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Agenda Packet City Council - 07/09/2002
CITY COUNCIL AGENDA "Corpus Christi Celebrating 150 Years" July 9, 2002 1:45 p.m. Distinguished Budget Presentation Award by the Government Finance Officers Association AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD JULY 9, 2002 12:00 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 didgirse al Concilio y cree que su ingl~s es limitado, habr& un int~rprete ingl~s-espaf~ol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to a~tend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Reverend Kenneth Parks, St. Bartholomew's Episcopal Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem Bill Kelly Council Members: Brent Chesney Javier D. Colmenem Henry Garrett . 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: 1. Approval of Regular Meeting of June 25, 2002. (Attachment # 1) Agenda Regular Council Meeting July 9, 2002 Page 2 Fe BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) Commission on Children & Youth Corpus Chdsti Business and Job Development Corporation Corpus Christi Area Convention and Visitors Bureau Leadership Committee for Senior Services Park and Recreation Advisory Committee Planning Commission 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 ratherthan 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. EXECUTIVE SESSION: (APPROXIMATELY 12:00 P.M.) 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 Govemment Code Section 551.071 regarding Mary Beth Nelson et al v. City of Corpus Christi et al, No. C-02-282, United States Distdct Court for the Southern Distdct of Texas, Corpus Christi Division, with possible discussion and action related thereto in open session. Executive session pursuant to Texas Government Code Section 551.071 regarding Jon Harwood et al v. City of Corpus Christi, No. 00-4149-G, 319th Distdct Court, Nueces County, Texas, with possible discussion and action related thereto in open session. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting July 9, 2002 Page 3 Executive session pursuant to Texas Government Code Sections 551.071 and 551.072 regarding the Landry's Project in the Corpus Christi Marina, with possible discussion and action related thereto in open session. 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 without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence afterthe items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Motion authorizing the City Manager or his designee to execute Change Order No. 35 with Fulton/Coastcon, Inc., A Joint Venture, of Corpus Christi, Texas, in the net amount of $212,129.81 to extend the pedestrian canopy from the north edge of the commercial traffic island to the parking lot for the Corpus Christi International Airport Terminal Project. (Attachment # 6) Resolution authorizing the City Manager or his designee to accept Amendment No. 03 for the Federal Aviation Administration Multi- Year Grant Number 3-48-0051-28-00 in the amount of $967,421. (Attachment # 7) Ordinance appropriating $967,421 from Federal Aviation Administration Grant No. 3-48-0051-28-00 Amendment No. 3 in the No. 3020 Airport Capital Improvement Fund for the Terminal Reconstruction Program. (Attachment # 7) Ordinance authorizing the City Manager or his designee to execute an In-Terminal Advertising Concession lease agreement with In-Ter-Space Service, Inc., dba Interspace Airport CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting July 9,2002 Page 4 10. 11.a. Advertising for the operation of an airport advertising concession in the Corpus Christi International Airport in consideration of payment of the greater of a guaranteed minimum concession fee or thirty percent of the Concessionaire's gross receipts for a term of up to twelve months. (Attachment # 8) First Reading Ordinance - Authorizing the City Manager or his designee to execute an In-Terminal Advertising Concession lease agreement with I n-Ter-Space Service, I nc. dba Interspace Airport Advertising for the operation of an airport advertising concession in the Corpus Chdsti International Airport in consideration of payment of the greater of guaranteed minimum concession fee or thirty percent of the Concessionaire's gross receipts for a term of sixty months with an additional sixty month option. (Attachment #8) Motion authorizing the City Manager or his designee to execute a contract with Morgan Spear Associates, Inc., of Corpus Christi, Texas, in the amount of $75,400 for architectural services associated with the One Stop Development Center. (Attachment #9) Motion authorizing payment of the Special