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HomeMy WebLinkAboutAgenda Packet City Council - 03/19/2002CITY COUNCIL AGENDA City of Corpus. Chrlst March 19, 2002 AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD MARCH 19, 2002 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 earlier. 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, habrg un int~rprete ingl~s-espa~ol en todas las juntas del Concilio para ayudade. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation 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. Neai, Jr. Mayor Pro Tem Brent Chesney Council Members: Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott City Manager David R. Garcia City Attorney James R. Bray, Jr.~ City Secretary Armando Chapa __ E. MINUTES: Approval of Joint Meeting of Economic Development Corporation of February 26, 2002 and Regular Meeting of March 5, 2002. (Attachment # 1) Agenda Regular Council Meeting March 19, 2002 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) Mechanical/Plumbing Advisory Board Building Standards Board Commission on Children & Youth 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 following 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. All items will be acted upon by one vote w~ihout being discussed separately unless requested by a Council Member or a citizen, in which event the item or items wi//immediately be withdrawn forindividual consideration in its normal sequence aflerthe 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 all motions, resolutions and ordinances not removed for individual consideration) Resolution requesting the Texas Natural Resoumes Conservation Commission, as the State Air Pollution Control Agency, to submit a grant application to the United States Environmental Protection Agency for a $100,000 Mobile Source Outreach Assistance Grant, which will be administered by the City of Corpus Christi, as part of the region's Pollution Prevention Partnership, and the Air CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Maroh 19,2002 Page 3 Quality Research and Planning Program, and used to fund a remote vehicle emissions sensor to be purchased, operated, and maintained by Texas A & M University - Kingsville. (Attachment #3) Motion authorizing the City Manager, or his designee, to execute a construction contract with Pro Tech Mechanical, Inc., of Corpus Chdsti, Texas, in the amount of $160,350 for the Frost Bank Building Lease Space Chiller Replacement Project. (Attachment #4) Ordinance authorizing the City Manager or his designee to execute a Participation Agreement with Tuloso-Midway Independent School District, developer, for public street improvements on Deer Run Drive, Lot 1, Block 1, Maples Hills Subdivision, abutting a dedicated public park, in accordance with the Platting Ordinance, not to exceed $10,779.99 for City's share of costs of the improvements. (Bond Issue 2000) (Attachment # 5) Ordinance authorizing the City Manager or his designee to execute a Participation Agreement with Corpus Christi Independent School District, developer, for public street improvements on Cimarron Boulevard, Lot !, Block 14, Unit 5, Cimarron Crossing, in accordance with the Platting Ordinance, not to exceed $14,137.27 for City's share of costs of the improvements. (Bond Issue 2000) (Attachment # 6) Ordinance appropriating $260,000 from the Unappropriated Street Assessments in Streets Capital Projects Fu nd No. 3530 for a construction contract for IH-37 Park-Belden Street; amending Ordinance No. 024730 which adopted the FY2001-2002 Capital Budget to increase appropriations by $260,000. (Attachment # 7) Motion authorizing the City Manager or his designee to execute a construction contract with Garrett Construction in the amount of $333,442.70 for I.H. 37 Park-Belden Street Improvements. (Attachment # 7) Ordinance appropriating $80,000 from Revenues from Reinvestment Zone No. 2 in Reinvestment Zone No. 2 Fund No. 1111, amending Ordinance No. 024528 which adopted the FY CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting March 19, 2002 Page 4 10. 11. 12. 2001-2002 Budget by increasing both revenues and appropriations by $80,000 in the No. 1111 Fund for engineering services for the Packery Channel partnering, technical review and U.S. Corps of Engineers consultation. (Attachment # 8) Motion authorizing the City Manager or his designee to execute Amendment No. 1 in the amount of $22,240 to the contract for engineering services with Felix Ocanas, P.E. for the Packery Channel Project. (Attachment # 8) Ordinance approving $79,424.55 from B.R. Scogin as developer's cash contribution for in lieu of street construction of a 450~foot segment of enhanced County Road 52 (with supporting public utility infrastructure), as required by development of Lot 1, Scogin Tract; providing adjustment for fee simple dedication of right-of- way required by the City for the future arterial "through" street and major utility corridor; and establishing a separate subaccount for said street in the City interest-bearing account in the Infrastructure Trust Fund for deposit of developer's contribution; and restricting said monies for the completion of "improvements" when arterial is ready for construction as an obligation of platting and development of properties east of Lot 1, Scogin Tract, or as an obligation of a City Capital Improvement Project. (Attachment #9) Ordinance amending Ordinance No. 024704 to allow for the waiver of the fair market value payment for the abandoning and vacating of a 2,308.71-square foot portion of a 10-foot wide utility easement out of Block CR, Levek Tract in exchange for the owner dedicating a utility easement of equal or greater value. (Attachment # 10) Ordinance appropriating $35,009.51 from the State of Texas in the No. 6010 Trust Fund - Law Enforcement Officer Standards and Education for training of police personnel; amending the FY 2001-2002 budget adopted by Ordinance No. 024528 by adding $35,009.51 to the No. 6010 Trust Fund - Law Enforcement ©fficer Standards and Education. (Attachment # 11 ) Ordinance appropriating $7,500 from the Chamber of Commerce Foundation in the No. 1050 Federal/State Grants Fund for hiring of a part-time Data Specialist at the Juvenile Assessment Center. (Attachment # 12) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting March 19,2002 Page 5 13. 14. 15. 16.a. 16.b. 17. Ordinance appropriating a grant of $1,665 from the Texas Department of Protective and Regulatory Services in the No. 1060 Federal/State Grants Fund for The Community Youth Development Program. (Attachment # 15) Ordinance amending Ordinance No. 022075 by adopting newly revised Nueces County precinct changes to conform to precinct line adjustments; providing for submission of the precinct changes for preclearance from the U.S. Department of Justice. (Attachment # 14) PUBLIC HEARINGS: PROPOSED MARINA PROJECT: Proposed City Marina Operations and Development Project (Attachment # 15) RIGHT-OF-WAY CLOSURE: Public hearing to consider abandoning and vacating a 2000- square foot portion of a 20-foot wide alley right-of-way between Lots 9, 10, 11 and 12, Block 7; Brooklyn Addition, adjacent to the Coastal I~oulevard street right-of-way. (Attachment # 16) Ordinance abandoning and vacating a 2000-square foot portion of a 20-foot wide alley right-of-way between Lots 9, 10, 11 and 12, Block 7, Brooklyn Addition, adjacent to the Coastal Boulevard street right-of-way; requiring the owner, Mr. Alan Carmeli; to comply with the specified conditions and replat the property within 160 days at owner's expense. (Attachment # 16) PRESENTATIONS: Public comment will not be solicited on Presentation items. Multi-Purpose Arena and Convention Center Projects (Attachment # 17) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda sumrnary) Agenda Regular Council Meeting Mamh 19,2002 Page 6 REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 18. Consideration of the following matters related to the firefighter's petition and collective bargaining. (Attachment # 18) (a) (b) (c) (d) Adopt minimum salary for flrefighters proposed by petition pursuant to Texas Local Government Code Section 141.034. Authorize offer of alternative minimum salary proposal, to petition proposal for firefighters under Texas Local Government Code Section 141.034. Call an election on the minimum salary for firefighters proposed by petition pursuant to Texas Local Government Code Section 141.034, and authorize all actions necessary to call the election. Discussion of negotiations and consideration of a new collective bargaining agreement with Firefighters Union. L. 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, p/ease present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingl¢s es limitado, habr~ un int¢rprete ingl¢s-espa~ol en la reuni6n de la junta para ayudarle. PER ClTY 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. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Mamh 19,2002 Page 7 M= 19. 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 any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. Executive session pursuant to Texas Government Code Section 551.074 regarding the City Manager. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for info/Tnation or reports from Staff; repotfs 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. 20. CITY MANAGER'S REPORT 21. 22. O. * 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 2:00 p.m., March 15 , 2002. Armando Chapa City Secretary CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting March 19,2002 Page 8 NOTE: The City Council Agenda can be found on the City's Home Page at www.ci.corpus-christi.tx.us after 7:00 p.m. on the Friday before regularly scheduled council meetings, if technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2001-2002 CITY COUNCIL GOALS AND PRIORITY ISSUES ~CONT~G PRIORITY ISSUES Airport / Seawall / Convention Center / Arena · Continue quarterly reporting process for these initiatives. '86 Bond Issue Improvements · Update status on Senior Centers. · Provide communication on completion of these projects (e.g. "Report to the Communiw"). · 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 identify what services can and cannot be privatized. · Continue focus on park maintenance. Finance · Maintain i):e 5-year forecast model. · Review the August 1 budget adoption deadline. Crime Control and Prevention · Continue implementation of the Conununity Policing initiative. · Establish date for Crime Control and Prevention District election. · Continue City pa~eipation 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 tbr a Storm Water Utility. Packer, Channel · Continue quarterly reports on the progress of the TIF and Beach Restoration Project. Landffil * Continue to evaluate the efficiency and effectiveness of operations. · Examine alternatives for solid waste management system, including privatization. Internet · 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 w/thin 90 days. Redistricting · 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 · Cominue discussions with County to determine structure and process for the most effective and efficiem 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 NEW PRIORITY INITIATIVES AND ISSUES City staff will develop and present to City Council action/implementation plans for the following priori~ Desalination Pilot Project *Code Enforcement in Trashy Neighborhoods I~ *Employee Classification Study Ma ster Drainage Plan Garwood Water *New Golf Course *Charter Revision with Specific Charge(s) *More Funding for Economic Development *Fire and Police Comracts New Funding Sources / Plan tbr Inner Ci~ Improvements Improve Permitting Process (online / customer sen4ce) 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-Summit Meetings Agnes-Laredo Corridor Market (studies, plans) *Solid waste / Pickup Base Closures **Northwest Library Northside Development Plan Traffic Controls (channeling, studying on/off ramps on SPID) *Five Points Ambulance Effluent Plan for Leopard Medians RTA--Public Improvements Arts and Sciences Park Plan Budget Item ** Capital Improvement Program Item JOINT MEETING OF THE CORPUS CHRISTI CITY COUNCIL AND THE CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION February 26, 2002 - 12:04 p.m. Mayor Samuel L. Neal Jr. Mayor Pro Tem Brent Chesney* Javier Colmenero Henry Garrett Bill Kelly Rex Kirmison John Longoria Jesse Noyola Mark Scott Ci_ty Staff Present City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle Parry ECONOMIC DEVELOPMENT CORP. Joe Adame, Chairman N. Foster Edwards Bernard Paulson Gloria Perez Jim Barnette Bill Dodge Ray Hayes A1 Jones George Kain Edward Martin Jacob Mufioz Sam L. Susser Mayor Neal called the meeting to order in the Basement Training Room of City Hall. City' Secretary Chapa checked the roll and verified that a quorum of the Council was present to conduct the meeting. (The EDC Board did not need a quorum since they were only providing information to the Council.) Mr. Adame said these joint meetings with the City Council have already resulted in open lines of communication between the two entities and their staffs. He introduced the EDC's staff: President and CEO Ron Kitchens, John Plotnick, Omar Garcia, Jennifer McCoy, and Sarita Martinez. Mr. Kitchens referred to the EDC's quarterly report, saying that it continues to be their goal to provide realistic benchmarks so the Council can stay informed of their performance. With regard to initial contacts, he said the EDC staff sends out four postcards a year to a data base of about 4,000 companies, which are contacted a minimum of twice a year following the mail-outs. Mr. Kitchens said the EDC has also completed its annual fundraising drive with the private sector for a total of $400,000 in commitments and contributions. He said their goal is to have a 50/50 ratio of private and public sector funding. Mr. Kitchens also discussed specific businesses, noting that Southwest Airlines will be celebrating its 25th anniversary in Corpus Christi in March and the Singapore Technologies project is moving forward now that the enterprise zone application has been approved by the state. Mr. Kitchens described studies that are underway, including ones on labor and employer satisfaction; Minutes - Joint Meeting February 26, 2002 Page 2 building availability; and entrepreneurial development. *Council Member Chesney arrived at 12:15 p.m. Responding to Council members' questions, Mr. Kitchens discussed Corpus Christi's economic stability, which is strong in relation to other cities, and the proposed 1/Sth cent sales tax for economic development. He said if the voters approve the sales tax increase, the money could be used to improve the community's infrastructure and provide educational oppommities for the workfome. He said the EDC staff believes that the best social program is a good job with health care benefits and a retirement plan. He also addressed the EDC's web site; the demand for smaller industrial buildings; the need to maintain existing businesses and anticipate their requirements; and job training programs. He said there should be a statewide marketing program. Mayor Neal commented that Texas A&M University-Corpus Christi and Del Mar College are concerned about their state budgets, which will have a direct impact on the community. Council Member Scott said he hopes the Council will be able to discuss the city's legislative agenda this summer in anticipation of the next legislative session beginning in January 2003. Mr. Kitchens said the EDC, Chamber of Commerce and Convention and Visitors Bureau meet monthly. One of their topics this morning was the need for expert opinions about the condition of Texas' budget crisis next year and opportunities for financial assistance. There being no further business, Mayor Neal adjourned the joint meeting at 12:55 p.m. on February 26, 2002. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 5, 2002 2:00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Brent Chesney Council Members: Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott City_ Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle Parry ABSENT John Longoria Mayor Neal called the meeting to order in the Council Chambers of City Hall. He called for a moment of silence in recognition of the passing of Mayor Emeritus Luther Jones. The invocation was delivered by Dr. Dan Trevifio, Senior Pastor of Corpus Christi Baptist Church, and the Pledge of Allegiance to the United States flag was led by Council Member Kelly. City SecretaW Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of February 26, 2002. A motion was made and passed to approve the minutes as presented. Mayor Neal called for consideration of the consent agenda (Items 2-5). Council members requested that Items 2 and 5 be discussed. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: Motion approving a supply agreement for black and galvanized pipe firings in accordance with Bid Invitation BI-0032-02 with J.M. Supply Company, Corpus Christi, Texas based on low bid meeting specifications for an estimated annual amount of $31,702.28. The firings will be stocked by the Warehouse and distributed to the Gas and Water Departments. The term of the contract is for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the using departments in FY2001-2002. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, ' ' Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. Minutes - Regular Council Meeting March 5, 2002 Page 2 ORDINANCE NO. 024793 Ordinance amending Section 55-147 (a) of the Code of Ordinances, City of Corpus Christi, regarding affirmative defenses for discharges in violation of industrial wastewater pretreatment standards and providing for penalties. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. Mayor Neal opened discussion on Item 2, repair of a frontloader tractor. Responding to Council Member Garrett, Mr. Mike Barrem, Procurement and General Services Manager, said that a new frontloader tractor costs approximately $225,000, so the city is saving about $100,000 by rebuilding it. City Secretary Chapa polled the Council for their votes as follows: 2. M2.~02-.071 Motion approving the repair of a frontloader tractor and the purchase of a five-year full maintenance agreement from Holt Company of Texas, Corpus Christi, Texas in accordance with Bid Invitation No. BI-0046-02 based on only bid for a total amount of $296,999.60. The frontloader is to be used by the Solid Waste Services Department. Funds have been budgeted by Solid Waste in FY 2001-2002. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. Mayor Neal opened discussion on Item 5, renaming of Gypsy Park. He invited Don and Sandy Billish to join the Council in the front of the Chambers to read a proclamation honoring them for their work in redeveloping Gypsy Park on Padre Island with playground equipment, benches, and a gazebo. Mrs. Billish said that two years ago on March 6th they approached the Council with their vision for Gypsy Park and today it is a reality. She asked the members of the committee and supporters from Padre island to stand and be recognized. Mr. Billish said they are now building the soccer field at that park, which is the last phase of the development. He thanked everyone involved for their assistance. City Secretary Chapa polled the Council for their votes as follows: 5. OI~,J,)INANCE NO. 024794 Ordinance waiving the 60-day waiting period and publication of legal notice; renaming the park at 15601 Gypsy Street on Padre Island from Gypsy Park to the "Don and Sandy Billish Park." Minutes - Regular Council Meeting March 5, 2002 Page 3 The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. Mayor Neal referred to the presentation on the day's agenda (Item 6) regarding fireworks regulations and enforcement in the City of Corpus Christi. Fire Chief J.J. Adame explained that the Fire Prevention Bureau was established in the Corpus Christi Fire Depa~t~x~ent on August 8, 1944. It is responsible for enforcing the fireworks ordinance. He said that the 1997 Fire Code, Chapter 20, Section 2005 of the city ordinance states that it is a violation to possess, distribute and ignite fireworks in the city limits of Corpus Christi. The act is punishable by a fine of up to $2,000 per incident per package. Chief Adame said the Fire Prevention Bureau consists of one assistant fire chief, four fire captains (prevention officers), six firefighter II's (prevention officers), one fire protection specialist, and one management aide. The division's responsibilities are to conduct inspections of commercial, institutional, educational, and multi-family dwellings, as well as hotels and motels, foster homes and daycare facilities. They also investigate complaints/concerns and fire causes in residential and commercial structures; and investigate suspicious vehicle and wild fires. They also present criminal cases to the District Attorney; issue parking violations; and provide community prevention presentations. The Fire Chief said that in the state of Texas, fireworks can legally be sold only two times a year outside the city limits: December 21-January I and June 24-midnight on July 4. He said the city also issues permits for fireworks celebrations in conjunction with Bayfest, 4th of July, Harbor Lights, and Buccaneer Days. He said Nueces County only has the authority to ban the use and sale of fireworks for specific reasons, such as in drought conditions. Chief Adame said according to the ordinance, fireworks stands have to be located at least 5,000 feet outside the city limit line. Chief Adame said the fire prevention response has been to schedule officers to work specific fireworks duty. In the past, they have had operations where a fire inspector outside the city limits radios police units inside the city limits advising them of potential violators. They also work with the Police Depaa'tment to confiscate fireworks being ignited within the city limits and to cite the violators. They also respond to complaints and educate the public about the dangers of fireworks and the provisions of the existing ordinance. He said during this past season, there were 10 fireworks- related fires, most of which were brush fires within the city. Police Chief Pete Alvarez said staff`has been discussing ways to deal with the fireworks problem more proactively. He said the Police Department does not have sufficient resources to answer all the fireworks calls they receive during New Year's and July 4th. Consequently, this year they plan to increase the number of personnel at the city limits lines where the fireworks stands are located and possibly post signs informing people of the laws. He said they will seek the public's voluntary compliance and aggressively enforce the law through fireworks confiscation and fines. Minutes - Regular Council Meeting Mamh 5, 2002 Page 4 Mayor Neal asked if there am