekdav~ non-directional): a) 28,230 vehicles per day. Zoning History of Property: There has been no rezoning activity within the past five (5) years. Recent Surrounding Zoninq Cases: In December 1990, Lot 2, located on the west side of Everhart Road. south of McArdle Road and southxvest of the subject propert3~, ~vas granted a change of zoning from an "AB" District to a "B-I" District for a resale boutique. In September 1992. Lots 6C & 7. located on the west side of Everhart Road, north of Lamont Street and northwest of the subject property, xvere granted a change of zoning from an "AB" District to a "B-I" District for a retail store xvithin the office building. Zoning Report Case No. 0401-02 (Jubilee Development~ Page 3 In December '1992, Lot 6, located on the east side of Everhart Road, south of Lamont Street and north of the subject property, was denied a change of zoning from an "AB" District to a District, and in lieu thereof, was granted a Special Permit for a floral shop. Then in August 1997, the property, was granted a change of zoning to a "B-t' District. In November 1995, Lot 15, located on the east side of Everhart Road, south of McArdle Road and south of the subject property, was granted a change of zoning from an "R-I B" District to an "AB" District for an office. In November 1998, Lots 6A & 6B, located on the northwest comer of Everhart Road and Lamont Street and northwest of the subject property, were granted a change of zoning from an "AB" District to a "B-I" District for a computer sales store. Zoning Inventory: The subject property, is part of a larger area zoned an "AB" District that is developed with offices, single-family residences, hair salons, a pawn shop and a funeral home. North of the subject property, there is a single lot that is zoned a "B-I" District and developed with a hair salon. Further north, there is more "B-I" District that contains office buildings, nightclub and retail uses. West of the subject property and abutting it to the east, the area is zoned an "R-lB" District and is predominantly developed with single-family residences. Planning Staff Analysis: General Characteristics and Backeround: The applicant has submitted a request for a change of zoning from an "AB" Professional Office District to a "B-I" Neighborhood Business District in order to convert an existing building into a retail uses. The subject property contains two (2) lots with a 900-square foot building on each lot and has direct access to an arterial, Everhart Road. A residential district and development abuts the subject lots on the east. North of the subject property there is an office use and a single-family residence to the south. There is no direct access to a local street that traverses a residential area. An "AB" District permits general offices, medical offices, beauty and barber shops, and residential uses. The requested "B-I" District permits all of the above plus retail uses and restaurants. In 1997, City Council, with Planning Commission's and Staff's recommendation, determined that this portion of Everhart Road was open for business zoning. During the 1997 rezoning, it was noted that approval of the rezoning would domino onto the other lots. The applicant currently occupies the south lot (Lot 10) with an office. The north lot (Lot 93 contains a vacant building. Both properties are served by a shared drivexvay that leads to the parking area in the rear of the lots. The "B-lA" District ~vas considered because it is more protective to the residences than a "B-I" District, i.e. setbacks, masonry fence, trees, as well, as excluding certain uses. A "B-lA" District would also require a 15-foot wide landscape strip along the rear property, line of the subject property. It was determined that the propem., did not have the depth to meet the required 15-foot landscape strip and required parking Zoning Report Case No. 0401-02 (Jubilee Development~ Page 4 without major modifications to the existing improved parking area. With the exception of a pawn shop and a liquor store permitted in the "B-I" District, the uses on the subject property would be no different than if the property were zoned a "B-lA" District. Conformiw to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "B-I" District. The Southeast Area Development Plan's adopted future land use map recommends the area to develop with neighborhood business uses. The requested "B-I" District is consistent with the Plan's adopted future land use map. Potential Housin~ Density: Both the "AB" and "B-t" District permit a density, of 36.30 dwelling units per acre or 12 units on the subject property.. The change of zoning will not affect the overall density of the area. Height/Bulk/Setbacks/Etc.: Both the "AB" and "B-I" Districts require a front yard setback of twenty (20) feet with the "AB" District requiring a side and rear yard setback often (10) feet each. The "B-I" District does not require a side or rear yard setback unless adjacent to a residential district where a setback often (I0) feet each would be required. Both the "AB" and "B-I" Districts limit building heights to three (3) stories with the "AB" District allowing 45 feet and the "B-I" allo~ving 35 feet. Signage: An "AB" District permits one wall sign with an area not to exceed twenty (20) square feet. A freestanding sign, in lieu of a wall sign, with an area of twenty (20) square feet and a height of fifteen (15) feet may be permitted ~vith Planning Commission approval. The "B-I" District permits unlimited wall signs and one freestanding sign per premise with a sign area not to exceed forty. (40) square feet and a height of twenty (20) feet. Traffic: The subject property has direct access to an arterial. Everhan Road, that is carrying over 28,000 vehicles per day. The proposed uses would add approximately 70 more vehicles. ParkinvdScreening: A retail establishment is required to provide at least one off-street parking space for each 200 square feet of gross floor area. The existing 1,850 square feet of total gross floor area would require that at least ten (I0) off-street parking spaces be provided. The bulk of the parking spaces are provided in the rear of the property.. A standard screening fence xvith a height of not less than six (6) feet is required when a business or industrial use locates adjacent to a residential district. A screening fence is required along the east property, line of the subject property and xvill be a condition for obtaining a Certificate of Occupancy. Zoning Report Case No. 0401-02 (Jubilee Development) Page 5 Pros: a) b) c) Cons: a) b) Staff Recommendation: Attachments: Costs to City: All of the infrastructure required to service the subject property and the proposed used are available and no costs to the Ci~ are anticipated. Plattinq: The subject property, contains two (2) platted lots and further replatting is not required. (Ideas in support of the request.) Previous zoning cases approving a "B-I" District set the precedent of a neighborhood business zoning being an acceptable classification along this portion of Everhart Road. The requested "B-I" District is consistent with the Southeast Area Development Plan's adopted future land use map. The subject property has direct access to an arterial. Everhart Road. __ (Ideas in support of maintaining the current zoning.) The traffic impact from retail uses along this portion of Everhart Road could make a bad situation worse. The existing "AB" District is more residential-friendly than a business district. Approval. Zoning and Ownership Map Ownership List Southeast Area Location Map H:~°LN-DIR\E RMA\WORD ZONKPTS\0401-02 REPORT DOC 7 2O 3 28 - Property Owner in Favor X - Property Owner Opposed See Comments on Page(s) /Z, Mar ,30. 2001 -RP 100 20( CASE Z0401-02 )O Subject property O~nere ~tith[n 200 feet listed on attached ownarshi0 list OWNERSHIP LIST CASE NO. 0401-02 Applicant: Jubilee Development c/o Virgil Hinojosa 4802 Everhart Road 78411 1 Z0401-02 606300010010 SVD REALTY LP P O BOX 8216 6400 LMPERIAL DR WACO TX 76714 OSO FARM TRACTS 5.65 ACS OUT OF'IR 1 2 Z0401-02 633600000010 WYATT RENTALS LTD 4825 EVERHART RD STE 1 CORPUS CHRISTI TX 78411 PARK TERRACE 490.41' X 290' BLK A 4 Z0401-02 976700330070 BARRETO MICHAEL MATTOS ET THERESA ANN BARRETO 4726 WYNONA CORPUS CHRISTI TX 78411 WINDSOR PK 4 LT 7 BK 33 5 Z0401-02 976700330080 SANDERS JERRY 4730 WYNONA CORPUS CffRISTI TX 78411 WINDSOR PK 4 LT 8 BK 33 7 Z0401-02 976700330100 FOUST WILLIAM C AND CAROLYN K BRANDON 4802 WYNONA CORPUS CHRISTI TX 78411 WINDSOR PK 4 LT 10 BK 33 8 Z0401-02 976700330110 RITTGERS COLBERT A 4806 WYNONA DR CORPUS CHRISTI TX 78411 WINDSOR PK 4 LT 11 BK 33 10 Z0401-02 976700330130 WALLACE RAYMOND F P O BOX 189 ROCKPORT TX 78381 WINDSOR PK 4 LT 13 BK 33 11 Z0401-02 976700340050 ESP INVESTMENT TRUST 4518 BLUEFIELD CORPUS CHRISTI TX 78413 WINDSOR PK 4 LT 5 BK 34 3 Z0401-02 976700330060 GARCIA HECTOR J JR ET UX IRMA 4722 WYNONA DRIVE CORPUS CHRISTI TX 78411 WINDSOR PK 4 LT 6 BK 33 6 Z0401-02 976700330090 DE VINCENTIS J W ET UX 4734 WYNONA CORPUS CHRISTI TX 78411 WINDSOR PK 4 LT 9 BK 33 9 Z0401-02 976700330120 RITTGERS MICHAEL L 4810 WYNONA DR CORPUS CHRISTI TX 78411 WINDSOR PK 4 LT 12 BK 33 12 Z0401-02 976700340060 ROSENBERG JOSEPH ET UX P O BOX 8196 CORPUS CHRISTI TX 78468 WINDSOR PK 4 LT 6 BK 34 13 Z0401-02 976700340070 ALIAZIILEH MANI-IAL K 4726 EVERHART CORPUS CHRISTI TX 78411 WINDSOR PK 4 LT 7 BK 34 14 Z0401-02 976700340080 CORPUS CHRISTI PREGNANCY 4730 EVERHART CORPUS CHRISTI TX 78411 WINDSOR PK 4 LT 8 BK 34 15 Z0401-02 976700340110 AltlVIED SAID A ET Lrx 4806 EVERHART CORPUS CHRISTI TX 78411 WINDSOR PK 4 LT 11 BK 34 16 Z0401-02 976700340120 SER_NA RiCHARD O 4810 EVERHART CORPUS CHRISTI TX 78411 WINDSOR PK 4 LT 12 BK 34 17 Z0401-02 976700340130 O'BRIEN OTTO D AND DOROTHY O'BRiEN 4814 EVERHART CORPUS CHRISTI TX 78411 WINDSOR PK 4 LT 13 BK 34 18 Z0401-02 976700340140 CRUZ ROBERT A ET UX 4602 HOGAN CORPUS CHRISTI TX 78413 WINDSOR PK 4 LT 14 BK 34 q Ownersh/p List Case No. 0401-02 C Jubilee Development) Page 2 19 Z0401-02 976700340210 POLK KENNETH L 1002 BELMEADE DR CORPUS CHRISTI TX 78412 WINDSOR PK 4 LT 21 BK 34 22 Z0401-02 976700340240 PATRICK CALVIN R 4451 GOLLIHA~ CORPUS CHRISTI TX 78411 WINDSOR PK 4 LT 24 BK 34 25 Z0401-02 976700340270 MENDEZ ABAD 4729 WYNONA DRIVE CORPUS CHRISTI TX 78411 WINDSOR PK 4 LT 27 BK 34 20 Z0401-02 976700340220 BABBITT JESS A RT 1 BOX 106 CORPUS CHRISTI TX 78415 WINDSOR PK 4 LT 22 BK 34 23 Z0401-02 976700340250 MARTINEZ JUAN C ET UX 4801 WYNONA CORPUS CHRISTI TX 78411 WINDSOR PK 4 LT 25 BK 34 26 Z0401-02 976700340280 JORDAN VIRGINIA 4725 WYNONA CORPUS CHRISTI TX 78411 WINDSOR PK 4 LT 28 BK 34 21 Z0401-02 976700340230 MORALES FERNANDO ET UX MARTHA O 4809 WYNONA CORPUS CHRISTI TX 78411 WINDSOR PK 4 LT 23 BK 34 24 Z0401-02 976700340260 VERA RICARDO F AND SALLY L VERA WFE 4733 WYNONA DRIVE CORPUS CHRISTI TX 78411 WINDSOR PK 4 LT 26 BK 34 27 Z0401-02 976700340290 RITTGERS KEN 4806 WYNONA CORPUS CHRISTI TX 78411 WINDSOR PK 4 LT 29 BK 34 28 Z0401-02 976700340300 VENTERS CYN'DA GLENN PARKE 4405 DODY CORPUS CHI~.ISTI TX 78411 WINDSOR PK 4 LT 30 BK 34 29 Z0401-02 ROW TEXAS DEPT. OF TRANSPORTATION 1701 S. PADRE ISLAND DR. CORPUS CH1LISTI, TEXAS 78416 SP Z0401-02 976700340100 JUBILEE DEVELOPMENT INC P O BOX 6736 CORPUS CHRISTI TX 78466 WINDSOR PK 4 LT 10 BK 34 SP Z0401-02 976700340090 HOLMS WILLL~M R ETUX LEIGHANN 505 LARIAT DRIPPING SPRINGS TX 78620 WINDSOR PK 4 LT 9 BK 34 Z0401-02 LEROY SAN MIGUEL MAINTENANCE DEPARTMENT CORPUS CHRISTI I.S.D. P. O. DRAWER 110 CORPUS CHRISTI. TEXAS 78403 /O Z 0 COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0401-02 Jubilee Development · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: Favor: 16) i8) Opposition: Richard O. Sema, 4810 Everhart Road "B-I" is a Neighborhood Business District. Allows small businesses to operate at their highest and best use. I don't believe that businesses fronting on Everhart Road. Pose any threat to the neighbors behind them." Robert A. and Patsy C. Cruz, 4602 Hogan Dr. "Everhart Road is primary "B-I" zoning, therefore, we do not oppose." None. II. Responses received from outside the 200-foot notification area: Favor: · Virgil Hinojosa, Jubilee Development, 4802 Everhart Road No written comment. Opposition: None. III. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H 5PLN-D IR~ERMA\WORD'COMM DATA\0401-02COM M ENTS.DOC /£ Planmng Comrmssion Minutes April 1 l, 2001 Jubilee Development: 0401-02 REQUEST: "AB" Professional Office District to "B-I" Neighborhood Business Distririct on Windsor Park Unit 4, Block 34, Lots 9 and 10 and located on the east side of Everhart Road, approximately 450 feet north of McArdle Road Mr. Saldafia provided a PowerPoint presentation of the subject property and the surrounding The subject property is part of a larger area zoned an "AB" District that is developed with offices, single-farnily residences, hair salons, a pawn shop and a funeral home. North of the subject property, there is a single lot that is zoned a "B-l" District and developed with a hair salon. Further north, there is more "B-I" District that contains office buildings, nightclub and retail uses. West of the subject property and abutting it to the east, the area is zoned an "R-lB' Distrct and is predominantly developed with single-family residences. Mr. Saldafia said that the applicant has submitted a request for a change of zoning from an "AB" Professional Office District to a "B-1" Neighborhood Business District in order to convert an existing building into a retail use. The subject property contains ~vo (2) lots with a 900-square foot building on each and has direct access to an arterial, Everhart Road, and abuts a residential district on its east. North of the subject property there is an office use and a single-family residence to the south. There is no direct access to a local street that traverses a residential area. An "AB" Distrct permits general offices, medical offices, beauty and barbershops, and residential uses. The requested "B-I' District permits all of the above plus retail uses and restaurants. In 1997. City Council, with Planning cornnnssion and Staff's recommendation, deternUned that tins portion of Everhart Road was open for business zoning. During the 1997 rezoning, it was noted that approval of the rezoinng would domino onto the other lots. The applicant currently occupies the south lot (Lot 10) with an office. The north lot (£ot 9) contains a vacant building. Both properties are served by one driveway that leads to the parking area in the rear of the lots. The "B-IA" District was considered because it is more protective to the residences than a "B-I" Distrct, i.e. setbacks, masonry fence, trees, as ~vell, as excluding certain uses. A "B-IA" District would also require a 15-foot wide landscape strp along the rear property line of the subject property. After much discussion, it was determined that the property did not have the depth to contain a fueling station and, the proposed retail store, as most retail stores along tliis road, ~vould close at 9:00 p.m.. The required I5-foot landscape strp would require the major modification of the existing parking area to the point that the subject property would not have sufficient area to provide the required parking. With the exception of a pawn shop and a liquor store permitted in the "B-I" District, the uses on the subject property xvouId be no different than if the property were zoned a "B-lA" District. The Southeast Area Development Plan's adopted future land use map recommends the area to develop with neighborhood business uses. The requested "B-I" Distrct is consistent with the Plan's adopted future land use map. Therefore Staffrecommends approval ofrezoning request. Public hearing ~vas opened. Virgil Hinojosa, Portland Texas, explained that he did not request a "B-lA" District because it required landscaping in the rear of the property which is currently being used for parking. Pubic hearing was closed. Motion by Pusley, seconded by Salazar. to approve the rezoning request. Motion passed. APPLICANT'S REQUEST PLANNING COMMISSION AND STAFF'S RECOMMENDATION AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JUBILEE DEVELOPMENT, BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 9 AND 10, BLOCK 34, WINDSOR PARK UNIT 4, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B-I" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Jubilee Development, for amendment to the zoning ordinance and zoning map of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 11,2001, during a meeting of the Planning Commission, and on Tuesday, May 8, 2001, during a meeting of the City Council. in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Chdsti and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning of Lots 9 and 10, Block 34, Windsor Park Unit 4, located on the east side of Everhart RoacL approximately 450 feet north of McArdle Road, from "AB" Professional Office District to "B-I" Neighborhood Business District. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. sECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August. 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. H:\LEG-DIR\DOYLEDCURTIS\MYDOC S~00 I\P&ZORD0 I~.ONING.OR D\DOYLEC~001~Z040102A.DOC Page 2 of 3 SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 8th day of May, 2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM April 19, 2001 James R. Bray. Jr. City A~.~,.k3 e y .,~ /v Doyle D~C'urtis - Senior Assistant City Attorney H:\LEG-DIR\DOYLEDC URTIS\MYDOCS~200 I\P&ZORD0 i~ONiNG.O RD\DOYLEC~00 I~Z040102A.DOC 23 CITY COUNCIL AGENDA MEMORANDUM May 4, 2001 AGENDA ITEM: Presentation: Aggregation Opportunities for Municipalities and Political Subdivisions Regular Agenda Item: Resolution approving the Articles of Incorporation and By- Laws of the South Texas Aggregation Projection, Inc. and membership in the corporation by the City of Corpus Christi. ISSUE: On April 10, 2001, the City Council passed Resolution 024422, which approved the Articles of Incorporation for the South Texas Electdc Project, Inc. (STEP). Since that time, the Texas Secretary of State has determined that the name of South Texas Electric Project (STEP) cannot be used without the consent from the South Texas Electric Cooperative. Rather than request such consent, the Cities Steering Committee is now requesting a name change to South Texas Aggregation Project. In addition, the Cities Steering Committee is requesting that its members, including the City of Corpus Christi, approve By-Laws and membership in the Project. BACKGROUND: Senate Bill 7 (SB 7) in the 1999 Legislature enacted electric deregulation and allowed cities and other entities to aggregate their electric load for purposes of purchasing electricity more economically. On March 23, 2001, the City of Corpus Christi hosted a meeting of CPL area cities to discuss aggregation. The consensus of the meeting was that the cities should proceed together to aggregate electric load through a political subdivision corporation. PREVIOUS COUNCIL ACTION: Approval of Resolution 024422 Incorporation. on April 10, 2001, approving Articles of RECOMMENDATION: Approval of resolution as presented. Marl~ L. McDa-nie-~ Director of Management and Budget AGGREGATION OPPORTUNITIES FOR MUNICIPALITIES AND POLITICAL SUBDIVISIONS PRESENTATION TO CITIES SERVED BY CPL GEOFFREY M. GAY LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN & TOWNSEND, P.C. P. O. Box 1725 Austin, Texas 78767 (512) 322-5800 (512) 472-0532 (Fax) March 23, 2001 RETAIL ELECTRIC COMPETITION Geoffrey M. Gay Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C. March 23, 2001 PRESENTATION TO CITIES SERVED BY CPL RETAIL ELECTRIC COMPETITION Retail Electric Competition Commences January 1, 2002 Post-S.B. 7 Deregulated .N. CO ~ / ttve Power// ' I T&D Utility [ Power , End User Regulated ~ Payment //~ Affiliated REP [ Iwith nrice to beatl \ , 'POLR ...... / I Aggregat°rs · Deregulated 2 RETAIL ELECTRIC COMPETITION Price to Beat Customers 6% reduction to January 1, 1999, bundled price, adjusted for fuel costs, available to residential and small commercial customers. Price protection possible for up to 5 years. RETAIL ELECTRIC COMPETITION All Other Customers Must select services from among retail electric providers (REPs) who may price products as they wish. 3 RETAIL ELECTRIC COMPETITION Options for Addressing 1. Do nothing - accept price to beat and offered by incumbent utility's affiliated REP for unprotected load. 2. Independently negotiate with various REPS for service to total city load or alternatively, non-price to beat load. 3. Create a bargaining unit with other political subdivisions to maximize market strength a. private aggregation b. public aggregation RETAIL ELECTRIC COMPETITION Is Price to Beat Necessarily the Best 1. Higher fuel prices will be charged during summer; 2. Fuel prices may negate 6% price reduction; 3. Protection will ultimately expire; 4. Aggregation of total load may lead to lower total electric bill than reliance on price to beat; 5. Utilities may appeal role. 4 RETAIL ELECTRIC COMPETITION Infmmation for Economic · Annual cost and average price per kWh. · Account-by-account spreadsheet of monthly data: Consumption Demand Cost Tariff with applicable riders · Analysis of price to beat vs. non-price to beat. RETAIL ELECTRIC COMPETITION City of Irving Example 408 Electric Accounts Approximately $2.7 million annually 2-5 accounts with market exposure have current cost of $600,000 to $1.2 million 5 RETAIL ELECTRIC COMPETITION Issues to Consider · Can aggregation costs? · Can reliance on price to beat and aggregation of non- price to beat load produce a favorable result? · Is the price fixed? For how long? Who assumes the risk of fuel price volatility? · Who controls the project? RETAIL ELECTRIC COMPETITION Issues to Consider (cont.) · What are the opportunities for serving · citizen aggregation · adding additional load · Are load management discounts available? · Are subsidies apparent? · How is the aggregation project financed? needs: 6 RETAIL ELECTRIC COMPETITION Options for Aggregation 1. Hire a private aggregator. 2. Form your own political subdivision corporation. 3. Join an established political subdivision corporation. · CAP? · TWCA TCA (Tarrant & Dallas Counties) · Houston Galveston COG RETAIL ELECTRIC COMPETITION Goals of Cities Aggregation Power · Investigate the viability of a statewide aggregation project versus smaller regional projects; · Investigate whether cities' aggregated load presents an attractive profile to potential suppliers; and If not, whether cities should aggregate with other political subdivisions; 7 RETAIL ELECTRIC COMPETITION Goals of Cities Aggregation Power · Evaluate whether only the non-price load should be aggregated; · Test whether it is possible to secure enough municipal participation to influence price; and · Obtain the best possible economic package for participating cities. RE TAI£ ELECTRIC COMPETITION Cost of Participation in CAPP · 1/2 of 1% of 2000 electric cost; Capped at $14,000; · to be refunded in administrative charges after 2003; and · covers start-up costs, load data analysis, RFP preparation, contract negotiation. 8 Overview To Aggregation Aggregation involves the joining of two or more electric customers into a single purchasing unit to purchase electricity. By joining together, these customers purchase a greater amount of electricity, and can negotiate for reduced electric rates because of their higher combined demand. An aggregator actively joins these customers together, but except in the case of political subdivision aggregation, does not take title to and may not resell electricity. An aggregator will turn the purchasing unit it creates over to a REP. In Rule §25.111, which was recently adopted by the PUC, there are two different classes of aggregators. A Class I aggregator is a person who joins customers other than municipalities and political subdivisions into a single purchasing unit, while a Class II aggregator is a person or municipality who provides aggregation services to municipalities or other political subdivisions. The rule also provides for the requirements that the aggregators must meet, as well as the registration requirements for aggregators. An aggregator may not be a REP. In regard to municipalities and political subdivisions, there are four separate classes: a person that aggregates municipalities and/or political subdivisions, a political subdivision corporation that aggregates political subdivisions, a public body that aggregates for its citizens who request the service, and an administrator of citizen aggregation. In addition to PUC Rule §25.111, Local Government Code §303 also provides requirements for aggregation by political subdivisions for other political subdivisions and/or the citizens of the political subdivisions. Aggregation is addressed in the Public Utility Regulatory Act §§39.353, 39.354, and 39.3545. 