Commissioners' Condemnation Award of $75,000 for the acquisition of Parcels 7 and 8A, each containing a utility and temporary construction easement, both parcels located adjacent to the Saratoga Boulevard and Crosstown extension intersection, to construct wastewater improvements in connection with the Carolyn Heights Diversion to Greenwood Wastewater Treatment Plant - 30" Line, Project #7196, and for other municipal purposes. (Attachment # 10) Motion approving the reimbursement application submitted by ONAC Developers, Inc., owner and developer of Bordeaux Place Unit 1 Subdivision, for the over-size installation of 70 linear feet of 12-inch PVC sanitary sewer collection line and the off-site installation of 139 linear feet of 10-inch PVC sanitary sewer collection line. (Attachment # 11) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting July 9,2002 Page 5 11.b. 12. 13. 14. J= Ordinance appropriating $14,938.74 from the No. 4220-250420 Sanitary Sewer Trust Fund to pay the ONAC Developers, Inc.'s request for installing an over-size sanitary sewer collection line and an off-site sanitary sewer line to develop Bordeaux Place Unit 1 Subdivision. (Attachment # 11) Resolution approving the submission of a grant application in the amount of $297,362 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the FY2002 Local Law Enfomement Block Grants Program. Grant funds will be used to purchase law enforcement equipment for the Police Department. (Attachment # 12) Resolution approving the submission of a grant application in the amount of $215,000 to the U.S. Department of Justice for funding available under the Crime Laboratory Improvement Program for FY2002. (Attachment # 13) Resolution authorizing the City Manager or his designee to submit municipal solid waste grant applications to the Coastal Bend Council of Governments in the amount of $45,000 for household hazardous waste disposal costs, $55,000 for a brush loader, $10,000 for a recycling media/outreach program, $10,000 for a household hazardous waste media/outreach program, and $5,000 to publicize and increase participation in Stop Trashing Corpus Christi Community Clean Up Events, and a total grant request of $125,000; authorizing the City Manager or his designee to act on behalf of the City in all matters related to the grant application; and pledging that if a grant is received the City of Corpus Christi will comply with the grant requirements of the Coastal Bend Council of Governments, the Texas Natural Resource Conservation Commission and the State of Texas. (Attachment # 14) BUILDING STANDARDS BOARD APPEAL: Consideration of an appeal by Melvia Louise Barrett of a Building Standards Board decision to require demolition of the structure located at 1618 Stillman Street. (Attachment # 15) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting July 9,2002 Page 6 K. PUBLIC HEARINGS: RIGHT-OF-WAY CLOSURE: 16.a. Public hearing to consider vacating and abandoning a 5,799.80- square foot portion of a 15-foot wide alley right-of-way between Lots 4 through 6, Block 1, and Lot 3, Block 2A, Ocean View Addition. (Attachment # 16) 16.b. Ordinance vacating and abandoning a 5,799.80-square foot portion of a 15-foot wide alley right-of-way between Lots 4 through 6, Block 1, and Lot 3, Block 2A, Ocean View Addition; requiring owner, Chdstus Spohn Health System; to comply with the specified conditions and replat the property within 180 days at owner's expense. (Attachment # 16) FY2002 - 2003 OPERATING BUDGET: 17.a. Public hearing on FY2002-2003 Operating Budget. (Attachment # 17) SPECIAL BUDGET DISCUSSION: 17.b. Special Budget Summary Discussion - Proposed FY2002-2003 Operating Budget. (Attachment # 17) PRESENTATIONS: Public comment will not be solicited on Presentation items. 18. 2:00 P.M. - Briefing on the Marina Operations and Development Ad Hoc Committee (Attachment # 18) 19. Presentation on Governor's Desalination Initiative (Attachment # 19) M= REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 20.a. First Reading Ordinance - Ordering a Special Election to be held on November 5, 2002, in the City of Corpus Christi on the question of whether to authorize a corporation governed by CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting July 9,2002 Page 7 20.b. 21.a. 21.b. 22. 