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Home My WebLink AboutAgenda Packet City Council - 10/23/2001CITY COUNCIL AGENDA City of Corpus. Chnst October 23, 2001 Reminder - The Corpus Christi City Council will hold an annexation public hearing on Monday, October 22, 2001 at 6:00 p.m. at the Port Royal Ocean Resort, Grand Ballroom, 6317 State Hwy 361 on Mustang Island 1:45 p.m. Proclamation declaring October 21 - 28, 2001 as "Pastoral Care Week" Proclamation declaring October 21 - 27, 2001 as "National Respiratory Week" Proclamation declaring October 27, 2001 as "Annual Coastal Bend Health and Safety Fair" Proclamation declaring October 27, 2001 as "Make a Difference Day" Swearing-in ceremony for newly appointed substitute Municipal Court Judge Margie Silva Flores AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD OCTOBER 23, 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 of the audience will be provided an opportunity to address the Council at approximately 5:30 p.m. or at the end of the Council Meeting, whichever is eadier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si ud. Desea dirigirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingles-espa~ol es todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or sen/ices 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 Brother Michael Hale, Travis Baptist Church. C. Pledge of Allegiance to the Flag to the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem Jesse Noyola Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Mark Scott City Manager David R. Garcia City Attorney James R. Bray, Jr.__ City Secretary Armando Chapa __ Agenda Regular Council Meeting O~ober23,2001 Page 2 E. MINUTES: Approval of Regular Meeting of October 16, 2001. (Attachment #1) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. 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. H= CONSENT AGENDA Notice to the Public The fo/lowing items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. Ali items will be acted upon by one vote without being discussed separately un/ess requested by a Council Member er a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence afterthe items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on afl motions, resolutions and ordinances not removed for individual consideration) Motion approving a supply agreement with Southwest Stainless, LLP. dba Hughes Supply, San Antonio, Texas for approximately 2,277 cast iron foundry items in accordance with Bid Invitation No. BI-0004-02 based on Iow bid for an estimated annual expenditure of $54,789.29. 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 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting O~ober23,2001 Page 3 supplier and the City Manager or his designee. These items will be purchased into Warehouse Inventory and used by the Gas, Water, Wastewater, Stormwater, Street and Traffic Engineering Departments. Funds have been budgeted in FY2001-2002. (Attachment # 2) Motion approving a supply agreement for approximately 45,940 hours of temporary custodial services for the Convention Center and Coliseum in accordance with Bid Invitation No. BI-0183-01 with Spherion, Corpus Christi, Texas, based on best bid, for an estimated annual expenditure of $373,492.20. 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 are budgeted in FY2001-2002. (Attachment # 3) Motion authorizing the acquisition of Parcel 12, out of Lot 5, Section 8, Bohemian Colony Lands, in the amount of $33,475 from the owner, Martha G. Spear in connection with the Lift Station Improvements and Carolyn Heights Diversion to Greenwood Wastewater Treatment Plant. (Attachment # 4) Motion authorizing the City Manager or his designee to execute a construction contract with MCC Construction Corporation in the amount of $51,385 for the Bayview Cemetery, Phase 2, Fencing Project. (Attachment # 5) Motion authorizing the City Manager or his designee to execute Change Orders 23 and 24 with Fulton/Coastcon, Inc., A Joint Venture, totaling $43,817.17 for the Corpus Christi International Airport Terminal Project. (Attachment # 6) Motion authorizing the City Manager or his designee to execute a consulting contract with Alan Plummer & Associates, Inc. in the amount of $104,500 for Nueces Delta Monitoring Program, Program Coordination, and Report Integration Services (Rincon Bayou Diversions). (Attachment # 7) Motion authorizing the City Manager or his designee to execute a contract with Patrick F. Rice, Conservator, in the amount of $16,028 dba Objects Conservation, for the restoration of the Pompeo Coppini fountain sculpture, Queen of the Sea. (Attachment # 8) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting October 23, 2001 Page 4 10. 11.a. 11.b. 12. Motion granting a permit to Sabco Operating Company to drill an oil and gas well at an exceptional location, approximately 5.3 miles eastward of the Corpus Christi Marina in Corpus Christi Bay, as State Tract 55, Well #5. (Attachment # 9) Second Reading Ordinance - Authorizing the City Manager or his designee to execute an Oil and Gas Lease on approximately 1,136.227 acres of land owned by the City of Corpus Christi near the Corpus Christi International Airport for a cash bonus bid of $193,764, $25.00 per acre delay rentals, 25% royalty, with a three year term, as may be extended indefinitely by continuing drilling operations. (First Reading - 10/16/01) (Attachment # 10) Second Reading Ordinance - Approving a Special Warranty Deed conveying a tract of land containing 35.07 acres, more or less, out of a 400 acre tract of the Mariano L. De Herrera Grant, Abstract 606, said 400 acre tract conveyed by Bess L. Hurt, et vir, to Nina G. Stewart, widow, by Deed dated June 23, 1944, and recorded in Volume 300, Page 153, Deed Records of Nueces County, Texas from the City of Corpus Christi to the Nueces County Industrial Development Corporation and authorizing the City Manager or his designee to execute the deed. (First Reading - 10/16/01 ) (Attachment # 11 ) Second Reading Ordinance - Approving a Quit-Claim deed conveying 38.07 acres of land, more or less, out of Mariano L. De Herrera Grant, Abstract 606, being out of a 493.66 acre tract, said 493.66 acres being more particularly described in Volume 1643, Page 224, Deed Records of Nueces County, Texas, said 38.07 acres being same property identified under Tax Account Number 3360-0549-0300 in the official records of the Nueces County Appraisal District from the City of Corpus Christi to the Nueces County Industrial Development Corporation and authorizing the City Manager or his designee to execute the deed. (First Reading- 10/16/01 ) (Attach merit # 11 ) Second Reading Ordinance - Authorizing the approval of a Land Exchange Contract with the Texas Parks and Wildlife Department for the exchange of two 2.066-acre tracts between the City and the Texas Parks and Wildlife Department and authorizing the City Manager or his designee to execute same. (First Reading - 10/16/01) (Attachment # 12) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting October23,2001 Page 5 I. PUBLIC HEARINGS: ZONING CASES: 13. Case No. 0901-01, Murray Bass, Jr.: A change of zoning from an "A-1" Apartment House District to a "B-1" Neighborhood Business District on Lindale Park 4, Block 36, on the north side of McCall Street, approximately 120 feet west of Reid Drive. (Attachment # 13) Planninq Commission's and StafFs Recommendation: Denial of the "B-l" District, and in lieu thereof, approval of a Special Permit for an off-site parking lot subject to a site plan and five (5) conditions. ORDINANCE Amending the Zoning Ordinance upon application by Murray Bass, Jr., by changing the zoning map in reference to Lot 3, Block 36, Lindale Park Unit 4, (currently zoned "A-1" Apartment House District) by granting a Special Permit for an off-site parking lot subject to a site plan and five (5) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. PRESENTATIONS: Public comment will not be solicited on Presentation items. 14. South Texas Institute for the Arts Facility Expansion Project (Attachment # 14) 15. Strategy for Improved Animal Euthanasia/Control Practices (Attachment # 15) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 16.a. Ordinance appropriating $8,000 from HEB Trust Fund interest earnings for the HEB Tennis Center Trust for the HEB Tennis Center Expansion, Mildred and Lloyd Sessions Tennis Pavilion; amending the FY2001-2002 Budget, adopted by Ordinance No. 024528, by adding $8,000 to Trust Fund No. 6010. (Attachment # 16) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting O~ober23,2001 Page 6 16.b. 17. Motion authorizing the City Manager or his designee to execute a Project Management Agreement with the Corpus Christi Tennis Association, Inc. for the HEB Tennis Center Expansion (Mildred and Lloyd Sessions Tennis Pavilion), and authorizing a transfer of $340,000 from the HEB Tennis Center Trust Fund and $246,138.50 from the No. 3288 Park Capital Project Fund; subject to ratification of the agreement by the Corpus Christi Association Board of Directors. (Bond Issue 2000) (Attachment # ~6) Second Reading Ordinance - Providing for continuation of Ad Valorem Taxation of leased motor vehicles. (First Reading - 9/25/01) (Attachment # 17) PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 5:30 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. 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 ingles-espa~ol en la reunion 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 AT ANY COUNCIL MEETING. 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 Meeting Act, Chapter551 of the Texas Government Code. In the CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting October 23, 2001 Page 7 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 office. REPORTS: The fo/lowing 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. 18. CITY MANAGER'S REPORT 19. 20. O. NOTE: * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 2:30 .p.m., October 19 ,2001. City Secretary 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. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summa~,) 2001-2002 CITY COUNCIL GOALS AND PRIORITY ISSUES ~CONTINUING PRIORITY ISSUES Airport / Seawall / Convention Center / Arena · Continue quarterly reporting process for these initiatives. '86 Bond ,Issue Improvements Update smtns on Senior Centers. Provide communication on completion of these projects (e.g. "Report to the Community"). · Continue community involvement on issues such as Leopard Street improvements. Privatization / Re-Engineering · Clearly define "privatization" and "re-engineering." · Make decisions regarding privatization and re-engineering in the next 12-24 months, with discussions within 90 days. · Establish process to identi~ what services can and cannot be privatized. · Continue focus on park maintenance. Finance · Maintain the 5-year forecast model. · Review the August 1 budget adoption deadline. Crime Control and Prevention · Continue implementation of the Community Policing initiative. · Establish date for Crime Control and Prevention District election. · Continue City participation in Youth Opportunities United and other youth crime initiatives. Employee Health Care · Address concerns related to employee compensation and benefits, including health insurance. · Work to coordinate Police and Fire health benefits with those of other City employees Economic Development Sales Tax · Establish election date. Storm Water Utility · Reconsider implementation plan for a Storm Water Utility. Paekery Channel · Continue quarterly reports on the progress of the TIF and Beach Restoration Project. Landfill · Continue to evaluate the efficiency and effectiveness of operations. · Examine alternatives for solid waste management system, including privatization. lnternet · Continue regular updates and expansion of the City's web site, including individual council member web pages. · Establish target date for online permitting process. · Communicate brush pickup via e-mail. CDBG · Continue active role. Frost Bank Building · Lease and complete renovation Annexation Plan · Implement current island annexation plan ADA Transition Plan · Develop and approve ADA Transition Plan within 90 days. Redistrictino · Develop Council-approved redistricting plan for the City of Corpus Christi Industrial District Contract · Review Industrial District contracts and determine date for approval Council Action Items * Staff completes action requests in a timely manner. City / County Health Issues · Continue discussions with County to determine structure and process for the most effective and efficient delivery of health services Marketing of CC Museum and Columbus Ships · Continue to develop marketing plans for the Museum of Science and History and the Columbus Fleet INEW PRIORITY INITIATIVES AND ISSUES City staff will develop and present to City Council action/implementation plans for the following priority Desalination Pilot Project *Code Enforcement in Trashy Neighborhoods *Employee Classification Study Ma ster Drainage Plan -~Y Ganvood Water *New Golf Course *Charter Revision with Specific Charge(s) *More Funding for Economic Development *Fire and Police Contracts New Funding Sources / Plan for Inner City Improvements [~ Improve Permitting Process (online / customer sen'ice) ~] Padre Island Development Plan Downtown / South Central Development Plan (marina, t-heads, breakwater) Housing Emphasis / Process (older neighborhoods, working class neighborhoods) -- **Road Projects Southside Traffic Plan Relationships with Other Governments Development Initiative Packages *Park Rehabilitation *Leopard Street Curbs and Gutters Economic Development Summit and Post-Summ/t Meetings Agnes-Laredo Corridor Market (studies, plans) *Solid waste / Pickup Base Closures **Northwest Library Northside Development Plan Traffic Controls (channeling, studying on/offramps on SPID) *Five Points Ambulance Effluent Plan for Leopard Medians RTA--Public Improvements Arts and Sciences Park Plan Budget Item ** Capital Improvement Program Item MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 16, 2001 2:12 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tern Rex A. Kinnison Council Members: Brent Chesney Javier D. Colmenero Bill Kelly John Longoria Jesse Noyola Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle P. Ram6n ABSENT Henry Garrett Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. Don Tuttle, First Christian Church, and the Pledge of Allegiance to the United States flag was led by Council Member Longoria. 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 October 9, 2001. A motion was made and passed to approve the minutes as presented. Mayor Neal called for consideration of the consent agenda (Items 2-11). Council members requested that Items 5, 10, and 11 be discussed. There were no comments from the audience. City Secretary Chapa said Council Member Noyola would be abstaining from discussing or voting on Item 3. Mr. Chapa polled the Council for their votes and the following were passed: 2. M2001-386 Motion authorizing the City Manager or his designee to execute a construction contract with H&S Constructors in the amount of $59,696.81 for the Oso Wastewater Treatment Plant air line rehabilitation. The foregoing motion passed by the follo~ving vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. 3.a. ORDINANCE NO. 024622 Ordinance appropriating $598,500 of interest eamings from the No. 3024 Airport Capital Improvement Fund into the No. 3024 Airport Capital Improvement Fund for construction Minutes - Regular Council Meeting October 16, 2001 Page 2 management, project liaison, and inspection services for the new airport terminal building; amending Ordinance No. 024162 which adopted the FY2000-2001 Capital Budget by increasing appropriations by $598,500. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining; Garrett absent. 3.b. M2001-387 Motion authorizing the City Manager or his designee to execute Amendment No. 3 for construction management, project liaison and inspection services in the amount of $598,500 with Anderson Group Construction Management Inc. (AGCM) for the Corpus Christi International Airport terminal project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining; Garrett absent. M2001-388 Motion authorizing the City Manager or his designee to execute a construction contract with Southern Contracting for a total fee not to exceed $253,000 for the improvements to fire stations (ADA and co-ed). The foregoing motion passed by the following vote: Nea!, Chesney, Cohnenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting Aye Garrett absent. ORDINANCE NO. 024627 Ordinance abandoning and vacating 2,430.83-square feet of utility easement out of Lots 11- 14, Block 51, King's Crossing Unit 12, originally dedicated by King's Crossing Unit 1 Phase 3, Lot 1, Block 41, Volume 59, Pages 133-138, M.R.N.C.T.; requiring the owner, King's Crossing Realty, LTD (owner), to comply with the specified conditions and replat the property within 180 days at owner's expense. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. M2001-389 Motion authorizing the City Manager or his designee to increase the escrow amount with the Texas Department of Transportation in the amount of $34,164 as part of the Leopard Street, Phase 3 improvements (McKinzie to Rand Morgan) in accordance with the advanced funding agreement. Minutes - Regular Council Meeting October 16, 2001 Page 3 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. 7.b. M2001-390 Motion authorizing the City Manager or his designee to execute Change Order No. 7 with the Texas Department of Transportation in the amount of $34,164 due to the modification of the project limits to include a portion of Hopkins Road, as part of the Leopard Street, Phase 3 (McKinzie to Rand Morgan) construction contract. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. M2001-391 Motion authorizing the City Manager or his designee to accept a grant in the amount of $333,467 from the U.S. Department of Justice, Bureau of Justice Assistance, for funding eligible under the FY2001 Law Enforcement Block Grants Program and to execute all related documents. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. 8.b. ORDINANCE NO. 024628 Ordinance appropriating $333,467 from the U.S. Department of Justice, Bureau of Justice Assistance in the No. 1050 State/Federal Grants Fund to purchase law enforcement equipment for the Police Department; authorizing the transfer of $37,052 from the No. 6010 Law Enforcement Trust Fund to and appropriating $37,052 in the No. 1050 State/Federal Grants Fund as the grant match. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. RESOLUTION NO. 024629 Resolution amending the membership of the Sesquicentennial Celebration Advisory Committee, created by Resolution No. 024484, to include the appointment of the Chairperson and Vice Chairperson of the Landmark Commission, or their designees, as ex- officio voting members. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. Minutes - Regular Council Meeting October 16, 2001 Page 4 Mayor Neal opened discussion on Item 5, street improvement projects. Council Member Kelly asked if Community Development Block Grant funds had been set aside to help pay the assessments for citizens who qualify for that assistance. Mr. Angel Escobar, Director of Engineering Services, replied affirmatively. Responding to Council Member Colmenero, Mr. Escobar said these improvements to Lewis and Ramsey streets are a continuation of the Southmoreland Addition street projects; the final phase will be constructed next year. Mr. Colmenero specifically asked about the Ramsey Street project, and Mr. Escobar said it will include curb and gutter and sidewalk improvements on both sides. City Secretary Chapa polled the Council for their votes as follows: 5.a. RESOLUTION NO. 024623 Resolution determining the necessity for and ordering the improvement of the following highway in Corpus Christi, Nueces County, Texas: Southmoreland Addition street improvements, Phase 3A - Lewis Street between Richard and Clemner; and Southmoreland Addition Street Improvements~ Phase 4A - Ramsey Street between Brawner Parkway and Norton Street; specifying that certain: of these improvements will be paid for partly by the City and partly by assessments while others will be paid for entirely by assessments; and directing the City's Director of Engineering Services to file a notice of proposed assessments with the Nueces County Clerk. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. 5.b. RESOLUTION NO. 024624 Resolution approving plans and specifications for improvements to the following highway in Corpus Christi, Nueces County, Texas: Southmoreland Addition street improvements, Phase 3A - Lewis Street between Richard and Clemner; and Southmoreland Addition street improvements, Phase 4A - Ramsey Street between Brawner Parkway and Norton Street; approving the Director of Engineering Services project construction cost estimate including an estimate of the portion of costs to be paid by the City and the portion of costs to be paid by assessments; setting a public hearing on these proposed assessments to occur during the December 11, 2001 City Council meeting; directing the City Secretary to arrange to publish notice of this public hearing; and ordering the Director of Engineering Services to provide written notice of the public hearing to property owners. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. 5.c. RESOLUTION NO. 024625 Resolution determining the necessity for and ordering the improvement of the following Minutes - Regular Council Meeting October 16, 200l Page 5 highway in Corpus Christi, Nueces County, Texas: Hampshire Road improvements from State Highway 358 to McBride Lane; specifying that certain of these improvements will be paid for partly by the City and partly by assessment while others will be paid for entirely by assessments; and directing the City's Director of Engineering Services to file a notice of proposed assessments with the Nueces County Clerk. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. 5.d. RESOLUTION NO. 024626 Resolution approving plans and specifications for improvements to the following highway in Corpus Christi, Nueces County, Texas: Hampshire Road improvements from State Highway 358 to McBride Lane; approving the Director of Engineering Services project construction cost estimate including an estimate of the portion of costs to be paid by the City and the portion of costs to be paid by assessments; setting a public hearing on these proposed assessments to occur during the December 11,2001 City Council meeting; directing the City Secretary to arrange to publish notice of this public hearing; and ordering the Director of Engineering Services to provide written notice of the public hearing to property owners. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. Mayor Neal opened discussion on Item 10, Senior Companion and Retired and Senior Volunteer programs. The Mayor praised the programs and he encouraged more senior citizens to get involved in them. City Secretary Chapa polled the Council for their votes as follows: lO.a. M2001-392 Motion authorizing the City Manager or his designee to accept a $4,375 grant from the Texas Department on Aging through the Corporation for National Service is appropriated in the No. 1050 Federal/State Grants Fund for the continuation of the Senior Companion Program. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. 