9 STATUTORY CONCEPTS FOR MUNICIPAL AGGREGATION 1. An aggregator is a person joining two or more customers, other than municipalities and political subdivisions, into a single purchasing unit to negotiate the purchase of' electricity from retail electric providers (REPs). Municipalities are not persons and cannot be aggregators. Aggregators cannot sell or take title to electricity. PUPA §39.353 2. A municipal aggregator is a person authorized to by two or more municipal governing bodies to create a single purchasing unit to negotiate with REPs or aggregation by a municipality under the Local Government Code. PUPA §39.354 3. A political subdivision aggregator is a person or political subdivision corporation authorized by two or more political subdivision goveming bodies to join the bodies into a single purchasing unit to negotiate ~vith REPs to serve facilities of the bodies or aggregation by a person or political subdivision under the Local Government Code. PUPA §39.3545 Aggregation by Political Subdivision Corporations Political subdivision may include county municipality, hospital district or other political subdivision receiving electricity from an entity participating in retail competition. Political subdivisions join together to create a political subdivision corporation to act as agent for the political subdivisions with respect to their own electricity use for their respective public facilities. The corporation may negotiate, contract, and purchase electricity. It is not constrained to dealing a specific REP or turning its participants over to a REP. The Corporation may recover its expenses through dues or a per kWh aggregation fee, or 'a combination of both. The Corporation may appear on its own behalf before regulatory agencies, the courts or the Legislature. The Corporation has all powers under the Non-Profit Corporation Act. Local Government Code §303.001 10 REGISTRATION UNDER THE COMMISSION AGGREGATION RULE Aggregation - to join two or more electricity customers into a purchasing unit to negotiate the purchase of electricity by the electricity customer as part of a voluntary association of electricity customers, provided that an electricity customer may not avoid any non-bypassable charges or fees as a result of aggregating its load. There are two classes of Aggregators: Class I private Class II public Class I aggregators may never take title and must mm customers over to an REP. A Class I aggregator may not be a REP or an affiliate ora REP. There are four types of Class II aggregators: (A) Class IIA: A person that aggregates municipalities, political subdivisions, or both. May not take title. Negotiates with REPs to save load of public facilities. (B) Class IIB: Political subdivision Corporation. Negotiates the purchase of electricity from REPs, but may take title. (c) Class IIC: Public Body that aggregates its citizens by a means that can establish after the fact that participants affirmatively volunteered. A third party or another aggregator may administer the program under contract with the City. (D) Class liD: Administrator of citizen aggregation. A person with written authorization from a political subdivision to administer aggregation on behalf of citizens. Must register unless an employee of the political subdivision. May not be a REP. Registration Requirements of a Municipality or Political Subdivision or Corporation (Class liB and IIC): '1. 2. 3. 4. 5. 6. 7. 8. Name; Address; Names and addresses of officers; Affiliates and subsidiaries; Customer service representative; Regulatory contact; Types of electricity party intends to aggregate; and Any other information required on the registration form. 11 Mr. Gay's Direct Linc: (512)322-5875 Email: ggay~lg]awfirm.com MEMORANDUM TO: FROM: DATE: RE: Cities Served by Central Power and Light Company Geoffrey M. Gay, on Behalf of Cities Steering Committee and South Texas Aggregation Project May 3, 2001 Potential Savings In Future Electric Costs Through Aggregation At a meeting in Corpus Christi on March 23, 2001, representatives of Cities Served by Central Power and Light Company decided to create a non-profit political subdivision corporation for the purpose of aggregating the electric load of municipalities in the CPL service territory. It was agreed that the new corporation would be referred to as South Texas Electric Project (STEP). However, the Secretary of State will not permit use of that name absent consent from South Texas Electric Cooperative. Therefore, the name South Texas Aggregation Project, Inc. (STAP) will be used. Articles of Incorporation, By-Laws and a model resolution for your city to approve membership in STAP are attached. Most municipal accounts will be afforded "price to beat" protection through the CPL retail affiliate for up to five years. Some larger accounts (above 1,000 kW) will be immediately on January l, 2002 subjected to the deregulated marketplace, and it will be incumbent on each city to shop for the best price available for those accounts. Joining STAP should be of benefit to your c!ty because STAP's goals are: 1. to maximize price advantage by packaging a large quantity of highly desirable load; to seek contracts for electric power that will save cities money by undercutting the price to beat and reducing the average price per kWh below what cities should otherwise pay to CPL; and to assume the role of searching for electric providers and negotiating contracts. 1831 \00\mmo010503 grog Whether your city decides to join STAP or not, the Steering Committee of Cities Served by CPL highly recommends that your city become knowledgeable of the load and cost associated with each electric account. Attached please find spreadsheets for the orderly presentation and consideration of your city's electric consumption. If your city is interested in pursuing aggregation with other cities, it is critical that you prepare the information in the format requested. Please complete the attached forms and transmit them to STAP's consultants. Also, if you are interested in joining STAP, please forward a copy of the bill for each electric account for the month of March 2001. Please feel free to call or e-mail me ill can answer any questions. If you city desires to join STAP, please pass the attached resolution adopting the attached articles of incorporation and by-laws and sent a copy of the resolution and a check made payable to South Texas Aggregation Project, Inc. in an amount equivalent to 10¢ per resident of your city to the City of Victoria, P.O. Box 1758, Victoria, Texas 77902. Also, please send a copy of your resolution to Geoffrey Gay, Counsel to STAP at Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C., 111 Congress Avenue, Suite 1800, Austin, Texas 78701. [ 831 ~00\mmo010503gmg RESOLUTION APPROVING THE ARTICLES OF INCORPORATION AND BY-LAWS OF THE SOUTH TEXAS AGGREGATION PROJECT, INC., AND MEMBERSHIP IN THE CORPORATION BY THE CITY OF CORPUS CHRISTI WHEREAS, the City of Corpus Christi desires to explore the benefits of electric aggregation under Senate Bill 7, 1999 Legislature; and WHEREAS, the City Council of the City of Corpus Christi in Resolution 024422 (April 10, 200 !) approved the Articles of Incorporation of the South Texas Electric Project, Inc., now called the South Texas Aggregation Project, Inc., and wishes to approve the articles for the renamed corporation; and WHEREAS, By-laws have been developed for the South Texas Aggregation Project, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: The Articles of Incorporation and the By-laws of the South Texas Aggregation Project, Inc., a substantial copy of which are attached hereto and incorporated herein as Exhibit A, and Corpus Christi's membership in the South Texas Electric Project, Inc., in accordance with the Articles and By-laws, are hereby approved. ATTEST: Armando Chapa City Secretary APPROVED THIS THE ,~ DAY OF James R. Bray, Jr., City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi t~ -~ ,2001: IJRB0504.003 ARTICLES OF INCORPORATION OF SOUTH TEXAS AGGREGATION PROJECT, INC. ARTICLE ONE The corporation will conduct business under the names South Texas Aggregation Project, Inc. and STAP. ARTICLE TWO The period of its duration is perpetual. ARTICLE THREE The corporation is a non-profit political subdivision corporation under Chapter 303, Texas Local Government Code, entitled "Energy Aggregation Measures for Local Governments," as amended. ARTICLE FOUR The corporation has been organized for the purposes of purchasing electricity, aiding or acting on behalf of its members with respect to their own electricity use for their respective public facilities and that of their citizens, negotiating on behalf of its members for the purchase of electricity, making contracts for the purchase of electricity, and taking any other actions necessary to purchase electricity for use in the public facilities of the political subdivision or subdivisions represented by the corporation, and for all other purposes as may be permitted by law for political subdivision corporations. ARTICLE FIVE The street address for the corporation's initial registered office is Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C., 111 Congress Avenue, Suite 1800, Austin, Texas 78701, and the registered agent for the corporation at this address is Geoffrey M. Gay. ARTICLE SIX The corporation shall have members. Membership shall be determined under the terms and conditions provided in the corporation's by-laws. ARTICLE SEVEN The direction and management of the affairs of the corporation and the control and disposition of its properties and funds shall be vested in a Board of Directors composed of such number of persons, but not less than three, as may be fixed by the by-laws. Until changed by the by-laws, the original number of directors shall be nine (9). The names and addresses of the persons who are to serve as Directors of the corporation until their successors are duly elected and qualified are~ 1. James Darling 4. City of McAllen P.O. Box 220 McAllen, Texas 78505-0220 · 2. Mark McDaniel 5. City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 3. Denny Arnold 6. City of Victoria P.O. Box 1758 Victoria, Texas 77904 Larry Dovalina City of Laredo P.O. Box 579 Laredo, Texas 78042-0579 Hector M. Hinojosa City of Kingsville P.O. Box 1458 Kingsville, Texas 78364 William O. Lamb City of Pleasanton P.O. Box 209 Pleasanton, Texas 78064 2 Sunny Philip City of La Feria 115 E. Commercial Avenue La Feria, Texas 78559 James D. Roberts City of Charlotte P.O. Box 216 Charlotte, Texas 78011-0216 Richard Browning City of Edna 126 West Main Edna, Texas 77957 ARTICLE EIGHT The by-laws of the corporation shall be adopted by the Board of Directors and shall be approved by the governing body of each political subdivision for which the corporation is created. The governing bodies of at least three political subdivisions have approved membership in South Texas Aggregation Project, Inc. by resolution, ordinance or order. ARTICLE NINE The names and addresses of the incorporators are: 1. James Darling 3. City of McAllen P.O. Box 220 McAllen, Texas 78505-0220 Jimmy Bray City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 Denny Arnold City of Victoria P.O. Box 1758 Victoria, Texas 77904 3 The undersigned incorporator, who is over the age of eighteen (18) and is a citizen of the State of Texas, signs these Articles of Incorporation subject to the penalty imposed by Article 9.03A, Texas Non-Profit Corporation Act. James Darling THE STATE OF TEXAS § COUNTY OF § BEFORE ME, a notary public, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing document and, being by me first duly sworn, declared that the statements therein contained are tree and correct. Given under my hand and seal of office this __ day of 2001. Notary Public, State of Texas My Commission Expires: 4 The undersigned incorporator, who is over the age of eighteen (18) and is a