23.a. Section 4A of Article 5190.6, Vernon's Texas Civil Statutes to use a sales and use tax of one-eighth of one percent for projects authorized by said statute; and on the question of whether to continue the Corpus Chdsti Crime Control and Prevention District; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch eady polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. (Attachment # 20) Motion directing staff to develop housekeeping City Charter amendments for consideration as an amendment to the election ordinance. (Attachment # 20) Motion amending prior to Second Reading, Section 12-2 of the Code of Ordinances, City of Corpus Chdsti, as passed on First Reading on May 28, 2002, by substitution. (Attachment # 21) Second Reading Ordinance-Amending Section 12-2 of the Code of Ordinances, City of Corpus Christi, regarding placing obstructions in Corpus Christi Bay; providing for penalties. (First Reading - 5/28/02) (Attachment # 21 ) Motion authorizing the City Manager or his designee to execute a construction contract with Berry Contracting, LP (dba Bay Ltd.) of Corpus Christi, Texas, in the amount of $7,100,922.74 for Corpus Christi International Airport (CCiA) Roadway and Parking Lot Improvements, Phase 1. (Attachment # 22) Ordinance authorizing the City Manager or his designee to execute five rental car concession lease agreements with Southwest Texas Leasing Company, Inc. dba Advantage Rent-A- Car, Inc., Coastal Bend Rent-A-Car, Inc., National Car Rental of Corpus Christi, Inc., Dollar Rent-A-Car Systems, inc., and Texas South Rentals, Inc. dba Hertz Car Rental for the operation of car rental concession at the Corpus Christi International Airport in consideration of payment of the greater of a guaranteed minimum concession fee or ten percent of the concessionaire's gross monthly revenues for a term of up to twelve months. (Attachment # 23) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting July 9,2002 Page 8 23.b. First Reading Ordinance - Authorizing the City Manager or his designee to execute five rental car concession lease agreements with Southwest Texas Leasing Company, Inc. dba Advantage Rent-A-Car, Inc., Coastal Bend Rent-A-Car, Inc., National Car Rental of Corpus Chdsti, Inc., Dollar Rent-A-Car Systems, Inc., and Texas South Rentals, Inc. dba Hertz Car Rental for the operation of car rental concession at the Corpus Christi International Airport in consideration of payment of the greater of a guaranteed minimum concession fee or ten percent of the concessionaire's gross monthly revenues for a term of sixty months. (Attachment # 23) 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 FORMAT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se didge a la junta y cree que su ingl~s es limitado, habra un int&rprete ingl&s-espa,~ol en la reuni6n de la junta para ayudade. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting July 9,2002 Page 9 24. CITY MANAGER'S REPORT * Sesquicentennial Commemoration Update * Upcoming Items 25. MAYOR'S UPDATE 26. COUNCIL AND OTHER REPORTS P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 2:30 p.m., July 5 ,2002. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.ci.corpus-christi.tx, us after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2001-2002 CiTY COUNCIL GOALS AND PRIORITY ISSUES Airport / Seawall / Convention Center / Arena * Continue quarterly reporting process for these initiatives. '86 Bmld,!ssue Imnrovements · Update slams on Senior Centers. · Provide communication on completion of these projects (e.g. "Report to the Community"). · Continue community involvement on issues such as Leopard Street improvements. Priv~0~att9n / Re-Engineering · Clearly define "privatization" and "rc-engineeringf · Make decisions regarding pfivatizatinn 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 the 5-year forecast model. · Review the August 1 budget adoption deadline. Crime Con~ro! and Prevention Continue implementation of the Community Policing initiative. · Establish date for Crime Control and Prevention District election. Continue City participation in Youth Opportunities United and other youth crime inifiafives~ 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 Eco~omlc Development Sales T~x · Establish election date. INEW PRIORITY INITIATIVES AND ISSUES City staff will develop and present to City Council action/implementation plans for the following priority Desalination Pilot Project *Code Enforcement in Trashy Neighborhoods *Employee Classification Study Ma ster Drainage Plan ~l Garwood Water *New Golf Course *Charter Revision with Specific Charge(s) *More Funding for Economic Development *Fire and Police Contracts New Funding Sources / Plan for Inner City Improvements Improve Permitting Process (online / customer service) 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 S;gr~ Water Utili~, · Reconsider implementation plan for a Storm Water Utility. Packer, Channel · Continue quarterly reports on the