10.b. ORDINANCE NO. 024630 Ordinance appropriating a $4,375 grant from the Texas Department of Aging through the Corporation for National Service in the No. 1050 Federal/State Grants Fund for the continuation of the Senior Companion Program. Minutes - Regular Council Meeting October 16, 2001 Page 6 An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. 10.c. M2001-393 Motion authorizing the City Manager or his designee to accept a $18,115 grant from the Texas Department of Aging through the Corporation for National Service is appropriated in the No. 1050 Federal/State Grants Fund for the continuation of the Retired and Senior Volunteer Program. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. 10.d. ORDINANCE NO. 024631 Ordinance appropriating $18,115 grant from the Texas Department on Aging through the Corporation for National Service in the No. 1050 Federal/State Grants Fund for the continuation of the Retired and Senior Volunteer Program. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. Mayor Nea! opened discussion on Item 11, reprioritization of youth outdoor sports t~acilities funds. Responding to a question from the Mayor, Mr. Tony Cisneros, Director of Park and Recreation, said this proposal pertains to the tbllowing parks: H.P. Garcia, Price, Soutb Guth, Waldron, and Bill Witt. He said that during implementation of the project, staff divided available funds into two master design areas--field irrigation and athletic field lighting. During the design phase, it became evident that more existing fields at other parks could be improved by using some of the fimds allocated for Waldron Park, which currently is a neighborhood park that does not have any existing playing fields. Mayor Neal instructed staff to inform the Council if the project construction bids come in lower than the designer's estimates. Council Member Colmenero asked about the priorities for the irrigation and field lighting projects. Mr. Cisneros said the irrigation improvements are more important because there is no value in having an inferior playing surface be well-lit. He said the athletic leagues are also interested in having sole irrigation meter systems installed at the fields so they do not have to pay for wastewater charges as well. Council Member Noyola asked about the improvements to H.P. Garcia Park. Mr. Cisneros said this funding pertains only to the athletic fields and not to the open areas in the park. Council Member Scott pointed out that Waldron Park is a neighborhood park and is different from Waldron Field which consists of athletic fields. He said the neighbors around Waldron Park would probably Minutes - Regular Council Meeting October 16, 200l Page 7 not be in favor of installing athletic field-type lighting there. He asked if the Flour Bluffassociations were in support, and Mr. Cisneros replied affirmatively. Mr. Scott asked if there are sufficient funds to provide irrigation for all the fields in the Oso and National leagues. Mr. Cisneros said the fields at South Guth Park will be irrigated. He added that the Oso League has a T-ball field pending but staff has not completed any design work on it. Mr. Scott said Waldron Field needs to be improved. Mr. Abel Alonzo, 1701 Thames, asked if any of the funds were being redirected for other things than what was promised to the voters. Mr. Cisneros said the fimds are being used to improve youth athletic facilities as indicated. Replying to Council Member Kelly, Mr. Cisneros said commercial customers can have an irrigation meter installed but there is a cost associated with it. City Secretary Chapa polled the Council for their votes: 11. M2001-394 Motion authorizing the City Manager or his designee to reprioritize the funding allocations for the Bond Issue 2000 Project Outdoor Youth Sports Facilities to allow for more efficient use of the funds. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. Mayor Neal referred to Item 12, and a motion was made, seconded and passed to open the first of two scheduled City Council public hearings on the city's proposed 2001 annexation program, which encompasses 16,067 acres. Using a computer presentation, Assistant City Manager Tom Utter described the six proposed annexation areas: Areas A and B-Wood River Development; Area C-South Padre Island, Tracts 1 and 2; Area D- water area west of Port Aransas; Area E-Gulf of Mexico water area east of Port Aransas; and Area F-Mustang Island north of Mustang Island State Park, Tracts 3A, 3B, 4 and 5. Mr. Utter said the city is responsible for providing levels of service (police, fire, EMS, water, wastewater, stormwater, solid waste, etc. ) comparable to the service available in other parts of the community that are similar in nature. He noted that properties in Area F will continue to receive water and wastewater service from the Nueces County Water Control and Improvement District #4 (NCWCID). Staff has determined that no new capital improvements are needed to provide city services in Areas A, B, C, D and E. He said Area F is not in a fire district--the fire calls have been answered by the cities of Port Aransas or Corpus Christi. Immediately upon annexation, fire service will be provided to Area F by Station 15 and in the future by a new station on the island, located on the north end of Mustang Island State Park. Minutes - Regular Council Meeting October 16, 2001 Page 8 Mr. Utter said that once Area F is annexed, the city will be responsible for beach cleaning. The city has retained a consultant to assess best practices in beach cleaning in Texas and in other coastal communities. He said that from January l-July 31, 2002, the city will contract with Nueces County or another entity to clean gulf beaches; starting August 1, 2002, the city will begin cleaning the beaches either using city staff or through a third-party contract. He said the annexation calendar includes another public hearing on October 22, 2001 at Port Royal on Mustang Island, with the first reading of the ordinance on November 20th and the second reading on December 11 th. The effective date of annexation will be December 31, 2001. Mr. Utter further discussed the service plans for the specific annexation areas (beginning in the Council's packet on page 186). Mayor Neal called for public comment on Areas A and B and there was none. Referring to Area C, Dr. Robert Walter said that the 51 acres in Tract 2 actually consists of two smaller tracts--an 18-acre area owned by he and his wife, and a 33-acre area owned by a partnership of which he is the managing partner. Dr. Walter said that during the last annexation in December 1999, his property was dropPed out of the proposal. He said he was under the impression that his property would fall under the new annexation plan and it would be at least two years before they would be annexed. Mr. Utter replied that there was no definitive time that the annexation was planned to be brought back to the Council. Dr. Walter asked that his property not be annexed at this time. tte said both tracts in Area C are subject to the Coastal Barrier Resources Act (CBRA), which was passed by Congress in 1982 and prohibits federal agencies from providing expenditures or financial assistance for new development. He said he believes that if his property is inside the city limits, he will not be able to raise the necessary capital to develop his property. Mayor Neal said if the city did not annex Dr. Waiter's property at this time, they would have to annex it in the year 2002 in order to still fall under the current state law. Responding to a question from the Mayor, Dr. Walter said the city's development restrictions are substantial. Mr. Gunning said staff is recommending zoning the newly annexed properties on the gulf side to "AT" Apartment Tourist District, which allows condominium as well as single-family development. Dr. Walter also discussed requirements for an on-site waste treatment facility. Mayor Neal asked if there was opposition to annexation of Tract 1, Area C (Jones Tract) and Mr. Utter said there was none. He said staff thinks the Jones Tract was incorrectly placed in the CBRA zone. There was no comment on Areas D or E. Mr. Abel Alonzo referred to the proposed annexation program in general, asking what the cost would be to the taxpayers and how soon revenues would be realized. Mr. Mark McDaniel, Director of Management and Budget, said that neither the cost of the service levels nor the revenue from the ad valorem taxes are significant in Areas A, B, C, D and E; however, Area F contains increases in both service costs and tax revenues. The net effect for FY 2001-02 is about $380,000 more revenues than expenditures and about $166,000 more revenues the following fiscal year. Mr. Carl Batalich asked if septic tanks will be permitted on island properties following Minutes - Regular Council Meeting October 16, 2001 Page 9 annexation. Mr. Gunning said approved septic tanks will be allowed. Mr. Batalich said he was told by a representative of the NCWCID that no septic tank can be less than 11 feet above mean high tide and still receive water. He said as a result, he has not been able to receive water for one of his properties from that water district for about 20 years. Mr. Utter said the city has a contract with the district whereby it will enforce rules of the city. He said city staffhave not met with water district representatives regarding Mr. Batalich's question but they intend to. Mr. Kinnison made a motion to close the public hearing, seconded by Mr. Colmenero, and passed (Garrett absent). Responding to Council members' questions, Mr. Utter and Mr. McDaniel discussed beach cleaning, ad valorem tax revenues, police and fire protection, and other issues. City Secretary Chapa reiterated that the next City Council public hearing on the proposed annexation program will be on October 22, 2001 at 6 p.m. at Port Royal on Mustang Island. Mr. Utter said that a zoning public hearing will be held on the subject properties on December 1 lth. Mayor Neal opened discussion on Item 13, property exchanges. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 13.a. FIRST READING ORDINANCE Ordinance approving a Special Warranty Deed conveying a tract of land containing 35.07 acres, more or less, out ora 400 acm tract of the Mariano L. De Herrera Grant, Abstract 606, said 400 acre tract conveyed by Bess L. Hurt, et vir, to Nina G. Stewart, widow, by Deed dated June 23, 1944, and recorded in Volume 300, Page 153, Deed Records of Nueces County, Texas from the City of Corpus Christi to the Nueces County Industrial Development Corporation and authorizing the City Manager or his designee to execute the deed. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Garrett and Longoria absent. 13.b. FIRST READING ORDINANCE Ordinance approving a Quit-Claim deed conveying 38.07 acres of land, more or less, out of Mariano L. De Herrera Grant, Abstract 606, being out of a 493.66 acre tract, said 493.66 acres being more particularly described in Volume 1643, Page 224, Deed Records of Nueces County, Texas, said 38.07 acres being same property identified under Tax Account Number 3360-0549-0300 in the official records of the Nueces County Appraisal District from the City of Corpus Christi to the Nueces County Industrial Development Corporation and authorizing the City Manager or his designee to execute the deed. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Garrett and Longoria absent. Minutes - Regular Council Meeting October 16, 2001 Page 10 13.c. M2001-395 Motion accepting a Special Warranty Deed from Nueces County to the City of Corpus Christi on a tract of land containing 2.066 acres (89,989 sq. ft.) of land out of Survey 606, Abstract 45, Land Script No. 64 as recorded in Document Number 888926 of the Official Public Records of Nueces County, Texas. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Garrett and Longoria absent. Mayor Neal opened discussion on Item 14, land exchange contract. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 14. FIRST READING ORDINANCE Ordinance authorizing the approval of a Land Exchange Contract with the Texas Parks and Wildlife Department for the exchange of two 2.066-acre tracts between the City and the Texas Parks and Wildlife Department and authorizing the City Manager or his designee to execute same. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Garrett and Longoria absent. Mayor Neal opened discussion on Item i5, beach cleaning. Mr. Utter said there was a typographical error in the first amendment to the Intergovernmental Agreement on Beach Cleaning. He said in Section 4 the date should be August 1, 2002 rather than January 1, 2002. There were no comments from the audience. Mr. Kinnison made a motion to amend Item 15 as stated by Mr. Utter, seconded by Mr. Colmenero and passed (Garrett and Longoria absent). City Secretary Chapa polled the Council for their votes as follows: 15. RESOLUTION NO. 024632 Resolution authorizing the City Manager or his designee to execute the first amendment to the Interlocal Cooperation Agreement between the City of Corpus Christi and Nueces County on beach cleaning. The foregoing resolution passed, as amended, by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Garrett and Longoria absent. Minutes - Regular Council Meeting October 16, 2001 Page 11 Mayor Neal opened discussion on Item 16, constitutional amendments. Mr. Utter said the Texas Legislature placed 19 amendments on the November 6, 2001 ballot and staff is recommending that the Council pass resolutions specifically supporting four of them, which he briefly explained. Them were no comments fi.om the audience. City Secretary Chapa polled the Council for their votes: 16.a. RESOLUTION NO. 024633 Resolution supporting Amendment No. 7, the Constitutional Amendment authorizing the Veterans' Land Board to issue up to $500 million in general obligation bonds payable from the general revenues of the state for Veterans' Housing Assistance and to use assets in certain veterans' land and veterans' housing assistance funds to provide for veteran cemeteries. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. 16.b. RESOLUTION NO. 024634 Resolution supporting Amendment No. 8, the Constitutional Amendment authorizing the issuance of up to $850 million in bonds payable from the general revenues of the state for construction and repair projects and for the purchase of needed equipment. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. 16.c. RESOLUTION NO. 024635 Resolution supporting Amendment No. 15, the Constitutional Amendment creating the Texas Mobility Fund and authorizing grants and loans of money and issuance of obligations for financing the construction, reconstruction, acquisition, operation, and expansion of state highways, turnpikes, toll roads, toll bridges, and other mobility projects. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. 16.d. RESOLUTION NO. 024636 Resolution supporting Amendment No. 19, the Constitutional Amendment providing for the issuance of additional general obligation bonds by the Texas Water Development Board in an amount not to exceed $2 billion. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. 'l' T Minutes - Regular Council Meeting October 16, 2001 Page 12 Mayor Neal opened discussion on Item 17, oil and gas lease at the airport. (Note: This item had been approved by motion on October 9, 2001. It was resubmitted by staff because it requires a two-reading ordinance.) The Mayor said that the Council received copies of letters from Royal Production that were sent to the city over a period of years. He questioned how staff could not have known that Royal was interested in leasing the subject property. He made a motion to withdraw Item 17 so staff can work on it some more. The inotion was seconded by Council Member Chesney. City Attomey Bray said staff did not say they were unaware of Royal's interest in the lease; rather, staff admitted they made a mistake in not including Royal's name on the bidder's list. He said Royal has since assessed the contract terms and determined that they do not wish to bid. Mr. Chesney said he feels this is a bad deal and that an investigation needs to be conducted into this situation. Council Member Noyola said he would be abstaining from discussing or voting on Item 17. City Manager Garcia said that last week staff was prepared to withdraw this item and rebid it. Mr. Dave Hamrick, Acting Airport Director, said that on October 15th he met with representatives of Royal, who asked if the city would object to them installing a drilling well on a specific site near the airport. He said staff replied that they would have no major objections as long as they followed the lease provisions. On October ! 6th a Royal representative left word with Mr. Hamrick's office that even if the city rebid the lease, they felt it was too restrictive and they did not intend to bid. Mayor Neal then withdrew his motion but he said he wanted the information about Royal in writing. Council Member Scott said this was a very embarrassing experience. Mayor Neal called for public comment. Mr. J.E. O'Brien, 4130 Pompano, questioned whether it is prudent to approve this type of lease next to an airport. He said it was mentioned last week that the former airport director had reservations about this lease and it did not appear that the Council members questioned what her reservations were. Mr. O'Brien asked if them are any legal implications about m-voting on this item. City Attorney Bray replied that there are no legal implications on voting for this as an ordinance. City Secretary Chapa polled the Council for their votes as follows: 17. FIRST READING ORDINANCE Ordinance authorizing the City Manager or his designee to execute an Oil and Gas Lease on approximately 1,136.227 acres of land owned by the City of Corpus Christi near the Corpus Christi Intemational Airport for a cash bonus bid of $193,764, $25.00 per acre delay rentals, 25% royalty, with a three year term, as may be extended indefinitely by continuing drilling operations. The foregoing ordinance passed on first reading as follows: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining; Garrett absent. Mayor Neal called for a brief recess. Minutes - Regular Council Meeting October 16, 2001 Page 13 Upon mconvening, Mayor Neal referred to the presentations on the day's agenda. The first presentation (Item 18) was made by the Corpus Christi Regional Transportation Authority (RTA) on the PorffAyers Livable Communities Initiative (LCI) along Port Avenue and Ayers Street between the RTA Port/Ayers Transfer Station and Home Road. Mr. David Seiler, Traffic Engineer, noted that the RTA has built other LCI projects in the Oveal Williams area, Six Points, and the Staples Street Station. Ms. Linda Watson, RTA General Manager, explained that the purpose of the LCI programs, which are funded by the Federal Transit Administration, are to increase transit's role in making communities more livable. Major LCI objectives include improving access to transit systems; providing a strong pedestrian orientation; and incorporating traffic-calming measures. Since 1995, only 22 U.S. cities have received LCI grant funds; the Corpus Christi RTA has received $3 million of those grants. Ms. Watson said the Port-Ayers area is very vibrant but Port Avenue has the highest number of pedestrian accidents and fatalities of any street in the city. She said the RTA's first goal is to enhance public safety while also improving the well-used public space in that neighborhood. Ms. Watson said the RTA had a great deal of input from the businesses and neighbors in developing the Port-Ayers LCI design objectives, which will include: ADA-accessible sidewalks and walkways; crosswalks with innovative lighting systems; landscaped street medians for Port and Ayers (fi.om Home Road); signalization; landscaping; bus passenger shelters; and art work. She also described a conceptual plan for the project and said construction is to be completed next fall. She thanked Mr. Ron Guzman, project designer, and Mr. Seiler for their efforts. Council members commended Ms. Watson and the RTA for this project. The second presentation (Item 19.a.) was regarding the Nueces County public health needs assessment. Dr. Nina Sisley, Director of Public Health, introduced Mr. Peter de Forest, Nueces County Epidemiologist, who conducted the assessment. He explained that in July 2000 the Corpus Christi-Nueces County Public Health District (PHD) received an innovation grant from the Texas Department of Health to conduct the study. Mr. de Forest said they conducted personal interviews with 4,893 people in 1,705 households throughout Nueces County who were randomly selected. He said the study has a confidence interval of 95% and a plus/minus error rate of 2.5%. Mr. de Forest then reviewed the study's findings in the areas of language preferences, health data, risk indicators, dietary data, dietary habits, and community services (CHIPS coverage and Medicaid). He said the study also took into account census tract information and geographic information system mapping. Mr. de Forest said this data can be used as base-line information to develop achievable goals within certain focus areas that are typically under-served. He said this will require that the PHD conduct follow-up surveys on those areas to ensure that they are reaching their goals. He said they can also use the data to mallocate community, environmental, and health services to better meet the public's needs. He noted that additional funding will be needed to continue. Mayor Neal said this is important data that needs to be shared with other entities, such as Minutes - Regular Council Meeting October 16, 2001 Page 14 Youth Opportunities United and Driscoll Children's Hospital, so public officials can better serve citizens and deal with the causes of public health problems instead of just the symptoms. Responding to Council members' questions, Dr. Sisley and Mr. de Forest further explained the study's findings regarding participation in CHIPS and the need to improve safety measures for children, including car seats and seat belts. The third presentation (Item 19.b.) was regarding preparation for chemical and biological incidents. City Manager Garcia said the recent reports of anthrax exposures around the country has prompted city officials to discuss this issue. Dr. Sisley said the Health Department has been inundated with telephone calls from concemed citizens. She said last week city staff met with the emergency room physicians and administrative staff from all three hospital systems in Corpus Christi. She said they discussed responses to possible bioterrorism incidents. The Health Department has a cell phone which will be on 24 hours a day and is rotated through the nursing staff which routinely investigates communicable diseases. Dr. Sisley said they also disseminated information about possible agents in bioterroristic attacks and related diagnostic tests, and PHD staff met with the Emergency Management Coordinator, a member of the FBI, the Postal Inspector, and members of the Fire and Police Departments to coordinate the handling of mail that might be contaminated. Dr. Sisley said Corpus Christi is probably as well prepared as any Texas city to handle possible bioterrorism attacks. Mayor Neal suggested that Dr. Sisley include this information on the city's web site. Fire Chief J.J. Adame said Corpus Christi has an advanced public notification system and public awareness due to the possibility of chemical emergencies and hurricanes. He described the extensive training that staff members have received in preparation for chemical emergencies as well as specialized equipment that they have. He said they will also be conducting a biological "table-top" exercise