citizen of the State of Texas, signs these Articles of Incorporation subject to the penalty imposed by Article 9.03A, Texas Non-Profit Corporation Act. Jimmy Bray THE STATE OF TEXAS § COUNTY OF § BEFORE ME, a notary public, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing document and, being by me first duly sworn, declared that the statements therein contained are true and correct. Given under my hand and seal of office this day of 2001. Notary Public, State of Texas My Commission Expires: The undersigned incorporator, who is over the age of eighteen (I8) and is a citizen of the State of Texas, signs these Articles of Incorporation subject to the penalty imposed by Article 9.03A, Texas Non-Profit Corporation Act. Denny Arnold THE STATE OF TEXAS § COUNTY OF § BEFORE ME, a notary public, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing document and, being by me first duly sworn, declared that the statements therein contained are true and correct. Given under my hand and seal of office this __ day of 2001. Notary Public, State of Texas My Commission Expires: 6 BY-LAWS OF SOUTH TEXAS AGGREGATION PROJECT, INC. ARTICLE I. Name and Purpose 1.1 Name. This corporation shall be known as South Texas Aggregation Project, Inc. It may also be known as STAP. 1.2 Purpose. The corporation has been organized for any and all lawful business for which corporations may be organized under the Texas Non Profit Corporations Act, for the purposes of purchasing electricity, aiding or acting on behalf of its Members with respect to their own electricity use for their respective public facilities and that of their citizens, negotiating on behalf of its Members for the purchase of electricity, making contracts for the purchase of electricity, and taking any other actions necessary to purchase electricity for use in the public facilities of the political subdivision or subdivisions represented by the corporation, for the purposes of acting as a local cooperative organization to purchase · goods and services for its members, and for all other purposes as may be permitted by law for political subdivision corporations. ARTICLE II. Board of Directors 2.1 Composition. There shall be a Chair and a Vice Chair on the board and such other directors as required for the performance of duties. 2.2 Powers. The affairs of the Corporation shall be managed by the Board of Directors, which may exercise all such powers of the corporation and do all such lawful acts and things as are not prohibited by statute, by the Articles of Incorporation of the Corporation, or by these by-laws. By illustration and without limitation, included among the powers of the Board of Directors is the power to negotiate the pumhase of electricity, aid or act on behalf of the political subdivisions for which the corporation is created, make contracts for the purchase of electricity, purchase electricity, and take any other action necessary to purchase electricity for use in the public facilities or by the citizens of the political subdivision or subdivisions represented by the Corporation; provided, however, no Member shall be obligated under any such contract unless the Member approves such contract. 2.3 Number, Tenure and Qualification. (a) Directors shall be elected to the Board at annual meetings of the Members as hereinafter described from a slate presented by the Board and from nominations by Members. Nominations for membership on the Board made by Members shall not be considered at any meeting of the Members unless such nomination has been presented in writing, signed by the Member or Members proposing the same, 2 and filed with the Secretary of the Corporation at least twenty (20) days prior to the date of the meeting at which said nominations are to be considered. From the nominations so made and no others, and from the slate presented by the Board, Directors shall be elected, and the person or persons receiving the highest number of votes shall be declared elected. If the election of Directors shall not be held on the day designated herein for any annual meeting of the Members, or at any adjournment thereof, the Board shall cause the election to be held at a special meeting of the Members, which shall be convened as soon thereafter as is possible. (b) The initial Board of Directors shall consist of nine (9) directors. An alternate shall be selected for each director. At the first annual meeting of the Corporation, to be held during June, 2001, the Members shall elect nine (9) Directors (Places 1, 2, 3, 4, 5, 6, 7, 8, and 9) from the participating Corporation Membership, which Directors will serve from their election until their successors are duly elected and shall qualify. The number of Directors may be increased or decreased by resolution of the Board, but no decrease shall have the effect of shortening the term of an incumbent Director. The first elected directors shall be selected based on the following: · each participating city with a population above 50,000 may select one board member and one alternate, who will serve at the will of the appointing authority; · all participating cities with a population greater than 25,000 but not greater than 50,000 will elect two board members and two alternates; · all participating cities with a population less than 25,000 will elect two board members and two alternates; any seat that remains open because of the failure of a city or group of cities to designate it authorized board member(s) will be filled by a vote of the members at large. (c) The first elected directors shall serve until December 31, 2003. The subsequent Board Member Selection Process will be determined by the first elected Board based upon aggregation project load of participants and must be established before December 31, 2003. The directors elected as a result of using the subsequent Board Member Selection Process shall serve two (2) year staggered terms with directors serving in place numbers that are odd elected in odd numbered years and those serving in place numbers that are even elected in even numbered years, except that the initial even place numbered directors will stand for re-election after one year. (d) Except for the initial Board, each Director of the Board must be an official or full- time salaried employee of a Member. Any Director who is an official or full-time salaried employee of an entity that ceases to be a Member participant of the Corporation, and any Director who ceases to be an official or full-time salaried employee of a Member, shall be automatically disqualified to serve as a Director, and the position shall become vacant, such vacancy to be filled in the manner provided in Section 2.5 of this 'Article II. 2.4 Removal. Directors may be removed from office, with or without cause, by an affirmative vote of the majority of the Members then entitled to vote at an election of the Directors at an annual meeting of the Members or a meeting called expressly for that 4 purpose; provided, no action to remove any Director shall be sufficient unless written notice that such action is to be considered shall have been given to all Members by the Chair or Secretary at least sixty (60) days before the meeting. 2.5 Vacancies. Any Director may resign at any time by giving written notice to the Secretary of the Corporation. Such resignation shall take effect at the time specified therein; and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Any vacancy occurring in the Board may be filled by the affirmative vote of a majority of the remaining Directors though less than a quorum. A Director elected to fill a vacancy shall be elected for the unexpired term of his or her predecessor in office. Any place on the Board to be filled by reason of an increase in the number of Directors shall be filled by the affirmative vote of a majority of the Directors then in office. A Director chosen to fill a position resulting from an increase in the number of Directors shall hold office until the next annual meeting of Members, at which time a successor shall be elected to serve until the expiration date set for his or her designated place. 2.6 Regular Meetings. A regular meeting of the Board shall be held annually in conjunction with the annual meeting of Members, for the purpose of organization, election of officers, and consideration of any other business that properly may come before the Board. The Board may provide, by resolution, the time and place for the holding of additional regular meetings. 2.7 Special Meetings. Special meetings of the Board may be called by the Chair of the Board or at the written request of any two Directors. The person or persons authorized to call special meetings of the Board may fix the place for holding any special meeting of the Board so called. If no place is fixed, the place of meeting shall be the principal office of the Corporation in Texas. 2.8 Voting; Ouomms. A majority of the number of Directors described in by Section 2.3 shall constitute a quorum for the transaction of business. The act of the majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board, provided, however, the Board may, by resolution, delegate any of its powers in whole or in part, temporarily or permanently, to any Director or committee of Directors then acting; any such delegation shall be by written instrument filed in the records of the Corporation. 2.9 Notice of Meetings. Notice for board meetings shall be provided to all Directors and Members either by mail not less than seventy-two (72) hours before the date of the meeting, by telephone, telegram, or telecopy on twenty-four (24) hours notice or on such shorter notice as the person or persons calling such meeting may deem necessary or appropriate in the circumstances. 2.10 Compensation. Duly elected or appointed Directors shall serve without compensation, but shall be reimbursed for reasonable costs of travel, meals, lodging and incidental expenses while on official business for the Corporation. 6 2.11 Reliance on Professionals and Experts. Directors are authorized to rely on information, opinions, reports and statements, including financial statements and other financial data, prepared or presented by others to the fullest extent permitted by applicable law. 2.12 Executive Committee. The Chair of the Board may appoint an Executive Committee of the Board to handle the affairs of the Board when regular or special Board meetings are not in session, with such functions as may be designated to the Executive Committee by the Board through a resolution properly adopted. The Executive Committee may consist of the Chair, Vice-Chair, and one or two other Directors as designated by the Chair. 2.13 Other Committees. The Chair is authorized to form any committees as needed in order to assist the Board with its information gathering and deliberations. 2.14 Specific Powers and Duties. The Board, in addition to other powers and duties herein conferred, imposed, and authorized by law, shall have the following powers and duties: (a) It shall carry out all of the duties necessary for the proper operation and administration of the Corporation on behalf of the Members and to that end shall have all of the powers necessary and desirable for the effective administration of the affairs of the Corporation. 7 (b) It shall be authorized to contract with any qualified individual, firm or organization to perform any of the functions necessary for the effective administration or operation of the Corporation, or to provide for the fiscal protection of the Corporation or in keeping with its fiduciary responsibilities as Directors. (c) It may hire attorneys, accountants, consultants, or such other professional persons that it may deem necessary aid to or for the Corporation. Those persons shall be paid as provided in the contract for hire as executed by the Chair of the Board. (d) It shall have the general power to make and enter into all contracts, leases and agreements necessary or convenient to carry out any of the powers granted under these by-laws or by any other law. (e) It shall provide for an annual audit of the books of the Corporation to be supplied to the Membership within 120 days following the close of each Corporation Year, or as soon thereafter as practicable. (f) It shall have the authority to terminate membership of any Member that fails to abide by the requirements of the Board concerning payment of annual dues or aggregation fees as provided in Article V, cooperate with any of the agents hired to provide administrative services on behalf of the Board, or takes any other action that may be detrimental to the Corporation. If dues or fees remain delinquent for ninety (90) days after the Board sends an invoice or notice of assessment, membership shall be terminated. 