certain neighborhoods that are worse than others with regard to the use of fimworks. Chief Alvarez said the police are overwhelmed with calls on New Year's and July 4th and he believes it would be more effective to attack the problem at the source. The Mayor asked if the city can prohibit the sale of fireworks within the city's extra-territorial jurisdiction. City Attorney Bray replied that the city can and does prohibit them within 5,000 feet of the city limits. Council Member Kinnison asked if them are any other measures the county can take to assist the city with the fireworks problem. Chief Adame replied that state law gives the county very limited authority to ban fimworks; i.e., only under specific conditions such as a drought and sometimes only specific types, such as aerial fireworks. Mr. Kinnison also asked about fireworks use in the newly annexed beach areas. Chief Adame said that just as with any other area of the city, the Fire and Police departments will respond to complaints and patrol the beach areas. Mr. Kinnison asked about the large fireworks celebrations. The Fire Chief said the city and the state Fire Marshal's Office issue permits for those large events. Mr. Kinnison said residents living near Cole Park have expressed concem about noise levels at fireworks events there, and ChiefAdame said they can further review lhose permits with regard to location and noise levels. Responding to Council Member Colmenero, the Fire Chief f~arther discussed noise restrictions and violations for specific types of fireworks. He also said that when people ask where they can legally use fireworks, staff informs them that it must be outside the city limits but they must have permission if they am on private property. Chief Alvarez also explained in detail the departments' intentions to increase their enforcement efforts during the m,o fireworks sales periods. He added that traditions are hard to break and they will need the cooperation of the communiB~ Council Member Noyola asked ChiefAlvarez if he knew the amount of fireworks that have been confiscated in the last f~w years. He replied that he did not have that figm'e but them have not been that many citations because of a lack of resources and having to respond to other types of calls. Mr. Noyola asked if there were any grant funds for which the city could at, ply. Chief Alvarez said they can look for that type of funding if it is available. Council Member Garrett said that due to the extremely high volume of fireworks calls, it is impossible to enforce the ordinance by trying to respond to individual calls. Mayor Neal opened discussion on Item 7, Animal Control facility. Mr. Angel Escobar, Director of Engineering Services, said the project was structured to receive separate bids for construction of the following components: Base Bid "A"-main administration building; Base Bid "B"-kennels and related facilities; Base Bid "C"-Vector Control workshop and storage facilities, site work and landscaping; and Base Bid "D"-bid package consisting of Phases "A," "B" and "C" as one consolidated bid item. Mr. Escobar said that bid structure allowed for maximmn participation by local contractors and the small business community; in addition, it was endorsed by the Mayor's Advisory Group for Major Project Construction. He added that the administration building will be about 7,500 square feet and the kennels will be about 12,000 square feet with 118 different kennels. Minutes - Regular Council Meeting March 5, 2002 Page 5 Mr. Escobar said staff reviewed the bids and is recommending awarding the total base bid ("D") to Southern Contracting Inc. plus Additive Alternate No. 1 to provide a security fence around the rear parking lot area. He referred to a sketch of the facility, which will be located at Holly Road and the City Service Center. He said staff is also recommending not building an access driveway on the far west side of the facility, which will allow the project to remain in budget and be completed by December 2002. Responding to Council Member Kinnison, Mr. Escobar said the lowest individual bid proposals for base bids "A," "B" and "C" were more expensive than the combined bid ("D"). He also referred to a memo to the Council dated March 5, 2002, in which he informed them that at~er bids were opened, it was called to staff's attention that Additive Alternates 3 and 5 were incorrectly submitted by Southern Contracting. However, since those two alternates were not recommended for award due to a lack of fimding, it is a moot issue. He said staff corrected the bid tabulation to reflect the actual amounts on Southern Contracting's bid proposal. Mr. Kinnison asked how much money was saved by awarding the combined bid rather than the individual ones. Mr. Escobar replied that it resulted in a savings of $149,371. Council Member Colmenero commended staff for doing the additional work to break out the contrac~s~ He also asked if the existence of the fence will allow the Animal Control facility to be expanded in the future. Mr. Escobar referred to the diagram, noting that accommodations have been made in the design for future expansion, and he discussed the building materials that will be used in the kennels for easier maintenance. Mr. Colmenero asked Dr. Nina Sisley, Director of Public Health, if the fewer number of kennels will affect the facility's operation. She replied that she did not think it would have an effect initially but it remains to be seen what the pet population will he in five years. She commented that the current Animal Control facility has an ongoing problem with ticks because of its dilapidated condition, which allows the insects to embed themselves in the kennels. Council Member Kelly said that while it is evident the current facility is antiquated and needs to be replaced, it appears the Animal Control staff have been unfairly criticized. He suggested that City Manager Garcia's letter dated February 19, 2002, to Ms. Lindsay Gardewin, an employee of PETA (People for the Ethical Treatment of Animals), be placed on the city's web site since it addresses many concerns that have been raised about the facility's operations. Mr. Garcia said some of the allegations made by Ms. Gardewin were that the city's euthanasia facility had not operated correctly for years, that it took several hours for animals to die, and generally that it was an inhumane process. Mr. Garcia said he informed Ms. Gardewin that the city's carbon monoxide gas chamber, which is seven or eight years old, is the largest and best type of manufactured chambers. He said the animals inside the chamber are not moving or breathing within the first two to four minutes of euthanization. Mr. Kelly noted that there are now volunteers (non-city employees) at the Animal Control facility who can easily verify the center's operations. Mr. Garcia added that the animals are separated by species in the chamber and the city has expanded the number and types of animals that are euthanized by lethal injection. Minutes - Regular Council Meeting March 5, 2002 Page 6 Mr. Kelly said many of the animal rights concems were raised following the publication of a photograph in the local newspaper showing an animal control officer using a catch pole on a dog. He asked staff to discuss employees' qualifications. Mr. Jeff Beynon, Animal Control Supervisor, said each level of responsibility requires a different level of certification through the Texas Department of Health: entry-level kennel workers are required to have basic certification and field officers must have basic and advanced certifications. He said some of the city's field officers are also certified as instructors. He said his position of supervisor requires the basic, advanced and administrative certifications, and he is certified as a euthanasia technician and has taken the basic cruelty course. He said employees are given 18 months to receive their certifications. Mr. Beynon also discussed the cimumstances surrounding the newspaper photograph. He said on that morning (September 9, 2001), the Animal Control workers were preparing to euthanize bite-case dogs, which are always handled on a snare. He said that in the past, the city has terminated Animal Control officers for having an animal in the snare for too long or holding it too tightly. Mr. Garcia pointed mst that other animal shelters in Corpus Christi are selective but the city's facility is non-selective and has to take in every animal it is called to address because it is a public health issue. He said there is a huge problem with unwanted animals in Corpus Christi because of a lack of spaying and neutering; as a result, the city has to euthanize 14,000 animals a year. He said they need to focus mom on the source of the problem--the pet owners. Mr. Garcia said the Council approved the hiring of an education specialist who will speak at schools teaching children about responsible pet ownership. Replying to Council Member Scott, Mr. Escobar said the fence will secure the facility's vehicles and equipment. Mayor Neal noted that while the city's new Auimal Control facility will be state-of-the-art, the city will still be tasked with euthanizing unwanted animals due to health concerns. He said city staffwill be conducting its business in the most humane way possible as required by law. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 7. M2002-07} Motion author/zing the City Manager or his designee to execute a construction contract with Southern Contracting Inc. in the arnoant of $2,303,629 for the Corpus Christi Animal Shelter and Vector Control Facility. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. Mayor Neal announced the executive sessions, pursuant to Texas Government Code Section 551.071, regarding the following: 8. City of Corpus Christi Project #3219, Nourishment of Corpus Christi Beach-2001, with possible discussion and action related thereto in open session; 10. Kelly Lewis v. City of Corpus Christi, No. 94-650, 94th District Court, Nueces County, Minutes - Regular Council Meeting March 5, 2002 Page 7 11. Texas, with possible discussion and action related thereto in open session; and The Veto Warner Living Trust v. City of Corpus Christi et al, Case No. 01-23646-C-11, Adv. No. 02-2008-C, United States District Corot, Southern District of Texas, Corpus Christi Division, with possible discussion and action related thereto in open session. City Manager Garcia said they would not be discussing Item 9 (disputed claims of the City of Corpus Christi for utility service against Air Liquide) as it is posted on the agenda. The Council went into executive session. The Council returned from executive session. Mayor Neal made the following motion, which was seconded by Mr. Colmenero: 10. M2002-074 Motion authorizing the City Manager to execute documents settling Kelly Lewis v. City of Corpus Christi, No. 94-650, 94th District Court, Nueces County, Texas, in accordance with the recommendation of the City's attorneys. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. Mayor Neal called for the City Manager's report. Mr. Gareia said there will not be a Council meeting on March 12, 2002 because some Council members will be attending the National League of Cities Congressional City Conference in Washington, D.C. However, there will be a Council retreat on Friday, March 15th, at the Museum of Science and History. He said issues to be discussed include the city's five-year forecast, capital improvement plan, redistricting, possible charter amendments, and Council goals and objectives. He said the March 19th meeting is scheduled to begin at 2 p.m. and will include the discussion about the marina proposals and the arena and convention center projects. Mayor Neal asked about a memo from Assistant City Manager Jorge Cruz-Aedo to the Council dated March 1, 2002, about the MetroCom billings to Nueces County. Mr. Cruz-Aedo said the amounts that were originally billed to the county omitted several pay periods that were not filed with the city's office. He said staff is determining what that amount is and it will be added to the outstanding amount through January 2002. He said that brings the amount, which is growing every day, to over $400,000. The Mayor said MetroCom began as a joint city-county venture in Februaw 2001 and Nueces County has only made one $70,000 payment. He said that for over one year, the city has carded the MetroCom operation for the county. Mr. Garcia said Nueces County Judge Richard Borchard sent him a letter dated February 18, 2002, questioning the total amount due by the county as well as the late fees. Mr. Garcia said he has asked the City Attorney to research the MetroCom agreement because at some point they need to decide whether or not the city can continue with it. He said staff has requested a meeting of the MetroCom Committee and they also need to request a meeting of the Minutes - Regular Council Meeting March 5, 2002 Page 8 MetroCom Board, which consists of the Mayor and the County Judge. Mayor Neal requested a copy of the February 18th letter from Judge Borchard. Mr. Kinnison asked if the Judge's letter responded to the city's request that the county pay tbr everything they owed for MetroCom except the disputed portion. Mr. Garcia replied that the Judge's letter broadened the amount that they feel is in dispute and he did not include any payments with the letter. Mayor Neal asked if the County Commissioners were aware that the county has defaulted on the agreement. Mr. Garcia said all of the city's correspondence has been directly with Judge Borchard at the instruction of county staff members. Mr. Noyola said he thought Mr~ Garcia should provide copies of the correspondence to the County Commissioners. Mayor Neal said that MetroCom is becoming a substantial budget issue for the city. Mr. Garcia said his concern is that the count), will have off-loaded a major expenditure to the city and they refuse to pay for it. He said the problem is the MetroCom agreement calls fbr costs to be shared by the entities but they are not. He added that the city used to be reimbursed by the county for ambulmace service and now it is not. Mayor Neal called for Council reports. Ms. Gmxett read a state~nent from Mr. Chesney in which he and his family thanked everyone for praying for his father, who is in the hospital. Mr. Noyola asked why Rosalie Street does not have sidewalks, curbs and gutters. Mr. Garcia said that type of infrastructure is built by a developer when the original streets are created. The city provides street repairs after the subdivision is created. Mr. Escoba'c said sometimes such infrastructure is built using Community Development Block Grant fimds but according to his records, the city does not have a filed application for a pa;,ing assessment for Rosalie Street. Mr. Scott asked ifa press release could be w~tten publicizing the public meeting on March 14th from 6:30 p.m. to 8 p.m. at Ethel Eyerly Senior Center in Flour B!uffregarding planned street improvement projects. Mr. Escobar said staffwill provide the Council with a three-month calendar of upcoming events, including a public meeting on March 28th for the Cl.~ff Mau:3 street improvements as part oftbe Bond 2000 program. Mr. Scott said he will not he present at the March 19th meeting and he asked staff to look into a water pump problem in Billish Park on Padre island. Mr. Scott also commented on Mayor Emeritus Luther Jones, to whom he said he owes a debt of gratitude for his support over the years. Mayor Neal said the Council received from staffa copy of Judge Borchard's Febmm2t 18th letter. He asked ifa meeting can be set up with the County Auditor or whoever has the authority to verify the MetroCom bills so they can reach an agreement about the amount that is owed. The Mayor called for petitions from the audience and there were none. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 3:57 p.m. on March 5, 2002. a. MECHANICAL/PLUMBING ADVISORY BOARD - One (1) vacancy with term to 1- 02-03 representing the category of Irrigator. COMPOSITION Eleven (11) persons appointed by the City Council: 3 - persons with at least five years active experience as a plumber licensed in the State of Texas, at least three years of which shall have been in Corpus Christi, and currently active in the plumbing trade; at least 2 of whom shall hold Master Plumbers licenses; 1- person with at least years of active experience as a professional mechanical engineer licensed in the State of Texas and knowledgeable in the plumbing trade; 1- person with at least 5 years experience in the home building industry; 1- person with at least 5 years experience in the commercial building industry; 3 - persons with at least 5 years experience in heating, ventilation, air conditioning and refrigeration contracting business; 1 - person not connected with the building industry; and 1 - person who shall have at least 5 years of active experience in landscape irrigation and is licensed as an Irrigator by the State of Texas. Five members constitute a quorum, and the concurring vote of not less than 5 members of the Board is necessary to constitute an official action of the Board. MEMBERS TERM ORIGINAL APPTD. DATE Ronald Klepac (Air Conditioning), Chairman !-02-03 Robert Knowles (Not conn. bldg. ind.), Vice-Chair 1-02-03 Mody K. Boatright (Mechanical Eng.) 1-02-04 Patrick Scarpulla (Master Plumber) 1-02-04 Sam Beecroft (Commercial Builder) 1-02-03 Elvin O'Bryan (Master Plumber) 1-02-03 Daniel Graf (Master Plumber) 1-02-04 Red Akin (Air Conditioning) 1-02-04 Clarence Neal (Air Conditioning) 1-02-03 John Tucker (Home Builder) 1-02-04 Herman Johnson, Sr. (Irrigator) 1-02-03 2-11-97 5-18-99 1-08-02 8-11-98 5-18-99 2-11-97 1-08-02 1-08-02 5-18-99 1-08-02 7-08-97 * Resigned to serve on the Water Resources Advisory Committee OTHER INDIVIDUALS EXPRESSING INTEREST Scott Corliss Owner, AC & R Services of South Texas. Served in the military for ten years. Member of American Society of Heating and Freezing Engineers. (Air Conditioning) (3-03-00) Daniel T. Graf President, Graf Plumbing, Inc. Graduate of United 03-12-02.wpd, p. I Brace D. Hamende H. Ray Johnson, Jr. Ronald Wheaton States Navy Pipe Fitting and Plumbing Schools. Serves as a Deacon with the Parkway Church of Christ. Has been a Master plumber since June 1982. (Master plumber) (1-04-02) Owner/President, Bruce Air Conditioning and Heating, Inc. Certificate in Applied Science for Air Conditioning. Community/professional activities include: Assistant Scoutmaster, Venture advisor and past president of the Coastal Bend Air Conditioning Contractors Association. (Air conditioning) (1-04-02) Vice-President, Turf & Irrigation Hardware. Has 24 years experience in landscape irrigation and is licensed by the State of Texas as an irrigator. Community activities include: C:~b Scout ~',,~ ~r;y Scout leader, Deac,~ o£ First Cialsuall Church, and Padre Island Little League Baseball Coach. (Irrigator) (2-08-02) President, BMW Engineering, Inc. B.S. in Mechanical Engineering, Michigan State University. Licensed by Texas State Board of Professional Engineers. (Mechanicat engineer) (1-03-02) 03-12-02.wpd, p. 2 BUILDING STANDARDS BOARD - Four (4) vacancies with terms to 3-03-04 and 3-03- 05 representing the following categories: I - General contractor, 2 - Member at large and 1 - Attorney. COMPOSITION Seven (7) members, three (3) members at large of whom shall be residents of the City and home owners; one shall be a lawyer, three (3) chosen from: realtor, architect, engineer, general contractor, home builder or building materials dealer. Appointed by the City Council for three-year staggered terms. Elects its own chairman. MEMBERS TERM ORIGINAL APPTD. DATE * Beverly Bacak (Member at Large), Chairperson 3-03-02 ** D. Ray Jones (General Contractor) 3-03-02 William M. McGuire (Architect) 3-03-03 * Mary Esther Guerra (Attorney) 3-03-02 Irma Sanjines (Member at Large) 3-03-03 *** Leroy San Miguel (Member at Large) 3-03-04 Rudy Garza (General Contractor) 3-03-04 5-18-99 9-14-93 4-11-00 1-11-00 4-11-00 10-08-96 3-13-01 * Seeking reappointment ** Has met the six-year service limitation and is ineligible for reappointment *** Resigned ATTENDANCE RATE OF MEMBERS SEEKING REAPPOINTMENT NAME NO. OF MTGS. NO. THIS TERM PRESENT % OF ATTENDANCE LAST TERM YEAR Beverly Bacak (Member at Large) Mary Esther Guerra (Atty.) 3 3 100% 3 I 33% NOTE: Mary Esther Guerra (Attorney) has not attended several meetings due to prior commitments from her law practice. She has ~vpressed interest in reappointment and asks that the Council consider her request. OTHER INDIVIDUALS EXPRESSING INTEREST Randy Farrar Home Builder. B.B.A. in Accounting, Texas A&M University. First Vice President Builders Association of Corpus Christi. Member of Texas Association of Builders Governmental Relations Committee. 03-12-02.wpd, p. 3 Edgar Farrera Dan Ho ffman James Robichaux Ike Spiker Ronald Wheaton Serves as 2000 Chairman for Parade of Homes. (Home Builder) (2-16-00) Self-employed Architectural Consultant. Master's degree in Architecture from U.T. Austin. Peer Panel member of the Arts & Cultural Commission. Former Director of the Columbus Fleet Association from 1992-94. (Architect) (8-01-01) Project Manager, Barcom Commercial. B.A. in Economics, University of Minnesota. Community activities include serving as Secretary and Treasurer for Associated General Contractors of South Texas. (General contractor) (3-14-02) Attorney/Shareholder, Matthews & Branscomb. B.B.A. and J.D., U.T. Austin. Member of C.C. Bar Association, Texas Bar Association and American Bar Association. Former adjunct professor of business law, C.C. State University. (Attorney) (3-14-02) Project Manager, F~:!t.