on November 1st and a large-scale chemical exposure exercise in the spring. The Chief said the Fire Department is also the lead agency in the Metropolitan Medical Response System, which he explained. He said the Fire Department has responded to 60 calls since last Thursday from citizens concerned about letters and packages. He noted that there have been no reports of anthrax being sent to residents throughout the country--only to members of the media and government. Chief Adame then responded to Council members' questions. The fourth presentation (Item 20) was regarding nourishment of Corpus Christi Beach. Mr. Escobar explained that the sand on that beach does not meet the project specifications because it contains too much clay and silt material. He said all contractual parties have been notified and they are currently in the process of determining the extent of the situation. The parties involved are the General Land Office, City of Corpus Christi, Shiner, Moseley & Associates and subcontractor Fugro South, and Phoenix Demolition and its subcontractors Fugro South and Bass & Welsh Engineering. Mr. Escobar described the intermediate actions as follows: the contractor has been notified by letter of the unacceptableness of the sand; a letter demanding corrective action was sent to the Minutes - Regular Council Meeting October 16, 2001 Page 15 contractor and the bonding company; and the testing lab has pledged to bring the matter, within reason, to a final resolution acceptable to the city. He said one of the proposed solutions is to remove the top 18 inches of the non-complying material and replace it with sand meeting all the requirements. Staff is also proposing to hire an independent, third-party engineering firm to review all aspects of the project, including contract specifications, material quantity and quality, engineer and contract performance, construction inspection and management, survey requirements, and project completion. Responding to Council Member Colmenero, Mr. Escobar said if they decide to move the non-complying sand into the water, they may first have to break up the clay particles into dissolvable pieces. Council Member Chesney said that during a previous presentation on this issue, he and Council Members Colmenero and Kelly expressed specific concerns about the project. He said the citizens who raised the concerns were right. Mr. Escobar said staff is implementing procedures to avoid this situation in the future. Mr. Kelly said one of the issues he had raised was the possible existence of contaminants in the materials. He asked if additional testing has been done to rule that out. Mr. Escobar said that in addition to the gradation testing, a third lab (Trinity Engineering Testing) conducted environmental tests. Mr. Kim McGuire, the city's Director of Environmental Programs, explained that the sand was tested for general toxicity, heavy metals and other elements. He said according to the test results from October 12, 2001, there are no environmental or health and safety concerns. Council Member Scott said the engineer for this project had assured the Council members that the project met the specifications, but that was not the case. Mr. Scott apologized to the Gulleys for not believing them. Mayor Neal called for petitions from the audience. Mr. Ruben Figueroa said that members of the South Texas Public Employees Association wish to speak to all the Council members about their concerns. Mr. Mike Zepeda, President of the Labor Council for Latin American Advancement, said it is time that the issue of the city employees' right to organize is addressed. He said the Corpus Christi City Employees Association will be requesting that the City Council authorize payroll deductions for membership fees ("dues check-off"). Mr. Buck Sosa, 3801 Devonshire, said he is President of the Coastal Bend Tejano Democrats and former president of the Corpus Christi Firefighters Association. He said in 1973 the firefighters fought for a local option for collective bargaining and many non-police and non-tim city employees were also in favor of it for themselves but it has not occurred. He said the Tejano Democrats have passed a resolution in favor of unionizing city employees and dues check-off. Ms. Susie Luna-Saldafia, 4710 Hakel, said the Council members asked for their support when they ran for office and now employees are seeking their support for a union. She said they need the Minutes - Regular Council Meeting October 16, 2001 Page 16 Council's authorization to allow dues check-off. Mr. Rolando P. Garza said city employees have the right of freedom of speech, to organize, and to protest against their government. He said he is proud of the city employees and union organizers who were present. Mr. Paul Vera, 3318 Casa de Amigos, said the city employees need the union and the Council's assistance. Ms. Norma Garza-Chandler, 418 Brooks, asked for dues check-off for city employees. Mr. Burton Smith, 6902 Fruitwood Dr., also spoke in support of dues check-off, saying that employees want to be part of the decision-making process. He said if it is not approved, they will exercise their voting rights. Mr. }lector Villarreal, 3605 Waterloo Dr., said he is a city employee and he is asking the Council to support dues check-off; if they do not support it, they will be voted out. Mr. Jack Gordy, 310 Norton, said while he is not a city employee, he supports their efforts to unionize. He said it will not take additional personnel to implement dues check-off. Mr. Mark Pitt said this is a proud organization of city employees who provide vital services to the city. He said the Council can choose to act however they wish. Mr. Carlos Torres, Vice President of the Central Labor Council, read a resolution adopted by the Coastal Bend Labor Council on October 11,2001, in support of city workers joining a labor organization and payroll deduction for membership dues in the employees' association. He said some Council members had said they would support this effort and he encouraged them to do so. Mr. Abel Alonzo, 1701 Thames, said them is no comparison between the police and fire unions and a city employees' union because city employees do not have the power to act. He questioned how many low-paid city employees will be able to afford the union dues. Mr. Juan Schaeffer, 3169 Magnolia, said many city employees have to work two jobs in order to support their families. He asked the Council members what they would do in his position. Mayor Neal recessed the regular Council meeting for the meeting of the Corpus Christi Housing Finance Corporation (Item 21). Upon reconvening, Mayor Neal announced the following executive sessions: Minutes - Regular Council Meeting October 16, 2001 Page 17 2l. 22. Executive session pursuant to Texas Government Code Section 551.074 to deliberate the appointment of a Temporary Municipal Court Judge (Division C) with possible action related thereto in open session; Executive session pursuant to Texas Government Code Section 551.071 regarding City of Corpus Christi Project #3219, Nourishment of Corpus Christi Beach - 2001, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. Mayor Neal made a motion to adopt the following ordinance, seconded by Mr. Longoria. City Secretary Chapa polled the Council for their votes as follows: 22.a. ORDINANCE NO. 024637 Ordinance amending the City Code of Ordinances, Section 29-8, Substitute Judges, by amending amount of compensation to be paid to substitute judges. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. Mr. Longoria made the following motion, seconded by Mr. Colmenero: 22.b. M2001-396 Motion appointing Margie Flores as Substitute Judge of the Municipal Court of Corpus Christi, Texas, effective immediately and for a period as may be required and scheduled by the Presiding Judge. The foregoing motion passed by the folloxving vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. Mayor Neal called for the City Manager's report. Mr. Garcia said items scheduled for October 23rd include animal euthanasia practices and the South Texas Institute for the Arts expansion. Mayor Neal requested a presentation on the status of the Title 2 transition plan. He then called for Council concerns and reports. Mr. Garcia said staff will provide a presentation in two weeks. Mr. Noyola made a motion to hear a presentation on the issue of dues check-off from city staff and the United Steel Workers of America during the Council's November 13th meeting; seconded by Mr. Colmenero. The Mayor called for a voice vote and the motion passed (Garrett absent). There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 7:00 p.m. on October 16, 2001. AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Southwest Stainless, LLP. D.b.a. Hughes Supply, San Antonio, Texas for approximately 2,277 cast iron foundry items in accordance with Bid Invitation No. BI-0004-02 based on low bid for an estimated annual expenditure of $54,789.29. 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. These items will be purchased into Warehouse Inventory and used by the Gas, Water, Wastewater, Stormwater, Street and Traffic Engineering Departments. Funds have been budgeted in FY 01-02. BACKGROUND: Purpose: These items will be purchased into Warehouse Inventory and used by the Gas, Water, Wastewater, Stormwater, Street, and Traffic Engineering Departments. Previous Contract: The option to extend the current contract was not exercised, due to the current vendor's inability to meet their lead time delivery requirements. Bid Invitations issued: Five Bids Received: Four Price Analysis: Pricing has remained stable since the last contract of March 2000. Award Basis: Low Bid Funding: Organization Name Warehouse Inventory pMrioC)~eTt-~2i ~/(ePn;rMal' Services Manager 520210-5010-40000 Amount $ 63,000 I Y CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BID INVITATION NO.: BI-0004-02 CAST IRON FOUNDRY ITEMS 1,340 METER BOXES AND LIDS 525 VALVE BOX LIDS AND EXTENSIONS 292 MANHOLE RINGS AND LIDS 120 STORM DRAIN GRATES AND FRAMES BUYER: ESTHER C.BARRERA VENDOR TOTAL SOUTHWEST STAINLESS,LLP dba HUGHES SUPPLY SAN ANTONIO, TEXAS $ 54,789.29 2 ALAMO IRON WORKS SAN ANTONIO, TEXAS $73,462.05 3 FERGUSON ENTERPRISES, INC. CORPUS CHRISTI,TEXAS $77,045.99 4 EAST JORDAN IRON WORKS, INC. HOUSTON, TEXAS $81,809.10 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement for approximately 45.940 hours of temporary custodial services for the Convention Center and Coliseum in accordance with Bid Invitation No. BI-0183-01 with Spherion, Corpus Christi, Texas, based on best bid, for an estimated annual expenditure of $373,492.20. 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 tile supplier and tile City Manager or his designee. Funds are budgeted in FY01-02. BACKGROUND: Purpose: The temporary custodial workers will be used by the Convention Center and Coliseum for moving aud setting of furniture, equipment, stages and platforms, as well as cleaning and maintaining buildings and grounds, including the Water Garden. Previous Contract: The option to extend the current contract was not exercised, due to the currant vendor's difficulty supplying the number of temporary employees when the Convention Center and Coliseum needed them. Bid Invitation Issued: 21 Bids Received: 7 Price Analysis: Pricing has remained stable since the last contract. Award Basis: Best Bid L.K.J. Industrial, Corpus Christi, Texas submitted the apparent Iow bid at $7.99 per hour. However, L.K.J. Industrial was awarded the contract a year ago and has had difficulty meeting the City's staffing requirements as specified in the contract. Despite numerous attempts to improve services, they have historically under staffed employees at the Convention Center and Coliseum. lu the City's best interesLan award to the second Iow bidder is recommended. Spherion, Corpus Christi, Texas formerly Interim Personnel was under contract two years ago and had been under contract since 1993. During that time period, the services provided by Spherion was rated as excellent. Therefore, it is anticipated that Spherion will provide the level of service the City deserves. Funding: Activit,/Name Convention Center Coliseum Water Garden ~ic~hael Barrera, C.P.M. ' ~ Procurement & General Services Mafihger Activit,/Number 530070-4710-13600 530070-4710-13620 530070-4710-13630 Budgeted Amount $204,84O 57,426 16,848 $377,114 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION Bid Invitation No BI-0183-01 Temporary Custodial Workers Quantity: 45,940 houm Unit Price Total L.K.J. industrial Corpus Chdsti, Texas $7.99 $367,060.66 Sphedon Corpus Chd~i, Texas 8.13 373,492.2~ Unique Employment Corpus Chdsti, Texas 8.75 401,975.0~ Snelling Corpus Chdsti, Texas 8.92 409,784.8£ Advanced Temporaries Corpus Chdsti Texas 8.97 412,081.8g Kelly Services Corpus Chdsti, Texas 9.43 433,214.2C Express Personnel Corpus Chdsti, Texas 11.15 512.231.0£ *Note: L.K.J. Industrial, Corpus Christi, Texas submitted the apparent Iow bid ~ $7.99 per hour. However, L. K. J. Industrial was awarded the contract a year ago an= has had difficulty meeting the City's staffing requirements as specified in the contract. In spite of numerous attemps to improve services, they have historically under staffed employees at the Convention Center and Coliseum. In the City's best interest an an award to the second Iow bidder is recommended. Spherion, Corpus Christi, Texas formerly Interim Peronnel, was under contract two years ago and had been under contract since 1993. During that time period, the services provided by Spherion was rated as excellent. Therefore, it is anticipamd that Spherion will provide the level of services the City deserves. 4 I T AGENDA MEMORANDUM October 23, 2001 SUBJECT: Lift Station Improvements and Carolyn Heights Diversion to Greenwood VVWTP - 30" line (Project #7196) Acquisition of Parcel 12 AGENDA ITEM: Motion authorizing the acquisition of Parcel 12, out of Lot 5, Section 8, Bohemian Colony Lands, in the amount of $33,475 from the owner Martha G. Spear in connection with the Lift Station Improvements and Carolyn Heights Diversion to Greenwood WWTP - 30" line, Project #7196. ISSUE:. The Carolyn Heights Diversion to Greenwood VVVVTP project calls for the acquisition of 16 parcels composed of utility and construction easements. A total length of approximately 18,000 linear feet of easement acquisition is required between Greenwood Drive and Carroll Lane. City staff has negotiated for the acquisition of Parcel 12, which contains 3,600 linear feet or approximately 20% of the project. Approval for the acquisition of this parcel is requested. REQUIRED COUNCIL ACTION: Real Estate Sales Contracts and easement instruments with acquisition costs in excess of $25,000 require City Council approval. RECOMMENDATION: Approval of the motion as presented. L~g~l R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Exhibit B. Exhibit C. Background Information Location Map Information Summary H:\HOME\EUSEBIOG\GEN~Agenda Items\Carolyn Heights Div. Spear~Agenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Lift Station Improvements and Carolyn Heights Diversion to Greenwood VVWTP - 30" line (Project #7196) Acquisition of Parcel 12 PRIOR COUNCIL ACTION: August 18, 1998 - Motion authorizing the City Manager to execute a contract for engineering services with Goldston Engineering, Inc. for a total fee not to exceed $187,800 for: (a.) Kostoryz Rd. Utilities Adjustment (#7048), (b.) Kostoryz Rd. - SPID to Holly Rd. Drainage Imp. Study (#2038), and (c.) Lift Station Imps. & Carolyn Heights Diversion to Greenwood WWTP (#7109) projects. M98-284. October 17, 2000 - Motion authorizing the City Manager or his designee to execute Amendment No. 1 for Stage 2 services to the engineering contract in the amount of $565,865 with Goldston Engineering, Inc. for the Lift Station Imps. & Carolyn heights Diversion to Greenwood VWVTP project (#7109). M2000-373. FUTURE COUNCIL ACTION: Council will be required to: authorize the award of future construction contracts and amendments; and authorize the approval of any other parcels in the project where acquisition cost exceeds $25,000; and authorize the condemnation of any parcels where negotiations have reached an impasse. OVERVIEW: Backqround: A number of Stormwater and Wastewater projects were approved by the City Council in the 1997-98 Capital Improvement Program. These projects addressed needed improvements and enhancements to the City's basic infrastructure components. This wastewater project, which is part of the Wastewater facilities Master Plan, will be implemented in two stages. Stage One of this project provides for the elimination of three lift stations (Carolyn Heights, Cresmont and Saratoga Place) and for the construction of gravity lines to the Kostoryz lift station. Stage Two will include the rehabilitation of the lift station at Kostoryz Road, installation of a force main from the lift station towards Ayers Street, and for construction of a gravity line from the Greenwood Wastewater Treatment Plant to Ayers Street along Saratoga Boulevard. Parcel Information: Parcel 12 is a strip of land located south of and adjacent to the Cresmont Unit 9 subdivision, just north of Saratoga Boulevard. The parcel extends from the south end of Camwood Drive eastward to the City's Richter Ditch. Exhibit A Page 1 0£2 This parcel is dedved from a 54-acre tract out of Lot 5, Section 8, Bohemian Colony Lands. The land consists of vacant farmland and is currently used for cultivation of crops. The pamel consists of a 55-foot wide utility easement containing 2.280 acres together with a 35-foot wide temporary construction easement containing 1.451 acres. Each easement is approximately 1,805 feet in length. The parcel is being acquired for the construction and installation of a 30" diameter PVC wastewater line necessary for this project. H:\HOME\EUSEBIOG\GEN~Agenda Items\Carolyn HeighLs Div. Spear~Background.doc Exhibit A Page 2 0£2 i Mpro /ect ~ councilexhibits ~ exh 7196, dw? N F.M. ~-3 PROJECT LOCATION MAP NOT TO SCALE N 12 PROJECT No. 7196 VICINITY MAP NOT TO SCALE CAROLYN HEIGHTS DIVERSION TO GREENWOOD PLANT (Parcel 12) CiTY OF CORPUS CHRISTi, TEXAS EXHIBIT "B" CZTY COUNCZL EXHZBZT ~'~! OEPAR~NT OF ~G~N~ER~NC S~C~ PAGE: I of 1 DATE: 10/16/200! INFORMATION SUMMARY LIFT STATION IMPROVEMENTS & CAROLYN HEIGHTS DIVERSION TO GREENWOOD WWTP - 30" LINE (Project 7196) PARCEL 12 - Utility & Temporary Construction Easements Owner: Location: Zoning: Size: Platted: Tax Value (NCAD): Appraiser: Appraised Value: Martha G. Spear South of and adjacent to Cresmont Unit 9, from Camwood Dr. to Richter Ditch R-lB, Single Family Dwelling District Parent Tract: Parcel 12 Utility Easement: Parcel 12 Temp. Constr. Easement: No $820,977 or $15,165 per acre. Thomas F. Dorsey, CRE, MAI $32,100 54.137 acres 99,321 s.f. (2.280 ac.) 63,199 s.f. (1.451 ac.) Negotiated Price: $33,475 \\ENGINEERiNG\DATAI\HOME\EUSEBIOG\GEN~Agenda items\Carolyn Heights Div. Spear~lnformation Summa~.doc Exhibit C AGENDA MEMORANDUM DATE: October 15, 2001 SUBJECT: Bayview Cemetery, Phase 2, Fencing (Project No. 3179) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with MCC Construction Corporation in the amount of $51,385 for the Bayview Cemetery, Phase 2, Fencing Project. ISSUE: The fence surrounding the historic Bayview Cemetery is in extremely poor condition and requires replacement. FUNDING: Funds for this project are available from the FY 1999-2000 Community Development Block Grant (CDBG) Program. RECOMMENDATION: Staff recommends approval of the motion as presented. Norb Hart, DireCtor of Housing Z . and Comm~fi~y Development ~/~1 R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit"A" Background Information Exhibit"B" Project Budget Exhibit"C" Bid Tabulation Exhibit"D" Location Map H :\HOM E~VELMAR\G EN~ D BG~C E METE RY~PHASE 2'~,G EN DA MEMO BACKGROUND INFORMATION SUBJECT: Bayview Cemetery, Phase 2, Fencing PRIOR COUNCIL ACTION: 1. May 18, 1999 - Approval of the FY 1999-2000 Community Development Block Grant (CDBG) Program in the amount of $5,752,078 of which $55,000 is specified for the Bayview Cemetery, Phase 2, Fencing Project. PRIOR ADMINISTRATIVE ACTION: March 31, 2000 - Executed Architect/Engineering Consultant Services Contract with John R. Wright, Architect in the amount of $4,200. Au.qust 14, 2001 - Executed Amendment No. 1 to the Architect/Engineering Consultant Services Contract with John R. Wright, Architect in the amount of $1,855 for a total fee not to exceed $6,055. PROJECT BACKGROUND: Bayview Cemetery is the oldest federal cemetery in the state of Texas. It is located at 1202 Ramirez Street. The Cemetery is listed on the historical register, and is managed by the City's Parks and Recreation Department. The short chain link fencing around the property and a small retaining wall are structurally falling due to soil subsidence, and requires replacement. PROJECT DESCRIPTION: The proposed project consists of excavation, demolition of fencing, concrete piers, concrete retaining beam, installation of approximately 450 linear feet of decorative fence, painting, installation of 15-foot wide retaining wall, and sitework in accordance with the plans and specifications and contract documents. BID INFORMATION: The proposed project consists of a lump sum Base Bid and one (1) Additive Alternate. The City received proposals from seven (7) bidders on October 3, 2001. The bid range as follows: Base Bid = $31,385 to $58,950 Additive Alternate No. 1 = $400 per panel to $900 per panel The bid proposal submitted by Third Coast General of Corpus Christi, Texas did not correctly identify the project name and is therefore considered a Non-Responsive Bid. The bid proposal submitted by Gallagher Construction is considered a Non-Responsive Bid as well due to an insufficient bid bond. MCC Construction Corporation of Corpus Christi, Texas is the Iow bidder on the total of the Base Bid in the amount of $31,385 and the Additive Alternate in the amount of $400 per fence panel. For Additive Alternate No. 1, the Bid Proposal specifies the bid quoted shall be on unit basis of "per panel". It is estimated fifty (50) fence panels are required IEXHIBIT "A" I Page 1 of 2 H ?,HO M E~VE LMARIG E N\C DBG\C E METE RY~PHAS E 2~AGENDA BACKGROUND to complete the project, for a total fee not to exceed $20,000 for Additive Alternate No. 1. Staff recommends contract award for the Base Bid and Additive Alternate No. 1 in the amount of $51,385. CONTRACT TERMS: The contract specifies that the project will be completed in 90 calendar days, with completion anticipated by the end of February 2002. FUNDING: Funds for this project are available from the FY 1999-2000 Community Development Block Grant (CDBG) Program. H:~IO M E~VE LMA R\G E N~C DBG\CEMETE RY~PHASE 2~AGENDA BACKGROUND IEXHIBIT "A" I Page 2 of 2 '1' BAYVlEW CEMETERY IMPROVEMENTS, PHASE 2 FENCING PROJECT NO. 3179 PROJECTBUDGET October 17, 2001 FUNDS AVAILABLE: FY 1999-2000 CDBG (530000-1050-00000-850028! .................. $65,601.00 FUNDS REQUIRED: Construction Contract (MCC Construction Corp.) ........................ $51,385.00 Contingencies ............................................................................... 1,000.00 Consultant (John R. Wright) ......................................................... 6,055.00 Major Projects Activity ................................................................... 1,488.00 Survey ........................................................................................... 2,173.00 Construction Inspection Activity .................................................... 