8 (g) It may collect interest on all past due accounts not to exceed the amounts allowed under applicable law. ARTICLE III. Officers 3.1 Generally. The Board shall elect from among their number a Chair of the Board and a Vice-Chair of the Board. The Board shall designate a Secretary, who may or may not be a Director, to keep the minutes and the records of the Board. The Board may appoint such other officers, assistant officers, committees and agents, including a treasurer, assistant secretaries and assistant treasurers, as they may consider necessary, who shall be chosen in such manner and hold their offices for such terms and have such authority and duties as may from time to time be determined by the Board. No person may simultaneously hold two offices. In all cases where the duties of any officer, agent or employee are not prescribed by the by-laws or by the Board, such officer, agent or employee shall follow the orders and instructions of the Chair of the Board. 3.2 Election; Tenure. The Chair of the Board, the Vice-Chair, and the Secretary shall be elected at the organizational meeting of the Board. If the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as a meeting may be conveniently convened. Other officers may be chosen by the Directors at such meeting or at any other time. Each officer shall hold office until the first of the following occur: until his or her successor shall have been duly elected and shall have qualified; or until 9 his or her death; or until he or she shall resign; or until he or she shall be disqualified pursuant to these by-laws; or until he or she shall have been removed in the manner hereinafter provided. 3.3 Removal. Any officer or agent may be removed by majority vote of the entire Board for cause or without cause whenever in its judgment the best interests of the Corporation will be served thereby. Neither notice nor a heating need be given to any officer or agent proposed to be so removed. Election or appointment of an officer or agent shall not in itself create contract rights. 3.4 Vacancies. A vacancy in any office, however occurring, may be filled by the Board for the unexpired portion of the term. 3.5 Powers and Duties of the Chair of the Board. Subject to the control of the Board and the Executive Committee, the Chair of the Board shall call meetings and preside over all meetings of the Members and of the Board, appear before governmental bodies as the designated spokesperson of the Corporation, execute contracts and financial instruments as may be specifically approved by the Board and shall have such other powers as may be reasonably incident to such responsibilities; and shall have such other powers and duties as may be designated in accordance with these by-laws and as from time to time may be assigned to him or her by the Board. 10 3.6 Vice-Chair. The Vice-Chair shall assist the Chair and shall perform such duties as may be assigned to him or her by the Chair or by the Board. In the absence of the Chair, the Vice-Chair shall have the powers and perform the duties of' the Chair. In addition, the Vice-Chair shall have such other powers and duties as from time to time may be assigned to him or her by the Chair or by the Board. 3.7 Secretary. The Secretary shall: (a) keep the minutes of the proceedings of the Members, the Executive Committee and the Board; (b) see that all notices are duly given in accordance with the provisions of these by-laws or as required by law; (c) be custodian of the records and of the seal of the Corporation and affix the seal to all documents when authorized by the Board; (d) keep at the Corporation's principal place of business within the State of Texas a record containing the names and addresses of all Members; and (e) in general, perform all duties incident to the office of Secretary and such other duties as from time to tie may be assigned to him or her by the Chair or by the Board. 3.8 Executive Director; Other Officers. The Board may select and appoint an Executive Director and any other employees to serve at the pleasure of the Board. At the discretion of the Board, the Executive Director may be an independent contractor or an employee of the corporation. The Executive Director and any other such employees duly selected and appointed employees shall receive such compensation and other benefits as the Board may determine, and, additionally shall be entitled to reimbursement of expenses for attendance at official meetings of and official functions for the Corporation. 11 ARTICLE IV. Membership 4.1 Eligibility. Any political subdivision that approves the Articles of Incorporation and these by-laws by ordinance, resolution, or order adopted by the governing body of the political subdivision and that purchases electricity through the Corporation, for one or more of their respective public facilities is eligible for membership in South Texas Aggregation Project, Inc., subject to the right of the Board to determine eligibility and conditions of membership, and subject further to the authority of the Board to terminate membership of any Member as provided herein, or in any agreement made between the Member and the Corporation. 4.2 Representation. Each Member shall appoint, by formal action by its governing body, a representative to act for it at the meetings of Members and shall give to the chair of the Board of Directors in writing the name of the person thus appointed. Only appointed representatives may act on behalf of Members in the conduct of business of the corporation. If at any time a Member withdraws from participation or otherwise has its membership status terminated, that Member shall no longer have a representative in the Membership, on the Board, or on any committee of the Corporation. Each Representative will serve until a successor is appointed. 12 4.3 Withdrawal. Any Member may withdraw from participation in the activities of the Corporation at any time upon thirty (30) days notice, whereupon it shall cease to be a Member, shall cease to be entitled or obligated to participate in the activities of all committees and subcommittees of the Board of Directors and shall have no further obligations as a Member; provided, however, that if such notice is given more than thirty (30) days after such Member's receipt of its statement of annual dues, fees and expenses for a fiscal year, the Member shall be obligated to pay for the full fiscal year subject to appropriation, within which such termination is effective. Withdrawal of membership does not alter contractual power arrangements to which the Member may have previously obligated itself. 4.4 Voting Rights. Voting rights are limited to Members. Votes will be based upon the proportionate aggregation electric load of the Members initially included in bid proposals or thereafter determined by load data from the most recent calendar year for which such data is available. 4.5 Annual Meetings. The annual meeting of the Members shall be held at a time and on a date selected by the Chair of the Board, with written notice to each Member, for the purpose of electing Directors, receiving the annual report from the Board, and for the transaction of such other business as may come before the meeting. If the day fixed for the aimual meeting shall be a legal holiday in the State of Texas, such meeting shall be held on the next succeeding business day. 13 4.6 Special Meetings. Special meetings of the Members, for any purpose, unless otherwise prescribed by statute, may be called by the Board, and shall be called by the Chair of the Board or by the Secretary at the request of not less than one-tenth (1/10) of all of the outstanding Members of the Corporation. 4.7 Place of Meeting. The Board may designate the place for any annual meeting or for any special meeting called by the Board. If no designation is made, or if a special meeting shall be called otherwise than by the Board, the place of meeting shall be the principal office of the Corporation in Texas. 4.8 Notice of Meeting: Votin~ by Ballots Forwarded by Mail. (a) Written or printed notice stating the place, day and hour of the meeting, and, in case of a special meeting, the purposes for which the meeting is called, shall be delivered, not less than ten (10) nor more than fifty (50) days before the date of the meeting (either personally or by mail), by or at the direction of the Chair of the Board or the Secretary to each Member entitled to vote at such meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail so addressed, with postage thereon prepaid. In order that Members may vote by mail, each notice of meeting shall include a ballot containing each issue to be voted at that meeting and instructions as to the date by which such ballot must be postmarked in order for the vote to be counted. 14 (b) Whenever notice is required in this Section 4.8 of Article IV, a waiver thereof in writing signed by the Member, whether before, at, or aRer the time stated therein, shall be equivalent to such notice. By attending a meeting, a Member waives objections to lack of notice or defective notice of such meeting unless the Member, at the begilming of the meeting, objects to the holding of the meeting or the transacting of business at the meeting. Further, a Member waives objection to consideration at such meeting of a particular matter not within the purpose or purposes described in the meeting notice unless the Member objects to considering the matter when it is presented. 4.9 Quorum. A quorum for the election of Directors, and conducting normal business at all meetings of the Members shall be twenty-five percent of the total aggregated load and ten percent of the Members present in person or voting by mail. 4.10 Informal Action by Members. Any action required to be taken at a meeting of the Members, or any other action which may be taken at a meeting of the Members, may be taken without a meeting if a consent or consents in writing, setting forth the action so taken, shall be signed by all of the Members with respect to the subject matter thereof. Such consent or consents shall have the same force and effect as a unanimous vote of the Members. 15 ARTICLE V. Funding 5.1 Generally. Funding of the corporation shall be by member political subdivisions through the assessment of dues or through an aggregation fee charged per kilowatt-hour, or a combination of both as determined appropriate by the Board of Directors. 5.2 Initial Membership Fee. The initial membership fee shall be 10 cents per capita based on 2000 federal census. Such fee shall not exceed $15,000, however. The initial fee will be credited against future administrative fees imposed after December 31, 2003. It is permissible for political subdivisions to pay the fee prior to formally joining the corporation and be credited with payment of the fee after a resolution approving the articles of incorporation and by-laws is passed by the political subdivision. 5.3 Board Authority. The Board shall have the authority to establish membership dues, an aggregation fee, or both, to be applicable to all Members of the Corporation. The Board may amend such dues and fees at its discretion. The Board shall have the authority to establish appropriate penalties that may be assessed against a Member for failure to pay the dues, aggregation fee, or both, established by the Board. 5.4 Statements. Membership fees will be billed annually; statements for other fees and expenses will be provided monthly as needed. Due dates for fees and expenses will be determined by the Board. 