~ Construction. Associate's degree in Architecmra! l'echnology, Del Mar College. Commercial projects completed include USS Lexington Theater, CCISD Central Kitchen facilities and Driscoll Children's Hospital Bio-Medical Engineering facility. (General Contractor) (3-13-02) President, BMW Engineering, Inc. B.S. in Mechanical Engineering: Michigan State University. Licensed by Texas State Board of Professional Engineers. (Engineer) (4-19-00) 03-12-02.wpd, p. 4 c. COMMISSION ON CHILDREN & YOUTH - One (1) vacancy with term to 5-01-03 representing the category of Legal. COMPOSITION The commission shall consist of fourteen (14) members appointed by the City Council. One member shall be representative of each of the following fields: Health, Social Service, Religion, Legal, Law Enforcement, Education, Business, Youth Services, Sheriff's Office, and the District Attorney's Office. One member shall be a youth representative fi.om 16 to 21 years of age at time of appointment. Each appointee shall have demonstrated interest in the welfare of children or youth through occupation or through association with community- based organizations. (On 10-10-95, Council approved the addition of a Police Officer to serve as an Advisory Member to be appointed by the Police Chief.) MEMBERS TERMS ORIGINAL APPTD. DATES Paula Rosenstein (At Large), Chairperson 5-01-04 Mary Jackson (Social Services) 5-01-02 RosaBalderas (At Large) 5~-01-03 Barry Abels (Religion) 5-01-04 Vicky Alexander (Health) 5-01-03 Margaret Canales (Business) 5-01-05 Gloria Jackson (Youth Services) 5-01-03 Drew Reining (Education) 5-01-04 Verna Portis (At Large) 5-01-02 Joseph Alley (Law Enforcement) 5-01-02 Guy Watts (Legal) 5-01-03 John C.B. La_Rue (Youth Rep.) 5-01-02 Melissa Madrigal (D.A.'s Office) 5-01-93 Lt. Vidal De la Cerda (ShefiWs Office) 5-01-04 Capt. Tim Wilson (Police Off.) Advisory Dr. Philip Rhoades Advisory 12-10-96 10-14-97 7-11-00 5-15-01 2-12-02 2-12-02 1-11-00 2-12-02 4-27-99 10-10-95 7-11-00 5-15-01 2-12-02 2-12-02 12-06-95 8-16-94 * Resigned INDIVIDUALS EXPRESSING INTEREST Suzarme Coleman Principal, Incarnate Word Academy. M.A. in Secondary Counseling, Louisiana Tech University; M.Ed. in Cumculum 8,: Instruction, University of New Orleans; B.S. in Secondary Education, Louisiana State University. Member of National Association of Secondary. School Principals. (Education) (9-17-0D 03-12~02.wpd, p. 5 Liana Gonzales Charmaine Keller Marilyn J. Kostelnik Randy Lara Charley McMath 03-12-02.wpd, p. 6 Owner/Attorney, Law office of Liana Gonzales. J.D. with honors, U.T. School of Law; B.B.A. in International Business, U.T. Austin. Served as a mentor for children in East Austin during college and law school. Taught "business basics" as part of a Jumor Achievement program in elementary schools in Austin. As a member of Young Lawyers of Corpus Christi, started the "Reading Power Club" at a local, low-income school. Active for many years as either Coordinator or committee member for LULAC's Feria de las Flores Scholarship Program/Pageant. Organized a Christmas event for Dress for Success participants and their children. (Legal) (3-14-02) Director of Education, Council on Alcohol and Drug Abuse. B.S. in Psychology and Sociology with a certificate in Social Work, East Texas State University,. Active with the University Roundtable, Y.O.U. and the U~ited Way. Recipient of the Joe Collins Award for State of Texas in Parenting Education and the Take Time for Kids Award for work with children four years old and younger. (Education) (7-31-00) Assistant Professor of Nursing, Texas A&M University-Corpus Chiisti. Registered nurse and holds a Bachelor's degree and Master's degree in Nursing. Has participated in the fy!lowing community activities: Tattoo removal: Special Olympics and the Muscular Dystrophy Association. (Health or Education) (l O-09oOD Marketing Specialist, Driscoll Children's Hospital. Attended Southwest Texas State University. Active with the Young Professionals Club, C.C. Chamber of Commerce ambassador, and Koch Coastal Bend Community Advisory Council. (Business) (9-13-00) Superintendent of London I.S.D.M.S. and B.S. from East Texas State University. Member of the Texas Association of School Administrators, Texas Association of Rural Schools, the Texas Center for Education Technology, and the Nueces County Lauren C. Ranly William James Shack Gloria Simmons Amanda Stukenberg Nancy Wesson-Dodd Elaine A. Yellen Historical Committee. (Education) (1-17-01) Solo Practitioner, Law Offices of Lauren C. Ranly. General practice with emphasis on Juvenile and Abuse and Neglect cases. J.D. with honors, St. Mary's School of Law; M.S. in Educational Administration, Texas A&M - Corpus Christi; B.S. in Educational Curriculum and Instruction, Texas A&M - College Station. Community service includes: C.C. Public Library Foundation Board secretary, Junior League of C.C. Education/Training Chairperson, and the Nueces County Juvenile Citizen Advisory Board Vice-Chairperson. Recipient of the Outstanding Young Lawyer Award, 2001. (Legal) (3-13-02) Employed as a cook. Attended W.B. Ray High School. (At Large) (12-27-00) Active with Weed & Seed and Toys for Tots Foundation. (,,It Large) (1-06-00) Director of Plarmed Parenthood of South Texas. B.A. in English, Princeton University. Member of League of Women Voters, Communities in Schools, and Coastal Bend Alliance for Youth. (Health or Social Services) (5-03-01) Executive Director, YWCA of Corpus Christi. M.S. in Social Work. Community and professional activities include: Sergeant-of-arms, Executive Women International, Leadership Corpus Christi graduate (Class 26), member of Del Mar College adjunct faculty. Recipient of Social Worker of the Year award. (Social services) (9-13-0D Assistant Professor of Nursing, Texas A&M University-Corpus Christi. Ph.D. in Nursing. Active volunteer with St. Bartholomew's Church. Member of Texas Nurses Association - local chapter. (Health or Education)(1-23-O1) 03-12-02.wpd, p. 7 AGENDA MEMORANDUM Date: March 13, 2002 SUBJECT: Corpus Christi Air Quality Research Projects Environmental Programs AGENDA ITEM: Resolution requesting the Texas Natural Resources Conservation Commission, as the State air pollution control agency, to submit a grant application to the United States Environmental Protection Agency for a $100,000 mobile source outreach assistance grant, which will be administered by the City of Corpus Christi, as part of the Region's pollution prevention partnership, and the air quality research and planning program, and used to fund a remote vehicle emissions sensor to be purchased, operated, and maintained byTexas A & M Kingsville. ISSUE: The U.S. Environmental Protection Agency is offering grants up to $100,000 per project for mobile source outreach assistance. Applications for these grants must originate from an air pollution control agency as defined in section 302(b) of the Clean Air Act. The Texas Natural Resource Conservation Commission (TNRCC) is the state agency fitting that definition. The Corpus Chdsti Air Quality Committee defined the need to better quantify emissions from mobile sources for air quatity planning, and public education and outreach. The City is requesting TNRCC to apply for $100,000 to be utilized by the City in collaboration with Texas A&M University-Kingsville for the acquisition of a remote vehicle emissions sensor to satisfy that need. FUNDING: Any required match would be met through a combination of funds from the capital equipment budget of Texas A&M University-Kingsville, Department of Environmental Engineering for purchase cost in excess of the grant funding and in-kind contributions from the University for operation and maintenance e~pense. RECOMMENDATION: Staff recommends approval of the motion, resolutions, and ordinance as presented. C. Kim McGOire' Director, Office of Environmental Programs BACKGROUNDINFORMATION Subject: Corpus Christi O~one Near Non-Attainment Area Research Study Project Description: The U.S. Environmental Protection Agency (EPA) is offedng grant funding up to $100,000 per project for mobile source outreach assistance. Applications for this grant must originate from a state or local air pollution control agency as defined by section 302(b) of the Clean Air Act. For the Corpus Christi area, that requires grant proposals to be submitted through the Texas Natural Resoume Conservation Commission (TNRCC). The City, in collaboration with Texas A&M University-Kingsville, Department of Environmental Engineering (TAMUK), is proposing to purchase a remote sensor for vehicle emissions utilizing this grant. The Corpus Christi Air Quality Committee through the City of Corpus Chdsti oversees an extensive air quality research and planning program aimed at retention of the area's attainment of the National Ambient Air Quality Standard (NAAQS) for ozone funded by grants from TNRCC. A detailed emissions inventory is being developed as part of the program. Currently emissions of mobile sources are estimated through computer simulations of vehicle emissions and use in the area. Those estimates need verification. Mobile sources are estimated to contribute 39% of volatile organic compounds (VOC) and 46% of oxides of nitrogen (NOx) emitted in the area. The Pollution Prevention Partnership (PPP) Texas A&M University-Corpus Christi, Office of Unive-sity Outreach (TAMUCC), offers assistance to small business on techniques to reduce pollutio,-. Vehicle fleet operation generates emissions of pollutants, which react in the atmosphere to produce ozone, a documented health concern. The PPP has a proven track record in securing commitments from small business to control emissions, however, any assistance provided must be based on solid and accurate information to be useful. The remote sensing unit would be owned, operated, and maintained by TAMUK, who has the expertise to operate and maintain this t)pe of equipment. It would be used at roadside locations, in parking lots, and other locations selected as part of the data gathering research. TAMUCC will select pqtential outreach customers based on leer size and type. Off road construction activities will also L ~ considered. The information gathered will be used as reseamh data, not for compliance activities ~ s these sensors are not designed for regulatory use. Prior Council Action: Council has approved a series of contracts with TNRCC and TAMUK for grant funded air quality planning and research and with TAMUCC for operation of the Pollution Prevention Partnership. Future Council Action: If EPA approves the grant application, Council will be requested to approve the contract with TNRCC for these funds, and appropriate the grant funds for the purchase of the remote vehicle emissions sensor. RESOLUTION REQUESTING THE TEXAS NATURAL RESOURCES CONSERVATION COMMISSION, AS THE STATE AIR POLLUTION CONTROL AGENCY, TO SUBMIT A GRANT APPLICATION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR A $'100,000 MOBILE SOURCE OUTREACH ASSISTANCE GRANT, WHICH WILL BE ADMINISTERED BY THE CITY OF CORPUS CHRISTI, AS PART OF THE REGION'S POLLUTION PREVENTION PARTNERSHIP, AND THE AIR QUALITY RESEARCH AND PLANNING PROGRAM, AND USED TO FUND A REMOTE VEHICLE EMISSIONS SENSOR TO BE PURCHASED, OPERATED, AND MAINTAINED BY TEXAS A & I~ KINGSVILLE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a request to the Texas Natural Resources Conservation Commission, as the State air pollution control agency, to submit a grant application to the United States Environmental Protection ~:..qency for a $100,000 mobile sot~rce outreach assistance grant, which will be administered by the City of Corpus Christi, as part of the Region's pollution prevention partnership, and the air quality research and planning program, and used to fund a remote vehicle emissions sensor to be purchased, operated, and maintained by Texas A & M Kingsville. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Ne& Jr. City Secretary Mayor APPROVED: 13th day of March, 2002. James R. Bray Jr. City Attorney R. J~ I~ining First Assistant City Attorney AGENDA MEMORANDUM DATE: March 12, 2002 Frost Bank Lease Space Chiller Replacement - 2002 - Project No. 4258 Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $160,350 with Pro Technical Mechanical, Inc., of Corpus Christi, Texas, for the Frost Building Lease Space Chiller Replacement Project. ISSUE: Replacement chillers were pre-purchased, and a construction contract is necessary to install the replacement chillers. FUNDING; Funding for is available from from the "Build Out Allowance" provided by Frost National Bank as part of the lease purchase option. · Approval of the motion. Angel R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit ^. Background Exhibit B. Location Map Exhibit C. Bid Tabulation Exhibit D. Pdcr Actions H:~HOME~KEVIN S\GEN~FROSTBLD\CHILLERS\INSTALL.M BACKGROUND INFORMATION SUBJECT: Frost Bank Lease Space BACKGROUND: The chillers in the lease space have reached the end of their economic life. A purchase order to expedite delivery of the equipment was approved by Council February 26, 2002. A separate construction contract is required to install the chillers are related equipment. The Frost Bank Lease Space renovation will house the Emergency Management and Emergency Operations Center (4th floor), Fire Department Administration, Emergency Medical Administration, and Fire Training (3rd floor), and Fire Prevention and Local Emergency Planning Committee (2°d floor). It currently anticipated that these departments will take occupancy by late May or early June 2002. A site map is attached. See Exhibit B. PROJECT DESCRIPTION: The project consists of demolition, removal and replacement of two air cooled water chillers with each having remote condensers. The work ir~ciudes all p: ~.ing, control and electrical work necessary to complete the project. It is anticipated that all work will be completed by mid-May to early June. BIDS: The City received three bids which were opened Friday, March 7, 2002. The project was bid as base bid with two additive alternates. The base bid includes all chiller and pump work and refurbishing the existing boiler. Additive Alternate No. 1 includes the base bid, but replaces the existing boiler. Additive Alternate No. 2 includes the Base Bid, Additive Alternate No. 1 and new control valves at two existing air handler units (AHUs) in the second floor mechanical room. Base bids ranged between $113,110 and $172,595. The bid for Additive Alternate No. 1 ranged from $136,800 to $186,429. Bids for Additive Alternate No. 2 ranged from $160,350 to $236,153. Pro Technical Mechanical, Inc. was the Iow bidder in all cases. The engineer's cost estimate for the project was $175,000. The bid tabulation is attached. See Exhibit C. PRIOR ACTIONS: 1. This project has involved a number of Council and administrative actions. chronicle of those actions is attached. See Exhibit D A FUTURE COUNCIL ACTION: 1. Award of construction contract for security closed circuit television (CCTV) and access security improvements; 2. Award of construction contract for first floor lease space improvements. 3. Exercise of lease purchase option. H:\HOME~KEVINS\GEN\FROSTB LD\CHI[ LE RS~nstallationbkg.dcc Exhibit A Page 1 of 1 File : ~Mproject\councilexhibif~s\exh,C2Ol.dwg LOCATZON BAP NOT TO SC, ALE N PROJECT No. 4201 VZCZNZTY MAP EXHZBT_T "B" Fcost Bank Building Lease Space Remodel CITY OF CORPUS CHRISTI, TEXAS CZTY COUNCT_L EXH.TB.TT DEPARTMENT OF ENGINEERING SERVICES PAGE: I 01= 1 DATE, 05-15-2002 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED By: Angel R. Escobar, P.E., Director of Engineering Services Date: 3/8/2002 Time of Completion: 90 days Engineers Estimate: $175,000 Frost Building Lease/Chiller Replacement -2002 Project No. 4256 Pro Tech Mach Malek, Inc. Weathertrol Rem DescritionO—=t . Unit Base Bid Add. Aft. #—i A_dd. All # 2 Base Bid Add. Aft. # 1 Add. Alt. # 2 Base Bid Add. Alt. # 1 Add. Aft. # 2 Item #1 MOST BUILDING Lusa / IXLLLHa aeewcet�lx 1 — LS _ $11.3,110 $136,800 $i6G,350 $160,361 $170,994 $209.422 $172,595 $186,429 $236,153 Base Bid 2002 consists of but is not limited to, the I demolition, removal, and replacment of two air cooled water chillers with each having dual remote condensers. This work includes all piping and control required and necessary to facilitate the integration of I the new air cooled water chillers and remote condensers and all additional and ancillary work required and indicated on the drawings. The existing mechanical room shall be utilized and no alterations shall be allowed to the existing building structure. All work shall be provided in accordance with the plans, specifications and contract documents. 1 E I I PRIOR COUNCIL/ADMINISTRATIVE ACTIONS PRIOR COUNCIL ACTIONS: 1. May 30, 2000 - Motion authorizing City Manager to sign a lease agreement and option to purchase with Frost National Bank (M2000-167); 2. May 30, 2000 - Ordinance appropriating $500,000 from the Frost National Bank Lease Agreement (Ord. No. 024052); 3. May 30, 2000 - Motion authorizing City Manager to sign a contract for architectural services in the amount of $41,560 with Morgan Spears Associates, Inc. for the Frost Bank Lease Space Improvements (M2000-168); 4. November 21, 2000 - Ordinance appropriating $84,650 from Clear Source in the No. 1020 General Fund for the Leopard Street Fiber Optic Conduit Project. (Ord. No. 024283). 5. November 21, 2000 - Motion authorizing the execution of a construction contract in the amount of $84,650 with V. C. Huff, Inc. for the Leopard Street Fiber Optic Conduit (Staples to Kennedy) project (M2000-411 ). 6. July 10, 2001 - Motion authorizing an amendment of the lease agreement with Frost National Bank to provide an additional allowance of $500,000 from the Frost National Bank (M2001-256) 7. July 10, 2001 - Ordinance re-appropriating $458,440 from the Frost National Bank Lease Purchase Agreement for Improvements to the Frost Bank Building (Ord. No. 024494); 8. July 10, 2001 - Motion authorizing the City Manager to execute a construction contract with D & SS Construction, Inc. in an amount not to exceed $563,702.81 for the Frost Bank Lease Space Remodel (M2001-257); 9. July 24, 2001 - Motion approving the purchase of one 500KVA emergency generator in the amount of $49,500 from Stewart and Stevenson for the Frost Bank Building Lease Space (M2001-284); 10. February 12, 2002 - Ordinance re-appropriating $388,330 from the Frost National Bank Lease Purchase Agreement into the General Fund No. 1020 (Ord. No. 024759); and 11. February 26, 2002 - Motion approving the lease/purchase of two chiller units from York International cio Lewis Mechanical Sales, Corpus Christi, Texas, in accordance with Bid Invitation No. BI-0060-02, based on best bid, for a total amount of $95,400 for the Frost Bank Lease Space. PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2001 - Award of Change Order No. 1 in the amount of $2,032.20 to D & SS Construction, inc. for the repair broken freon line and replacement of freon on Chiller No. 3. 2. November 16, 2001 - Award of Change Order No. 2 in the amount of $18,596.16 to D & SS Construction, Inc. for additional exterior and interior wall work, ceramic tile, plumbing leak repairs, removal/replacement of bronze framed lights and HVAC repairs ($1,562.96); H AHOM E~KEVINS~GEN\FROSTBLD~CHI LLERS\PdorActionsExhD.doc '"-T""-- ..... "T- ' Exhibit D Page 1 of 2 T~ December 13, 2001 - Award of Change Order No. 3 in the amount of $5,665.33 to D & SS Construction, Inc. for HVAC repairs ($1,678), additional concrete work and plumbing repairs; December 18, 2001 - Award of Amendment No. 1 in the amount of $13,100 to Morgan Spears and Associates for design of chilled and hot water piping modifications, CC'IV and access control system; December 19, 2001 - Award of engineering contract in the amount of $22,770 to Turner Engineers, Inc. for replacement of chillers at the Frost Bank Lease Space; January 9, 2002 - Award of Change Order No. 4 in the amount of $23,225.45 to D & SS Construction, Inc. for installation of fire rated ceiling gdd, ceiling tiles, doors and frames. January 16, 2001 - Award of Amendment No. 2 in the amount of $12,500 to Morgan Spears and Associates for development of first floor renovations preliminary design. January 22, 2002 - Award of Change Order No. 5 in the amount of $21,048.37 to ID & SS Construction, Inc. for relocation of fiber optic cable, additional electrical work and HVAC work, and installation of a coiling overhead door. February 12, 2002 - Award of Change Order No. 6 in the amount of $23,961.39 to D & SS Construction, Inc. for removal and installation of new HVAC piping and one additional fire rated door. H:\HOM E\KEVI NS~GEN\FROSTBLD\CHILLERS\PdorActJonsExh D.doc Exhibit D Page 2 of 2 AGENDA MEMORANDUM February 18, 2002 SUBJECT: Participation Agreement - Maple Hills Subdivision, Block 1, Lot 1 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a Participation Agreement with Tuloso-Midway Independent School District, developer of Maple Hills Subdivision, Block 1, Lot 1, for public street improvements on Deer Run Drive in accordance with the Platting Ordinance, of which the City's share of costs must not exceed $10,779.99 for said improvements; and declaring an emergency. ISSUE: Tuloso-Midway Independent School Distdct (TMISD), developer of Maple Hills Subdivision Block 1, Lot 1, was required to complete construction of public improvements for plat recordation and is requesting compensation as proposed by the Participation Agreement (Exhibit D) for the construction of public street improvements adjacent to a dedicated park. Reimbursement to TMISD will be made upon City acceptance of the completed public improvements. FUNDING: Funds are available in the Street Capital Projects Fund for the City's share of New Subdivision Street Construction. RECOMMENDATION: Staff recommends approval of the Ordinance as presented and the encumbrance of $10,799.99 from the Street Capital Projects Fund for disbursement to the developer upon.completion and acceptance of the improvements by the City. Attachments: Director of Engineering Services Exhibit A. Exhibit B. Exhibit C. Exhibit D. Background Information Site Location Map Construction Cost Estimate Participation Agreement H~leo fi gen'O~.C,O'2~ g~ada Memo - MapleHillsSubd.