2,000.00 Pdnting .......................................................................................... 1,000.00 Advertising .................................................................................... 500.00 Total .............................................................................................. $65,601.00 EXHIBIT "B" Page 1 of I DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: 'Angel R. Escobar, P. E., Director of Engineering Services DATE: Wednesday, October 3, 2001 Page 1 of 2 ENGINEER'S ESTIMATE: $43,500 TIME OF COMPLETION: 90 Calendar Days Bayview Cemetery, Phase 2 Fencing Project No. 3179 MCC Construction Corp. P. O. Box 181079 C. C. , TX 78418-1079 Four Star Design & Construction, Inc. 730 Quetzal Drive C. C., TX 78418 Southam Contracting, Inc. 521 McBride Lane C. C., TX 78408 uway Intemational, Inc. 2621 Holly Road C. C., TX 78415 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE I AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT To furnish all labor and materials, tools, and necessary equipment, and to perform the work required for the project; at the locations set out by the plans and specifi- cations and in strict accordance with the contract documents for the following prices to wit: for Bayview Cemetery, Phase 2 - Fencing. TOTAL BASE BID: $31,385.00 $42,500.00 $47,550.00 $47,600.00 Additive Alternate No. 1 per panel $400.00 $650.00 $713.40 $900.00 H EI MAR\GEMCDBGCEMt R"HASUZ IDTRB.WB2 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: 'Angel R. Escobar, P. E., Director of Engineering Services DATE: Wednesday, October 3, 2001 Page 2 of 2 ENGINEER'S ESTIMATE: $43,500 TiMF OF COMPLETION: 90 Calendar Days Bayview Cemetery, Phase 2 Fencing Project No. 3179 D & C Fence Company, Inc. 6423 Leopard Street C. C., TX 78409 Third Coast General Contractor, Inc. (1) 4307 S. Port, Bldg. 143, Suite 106 C. C., TX 78415 Gallagher Construction Services, Inc. (2) P. O. Box 712 C. C., TX 78403 DESCRIPTION CITY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT To furnish all labor and materials, tools, and necessary equipment, and to perform the work required for the project; at the locations set out by the plans and specifi- cations and in strict accordance with the contract documents for the following prices to wit: for Bayview Cemetery, Phase 2 - Fencing. TOTAL BASE BID: $58,950.00 $59,873.50 $68,750.00 Additive Alternate No. 1 per panel $725.00 $881.09 $1,200.00 (1) Non -Responsive Bid - Bid Bond did not correctly identify the project by name. M (2) Non -Responsive Bid - Insufficient Bid Bond. X to = W N � O M N HW ME\VELM GEMCDBGCEMETERYWHf5E JQTABM2 NUECES BAY *F ! NOT TO SCALE PROJECT SITE VICINITY /~AP PROJECT No. 3179 NOT TO SCALE EXHIBIT "D" BAYVIEW CEJ/IETERY, PHASE 2-FENCING CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT ~ DEPARTMENT OF ENGINEERING SERVICES PAGE: I o1: I ~'-- DATE: 10/05/2001 ~ 6 AGENDA MEMORANDUM October 16, 2001 SUBJECT: Corpus Christi Airport Terminal Construction Program #1071 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute change orders 23 and 24 totaling $43,817.17 with Fulton/Coastcon, Inc., A Joint Venture for the Corpus Christi International Airport Terminal Project. ISSUE: The change orders are necessary to provide needed mechanical, plumbing and electrical modifications. Although requested separately, the completed change orders were delivered together exceeding the $25,000 administrative change order limit. FUNDING: Funds for this project are available Airport Capital Project Fund. RECOMMENDATION: Approval of the motion as presented. Dave Hamrick Aviation Superintendent A~'e~4~.'E~cobar, P.E. Director of Engineering Services Additional SU_D_Dort Material Exhibit A: Background Information Exhibit B: Prior Council/Administrative Actions Exhibit C: Project Budget Exhibit D: Location Map Page 1 of 1 H:\HOM E\KEVI NS\GEN~AIR\NEWTI=RM\^CO23&24.M BACKGROUNDINFORMATION ADDITIONAL INFORMATION: The two change orders provide for modifications to a cooling tower, manhole ring extensions, raising a sanitary sewer, providing additional food court power, and additional exit lights. Price quotes for the items on the two change orders were requested through separate price requests. The time required to process the two change orders resulted in them being returned at the same time. Change orders in excess of $25,000 require Council approval. It was decided to place both change orders on the Council agenda to ensure compliance the statutory requirements. FUNDING: Funding is available in the Aviation Capital Project Fund. PRIOR COUNCIL/ADMINISTRATIVE ACTIONS: Numerous actions by the City Council and staff have been made for this complex project. A list of the more significant actions is attached. See Exhibit B. BOARD/COMMITTEE REVIEW: The Airport Board has reviewed the change orders and recommended their approval. H:\HOM E\KEVINS\G E N~AIR\NEW'r ERM\^co23&24.bkg.doc EXHIBIT A Page 1 of 1 PRIOR COUNCIL ACTIONS Au,qust 25, 1998 - Resolution approving the financial feasibility plan to fund the five-year capital improvement program for CCIA including the terminal reconstruction program. (Res. 023426) March 30, 1999 - Approval of recommended Terminal Reconstruction and Landside Development concept at CClA. (M99-089) April 20, 1999 - Motion to authorize City Manager to execute a contract for architectural/engineering services with M. Arthur Gensler Jr. and Associates in the amount of $2,225,000 for the CCIA Terminal Building. (M99-105) July 20, 1999 - Adoption of FY99-00 Capital Budget and 2000-2004 CIP Guide which included Airport Project No. 1, Terminal Building Reconstruction, Airport Project No. 2, Terminal Apron Construction, and Wastewater Project No. 22, Airport Lift Station Relocation. (Ord. No. 023703). December 21, 1999 - Approval of the Terminal Design Concept as presented by the Gensler Team. January 25, 2000 - Motion to authorize City Manager to execute Amendment No. 1 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $72,095 related to the airport automated access control system (AACS) and closed- circuit television (CCTV) system for the Terminal Reconstruction project. (M2000-027) February 23, 2000 - Motion to authorize City Manager to execute a construction contract in the amount of $1,575,000 with B. E. Beecroft Company, Inc. for temporary facilities for the Terminal Reconstruction Program. (M2000-66) May 23, 2000 - Motion authorizing the City Manager to execute Amendment No. 2 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $180,700 related to the terminal apron construction, terminal re-construction, and lift station relocation projects at Corpus Christi International Airport. (M2000-153) August 22, 2000 - Motion authorizing City Manager, or his designee, to execute a construction contract with Fulton/Coastcon in the amount of $16,472,000 for the Corpus Christi International Airport Terminal Construction project. (M2000-292) 10. November 21, 2000 - Motion authorizing the City Manager to execute Amendment No. 3 to the architectural/engineering services contract with M Arthur Gensler, Jr. and Associate's, Inc. in the amount of $420,940 for the for the Corpus Christi International Airport Terminal Construction project (M2000-412). 11. November 211 2000 - Motion authorizing the City Manager to execute a project liaison and inspection contract with AGCM, Inc. in the amount of $196,400 for the for the Corpus Christi International Airport Terminal Construction project. (M2000-413). 12. November 21, 2000 - Motion authorizing the City Manager to execute Change Order No. 1 (construction by-pass) with Fulton/Coastcon in the amount of $56,026.58 for the Corpus Christi International Airport Terminal Construction project. (M2000-292) 13. April 18, 2001 - Motion authorizing the City Manager to execute Change Order No. 9 (substitution of concrete in lieu of asphalt under open concourse areas) with Fulton/Coastcon in the amount of $103,140.44 for the Corpus Christi Internationa~ Airport Terminal Construction project. (M2001- 154). 14. May 29, 2001 - Motion authorizing the City Manager to execute Change Order No. 12 (revision of structural foundations to reflect field conditions) with Fulton/Coastcon in the amount of $38,618.74 for the Corpus Christi International Airport Terminal Construction project. (M2001- 207). Page 1 of 3 H:\HOME\KEVINS\G EN~AIR\N EWTERM\^co23&24exhb,doc 15. 164 17. June 12, 2001 - Motion authorizing the City Manager to execute Amendment No. 8 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of ($132,344) for the for the Corpus Christi international Airport Terminal Construction project (M2001-219). September 11, 2001 - Motion authorizing the City Manager to execute Change Order No. 19 (upgraded public address system, additional escalators, wall laminates, & decorative tiles) with Fulton/Coastcon in the amount of $514,974.42 for the Corpus Christi International Airport Terminal Construction project. (M2001-347). October 16, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 in the amount of $598,500 for construction management, project liaison, and inspection services for the new Airport Terminal Building (M2001-in process). PRIOR ADMINISTRATIVE ACTIONS 1. January 17, 2001 - Award of Change Order No. 2 in the amount of $24,071 to Fulton/Coastcon for temporary vestibules, air curtains, and lighting. 2. January 22, 2001 - Award of Change Order No. 3 in the amount of $19,121,55 to Fulton/Coastcon for temporary canopy. 3. January 231 2001 - Award of Amendment No. 4 to M. Arthur Gensler and Associates in the amount of $14,000 for structural slab and double wall air handler units. 4. February 9, 2001 - Award of Change Order No. 4 in the amount of $11,921.16 to Fulton/Coastcon for various utility work, rerouting of conduits, and temporary speakers at curb-side. 5. February 141 2001 - Award of Amendment No. 5 to M. Arthur Gensler and Associates in the amount of $14,920 for apron extension/access roads & terminal apron projects. (separate project) 6. February 16, 2001 - Award of Change Order No. 5 in the amount of $19,914.33 to Fulton/Coastcon for additional pedestrian tunnel support. 7. March 19, 2001 - Award of Change Order No. 6 in the amount of $15,672.70 to Fulton/Coastcon for storm drain repairs and removal, additional traffic markings and signage, and isolation of HVAC piping and controls. 8. March 291 2001 - Award of Amendment No. 6 to M. Arthur Gensler and Associates in the amount of $14,900 for design of additional escalators, voice paging, plastic laminate, and decorative mosaic tile. 9. March 30, 2001 - Award of Amendment No. 1 in the amount of $15,000 to AGCM, Inc. for additional inspection services. 10. April 2, 2001 - Award of Change Order No. 7 in the amount of $5,974.87 to Fulton/Coastcon for installation of piers for future installation of structural slab under the concourse. 11. April 13, 2001 - Award of Change Order No. 8 in the amount of $14,495.95 to Fulton/Coastcon for various electrical modifications and security alarms. 12. May 4, 2001 - Award of Amendment No. 7 to M. Arthur Gensler and Associates in the amount of $5,280 for design of three (3) overhead coiling security grills and side-stream filter and isolation valves for cooling towers. 13. May 10, 2001 - Award of Change Order No. 10 in the amount of $19,340.74 to Fulton/Coastcon for various mechanical modifications and modification of a pier cap. H:\HOM E\KEVINS\GEN'~,IR\NEW'r ERM\^co23&24exhb,doc EXHIBIT B Page 2 of 3 14. May 22, 2001 - Award of Change Order No. 11 in the amount of $22,253.97 to Fulton/Coastcon for additional fill material and relocation of food court water meter. 15. May 22, 2001 - Award of Change Order No. 13 in the amount of $23,381.00 to Fulton/Coastcon for substitution of double wall air handlers in lieu of single wall air handlers. 16. June 21, 2001 - May 22, 2001 - Award of Change Order No. 14 in the amount of $23,636.11 to Fulton/Coastcon for re-route of gas and water mains and addition of lithium bromide filters for chillers. 17. June 25, 2001 - Award of Change Order No. 15 in the amount of $19,995.02 to Fulton/Coastcon for substitution of copper wound transformers in lieu of aluminum wound transformers and additional fill material. 18. July 2, 2001 - Award of Change Order No. 16 in the amount of $23,965.32 to Fulton/Coastcon for an upgrade of passenger loading bridge carpet and remobilization of demolition contractor. 19. July 5, 2001 - Award of Change Order No. 17 in the amount of $13,119.75 to Fulton/Coastcon for storage of advanced purchase equipment in bonded warehouse and Data Room and Tower Vault Signal additions to facilitate relocation of telephone and local area network (LAN). 20. Au,qust 22, 2001 - Award of Change Order No. 18 in the amount of $23,885.98 to Fulton/Coastcon for raising the elevation of asphalt crosswalks and additional excavation and fill material under the old restaurant area. 21. 22. September 4, 2001 - Award of Change Order No. 20 in the amount of $21,597.31 to Fulton/Coastcon for relocation of equipment for jet bridge power room, and baggage service office/additional operation space for Continental Express. September 14, 2001 - Award of Change Order No. 21 in the amount of $24,686.88 to Fulton/Coastcon for air conditioning shop space under concourse and additional power supply for data and communication room equipment. 23. March 30, 2001 - Award of Amendment No. 2 in the amount of $15,000 to AGCM, Inc. for additional inspection services. H:\HOME\KEVIN S\GEN\AIR\NEWTERM\^co23&24exh b.doc Page 3 of 3 COST OF PROPOSED PROJECT AND SOURCES OF FUNDS TERMINAL CONSTRUCTION PROGRAM CORPUS CHRISTI INTERNATIONAL AIRPORT OCTOBER 2001 Project No. 1071 FUNDS AVAILABLE (1): FAA AlP Grant 28 ......................................................................................................... Revenue Bond 2000 ....................................................................................................... Passenger Facility Charges ............................................................................................ Airport CIP Funds .......................................................................................................... Airport Bond Fund Interest Appropriation .................................................................... Airport Capital Reserves (ineligibles) ........................................................................... Water Capital Project Fund (Commercial Paper) ......................................................... Wastewater Capital Fund (Commercial Paper) ............................................................ Airport Contingency for Change Order 22 .................................................................... Preliminary 6,333,818.00 7,914,706.00 4,171,311.00 500,000.00 598,500.00 840,000.00 41,769.45 800,000.00 41,769.45 113,679.56 $20,613,784.01 FUNDS REOUIRED (3~: Total Construction Cost .................................................................................................. 16,472,000.00 Contingency (l.2% of Original Construction Contract) (3) .......................................... Change Orders No. 1 - 24 ............................................................................................... Wastewater Lift Station & Mains ................................................................................... Architectural/Engineering Design (Gensler) (4) ............................................................ Windstorm Peer Review ................................................................................................. Construction Inspection (AGCM) ................................................................................... Testing (QA) ................................................................................................................... Engineering Liaison and In-house Services (5) .............................................................. Finance Reimbursements (5) .......................................................................................... Printing, Advertising, FedEx, etc .................................................................................... TOTAL ........................................................................................................................... 607,108.55 1,239,061.03 711,300.00 366,596.00 1,000.00 824,900.00 '122,585.50 65,000.00 28,000.00 20,000.00 $20,613,784.01 DIFFERENCE -0- (1) Project funded through Revenue Bond 2000, Airport CIP Funds, FAA AIP grants and Passenger Facility Charges. (2) Preliminary budget based on engineering estimate~ (3) Available unappropriated Airport Fund Balances, Passenger Facility Charges, etc. are not included. (4) Architectural-Engineering (Gensler) contract previously encumbered & includes multiple projects in addition to Terminal. Amount shown is for the fee chargeable to these funds. Project Management (DMJM Aviation) contracts previously executed and encumbered within overall Terminal Reconstruction Project. (5) Ineligible for PFC Funding. H:\HOM E\K EVIN S\G EN~AI R\NEWTERM\^co23 &24budget.doc [ Exhibit C J Page 1 of 1 File : ~M~ro~ecf:~councilexhibits~exh1071aCO25&24.dwc I I ~s - I ~Y LOCATION NOT TO SCALE ~ PARKINO DJ ~NDING ~ ~NDING APRON ' APRON PROJECT LOCATION NOT TO SCALE CXTY PROJECT No. 1071 EXHIBIT "D" CORPUS CHRXSTI INTERNATZO~L AXRPORT CXTY COUNCXL EXHXBIT ~ TE~I~ CONSTRUCTION PROG~ 2000 a~A~m~Nr O~ ~ S~C~S C~GE ORDER NO, 23&24 F~ AlP 5-48-0051-28-00 PAGE: I 0¢ 1 CI~ OF CORPUS CHRIS~, ~XAS DATE: 10-17-2001 ~ AGENDA MEMORANDUM October 16, 2001 SUBJECT: Rincon Bayou Diversions and Allison Wastewater Treatment Plant Effluent Diversion Demonstration Project AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a consulting contract in the amount of $104,500 with Alan Plummer Associates, Inc., for Nueces Delta Monitoring Program, Program Coordination, and Report Integration Services (Rincon Bayou Diversions). ISSUE: Significant environmental benefits associated with the Rincon Diversion Project requires additional study to: 1. identify the optimal management approach for releases; and 2. determine impacts downstream and in the delta as a result of releases. FUNDING: Funds for these contracts are available in the Environmental Studies activities of the Water Department's FY2001-2001 adopted Operating Budget. RECOMMENDATION: Approval of the motions as presented. Z~t, ngel R. ESCO~ / '~/I '7/~.~ [ Director of Engineering Services Attachments: Exhibit A: Exhibit B: Background/Summary of Contract Prior Council Action Allison VVWTP Diversion Demo Proiect - Monitoring3 Contracts Page 1 of 1 H:\HOM E\KEVINS\G E N\WATER~ALLISON\0102MONI~APAAWD.M Background/Summary of Contract SUBJECT: Rincon Bayou Diversions and Allison Wastewater Treatment Plant Effluent Diversion Demonstration Projects PRIOR COUNCIL ACTION: See Exhibit B. FUTURE COUNCIL ACTIONS: Authorization to execute amendments to the biological and chemical monitoring agreements with: 1. Texas A&M University through the Center for Coastal Studies (CCS); 2. Conrad Blucher Institute (CBI); and 3. Marine Science Institute of the University of Texas at Austin (UTMSI) The amendments are necessary to provide additional biological and chemical monitoring. The frequency and amount of future amendments will be based on the level of monitoring required by the project, as determined by an annual assessment. PROJECT DESCRIPTION: Two Rincon Bayou Diversion Projects and the Allison Wastewater Treatment Plant Diversions form the basis for modification the mandatory water releases required by the TNRCC. The City contracted with the Center for Coastal Studies (CCS), Conrad Blucher Institute (CBI), and University of Texas Marine Sciences Institute (UTMSI) to study the Allison Diversion project. Some preliminary analysis relating to the Rincon Delta was authorized last fiscal year with UTMSI. The work involved biological and chemical monitoring of the Nueces Bay, Delta and Estuary to determine the effects of wastewater effluent diversion. The data collected through those monitoring contracts will be combined with data previously collected by each of the institutions. The contracts are designed to provide a continuation of the specific research by each respective institution. This avoids duplication and allows each research institution to build on its existing research data. CONTRACT SUMMARY: The contract with Alan Plummer Associates, Inc., provides negotiation and development of the Unified Work Program to ensure TNRCC is provided necessary data. Additionally, the contract provides coordination of the effluent diversion project studies. This will be accomplished for the Allison Diversion projects by: 1. coordination of the demonstration contracts with the Unified Monitoring Work Plan; 2. coordination of preparation and implementation of a quality assurance project plan; 3. coordination of workshop and Nueces Estuary Advisory Council presentation; and 4. development of an annual report. In the case of the Rincon Bayou Diversion projects, three tasks are required: 1. documentation of the existing monitoring program; I EXHIBITA J Page 1 of 2 identification of additional studies to support the Rincon Bayou Diversions projects and funding sources; and documentation of the Rincon Bayou Diversions study design and preparation of the quality assurance project plan. The final activity required by the contract is the integration of the effluent diversion demonstration project studies and the Rincon Bayou diversions studies. That will require an update of unified monitoring work plan. I EXHIBIT A J Page 2 of 2 PRIOR COUNCIL ACTIONS 1. April, 1991 and Aori11992. Approval of participation with the Port Authority, Corpus Christi Board of Trade, and the Texas Water Development Board (including partial funding) in the Nueces Estuary Regional Wastewater Planning Study, Phase I in April, 1991 ($25,000 of $150,000)and Phase II in April, 1992 ($79,000 of $258,000). January_. 1994. Approval of the Capital Improvement Program which included an Effluent Return Flows Pilot Project to evaluate the potential for meeting the requirement for water releases into the Bay Estuaries using wastewater diversion in lieu of freshwater releases. March 1. 1994. Award of a contract in the amount of $117,500 to the joint venture of Urban Engineering and Govind & Associates for engineering services associated with the construction of an Effluent Diversion Demonstration Project (M94-051 ). Se~ber 26 1995. Acceptance of an easement for a 28.109 acre effluent diversion site, a 1.019 acre pipeline easement, and a 25 foot wide temporary construction easement from Mr. O.S. Wyatt in connection with the Effluent Diversion Demonstration Project in return for the construction of a 2.5 inch water pipeline valued at $48,500 for livestock watering purposes (M95-284). ~ZgJze~5~ Award of a contract in the amount of $18,850 to the Conrad Blucher Institute and the Center for Coastal Studies at Texas A&M University - Corpus Christi for continuous salinity monitoring in the Nueces Bay (M96-332) ~ Award of a contract for consulting services with the Marine Sciences Institute of the University of Texas at Austin for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay in the amount of $70,000 (M96- 348). April 8. 1998. Acceptance of an Access Easement valued at $15,000 [rom Mr. John S. McGregor for access over a 20-foot wide road for the purpose of constructing and operating a dispersal facility (M97-73). April 8. 