16 5.5 Books and Records. All Members of the corporation will have access to the books and records of the corporation, including financial statements and budgets; however, the Board of Directors may adopt policies that provide reasonable protection against the unnecessary disclosure of information to individual employees. ARTICLE VI. Indemnification 6.1 Liability. A Director, officer, employee or agent of the Corporation who performs his or her duties in good faith, in a manner he or she reasonably believes to be in the best interests of the Corporation, and with such care as an ordinarily prudent person in a like position would use under similar circumstances, shall not have any liability by reason of being or having been a Director, officer, employee or agent of the Corporation and shall not have any liability for any action taken by any employee, agent or independent contractor selected with reasonable care, or for any loss incurred through the investment of or failure to invest monies of the Corporation or any Trust Account. No Director, officer, employee or agent shall be liable for any action taken or omitted by another Director, officer, employee or agent. 6.2 INDEMNIFICATION. EACH PERSON WHO AT ANY TIME SHALL SERVE, OR SHALL HAVE SERVED, AS A DIRECTOR, OFFICER~ EMPLOYEE OR AGENT OF THE CORPORATION, OR ANY PERSON WHO, WHILE A DIRECTOR, OFFICER, EMPLOYEE OR AGENT OF THE CORPORATION, IS OR WAS SERVING AT ITS REQUEST AS A DIRECTOR, OFFICER, 17 PARTNER, VENTURER, PROPRIETOR, TRUSTEE, EMPLOYEE, AGENT OR SIMILAR FUNCTIONARY OF ANOTHER FOREIGN OR DOMESTIC CORPORATION, PARTNERSHIP, JOINT VENTURE, SOLE PROPRIETORSHIP, TRUST EMPLOYEE BENEFIT PLAN OR OTHER ENTERPRISE, SHALL BE ENTITLED TO INDEMNIFICATION AS, AND TO THE FULLEST EXTENT, PERMITTED BY ARTICLE 1396 SECTION 2.22A OF THE TEXAS NON PROFIT CORPORATION ACT OR ANY SUCCESSOR STATUTORY PROVISION, AS FROM TIME TO TIME AMENDED, SUCH ARTICLE OR SUCCESSOR PROVISION, AS SO AMENDED, BEING INCORPORATED IN FULL IN THESE BY-LAWS BY REFERENCE. THE FOREGOING RIGHT OF INDEMNIFICATION SHALL NOT BE DEEMED EXCLUSIVE OF ANY OTHER RIGHTS TO WHICH THOSE TO BE INDEMNIFIED MAY BE ENTITLED AS A MATTER OF LAW OR UNDER ANY AGREEMENT, VOTE OF DISINTERESTED DIRECTORS, OR OTHER ARRANGEMENT. IT IS EXPRESSLY ACKNOWLEDGED THAT THE INDEMNIFICATION PROVIDED IN THIS ARTICLE COULD INVOLVE INDEMNIFICATION FOR NEGLIGENCE OR UNDER THEORIES OF STRICT LIABILITY. 6.3 Advance Payment. The right to indemnification conferred in this Article VI shall include the right to be paid in advance or reimbursed by the Corporation the reasonable expenses incurred by a person of the type entitled to be indemnified under Section 2 who was, is or is threatened to be made a named defendant or respondent in a proceeding in advance of 18 the final disposition of the proceeding and without any determination as the person's ultimate entitlement to indemnification; provided, however, that the payment of such expenses incurred by any such person in advance of the final disposition of a proceeding, shall be made only upon delivery to the Corporation of a written affirmation by such Director or officer of his or her good faith belief that he or she has met the standard of conduct necessary for indemnification under this Article VI and a written undertaking, by or on behalf of such person, to repay all amounts so advanced if it shall ultimately be determined that such indemnified person is not entitled to be indemnified under this Article VI or otherwise. 6.4 Appearance as a Witness. Notwithstanding any other provision of this Article VI, the Corporation may pay or reimburse expenses incurred by a Director or officer in connection with his or her appearance as a witness or other participation in a proceeding involving the Corporation or its business at a time when he or she is not a named defendant or respondent in the proceeding. 6.5 Non-exclusivity of Rights. The right to indemnification and the advancement and payment of expenses conferred in this Article VI shall not be exclusive of any other right which a Director or officer or other person indemnified pursuant to this Article VI may have or hereafter acquire under any laxv (common or statutory), provision of the Articles of Incorporation of the Corporation or these by-laws, agreement, vote of members or disinterested Directors or otherwise. 19 6.6 Savings Clause. If this Article VI or any portion hereof shall be invalidated on any ground by any court of competent jurisdiction, then the Corporation shall nevertheless indemnify and hold harmless each Director, officer or any other person indemnified pursuant to this Article V[ as to costs, charges and expenses (including attorneys' fees), judgments, fines and in amounts paid in settlement with respect to any action, suit or proceeding, whether civil, criminal, administrative or investigative, to the full extent permitted by any applicable portion of this Article VI that shall not have been invalidated and to the fullest extent permitted by applicable law. 7.1 ARTICLE VII. Code Of Conduct Policy and Purposes. (a) It is the policy of the Corporation that Directors and officers conduct themselves in a manner consistent with sound business and ethical practices; that the public interest always be considered in conducting corporate business; that the appearance of impropriety be avoided to ensure and maintain public confidence in the Corporation; and that the Board establish policies to control and manage the affairs of the Corporation fairly, impartially, and without discrimination. (b) This Code of Ethics has been adopted as part of the Corporation's by-laws for the following purposes: (a) to encourage high ethical standards in official conduct by Directors and corporate officers; and (b) to establish guidelines for such ethical standards of conduct. 20 7.2 Conflicts of Interest. (a) Directors and officers shall be governed by Local Government Code Chapter 171, Regulation of Conflicts of Interest of Officers of Municipalities, Counties and Certain Other Local Governments. (b) An employee of a public entity may serve on the Board. It is specifically recognized that as an official or employee of a public entity, that person's primary loyalty is to the political subdivision that employs them. It shall not be a conflict of interest for said Board member to express opinions or vote in a manner that reflects the self-interest of the public entity that the Board member represents. 7.3 Nepotism. No Director or officer shall appoint, or vote for, or confirm the appointment to any office, position, clerkship, employment or duty, of an person related within the second degree by affinity or within the third degree of consanguinity to the Director or officer so appointing, voting or confirming, or to any other Director or officer. ARTICLE VIII. Miscellaneous Provisions 8.1 Fiscal Year. The fiscal year for the Corporation shall begin October 1 and end September 30. This fiscal year shall also be referred to as the Corporation Year. 8.2 Seal. The seal of the Corporation shall be such as from time to time may be approved by the Board. 21 24 AGENDA MEMORANDUM DATE: May 1,2001 SUBJECT: Geographic Basemap Update - Project No. 90061 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an agreement for geographic information system and surveying services in the amount of $658,480 with Thompson Professional Group, Inc. of Houston, Texas, for the Update and Conversion of the Geographic System (GIS) Basemap. ISSUE: Update of the GIS basemap and its supplementary layers is necessary to help ensure the basemap conforms to actual locations in the field. FUNDING: Funding is available from the Adopted FY2001 Operating Budget (Municipal Information System and Combined Utility Fund). RECOMMENDATION: Ogilvie Gericke, P.E. Director Information Systems Foster Crowell Wastewater Su er tendent ~/a~rie Gray,'~LE. 'T I 9t~rm Water Superiqltendent Approval of the motion(~/_,~esented. Eduardo Gara~fa, P. E. Water Superintendent Gas Superinten~ Attachments: Exhibit A. Exhibit B. Background Contract Summary H:\HOME\KEVINS\GEN\GIS\FY2001\!01AWD.M ADDITIONAL INFORMATION SUBJECT: Geographic Basemap Update - Project No. 90061 BACKGROUND: A Geographic Information System allows us to handle map and land related data by combining software with geographic databases. It supports mapping, infrastructure management, emergency services and vehicle routing, land records management, facility siting and environmental assessment. The City selected Genamap software more than ten years ago for development of our Geographic Information System and developed the basemap internally using recorded subdivision plats. The recorded plats are of variable accuracy that has created a level of inaccuracy with the basemap and the supplementary map layers. The data and information within the subdivision plats is of generally better accuracy. The City has previously made limited adjustments to the Downtown and Flour Bluff areas that improved basemap accuracy. The City also contracted with Texas A&M University - Corpus Christi Geographic Information Science program to assist in conducting basemap accuracy assessment. The assessment and prior adjustments validated the benefit and need of such adjustments. The software (Genamap) we originally selected ten years ago has now lost market share and off-the-shelf applications are limited today. As a result, few cities or other entities are still using it. To improve access, sharing of data and availability of off- the-shelf software, MIS included in our FY 01-02 Budget request, funds to transition from Genamap to ESRI software. CONTRACT SUMMARY/PROJECT: The project will use field Global Positioning System (GPS) surveys to locate 750 secondary control monuments to be used in adjusting the basemap. This method will allow for a Digital Cadastral Basemap that shows positions to within 1.5' of their true location on the ground. This consultant will then make the necessary update and conversion of sixteen (16) basemap layers and thirty (30) supplementary layers. The consultant will also locate and tie an estimated 8,000 visible utility improvements (fire hydrants, water valves, gas valves, wastewater manholes, storm water manholes and inlets). A contract summary is attached. See Exhibit B. Thompson Professional Group successfully completed the two prior partial adjustments for the City. They were also the only team that had completed basemap conversions. Their team included one of the nation's foremost experts with the City's GIS software (Genamap). Field survey will be conducted by three local firms (Gotdston Engineering, Govind Engineers & Consultants, and Pyle & Associates). Approximately 60% of the contract effort will be expended for field survey work by the three local firms. H:~MIS-DIR\FRANS\!01AWD.DOC EXHIBIT"A" J Page 1 of I CONTRACT SUMMARY I. SCOPE OF SERVICES A. BASEMAP ADJUSTMENT Services to be Provided by Consultant: 1. adjust with appropriate statistical analysis the existing digital basemap and other supplementary layers to accurately represent positions on the ground in Texas State Plane Coordinates, Texas South Zone, NAD83 (1993) in US Survey Feet; 2. use digital copies of the City's current GIS basemap and supplementary layers in Genamap software format, the City's existing Global Position System (GPS) control point locations, the City's existing and the Consultant's proposed control points, and the City's existing and Consultant's proposed field work that ties the GPS points to nearby subdivision boundary corners; 3. breaking major areas of the basemap data into approximate subdivision-sized portions and adjusting the portions to the new GPS control points; 4. adjustment will avoid rubbersheeting of the basemap or supplementary layers; 5. perform the work under the supervision of a registered professional land surveyor; 6. deliver a adjusted data that falls within 0.10' at said subdivision boundary corners unless the basemap cannot support that accuracy; 7. produce a Digital Cadastral Base Map that shows positions to within 1.5' of their true location on the ground; 8. maintain existing Genamap feature tags in the digital basemap and other supplementary layers; 9. identify areas in which additional subdivision boundary corners need to be located by GPS or other means; 10. provide surveying (via GPS and conventional surveying) to tie these corners into the existing control network; 11. locate and occupy a total of 750 secondary control monuments to be used for basemap adjustment; 12. use the 94 National Geodetic Survey (NGS) certified GPS monuments established by the City as the primary control for the project; 13. uniquely number and tag each secondary control monument and reference it to the NGS primary control monument used to determine the secondary monuments position; 14. base the position of each secondary control monument position on the published position and subsequent measurements to the primary control monument used as a base; 15. observe a second primary control monument for a directional orientation and as a redundant check; 16. maintain final coordinate values at an accuracy of 0.10 feet on each point after adjustment processing; 17. generate a datasheet for each point containing information such as subdivision name, lot number, block number, point identification, monument description, street name, antenna height, date and time of survey in a final format as determined by the City Surveyor; 18. immediately notify the Director of Municipal Information, or his designee, in writing if a discrepancy is found within the basemap itself (i.e.; street right-of-way different in field than as mapped); 19. will not correct any discrepancies in the basemap under this scope of services; 20. provide a cross check of 5% of the subdivision boundary corners observed via GPS; 21. deliver, at least monthly through the project, digital files of adjusted data to the City, including statistical analysis of final coordinates following the adjustment of each portion. 