-M Tuloao-Midway independent School District Page I of I ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Tuloso-Midway Independent School District (TMISD), owner and developer of Maple Hills Subdivision, Block 1, Lot 1, dedicated neighborhood park area (Lot 2) by plat. The subdivision plat is recorded in Volume 1450, Page 514 of the Deed Records of Nueces County, Texas. The public improvements were accepted by the City on June 14, 2001. The street improvements constructed by the developer are shown on Exhibit 'B', Site Location Map. The neighborhood park area is bounded on the east by 164.88 linear feet of Deer Run Drive pavement right-of-way. The improvements were constructed in accordance with plans and specifications approved by the City Engineer's designee for subdivision development. STREET PARTICIPATION REQUIREMENT: Platting Ordinance Section IV, Subsection G, 2, (j), provides that (1) "The araa of the park to be dedicated shall be measur6"l and calculated to the centerline of any street bounding said park within the subdivision" and (2) "The City is responsible for its pro-rata portion of the cost of curbs, gutters, sidewalks, and paving of any street bounding a public park in the subdivision being dedicated." Supporting construction costs taken from as-built quantities are shown in Exhibit 'C'. The City's share of costs must not exceed $10,779.99 for the street construction. FACTORS THAT DELAYED EXECUTION OF THE STREET PARTIClPATViN A~. REEMENT: The City's funds for participation in new subdivision street construction come from the Street Capital Projects Funds. Because of experienced budget shortfalls, in July 1999 the City Council approved deferral of 26 different accounts, including Subdivision Street Participation, pending Bond Election 2000. Therefore, no monies were available for participation in street construction for subdivision development when the plat for Maple Hills Subdivision, Block 1, Lot 1 was approved by the Planning Commission on January 5, 2000. Because City charter prohibits execution of a contract without certification by the City's Director of Finance on the availability of funds for the contract, the City's Engineering Department could not process the agreement for Maple Hills Subdivision, Block 1, Lot 1 as required. As the City Engineer's designee in subdivision plan review and approval, the S~:~.cial Services Engineer acknowledged the technical sufficiency of the subdivision plans, including, in principle, the adequacy of City share of street participation presented by the developer's Engineer. Through his Engineer, the Developer was made aware that Exhibit "A" I Page 1 of 2 funding of participation agreements had been deleted from the City's 2000-2001 budget in July 1999 and deferral made for up to three years, that the City's Legal Department had advised that City charter prohibits execution of a contract without certification by the City's Director of Finance on the availability of funds for the contract, and that the City's upper management was fully apprised of the situation and supportive of the need for the City to meet its fiscal obligation concerning this project when funds became available. The developer was fully aware that he was proceeding with the street construction at risk. CURRENT ACTION: The favorable outcome of Bond Election 2000 provided funds for Subdivision Street Participation in the current budget. Approval of this Ordinance by the City Council will allow the City Manager, or his designee, to execute the Participation Agreement as proposed to pay Tuloso-Midway Independent School District for the City's share of $10,799.99 of the public street improvements Exhibit "A" II Page 2 of 2 __J /,~'1 i'~1 I,~ /,..bi /~-. ~,~ ~,,,~...~ TMISD F / / / :d / NOT TO SCALE NOT TO SCALE £N~INEERIN{3 I PARTIC~AllON FOR PIJBMC STREET DEER RUN DRNE BLOCK 1, LOT 2 MAPLE HILLS CITY COUNCIL EXHIBIT B PAGE: 1 of 1 DATE: 02-15-02 Engine~. Chuck Urt=an By: Carter Reid Client: TMISD Park ParticiDaaon Estimate Lot 1, Block 1, Mal=te Hills Subdivision Job No. 34005.00.00 ITEM I DESCRIPfiuN I QMAN. + ~ UNIT I UNiT TOTAl. I 5% t PRICE PARK PAVING IMPROVEMENTS: I I t I ]Cl~--,.~an~tGrubt~R.O.W. I 0.13 I ACt $1,500.00 I $1~nn 2 I Rc~-wav Exc~,aik~ I 365 ICY } ~q nn I $!.n~'; nn 3 12"HMACInct. PHm=Coat I 3701 SY I ~nnl ~-~-~nn 4 t8"C~..iiStabi. CalicheOase 370 I SYI ~nn 5 i8" Lime Sta~. Sub~ad. 450 I SY ~q _r~ t $1.q75.00 6 t6"~.'Cur~ I 1481 LF ~R~I $1~04~0 7 14' C~ $idewm~ 584 I SF ~_~_ I $1.~18.40 ~ I I I PAVING SUB-i u i AI~ I I, ENGINEERING FEE ~7.5%: i i i ~ n~ ~ I I TOTAL PARK PAR~iPATION: I I $10,779.99 I ~ I I I I 1-512-854-3101 PARTICI2~ATION AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT is emered into between the City of Corpus Ch_dm (City), a Texas Home Rule Mumcipal Corporation, P. O. Box 9277, Corpus Christi. ~quecos County. Texas and Tuloso-Midwav Independent School District (DeveloperI, p. O. Box 10900. Corpus Christi, l;~xas. 78460-0900. ' WHEREAS, Developer has completed a subdivision known as Maple Hills Subdivision Block 1 Lot 1, being 16.778 acres of land out cfa 35.24 acre tract known as Tract 2, as recorded in Volume 1450, page 514, Deed Records of Nueces Counw., Texas; Smd 35.24 acre tract being a portion of the McKenzie 388.26 acre tract in the F.W. Shaeffer survey 417, abstract 571. in the Sha~ffer Survey 419, abstract 570, and in the A.E. Spohn Survey 422, abstract 1~50, Nuoces County, Texas; and WHEREAS. Developer has submitted a plat. in compliance with the provisions of the City. Platting Ordinance. Section IV, SubseCUon F., which dedicates a pomon of Maple Hills Subdivision Block I Lot I for use as Parks and Playgrounds; and NOW, THEREFORE, in order to provide a coordinated land development and slr~t construction project, *he City and Developer agree as follows: Developer has constructed certain improvements for and on behalf of the City inch,dl.g pavoment and sidm~alks on Deer Run Drive, which bounds the above deSCnbed dedicated pa~, as depicted in mdn~it 'B'. The improvements have been constructed in accordance with the ptan~ and spocffieaXious approved bythe City Engineer. This Agreement will be null and void ffthc im~mvem~t~ ar~ found not to be constrncted per the approved plans and specifications; the corrnctions will then be couhacted for and financed completely by the Developer. · For Mmple Hilk ~ubdivision Block I Lot 1, the total estima~ cost of the City's sha~ oflmblic street ~mprovem~a, as n;npicted in Exhibit 'C' is $10,779.99. The City. shall reimburse the Developer for the City's shaxe of the cost of public improveme~ for this developmem in the following manner a. Upon recordation of the final plat of Maple Hills Subdivision Block 1 Lot 1, ami final acceptance of public improvemems by the City Engineer, thc Developer will be paid for aet~l co~ of the City's ~ha~e, not to exceed $I0,779.99, of the required public improvements no than 60 calendar days fi'om the ,l=t. of lqnal ac~:~allcc by the City b. D*veloper must mdammfy and hold harmless the City, its' ag~% offie.~s and employes (Indon~i~i~s) from all suits, actions or claims and from all liability for any and all injori~ or . .d~ag~s sustained by any person, including, without limitation, worke~ compensation, p~mmal injury or death, arising from or incident to this stre~ construction developer msardless of cause or of any concurrent or couhibuling fault or neali~ of including Indenmities' sole negligence. Participation Agr~ment - Ma~le Hills Subdivision Block 1 Lot 1 Tuloso-Midvray Independent School District Page 1 of 2 Exhibit"D' I Page I of 2 The Agreement becomes effective and bindin~ upon and mutes to the benefit of the parties hereto and their heirs, successors, and assigns from and ~ffter the date of execution. EXECUTED IN TRIPLICATE originals, this __ A IA'EST: By: City. Secretary APPROVED: __Day of ,2001 day of ,2001. CITY OF CORPUS CHRISTI By: David Garci~_ City. Manager TULOSO-MIDWAY INDEPENDENT SCHOOL DISTRICT By:. Assistant City Attorney THE STATE OF TEXAS By: Stephen F. Waddell, SupCnntendent PaRicipaUon Agmcnmnt - Maple Hills Subdivision Block 1 Lot 1 Tuloso-Midway lndcpemi~nt School District Pag~ 2 of 2 Page 1 of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A PARTICIPATION AGREEMENT WITH TULOSO-MIDWAY INDEPENDENT SCHOOL DISTRICT, DEVELOPER, FOR PUBLIC STREET IMPROVEMENTS ON DEER RUN DRIVE, LOT 1, BLOCK 1, MAPLE HILLS SUBDIVISION, ABUTTING A DEDICATED PUBLIC PARK, IN ACCORDANCE WITH THE PLATTING ORDINANCE, NOT TO EXCEED $10,779.99 FOR CITY'S SHARE OF COSTS OF THE IMPROVEMENTS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the required funds having been appropriated, the City Manager, or his designee, is authorized to execute a participation agreement with Tuloso-Midway Independent School District, Developer, for public street improvements on Deer Run Drive abutting a dedicated public park not to exceed $10,779.99 for the City's share of the costs of the improvements. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (l) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 19th day of March, 2002. ATTEST: THE CITY OF CORF JS CHRISTI Armando Chapa, City Secretary Legal Form Approved March 14, 2002 James R. Bray Jr. City Att ey Doyle Dt,~urtis Senior Assistant City Attorney Samuel L. Neal, Jr., Mayor H:\L E G- D IR\D o y la D C u ri is \M Y DOC S~ 002\P &ZO R D 02\P a rticip a tie n A g re e rn e n t lO rd in a n c\Tulo so. IS D. M a pie H il. Is S u b d. Dee r R u n.O rd.~ AGENDA MEMORANDUM Februa~ 18,2002 SUBJECT: Participation Agreement- Cimarron Crossing Unit 5, Block 14, Lot 1 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a Participation Agreement with Corpus Christi Independent School District, developer of Cimarren Crossing Unit 5, Block 14, Lot 1, for public street improvements on Cimarron Boulevard in accordance with the Platting Ordinance, of which the City's share must not exceed $14,137.27 for said improvements; and declaring an emergency. ISSUE: Corpus Christi Independent School District (CCISD), developer of Cimarron Crossing Unit 5, Block 14, Lot 1, was required to complete construction of public improvements for plat recordation and is requesting compensation as proposed by the Participation Agreement (Exhibit D) for the upgrading of public street improvements to a Neighborhood C2 Collector with a 70-foot ROW along the subject property frontage. Reimbursement to CCISD will be made upon the acceptance of the completed public improvements. FUNDING: Funds are available in the Street Capital Projects Fund for the City's share of New Subdivision Street Construction. RECOMMENDATION: Staff recommends approval of the ordinance as presented and the encumbrance of $14,137.27 from the Street Capital Projects Fund for disbursement to the developer upon completion and acceptance of the improvements by the City. £ ~n~'el'R. Escobar, P.E. Director of Engineering Services Attachments: 1 Exhibit A. Exhibit B. Exhibit C. Exhibit D. Background Information Site Location Map Construction Cost Estimate Participation Agreement I H~leo~gen~AG02~Agenda Memo-CCISD. M ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Corpus Christi Independent School District (CCISD), owner and developer of Cimarron Crossing Unit 5, Block 14, Lot 1, upgraded existing Cimarron Boulevard along the subject property frontage to a Neighborhood C2 Collector with a 70-foot ROW in compliance with the platting ordinance. The subdivision plat is recorded in Volume 60, Page 1 of the Map Records of Nueces County, Texas. The public improvements were accepted by the City on October 14, 1999. The street improvements constructed by the developer are shown on Exhibit 'B', Site Location Map. The development area is bounded on the west by 497 linear feet of Cimarron Boulevard pavement right-of-way. Construction of the elementary school on the subject property created the need to upgrade the affected portion of Cimarron Boulevard from the standards for a Residential C1 Collector (2" HMAC, 6" Caliche Base, 8" Limed Subgrade, 40-foot B-B) to those of a Neighborhood C2 Collector (2" HMAC, 8" Caliche Base, 10" Limed Subgrade, 48-foot B-B). The improvements were constructed in accordance with plans and specifications approved by the Cit,,. STREET PARTICIPATION REQUIREMENT: Platting Ordinance Section V, Subsection B, 1, b), provides that "The City will pay additional construction costs with regard to pavement thickness greater than those of a Residential Collector street cress section for Neighborhood Collectors and Commercial Collectors to the extent permitted by the Texas Local Government Code, §§ 212.071 et. seq. Supporting construction costs taken from as-built quantities are shown in Exhibit 'C'. The City's share oi costs must not exceed $14,137.27 for the street construction. FACTORS THAT DELAYED EXECUTION OF THE STREET PARTICIPATION AGREEMENT: The City's funds for participation in new subdivision street construction come from the Street Capital Projects Funds. Because of experienced budget shortfalls, in July 1999 the City Council approved deferral of 26 different accounts, including Subdivision Street Participation, pending Bond Election 2000. Therefore, no monies were available for participation in street construction for subdivision development. Because City charter prohibits execution of a contract without certification by the City's Director of Finance on the availability of funds for the contract, the City's Engineering Department could not process the agreement for Cimarron Crossing Unit 5, Block 14, Lot 1 as required. Exhibit "A" Page I of 2 As the City Engineer's designee in subdivision plan review and approval, the Special Services Engineer acknowledged the technical sufficiency of the subdivision plans, including, in principle, the adequacy of City share of street participation presented by the developer's Engineer. Through his Engineer, the Developer was made aware that funding of participation agreements had been deleted from the City's 2000-2001 budget in July 1999 and deferral made for up to three years, that the City's Legal Department had advised that City charter prohibits execution of a contract without certification by the City's Director of Finance on the availability of funds for the contract, and that the City's upper management was fully apprised of the situation and supportive of the need for the City to meet its fiscal obligation concerning this project when funds became available. The developer was fully aware that he was proceeding with the street construction at risk. CURRENT ACTION: The favorable outcome of Bond Election 2000 provided funds for Subdivision Street Participation in the current budget. Approval of this Ordinance by the City Council will allow the City Manager, or his designee, to execute the Participation Agreement as proposed to pay Corpus Christi Independent School District for the City's share of $14,137.27 of the public street improvements. Exhibit "A" Page 2 of 2 AREA MAP NOT 'lO SCALE SITE OF CITY PARTICIPATION BISON I ~,~ENGINEERING J NO'I ,'fO SCalE PARTK~AllON A(~II~IENT FOR PUBUC CI#d~RON BOULEVARD BLOCK 14, LOT 1 CIMARRON CROSSING UNIT 5 CITY COUNCIL EXHIBIT B PAGE: I of 1 DATE: 02-14-02 Engineer: Chuck Urban By: Carter Reid Client: CClSD Cost Estimate for Paving Improvements Block 14, Lot I Cimarron Crossing Unit Date: 8-28-99 Job No. 24158/98.03 TEN DESCRIPTION QUAN. + UNIT UNIT TOTAL 8% PRICE COST BASE BID A. PAVING IMPROVEMENTS I Clearin~l and Grubbin~l 0.34 AC $2,000.00 $680.00 2 Excavation (On-site) lr132 CY $2.50 $2,830.00 3 2" HMAC 1,335 SY $5.80 $7~743.00 4 Prime Coat 1,335 SY $0.40 $534.00 5 8" Crushed Stone 1,276 SY $10.00 $12,760.00 6 10" Lime Sub~lrade 5% 1,508 SY $5.10 $7r690.80 7 6" L-Curb 522 LF $10.00 $5~220.00 8 5' Tied Sidewalk 2,610 SF $3.20 $8~352.00 9 Haul In & Compact Select Fill 600 CY $7.60 $4~560.00 10 Commercial Driveway 20' width 1 EA $2,425.00 $2~425.00 11 Commercial Driveway 30' width 2 EA $2,710.00 $5,420.00 PAVING SUB-TOTAL $58,214.80 B. DRAINAGE IMPROVEMENTS I 5' Slot Inlet 1 EA $2,370.00 $2r370.00 2 18" RCP 9 LF $60.00 $540.00 3 OSHA Trench Protection 9 LF $2.00 $18.00 DRAINAGE SUB-TOTAL $21928.00 C. MISCELLANEOUS IMPROVEMENTS 1 Silt FenceA~ound Inlets 17 LF $6.00 $102.00 MISC. SUB-TOTAL $102.00 TOTAL IMPROVEMENTS $61,244.80 D. RESIDENTIAL COLLECTOR SECTION 1 Cleerin~l and Grubbinc, I 0.34 AC $2,000.00 $680.00 2 Excavation (On-site) 713 CY $2.50 $1,781.25 3 2" HMAC 1,108 SY $5.80 $6,426.40 4 Prime Coat 1,108 SY $0.40 $443.20 *5 6" Compacted Caliche Base 1,312 SY $6.00 $7,872.00 *6 8" Compacted Lime Stab. Sub~lrade 1,312 SY $3.00 $3,936.00 8 6" L-Curb 522 LF $10.00 $5,220.00 9 4' Sidewalk 2,100 SF $3.00 $6,300.00 10 Haul In & Compact Select Fill 600 CY $7.60 $4,560.00 RESIDENTIAL COLLECTOR SUB-TOTAL $37,218.85 Cost~ Ceilinq~ -'IGHBORHOOD COLLECTOR CONSTRUCTION $50,369.80 $15,110.94 CITY PARTICIPATION ELIGIBILITY 1.075 LS $13,150.95 $14,137.27 1 - Does not include cost of itmes A. 10 and A. 11 2- Equals 30% maximum regulatory participation limit Urban Engineering I Exhibit"C" 2725 Swantner Page 1 of 1 Corpus Christi, TX. 78404 (361) 991-3582 PARTICIPATION AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT is entered into between the City of Corpus Christi (City), a Texas Home Rule Municipal Corporation, P. O. Box 9277, Corpus Christi, Nueces County, Texas, and Corpus Christi Independent School District (Developer), P. O. Box 110, Corpus Christi, Texas, 78403-0110. WHEREAS, Developer has completed a subdivision known as Cimarron Crossing Unit 5, Block 14, Lot 1, being 11.34 acres of land, a plat of which was filed for record in Volume 60 page l of the Map Records of Nueces County, Texas; and WHEREAS, Developer, in compliance with the provisions of the City Platting Ordinance, is required to dedicate the right-of-way for Cimarron Boulevard, and to improve one half of Cimarron Boulevard to the minimum standards of the Platting Ordinance; NOW, THEREFORE, in order to provide a coordinated land development and street construction project, the City and Developer agree as follows: Developer has constructed certain improvements for and on behalf of the City, including pavement m,~ sidewalks on Cimarron Boulevard, which bounds the above described plat, as depicted in exhibit 'B'. The improvements have been constructed to the minimum standards required for a Neighborhood C2 Collector as requested by the City as an upgrade from the usual minimum standards of a Residential C1 Collector in order to serve the traffic needs of the elementary school. The improvements have been constructed in accordance with the plans and specifications approved by the City Engineer. This Agreement will be null and void if the improvements are found to be not constructed per the approved plans and specifications; the corrections will then be contracted for and financed completely by the Developer. For Ci~ 'arron Crossing Unit 5, Block 14, Lot 1, the total estimated cost of the City's share of public street imtJx'ovements, as depicted in Exhibit 'C' is $14,137.27. The City shall reimburse the Developer for the City's share of the cost of public improvements for this development in the following manner: a. Upon recordation of the final plat of Cimarron Crossing Unit 5, Block 14, Lot 1, and final acceptance of public improvements by the City Engineer, the Developer will be paid for actual costs of the City's share, not to exceed $14,137.27 of the required public improvements. b. Developer must indemnify and hold harmless the City, its agents, officers and employees (Indemnities) from all suits, actions or claims, and from all liability for any and all injuries or damages sustained by any person, including, without limitation, workers compensation, personal injury or death, arising from or incidental to this street construction developer agreement, regardless of cause or of any concurrent or contributing fault or negligence of Indemnities, including Indemnities' sole negligence. Exhibit "D" Page 1 of 2 The Agreement becomes effective and binding upon and insures to the benefit of the parties hereto and their heirs, successors, and assigns from and after the date of execution. EXECUTED 1N TRIPLICATE originals, this ATTEST: By: City Secretary APPROVED: __ Day of _, 2002 day of ,2002. CITY OF CORPUS CHRISTI By:. David Garcia, City Manager CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT By: Assistant City Attorney THE STATE OF TEXAS By: Superintendent Exhibit "D" Page 2 of 2 Page 1 of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A PARTICIPATION AGREEMENT WITH CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT, DEVELOPER, FOR PUBLIC STREET IMPROVEMENTS ON CIMARRON BOULEVARD, LOT 1, BLOCK 14, UNIT 5, CIMARRON CROSSING ,, IN ACCORDANCE WITH THE PLATTING ORDINANCE, NOT TO EXCEED $14,137.27 FOR CITY'S SHARE OF COSTS OF THE IMPROVEMENTS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the required funds having been appropriated, the City Manager, or his designee, is authorized to execute a participation agreement with Corpus Chdsti Independent School District, Developer, for public street improvements on Deer Run Drive abutting a dedicated public park not to exceed $14,137.27 for the City's share of the costs of the improvements. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (l) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 19th day of March, 2002. ATTEST: THE CITY ¢~.'- CORPUS CHRISTI Armando Chapa, City Secretary Legal Form Approved March 14, 2002 James R. Bray Jr. City Atf~.~ /~ ,/~, ..../--~ Doyle D.~urtis Senior A§sistant City Attorney Samuel L. Neal, Jr., Mayor H:\LEG-DIR\DoyIeDC urtis~4YDOCS~2002~P&ZORD02\Participationag r eement\Ordina nc\CCtSD.Cimarron.Crossing. Unit5.Cimarron. Blvd-Oxd-wpd AGENDA MEMORANDUM DATE: March 19, 2002 SUBJECT: I.H. 37 Park--Belden. (Project No. 3188) AGENDA ITEM: Ordinance appropriating $260,000 from the Unappropriated Street Assessments in Street Capital Projects Fund No. 3530 for a construction contract for IH-37 Park-Belden Street; amending Ordinance No. 024730 which adopted the FY2002 Capital Budget to increase appropriations by $260,000; and declaring an emergency. Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $333,442.70 with Garrett Construction for I.H. 37 Park-- Belden Street Improvements. (Project No. 3188) ISSUE: With the completion of the Federal Courthouse, the park area surrounded by Belden Street, Chaparral Street, Water Street and IH 37 has been vacated by the Federal Courthouse contractors and is now ready to be completed. FUNDING: Funds for this project are available in the Park & Recreation Capital Improvement Budget and from Street Assessment Appropriations. RECOMMENDATION: Staff recommends approval of the motion as presented. //,,/ 'Marco A. Cisneros .~/~,--'~/~K_.'Angel Director of Park & Recrea- tion -- -- R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit "C" Bid Tab Summary Exhibit "D" Location Map ~'~N GINEERING~DAT^ 1 ~HOME~LYN DAS~G E N'~ARKS~ 188 - BELDEN IMPROVE ME N TSV~,IEMO.DOC AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: I.H. 37 Park--Belden. (Project No. 3188) PRIOR COUNCIL ACTION: July 28, 1998 - Authorization to execute a two year use privilege agreement with Fulton Construction/Coastcon Corporation for use of park land as a storage area. (Ordinance No. 023395) January 15, 2002 -Approval of the FY 2001 -2002 Capital Improvement Budget for $152,647,800. (Ordinance No. 024730) PRIOR ADMINISTRATIVE ACTION: September 06, 2001 - Execution of a small agreement for with Robert Gignac Landscape Architecture for a total fee not to exceed $3,413 for landscaping services associated with IH 37 Park - Belden Street Improvements. January 21, 2001 - Execution of a small agreement with Bass & Welsh Engineering for a total fee not to exceed $3,400 for engineering services associated with IH 37 Park - Belden Street Improvements. FUT~RE COUNCIL ACTION: Not A.