1998. Award of contract in the amount of $825,621 with West Oaks Constructors, Inc. for construction of the Allison WWTP/Nueces Estuary Effluent Diversion Demonstration Project. ~ Award of contracts for consulting services: a. in the amount of $52,500 with the Center for Coastal Studies (CCS) for Ecological/Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay; b. in the amount of $90,500 with the Conrad Blucher Institute (CBI) for On- Going Salinity Monitoring in the Rincon Delta and Nueces Bay; and c. in the amount of $84,500 with the University of Texas Marine Sciences Institute Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay for Biological Monitoring of the Effects of Wastewater. L Exhibit B J Page 1 of~ 10. 11. September 29. 1999. Award of contracts for consulting services: a. in the amount of $55,500 with the Center for Coastal Studies (CCS) for Ecological/Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay; b. in the amount of $85,784 with the Conrad Blucher Institute (CBI) for On- Going Salinity Monitoring in the Rincon Delta and Nueces Bay; and c. in the amount of $93,484 with the University of Texas Marine Sciences Institute Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay for Biological Monitoring of the Effects of Wastewater. October 10.2000 - Award of contracts for consulting services: a. in the amount of $53,672 with the Center for Coastal Studies (CCS) for Ecological/Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay; b. in the amount of $86,286 with the Conrad Blucher Institute (CBI) for On- Going Salinity Monitoring in the Rincon Delta and Nueces Bay; c. in the amount of $110,953 with the University of Texas Marine Sciences Institute Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay for Biological Monitoring of the Effects of Wastewater; and d. in the amount of $45,920 with Alan Plummer Associates for the Allison Diversion Project for Analysis, Evaluation, and Report Preparation. Prior Administrative Actions: April 12. 2001 - Award of contract to University of Texas Marine Sciences Institute for consulting contract for Allison Wastewater Project Supplemental Monitoring (Rincon Bayou - Year 1 ) I Exhibit B J Page ~1, of ~, 8 T ~ CITY COUNCIL AGENDA MEMORANDUM Council Meeting Date: October 23, 2001 AGENDA ITEMS: Motion authorizing the City Manager, or his designee to execute a contract in the amount of $16,028 with Patrick F. Rice, Conservator, doing business as Objects Conservation, for the restoration of the Pompeo Coppini adwork Queen of the Sea. ISSUE: On September 27, 1999 the City Council approve the acceptance of a grant from Save Our Sculpture (SOS) for the restoration of the Coppini sculpture. The SOS grant requires an executed contract between the City and an approved restorationist along with a fifty percent (50%) match of cash and in-kind contributions. Funds for the match are included in the Arts Project budget. These funds will provide the restoration of Queen of the Sea sculpture by Pompeo Coppini. REQUIRED COUNCIL ACTION: Council action in the form of a motion is requested to authorize the City Manager or his designee to enter into an agreement with Objects Conservation. RECOMMENDATION: It is recommended that the City Council authorize the City Manager or his designee to enter into an agreement with objects Conservation in the amount of $16,028 for restoring the Queen of the Sea sculpture. Marco A Cisneros, Director Park & Recreation Departm&nt ADDITIONAL SUPPORT MATERIAL: Background information : Contract Summaries : AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION The Queen of the Sea, by Pompeo Coppini, is Corpus Christi's fi;~ work of public art, commissioned by the Daughters of the Confederacy at a time wh~-~ ladies clubs were the primary catalysts of Texas' cultural advancement. Copp~ni is internationally recognized as a realistic figure sculptor of stature. His work was commissionec~ throughout Texas and can be found in such locations such as the University of Texas, the Austin Confederate Memorial and the Alamo Cenotaph. The work's historical significance is as important as its artistic significance. The bas- relief sculpture is set into the wall of the Bluff Balustrade where two staircases connect Upper and Lower Broadway. The curved facade depicts a scene at the edge of Corpus Christi Bay against a backdrop of South Texas landscape. Father Neptune and Mother Earth crown the youthful maiden Corpus Christi (symbolizing the city's potential) "Queen of the Sea". A ship and dolphin refer to the gifts of the sea to the city. The ship recalls the arrival here of Alonso de Pineda of Spain in 1519 and the French explorations of Sieur de la Salle in 1685. Beatres Kenedy, the model for Mother Earth, was married to George M. Kenedy who was the grandson of Captain Miflin and Petra Vela Kenedy, early settlers of southwest Texas. In 1991, an earlier restoration effort was undertaken by the Downtown Rotary Club to commemorate its 75th anniversary. An assessment of the sculpture was submitted to SOS as part of the grant package. Seven x-rays of the work determined that damage to the steel substructure, not evident at the time of the Rotary restoration, was extensive. Mr. Patrick F. Rice has evaluated the artwork. Mr. Rice has done work for the State of Texas on cement sculpture on the Capital grounds. Restoration will involve removal of the concrete landing of the stairway, excavation of material behind the sculpture, sealing the back side of the piece to prevent further deterioration, and repairs to damaged areas on the face of the piece using the original material mixture. Contract Summary PARTIES: City of Corpus Christi Park & Recreation Patrick F. Rice d.b.a. Objects Conservation TERM: Must complete work within ninety (90) days of being signed. AGREEMENT: The conservator will provide professional services conserving a permanent work of art, Pompeo Copini's Queen of the Sea. The conservator will furnish all labor, tools, material, machinery, equipment and incidentals reasonably necessary for treatment. The City will provide for excavation of site. The City will pay in three installments: $8,104 upon execution of contract, $6,411 with in ten working days upon notice of Substantial Completion of Site, and $1,603 within ten working days after final acceptance. Save Our Sculpture will match up to $14,300. The conservator will clean and remove all surpluses from site. The conservator must secure and maintain the level and type of insurance set out by the City's Risk Management Department. The conservator shall document work. The City will provide electrical power, potable water, parking space, high-pressure air compressor, and tax exemption certificate letter. The City will make available a fenced storage yard for storage of trailer and equipment. C:\DOCUMENTS AND SETTINGS\DAN\LOCAL S ETTINGS\TEM P\RJCECONTRACTS UM M ARY.DOC 9 .... T T AGENDA MEMORANDUM DATE: October 23, 2001 SUBJECT: Exceptional Well Drill Site At Western Portion of Corpus Christi Bay AGENDA ITEM: Motion granting a permit to Sabco Operating Company to drill an oil or gas well at an exceptional location, approximately 5.3 miles eastward of the Corpus Christi Marina in Corpus Christi Bay, as State Tract 55 Well #5. ISSUE: The City Code of Ordinances, Section 35-56, requires City Council approval of drilling permit applications for exceptional well locations in Corpus Christi Bay. BACKGROUND INFORMATION: The City Code of Ordinances, Section 35-56, sets standards for wells drilled in the area of Corpus Christi Bay southerly of the Ship Channel and westerly of the lntracoastal Waterway. The well surface location must be located in the westerly corner of the 640 acre state tract to quali~ as a regular location. Unless protested, permits to drill from regular locations do not require council action. Exceptional well locations are sites outside of the westerly corner that allow wells to be drilled as straight or directional boreholes for the purpose of obtaining the only access to the geologic target. Section 35-56 allows the Council to grant permits for exceptional locations if it is needed to prevent confiscation of property. The proposed exceptional location is approximately 2,000 feet from the nearest regular location. Sabco Operating Company owns several producing wells in the immediate bay area and has paid the $1,500.00 permit application fee. They are requesting the exceptional location to expedite the drilling of State Tract 55 Well #5 and to create a viable drilling prospect. RECOMMENDATION: Due to geological fault angle as reviewed by the Oil and Gas Advisory Committee with the help of 3-dimensional seismic, the well can only be drilled from this location to achieve the desired angle of penetration to the geological target. Also this will be the last exceptional well location permitted in said state tract. Staffrecommends approval of the exceptional well application by Sabco Operating Company. Exceptional Well Drilling Site Page 2. COMMITTEE RECOMMEN1)ATION: During the meeting on October 10, 2001, the Oil and Gas Advisory Committee unanimously recommended approval of the exceptional location. Oil and Gas Well Division JJA: pa 10 ORDINANCE STATUS AGENDAITEM: Ordinance authorizing the City Manager, or his designee, to execute an oil and gas lease on approximately 1,136.227 acres of land owned by the City of Corpus Christi near the Corpus Christi International Airport for a cash bonus bid of $193,764.00, $25.00 per acre delay rentals, 25% royalty, with a three year term, as may be extended indefinitely by continuing drilling operations. FIRST READING: October 16, 2001 Passed: 7-0 (Absent - Henry Garrett and Abstaining - Jesse Noyola) FINAL READING: October 23, 2001 COMMENTS: (None) CITY COUNCIL AGENDA MEMORANDUM Date: October 12, 2001 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute an oil and gas lease on approximately 1,136.227 acres of land owned by the City of Corpus Christi near the Corpus Christi International Airport for a cash bonus bid of $193,764.00, $25.00 per acre delay rentals, 25% royalty, with a three year term, as may be extended indefinitely by continuous drilling operations. ISSUE: Last week Council passed a motion approving the oil and gas lease by a 4-3 vote. Article IX, Section 1 of the City Charter requires that use of public real property of the city be granted by ordinance. Passage of an ordinance approving the lease will require five votes. RECOMMENDATION: Staff recommends approval of the ordinance as submitted. Ji~ Br4 City Attom~ 1JRB0500.026 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN OIL AND GAS LEASE ON APPROXIMATELY 1,136.227 ACRES OF LAND OWNED BY THE CITY OF CORPUS CHRISTI NEAR THE CORPUS CHRISTI INTERNATIONAL AIRPORT FOR A CASH BONUS BID OF $193,764.00, $25.00 PER ACRE DELAY RENTALS, 25% ROYALTY, WITH A THREE YEAR TERM, AS MAY BE EXTENDED INDEFINITELY BY CONTINUING DRILLING OPERATIONS. WItEREAS, the City advertised for bids to lease minerals, with a minimum bid of $100.00 per acre, $25.00 per acre delay rentals, 25% royalty, with a three year term, as may be extended indefinitely by continuing drilling operations; and WHEREAS, only one (1) bid was received at bid opening. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute an oil and gas lease with EOG Resources, Inc., for $193,764.00 cash bonus, with a $25.00 per acre delay rental, and a 25% percent royalty, upon the terms in the bid specifications, which was determined to be the bid that was most advantageous to the City, for the property described on the attached and incorporated Exhibit A. A copy of the oil and gas lease is on file with the City Secretary. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor o EXHIBIT "A" 214.5 acres, more or less, out of Block No. 22, J.C. Russell Farm Blocks, Nueces County, Texas, being the same lands described in that certain Deed rlati~J. June 13, 1957, from Herbert J. Hoelscher, Ct, alto the City of Corpus Christi, recorded in volume 778, at Page 13, of the Deed Records, Nueces County, Texas. 100 acres, more or less, out of Farm Block No. 22, J.C. Russell Farm Blocks, Nueces County, Texas, being the lands described in that certain Warranty Deed dated March 12, 1958, from A.J. Geistman, et al, to the City of Corpus Christi, recorded in Volume 806, at Page 11, of the Deed Records, Nueces County, Texas, plus the lands described in the Warranty Deed dated January 28, 1958, from the West Point Co-Operative Gin Company to the City of Corpus Christi, recorded in Volume 799, at Page 501, of fire Deed Records, Nueces County, Texas. 470 acres, more or less, being all of Farm Block 23 of the J.C. Russell Farm Blocks, Nueces County, Texas, which is described in that certain Deed dated June 22, 1957, from F.B. Sechrist, et a!, to the City of Corpus Christi, recorded in Volume 780, at Page 87, of the Deed Records, Nueces County, Texas. 128.315 acres, more or less, out of Lot 7 of the Margaret Kelly Subdivision, being the lands described in that certain Warranty Deed dated May 1, 1958, from Cecilia Kelly to the City of Corpus Christi, recorded in Volume 810, at Page 277, of the Deed Records, Nueces County, Texas. 61.44 acres, more or less, out of Lot 6 of the Margaret Kelly subdivision, being the lands described in that certain Warranty Deed dated April 28, 1958, from P.W. Kelly, et al, to the City of Corpus Christi, recorded in Volume 810, at Page 282, of the Deed Records, Nueces County, Texas. 78.82 acres of land, more or less, described in that certain deed dated Septerr[ber 28, 1957 from R. Morgan to the City of Corpus Christi, Texas, recorded in Volume 788, Page 532 of the Nueces County Deed Records,SAVE ANDEXCEPT that portion included in a valid and subsisting gas production unit, if any. 13.47 acres of land, more or less, being a part of Tract No. 10, out of the Margaret kelly Subdivision of the kelly Ranch as shown on map or Plat of said subdivision recorded in Volume 8, Page 40 of the Map Records of Nueces County, Texas, said 13.47 acres being described in a certain deed dated January 13, 1958, from Mary E. Gabriel to the City of Corpus Christi, Texas, recorded in Volume 799, Page 498 of the Deed Records of Nueces County, Texas. 69.682 acres out of the G.S. & S.F.R.R. Survey, A-818, Nueces Count3.'. Texas, being the same land described in deed dated February 13, 1959, from J.L. Scogin. et al, to the City of Corpus Christi, recorded in Volume 841, Page 601, Deed Records, Nueces Cotmty, Texas. 11 ORDINANCE STATUS AGENDA ITEM: Ordinance approving a quit-claim deed conveying 38.07-acres of land, more or less, out of the Mariano L. De Herrera grant, abstract 606, being out of a 493.66-acre tract, said 493.66-arces being more particularly described in volume 1643, page 224, deed records Nueces County, Texas, said 38.07 acres being same property identified under tax account number 3360-0549-0300 in the official records of the Nueces County Appraisal District, from the City of Corpus Christi to the Nueces County Industrial Development Corporation; and authorizing the City Manager, or his designee, to execute the deed. Ordinance approving a special warranty deed conveying a tract of land containing 35.07-acres, more or less, out of a 400-acre tract of the Mariano L De Herrera Grant, abstract 606, said 400-acre tract conveyed by Bess L. Hurt, et. Vir., to Nina G. Stewart, widow, by deed dated June 23, 1944, and recorded in volume 300, page 153, deed records Nueces County, Texas from the City of Corpus Christi to the Nueces County Industrial Development Corporation; and authorizing the City Manager, or his designee, to execute the deed. FIRST READING: October 16, 2001 Passed: 7-0 (Absent - Henry Garrett and John Longoria) FINAL READING: October 23, 2001 COMMENTS: (None) CITY COUNCIL AGENDA MEMORANDUM DATE: October 11,2001 AGENDA ITEM: Ordinance approving a Special Warranty Deed conveying a tract of land containing 35.07 acres, more or less, out of a 400 acre tract of the Mariano L. de Herrera Grant, Abstract 606, said 400 acre tract conveyed by Bess L. Hurt, et vir, to Nina G. Stewart, widow, by Deed dated June 23, 1944, and recorded in Volume 300, Page 153, Deed Records of Nueces County, Texas from the City of Corpus Christi to the Nueces County Industrial Development Corporation and authorizing the City Manager or his designee to execute the deed. Ordinance approving a Quit-Claim Deed conveying 38.07 acres of land, more or less, out of Mariaflo L de Herrera Grant, Abstract 606, being out of a 493.66 acre tract, said 493.66 acres being more particularly described in Volume 1643, Page 224, Deed Records of Nueces County, Texas, said 38.07 acres being same property identified under Tax Account Number 3360-0549-0300 in the official records of the Nueces County Appraisal District from the City of Corpus Christi to the Nueces County Industrial Development Corporation and authorizing the City Manager or his designee to execute the deed. Motion accepting a Special Warranty Deed from Nueces County to the City of Corpus Christi on a tract of land containing 2.066 acres (89,989 sq. ft.) of land out of Survey 606, Abstract 45, Land Script NO. 64 as recorded in Documept Number 888926 of the Official Public Records of Nueces County, Texas. ISSUE: Any conveyance of property by the City of Corpus Christi must be approved by the Council. RECOMMENDATION: City staff strongly endorses these land tract transactions and solicits Council approval. Attached are copies of the deeds as well as copies of the area. W. Thomas Utter Assistant City Manager BACKGROUNDINFORMATION City staff, working with Nueces County has determined that it is mutually beneficial to the City and the County to exchange certain properties as follows: The City of Corpus Christi purchased a tract of land containing approximately 35.07 acres along the Nueces River adjacent to Hazel Bazemore Park in the late 1980's from the Resolution Trust Corporation. The object of this acquisition was to preserve the land in perpetuity for a nature area associated with Hazel Bazemore Park and to protect the Nueces River at this point. In addition to the 35.07 acres, there is an additional 38.07 acres in two parts immediately west and adjacent to the first tract lying along the Nueces River. This latter tract is held in trust by Nueces County under a tax sale. City staff is proposing that the City deed the 35.07 acre tract to the County along with quit-claiming our interest in the 38.07 acre tract to the County, both with the restriction that they will be used as a nature area with development limited to nature trails. The actual dedication will be to the Nueces County Industrial Development Corporation on behalf of the County in order that the County might use the property as a future local match for either State or Federal funds to assist in the development of the Hazel Bazemore Park (much the same as the City has used the same devise). By having this proposed park land developed by the County, this will relieve the City of this responsibility and will allow the City to apply for grants such as Texas Parks & Wildlife independently of the County for other projects. The City has searched the Mustang island area for an appropriate fire station location and has found that the north end of Mustang Island State Park is the most suitable location. In discussions with the County, the County has agreed to deed to the City 2.066 acres out of several hundred acres the County owns immediately south of the State Park. In negotiations with the Texas Parks & Wildlife Department (TPWD), TPWD has agreed to accept that 2.066 acre tract in exchange for a roughly 300x300 site containing 2.066 acres at the north end of the State Park for use by the City as a fire station location. The benefit of locating the new fire station on the Island serves both City and County interests and will be beneficial to the entire area. AN ORDINANCE APPROVING A SPECIAL WARRANTY DEED CONVEYING A TRACT OF LAND CONTAINING 35.07-ACRES, MORE OR LESS, OUT OF A 400-ACRE TRACT OF THE MARIANO L. DE HERRERA GRANT, ABSTRACT 606, SAID 400-ACRE TRACT CONVEYED BY BESS L. HURT, ET. VIR., TO NINA G. STEWART, WIDOW, BY DEED DATED JUNE 23, 1944, AND RECORDED IN VOLUME 300, PAGE 153, DEED RECORDS NUECES COUNTY, TEXAS, FROM THE CITY OF CORPUS CHRISTI TO THE NUECES COUNTY INDUSTRIAL DEVELOPMENT CORPORATION; AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE DEED. WHEREAS, the City acquired a tract of land containing 35.07 acres, more or less, to preserve the land for a nature area associated with Hazel Bazemore Park and protect the Nueces River; WltEREAS, the City is now in a position to deed the property to the Nueces County Industrial Development Corporation, with the restrictions that it be used only for a nature area and development limited to nature trails, which will relieve the City of this responsibility and allow the City to apply for grants independent of the County for other projects. WHEREAS, it has been determined that the land conveyance with Nueces County is feasible and advantageous to 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 Special Warranty Deed conveying a tract of land containing 35.07-acres, more or less, out of a 400 acre tract of the Mariano L. de Herrera Grant, Abstract 606, said 400-acre tract conveyed by Bess L. Hurt, et. vir., to Nina G. Stewart, widow, by deed dated June 23, 1944, and recorded in Volume 300, Page 153, Deed Records Nueces County, Texas, from the City of Corpus Christi to the Nueces County Industrial Development Corporation is approved and the City Manager, or his designee, is authorized to execute the deed. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor AN ORDINANCE APPROVING A QUIT-CLAIM DEED CONVEYING 38.07-ACRES OF LAND, MORE OR LESS, OUT OF THE MARIANO L. DE HERRERA GRANT, ABSTRACT 606, BEING OUT OF A 493.66- ACRE TRACT, SAID 493.66-ACRES BEING MORE PARTICULARLY DESCRIBED IN VOLUME 1643, PAGE 224, DEED RECORDS NUECES COUNTY, TEXAS, SAID 38.07 ACRES BEING SAME PROPERTY IDENTIFIED UNDER TAX ACCOUNT NUMBER 3360-0549-0300 IN THE OFFICIAL RECORDS OF THE NUECES COUNTY APPRAISAL DISTRICT, FROM THE CITY OF CORPUS CHRISTI TO THE NUECES COUNTY INDUSTRIAL DEVELOPMENT CORPORATION; AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE DEED. WHEREAS, the City holds an interest as a taxing authority in a tract of land containing 38.07 acres, more or less, which is held in trust by Nueces County under a tax sale; WHEREAS, the City is now in a position to quit-claim deed the property to the Nueces County Industrial Development Corporation, with the restrictions that it be used only for a natm'e area and development limited to nature trails, which will relieve the City of this responsibility and allow the City to apply for grants independent of the County for other projects. WHEREAS, it has been determined that the land conveyance with Nueces County is feasible and advantageous to 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 Quit-Claim Deed conveying 38.07-acres of land, more or less, out of the Mariano L. de Herrera Grant, Abstract 606, being out of a 493.66-acre tract, said 493.66-acres being more particularly described in Volume 1643, Page 224, Deed Records Nueces County, Texas, said 38.07-acres being same property identified under Tax Account Number 3360-0549-0300 in the official records of the Nueces County Appraisal District, from the City of Corpus Christi to the Nueces County Industrial Development Corporation is approved and the City Manager, or his designee, is authorized to execute the deed. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor 12 .... T T ORDINANCE STATUS AGENDA ITEM: Ordinance authorizing the approval of a land exchange contract with the Texas Parks & Wildlife Department for the exchange for two 2.066-acre tracts between the City of Corpus Christi and the Texas Park & Wildlife Department and authorizing the City Manager, or his designee the execute same. FIRST READING: October 16, 2001 Passed: 7-0 (Absent - Henry Garrett and John Longoria) FINAL READING: October 23, 2001 COMMENTS: (None) CITY COUNCIL AGENDA MEMORANDUM DATE: October 10,2001 AGENDA ITEM: Ordinance authorizing the approval of a land exchange contract with the Texas Parks & Wildlife Department for the exchange of two 2.066-acre tracts between the City and the Texas Parks & Wildlife Department and authorizing the City Manger, or his designee, to execute same. ISSUE: Any sale or exchange or property by the City of Corpus Christi must have Council approval. RECOMMENDATION: City staff strongly solicits Council approval of this proposed exchange which is to be considered by the Texas Parks & Wildlife Commission in early November. W. Thomas Utter Assistant City Manager BACKGROUNDINFORMATION City staff has very carefully considered possible locations for the new Mustang Island Public Safety facility. After much consideration, staff determined that the most appropriate location would be at the north end of the Mustang Island State Park. With tremendous assistance from Nueces County, and through the auspices of Mr. Andrew Sansom, Executive Director, Texas Parks & Wildlife Department, the City is now in the position to exchange a 2.066-acre tract adjacent to the south end of State Park to the State for a 2.066-acre tract located at the north end of the State Park. The latter site would be used for the proposed new public safety facility and potentially in the future, storage of beach cleaning equipment. The site offers excellent access to not only the beach, but also the condominiums and other dwelling units along SH 361 as well as the State Park. As part of the exchange agreement, the City is proposing to also fence the resulting State Park property lines. STATE OF TEXAS * COUNTY OF NUECES * EXCHANGECONTRACT BY THIS AGREEMENT The City of Corpus Christi, herein called "City," whose address is 1201 Leopard, Corpus Christi, Nueces County, Texas, 78401, has agreed to convey to the Texas Parks and Wildlife Department, herein called "Department," whose address is 4200 Smith School Road, Austin, Texas, 78744, that certain land in Nueces County, Texas, more particularly described in "Exhibit A" (Tract A), attached hereto and made a part hereof, for and in consideration of Department's conveying to City that certain land in Nueces County, Texas, more particularly described in "Exhibit B" (Tract B), attached hereto and made a part hereof, and Department has agreed to convey Tract B to City in consideration of City's conveying Tract A to Department. This Exchange Contract is subject to the approval of the Texas Parks and Wildlife Commission voting in public session as required by the Texas Open Meetings Act, and shall be effective only upon delivery to City of certification of the Commission's approval. Subject to the performance by both parties of their respective obligations and the satisfaction of all conditions set forth herein, this transaction shall be closed within __ days after execution hereof. The City's use of Tract B is limited to public safety and beach maintenance operations and the City agrees to fence Tract B along the resulting state park property lines. The City agrees to reinstall the Department's fencing along the South property line of Tract A. It is understood and agreed that Department may perform or cause to be performed an environmental audit, including "all appropriate inquiry" as term is used in the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Sec. 9601 (35) (B), and that the time required for such audit may cause a delay in closing and the results thereof may cause a cancellation hereof. In this connection, City hereby grants access to Tract A for inspection purposes and warrants that Ci~' will have disclosed to Department before the closing hereof all relevant information known to City. TEXAS PARKS AND WILDLIFE DEPARTMENT CITY OF CORPUS CHRISTI By By. Andrew Sansom Executive Director Title: Date: .2001 Date: .2001 STATE OF TEXAS COUNTY OF NUECES BEING a Tract of Land containing 2.066 Acres (89,989 Sq. Ft.) of land out of Survey 606, Abstract 45, Land Script NO. 64 ns recorded in Document Number 8859~16 of the Official Public Records of Nueces County, Texas. This 2.066 Acre Tinct being more particularly described by metes and bounds as follows: BEGINNI~'C at a Point on the Northeazt Boundary Line of Survey 606, Abstract ~,5, Land Script 64, as described in Document Number 888926 of the Official Public Records of Nueces County, Texas (William Br,'on 320 Acre TractS: THENCE S58"22'00"E with the northeasterly bou:adary line of said Survey 606, a distance of 1,621.50' to a Point on the westerly shoreline of'the Gulf o£Mexico, being the e~t comer ofthls tract; THENCE S24°48'00"W with said shoreline, a distance of 34.70' to a Point on said shoreline, being the south comer of this tract; TI~F. NCE N55"22'00"W through said Survey 606, a distance of 2,613.83' to a Point on the southeasterly right-of-way line of State Highway 361. being the west comer of this t~ot; THENCE N30'IS'46"E continuing through said Survey 606 and with said southeasterly right-of-way line of State Highway 36 I. a distance of 3&,~6' the POl~lT A~ND PLACE OF BEGINNING and containing 2,066 Acres (89,989 Sq. F~.I of land. Bearings are with reference to warranty deed from Texas Commerce Bank to Nueces County., Texas as recorded in Document Number 888926 of the OPH¢ial Public Records of Nueces County, TexnS. State of Texas County of Nueces 1, Russell Ochs, a Registered Professional Land Surve.yor, hereby certify that the foregoing field notes were prepared by mc from instruments of record. This thc 2lst day of September. 2001. l~.uasell D. Och~ State of Tex~ License No. o 200 EXHIBIT A CITY of cORPUS CHRISTI, TEXAS ~'vey OJvJ~on MUSTANG ISLAND FIRE SUB-STATION STATE OF TEXAS COUNTY OF NUECES BEING a Tract of Land containing 2.066 Acres (89,996 Sq. Ft.) of land Out of Survey 600, Abstract 162, Land Script NO. 152 az recorded in Volume 1447, Pages 769 - 780 of the Deed Records of Nueces County, Texas. This 2.066 Acre Tract being more particularly described by metes and bounds as follows: COIVIMENCING at a the North Comer of Survey 600, Land Script 152, as described in VOlume 1447, Pages 769 - 780 of the Deed Records of Nueces County., Texa~ (Tract 3'1, and being on the e~terly shoreiine or'Corpus Christi THENCE S58~22'00"E with the northeasterly boundary line of said Surv~D' 600, a dis'lance of 2,642.27' to a Point on the southeast~ly right-of-way line of State Highway 361, b~ing the POINT OF BEGINNING of this tract; TltENCE continuing S58~22'00"E with the northeasterly boundary line of said Survey 600. a distance of 300.00' to a Point, being the east comer of this tract; Tli~NCE S30°18'37"W through said Survey 600. a distance of 300.00' to a Point, being the south comer of this tract; 'IIt~NCE N$8°22'00"W continuing through ~aid Survey 600, a distance of 300.00' to a Point on said southeasterly right-of-way line of State Highway 361. being th~ :vest comer of this tract; THENCE N30°lg'37"E continuing through said Smwey 600 and with said southeasterly right-of-way line of State Highway 361, a distance of 300.00' the POINT .~ND PLACE OF BEGI2NNI2NG and containing 2.066 Acres (89,996 Sq. Ft.) of land. Bearings are with reference to correction d~d from Ada Roger~ Wilson to the Texas Parks and Wildlife Department as recorded in Volume 1447, Page 769 of the Deed Records of Nuecas County, Texas. ~tate of Texaa County of Nuec~ I, Russell Ochs. a Registered Professional Land Sun'ex'or. her~b~-.z~rfi~,' thai the foregoing field note~ were prepared by mc from ins~mems of record. · ~ - - This the 21s* day of September, 2001. ',~'7 '~ ....... ...... (~ RUSSELL 0 OCH~ PROPOSEO MUSTANG /SI. AND FIRE SUB-S TA TION CITY of CORPUS CHRISTI. TEXAS OiOerC~enC of' E}'~,~-,;r~ ~rv~Ges AN ORDINANCE AUTHORIZING THE APPROVAL OF A LAND EXCHANGE CONTRACT WITH THE TEXAS PARKS & WILDLIFE DEPARTMENT FOR THE EXCHANGE OF TWO 2.066-ACRE TRACTS BETWEEN THE CITY AND THE TEXAS PARKS & WILDLIFE DEPARTMENT AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE SAME. WHEREAS, City staff has very carefully considered possible locations for the new Mustang Island Public Safety Facility, and after much consideration, staff has determined that the most appropriate location would be at the North end of Mustang Island State Park; WHEREAS, the City is now in a position to exchange a 2.066-acre tract adjacent to the South end of the State Park to the State, for a 2.066-acre tract located at the north end of the State Park; WHEREAS, it has been determined that the land exchange with the Texas Parks and Wildlife Department is feasible and advantageous to the City of Corpus Christi and its citizens for the installation of the new Mustang Island Public Safety Facility. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the land exchange contract with the Texas Parks and Wildlife Department for the exchange of two 2.066-acre tracts between the City and the Texas Parks and Wildlife Department is approved and the City Manager, or his designee, is authorized to execute same. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved as to legal form James R. Bray, Jr. City Attorney By: Joseph~-)&y / %. Assistant City Attorney ,2001. 13 ~ AGENDA MEMORANDUM PUBLIC HEARING-ZONING (City Council Action Date: October 23 2001) Case No. 0O01-01, Murray Bass, Jr.: A change of zoning from an "A-I" Apartment House District to a "B-I' Neighborhood Business District on Lindale Park 4. Block 36, on the north side of McCall Street, approximately 120 feet west of Reid Drive. Planning Commission's and Staff's Recommendation (09/26/01): Denial of the "B-I" District, in lieu thereof, approved a Special Permit for an off-site parking lot subject to a site plan and 5 conditions. Requested Council Action: Denial of the "B-I" District, in lieu thereof, approve a Special Permit for an off-site parking lot subject to a site plan and 5 conditions. Purpose of Request: Use property as an off-site parking lot for a chruch. Summary: The applicant has requested a change of zoning from an "A-I' Apartment House District to a "B-I" Neighborhood Business District ill order to provide an off-site parking lot for the church located across McCall Street to the south. This parking lot will be an expansion of the parking lot adjacent to the east which was granted a Special perrmt in August 2000, on Lots 1 and 2 with two (2) years to implement the parking lot. The applicant plans to remove the existing single-family residence. A stand-alone parking lot or off-site parking requires at a minimum a "B-i" Neighborhood Business District. Since the proposed parking area is separated by street right-of-way from the church property, it is considered off-site parking. Access to the subject property will be from McCall Street and Reid Drive, both classified as local streets, through the adjacent parking lot. Neighborhood churches have typically been allowed to provide off-site parking lots through the use of a Special Permit. Approval of a "B-I" District would introduce commercial uses that are not consistent with the existing residential area, such as 24-hour convenience stores, self-service car washes, and drive- through restaurants. These types of uses are disruptive to a residential neighborhood due to late hour operations and traffic. A commercial zoning district would not be appropriate. Because of the lack of parking, the church needs the off-site parking. According to the applicant, parishioners were parking across Reid Drive in the H.E.B. tract. Since the redevelopment of the H.E.B. property and installation of a screening fence along Reid Drive, the vehicles are now hidden from viewing from the church which makes the parishioners uncomfortable. The proposed off-site parking lot can be accomplished through a Special Permit that will also provide protection to th$ surrounding residential area. The Special pemut can limit the number of driveways, require a screening fence, and additional landscaping. Planning Commission's and Staff's Conditions: USE: The only use authorized by this Special Perm/t other than uses permitted by the "A-l" Apartment House District is an off-site parking lot serving the church located to the south on Lots 1 through 4 and 25 through 29, Block 38 Lindale Park Unit 4. Overnight parking and parking of large commercial trucks (18-wheelers) are prohibited. SCREENING: A standard screening fence with a height of not less than six (6) feet must be installed along the north and west property lines. The standard screening fence must be tapered down to a height not to exceed three ~3) feet for that part of the fence within ten (10) feet of the McCall Street right-of-way line. The screening fence must be installed within one year from the date of this ordinance. LIGHTING: All lighting on the property must be directional lighting and must be directed away from surrounding residential properties. Agenda Memorandum Case No. 0901-01 (Murray Bass, Jr.) Page 2 LANDSCAPING: Landscaping must comply with the Landscape Regulations as if the property were zoned a "B-I' Neighborhood Business District. In addition to the required landscaping by the Landscape Regulations~ a canopy tree with a height of not less than six (6) feet must be located every fifty (50) feet on center along the McCall Street frontage. TIME LIMIT: Such Special Permit shall be deemed to have expired within one year of the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Applicant's Position: The applicant concurs with Planning ComnUssion's and Staff"s recommendation. Notification: Of the twenty-two (22) noUces mailed to the surrounding property owners, none were returned in favor or in opposition. This case is considered noncontroversial. The 20% rule is not in effect at the City Council hearing. · Director of Planning ~ MG/MS, mb Attachments: 1) Zoning Report Pages 3- 10 2) Comments Received Page 11 3) Planning comrmssion Minutes Pages 12 - 13 4) Ordinance Pages 14-20 it;\PLN.DiR\ERMAXWORD~AGENDM EM\0901-01AGENDAM EMO.DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 0901-01 September 26, 2001 80-7 (J ! SD) Murray Bass, Jr. Lindale Park Unit 4, Block 36, Lot 3, located on the north side of McCall Street, approximately 120 feet west of Reid Drive. 0.165 acre 17,200 square feet) Same as above. "A-1" Apartment House District "B-I" Neighborhood Business District Single-family residence. Off-site church parking lot. 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, West "R-lB" One-family Dwelling District South -"A-1" Apartment House District East - "A-I" Apartment House District with a Special Permit Adiacent Land Use: North, West Single-family residences. South - (across McCall Street) Church. East - Parking lot. Zoning Report Case No. 0901-01 (Murray Bass. Jr.) Page 2 Number of Residential Units Allowed: "A-I' - 3 units (21.78 dwelling units per acre) '~B-I" 5 units (36.30 dx~elling units per acre} Estimated Traffic Generation: Specialty retail center 40.67 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 1,276 square feet (average per ITE Manual) = 52 average weekday vehicle trip ends. Adiaeent Streets/Classification: a) McCall Street - local Right-of-Way Design Current: a) 50-foot right-of-way with a 23-foot back-to-back paved section. Planned: a) Same as current. 1996 Traffic Count (24-hour~ weekdav~ non-directional): a) None available. Zoning History of Property: There has been no rezoning activity within the past five (5) years. Recent Surrounding Zoning Cases: Lq August 2000, Lots I and 2, located on the northwest comer of McCall Street and Reid Drive and adjacent to the east of the subject property, were denied a change of zoning to a "B-I" District, and in lieu thereof, were granted a Special Permit for an off-site church parking lot. Zoning Inventory: The subject property is part of a 19.46-acre tract of land zoned an "A-I" District. This area is predominantly developed with multiple-family structures and scattered few single-family residences, Zoning Report Case No. 0901-01(Mu~ay Bass. Jr.) Page 3 two (2) churches and a private lodge. To the east, there are 23.54 acres of land zoned a "B-4" District developed with various commercial uses. North and west of the subject property, there are 898.9 l acres of land that is zoned a "R-1B" District and developed with single-family residences. Planning Staff Analysis: General Characteristics and Backaround: The applicant has requested a change of zoning fi.om an "A-1" Apartment House District to a "B-I" Neighborhood Business District in order to provide an off-site parking lot for the church located across McCall Street to the south. This parking lot will be an expansion of the parking lot adjacent to the east which was granted a Special Permit in August 2000, on Lots 1 and 2 with two (2) years to implement the parking lot. The applicant plans to remove the existing single-family residence. A stand- alone parking lot or off-site parking requires at a minimum a "B-I" Neighborhood Business District. Since the proposed parking area is separated by street right-of-way fi.om the church property., it is considered off-site parking. Access to the subject property will be fi.om McCall Street and Reid Drive, both classified as local streets, through the adjacent parking lot. Neighborhood churches have typically been allowed to provide off-site parking lots through the use ora Special Permit. Approval of a ~'B-I" District would introduce commercial uses that are not consistent with the existing residential area, such as 24-hour convenience stores, self-service car washes, and drive- through restaurants. These types of uses are disruptive to a residential neighborhood due to late hour operations and traffic. A commercial zoning district would not be appropriate. Because of the lack of parking, the church needs the off-site parking. According to the applicant, parishioners were parking across Reid Drive in the H.E.B. tract. Since the redevelopment of the H.E.B. property and installation of a screening fence along Reid Drive, the vehicles are now hidden from viewing from the church which makes the parishioners uncomfortable. The proposed off-site parking lot can be accomplished through a Special Permit that will also provide protection to the surrounding residential area. r The Special Permit can limit the number of driveways, require a screening fence, and additional landscaping. Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements cannot support a "B-I" District. The Southeast Area Development Plan's adopted future land use map recommends the area to develop with residential uses. The requested "B-I" District is not consistent with the Plan's adopted future land use map. Potential Housin~ Density: An "A-I" District permits a density of 21.78 dwelling units per acre or three (3) units on the subject property. The requested "B-I" District permits a density of 36.30 dwelling units per acre or five (5) units on the subject property. As requested, the "B-I" District would increase the residential density that is not consistent with the Southeast Area Development Plan's recommended density. Zonmg Report Case No. 0901-01 IMurray Bass. Jr,) Page ,1 Heio, hwBulk/Setbacks/Etc.: Both. the "A-i" and "B-I" Districts, require a front yard setback oftwenw (20) feet. An "A-i" District requires a side and rear yard setback often (10) feet lbr the t-(rst floor xxith an additional five (5) feet tbr each additional floor. The "B-I" District does not require any side or rear yard setback unless adjacent to a residential district where a setback of ten (10) feet would be required. If the "B-I" District is approved, a building setback often 00) feet will be required from the north and west property lines. Both, the "A-I" and the "B-I" District limit the building height to three (3) stories with the "A-I" District permitting 45 feet in height and 35 feet in the "B-I" District. The change in building height will not adversely impact the area. Simqage: With the subject property containing more than 100 feet of street frontage, the "A-I" District would allow either one wall sign with a sign area of forty (40) square feet or one freestandin= with a sign area of forty (40) square feet. a height often (10) feet and requinn= a setback often (10) feet. The "B-I" District permits unlimited number of wall signs and one freestanding s~gn xxith a sign area of forty (40) square t'eet and a height of twenty (20) feet. Traffic: The traffic generated by the proposed off-site parking lot will be minimal as compared to retail establishment. With the size of the subject property of 7,200 square feet, approximately 24 parking spaces may be realized. A 24-space parking lot would generate 48 daily trip ends which will have minimal adverse impact on the adjoining residential area. Parkin~Screenin~: A retail establishment is required to provide one on-site parking space for each 200 square feet of Foss floor area. A parking lot does not require parking since the use is parking. A standard screening fence is required when a business or industrial use locates adjacent to a residential district. If the requested "B-I" District is approved, development of the subject property will require compliance with the screening fence and Landscape Regulations. With a Special Permit, a screening fence may be required along with the landscaping. Costs to City: All of the infrastructure is in place and further costs are not anticipated. Platting: The subject property contains a platted lot and further replatting is not required. Pros: (Ideas in support of the request.) a) None. Cons: a) (Ideas in support of maintaining the current zoning.) Approval of the ~'B-l" District would permit the encroachment of business zoning into a residential area. Zoning Repo~ Case No. 0901-01(Mu~ay Bass. Jr.I Page 5 b) The requested "B-I" District is not consistent with the adopted Southeast Area Development Plan. c) The proposed off-site parking lot can be granted through the use of a Special Permit. Staff Recommendation: Denial of the "B-I" District. and in lieu thereof, approval of a Special Permit for an off-site parking lot subject to a site plan and the follox, ing conditions: USE: The only use authorized by this Special Permit other than uses permitted by the "A-I" Apartment House District is an off-site parking lot serving the church located to the south on kots I through 4 and 25 through 29, Block 38 Lindale Park Unit 4. Overnight parking and parking of large commercial tracks (18-wheelers) are prohibited. SCREENING: A standard screening fence with a height of not less than six (6) feet must be installed along the north and west property lines. The standard screening fence must be tapered do,wa to a height not to exceed three (3) feet for that part of the fence within ten (10) feet of the McCall Street right-of-way line. The screening fence must be installed within one .,,,ear from the date of this ordinance. LIGHTING: All lighting on the property must be directional lighting and must be directed away from surromrding residential properties. LANDSCAPING: Landscaping must comply' with the Landscape Regulations as if the property xxere zoned a "B- 1" Neighborhood Business District. In addition to the required landscaping by the Landscape Regulations. a canopy tree with a height of not less than six {6) feet must be located every fifty (50) feet on center along the McCall Street frontage. TIME LhMIT: Such Special Permit shall be deemed to have expired within one year of the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Attachments: Zoning and Ownership Map Ownership List H:xPLN.DiRX~EI~.MA/WOP, D\ZONRPTS t~gOt4) IC£'REPOR'F DOC ,/ '-L ' NDALE' PARK LINd-' ,4- B-4 B-4 H.E.B. Sep 20. 