22. complete statistical analysis of GPS positions and adjustments of control points for all observations; 23. include the estimated accuracy of every basemap coordinate with the results of the adjustment; 24. document accuracy estimates for each basemap coordinate and supply accuracy estimates to the City as metadata to indicate the spatial accuracy of each point on the basemap; 25. provide to the Director of Municipal Information, or his designee, metadata contents consisting of: · of the value of the semi-major axis radii at the 95 percent confidence interval error ellipse derived fTom the least squares adjustment of the basemap; · the date on which the value was established; · the GPS or control point referenced from which the point was adjusted; 26. supply metadata to the Director of Municipal Information, or his designee, in Genamap ZF02 file format utilizing the node ID as the tag and the error listings described above as the attribute. Exhibit B Page 1 of 3 Map layers to be adjusted are: BASEMAP LAYERS Feature Genamap File Name Parcels (ownership) J 15, J 16, etc. Please see notes, below Parcel Dimension Text Please see notes, below LOTLINES Lots (platted lot lines) J15LOTS, J16LOTS, etc. Lot Number Text Shoreline SHORE Easements J 15ESMT, J 16ESMT, etc. Street Right-of-Way STROW Street Name Text STS Major Street Centerlines COVER Major Street Name Text COVERTXT Road Centerlines J 15CL, J 16CL, etc. Subdivision Boundary J 15SUB, J 16SUB, etc. Subdivision Text J15SUBTXT, J 16SUBTXT, etc. Block Text J 15BLKTXT, J 16BLKTXT, etc. Annexation Boundary ANNEX :ity Limit Line CCLL Notes: The parcel layer is approximately 130 square miles and has approximately 125,000 tagged parcels). IUPPLEMENTARY LAYERS Feature File Name Fire Response Districts FRD Gas Mains, Valves J15G, J16G, etc. J15LDS, J16LDS, etc. Gas Text J15DIM, J16DIM Parks PARKS Floodplain Boundary J15FEMA, J 16FEMA, etc. Single Member District VOTEDIST Voting District VOTER Census Tract CTR Census Tract Text CTRTXT Census Block Group J 15CBG, J 16CBG, etc. Census Block Group Text CBGTXT Census Block J15CB, J16CB, etc. Traffic Zone TZ Traffic Zone Text TZTXT Area Development Plan ADP Area Development Plan Text ADPTXT Zoning Boundary J 15Z, J 16Z, etc. Zoning Text J 15ZTXT, J 16ZTXT, etc. Land Use Boundary J15LU, J16LU, etc. Land Use Text LUTXT Storm Water Ditches and Outfalls DITCH Storm Water Watershed BASINS Storm Water Mains, Inlets J15ST, J16ST, etc. DITCHCL Street Light J 15LITES, J 16LITES, etc. Exhibit B Page 2 of 3 Traffic Sign J15SIGNS, J16SIGNS, etc. Wastewater Gravity Mains, Manholes J15WW, J16VWV, etc. Wastewater Force Main F.MAINS Wastewater Text J 15WVVT, J 16WWT, etc. Water Mains, Fire Hydrants, Valves J15W, J 15W, etc. Water Text J15WTX, J16WTX, etc. B. ADDITIONAL CITY FACILITY TOPOGRAPHIC DATA The Consultant will: 1. provide topographic information on City facilities such as fire hydrants, water valves, gas valves, wastewater manholes, storm sewer manholes, and curb inlets within a radius of 200 feet of the 750 secondary control monuments (estimated number of points 8,000); 2. tie all City facilities that are Iocatable from a visual and easily accessible inspection of the 200-foot radius area to the secondary control monuments; 3. tag all tied facilities on the basemap and supplemental layers to identify the facility (Genamap); 4. deliver data points and feature tags in Genamap format. C. DELIVERABLES The Consultant will deliver to the Director of Municipal Information, or his designee, the following: 1. digital copies of all adjusted basemap and supplementary map layers in digital Genamap (version 7.2) software format with all map files in NAD83 projection (1993 adjustment) Texas State Plane Coordinate System (in US Survey feet).; 2. fifteen (15) hard copy plots at 1"=200' of random subgrids (i.e. G15B) for the basemap and each supplementary layer; 3. all observed GPS survey data, digital traverse data, and final adjusted coordinates of the result of the least squares adjustment, if applicable, and metadata describing data accuracy; 4. monthly progress reports shall be provided which detail the amount of data updated as well as the number of tags in both the pre-adjusted and post adjusted areas; I1. FEE FOR SERVICES AUTHORIZED Task Description Fee II.A Basemap Adjustment $500,000 II.B Additional City Facility Topographic Data 158,480 TOTAL $658,480 Exhibit B Page 3 of 3 25 CI'TY COUNC'rL AGENDA MEMORANDUM AGENDA ITEM: Resolution re-affirming the Financial Policies adopted by Resolution No. 023319 and providing a policy to maintain the General Fund fund balance at a sufficient level in future years. ISSUE: The City's Financial Policies require annual adoption by the City Council each May. These Policies serve as a basis for preparing the City's annual budget. The attached Resolution essentially reaffirms the same policies in effect the last three years. Section 4 has been slightly modified to reflect that we anticipate reaching the City's five percent fund balance goal in General Fund by current year end. Only one new section has been added to address new Governmental Accounting Standards Board (GASB) requirements of Statement 34, which should have the impact of maintaining and strengthening the City's bond rating. REQUI'RED COUNCI'L ACT~'ON: Adoption of Resolution, reaffirming the City's Financial Policies. Director of Management and Budget ADDTr'~ONAL SUPPORT MATER.L~L Copy of current Financial Policies [] RESOLUTION REAFFIRMING AND AMENDING FINANCIAL POLICIES ADOPTED BY RESOLUTION NO. 023319 AND PROVIDING A POLICY TO MAINTAIN THE FUND BALANCE FOR THE GENERAL FUND AT AN ADEQUATE LEVEL WHEREAS, the City of Corpus Christi has a commitment to citizens as expressed in its Mission Statement: "Our Mission is to provide the citizens of Corpus Christi, collectively, excellent quality products and highly responsive services in the areas off Infrastructure Needs (including water, wastewater, gas distribution, solid waste, aviation and streets); Protective Services (including law enforcement, fire and health); Quality of Life Enrichment (including housing and community development, libraries, cultural and leisure activities); Economic Development (including support of existing economic bases and encouragement of growth); and Development Services (including engineering, planning and inspection...)"; and WHEREAS, financial resources are budgeted to fulfill this commitment; and WHEREAS, it is prudent to adopt financial policies and actions to rebuild General Fund ending balances to acceptable levels and ensure that those levels are maintained in future years; WHEREAS, the City Council adopted a Financial Policy in January 1997 by Resolution No. 022828, reaffirmed the Financial Policy in June 1997 by Resolution No. 022965, modified the Financial Policy in July 1997 by Resolution No. 022992, adopted a new Financial Policy in May 1998 by Resolution No. 023319; reaffirmed the Financial Policy in May 1999 by Resolution No. 023657; and again reaffirmed the Financial Policy in May 2000 by Resolution No. 024044; WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, Resolution No. 023319 requires City Council to reaffirm the financial policy annuali~ in conjunction xvith preparation of the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the following Financial Policy reaffirms and amends the financial policies adopted by Resolution No. 023319. This Financial Policy is made part of the City Comprehensive Policy Manual. SECTION 2. A primars,' goal for the General Fund operating budget is that current budgeted revenues will equal or exceed current budgeted expenditures. Only unforeseen or emergency cimumstances will be considered justification for utilizing the fund balance or contingency funds. SECTION 3. To ensure that current and future operations are protected from severe impact of any economic slowdowns or unforeseen expenditures, adequate financial resources will be set aside in the General Fund ending balances. SECTION 4. It is the goal of the City Council to build a reserve in the General Fund ending balance which totals at least five (5%) percent of total annual General Fund appropriations. That reserve is intended to provide for a reasonable financial cushion to mitigate unforeseen circumstances, changes in economic conditions and/or other emergencies. That reserve will be built by allocating any surplus in the General Fund for a given year to this reserve in lieu of allocating that surplus for subsequent expenditure. Reasonable actions will be taken to ensure the generation of surpluses to meet this policy including conservative budgetary practices, close scrutiny of expenditures, identification of new resources, and other budgetary and management practices as appropriate. The Council will also consider allocation to the reserve all or a portion of one-time revenues that were not anticipated in the budget and which are not required to meet current year's appropriations. It was anticipated that the goal of having this 5 percent reserve could be accomplished within 5 years. However, this goal is anticipated to be met upon the conclusion of FY2000-01. Staffis hereby directed to prepare a plan to maintain this policy and shall report on progress toward meeting this goal at least annually as part of the budget process. Unique situations may arise in which the timing of external actions out of the City's control may require the use of the funds in the reserve up to and after the time in which this policy goal is reached. These situations will be noted in the budget and in evaluation of progress and compliance with the Financial Policy and any amount of reserve that is used will be replaced in the immediate subsequent fiscal year or in accordance with a repayment plan that is specifically approved by City Council. SECTION 5. The City has developed an implementation plan to comply with the Governmental Account Standards Board Statement No. 34, "Basic Financial Statements and Management's Discussion and Analysis for State and Local Governments" for the Fiscal Year Ending July 31, 2002. One of the requirements of the statement is to depreciate the City's General Fixed Assets, which was not done in the past. The implementation plan specifies that an outside appraisal firm be hired to assist in valuating these assets. Funds may be required to accomplish this evaluation and will be appropriated as necessary. · ~ECTION 6. Consistent with these policies and to provide additional security, the GO Debt Bond Fund will continue to maintain an acceptable level of fund balance to cover a substantial portion of the subsequent year principal and interest debt obligation. SECTION 7. The City Council and City Staff will pursue new and enhanced revenue sources at both the local and state levels. SECTION 