~ticipated PROJECT BACKGROUND: The Bayfront Improvement Projects consisting of the IH 37-Park, the Shoreline Blvd./IH-37 Intersection and the Bayfront Parks have been completed. The IH-37 Park project includes an area between Water Street, Mesquite Street, Belden Street and IH-37 and the medians in IH-37 from Mesquite Street to Shoreline Blvd. City Council approved a Use Privilege Agreement with Fulton Construction Company, the construction contractor for the new federal courthouse to use a portion of the park area as a construction storage yard while the courthouse was under construction. As a result, the portion of the project surrounded by Belden Street, Chaparral Street, Water Street and IH- 37 was not to be bid until the courthouse was completed. Fulton Construction/Coastcon Corporation has vacated the site. H:\HOME\KEVINS\GEN\STREETS\BELDEN\BACKGROUND DOC EXHIBIT "A" II Page 1 of 3 Plans and specifications are complete to construct the expanded scope of improvements consisting of landscape/irrigation improvements, parking lot and widening of Belden Street. The project will enhance the Courthouse and entrance into the City through improved landscaping and additional parking. The expanded scope of improvements was presented to the Park and Recreation Advisory Committee at their Wednesday, March 13, 2002 meeting. The Committee passed a motion to take the General Services Administration and U.S. Marshall's Office concerns about security into consideration to: · emphasize the use of this area as a greenbelt; and · avoid any future expansion of the proposed parking lot. Representatives from the General Services Administration (GSA) and U.S. Marshall's Office were present at the Advisory Committee meeting. They expressed concern that vehicles could use the proposed ten-foot (10') wide sidewalk. A change order will be issued to install five-inch (5") diameter galvanized pipe bollards with a height of four-feet (4') in the center of the sidewalk. The GSA, Federal Judges, Court Administrator and U.S. Marshall's Service reviewed the project design. PROJECT DESCRIPTION: This project consists of widening Belden Street, concrete sidewalks, concrete curb ramps, curb inlets, flexible base pavement, concrete parking lot, landscaping, irrigation and RCP pipe installation and other related items in accordance with the plans, specifications and contract documents. BID INFORMATION: This project consists of Base Bid Part A with one additive alternate and Base Bid Part B with two additive alternates. Base Bid Part A provides for landscaping and ~rrigating the existing area with only minor asphalt repairs, while Base Bid Part B consists of widening Belden Street, adding concrete sidewalks, curbs and parking lot with associated landscape and irrigation improvements. The city received one bid on March 8, 2002. The bid is as follows:. (See Exhibit C). · Base bid price: $266,777.60 · Additive Alternate No. 1:$46,266.50 · Additive Alternate No. 2:$20,398.60 The Engineer's construction estimate for the base bid was $295,000. Garrett Construction is experienced with projects of this type and has successfully completed numerous City projects. The base bid received is within budget and within the engineer's estimate of probable cost ($295,000). Based on funding, it recommended the H:\HOME~KEVINSIGENtSTREETS\BELDEN\BACKGROU ND DOC EXHIBIT "A" Page 2 of 3 IH-37 Park - Belden Street Project base bid and two additive alternates be awarded. RECOMMENDATION: Approval of the motion as presented. CONTRACT TERMS: The contract specifies that the project will be completed in 195 calendar days, with completion anticipated by late October 2002. FUNDINC: Funds for this project are available in the Park & Recreation Capital Improvement Budget and from Street Assessment Reserves. H:\HOME\KEViNS\GEN\STREETS\BELDEN\BACKGROUND.DOC EXHIBIT "A" I Page 3 of 3 IH 37 PARK - BELDEN STREET (#3188) PROJECT BUDGET March 19,2002 FUNDS AVAILABLE Park Capital Improvement Budget ................................ $ 127,000 Street Assessments ................................................... 260,000 Total ...................................................................... $ 387,000 FUNDS REQUIRED Construction (base bid estimate) .................................. 266,777.60 Construction (additive alternate #1 estimate) .................. 46,266.50 Construction (additive alternate #2 estimate) .................. 20,396.60 Contingencies ........................................................... 33,000 Consulta~ (Robert Gignac) ......................................... 1,200 Engineering Reimbursements ...................................... 5,000 Administrative Reimbursements ................................... 3,000 Testing .................................................................... 5,000 Incidental Expenses (Printing, Advestising) .................... 3,500 TOTAL .................................................................... $ 384,143 EXHIBIT "B" Page 1 of 1 TABULATION OF HIDE Page 1 of 10 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Angel R.Escobar, P.H., Director of Engineering Services DATE: Friday, March 8, 2002 TIME OF COMPLETION: 60 CD/135 CD ENGINEER'S ESTIMATE: $295,000 (BB) IH 37 Park Belden Street Project No. 3188 Garrett Construction Co. P.O.Box 1028 Ingleside, TX 78362 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Part "A- 0.00 0.00 Demolition A-1 Remove curb and gutters 100 LF 5.60560.00 0.00 0.00 A-2 Remove coicrete/asphalt 1,450 SF .80 1,160.00 0.00 0.00 pavement & driveway *-3 Remove concrete sidewalk 1,200 SF .90 1,080.00 0.00 0.00 P, .4 Remove storm drain inlet 0 LS .00 0.00 0.00 0.00 and plug storm 'fi"ins R,move lighting Poles, 1 LS 1,700.00 1,700.00 0.00 0.00 transformer, control bos, and foundations Paving and Sitework 0.00 0.00 4 6 Concrete sidewalk with 3,200 SF 7-70 24,640.00 0.00 0.00 exposed limestone aggregate and header curb A-7 Concrete sidewalk with 7,700 SF 3.60 27,720.00 0.00 0.00 broom finish (city standard) A 8 Concrete curb and gutter 210 LF 20.30 4,263.00 0.00 0.00 A-9 Header curb at parking lot, 0 LF .00 0.00 0.00 0.00 including caliche base A 10 Handicap ramp 600 SF 6.00 3,600.00 0.00 O.C.- A-11 Concrete driveway 0 SF .00 0.00 TABULATION OF BIDS Page 2 of 10 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Angel R.Escobar, P.E., Director of Engineering Services DATE: Friday, March 8, 2002 TIME OF COMPLETION, 60 CD/135 CD ENGINEER'S ESTIMATE: $295,000 (BB) IH -37 Park Belden Street Project No. 3188 Garrett Construction Co. P.O.Box 1028 Ingleside, TX 78362 RIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT rA-12 I!HMAC Type "D"overlay with 100 SV19.00 1,900.00 coat, 1 1/2" averageh 0.00 0.00 A 13 Handicap parking sign and 0 EA .00 0.00 post 0.00 0.00 A 14 4" wide painted white strip 0 LF 0.00 .00 0.00 0.00 A 15 Painted handicap parking 0 EA .00 0.00 symbol 0.00 0.00 A-16 2" irrigation sleeve bored 0 LF .00 0.00 under driveway 0.00 0.00 Lands ng 0.00 0.00 A 17 Live Oak trees 12 EA 500.00 6,000.00 0.00 0.00 A-18 Washington Fan Palm 35 EA 300.00 10,500.00 0.00 0.00 A 19 Cocos Australis Palm 0 EA .00 0.00 A 20 Ornamental Date Palm 0 EA .00 0.00 A-21 Mesquite Trees 14 EA 330.00 4,620.00 A-22 Indian Hawthorn 25 EA 30.00 750.00 A 23 Coppertone Loquat 0 EA .00 0.00 A-24 Mediterranean Fan Pal. 2 EA 420. 840.00 A 25 Petite Oleanders 0 EA .00 0.00 A 26 Yellow Buttercup 43 EA 9.00 387.00 A-27 Algiers Oleander 0 EA -00 0.00 TABULATION O1 BIDS Page 3 of 10 DEPARTMENT ^., :LIEERIMG - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: "gal R.Eecobar, P.B., Director of Engineering Services DATE: Friday, March 8, 2002 TIME OF COMPLETION: 60 CD/135 CD ENGINEER'S ESTIMATE: $195,000 (BB) IH -37 Park Belden Street Project No. 3188 Garrett Construction Co. P.O.BOx 1028 Ingleside, TX 78362 DRSCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A 28 Yucca 2 EA 36.00 72.00 A-29 Green Carpet Natal Plum 80 EA 9.00 020.00 A-30 Boxwood Beauty Natal Plum 90 EA 9.00 810.00 A 31 Sago Palm 5 EA 120.30 601.50 A-32 Hibiscus 0 EA .00 0.00 A-33 Transplanting existing 1 EA 601.40 601.40 trees A-34 Hydroseeding 65,550 SF .10 6,555.00 A-35 Topsoil (Loose measure), 2,000 CY 16.80 33,600.00 installed A 36 Aluminum edging 50 LF 4.20 210.00 A 37 Bed preparation 1,501 SF .60 900.60 A 38 Planting mix 25 CY 42.10 1,052.50 ,Vn 'Pnp di Desi ng Gnu lrli) fog 10 ('1' 10B.30 1,083.00 planting beds Irrigation Systems A-40 Rotary spray heads 85 EA 99.80 8,483.00 A-41 Pop-up spray heads 0 EA .00 0.00 A-42 Electric valves 9 EA 348.80 3,139.20 TABULATION OF BIDS Page 4 of 10 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Angel R.Escobar, P.S., Director of Engineering Services DATE: Friday, March 8, 2002 TIME OF COMPLETION: 60 CD/135 CD ENGINEER'S ESTIMATE: $295.000 (BS) I1-1-37 Park Garrett Construction Co. Belden Street P.O.Box 1026 Project No. 3188 Ingleside, TX 78362 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A43 Main line, 2 1/2" diameter, 400 LF 7.80 3,120.00 including sleeves, bends and fittings A-44 Subsurface drip irrigation, 610 LF 6.10 3,721.00 including sleeves, bends and fittings A.-45 Quick coupler valves 6 EA 246.60 1,479.60 A16 Gate valves, 2 1/2" 3 EA 228.50 685.50 diameter Miscellaneous A 47 Smoq delay (ozone day) 1 EA 2,409.6; 2,409.60 P. 48 Traffic Control Plant and 1 LS 1,202.80 1,202.80 Traffic control during construction TOTAL BASE BID PART "A„ $160,166.70 A-AA1-1 Flood Bubbler Irrigation 1 LS 6,170.50 $6,170.50 System for Trees SUB TOTAL BASE BID PART A $160,166.70 SUB TOTAL ADD ALT #1 PART A $6,170.50 TOTAL PART A $166,337.20 TABULATION OF BIDS Page 5 of 10 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Angel R.Escobar, P.B., Director of Engineering Services DATE: Friday, March 8, 2002 TIME OF COMPLETION: 60 CD/135 CD ENGINEER'S ESTIMATE: $295,000 (BE) IH -37 Park Belden Street Project No. 3188 Garrett Construction Co. P.O.Box 1028 Ingleside, TX 78362 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Part "B" e-1 R/C Wheel Stops 4 EA 73.50 294.00 B-2 6" R/C Curb and Gutter 492 LF 15.60 7,675.20 B-3 6" Thick R/C Driveway 333 SF 6.60 2,197.80 e 1 4" Concrete Sidewalk 5,310 SF 3.30 17,523.00 B 5 5" Thick Portland Cement 1,120 SY 59.40 66,526.00 Concrete Paving B-6 6" Concrete Header Curb 420 LF 6.20 2,604.00 B-7 Grate Inlet 2 EA 1,659.60 3,319.20 B-8 Standard 1' Curb Inlet 1 EA 2,166.20 2,166.20 R-9 15" RCP 65 LF .:3. ., 1,898.00 B 10 Excavation 3,371 SY 9.70 32,698.70 811 Adjust Sanitary Sewer 1 EA 602.90 602.90 Manhole B-12 3" Hma C, Type D 1,505 SY 12.30 18,511.50 B 13 8" Caliche Base 1,650 SY 12.00 19,800.00 B-14 8" Lime Stabilized Subgrade 1,650 SY 7.80 12,870.00 Landscaping 8-15 Live Oak Trees 5 EA 492.20 2,461.00 TABULATION OF BIDS Page 6 of 10 DEPARTMENT OF ENGINEERING - C177 OF CORPUS CHRISTI, TEXAS TABULATED BY: Angel R.Escobar, P.B., Director of Engineering Services DATE: Friday, March B, 2002 TIME OF COMPLETION: 60 CD/135 CD ENGINEER'S ESTIMATE: 0795,000 (BB) IH -37 Park Belden Street Project No. 3188 Garrett Construction Co. LP.O.Box 1028 Iggles ide, TX 78362 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT B-16 Washington Fan Palm 27 EA 196.90 5,316.30 8-17 Mesquite Trees 9 EA 307.60 2,768.40 B is Meditterean Fan Palm 4 EA 430.70 1,722.80 B 19 Petite Oleanders 52 EA 30.80 1,601.60 B-20 Green Carpet Natal Plum 754 EA 9.20 6,936.80 8-21 Hydromulching 58,500 SF 0.10 5,850.00 8 22 Aluminum Edging 384 LF 4.30 1,651.20 B 23 Bed Preparation 3,071 SF 0.60 1,842.60 824 Planting Mix 78 CY 43.10 3,361.80 B 25 Top Dressing (mulch) for 998 SY 2.50 2,495.00 Planting Beds B-26 Soil Sod Bermuda 20 CY 14.80 296.00 8-27 Berms (2) Topsoil and Sandy 1 LS 16,951.60 16,951.60 Loam Irrigation -Systems :ui Rotary Spray Heads B.'. EA 102.10 8,372.20 6 29 Pop-up Spray Heads 62 EA 50.50 3,131.00 8-30 Electric Valves 12 EA 381.40 4,576.80 TABULATION OF BIDS Page 7 of 10 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY, Angel R.Eecobar, P.E., Director of Engineering SerVicee DATE, Friday, March 8, 2002 TIME OF COMPLETION, 60 CD/135 CD ENGINEER'S ESTIMATE, $295,000 (BB) IH -37 Park Garrett Construction Co. Belden Street P.O.Box 1028 Project No. 31.88 Ingleside, TX 7B362 DESCRIPTI]N QTY. UNIT UNIT PRICE AMOUNT UN' -r PRICE AMOUNT UNIT PRICE AMOUNT B-31 Main Line 2 1/2" Diameter, 420 LF 2,352.00 including Sleeves, Bends, and Fittings B32 Quick Coupler Valves with 3 EA 239.90 719.70 Key R 33 Gate Valvesm 2 1/2" 2 EA 209.20 418.40 Diameter S 34 2" G 4" Irrigation Sleeves 28 LF 18.50 518.00 B-35 Testing 1 LS 1,353.50 1,353.50 Miscellaneous B-36 Smog Delay (Ozone Day) 1 EA 2,162.00 2,162.00 8-37 Traffic Control Plan and 1 LS 1,230.40 1,230.40 Traffic During Construction TOTAL BASE BID PART ^B" $266,777.60 B-AAl-1 Removal of Curb and Gutter 160 LF 5.30 648.00 B Ail] -2 Removal of Concrete 3,135 SF 1.80 5,643.00 Sidewalk and Pavement B-AA1-3 New Curb and Gutter 250 LF 17.70 4,425.00 B-AA1-4 New Concrete Sidewalk 1,670 SF 3.60 6,012.00 B-AA1-5 New Handicap Ramp with 240 SF 11.80 2,832.00 Truncated Domes TABULATION OF BIDS page B Of 10 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Angel R.Escobar, P.E., Director of Engineering Services DATE: Friday, March 8, 2002 TIME OF COMPLETION: 60 CD/135 CD ENGINEER'S ESTIMATE: $295,000 (BB) IH -37 Park Garrett Construction Co. Belden Street P.O.Box 1028 Project No. 3188 Ingleside, TX 78362 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE Me AMOUNT B AA16 Modify Existing Inlet to 2 EA 1,133.60 2,267.20 Junction Box B-AA1-7 5' Inlet 2 EA 2,166.20 4,332.40 B -AAI -B 10' Std. Inlet 2 EA 2,503.90 5,007.80 B -AAI -9 18" RCP 30 LF 49.90 1,497.00 B-AA.1-10 24" RCP 40 LF 50.50 2,020.00 B-AA1-11 Traffic Control 1 IS 1,230.40 1,230.40 B AA1-12 Pavement Repair 1 LS 10,151.70 10,151.70 TOTAL BASS BID ADD ALT #1 46,266.50 B AA2-1 4" Yellow, Solid 500 IF 0.90 450.00 (Thermoplastic) B AA2. 2 4" White, Solid 2,300 LF 0.90 2,070.00 (Thermoplastic) B-AA2-3 6" White, Solid 300 LF 1.90 570.00 (Thermoplastic) B /17.2 4 12" White Solid 400 LF 6.20 2,480.00 (Thermoplastic) B-AA2-5 Jiggle Bars Tiles Non 130 EA 11.10 1,443.00 Reflective B-AA2-6 Pavement Markers 40 EA 6.20 248.00 Reflectorized Type II -C TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Angel R.Escobar, P.E., Director of Engineering Services DATE: Friday, March 8,.2002 TIME OF COMPLETION: 60 CD/135 CD Page 9 of 10 ENGINEER'S ESTIMATE: $295,000 (BB) I11-37 Park Belden Street Project No. 3188 Garrett Construction Co. P.O.Box 1028 Ingleside, IX 78362 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT B-AA2-7 RS -3L (No Parking) w/ "Poz- 1 EA 338.40 338.40 Loc" Sign Support Post and Socket System B-AA2-8 R8 -3R (No Parking) w/ "Poz- 1 EA 338.40 338.40 LOC' Sign Support Post and Socket System B-AA2-9 R8 -3b (No Parking) w/ "Poz- 2 EA 338.40 676.80 Loc" Sign Support Post and Socket System P P,..' 10 R6-21, (One Way) w/ "Poz- 1 EA 338.40 338.40 Loc" Sign Support Post and Socket System B -A,12 11 R6 -2R (One -Way) w/ "Poz- 1 EA 338.40 338.40 Loc" Sign Support Post and Socket System B M2 12 R7-8 (Reserved Parking) w/ 4 EA 338.40 1,353.60 "Poz-Loc" Sign Support Post and Socket System B-AA2-13 R7 -Ba ($50-$200 fine w/out 4 EA 338.40 1,353.60 Permit) B-AA2-14 4" Cone. C)re Drilled 8 EA 400.00 3,200.00 w/18"-2 3.8" O.D. Galy, SCH 40 Thd. Stl. Pipe, 2 3/8" Galv. Stl. Coupler, 3/8" x4" H.H. Balt w/ 2H. Nuts TABULATION OF BIDS Page 10 of 10 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Angel R.Escobar, P.E., Director of Engineering Services DATE: Friday, March 8, 2002 TIME OF COMPLETION: 60 CD/135 CD ENGINEER'S ESTIMATE. $295,000 (BB) IH -37 Park Garrett Construction Co. Belden Street P.O.Box 1028 Project No. 3188 Ingleside, TX 78362 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT B AA2-15 12" Diameter Hole w/ Conc. 13 EA 400.00 5,200.00 6 18"2 3/8" O.D. Galt'. SCH 40 Thd. Stl. Pipe, 2 3/8" Galt'. Stl Coupler, 3/8" x 4" H.N. Bolt w/ 2 H. Nuts TOTAL BASE BID ADD ALT k2 20,398.60 SUB TOTAL PART B 266,777.60 SUB TOTAL ADD ALT #1 PART B 46,266.50 SUB TOTAL ADD ALT N2 PART B 20,398.60 TOTAL PART B 333.442.70 ~ Mproject ~ councilexhibits ~ exhZ 188.dwg IH57 PROJECT SITE N LEOPARD CORPUS CHRISTI BAY LOCATION MAP NOT TO SCALE I.H. 57 PARK IMPROVEMENTS CZP PROdECT # 3188 EXHZBT_ T N ,_T.H. 37 PARK BELDEN STREET CITY OF CORPUS CHRISTI, TEXAS CZTY COUNCZL EXHZBZT DEPARTMENT OF ENGINEERING SERVICES PA~E: I of 1 DATE: 05-07-2002 ORDINANCE APPROPRIATING $260,000 FROM THE UNAPPROPRIATED STREET ASSESSMENTS IN STREET CAPITAL PROJECTS FUND NO. 3530 FOR A CONSTRUCTION CONTRACT FOR IH-37 PARK-BELDEN STREET; AMENDING ORDINANCE NO. 024730 WHICH ADOPTED THE FY2002 CAPITAL BUDGET TO INCREASE APPROPRIATIONS BY $260,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $260,000 is appropriated from the unappropriated Street Assessments in Street Capital Projects Fund No. 3530 for a construction contract for IH-37 Park-Belden Street. SECTION 2. That Ordinance No. 024730 which adopted the FY2002 Capital Budget is amended to increase appropriations by $260,000. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emerge~:cy 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 ,2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor LEGAL FORM APPROVED ~ 12_ JAMES R. BRAY, JR. CITY ATTORNEY ,2002; By: Lisa Aguilar Assistant City Attorney AGENDA MEMORANDUM March 19, 2002 SUBJECT: Packery Channel Restoration (Project No. 5122) AGENDA ITEM: a. Ordinance Appropriating $80,000 from Revenues from Reinvestment Zone No. 2 in the Reinvestment Zone No. 2 Fund No. 1111, Amending Ordinance Number 024528 which Adopted the FY 2001-2002 Budget by increasing both revenues and appropriations by $80,000 in the No. 1111 Fund for engineering services for the Packery Channel partnering, technical review and U.S. Corps of Engineers consultation; and declaring an emergency. b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 in the amount of $22,240 to the contract for engineering services with Felix Ocanas, P.E. for the Packery Channel project. ISSUE: Additional support is required for partnering, technical review and consultations with the U.S. Corps of Engineers. This can best be accomplished by the amendment of the existing contract with Felix Ocanas, P.E.. The amendment requires Council action as the contract will exceed the $25,000 administrative limit. FUNDING: Funding is available from the Reinvestment Zone No. 2 Fund (1111). RECOMMENDATION: Staff recommends approval of the ordinance and motion as presented. ~'O~-Angel R. Escobar, P.E. Date-- Director- Engineering Services Attachments: Exhibit A - Additional Information Exhibit B - Contract Summary ADDITIONAL INFORMATION BACKGROUND: The Water Resources Development Act of 1999 authorized the North Padre Island Storm Drainage Reduction and Environmental Restoration project of which the City of Corpus Christi was the local sponsor. On Apdl 7, 2001, city voters approved a proposition to create a tax increment financing district on Padre Island with the intent to support the dredging and reopening of Packery Channel. The Corps of Engineers is responsible for all plan preparation and construction of the channel cleanout, jetty and bulkhead installation and beach renourishment. Construction is anticipated in the fall of 2002. Mr. Ocanas is retired from the U.S. Corps of Engineers and was also County Engineer for Nueces County. He has provided invaluable assistance, and been the pdmary liaison during monthly Program Review Board meeting held by the U.s. Corps of Engineers at Galveston, Texas. He has also reviewed project design and assisted with Texas General Land Office issues. PRIOR ADMINISTRATIVE ACTIONS: Several administrative contracts have been awarded to address: pre-project issues; · partnering meetings; ,, technical reviews; · consultations with the U. S. Corps of Engineer~' develop materials that the City was r~$p,3r'.s~D~.:..~ provide. Those contracts include: · June 23, 2000 - award of engineering services contract in an amount of $14,940 to Felix Ocar~as, P.E. for the North Padre Island Storm Damage Reduction and Environmental Restoration Project (No. 2123) FY2000-2001; · September 6, 2001. - award of engineering services contract in an amount of $22,240 to Felix Oca~as, P.E. for the North Padre Island Storm Damage Reduction and Environmental Restoration Project (No. 2123) FY2001-2002; , October 31, 2001 ~ award of architectural services contract in an amount of $15,000 to RandalI-Porterfieid Architects, Inc. for the North Padre island Storm Damage Reduction and Environmental Restoration Project (No. 2123) FY2000-2001; · June 25, 200i - award of engineering services contract in an amount of $14,800 to Shiner Moseley and Associates for the Packery Channel Restoration Project (No. 5122); October 16, 2001 - award of engineering services contract in an amount of $10,200 to Shiner Moseley and Associates for the Packery Channel - Partnering, Technical Review and U. S. Corps of Engineers Consultation (Project No. 5122); December 14, 2001 - award of a surveying services contract in the amount of $17,620 to Pyle & Associates, Inc. for the Packery Channel Project No. 5122; and · January 28, 2002 - award of an engineering services contract in the amount $19,376.32 to URS Corporation for design services to prepare construction documents, plans and specifications for use by the U. S. Corps of Engineers to install utility casings to cross Packery Channel. ~ February 26, 2002 - Ordinance appropriating $7,500 from revenues from Reinvestment Zone No. 2 Fund 1111. · February 26, 2002 - Motion authorizing the City Manager or his designee to execute an amendment for engineering services with Shiner Moseley and Associates in the amount of $15,000 for the Packery Channel partnering, technical review and U. S. Corps of Engineers consultation. H:\HOME\KEVIN S\GEN~PACKERY~aeocan2.bkg.doc Exhibit A Page 1 of 2 FUNDING: Funding is available from unappropriated Packery Channel tax revenues (Reinvestment Zone No. 2 Fund 1111). The FY2001-2002 Budget appropriated $60,000 for activities associated with Packery Channel. The tax increment zone is performing well with current revenues exceeding $154,300. REQUIRED COUNCIL ACTION: Council is requested to approve the ordinance and motion as presented. Exhibit A Page 2 of 2 H:~HOM E\KEVINS~GEN~PAC KERY~aeocan2.bkg,doc '--T rrr- ~ r ~ Exhibit B Contract Summary The City of Corpus Christi, Texas hereinafter called "City", and Felix H. Ocanas, Jr., P. E., hereinafter called "Engineer", agree to the following amendment to the Contract for Engineering Services as administratively authorized September 6, 2001. Section 5, FEE is amended to read: 5. FEE The City will pay the Consultant an additional not to exceed fee of $22,240 for restated total not to exceed fee of $44,480.00. The fee will be full and total compensation for services and all expenses incurred in performing these services. Consultant will submit monthly invoices for basic services rendered. The invoice will be based upon the Consultant's record of services actually completed at the time of billing. The basis of billing will be $60.00 per hour. Travel and per diem expenses will be reimbursed at actual cost as evidenced by photocopies of receipts. Mileage will be reimbursed at $0.365 per mile or current approved I.R.S. rate. The total fee consists of the original contract fee and an additional fee authorized by this amendment of the contract. Ail other terms and conditions of the September 6, 2001 contract, as amended, between the City and Consultant will remain in full force and effect. Amendment No. 1 - Felix Ocanas, P.E. Page 1 of 1 AN ORDINANCE APPROPRIATING $80,000 FROM REVENUES FROM REINVESTMENT ZONE NO. 2 IN THE REINVESTMENT ZONE NO. 2 FUND NO. 1111, AMENDING ORDINANCE NUMBER 024528 WHICH ADOPTED THE FY 2001-2002 BUDGET BY INCREASING BOTH REVENUES AND APPROPRIATIONS BY $80,000 IN THE NO. 1111 FUND FOR ENGINEERING SERVICES FOR THE PACKERY CHANNEL PARTNERING, TECHNICAL REVIEW AND U.S. CORPS OF ENGINEERS CONSULTATION; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That $80,000 is appropriated from the revenues from Reinvestment Zone No. 2 in the Reinvestment Zone No. 2 Fund No. 1111 for engineering services for the Packery Channel Partnering, Technical Review and U.S. Corps of Engineers Consultation. SECTION 2. That Ordinance No. 024528, which adopted the FY 2001-2002 budget, is amended by increasing both revenues and appropriations by $80,000 in the No.1111 Fund. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (i) 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 ,2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretm'y Samuel L. Neal Mayor LEGAL FORM APPROVED *./--, 2002; JAMES R. BRAY, JR. CITY ATTORNEY By: Lisa Aguilar~ Assistant City Attorney AGENDA MEMORANDUM March 11, 2002 AGENDA ITEM: Ordinance approving $79,424.55 from B.R. Scogin as developer's cash contribution for in lieu of street construction of a 450-foot segment of an enhanced County Road 52 (with supporting public utility infrastructure), as required by development of Lot 1, Scogin Tract; providing adjustment for fee simple dedication of right-of-way required by the City for future arterial "through" street and major utility corridor; and establishing a separate subaccount for said street in the City interest-bearing account in the Infrastructure Trust Fund for deposit of developer's contribution; and restricting said monies for completion of "improvements" when the arterial is ready for construction as an obligation of platting and development of properties east of Lot 1, Scogin Tract or as an obligation of a City Capital Improvement Project; and declaring an emergency. ISSUE: The best interests of the public will be served if street infrastructure construction is deferred until such time as the future urban arterial is ready for construction as an obligation of platting and development of properties east of Lot 1, Scogin Tract or as an obligation of a City Capital Improvement Project. REQUIRED COUNCIL ACTION: Council must approve the amount of money paid as cash in lieu of street construction. RECOMMENDATION: Staff recommends approval of the ordinance as presented. ATTACHMENTS: Exhibit A. Exhibit B Exhibit C ]~Ol2-'Angel R. Escobar, P.E. Director of Engineering Services Background Information Site Plan Supporting Data and Cost Estimates AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Background and Requirements of Platting of Scogin Tract, Lot 1. Mr. B.R. Scogin, owner of Jennings Chevrolet in Robstown, Texas has purchased and platted Lot 1, Scogin Tract, with the intent of building a new car dealership. The 6.1995 acre tract (600' frontage and 450' depth) is located on the east side of U.S. Highway 77 where County Road (C.R.) 52 intersects, 0.60 miles south of F.M. Road 624. (See Exhibit B, Site Plan). Access Ford (formerly Bob Lacy Ford) is the developed property on the north side of Scogin Tract. Heritage West Home (Premanufactured) Park adjoins Scogin Tract on the east side. The plat was approved by the Planning Commission on August 2, 2000 but has received an extension since then. The reason for the extension was that Mr. Scogin was not ready to begin his project, and the City was changing the requirements as it amended the Northwest Area Development Plan and the Transportation Plan. The strategic planning and focus of the City, the Texas Department of Transportation (TxDOT), and other interested entities as applies to the Scogin Tract dealt with proposals to enhance C.R. 52 to a City "through" stre,-t on both sides of U.S. Highway 77, and establishing a grade separation at the Highway 77~C.R. 52 juncture. The City's current emphasis is to improve C.R. 52 west of U.S. Highway 77 to relieve the traffic congestion occurring in F.M. 624 and to establish the groundwork for the eastward extension of the future urban street. Currently, C.R. 52 exists only west of U.S. Highway 77. The eastward extension of an improved C.R. 52 would totally lie east/west within Lot 1, Scogin Tract, along its north end. The requirement when the plat was approved by the Commission called for dedication of the right-of-way width for a Neighborhood Collector Street (4R' B-B in a 70-foot right-of-way) including added width at its approach to Highway 77 for a right tL'n lane and a left through turn lane, and street construction (street deferment with money ir~ ileu of construction was being considered). In accordance with the Platting Ordinance, the )wner would be burdened with the costs of a pavement section equivalent to that of a Residential Collector (2" HMAC, 6" caliche base, and 8" lime stabilized subgrade), with the City required to pay additional construction costs with regard to pavement thickness greater than required for the Residential Collector. A Pavement Participation Agreement would be required for the developer to be reimbursed for the added cost. At the time the plat was approved, however, the City could not favorably consider participation because of the budget shortfall which was experienced in July 1999 in the Street Capital Projects Funds. Bond Election 2000 ratified this situation, contingent upon the approval and issuance of General Obligation Bonds in the March-April 2001 timeframe. However, no action was taken because the developer's plan was in a state of flux and the City's actions on amending Transportation Plan requirements were still ongoing. Recent Developments and Changed Requirements. Since its amendment on January 9, Exhibit A Page 1 of 3 1 r ' I1 .... f T 2001, the Transportation Plan now calls for C.R. 52 to be accomplished as an arterial section (Type A5, 72' B-B in a 100-foot right-of-way) rather than the collector cross-section identified during platting. With the inclusion of a right turn lane and a left through turn lane and median at the approach to Highway 77, the pavement section vades from 86' B-B close to Highway 77 to the 72'B-B at the eastern end (rear) of the property, maintaining a 100-foot right-of-way for the full (450') depth of the property. Under normal circumstances, the subdivider would be required to provide all the necessary right-of-way and to construct the wider pavement section, with the City paying additional construction costs with regard to pavement thickness greater than those of a Residential Collector street cross section. After considerable deliberations concerning the additional requirements, City Staff determined that the developer should not be burdened beyond the requirements identified at the time of platting. Therefore, the discussions and coordination have focused on: 1)limiting Mr. Scogin's obligation to the dedication of the right-of-way and the street construction required when the plat was approved by the Planning Commission, and 2) determining the process or method by which the City can acquire the additional right-of-way to accomplish the future arterial section the Transportation Plan now requires. The eastward projection of C.R. 52 from the west side of Highway 77, through the Scogin tract for the establishment of an arterial, will create dead space between the north right-of-way limit of the future street section and the common property line between Scogin Tract and the property of Access Ford. In discussions with TxDOT during the December 2001 and January 2002 timeframe, the City requested that TxDOT consider revising plans being drafted for the four lane U.S. 77 freeway to adjust the intersection alignment northward to reduce the burden on Mr. Scogin. The TxDOT engineers were not openly supportive of the idea because plans for a 2.33 mile segment of Highway 77 were nearly complete and would probably cost $30,000 to $50,000 for the consultant's redesign efforts, a cost which the City would have to bear. Additionally, the project let date of August 2002 would experience at least three months delay. Coincidentally, on January 11, 2002 advance information was provided by consultant James K. Lontos, which supports the need for additional right-of-way of 20' to 30' along the 100' right-of-way being required for the future arterial. Route analyses for a 16" gas transmission main and a sanitary sewer trunk line to provide future City service to the area west of U.S. Highway 77 and south of F.M. 624 identify the need for setting aside room for a major utility corridor at this time. The Engineering Department's Land Acquisition Activity favored approaching Mr. Scogin to secure the additional right-of-way. Mr. Scogin is agreeable to granting the additional right-of-way for the proposed street section and the utility corridor in lieu of paying for an equal amount of street improvements, provided that he fully recovers the prorated per acre purchase cost plus the corresponding investment of water and wastewater acreage fees required for platting. He wants to finalize the plat immediately to obtain building permits. Mr. Scogin has provided documentation showing he purchased the property on February 7, 2001 for $25,654.14 an acre. The additional investment for water and wastewater acreage fees is $1,922 per acre. Therefore, his total investment is $27,576.14 per acre. The additional requirements were calculated to be 0.604 acres (26,311.11 s.f.) for the street right-of-way. Exhibit A Page 2 of 3 This additional taking of right-of-way will accommodate all future City needs for street construction and utility placements. Therefore, Mr. Scogin's asking price is $16,655.99 (0.604 acres x $27,576.14/acre). Determination to Collect Money in Lieu of Construction. As previously stated, the City's current emphasis is to improve C.R. 52 west of U.S. Highway 77 to relieve the traffic congestion problem in F.M. 624 and to establish the groundwork for the future extension of the thoroughfare eastward of Highway 77. Staff has determined that it is not prudent to construct the 450-foot dead-end street on the Scogin tract until sometime in the future when its eastward extension and use can be assured through development or the City's Capital Improvement Program. To construct the street segment now would probably result in deterioration due to lack of use. Additionally, there is the possibility that cutting of pavement would be required to install storm water or other utility infrastructure to serve the area west of Highway 77. Studies are currently underway to identify those requirements. Therefore, Staff has determined that the best interests of the public will be served if street construction is delayed. Mr. Scogin is willing to make payment on a cash in lieu of construction for the obligation as required by the platting of the property provided that the monetary amount due the City is adjusted to compensate him for the additional right-of-way dedication needed by the City as previously discussed. This delayed arrangement can be entered into because the platted property will have water service, sa;~itary sewer service, and access to existing street infrastructure as required by the Platting Ordinance. The plat being processed for recordation will reflect the total right-of-way dedication needed. The Director of Engineering Services has determined that City participation by payment into the Infrastructure Trust Fund by the City is not required and that the engineering staff will be crafting strategies and plans for the future accomplishment of this segment of the thoroughfare. The developer's contribution in lieu of construction under the arrangements described above is .$Z.,9_~,~,5_. The engineering cost estimate provides technical data and costs (See Exhibit C, Supporting Data and Cost Estimates). Condition. This Ordinance will relieve B.R. Scogin t,'om any future obligation to construct any of the aforementioned public improvements as it relates to Scogin Tract, Lot 1. Staff Recommendation. Staff recommends approval of the ordinance as presented. Exhibit A Page 3 of 3 ./ 624. J ~SITE CR 52 LOCATION MAP NTS ROW DEDICATION FOR COLLECTOR REQUIRED BY ORIGINAL PLAT, APPROVED BY PLANNING COMMISSION ON AUG. 2, 2000 0.888 DC. (38,701.14- sf.)I , PROI~OSED - -1 52 ADDITIONAL DEDICATION FOR-- FUTURE ARTERIAL 0.604- ac. (26,5.31.11 sf.) 450' NOT TO SCALE SUMMATION ROW REQUIRED BY APPROVED PLAT: 0.888 Dc. ADDITIONAL ROW: ARTERIAL - 0.604 SUPPORTING DATA AND COST ESTIMATES SUMMATION OF STREET DEFERMENT COSTS AND ADJUSTMENTS FOR ADDITIONAL RIGHT-OF-WAY DEDICATIONS, SCOGIN TRACT, LOT 1 PURPOSE: For use in showing B.R. Scogin's (developer) obligation of cash contribution in lieu of street construction. COST ESTIMATE FOR COLLECTOR STREET W/REQUIRED APPROACH WIDENING (Developer Obligation) ITEM UNIT TOTAL NO. DESCRIPTION QTY. UNIT PRICE COST I Excavation 4909 S.Y. $ 4.00 $19,636.00 2 8" Stabilized Subgrade 3073 S.Y. 4.25 13,060.25 3 6" Flexible Base 2773 S.Y. 6.50 18,024.50 4 Prime Coat 500 GAL 3.00 1,500.00 5 2" HMAC 2773 S.Y. 5.00 13,865.00 6 Curb & Gutter 902 L.F. 8.25 7,441.50 7 Sidewalk 3860 S.F. 3.00 11,580.00 8 Street Sign I EACH 400.00 400.00 9 Testing - Fugro South L.S. 3,870.00 3,870.00 10 Engineering (7.5%) 6.703.29 TOTAL $ 96,080.54 COST I~STIMATE FOR ADDITIONAL RIGHT-OF-WAY (Required by City): 0.604 acre x $25,654.14/acre = $15,495.10 ACREAGE FEE REFUND: 0.604 acre x $1,922.00/acre = $1,160.89 COMPUTATION OF DEVELOPER'S CONTRIBUTION OF MONEY IN LIEU OF CONSTRUCTION: Developer's Platting Obligation Additional Right-of-way Required by City Refund of Water & Sanitary Sewer Acreage Fees Total Contribution By Developer $ 96,080.54 - 15,495.10 1.160.89 $ 79,424.55 Exhibit C Page 1 of 3 ORDINANCE APPROVING $79,424.55 FROM B. R. SCOGIN AS DEVELOPER'S CASH CONTRIBUTION FOR IN LIEU OF STREET CONSTRUCTION OF 450- FOOT SEGMENT OF ENHANCED COUNTY ROAD 52 (WITH SUPPORTING PUBLIC UTILITY INFRASTRUCTURE), AS REQUIRED BY DEVELOPMENT OF LOT 1, SCOGIN TRACT; PROVIDING ADJUSTMENT FOR FEE SIMPLE DEDICATION OF RIGHT-OF-WAY REQUIRED BY THE CITY FOR FUTURE ARTERIAL "THROUGH" STREET AND MAJOR UTILITY CORRIDOR; AND ESTABLISHING A SEPARATE SUBACCOUNT FOR SAID STREET IN THE CITY INTEREST-BEARING ACCOUNT IN THE INFRASTRUCTURE TRUST FUND FOR DEPOSIT OF DEVELOPER'S CONTRIBUTION; AND RESTRICTING SAID MONIES FOR COMPLETION OF "IMPROVEMENTS" WHEN THE ARTERIAL IS READY FOR CONSTRUCTION AS AN OBLIGATION OF PLATTING AND DEVELOPMENT OF PROPERTIES EAST OF LOT 1, SCOGIN TRACT, OR AS AN OBLIGATION OF A CITY CAPITAL IMPROVEMENT PROJECT; AND DECLAPING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $79,424.55 from B. R. Scogin is approved as the developer's contribution for the in lieu of street construction of the 450-foot segment of enhanced County Road 52(with supporting public utility infrastructure),as required by the development of LOT 1, .'~COGIN TRACT. The $79,424.55 is computed by deducting from the $96,080.54 initial rea~ 'ired contribution a credit of $16,655.99 for developer's fee simple dedication to the City o; an additional 0.604 acres for additional street right-of-way and utility corridor required by the City to provide for future construction of County Road 52 as an arterial "through" street and major utility corridor SECTION 2. That the City shall establish a separate subacccount in the interest-bearing account in the Infrastructure Trust Fund for deposit of developer's contribution; and City shall restrict said monies for the completion of "improvements"when the arterial is ready for construction as an obligation of platting and development of properties east of Lot 1, Scogin Tract, or as an obligation of a city capital improvement project, whichever is deemed best in the sole discretion of the City. Page 2 of 3 SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (l) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 19th day of March, 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor LEGAL FORM APPROVED 12 March 2002 James R. Bray, Jr. City Attorney ty Attorney H:\L EG-DIR\Doy l e D C u rti s~MYO O CS~ 002~P &ZO RD 02~Platti n g. o rd\D o y l eC\O rd in a nc. e s~B RS c o gin. C R 52. C ash. In L ieuS t. O rd .wpd CITY COUNCIL AGENDA MEMORANDUM DATE: March 12, 2002 AGENDA ITEM: Ordinance amending Ordinance No. 024704 to allow for the waiver of the fair market value payment for the abandoning and vacating of a 2,308.71-square foot portion of a ten (10) foot wide utility easement out of Block CR, Levek Tract in exchange for the owner dedicating a utility easement of equal or greater value; and declaring an emergency. ISSUE: Kimco Realty Corporation ("Owners") will be dedicating two 10-foot wide utility easements of equal or greater value upon replat of their properbj to off-set the abandonment and is asking that the City waive the fair market value. PRIOR CITY COUNCIL ACTION: December 18, 2001 - Council approved the vacation and abandonment of a 2,308.71-square foot portion of a 1 O-foot wide utility easement out of Block CR, Levek Tract. REQUIRED COUNCIL ACTION: City Charter requires Council approval to amend an ordinance. IMPLEMENTATION SCHEDULE: Owner must replat the property within 180 days at its expense. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. ~,~_~lZ-- 'Angel R. Escobar, P.E. Director of Engineering Services Attachments: Exhibit A - Background Ordinance Exhibit B - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: On December 18, 2001 by Ordinance No. 024704, the City Council approved the vacation and abandonment of a 2308.71-square foot portion of a 10-foot wide utility easement out of Block CR, Levek Tract. Urban Engineering, on behalf of the owners is asking that the fair market value for the vacating and abandonment of the utility easement be waived. The owner upon replatting of his property will be dedicating two 10-foot wide utility easements totaling 3,971.63-square feet to off-set the 3,971.63-square feet that they will be vacating and abandoning. The amendment of the ordinance is required to waive the $3,,~60.00 fair market value that was asset to the vacation and abandonment of the utility easement.. The owner has been advised of and concurs with the conditions of the easement abandonment. h:\...\gen\ag0 l\esmt-c[o~levek-2.m EXHIBIT A ISITELOCATION I SCALE: N.T.S. SOU'n.I PN)RE ISLAND UIq ENGINEERING CORPUS ~ EASEMENT CLOSURE BLOCK CR LEVEK TRACT. EXHIBIT B City of Corpus Christi Department of Engineering Services AN ORDINANCE AMENDING ORDINANCE NO. 024704 TO ALLOW FOR THE WAIVER OF THE FAIR MARKET VALUE PAYMENT FOR THE ABANDONING AND VACATING OF A 2,308.71 SQUARE FOOT PORTION OF A TEN (10) FOOT WIDE UTILITY EASEMENT OUT OF BLOCK CR, LEVEK TRACT IN EXCHANGE FOR THE OWNER DEDICATING A UTILITY EASEMENT OF EQUAL OR GREATER VALUE; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That Ordinance No. 024704 be amended to allow for waiver of the fair market value payment for the abandoning and vacating of the 2.308.71 square foot portion of a 10 foot wide utility easement out of Block CR. Levek Tract in exchange for the Owner dedicating a utility easement of equal or greater value, as recorded in Volume 56. Pages 130, Map Records Nueces County, Texas subject to Owner's compliance with the following specified conditions ns part of the abandonment a.,d vacation: That payment of fair market value by O~ner in the amount of $3,660 be waived because Owner will be dedicating a utility easement of equal or greater value to off-set the proposed vacating and abandonment of the easement. The Owner, Kimco Realty Corp., has been advised of and concurs with the conditions of the easement abandonment. The Owner must replat the portions of Levek Tract being abandoned and vacated within 180 days at Owner's ~xpense: provided however, the City Engineer may extend tt,~. time limit for an additional ~80 days if extenuating circumstances outside the Owner's CC~ltrol necessitate an extension. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 19th day of March, 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor \\CITYHALL02\USERS\LEG-DIRkJOSEPH\WORD\ORD-Ievek2.doc CITY COUNCIL AGENDA MEMORANDUM Date: March 4, 2002 AGENDA ITEM: Appropriating $35,009.51 from the State of Texas in the NO. 6010 Trust Fund - Law Enforcement Officer Standards and Education for training of police personnel Amending the FY 01-02 budget adopted by ordinance NO. 024528 by adding $35,009.51 to the NO. 6010 Trust Fund - Law Enforcement Officer Standards and Education; and declaring an emergency. ISSUE:. Based on the Government Code, Section 415.0845, the State of Texas provides an annual allocation for training of police personnel. The funds must be appropriated annually when the check is received. BACKGROUND INFORMATION: The funds are received from the State as directed by Government Code, Section 415.0845 (see attached letter and government code) to make an annual allocation from the Law Enforcement Officer Standards and Education account to qualified law enforcement agencies for expenses related to the continuing education of full-time law enforcement officers and support personnel. The amount of funds received depends on the number of personnel we have as of January 1 of each year. REQUIRED COUNCIL ACTION: Appropriation of funds. RECOMMENDATION: Staff recommends appropriation of funds. Chiefof~ ADDITIONAL SUPPORT MATERIAL 1) Letter from the State of Texas Comptroller of Public Accounts 2) Government Code, Section 415.0845 TEx A OMPTROLLER OF PUBLIC Acco rED AUSTIN, TEXAS 78774-0100 25 FEB 02 CCPD February 22, 2002 CITY OF CORPUS CHRISTI POLICE DEPARTMENT PO BOX 9016 CORPUS CHRISTI TX 78469-0000 Vendor number: 17460005741-051 Enclosed is your annual allocation payment from the Law Enforcement Officer Standards and Education (LEOSE) account in the amount of $ 35,oo9.51. This payment must be used as necessary to ensure the continuing education of persons licensed under Chapter 1701, Occupations Code, or to provide necessary training, as determined by the agency head, to full-time, fully paid law enforcement support personnel in your agency. Your agency must maintain a complete and detailed record of all money received and spent. All money received is subject to audit by the Comptroller of Public Accounts and all money spent is subject to audit by the State Auditor. The Comptroller is directed by the Occupations Code, Section 1701.157 to make an annual allocation from the LEOSE account to qualified law enforcement agencies for expenses related to the continuing education of persons licensed under Chapter 1701, Occupations Code. Of the account, 20 percent is allocated equally among the qualified agencies. The re~aining 80 percent is allocated on the basis of the number of eligible law e~forcement positions each agency had as of January I of the preceding calendar y~dr. An eligible law enforcement position is defined as one held by a person licensed under Chapter 1701, Occupations Code, who works as a peace officer or licensed jailer on the average of at least 32 hours a week, is compensated by a political subdivision of the state at the minimum wage rate or higher, and is entitled to all employee benefits offered to a peace officer. To receive your agency's share of the LEOSE account in 2oo3, you must complete and return the enclosed Law Enforcement Officer Standards and Education Account 2003 Allocation Basis form to us no later than April 12, 2002. The information provided on this form must be accurate and returned timely to our office to ensure the correct allocation of the LEOSE account. Please call us toll free at 1-800-531-5441, extension 3-4530, if you have any questions or if we can be of assistance. The Austin number is 512/463-4530. (From a Telecommunications Device for the Deaf (7-DD) ONLY call 1-800-248~4099 ton free. The Austin TL,~ ,lumber is 512/463-4621.) Enclosures Sec. 415.0845. Money Allocated and Used for Continuing Education. (a) Not later than March 1 of each calendar year, the comptroller shall allocate money deposited during the preceding calendar year in the general revenue fund to the credit of the law enforcement officer standards and education account for expenses related to the continuing education of persons licensed under this chapter as follows: (1) 20 percent of the money is allocated to all local law enforcement agencies in the state in equal shares; and (2) 80 percent of the money is allocated to all local law enforcement agencies in the state in a share represeming a fixed amount for each position in the agency, as of January 1 of the preceding calendar year, that is reserved to a person who: (A) is licensed under this chapter; (B) works as a peace officer on the average of at least 32 hours a week; and (C) is compensated by a political subdivision of the state at the rate of the minimum wage or higher and is entitled to all employee benefits offered to a peace officer by the political subdivision. (b) Not later than November 1 of each calendar year, each local law enforcement agency shall report to the comptroller the number of positions in the agency as of January 1 of that year described by Subsection (a)(2). (c) The head of a law enforcement agency shall maintain a complete and detailed written record of all money received and expended by the agency under this section. All money received under this section is subject to audit by the comptroller. All money spent under this section is subject to audit by the state auditor. (d) A local law enforcement agency shall use money received under Subsection (a) only as necessary to ensure the continuing education of persons licensed under this chapter or to provide necessary training, as determined by the agency head, to full-time fully paid law enforcement support personnel in the agency. (e) A local law enforcement agency may not use money received under Subsection (a) to replace funds that are provided to the agency by the county or municipality having jurisdiction over the agency on a recurring basis for training law enforcement officers and support personnel. Added by Acts 1995, 74th Leg., ch. 585, Sec. 5, eft Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 915, Sec. 1, eft June 18, 1997. ORDINANCE APPROPRIATING $35,009.51 FROM THE STATE OF TEXAS IN THE NO. 6010 TRUST FUND - LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION FOR TRAINING OF POLICE PERSONNEL; AMENDING THE FY 2001-2002 BUDGET ADOPTED BY ORDINANCE NO. 024528 BY ADDING $35,009.51 TO THE NO. 6010 TRUST FUND-LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $35,009.51 is appropriated from the State of Texas in the No. 6010 Trust Fund- Law Enforcement Officer Standards and Education for training of police officers. SECTION 2. The FY 2001-2002 budget adopted by Ordinance No. 024528 is amended by adding $35,009.51 to the No. 6010 Trust Fund-Law Enforcement Officer Standards and Education. 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 ,2002. ATTEST' THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor LEGAL FORM APPROVED JAMES R. BRAY, JR. CITY ATTORNEY ,2002; By: Lisa Aguil~ Assistant City Attorney 12 CITY COUNCIL AGENDA MEMORANDUM Council Meeting: March 19, 2002 AGENDAITEM: r Ordinance appropriating $7,500 from the Chamber of Commerce Foundation in the No. 1050 Federal/State Grants Fund for the hiring of a part-time data specialist at the Juvenile Assessment Center. ISSUE: In order to further develop the accountability-based sanction of court- ordered case management for truants and curfew violators, many of whom have substance abuse issues, the Juvenile Assessment Center needs assistance with data collection and analysis. REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager or his designee to appropriate these funds. RECOMMENDATION: Staff recommends that the Council pass an ordinance authorizing the City Manager or his designee appropriate the funds from the Chamber of Commerce Foundation. Marco A. Cisneros, Director of Park and Recreation ADDITIONAL SUPPORT MATERIAL "ExhibitA" Background Information "Exhibit B' Contract between the City of Corpus Chdsti and the Chamber of Commerce Foundation "Exhibit C' JAIBG Program information BACKGROUND INFORMATION The Chamber of Commerce Foundation has received a Juvenile Accountability Incentive Block Grant, part of which is for the purpose of assisting the Juvenile Assessment Center in the development of accountability-based sanctions for at- risk youth. The City of Corpus Chdsti has therefore entered into a contract with the Chamber of Commerce Foundation to hire a part-time data specialist for three months with $7500 of this grant. The data specialist will assist in JAC's development of accountability-based sanctions for at-risk youth. This will, additionally, provide existing JAC staff with the time needed to engage in the networking opportunities necessary to develop and administer accountability-based sanctions for juvenile offenders by assisting in the coordination of community plans. Consultant & Professional Services Contract (Contract between Grantee and Third Party) GRANT NUMBER: JB-00~J20-16050-01 GRANTEE: Corpus Christi Chamber of Commerce Foundation GRANT PERIOD: 09/01/2001-07/31/2002 TITLE: Comprehensive Strategy YEARS FUNDED: 1 Development Program PROGRAM FUND: JB-Juvenile Accountability Incentive Block Grant POSITION TITLE: N/A (Professional Contract) SERVICE PROVIDER: This contract is by and between Corpus Christi Chamber of Commeme Foundation, Corpus Christi, Texas, GRANTEE AGENCY and the City of Corpus Christi, SERVICE PROVIDER and in aid of CJD Grant No. JB-00-J20-16050-01. It is understood by all parties that payment obligations created by this contract are conditioned upon the availability of State or Federal funds apprqpriated or allocated for the payment of such obligations. The term of this contract shall commence on September 1, 2001, and shall end on July 31, 2002, unless extended or terminated as other~vise provided for in this contract. The GRANTEE AGENCY is responsible for closely monitoring the SERVICE PROVIDER and the exercise of reasonable care to enforce all terms and conditions of the grant. SERVICE PROVIDER agrees to fully cooperate in the monitoring process. Requirements of the Uniform Grant Management Standards (UGMS) promulgated pursuant to Section 783, of the Government Code are adopted by reference as part of this contract, including the contract provision as in Section 36, Common Rule of OMB, of the above standards. The GRANTEE AGENCY SHALL: (Check one) X keep all project records, except those related to the services to be provided by the SERVICE PROVIDER. assist the SERVICE PROVIDER to establish a set of records that comply with the requirements of the grant and periodically inspect such records to ensure that they are properly kept. Records shall be retained for at least THREE (3) YEARS following the closure of the most recent audit report and until any outstanding litigation, audit or claim has been resolved. Records are subject to inspection by CJD, or any state or federal agency authorized to inspect the same. The SERVICE PROVIDER will furnish the following: (Describe in detail) SERVICE PROVIDER agrees to provide the folloxving services in connection with said grant: Page 1 of 4 'I ' ['l" ' Purpose Area 2 Developing and adntinistering accountabilio'-based sanctions for juvenile offenders. In order to fi~rther develop the accountability-based sanction of court-ordered case management for truants and cutlery violators, many of whom have substance abuse issues, the duvenile /lssessment Center (J/IC) needs assistance ~vith ctata collection and analysis. A part-time staff person who could focus on collecting the school attendance and offense information on the youth who have been through JAC's programs would greatly increase the ability of JAC to be data-driven and accountable in its programming. This staff person could also be responsible for analyzing and reporti~g on this data and the other data collected at JAC pertaining to substance abuse and other issues, fitrther increasing JAC's ability to be data-driven and accountable in its programming, and to engage in community planning with other agencies. Funds budgeted for Purpose Area 2 of the Comprehensive Strategy Development Project will be used to hire a part-time data specialist for a period of three months, beginning on May 1, 2002, and ending on Jul), 31, 2002. The data specialist will assist, through the above- mentioned activities, in JAC'~ development of accountability-based sanctions for at-risk youth. This will, additionally, provide existing JAC staff with thc time needed to engage in the networking opportunities necessary to develop and administer accountability-based sanctions for juvenile offenders by assisting in the coordination of community plans. This purpose area will be accomplished by conducting the following functions: Providing assistance to the Juvenile Assessment Center in developing and administering accountability-based sanctions for juvenile offenders emph?sizing substance abuse assessment and referral. Providing networking opportunities to develop and administ.~r accountability-based sanctions for juvenile offenders through the coordination of community plans including the Commission on Children and Youth Master Plan, Nueces County COG Plan, Weed & Seed, Community Youth Development (CYD), Workforce Development, United Way Project Compass II, Renewal Zone and Five-Year Youth Opportunities United ~OU) Comprehensive Strategic Plan for Nueces County. Output Measures Provide assistance to the Juvenile Assessment Center to develop accountability-based sanction programs for approximately 600 juveniles charged with truancy, curfew or substance abuse offenses. Otttcome M'easures Increase by 15% the number of juveniles in which accountability sanctions for truancy, curfew or substance abuse offenses were applied by the Juvenile ).qsessment Center. Increase by 15% the number o f juveniles processed by the Juvenile Assessment Center. Page 2 of 4 Increase by 10% the number of juveniles assessed and referred on to other agencies in the community by the Juvenile Assessment Center. Increase by 0.5% school attendance rates for juveniles. Current Data According to the Juvenile Assessment Center FY 2001 Annual Report, the City of Corpus Christi Juvenile Assessment Center processed 671 juvenile intakes for truancy and curfew violations. The Juvenile Assessment Center assessed 205 juveniles in FY 2001. The Juvenile Assessment Center made 190 referrals to other agencies in FY 2001. Target Levels Accountability based sanctions for 100 juveniles. The Juvenile Assessment Cente~ will process 760 juveniles. The Juvenile Assessment Center will refer 210 juveniles to other agencies. 5. Payment for the above will not exceed $7,500. 6. Billing for the above will be provided in the same manner as it would be provided to institutional purchasers in the absence of a grant and shall consist of a brief statement of the service or other item provided and the basis for the billing rate. 7. In the event of a default of the SERVICE PROVIDER, the GRANTEE AGENCY may cancel or suspend the contract and the SERVICE PROVIDER shall be entitled to recover for all services provided or materials delivered prior to the cancellation date (or unused materials may be returned) or shall repay any funds advanced for services not yet rendered. 8. All licenses, legal certifications, or inspections required for the services, facilities, equipment, or materials, and all applicable state and federal laws and local ordinances must be complied with by the SERVICE PROVIDER. Failure to comply with this requirement shall be treated as a default. 9. This contract shall automatically terminate on the grant expiration date or any extension date thereof granted by CJD or upon termination of the underlying grant by CJD. All services billed hereunder must be rendered within the grant period. 10. If GRANTEE AGENCY fails to pay when due any of the payments required herein, the SERVICE PROVIDER shall be immediately and automatically released of any obligations under this contract. Page 3 of 4 ACCEPTED BY: Signature of AathorizedlOfficial January 4, 2002 Date Debbie Lindsey-Opel, President Name & Title (please print or type) Corpus Christi Chamber of Commerce Foundation Name of Grantee Agency P.O. Box 640 Address (street or post office box) Corpus Christi, Texas 78403 Ciiy, State, Zip (361) 881-1800 Telephone # (include area code) Signature of Authorized Official Date Marco A. Cisneros, Director, Parks & Recreation Name & Title (please print or type) City of Corpus Christi Na.le of Service Provider P.O. Box 9277 Address (street or post office box) Corpus Christi, Texas 78469-9277 City, State, Zip (361) 880-3464 Telephone # (include area code) Page 4 of 4 JAIBG PROGRAM INFORMATION List the cities, counties, or parts thereof covered by the Coordinated Enforcement Plan for Reducing luvenile Nueces County, Texas 2. List the members of the luvenile Crime Enforcement Coalition and their position titles. Nallle Barry Abels Joe Alley Rosa Balderas Almira Flores Rene Gonzalez Gloria Jackson Mary Jackson JeffJung John C.B. LaRue D'yan Lopez Missy Medary Vema Portis Paula Rosenstein Guy Watts Committee Religion Law Enforcement At-Large Health Education Youth Services Social Services Business Youth Services Law Enforcement Legal Education At-Large Legal Business Jewish Community Council Nueces County Juvenile Justice Professional Counseling/Social Work Services O~thopedic Associates of Corpus Christi Diocese of Corpus Christi Y.M.C.A. Family Counseling Center Southwestern Bell Corporation Student at Incarnate Word Nueces County Sheriff's Office Assistant District Attorney Assistant Principal, Miller High School Family Counseling Center ' Attorney at Law Advisors: Tahna Benavides Dr. Phil Rhoades Rudy Sosa Tim Wilson Staff Liaison: Dan Whitworth Explain which of the 12 purpose areas your coordinated Enforcement Plan will address and why. Keep in mind the required allocated of at least 45% of funds awarded for purpose areas (3) through (9); and at least 35% of funds awarded for purpose areas (1), (2), and (i0). The remaining 20% of funds awarded may be used for any combination of the 12 purpose areas. Show the percentage of funds that will be spent in these purpose areas. If the plan does not meet the prescribed percentages, then the grantee must provide justification. (See certifications for JAIBG Program Purpose Areas Form on page 39.) Purpose Area 2 (5%) Developing attd administering accountability-based sanctions for juvenile offenders. This purpose area will be accomplished by conducting the following functions: Providing assistance to the Juvenile Assessment Center in developing and administering accountability-based sanctions for juvenile offenders emphasizing substance abuse assessment and referral. September 20,2001 Comprehensive Strategy Development Project Page 7 Providing networking opportunities to develop and administer accountability-based sanctions for juvenile offenders through the coordination of community plans including the Commission on Children and Youth Master Plan, Nueces County COG Plan, Weed & Seed, Community Youth Development (CYD), Workforce Development, United Way Project Compass II, Renewal Zone and Five-Year Youth Opportunities United (YOU) Comprehensive Strategic Plan for Nueces County. Purpose Area 7 (64%) Providing funding to enable juvenile courts and juvenile probation offices to be more effective and efficient in holding juvenile offenders accountable and reducing recidivism. This purpose area will be accomplished by funding the following functions: Providing funding to develop a comprehensive strategy plan relative to local faith-based initiatives; coordination of YOU youth development activities; providing assistance and coordination of Municipal Juvenile Court, Adult Probation and court-ordered case management for juveniles with truancy sanctions; and providing assistance in~ coordinating faith-based counseling services for juveniles who are substance abusers. Providing funding to develop a comprehensive strategy plan that addresses economic deprivation issues, especially as they relate to employment opportunities for local area youth; substance abuse prevention strategies and treatment programs for youth chat link the business sector with community-based treatment providers; and ~working towards a unified information and resource sharing among various local agencies. Purpose Area I0 (31%) Establishing and maintaining interagency information-sharing programs that enable the juvenile and criminal justice system, schools, and social services agencies to make more informed decisions regarding the early identification, control, supervision, and treatment of juveniles who repeatedly commit serious delinquent or criminal acts. This purpose area will be accomplished by contracting with the Social Science Rese,rch Center at Texas A&M University-Corpus Christi to conduct the following data collection, analysis, and reporting functions: Ongoing data collection, analysis, and reporting to establish and maintain interagency information-sharing programs that enable the juvenile and criminal justice system, schools, and social services agencies to make more informed decisions regarding the early identification, control, supervision, and treatment of juveniles who repeatedly corrunit serious delinquent or criminal acts. Ongoing data collection, analysis, 'and reporting that will be used by the Comprehensive Strategy Community Planning Team to maintain and update the Five-Year Youth Opportunities United (YOU) Comprehensive Strategic Plan for Nueces County. September 20,2001 Comprehermive Strategy Development Project Page 8 Ongoing data collection, analysis, and reporting for assessment and evaluation of comprehensive strategy efforts in our community to prevent serious, violent and chronic juvenile delinquency in relation to identified priority risk factors for Nueces County noted below: Family Management Problems and Family Conflict Extreme Economic Deprivation Early Academic Failure and Lack of Commitment to School Early Initiation of the Problem Behavior Ongoing data collection, analysis, and reporting that will be used by the Youth Opportunities United (YOU) Director of Grants Development for submission of Federal, State and Foundation grant applications to develop new programs and enhance available resources for the youth in our community. · Ongoing data collection, analysis, and reporting for public information about comprehensive strategy efforts. September 20~ 2001 Comprellcqxi;'c: Strzte~.' ~e;'e!o?'~e,zt P~oject Page 9 AN ORDINANCE APPROPRIATING $7,500 FROM THE CHAMBER OF COMMERCE FOUNDATION IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR HIRING OF A PART-TIME DATA SPECIALIST AT THE JUVENILE ASSESSMENT CENTER BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $7500 from the Chamber of Commerce Foundation is hereby appropriated in the No. 1050 Federal/State Grants Fund for the hiring of a part-time data specialist at the Juvenile Assessment Center. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upo~ first reading as an emergency measure this the day of ,2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Sa?,uel L. Neal, Jr., Mayor LEGAL FORM APPROVED ~ [ i , 2002; JAMES R. BRAY, JR., CITY ATTORNEY By: Lisa Aguilar, A~}stant City Attorney H:~L£G.DIR~LISA\ORD3\ORD3.478 13 CITY COUNCIL AGENDA MEMORANDUM Council Meeting: March 19, 2002 AGENDA ITEM: . Ordinance appropriating a grant of $1,665 from the Texas Department of Protective and Regulatory Services in the No. 1060 Federal/State Grants Fund for the Community Youth Development Program and declaring an emergency. ISSUE: By providing additional grant funds for travel to statewide Community Youth Development training and events, youth may be offered opportunities for youth leadership development. REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager or his designee to appropriate these funds. RECOMMENDATION: Staff recommends that the Council pass an ordinance authorizing the City Manager or his designee appropriate the funds from the Texas Department of Protective and Regulatory Services. Marco A. Cisneros, Director of Park and Recreation ADDITIONAL SUPPORT MATERIAL Background Information Contract Summary Ordinance/Resolution BACKGROUNDINFORMATION In 1995, the Texas Department of Protective and Regulatory Services (PRS) developed a program to fund local grass roots efforts ~n the highest juvenile crime areas of the state by ZIP Code. The program created activities that were not currently available within the 78415 ZIP Code. These activities were made available to youth ages 17 and under. Eligible activities must fall within the following categories: mentoring, education, activities, or employment. By September of 2001, fifteen ZIP Codes in thirteen cities (McAIlen, Galveston, El Paso, Amarillo, Corpus Christi, Brownsville, Austin, Houston, Fort Worth, Dallas, San Antonio, Waco, Lubbock) each received $500,000 to offer youth services through the Community Youth Development program. Program and youth leadership training is a component of the Community Youth Development (CYD) Program. Opportunities f~r program and youth leadership training are offered throughout the contract yea~. A statewide CYD Teen Summit is held each summer for youth involved in each of the state's 15 CYD programs. The Teen Summit provides youth leadership workshops and training. It will be held on the Texas Christian University campus in July of 2002. COMMUNITY YOUTH DEVELOPMENT PROGRAM CONTRACTS SUMMARY 1. The contract between the City of Corpus Christi and the Texas Department of Protective and Regulatory Services (TDPRS) contains the following provisions exclusive to this contract: The objective of the contract amendment is to award additional program monies in the amount of $500,000.00 to the City in order to fund current or new programs for youth in the 78415 zip code area. Total administrative costs charged to the contract, including subcontractor's administrative costs, cannot exceed 10% of the contract amount ($50,000). Total administrative overhead costs are $25,594.76. The City agrees to provide the following programs using the services of five subcontractors: mentoring, youth activities, youth employment, and educational programs. The City will have until the 30th of the following month to submit bills to TDPRS for payment for previous month's services. TDPRS will try to process the bills received in an accurate and timely manner but does not guarantee immediate payment. e. A self-evaluation report must be submitted to TDPRS within 90 days following the end of the contract period. Minor changes in service delivery shall be negotiated between the subcontractor and the City and reported to the Steedng Committee and TDPRS Within 30 days. Substantial changes to program services must be approved in writing, in advance, by the Steering Committee. Any changes to the type of service to be provided, or requiring development of a new subcontract, must be approved in advance by both the Steering Committee and TDPRS. 