2001 - RP ~ Subject property 1 oo 200 50o ~ Ochers within 200 fee~ listed on ott.ched o.erlhip ,i.t CASE ZO901-OI ~ xpplicant: Murray Bass. Jr. 3054 S. Alameda St. 78404 Z0901-0I 447500070010 EUTT H E GROCERY CO PROPERTY TAX DEPT ? O BOX 839999 SAN ANTONIO TX 78283 LINDALE PARK #4 LTI BLK G OWNERSHIP LIST CASE NO. 11901-01 Z0901-OI 447500350020 C~LQUGH DA\ID E ETUX LINDA C CLOUGH 1220 CREEKVIEW ROUND ROCK TX 78681 LINDALE PARK 4 LT 2 BLK 35 3 Z0901-0I 447500350030 PETRY CHRIS P AND BRENDA PETRY WFE 610 HOFFMAN STREET CORPUS CHRISTI TX 78404 LINDALE PARK 4 LT 3 BLK 35 Z0901-01 447500350040 PETERSON LARRY PAUL ,~14 HOFFMAN CORPUS CHRISTI TX 78404 LINDALE PARK4 LT4 BLK 35 5 Z0901-01 447500350050 REED JAMES M ETUX 618 HOFFMAN CORPUS CHRISTI TX 78404 LINDALE PARK 4 LT 5 BLK 35 6 Z090I-01 447500350060 HATHAWAY LAURA A ET UX GE 622 HOFFMAN CORPUS CHRISTI TX 78404 LINDALE PARK 4 LT 6 BLK 35 Z3901-01 447500350070 VAN METRE MILTON E 626 HOFFMAN CORPUS CHRISTI TX 78404 LiNDALE PARK4 LT 7 BLK 35 Z0901-01 447500360010 ST LUKE'S METHODIST CHURC 3151 REID DR CORPUS CHRISTI TX 78404 LINDALE PARK 4 LTI BLK 36 8 Z0901-01 447500360020 ST LUKE'S METHODIST CHURC 3151 REID DR CORPUS CHRISTI TX 78404 LINDALE PARK4 LT2 BLK36 9 Z0901-01 447500360040 MOLINA LYDIA P ET VIR TEOFILO MOLINA JR (DEC'D) 614 MCCALL CORPUS CHRISTI TX 78404 LINDALE PARK4 LT 4 BLK 36 10 Z0901-01 447500360050 DAVIS RICHARD C ET UX 349 WILSHIRE CORPUS CHRISTI TX 78411 LINDALE PARK 4 LT 5 BLK 36 11 Z0901-01 447500360060 RAINEY GLORIA DIANE 622 MCCALL CORPUS CHRISTI TX 78404 LINDALE PARK 4 LT 6 BLK 36 Z0901-01 447500360070 AMARO ELSA FAYE GOMEZ 626 McCALL STREET CORPUS CHRISTI TX 78404 LINDALE PARK4 LT 7 BLK 36 13 Z0901-OI 447500360230 PIERCE JAMES A ET UX 625 HOFFMAN CORPUS CHRISTI TX 78404 L[NDALE PARK 4 LT23 BLK 36 14 Z0901-0I 447500360240 STONE STEPHEN K ET UX RITA 621 HOFFMAN ST CORPUS CHRISTI TX 78404 LINDALE PARK 4 LT 24 BLK 36 15 Z0901-0I 447500360250 CROFOOT. GEORGE WENDELL J 2669 JOE PRUITT RD OXFORD, NC 27565 LINDALE PARK4 LT 25 BLK 36 16 Z0901-0I 447500360260 ALDAPE MELLIE 5110 CAIN CORPUS CHRISTI TX 78411 LINDALE PARK4 LT 26 BLK 36 17 Z0901-01 447500360270 REYES ALBERTO CARRILLO JR CYNTHIA BARRERA REYES WFE 609 HOFFMAN STREET CORPUS CHRISTI TX 78404 LINDALE PARK 4 LT 27 BLK 36 ~nersmp List __se No 0901-01 {MurraT, Bass. Jr.) iS 27901-0l 447500360280 ¢~FUENTES DORA L FKA DORA _iLY ADAME ~ HOFFMAN STREET ,)RPUSCHRISTS TX 78414 _INDALE PARK 4 LT 28 BLK 36 Z5901-01 447500380010 '.IETHODIST CHURCH-ST LUKES J '. 51 REID DR. ZORPUS CHRISTL TX 78404 LINDALE PARK 4 LTS 1 THRU 4 E20' LT 5 & LTS 25 THRU 29 BLK 38 19 Z090t-01 447500360290 HOLBERT WENDE S 601 HOFFMAN CORPUS CHRISTI TX -'~404 LINDALE PAP, K 4 LF 29 BLK 50 22 Z0901-0I 447500380240 BURROUGHS GEORGE THOMAS 7315 SCHILLER HOUSTON TX 77055 LINDALE PARK 4 LT 24 BLK 38 20 Z0901-01 447500370100 GARZA MAGDALE.NA PENA 537 HOFFMAN CORPUS CHRISTI TX 78404 LINDALEPARK4LTIOBLK37 SP Z0901-01 447500360030 ST LUKE'S METHODIST CHURC 3151 REID DR CORPUS CHRISTI TX 78404 LINDALE PARK 4 LT 3 BLK 36 Z'? 901-0 I _EROY SAN MIGUEL '.IAINTENANCE DEPT CORPUS CHRISTI 1.SD. ? O. DRAWER Il0 ZORPU$ CHRISTI. TEXAS 78403 COMMENTS KECEWED FROM NOTICES MAILED Case No. 0901-01 Murray Bass, Jr. · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) I. Notices returned from within the 200-foot notification area: Favor: None. Opposition: None. II. III. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. 1t :\P LN - DIR\ERM A\WO RD\COM M DATA\0901-01COMMENTS.DOC PLANNING COMMISSION MINUTES Murray Bass. Jr.: 0901-01 REQUEST: "A-I' Apartment House District to "B-I" Neighborhood Business District on property described as Lmdale Park Unit 4. Block 36, Lot 3, located on the north side of McCall Street, approximatel5 120 lket west of Reid Drive. Mr. Saldafia presented a computerized slide presentation of the subject property and the surrounding area. The subject property, is part of a 19,46-acre tract of land zoned an "A-i" District. This area is predominantly developed with mu tiple-farmly structures and scattered few single-family residences, two (2) churches and a prwate lodge. To the east, there are 23.54 acres of land zoned a "B-4" District developed with various commercial uses. North and west of the subject property, there are 898.91 acres of land that is zoned a "R- 1B" District and developed with single-family residences. Mr. Saldafua said that the applicant has requested a change of zoning from an "A-i" Apartment House District to a "B-I' Neighborhood Business District in order to provide an off-site parking lot for the church located across McCall Street to the south. This parking lot will be an expansion of the parking lot adjacent to the east which ~',as granted a Special perrmt in August 2000, on Lots 1 and 2 with two (2) years to ~mplement the parking_ lot The applicant plans to remove the existing single-family residence. A stand- alone parkinca_ lot or off-Site parkinz_ requires at a m~mmum a "B-1" Neighborhood Business District. Since the proposed parkin~ area is separated bv street right-of-way from the church properW it is considered off- site parking. Access to the subject property, will be from McCall Street and Reid Drive, both classified as local streets, through the adjacent parking lot. Neighborhood churches have typically been allowed to provide off-site parking lots through the use ora Special perrmt. Approval of a "B-I' District would introduce commercial uses that are not consistent with the existing residential area, such as 24-hour convenience stores, self-service car washes, and drive-through restaurants. These types of uses are disruptive to a residential neighborhood due to late hour operations and traffic. A commercial zoning district would not be appropriate. Because of the tack of parking, the church needs the off-site parking. According to the applicant, parishioners were parking across Reid Drive in the H.E.B. tract. Since the redevelopment of the H.E.B. property and installation of a screening fence along Reid Drive, the vehicles are now hidden from viewing from the church which makes the parishioners uncomfortable. The proposed off-site parking lot can be accomplished throu,ah~ a Special Perrmt that wall also provide protection to the surrounding ~es~dential area, The Special Pertmt can limit the number of driveways, require a screening fence, and additional landscaping. Mr. Saldafia said that the Southeast Area Development Plan's adopted future land use map recomrnends the area to develop with residential uses. The requested "B-I" District ts not consistent with the Plan's adopted future land use map. Therefore Staff recommends denial of the "B-I' District. and in lieu thereof, approval of a Special perrmt fur an off-site parking lot subject to a site plan and the following conditions: 1. USE: The only use authorized by this Special Permit other than uses permitted by the "A-I" Apartment House District is an off-site parking lot serving the church located to the south on Lots I through 4 and 25 through 29. Block 38 Lindale Park Unit 4. Overnight parking and parking of large commercial trucks (18-wheelers) are prohibited. SCREENING: A standard screenmu fence xMth a height of not less than six (6) feet must be installed alomz the north and x~est property lines. The standard screening fence must be tapered down to a height not to exceed three (3) feet for that part of the fence within ten (10) feet of the McCa Street right-of-way line. The screening fence must be installed within one year from the date of this ordinance 3. LIGHTING: All lighting on the property must be directional lighting and must be directed away from surrounding residential propemes. Planning Comn'ussion Minutes Case No. 0901-01 (Murray Bass, Jr.) Page 2 LANDSCAPING: Landscaping must comply with the Landscape Regulations as if the property were zoned a "B-I" Neighborhood Business District. In addition to the required landscaping by the Landscape Regulations, a canopy tree with a height of not less than six (6) feet must be located every fifty (50) feet on center along the McCall Street frontage. TIME LIMIT: Such Special Perrmt shall be deemed to have expired within one year of the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Mr. Saldafia said that there were 24 notices mailed to property owners within a 200-foot radius of which none were received in favor or opposition. Chairman Berlanga opened the public hearing. Richard Davis, 349 Wilshire, said that he would not be opposed to a Special Permit and added that he did not believe a "B-I" District was appropriate for the area. Chairman Berlanga asked if there xxere other lots the church was considering for rezoning. Murray Bass, applicant's representauve, said that the church was considering other lots that were contiguous to the church and not across the street as the subject property. commissioner Sween-McGloin expressed concern with handicapped parking being identified on a public street. Mr. Gunning said that the church could not use on-street parking to meet the handicapped parking requirement. Motion by Salazar, seconded by Mims, to forward a recommendation of denial of the "B-I" District. and in lieu thereof, approval of a Special Permit for an off-site parking lot subject to a site plan and the five (5) conditions as stipulated in the zoning report. comrmssioner Pusley expressed concern with a domino affect of parking lots along the block and referenced the Planning Commission's denial of a previous zoning case in which the comrmssion recommended denial tbr a parking lot behind a residential home. Motion passed with Zamora being absent. Page I of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MURRAY BASS, JR., BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 3, BLOCK 36, LINDALE PARK UNIT 4, (CURRENTLY ZONED "A-I" APARTMENT HOUSE DISTRICT) BY GRANTING A SPECIAL PERMIT FOR AN OFF-SITE PARKING LOT SUBJECT TO A SITE PLAN AND FIVE (5) 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 conceming the application of Murray Bass, Jr., for amendment to the of the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 26, 2001, during a meeting of the Planning Commission. and on Tuesday, October 23, 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 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 Christi, Texas, is amended by granting a Special Permit for an off-site parking lot on Lot 3, Bloc? 36, Lindale Park Unit 4 (currently zoned "A-I" Apartment House District), located on the north side of McCall Street, approximately 120 feet west of Reid Drive. SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to a site plan, attached as Exhibit A, and the following five (5) conditions: 1. USE: The only use authorized by this Special Permit other than those uses permitted by the "A-1" .Apartment House District is an off-site parking lot serving the church located to the south on Lots 1 through 4 and 25 through 29, Block 38~7.,: · Lindale Park Unit 4. Overnight parking and parking of large commercial trucks (18-wheelers) are prohibited. FI H:\LEG-DIR\DOYLEDCURTIS~YDOCS~00 I\P&ZORD01~ZONING.ORD\DOYLEC~2001~Z090101A'DOC Page 2 of 4 2. SCREENING: ^ standard screening fence with a height of not less than six (6) feet must be installed along the north and west property lines. The standard screening fence must be tapered down to a height not to exceed three (3) feet for that part of the fence within ten (10) feet of the McCall Street right-of-way line. The screening fence must be installed within one year from the date of this ordinance. 3. LIGHTING: All lighting on the property must be directional lighting and must be directed away from surrounding residential properties. 4, LANDSCAPING: Landscaping must comply with the Landscape Regulations as if the property were zoned a "B-1" Neighborhood Business District. In addition to the required landscaping by the Landscape Regulations, a canopy tree with a height of not less than six (6) feet must be located every fifty (50) feet on center along the McCall Street frontage. 5. 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 Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section I 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 Chdsti as required by the City Charter of the City of Corpus Christi. H:\LEG~D~R\D~YLED~URT~S~V~YD~S~2~1\P&Z~RD~1~z~N~NG~RD\D~YLEC~2~1~z~9~1~1A~D~C Page 3 of 4 SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council (l) finds and dec/ares 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 23rd day of October, 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 October 12, 2001 James R. Bray, Jr. Doyle D./~-a"rtis -- Senior A~sistant Ci~ A~orney H:\LEG-DIR\DOYLEDCURTIS~MYDOCS~O01\P&ZORDOI~ZONING.ORD\DOYLEC~0OI~Z090101A'DOC Page I of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICA~ON BY MURRAY BASS, JR., BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 3, BLOCK 36, LINDALE PARK UNIT 4, FROM "A-I" APARTMENT HOUSE 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 conceming the application of Murray Bass Jr., for amendment to the of the City of Corpus Chdsti Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 26, 2001, during a meeting of the Planning Commission, and on Tuesday, October 23, 2001, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which ail 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 Christi, Texas, is amended by changing the zoning of Lot 3, Block 36, Lindale Park Unit 4, located on the north side of McCall Street, approximately 120 feet west of Reid Drive, from "A-I" Apartment House 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. \~LEGAL\LAV~LEG- I~ DIR\DOYLEDCURTIS\MYDOCS~2001\P&ZORD0 I~.ONING.ORD\DOYLEC~.001~-090101 B.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 Chdsti. 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 23rd day of October, 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 October 12, 2001 James R. Bray, Jr. City ney boyle D.(~urtis -- Senior Assistant City Attorney \~EGAL\LA~N~LEG- 19 DIR\DOYLEDCURTIS~IYDOCS~2001 \P&ZORDOI~ZONING.ORD\DOYLEC~20OI~Z090101B.DOC ~ CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: (Caption/Title of Presentation as it should appear on the agenda) Presentation by the South Texas Institute for the Arts Facility Expansion Project STAFF PRESENTER(S): Name 1. None Title/Position Department OUTSIDE PRESENTER(S): Name 1. William (Bill) G. Otton 2. John R. Dykenm, III ISSUE: TiflelPosition Or;lanization Director, South Texas Institute for the Arts Project Architect, Bright & Dykema Architects Update regarding the design phase of the facility expansion project for the South Texas Institute for the Arts including project timeline and funding status. REQUIRED COUNCIL ACTION: No action is required by the City Council at this time. (Presentation for informational purposes.) Deputy City Manager Additional Background [] Exhibits [] 15 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Strategy for Improved Animal Euthanasia/Control Practices October 17, 2001 CITY STAFF PRESENTER(S): Name Title Dr. Nina Sisley Director of Public Health Mark L. McDaniel Director of Management & Budget ISSUE: As a result of citizen concerns, as well as the City's ongoing evaluation of operating practices, changes in euthanasia and animal control procedures are being recommended. BACKGROUND: Most cities throughout the country struggle with an unwanted animal population problem. The City of Corpus Christi has among the worst unwanted animal population problems per capita, which requires the euthanization of approximately 15,000 animals/year (including wild animals such as opossum). Little effort is made to inform the public of this problem, or adopt animals out, because all limited resources are dedicated to simply collecting and euthanizing this enormous unwanted animal population. The City's current euthanization practice primarily includes the use of carbon monoxide gas, which is viewed by some as unacceptable because it is impersonal and does not work effectively on the youngest of animals with undeveloped lungs, or animals with compromised respiratory systems. Currently, the City uses lethal injection for puppies and kittens under approximately three weeks old, severely injured animals, or ill animals immediately upon collection in the field (rather than subject these animals to further suffering in the transport back to the Center). Both the use of carbon monoxide gas and lethal injection are authorized according to State law, and are routinely used by cities across the state as humane and acceptable practices. (Please see attached survey and JAVMA article.) Lethal injection is more costly in terms of both the supplies used and personnel needed to administer this method. RECOMMENDATION: Rather than only continue to treat the symptom (which is an overwhelming unwanted animal population), Staff recommends a more proactive approach as well. Staff intends to increase animal control public relations/education efforts by hiring a full time Education Specialist effective January 1, 2002 (or soon thereafter). This position, reporting to Dr. Sisley, would be responsible for improving animal adoption efforts, developing community partnerships for Iow cost spay/neuter programs, and applying for grant funding to further control the City's unwanted animal population. In addition, it is recommended that the City adhere to suggested euthanization guidelines promulgated by the American Veterinary Association (AVA). These guidelines promote the use of lethal injection rather than carbon monoxide gas for cats and dogs under four months of age (as determined by the presence of adult canine teeth at least half extended). While the difference in lung development between a three week versus four month old dog/cat is more one of perception, adoption of the AVA standard would be more consistent with industry practices. The first year costs to implement these enhancements (approximately $25,000 for seven months) as outlined in the attached slide presentation would be covered by current year Health Dept. salary savings. It would be the intention of Staff to seek grant funding in future years to help offset this additional cost. REQUIRED COUNCIL ACTION: Staff is only requesting general consensus to proceed with this plan of action beginning January 1, 2002. Director of Public Health Director of Management & Budget Copy of Texas Cities Survey on euthanasia policy X Copy of Presentation X AVMA Article X Animal Impoundment Statistics X EUTHANASIA METHODS - VARIOUS TEXAS CITIES I CARBON MONOXIDE I C TIES I Arlington X Austin X INJECTION COMMENTS Exclusive use of injection method Dallas X Garland X No pressurized chamber Houston X Irving X No pressurized chamber Lubbock X Use CO in certain situations-(feral cats) Piano X Occasionally use CO on large animals San Antonio X Texas A&M Veterinary School - Dr. Phil Hobson states that injection is perferred method but Carbon Monoxide is humane if done properly. Strategy for Improved Animal Euthan�sia�Control Practices Current, 'ro;gjram Primarily Use, Carbon Monoxide Gas Euthanize 15,)' 1,000 Ani mals/Yr., Use Lethal Inj',ection for: Anumals, Under Approximately Three Weeks of Age II /I[ f d Anima !s, NO) Sig) 1,l"Ileant Pubb _ �ducai � . Pffow Pro rare � _ I mprovements (Effective 1/1/02. S'ro�a !ems, TUs,e of Lei rail Inecto-n t©� Incl'ude. AWMAIS Url_derr Folur 1M©,ntf sJ o f' Age Hirea'u.{lilic'-catom. S' ;,ecals�t to: Program Improvements (Continued) (Effective 1/,1/02) Increase Awareness of Unwanted Animal Population Problem Promote Spay/Neuter and Adoption Thru: Building Community Partnerships/Network of Support /1Yw-fc4,sir.1g Public- RV14.fipns, Efforts /Applying fpr Cost to Implement Enhancements Costs: Broaden Use of Lethal Injection: Public Education Program: ($,19,,775 - Educator, $1,225- mileage $2,,000 -Education Material ) Total $ 2,000 $ 23,000 $ 25,000 Funding: Use of,A.nnual Salary Savings from position vacancies in other City departments Quesitions)& Comments 2OOO Report of the AVMA Panel on Euthanasia ~f"~arbon monoxid~e k'-----C-m'~ro'fi'n mot'r0~6~c (CO) is a colorless, odorless gas that is nonflammable and nonexplosive unless concen- trations exceed 10%. It combines with hemoglobin to form carboxybernoglobin aad' blocks uptake of O2 b7 erythrocytes, leading to fatai h,vpoxcmia. In the past, mass euthanasia has been accom- plished by use of 3 methods for generating CO: (1) chemical interaction of sodium £onnate and sulfuric acid, (2) exhaust fumes from idling gasoline internal combustion engines, and (3) commercially compressed CO in cylinders. The first 2 techniques are associated with problems such a~ production of other gases, achieving inadequate concentrations of carbon monox- ide, inadequate cooling of the gas, and maintenance of equipment. Therefore, the only acceptable source Js compressed CO in cylinders. In a study by Ramsey and Eilmanu.~ 8% CO caused guinea pigs to collapse in 40 seconds to 2 rain- roes. and death occurred within ~5 minutes. Carbon monoxide has been used to euthanattze mink""'"' and chinchillas. These animals collapsed in i minute. breathing ceased in 2 mmutes, and the heart stopped beating in 5 to 7 minutes. 675 Re!oort of t~e AVMA Panet on Eut~anama JAVMA VOl218, No 5. Match 1, 2001 CORPUS CHRISTI--NUECES COUNTY PUBLIC HEALTH DISTRICT 1702 Home Road (78416~1~ O Box 9727 (78469-9727) Corpus Christi. Texas 361 851-7200 Fax: 361 851-7295 ANIMAL CONTROL DIVISION I I 1 I N Navigation Colpus Christi. [texas 784I)7 (361) 882-6082 Fax. (3611882-6728 ANIMALS IMPOUNDED AND DISPOSITION OF THOSE ANIMALS FY 1999-2000 Dogs Cats Other Total FY 2000-01 Dogs Cats Other Total FY 2000 vs 2001 Two years combined Dogs Cats Other Total Impounded Redeemed Adopted Transferred/Released 7,616 901 371 61 4,951 36 155 16 5,761 73 (adopted and redeemed) 602 18,328 1,010 526 679 6,670 682 277 4,796 22 54 5,985 76 (adopted and redeemed) 17,451 780 331 (-4,8%) (-22.8%) (-37. I%) 14,286 1.583 648 9,747 58 204 11,746 149(adopted and redeemed) 35,779 1.790 852 43 2 524 569 (-16.2%) 104 18 1,126 1,248 Animals Euthanized FY 1999-2000 FY 2000-01 Total tbr two years City County Total 14,694 1,041 15,735 14,541 1,242 15,783 29.235 2,283 31,518 In a study evaluating the physiologic and behav- ioral characteristics of dogs exposed to 6% CO in air, Chalifoux and DalLaire°' could not determine the pre- cise time of loss of consciousness. Electroenceph- alographic recordings revealed 20 to 25 seconds of abnormal cortical [unction prior to loss o[ conscious- ness. It was during this period that the dogs became agitated and vocalized. It is not known whether ani- mals experience distress; however, humans in this phase reportedly are not distressedP' Subsequent stud- equipment exposed to CO (eg, lights and fans) tuna be inn proof. ~mrne~arbon monoxide used for individual animal or mass euthanasia is acceptable fur dogs, cats, and other small mammals, provided that commercially compressed CO is used ant[ the following precautions are taken: (1) personnel using CO must be instructed thoroughly in its use and must understand its hazards and limitations; (2) the les have revealed that tranquilization with acepro- CO chamber must be of the highest quality con- mazine significantly decreases behavioral and phvsio- struction and should allow for separation of in&vid- logic responses o[ dogs euthanati:cd v, ith CO[ ' .......... ua an ma ~: (3) the CO source and chamber must be In a comparative study, CO from gasoline engine exhaust and 70% CO2 plus 30% O, were used to eutha- natize cats. Euthanasia was divided into 3 phases. Phase I was the time from initial contact to onset of clinical signs (eg, yawning, staggering, or trembling). Phase II extended from the end of phase I until recum- bency, and phase II1 from the end of phase II until deneba' The study revealed that signs of agitation be[ore loss of consciousness were greatest with CO, plus Oa. Convulsions occurred during phases II and I1~ with both methods. However, when the euthanasia chamber was prefilled with CO (ie, exhaust fumes), convulsions did not occur in phase lll. Time to com- plete irranobilisation was greater wkh CO2 plus 02 (approximately 90 seconds) than with CO alone (approximately 56 seconds).'