8. Recognizing that expenditure controls are a major factor in achieving these goals, the City Manager will revie~v and make expenditure recommendations. SECTION 9. The City Council is prepared to make expenditure reductions that may be necessary to meet these goals. SECTION 10. This budget policy will be reaffirmed by the end of May, prior to consideration of the budget, and the City Manager is instructed to prepare the budget in accordance with these policies. ATTEST: CITY OF CORPUS CHRISTI Annando Chapa, City Secretary Samuel L. Neal, Jr., Mayor Legal form approved "yv~ ~ ,2001; James R. Bray, Jr., City Attorney By: Lisa Aguilar~ Assistant City Attorney 26 CITY COUNCIL AGENDA MEMORANDUM Date: May 3, 2001 AGENDA ITEM: Resolution adamantly and unqualifiedly opposing Redistricting Plan approved by the Redistricting Committee of the Texas House of Representatives; and urging in the strongest possible terms that the Texas Legislature reject the Plan and that the Governor veto the Plan if passed. ISSUE: The Redistricting Committee of the Texas House of Representatives has approved a plan, previously discussed with the Council, which is highly detrimental to the interests of the Coastal Bend. The Mayor has asked that Staff prepare a resolution opposing the plan. The resolution is attached, along with a letter previously sent by the Mayor on this issue. RECOMMENDATION: Staff recommends approval of the resolution as presented. ~l~fivid R(r/Ga~cia, City Iv~anager 1JRB4409.002 RESOLUTION ADAMANTLY AND UNQUALIFIEDLY OPPOSING REDISTRICTING PLAN APPROVED BY THE REDISTRICTING COMMITTEE OF THE TEXAS HOUSE OF REPRESENTATIVES; AND URGING IN THE STRONGEST POSSIBLE TERMS THAT THE TEXAS LEGISLATURE REJECT THE PLAN AND THAT THE GOVERNOR VETO THE PLAN IF PASSED WHEREAS, the Redistricting Committee of the Texas House of Representatives has approved the Committee Substitute to House Bill 150 which approves Plan 01063H (the "Plan"); and WHEREAS, the Plan shockingly eviscerates the vital interests of the Coastal Bend, which include our coastal industries, port facilities, tourism and convention facilities, universities and colleges, development, and environment; and WHEREAS, the Plan would create a gerrymandered House of Representatives District 44 lacking any pretense of being compact and continuous; and WHEREAS, the proposed, gerrymandered District 44 picks up large water areas (Corpus Christi and Nueces Bays, and two miles into the Gulf of Mexico), one precinct in south Corpus Christi, Texas A&M University - Corpus Christi, part of Mustang Island, the City of Port Aransas, and several precincts in northwest Corpus Christi, with relatively small population areas; then picks up Jim Wells, Duval, Jim Hogg, and Starr Counties, all the way to the Rio Grande; and WHEREAS, this linking of our coastal interests with the Rio Grande destroys the traditional community of interest of the Coastal Bend as it has been historically represented in the Legislature, and permanently diminishes legislative representation of the vital coastal interests of the Coastal Bend; and WHEREAS, the proposed, gerrymandered District 44 is unwise, unfair to the Coastal Bend area, and probably illegal. · NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Partisan advantage is not a consideration in the proper configuration of District 44 and is specifically not the concern of the City of Corpus Christi; the critical concern is the future proper representation of our community of interests regardless of which candidate the voters choose to select. SECTION 2. The City Council of the City of Corpus Christi adamantly and unqualifiedly opposes the Plan. H:~LEG.DiR~JiMMYx,WPDOCS\LEG I $\ [ J RB4409 001 SECTION 3. l~he City of Corpus Christi, in the strongest possible terms, urges that the Texas Legislature reject the Plan, and that the Governor veto the Plan if passed by the Legislature. SECTION 4. The City Manager is directed to convey the City's opposition to the Plan to the Texas Legislature, the Governor, and other interested state and local officials. ATTEST: Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED THIS THE ~ DAY OF /~ o~ ,~ ,2001: James R. Bray, Jr., City Attorney H:kLEG-DIR~J IMM Y\WPDOCSLLEG IS\I JRB4409 001 Chnst April 26, 2001 Honorable Delwyn Jones Chairman, House Redistricting Committee Texas House of Representatives P. O. Box 2910 Austin, Texas 78768-2910 Re: House Working Plan, 04/23/02 PLAN01003H Dear Chairman Jones and Committee Members: Yesterday I made a special trip to Austin to express my area's extreme alarm and concem about the above plan. I regret that I had to catch a flight back to Corpus Christi before your committee was able to conduct its headng last night. Please accept this letter as my testimony. Upon receiving the above working plan Tuesday, the Corpus Christi City Council was shocked by the configuration of District 44, which obviously would eviscerate the vital interests of the Coastal Bend. Those interests include our coastal industries, port facilities, tourism and convention facilities, development, and environment. The proposed, gerrymandered District 44 picks up large water areas (Corpus Christi and Nueces Bays, and two miles into the Gulf of Mexico), one precinct in south Corpus Christi, Texas A&M University - Corpus Christi, part of Mustang Island, the City of Port Aransas, and several precincts in northwest Corpus Christi, with relatNely small population areas, then picks up Jim Wells, Duval, Jim Hogg, and Staff Counties, all the way to the Rio Grande. Linking our coastal interests with the Rio Grande destroys our traditional community of interest as tt has been historically represented in the Legislature, and permanently diminishes legislative representation of the vital coastal interests cf the Coastal Bend. At last night's hearing, the excellent presentation by Representative Gene Seaman, and Representative Vilma Luna's remarks, were directly on target and we wish to associate ourselves with those remarks. The configuration of Dlstrtct 44 in the working plan is unwise, unfair to our area, and probably illegal. Of Rcc of the M~yor P.O. Box 9277 · Cot'pus Christi, T~xas 78469-9277 * (361) 880-3100 · Fax (36t) 880-3103 We urge you in the strongest possible terms to develop a new plan which preserves the community of ]nterasts existing in the Coastal Bend In a reasonably compact district. Partisan advantage is not a consideration in the proper configuration of this district and is specifically not our concern; the critical concern is the future proper representation of our community of Interests regardless of which candidate the voters choose to select. We respectfully request your utmost consideration of our deep concerns for the long-term detrimental effects of this plan on the Coastal Bend. Sincerely, Samuel L. Neal, Jr. Mayor Honorable Rick Perry, Governor of Texas Honorable Bill Ratllff, Lieutenant Governor of Texas Honorable Pete Laney, Speaker of the House Honorable Carlos Truan Honorable Vilma Luna Honorable Gene Seaman Honorable Jaime Capelo Honorable Judy Hawley Council Members David R. Gamia, City Manager ~ CITY COUNCIL AGENDA MEMORANDUM Date: May 8, 2001 AGENDA ITEM: Public Hearing to receive public comments regarding the City of Corpus Christi's proposed FY2001 Consolidated Annual Action Plan (CAAP) that is the application for funding for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs. B. Council discussion and possible action on a tentative list of projects/activities to be funded. ISSUE: HUD regulations require a public hearing prior to adoption of the Consolidated Annual Action Plan. REQUIRED COUNCIL ACTION: Conduct Public Hearing and tentative approval of projects/activities. FUTURE COUNCIL ACTION: FY2001 Consolidated Annual Action Plan Adoption. RECOMMENDATION: It is recommended that a brief presentation be made to the City Council at the opening of the public hearing so that staff may outline the FY2001 Plan and recommended programs. Mr. David Berlanga Sr., Chairman of the Planning Commission, has drafted a memo detailing the Planning Commission's recommended programs that is included irt the agenda packet. After the public hearing is concluded, the City Council may, at their option, undertake discussion and adoption of the tentative list of projects/activities to be funded under the FY2001 Program. Staff and Planning Commission have reached mutual agreement on all of the recommendations as indicated on Attachment D with the exception for CDBG Project #47, Ballet Nacional Hispanic Arts Center, CDBG Project #-49, Coastal Bend Community Foundation, ESG Project #4, Corpus Christi Metro Ministries, Inc. and ESG Project #8, The Women's Shelter. "VV.' Thomas Utter, Assistant City Manager ADDITIONAL SUPPORT MATERIAL Background Information BACKGROUNDINFORMATION The Consolidated Annual Action Plan (CAAP) application to the U.S. Department of Housing and Urban Development (HUD) includes the CDBG, ESG and HOME Programs. The City has been advised by the HUD that its FY2001 allocation is $7,247,000 that includes: $5,082,000 Community Development Block Grant (CDBG) $1,992,000 HOME Investment Partnerships (HOME) $173,000 Emergency Shelter Grants (ESG) In addition, program income of approximately $750,000 from loans provided during previous CDBG years and $310,736 of reprogrammed funds is available for the CDBG Program. Therefore, a total of $6,142,736 is available for the FY2001 CDBG Program. In addition, funds from the Southmoreland Addition Street Improvement Phase I Project for $138,783 will be brought into the FY2001 Program year to continue the Southmoreland Addition Street Improvement for Phase 3 & 4. The FY2001 allocation reflects a significant increase in the CDBG Program of $376,000, a noticeable increase in the HOME Program of $204,000 and a negligible decrease in the ESG Program of $2,000 compared to FY2000. The proposed Consolidated Annual Plan has been developed according to HUD regulations. Addition.-.dly, the CDBG Program, as presented, is in accordance with the guidelines adopted by the City Council for the CDBG Program as outlined in Attachment A. Additional support materials for your review are as follows: Attachment B Schedule of CDBG Funds to be Reprogrammed Attachment C Maps highlighting recommended CDBG street projects Attachment D Summary of available funds, requested projects/activities, and staff recommendations for the CDBG, ESG and HOME Programs. Attachment E - CDBG Proposals submitted by February 16 Attachment F ESG Proposals submitted by February 16 Attachment G Public Hearing Notice The City of Corpus Christi has expended more than $100 million through the CDBG Program which includes approximately $9 million of program income generated through the various programs administered by the Housing and Community Development Department. The HOME Program began in 1992 to increase and improve affordable housing opportunities. Total HOME funds of over $13 million have funded rental and home ownership subsidy programs as well as rehabilitation and reconstruction of affordable housing. The ESG Program provides funds to homeless providers to defray the cost of operations and maintenance of local emergency shelters as well as providing funds for rehabilitation, counseling, training and other essential services homeless prevention activities. Since 1987, the City has received more than $1.2 million in ESG funds. Public Hearinqs/Citizens Participation Process The Planning Commission held a public hearing on March 21, 2001 and adopted their recommendation on March 28, 2001. A summary of the proposed plan was published on April 1, 2001 delineating the Planning Commission recommendations. The City Council public hearing on the FY2001 Consolidated Annual Action Plan has been scheduled for 6:00 p.m. on May 8, 2001. After completion of the public hearing, the Council will have the opportunity to tentatively adopt a list of projects to be funded under the program as their Action Plan. Final adoption of the Consolidated Annual Action Plan of which the funding is one part will be before the City Council on May 15, 2001. Publication of the final plan CAAP will be published on May 20, 2001. cc: David G. Garcia, City Manager H:'~HCD-DIRVDANIEL~AGENDA~FY2001 ~PublicHeadng. Counc~l-l.wpd Notes and Comments