2. The contract between the City of Corpus Christi and the Boys and Girls Club of Corpus Christi, Communities In Schools, Inc., City of Corpus Christi Park and Recreation Department, and Youth Odyssey, Inc. contain the following provisions exclusive to these contracts: a. Subcontractors Wilt have until the 10th of the following month in which the service is provided to submit billings to the City for payment. Subcontractors must submit Consent Forms, Registration Forms and a Monthly Participant Summary Sheet with their monthly billings. Failure to submit these forms will delay reimbursement of that month's billings. Page 2, Contracts Summary All Subcontractors must submit a self-evaluation report to the City within 45 days following the end of the contract period. Subcontractors must secure prior written approval: 1 ) For transfers between line items for any dollar amount; 2) VVhen transfers, regardless of the amount, would result in a significant change in the character or scope of the programs; 3) VVhen needing to add a line item, cost or expenditure to the budget. Lack of prior approval in these instances will be grounds for nonpayment of the item or items involved and/or termination of this contract at the option of the Fiscal Agent. contracts include the following provisions: The obligations of the City and TDPRS under this Contract are expressly contingent upon the availability of funds for such purpose under the funding sources. If funds for this contract become unavailable dudng any budget period, these contracts may be immediately terminated or reduced at the discretion of TDPRS. The term of the contract is for one year from September 1, 2001 through August 31, 2002. The City and subcontractors will be responsible for the protection of all equipment purchased with program monies by subcontractors for their programs. Equipment is defined as costing more than $2,500 and having a life expectancy of more tha,' 2 years. All financial, 3rogrammatic, and supporting documentation and records must be kept a minimum of five years after the termination of the contract period. ORDINANCE APPROPRIATING A GRANT OF $1,665 FROM THE TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES IN THE NO. 1060 FEDERAL/STATE GRANTS FUND FOR THE COMMUNITY YOUTH DEVELOPMENT PROGRAM AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a $1,665 grant from the Texas Department of Protective and Regulatory Services is appropriated in the No. 1060 Federal/State Grants Fund for the Community Youth Development Program. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of ,2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary qamuel L. Neal, Jr. Mayor LEGAL FORM APPROVED JAMES R. BRAY, JR. CITY ATTORNEY ,2002; By: Lisa Aguilar ~) Assistant City Attorney H:~LEG-D [R~LISA',ORD3 lORD3 A 7 9 'l ' [ IY ' Y r MEMORANDUM TO: FROM: SUBJECT: DATE: Mayor Neal and Council Members Armando Chapa, City Secretary Ordinance amending Ordinance No. 022075 by adopting Newly Revised Nueces County Precinct Changes; providing for submission for Preclearance from the U.S. Department of Justice March 15, 2002 On August 29, 2001, the Nueces County Commissioner's Court adjusted the boundaries of voting precincts to reflect State Legislative changes as mandated by State Order. These changes which became effective December 31,2001 include the realignment of eighteen voting precincts and the establishment of three new voting precincts. According to the State Election Code, "a city authority may not divide a county election precinct" and must comply with county precinct adjustments. Only one of these voting precinct adjustments affects the City's single member district lines. The change occurs between Districts 4 and 5. Precinct 26 (currently located in District 4) has been moved to District 5. According to Nueces County, there are no registered voters in Precinct 26. Submitted for your consideration and approval is the attached ordinance which adopts the newly revised Nueces County precinct changes to conform with those precinct line adjustments. The City of Corpus Christi as well as all other governmental entities within Nueces County must adopt these changes in order to proceed with future elections. Following your approval, a submission will be made to the U. S. Department of Justice for consideration of the adjustments. Armando Chapa City Secretary Attachments AN ORDINANCE AMENDING ORDINANCE NO. 022075 BY ADOPTING NEWLY REVISED NUECES COUNTY PRECINCT CHANGES TO CONFORM TO PRECINCT LINE ADJUSTMENTS; PROVIDING FOR SUBMISSION OF THE PRECINCT CHANGES FOR PRECLEARANCE FROM THE U.S. DEPARTMENT OF JUSTICE; AND DECLARING AN EMERGENCY. WHEREAS, on August 21, 2001, the Nueces County Commissioner's Court adjusted the boundaries of the affected voting precincts to reflect the State Legislative changes as mandated by State Order; WHEREAS, the Nueces County Commissioner's Court also realigned precincts to bring them into compliance with Section 42.006(d)(1 ) of the Texas Election Code which limits the number of registered voters to 3,000 per voting precinct; WHEREAS, single member district lines must coincide with precinct lines; WHEREAS, the City Council adopted Ordinance No. 022075 which realigned the five single member districts and adopted precinct boundary lines approved by the Nueces County on June 22, 1994; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTi: SECTION 1. That Ordinance No. 022075 is hereby amended to incorporate the newly revised Nueces County precinct boundary lines, which are established as City election precincts, and that the five single member district lines shall consist of those Nueces County precir~cts and those portions thereof within the city limits set out on Exhibit SECTION 2. That the City Secretary is directed to request consideretion by the U.S. Department of Justice by the submission of any change provided herein which requires preclearance, and providing such demogrephic data and information as required by law. SECTION 3. That upon wdtten 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 day of ., 2002 ATTEST: City Secretary APPROVED: DAY OF JAMES R. BRAY, JR., CITY ATTORNEY MAYOR ,2002 CITY ATTORNEY day of ,2002 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott EXHIBIT A DISTRICT 3 DISTRICT 1 DISTRICT 2 DISTRICT 4 DISTRICT 5 7 1 4 2 3 9 21 15 5 8 23 31 20 6 16 30 33 24 18 17 38 39 34 19 26 41 43 48 40 29 44 50 60 42 32 45 53 71 63 67 46 56 74 64 70 47 57 78 65 84 49 58 80 81 88 51 59 93 86 89 52 62 95 90 109 61 66 98 91 112 76 68 106 92 115 77 69 113 117 116 79 72 114 120 119 82 73 118 122 124 99 75 121 125 100 83 101 85 103 87 107 94 110 96 111 97 123 · Precinct 110 was split into two new precincts: Precincts 110 and 123. · Precincts 51 and 100 were modified to conform to new boundary criteria. · Precincts 81 and 82 were consolidated into Precinct 82, (Note: The Precinct No. 81 will be used elsewhere in Single Member District No. 4) District 2: · Precincts 59 and 67 were consolidated into Precinct 59. (Note: The Precinct No. 67 will be used elsewhere in Single Member District No. 5) District 3: No change to any voting precinct. District 4: · Precincts 6 and 122 were modified to conform to new boundary criteria. · Precinct 40 was split into two new precincts: Precincts 40 and 81. · Precincts 26 and 16 were consolidated into Precinct 16. (Note: The Precinct No. 26 will be used elsewhere in Single Member District No. 5) District 5: · Precinct 8 was split into two new precincts: Precinct 8 and 124. · Precinct 16 in Single Member District 5 and Precinct 26 in Single Member District 4 were consolidated into Precinct No. 16. The new Precinct will now be entirely inside Single Member District 5. · Precinct 29 was split into three new Precincts: 26, 29 and 125. · Precinct 32 was split into two new Precincts: 32 and 67. l- 'T-''~''~'. ~r 15 '---'T" CITY COUNCIL AGENDA MEMORANDUM PRESENTATION City Council Meeting - March 19, 2002 AGENDA ITEM: Presentation and Public Hearing on Request for Proposals Results for the City Marina Operations and Development Proposals. CITY STAFF PRESENTER(S): Name 1. George K. Noe Title Deputy City Manager Dept/Division City Manager's Office ISSUE: The City has investigated many different opportunities to bring in outside partners to work with some of the City operations that have traditionally been staffed and directed with City staff. This Request for Proposals (RFP) for the City Marina was developed to see what interests might exist from private parties to work with the City with respect to the City Marina Operations and Development. BACKGROUND: The intent of this RFP was to solicit proposals from development teams that would have the experience and financial capabilities to take the City Marina to the next level of operations and development. The RFP's objectives included the planning, financing and development of mixed-use, waterfront commercial retail and/or entertainment center developments at the Marina. REQUIRED COUNCIL ACTION: There is no action required at this time. This presentation is for presentation purposes only. The public hearing is to see what the public has to say concerning this project. Exhibits X Marco A. Cisneros, Director Park and Recreation Department Request for Proposals Responses for City Marina Operations and Development Presentation March 19, 2002 City of Corpus Christi Request for Proposals Goals · Continue to improve the Bayfront · Continue to improve the City Marina · Offer new resident and visitor attractions · Generate new commercial and/or entertainment opportunities · Improve Marina Fund Balance RFP Objectives · Manage Marina Daily Operations - Slip rentals - Lease management - Marina maintenance (water and land) - Marina marketing - Fuel service - Wastewater pump out service - Marina security RFP Objectives continued · Fund and Create Additional Marina Development - Commercial/Retail venues - Restaurant venues - Ei3tertainment venues - TOurist attractions · Incorporate Marina Development into Seawall Restoration Project 2 RFP Expectations · Response from experienced Development Teams - Clear vision for Marina development - Previous waterfront projects success - Previous marina operations experience - Financial resources availability RFP Expectatio,~s continued · Ultimate Project Elements ,High quality environment ~Maximum long-term revenue generator for the Development Team !and the City ~Win-Win proposition for both parties ~Development Team committed to : Corpus Christi and its success RFP Responses - 1,291 RFP Letters Mailed -69 RFP Packets Mailed -10 RFP Responses Received - 7 Proposals did not entirely address the RFP Requirements - 3 Proposals Selected for Interviews "South Wharf" Project Proposal · Corpus Christi Wharf Company, LTD submitted an RFP Proposal · Intent is to negotiate for a separate site~ within the City Marina RFP Site · CoUld fit into other RFP Proposals · EleCtion would be needed for City to grant an Extended Water Lease · Project intended to be on a separate track from other RFP Proposals 4 Interview Candidates · Corradino Group, Inc. - Houston, Texas · International Marina Group - Dallas, Texas · Lanidry's Restaurants, Inc. - Houston, Texas 5 Corradino Group Proposal · EL PUERTO DE CORPUS CHRISTI · Broad Design Team · Mixed Use Strategy - Restaurants, Shops, Hotels. Offices, Apts., Condos, Boat Sales, etc. · Three Distinct Urban Lands - Entertainment & Resort Island I Boardwalk - Seaside Urban Village -~ Maritime Center . 6 Corradino Proposal continued · Project Construction Costs - Peoples St. T- Head - Lawrence St. T- Head - Cooper's Alley L- Head TOTAL $ 22.4 Million $ 41.9 Million $ 7.7 Million $72 Million · Estimated Economic Impact - New Jobs 977 - Salaries $ 20 Million - Sales $ 49 Million - Area Taxes $ 3.5 Million 7 Corradino Proposal continued · Previous Waterfront Experience - None · Previous Marina Operations Experience - None International Marina Proposal · Texas Coastal Marina Addition · Marina Operations Team · Mixed Use Proposal for a Future Master Plan Design · Marina as a Whole Development - More and Larger Boat Slips -" Fisherman's Wharf" - Columbus Ships Exhibit - Family Entertainment 2O 10 International Proposal continued · Project Construction Costs -400 Space Dry Stack - 100 Wet Slips - Restaurant / Rec Area - Columbus Ships Area - Entertainment Facility -" Fisherman's Wharf" Total $ 2 Million $ 2.3 Million $1.1 Million $ .5 Million $ 2 Million $ .3 Million $ 8.2 Million International Proposal continued · Previous Waterfront Experience - 17 years experience with Fresh Water and Salt Water Marinas · Previous Marina Operations Experience - Own and Operate 9 Company Owned Marinas ( 4 Salt Water Marinas) - Partially Own and Operate 13 Partnership Owned Marinas ( 1 Salt Water Marina) Landry's Restaurants Proposal · THE TEXAS BOARDWALK - "The freshest catch in family fun!" · Company Development Team · Restaurants / Entertainment Strategy - Aquarium Restaurant -Joe's Crab Shack Restaurant - Landry's Restaurant - Rainforest Caf~ - Rides / Amusements Amenities 27 28 14 L ~ndry' s Proposal continued · Three Distinct Land Treatments - parking Lot Facility - Restaurants / Entertainment Facilities - Consolidated Marina Facility · Project Construction Costs Total $ 37 Million 3O Landry's Proposal continued · Water Taxi Service between T-Heads · Marina Support Facilities, including restrooms, on both T-Heads · Potential Future Phase Development - Build Hotel on Peoples Street T-Head 16 33 Landry's Proposal continued · Previous Waterfront Experience - The Kemah Boardwalk and Marina, Kemah, Texas · Previous Marina Operations ExPerience - 2 Years operating Kemah Marina next to tl'ie Kemah Boardwalk 34 Proposal and Concept Evaluation Development Marina Development Waterfront Funding Team Operations Concept Experience Concept Corradino Weak Strong No Weak Group Strong Weak Yes Weak Weak Strong Yes International Marina Landry's Strong Restaurants Process From Here · Develop a Memorandum of Understanding (MOU) with the Recommended Development Team · Use the MOU as a basis for a Future Development Agreement with the Development Team · Develop Lease and Legal Documents with the De,,elopment Team 37 Memorandun of Understanding · MOU - Formal document that lays out the specific points that each party willlseek to provide related, for examPle, to project development duties and responsibilities. · An MOU is used as a basis for future neglotiations between the parties and as a framework for the development of a future contractual agreement. 'l ' II1-' I [-- 'MOU continued · An MOU seeks to be a goodwill, non- binding document that sets out what each party hopes to accomplish. · An MOU, for example, will have a general description of a land parcel while a contractual agreement will cite a specific metes and bounds description of the land parcel. City Marina Lease Timetable City Council Executive Session 1/8/02 Public Presentations 1/9/02 - 3119/02 City Council Presentation 3/19102 Development Team Selection 3/26/02 MOU Negotiations * 3/26102 - 5128102 MOU Approval 5/28/02 Lease Documents Negotiations * 5128/02 - 9/24/02 Lease Documents Approval 9124102 · City Advisory Committee reviews are included during this time period. 40 20 Recommendation · Authorize staff to proceed, develop and negotiate a Memorandum of Understanding document with Landry's Restaurants, Inc. for the initiation of the City Marina Operations and Development Project. Questions lb CITY COUNCIL AGENDA MEMORANDUM DATE: March 11, 2002 AGENDA ITEM: Public headng to consider vacating and abandoning a 2000-square foot portion of a 20-foot wide alley right-of-way between Lots 9, 10, 11, & 12, Block 7, Brooklyn Addition, adjacent to the Coastal Boulevard street right-of-way. Ordinance vacating and abandoning a 2000-square foot portion of a 20-foot wide alley right-of-way between Lots 9, 10, 11, & 12, Block 7, Brooklyn Addition, adjacent to the Coastal Boulevard street right-of-way; requiring owner, Mr. Alan Carmeli; to comply with the specified conditions and replat the property within 180 days at owner's expense; and declaring an emergency. ISSUE: Mr. Alan Carmeli, is requesting the closure so that he may construct a building within the existing alley right-of-way. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of alley right-of-way. City Code requires a public hearing prior to the closure of any street right-of-way. RECOMMENDATION: Staff recommends approval of the ordinance on an emergency basis. ~'~/~ Angel R. Escobar, P.E. Director of Engineering Services Attachment: Ordinance Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: Medina Engineering on behalf of Mr. Alan Carmeli, is requesting the City to vacate and abandon a 2,000-square foot portion of a 20-foot wide alley right-of-way within Lots 9, 10, 11, &12, Block 7, Brooklyn Addition. All public and franchised utilities were contacted regarding this closure request, and no objections were received from any of the public and franchised utility companies. The fair market value appraised by City Staff is .~ for the 2 000-square foot portion of vacation and abandonment of alley right-of-way. The owner have been advised of and agrees with the specified conditions of this alley closure. AN ORDINANCE ABANDONING AND VACATING A 2,000 SQUARE FOOT PORTION OF A TWENTY (20) FOOT WIDE ALLEY RIGHT-OF-WAY BETWEEN LOTS 9, 10, 11, & 12, BLOCK 7, BROOKLYN ADDITION, ADJACENT TO THE' COASTAL BOULEVARD STREET RIGHT-OF-WAY; REQUIRING THE OWNER, MR. ALAN CARMELI, TO COMPLY WITH THE SPECIFIED CONDITIONS AND REPLAT THE PROPERTY WITHIN 180 DAYS AT OWNER'S EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 2,000 square foot portion of a 20 foot wide alley right-of-way between Lots 9, 10, 11, & 12, Block 7, Brooklyn Addition. adjacent to the Coastal Boulevard street right- of-way, as recorded in Volume 5, Page 29. Map Records Nueces County, Texas, that the owner, Mr. Alan Carmeli, (Owner), wishes to have abandoned and vacated; and WHEREAS, a public hearing was held on Tuesday, March 19, 2002, 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, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 2,000 square foot portion of a 20 foot wide alley right-of-way between Lots 9, 10, 11, & 12~ Block 7, Brooklyn Addition, adjacent to the Coastal Boulevard street right- of-way, as recorded in Volume 5, Page 29. Map Records Nueces County, Texas is abandoned and vacated for public use as an alley right-of-xvay, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: Payment of fair market value is set at $12,000 for the total 2,000 square foot portion of alley right-of-way to be abandoned and vacated at Owners' expense. The Owner must replat the property within 180 days at Owner's expense; provided however, the City Engineer may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. SECTION 2. That upon ~vritten request of the Mayor or five council members, copy attached, the City Council (I) 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 19th day of March, 2002. \\CITYHALL02\USERS~LEG-DIR\JOSEPH\WORD\ORD-Brklyn.doc 30 LOT $ ALLEY ~]GHT OF WAY 000 S~UAP~ FEET -- 20.0' - ' LOT 7 50.0' (0,149 ACRES) (0,1¢9 ACRES) 50.0' N32'm 50,0' S32'( YOO'E 50.0' 'O0'V 50,0' LOT 9 AREA 6,500 (0.149 ACRE~) / AREA 6,500 <0,149 ACRES) I  LOCATZONNAP /'--~ °~- I ~.,,~ MEDINA ENGINEE£ING & ..cUR VEYING 2434 SACKY DRIVE CORPUS CHPJSI~, TF-XAS 78415 BUr. (361) 814-4700 FAX (361] 814-4757 BROOKLYN HEIGHTS ALLEY CLOSURE PI~dECT NO..- B~3OKLYN HEIGhtS ~ CHECKED BY' ~SM. SC~E: NTS ~ ~O BY' ~S.~ 17 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION March 19, 2002 AGENDA ITEM: Presentation on Multi-Purpose Arena and Convention Center Projects CITY STAFF PRESENTER(S): Name 1. Kevin Stowers OUTSIDE PRESENTER(S): Name 1. Raymond Gignac 2. Andrew McLean, FAIA 3. Kevin Gordon 4. Robert Fatovic' Title Assistant Director Title/Position President, Lead Architect Principal in Charge Lead Architect Lead Architect Dept./Division Engineering Sen~ces Organization Gignac & Associates Thompson, Venlulelt, Stainback, & Assoc. Thompson, Ventulett, Stainback, & Assoc. Architectonica ISSUE: A presentation to Council ¢.f the 60% design (detailed design) is necessary to ~ to proceeding with construction documents. BACKGROUND: The project architects have received input from a wide range of interested individuals, groups, organizations, businesses and governmental entities. The detailed design for the Arena and Convention Center has been completed. Cost estimates are continuing to be refined. Both projects are on schedule and will be within budget. REQUIRED COUNCIL ACTION: None at this time. Council is requested to provide guidance as to the acceptability of the schematic design and development program. ~-~[Z-'Angel R. Escobar, P.E. Director of Engineering Services CITY COUNCIL AGENDA MEMORANDUM 03119/02 AGENDA ITEM: Consideration of the following matters related to the firefighters petition and collective bargaining: (a) Adopt minimum salary for firefighters proposed by petition pursuant to Texas Local Government Code Section 141.034. (b) Authorize offer of alternative minimum salary proposal to petition proposal for firefighters under Texas Local Government Code Section 141.034. (c) Call an election on the minimum salary for firefighters proposed by petition pursuant to T6.,as Local Government Code Section 141.034, and authorize all actions necessary to call the election. (d) Discussion of negotiations and consideration of a new collective bargaining agreement with firefighters union. RECC~MENDATION: The related Ordinances for these issues will be presented to City Council at the March 19, 2002 City Council Meeting. Georg~ Deputy City Manager No attachments Notes and Comments