progress of the TIF and Beach Restoration Project. Londffil · Continue to evaluate the efficiency and effectiveness of operations. · Examine alternatives for solid waste management system, including privatizafion. ll~ternet · 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-mall. · Continue active role. Frost Bank Building · Lease and complete renovation Annexation Plan · Implement current island annexation plan ADA Transition Plan * Develop and approve ADA Transition Plan within 90 days. Redistrictin~ Develop Council-approved redistricting plan for the City of Corpus Christi Industrial District Contract · Review Industrial District contracts and determine date for approval Colgncil Action lten~a * Staffcompletes action requests in a timely manner. City / County He$1th Issues · Continue discussions with County to determine structure and process for the most effective and efficient delivery of health services Marke0~- of CC Museun~ and Columbus Ships · Continue to develop marketing plans for the Museum of Science and History and the Columbus Fleet Relationships with Other Governments Development Initiative Packages *Park Rehabilitation *Leopard Street Curbs and Gutters Economic Development Summit and Post-Summit Meetings Agues-Lamdo Corridor Market (studies, plans) *Solid waste / Pickup Base Closures **Northwest Libra~ Northside Development Plan Traffic Controls (channeling, studying on/offmmps on SPID) *Five Points Ambulance Effluent Plan for Leopard Medians RTA~Public Improvements Arts and Sciences Park Plan Budget Item ** Capital Improvement Program Item 1 PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Bill Kelly Council Members: Brent Chesney* Javier D. Colmenero Henry Garrett Rex A. Kinnison John Longoria Jesse Noyola Mark Scott* CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 25, 2002 - 12:00 p.m. 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 Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. E.F. Bennett, and the Pledge of Allegiance to the United States flag was led by Council Member Noyola. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of June 18, 2002. Mr. Chapa said the minutes needed to be corrected to reflect the correct appointment to the Corpus Christi Regional Transportation Authority, who is Mr. Abel Alonzo and not Ms. Rosine Runyon. A motion was made and passed to approve the minutes as amended. *Council Member Scott arrived at approximately 12:03 p.m. Mayor Neal referred to Item 2 regarding the designation of an appointee to represent the "transportation disadvantaged" on the Corpus Christi Regional Transportation Authority. The Mayor made a motion to nominate Mr. Abel Alonzo, seconded by Couneil Member Kinnison, and passed. Mayor Neal announced the executive sessions, which were listed on the agenda as follows: Executive session pursuant to Texas Government Code Sections 551.071, 551.072 and 551.087 regarding the South Wharf Project in the Corpus Christi Marina, with possible discussion and action related thereto in open session. Executive session pursuant to Texas Government Code Section 551.071 regarding David Cook v. City of Corpus Christi, No. C-01-341, United States District Court, Southern District of Texas, Corpus Christi Division, with possible discussion and action related thereto in open session. The Council went into executive session. *Council Member Chesney arrived at approximately 1:08 p.m. The Council returned fi.om executive session. Minutes - Regular Council Meeting June 25, 2002 - Page 2 Mayor Neal referred to Item 25, a presentation by the Mayor's Planning Committee on the July 4t~ "Big Bang" celebration. Ms. Diana Zertuche Garza, Assistant to the Mayor, reviewed the events planned for that day, including the Bayfi'ont Run, U.S. Coast Guard search and rescue, Stars and Stripes parade, patriotic ceremony, Stars and Stripes Aboard the U.S.S. Lexington, Bay Jammin' concert series, and the HEB fireworks display. The following representatives also discussed the 4th of July events: Yvonne Sanchez, HEB; Joe Ochoa and Vicky Lewis, Buccaneer Commission; Rene Garza, Corpus Christi Marina; Chris Kallas, Park and Recreation; and Vic Menard, Mayor's Planning Committee. Mayor Neal opened discussion on Item 5, an overview of the proposed FY 2002-03 Special Revenue, Internal Service and Debt Service budgets. Mr. Mark McDaniel, Director of Management and Budget, said the largest special revenue funds are the hotel tax, crime control, and visitors facilities fimds. He noted that RIZ #1 is the downtown tax increment financing (TIF) district and RIZ #2 is the Packery Channel TIF. He said to illustrate the