* In neonatal p~gs, excita- tion was more likely to precede loss of consciousness if the pigs were exposed to a rapid rise in CO concentra- tion. This agitation was reduced at lower flow rates, or when CO was combined with nitrogen.'" In people, the most common symptoms of early CO toxicnsis are headache, dizziness, and weakness. As concentrations of carboxyhemoglobin increase, thus~ signs may be followed by decreased visual acuity, tmmms, nausea, progressive depression, confusion, and collapse.'~ Because CO stnnulates motor centers in the brain, loss of consciousness may be accompanied by convulsions and muscular spasms. Carbon monoxide is a cumulative poison.~' Distinct signs of CO toxicosis are not evident until the CO concentration is 0.05% ~n am and acute st.~zns do not develop until the CO concentration is al~proxi- matety 0.2% in air. In humans, exposure to 0.32% CO and 0.'~5% CO for one hour w/Il induce loss of con- ~ciousness and death, respectively'~'' Carbon monoxide is extremely hazardous for personnel because it is highly toxic and difficult to detect. Chronic exposure to low concentrations of carbon monoxide may be a health hazard, especially with regard to cardiovascular disease and teratogenic effects?''~u~ An efficient exhaust or ventilatory system is essen0al to prevent ~u~re 0.[ humal~. ~ Q",",,,~,il.~'.d) Carbon monoxide induc~ loss of consciousness without pain and with minimal discernible discomfort. (2) Hypoxemia induced by CO is insidious, so that the animal appears to be unaware (3) Death occurs rapidly if concentrauons of 4 to 6% are used. Disadvantages--(1) Safeguards must be taken to prevent exposure of personnel. (2) Any electrical located in a wall-ventilated environment, preferably one of doors; (4) the chamber must be well lit have view ports that allow personnel direct observa- tion of animals; (5) the CO flow rate should be ade- quate to rapidly achieve a uniform CO concentra- tion of at' least 6% after animals are placed in the chamber, although some species (eg, neonatal pigs) are less likely to become agitated with a gradual rise in CO concentration;~ and (6) il the chamber is inside a roont, CO monitors must be placed in the room to warn personnel o[ hazardous concentra- tions. It ts essential that CO use be in compliance with state and federal occupational health and safe- ty regulations. JAVMA, Vol 218, NO. 5, March 1. 2001 Report of the AVMA Pane~ on Eumanas~a 679 16 AGENDA MEMORANDUM October 1, 2001 SUBJECT: HEB Tennis Center - Agreement with Corpus Christi Tennis Association (Project No. 3181 ) AGENDA ITEM: a. Ordinance appropriating $8,000 from HEB Trust Fund interest eamings for the HEB Tennis Center Trust for the HEB Tennis Center Expansion, Mildred and Lloyd Sessions Tennis Pavilion; amending the FY 01-02 Budget, adopted by Ordinance No. 024528, to increase appropriations by $8,000 in the Trust Fund-No. 6010; and declaring an emergency. Motion authorizing the City Manager, or his designee, to execute a Project Management Agreement with the Corpus Christi Tennis Association, Inc. for the HEB Tennis Center Expansion (Mildred and Lloyd Sessions Tennis Pavilion) and authorizing a transfer of $340,000 from the HEB Tennis Center Trust Fund and $246,138.50 from the No. 3288 Park Capital Project Fund (2000 Bond Fund); subject to ratification of the agreement by the Corpus Christi Tennis Association Board of Directors. ISSUE: A new agreement is necessary to authorize the Corpus Chdsti Tennis Association to proceed the expansion of the HEB Tennis Center and authorize the use of additional City funds. FUNDING: Funds are available from the HEB Tennis Trust Fund and the Park Capital Project Fund (2000 Bond). RECOMMENDATION: Approval of the motion as presented. Tony Cisneros Director of Park and Recreation ¢.~)._.~ngel R. Escobar, P. E. Director of Engineering Services Exhibit A - Additional Information Exhibit B - Contract Summary Exhibit C - Project Budget Exhibit D - Bid Tabulation H:\HOME\KEVINS\GEN\PARKS\HEBCENTE\^CCTAAGR.M ADDITIONAL INFORMATION BACKGROUND: The Corpus Chdsti Tennis Association developed a proposal to expand the HEB Tennis Center. This resulted in the City entering a project management agreement in February 1997 with the Association. That agreement provided for the: · authorization of the use of up to $450,000 of HEB Tennis Center Trust Funds; and · authorized the transfer of $250,000 to the Tennis Association. The Tennis Association retained an architect for the project and proceeded with additional fund raising efforts. The project was bid in February of 2000, but bids exceeded available funding. Bids were rejected so the project was redesigned to reflect the available funds. PRIOR COUNCIL ACTIONS: 1. February 25, 1997 - Motion authorizing a Project Management Agreement in the amount of $450,000 with the Corpus Christi Tennis Association for the HEB Tennis Center Pavilion and Tennis Courts Construction Project; and authorizing a $250,000 transfer from the HEB Tennis Center Trust Fund (M97-047). July 24, 2001 - Ordinance adopting the City of Corpus Christi Budget for the ensuing fiscal year beginning August 1, 2001 and appropriating funds as set forth (Ord. No. 024528). PROJECT DESCRIPTION: The current project will provide for the construction of three tennis courts, a covered pavilion, ADA access, locker rooms, restrooms, lighting, electrical and mechanical systems. BIDS: The Association advertised the project and publicly opened bids pursuant to Local Government Code requirements. The City has received photocopies of the publisher's affidavits, classified advertisement, bid tabulation, and project budget. The project was bid as a base bid with four additive altemates. Seven bids were received and publicly opened on August 15, 2001. Base bids ranged between $1,079,000 and $1,672,200. The project architect is recommending the award of the base bid and additive alternates 1 and 2 based on funding availability. Bids for the recommended award (Base Bid & Add. Alt. No. 1 & 2) ranged between $1,192,500 and $1,826,700. Barcom Commercial, Inc. of Corpus Christi had the Iow bid for the recommended award of the Base Bid with Additive Alternates 1 and 2. The Association will make the contract award based on the approval of the Management Contract by Council. FUNDING: The Tennis Association has $759,800 available for the project. The Management Agreement will make $586,138.50 available ($340,000 Trust & $246,138.50 Bond Proceeds). See Project Budget (Exhibit C). Exhibit A Page 1 of 1 CONTRACT SUMMARY PROJECT MANAGEMENT AGREEMENT The City and the C.C.T.A. are entering into this Agreement to utilize Bond 2000 Project funds and donated funds for the purpose of renovating and improving the City's H.E.B. Tennis Center ("Project") as a public works project. The estimated value of the renovation, at completion, is $1,192,500.00. City shall provide up to $246,138.50 of Bond 2000 Project funds toward the Project. City shall also provide the C.C.T.A. with up to $340,000 of trust funds from the fund designated as the H.E.B. Tennis Center Trust Fund. The remainder of the funds shall be provided solely by the C.C.T.A. The C.C.T.A. will act, under supervision of the City, as project manager for the Project and the City will provide its available funds to pay for a pro rata share of the Project. Term. This Agreement is effective upon authorization by the City Council of the City of Corpus Chdsti ("City Council"), that date being ,2001, and will continue in force for one year from the effective date or until completion of the Project, whichever date occurs first. Previous A_~reement. By mutual consent of the parties, the execution of this Agreement effectively terminates the previous agreement between the City and the C.C.T.A. that was executed on February 25, 1997, and passed by Council motion No. M97-047. Fundim3 Commitment. The City shall provide up to $246,138.50 of public funds from the No. 3288 Park and Recreation Capital Improvement Fund for the Project. The City shall also provide up to $340,000 of trust funds from the No. 6010 Trust Fund, Organization #21357, de-signated as the H.E.B, Tennis Center Trust Fund, for the Project. Scope of Proiect. The renovations and improvements to the H.E.B. Tennis Center shall include the demolition of three existing tennis courts and the installation of three new courts, installation of three new covered tennis courts, court Fighting, bleachers, pavement, ADA access, fencing, windscreens, restrooms, and locker rooms in addition to installation of necessary mechanical and electrical systems. Professional Services. The C.C.T.A. will execute and assume all responsibility for professional services contracts for the Project design and Project management. The Director of Engineering Services ("City Engineer"), or his designee, shall assist C.C.T.A. in reviewing professional services contracts for the Project. Construction Plans and Specifications. The C.C.T.A. will have prepared all plans and specifications for the Project by a duly licensed architect ("Project Architect"). The City Engineer shall review all construction plans and specifications submitted by the Project Architect. The City Engineer shall retain sole discretion to approve or disapprove all construction-related plans and specifications submitted by the Project Architect. Comoliance with Bidding Laws. The C.C.T.A. shall ensure that all construction contracts for the Project comply with the Texas competitve bidding laws, Chapter 252 of the Local Government Code ("Local Government Code"), which apply to the City. AdvertisinalComDetitive Bidding Reauirement. A. All construction contracts, bids, proposals, assurances, construction bonds, etc., related to Exhibit B Page 1 of 3 Project, shall be advertised in compliance with the Local Government Code. B. The C.C.T.A. shall follow standard City purchase order and draw procedures for construction contracts, subject to advertisement and bidding. Bids and Pror)osals: Procedure. A. The C.C.T.A. will receive and open all bids in compliance with state law and the Charter of the City of Corpus Christi. The City Engineer will review the construction bids with the C.C.T.A.'s designated representative ("Representative"); however, the City Engineer shall unilaterally determine whether the apparent Iow bidder is responsible with regard to providing the Project service. The City Engineer will recommend award of the construction contract(s) ("Contract" or "Contracts") to the lowest responsible bidder(s) by the City Council. B. The C.C.T.A. and City Engineer will only review a bid, proposal, or service contract that is in compliance with the terms of this Agreement. C. The C.C.T.A. shall require payment and performance bonds, with the City as a named obligee, for all Project-related construction contracts in excess of $25,000 that are awarded. Construction: On-site Insoection. A. The C.C.T.A. and the City Engineer will jointly oversee all Project construction. B. The C.C.T.A. and the City Engineer will review all construction invoices/draws and will determine whether the work has been satisfactorily completed. The C.C.T.A., through its Project Architect, will prepare monthly progress reports, outlining the status of the Project, by the tenth (10th) day of each month for the preceding calendar month and deliver a copy to the City Engineer. C. All change orders recommended by Project Architect shall be approved jointly by the C.C.T.A. and the City Engineer. All change orders shall be subject to the requirements of Chapter 252 of the Local Government Code and City policies. Construction Payment. A. Each construction draw submitted by the C.C.T.A. to the City Engineer shall be accompanied by a certification from the Project Architect that the work, for which an invoice is submitted, has been satisfactorily completed. B. Upon receipt of certification, the City's assigned Project construction inspector ("City Inspector") shall verify that the work has been completed in compliance with the Project's approved plans and specifications. Upon verification, the City Engineer shall submit construction draws to the City's Finance Department for payment. C. The Finance Department shall issue payment on submitted construction draws in the following manner: (i) the City shall remit 5/12ths (five/twelfths) of the total amount shown on the draw, the amount of the draw representing the total of construction work performed for which a draw is submitted; (ii) the amount paid by City shall consist of equal amounts drawn from the No. 3288 Park and Exhibit B Page 2 of 3 Recreation Capital improvement Fund and from the No. 6010 Trust Fund, Organization #21357, designated as the H.E.B. Tennis Center Trust Fund, each proportionate share to represent 2.5/12ths (two and one-half/twelfths) of the total amount shown on the draw; and, (iii) each draw check shall be made payable jointly to the C.C.T.A. and to the contractor whose name appears on the draw as the person or entity having performed the verified construction work on the Project. D. The C.C.T.A. agrees and covenants to be solely responsible for remittance to the responsible contractor associated with the draw of the remaining 7/12tbs (seven/twelfths) proportionate share due for work performed at, for, or on behalf of Project. E. A Notice of Final Inspection of the Project shall be submitted by the C.C.T.A. concurrent with the submission of the final draw. The notice shall inform the City Engineer of the date that the Project should be completed so that a final inspection can be performed prior to the City's acceptance of the Project pursuant to Section 14 of this Agreement. F. When the No. 3288 Park and Recreation Capital Improvement Fund has been depleted by $246,138.50, representing the Bond 2000 proceeds, and the No. 6010 Trust Fund, Organization #21357, designated as the H.E.B. Tennis Center Trust Fund, has been depleted by $340,000, due to City's payment of 5/12ths of the amount of each requested draw, City shall have no further financial obligation to make payment to any contractor for construction work performed at, for, or on behalf of Project. G. The C.C.T.A. understands and acknowledges that payment for all change orders shall be the sole responsibility of the C.C.T.A. Final Insnection and Acceotance. A. The City Engineer shall make a final inspection of all work performed at or on Project as soon as practicable after the work is completed and ready for acceptance. If the work is not acceptable to the City Engineer at the time of the inspection, he will inform C.C.T.A. and the contractor associated with that work as to the particular defects to be remedied before final acceptance can be made. B. Previous on-site inspections by the City Engineer or his representatives, during the course of the work, shall not be interpreted as approval or acceptance of work or materials which, on final inspection, are found to be defective or not in accordance with the Contracts and their duly authorized modifications, pursuant to Section 19 of this Agreement. C. Upon final inspection and completion of the Project, the C.C.T.A. shall present Project to City for acceptance, ownership, and operation. City shall, upon acceptance, be responsible for maintenance, operation, and programming of Project, subject to contractor warranties. Exhibit B Page 3 of 3 CORPUS CHRISTI TENNIS ASSOCIATION BUDGET FOR MODERNIZATION OF HEB TENNIS CENTER MILDRED AND LLOYD SESSIONS PAVlLLION RESOURCES AVAILABLE Funds Held by City of Corpus Chdsti Bond Proceeds HEB Trust Funds Funds Held by CCTA Cash on Hand Less Committed to Resurfacing Contract Pledges Outstanding Blanche Moore Foundation Robert B. Rowling Valero Refining - Texas Total Resources Available Resources to be Committed Construction Contract Architect's and Engineer's Fees Surfacing, Nets, Wind Screens, Etc. Total Resources Committed Resources Available for Contingencies, Change Orders and/or Additional Tennis Center Upgrades 246,138.50 340.000.00 586,138.50 545,400.00 (18.100.00) 527,300.00 125,000.00 100,000.00 7.500.00 232,500.00 586,138.50 527,300.00 232,500.00 1,345,938.50 1,192,500.00 80,000.00 15,000.00 1,287,500.00 58,438.50 Exhibit ~' Page 1 of 1 H.E.B. Tennis Center Expansion - Mildred and Lloyd Sessions Tennis Pavilion Tabulation of Bich Received, 2:00 p.m., Aug.,15, 2001 H.E.B. Tennis Center 1520 $hely St. Corpus Christi, Tx. 78404 Contractor Bid Bond Addenda Beed Base Old Alternate 11 Alternate e2 Alternate i3 Alternate t/4 a o1 Days Bhecom Commercial, Inc. Yes 1.2 $1,108,000.00 $79,000.00 } 55,500.00 $60,000.00 $176,700.00 210 Maltby Bttilders, Inc. Yes 1.2 $1,160,765.00 $681000.00 $67,700.00 $51,400.00 $125,915.00 240 MCC Construction Corp. Yea 1.2 $1,079,594.00 $65,319.00 $29,150.00 $20,040.00 $64,123.OD Mehne Construction, trhc. Yes 1.2 $1,139,000.00 $69,500.00 $72.000.00 $94,1100.01) 240 ressive Structures, Inc. Yes 1-2 1.672,200.00 550000.00 $SZOD0.00 $53,227.00 $45,000.00 377 Southern Contracting, Inc. Yes 1.2 $1,079,000.00 575,900.00 $76,600.00 5102,700.00 $26,000.00 189 WinshipConstruction, Inc. Yes 1-2 $1,120.270.00 S67,101.00 554.000.00 $56,000.00 1 SS0,000.00 270 Bid Alternate 81 - Interior linishout of Men's Toilet Room 101, Mechanical Room 102 and Women's Toilet Room 103. Bid Alternate 82 - Potassium chernical injection sol stabl7ation. Bid Alternate 83 - Soil undercutting and replacement operations in leu of water injection soil stabilization. Bid Alternate 84 - Post tension concrete tennis courts. Richter Architects 201 Sash Upper Broadway Corpus Christi, Tx. 78401 AN ORDINANCE APPROPRIATING $8,000 FROM HEB TRUST FUND INTEREST EARNINGS FOR THE HEB TENNIS CENTER TRUST FOR THE HEB TENNIS CENTER EXPANSION, MILDRED AND LLOYD SESSIONS TENNIS PAVILION; AMENDING THE FY 2001-2002 BUDGET, ADOPTED BY ORDINANCE NO. 024528, BY ADDING $8,000 TO TRUST FUND NO. 6010; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That $8,000 is appropriated from the HEB Trust Fund interest earnings for the HEB Tennis Center Trust for the HEB Tennis Center Expansion, Mildred and Lloyd Sessions Tennis Pavilion. SECTION 2. That Ordinance No. 024528. which adopted the FY 2001-2002 budget, is amended by adding $8,000 to Trust Fund No. 6010. 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 LEGAL FORM APPROVED t3 Samuel L. Neal, Jr. Mayor ,2001: JAMES R. BRAY, JR.. CITY ATTORNEY By: Lisa Aguilar ~'~ Assistant City Attorney H: LEG-DIR LISA ORD3'ORD3 427 l? ORDINANCESTATUS AGENDA ITEM: Ordinance - Providing for continuation of Ad Valorem taxation of leased motor vehicles as authorized by Senate Bill 248. FIRST READING: September 25, 2001 Passed: 9-0 (Unanimous vote) FINAL READING: October 23, 2001 COMMENTS: Second reading tabled from the October 9, 2001 City Council Meeting CITY COUNCIL AGENDA MEMORANDUM October 15, 200'1 AGENDA ITEM: Ordinance providing for continuation of ad valorem taxation of leased motor vehicles; and providing for severability. ISSUE: The Seventy-Seventh Texas Legislature approved Senate Bill 248 which exempts leased motor vehicles from property taxation if they are used primarily for non- income producing purposes. SB 248 also provides cities an "opt-out" from the exemption. Staff is recommending that the City of Corpus Christi exercise the option in an effort minimize reductions to General Fund revenue. BACKGROUND: Current law categorizes leased motor vehicles as taxable personal property. In 1999, voters approved a constitutional amendment that authorized the Legislature to exempt leased motor vehicles from taxation if they are used for personal use and not income production. No enacting legislation was passed in 1999 so leased vehicles remained taxable until SB 248 enacted the constitutional amendment. A city can continue to tax the vehicles if it adopts an ordinance to that effect before January 1,2002. No public hearing or election is required. The bill also provides that the new Tax Code Section 11.252 expires December 31, 2003 if not continued in effect by the Legislature. According to information provided by the Nueces County Appraisal District, Staff estimates that the City could lose $245,000 in property tax revenue ($38,000,000 in assessed value). Loss of revenue would occur on leases entered into after January 2, 2001 as the act is effective January 1,2002. FUTURE COUNCIL ACTION: No further action is anticipated after the Ordinance is considered on its Second Reading. RECOMMENDATION: Approval of Ordinance as submitted ~ark L. McE~aniei Director of Management and Budget Ordinance X Impact Analysis X FISCAL IMPACT ANALYSIS LEASE VEHICLE EXEMPTION (a) (b) (c) (d) (a)'(d) City Ad Estimated Estimated value Estimated number ValoremTax Rate Value Lost per vehicle " of vehicles (per $100) Estimated Revenue Lost $ 38,000,000 $ 20,000 1,900 0.644175 $ 244,787 Scenario 1 - One-year Phase In (a) (b) (c) (d) (a)/(d) Additional Sales Average annual Annual Sales Tax No. of additonal leased Estimated Taxable Value value of lease generated for vehicles required to recover Revenue Lost needed ($450/mo.) each avg. lease lost revenue $ 244,787 $ 24,478,650 $ 5,400 $ 54 4,533 Scenario 2 - Three-year Phase In (a) (b) (c) (d) (a)/(d) Estimated Additional Sales Average annual Annual Sales Tax No. of additonal leased Revenue Lost/ Taxable Value value of lease generated for vehicles/year required to Year Needed / Year ($450/mo.) each avg. lease recover lost revenue 81,596 $ 8,159,550 $ 5,400 $ 54 1,511 ' Assumes only 45% of total vehicles leased. This is a conservative estimate when compared to th industry's auto leasing state-wide estimate of 60% " The estimate of $20,000 is considered a considered a conservative average lease. ORDINANCE PROVIDING FOR CONTINUATION OF AD VALOREM TAXATION OF LEASED MOTOR VEHICLES; AND PROVIDING FOR SEVERABILITY WHEREAS, leased motor vehicles have been historically treated as taxabie per, hal property; WHEREAS, Senate Bill 248 exempted leased motor vehicles from ad Yalore. m taxation, but provides that the governing body of a municipality by ordinance adopted before ianuary 1, 2002, may provide for the continued taxation of leased motor vehicles; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. That the City of Corpus Christi hereby continues :~ va3:rem taxation of leased motor vehicles which may be otherwise exempted after January 1. 2902 'c7 Senate Bill 248 which passed during the 2001 session of the Texas Legislature. SECTION 2. If for any mason any section, paragraph, subdivision, clause- phrase, word or provision of tiffs ordinance shall be held invalid or unconstitutional by finai jud~mzent of a court of competent jurisdiction, it shall not affect any other section, para~aph, subdi¥isior_ clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Ccmacil that every section, paragraph, subdivision, clause, phrase, word or provision hereof be giv.m full force and effect for its purpose. LOA\ord3.429 Notes and Comments