operation of the funds, staff combined the hotel tax and visitors facilities funds. They are budgeted to have revenues of $6.1 million, or 77% of the total. In addition, the operation and maintenance of visitors facilities is budgeted at $4.2 million or 53%. The second largest expense is convention promotion (i.e., the city's contract with the Convention and Visitor's Bureau), which represents about $2 million or 26%. Mr. McDaniel also reviewed the budget issues for the hotel tax/visitors facilities funds, including contributions to outside agencies; increased funding for CVB marketing efforts; continued multi-year funding for the American Bowling Congress; final funding for the sesquicentennial events; and the pending sale of bonds for the convention center expansion. Council Member Kinnison asked about additional options for increased funding for the CVB. Mr. McDaniel replied that about six months ago, the month-to-month budgeting for hotel occupancy tax was 5% down and about 45 days ago it was 2% behind budget. As of today, the fund is 2% above budget. He said if that holds and the budget is met, that will result in another $118,000 while 2% above is almost another $100,000. In addition, Mr. McDaniel referred to page 305 of the proposed budget document which shows $100,000 for "Convention Center Expansion/Renovation." He said staff discussed programming, that into marketing efforts for the new convention center, which the city would be doing in cooperation with the CVB. Mr. Kinnison expressed concem that the reserve balance is down to about $100,000. Mr. McDaniel said that is one of the masons why staffwas recommending using some money fi.om the Debt Service Fund. City Manager Garcia said that while the convention center is being renovated, it will take a concerted effort to keep conventions booked there. Mr. Garcia said one of the biggest problems other Texas cities are having is that they overestimated their sales tax and convention and visitor tax revenues; as a result, they are having to make up very large deficits. In comparison, City of Corpus Christi staff have been very conservative in their projections and consequently they have been very accurate. Minutes - Regular Council Meeting June 25, 2002 - Page 3 Mr. Kinnison referred to a request from the Arts and Cultural Commission (ACC) for an additional $50,000 from the hotel occupancy tax fund for promotional and organizational costs for the 2003 Corpus Christi Festival of the Arts project. He asked if the ACC members have discussed their marketing ideas with the CVB. Mr. Dan Whitworth, Director of Park and Recreation, said the ACC has contacted the CVB to use their web site to post the event. Responding to Council Member Scott, Mr. McDaniel said that when staff prepared the proposed budget, they projected a negative unreserved fund balance of $21,937 in the Hotel Occupancy Tax Fund (page 304). However, he said, if the revenues continue to stay on track, that number will not be a negative one. He noted that much like the Combined Utilities Fund, the leverage of the entire hotel fund is used to do different things. Mayor Neal recessed the Council meeting to swear in the new board and committee members. Upon reconvening, he asked Mr. McDaniel to continue his budget presentation. Mr. McDaniel discussed the Crime Control and Prevention District Fund, noting that most of the expenditures (72%) are used for the 50 police officers, followed by other expenses (22%) and the Juvenile Assessment Center (6%). He said strategic issues include the fulfillment of the 50-officer plan; continuation of the JAC/juvenile marshals programs; election to renew the district in November 2002; and elimination of support staff in April 2003. Council Member Garrett asked about the juvenile marshals program. Mr. Whitworth said that when the JAC was originally established, police overtime was used as security there. In order to save money, staff has expanded on the Municipal Court marshal's program and is using those staff members for security at the JAC. Mr. Garrett asked what would happen to the 50 police officers if the Crime Control District (CCD) was not renewed. Mr. McDaniel replied that the city would not have a way to fund them. Council Member Colmenero asked about the costs associated with the CCD renewal election. Mr. McDaniel said $100,000 is programmed into the budget. Responding to Council Member Noyola, Mr. Whitworth said the Police Department is using directed patrol officers with each of the school districts to carry out the community policing program. Mr. McDaniel then discussed Facility-Related Special Revenue Funds. He said that for presentation proposes, he combined several of the funds together--those related to the arena, seawall and the two reinvestment zones (RIZ #1 and RIZ #2). He said that sales tax revenues for the arena and the seawall each represent 43% of the total, or $4.2 million each. The seawall debt service is the largest of the expenditures at 54% because those bonds have already been sold. He said there will be continued debt service on RIZ #1 (downtown), while the arena and Packery Channel (RIZ #2) bond sales are pending. Mr. Kinnison said that when the debt for RIZ #1 is paid off in December 2004, the approximate $500,000 in revenue will go back into the General Fund. Mr. McDaniel said it will either free up the city's debt capacity or operation and maintenance costs. He added that that amount is not included in the budget projections. The Internal Services Funds were the next topics discussed. Mr. McDaniel said the city establishes those funds, which are supposed to be supported by the users. The largest category is Minutes - Regular Council Meeting June 25, 2002 - Page 4 liability/employee benefits at 52%. He said that overall, the combined expenditures for all five funds are proposed to decrease by $105,835. Budget issues include rising property/liability and group insurance costs and Risk Management counter-initiatives; deferred equipment replacement and building maintenance; and technology investments. Responding to Mr. Colmenero, Mr. Jim Davis, Fleet Management Superintendent, said the city has two fleets: General Fund fleet and Utilities fleet. The condition of the General Fund fleet varies; for instance, the Police Department fleet is in excellent shape while the Park and Recreation fleet is not. In addition, the Utilities fleet is also in very good shape because of their revenue stream. Mr. Colmenero requested additional information about the condition of the fleets. Mr. McDaniel also discussed the Debt Service Funds. He said that in FY 2007-08, there is a $5 million drop in the combined general long-term debt and in FY 2008-09 there is another $8 million drop. The strategic issues include declining general debt; a potential bond election in 2004; and annual updates to the short- and long-range capital improvement plans. He also discussed the remainder of the operating budget adoption schedule, includ, ing the public hearing on July 9th. Upon verification by Mr. McDaniel, Mayor Neal suggested that any ideas for reallocation of funding in the proposed budget should be discussed during the July 9th meeting. Mayor Neal called for consideration of the consent agenda (Items 6-20). Council members requested that Item 16 be discussed. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following passed: 6. M2002-173 Motion setting a public hearing on the proposed FY 2002-03 operating budget during the regular Council meeting of July 9, 2002. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent. 7. M2002-174 Motion authorizing the City Manager or his designee to purchase from SBC DataCom Inc. of Austin, Texas, in accordance with the State of Texas Cooperative Purchasing Program, an IP phone and data solution equipment for a total of $44,967 for the Wastewater Department. This system will allow for voice and data communications, and it will be integrated into the City's wide-area network and the Water Utilities IP phone systems. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent. Minutes - Regular Council Meeting June 25, 2002 - Page 5 8. M2002-175 Motion authorizing the City Manager or his designee to execute a contract amendment with SBC DataComm Inc. of Austin, Texas, to purchase an IP phone and data system, in accordance with the State of Texas Cooperative Purchasing Program, for the Gas Department at an additional cost of $56,009.34. The interactive voice response and integrated contact distribution features will be fully incorporated with the Water Utilities, Utilities Business Office (UBO), and the Emergency Operating Center (EOC) phone systems. Setup and installation are also included in the contract. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kiunison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent. 9.a. M2002-176 Motion authorizing the City Manager or his designee to accept the final notification of funds award for Fiscal Year 2002, in the amount of $177,933 from the Coastal Bend Council of Governments-Area Agency on Aging for the elderly nutrition program. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent. 9.b. QRDINANCE NO. 024914 Ordinance appropriating a grant in the amount of $177,933 f~om the Coastal Bend Council of Governments-Area Agency on Aging in the No. 1050 Federal/State Grants Fund for the elderly nutrition program. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent. 9.c. ORDINANCE NO. 024915 Ordinance appropriating funds in the amount of $45,000 in additional program income from anticipated participant contributions in the No. 1050 Federal/State Grants Fund for the elderly nutrition program. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent. 10.a. M2002-177 Motion authorizing the City Manager or his designee to accept a contract with the Coastal Bend Council of Governments-Area Agency on Aging/direct purchase vendor agreement with the Senior Companion Program for Fiscal Year 2002, in the amount of $30,000. Minutes - Regular Council Meeting June 25, 2002 - Page 6 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent. 10.b. ORDINANCE NO. 024916 Ordinance appropriating resources in the amount of $30,000 in anticipated funds from the Coastal Bend Council of Governments-Area Agency on Aging/direct purchase vendor agreement in the No. 1050 Federal/State Grants Fund for the Senior Companion Program. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent. ll.a. M2002-178 Motion authorizing the City Manager or his designee to accept a service agreement contract fi.om the Texas Department of Public and Regulatory Services for Fiscal Year 2002, in the amount of $625 for the adult protective services/emergency home-delivered meals program. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent. 11.b. ORDINANCE NO. 024917 Ordinance appropriating resources in the amount of $625 in anticipated service agreement contract funds from the Texas Department of Public and Regulatory Services in the No. 1050 Federal/State Grants Fund for the adult protective services/emergency-home delivered meals program. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent. 12. M2002-179 Motion authorizing the City Manager or his designee to execute a contract and to ratify services provided by the University of Texas Marine Sciences Institute in an amount not to exceed $118,192 for biological monitoring services associated with the Rincon Bayou diversion project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent. 13. M2002-180 Motion authorizing the City Manager or his designee to execute an amendment to an engineering services contract with Urban Engineering of Corpus Christi, Texas, in the Minutes - Regular Council Meeting June 25, 2002 - Page 7 14. amount of $454,125 for the Southside Water Transmission Main, Phases 2, 2a and 3 and the Southside Gas Transmission Main Parts B and C. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent. ORDINANCE NO. 024918 Ordinance appropriating $500,000 into the Street Capital Improvement Program Fund No. 3530 from the Regional Transportation Authority (RTA) for the RTA 2002 Special Projects Program, increasing Fund No. 3530 appropriation by $500,000. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent. 15. M2002-181 17.a. Motion authorizing the City Manager or his designee to execute a contract with Tiburon Inc. of Fremont, California, in the amount of $110,935 for maintenance and software support services on the Police Department's records management, computer-aided dispatching, mobile data/automated vehicle location systems, and video imaging. The term of the contract is for one year. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent. M2002-183 Motion authorizing the City Manager or his designee to accept a grant in the amount of $69,995 from the State of Texas, Office of the Governor, Criminal Justice Division, for funding available for continuation of a project to prevent minors from purchasing and consuming alcohol and to execute all related documents. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent. 17.b. ORDINANCE NO. 024919 Ordinance appropriating $69,995 from the State of Texas, Office of the Govemor, Criminal Justice Division in the No. 1050 State and Federal Grants Fund to implement a project to prevent minors from purchasing and consuming alcohol. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent. Minutes - Regular Council Meeting June 25, 2002 - Page 8 18.a. M2002-184 Motion authorizing the City Manager or his designee to accept a grant in the amount of $147,863 from the State of Texas, Office of the Governor, Criminal Justice Division for funding eligible under the FY2001 juvenile accountability incentive block grants program and to execute all related documents to continue the Juvenile Court within Municipal Court to reduce juvenile delinquency, improve the juvenile justice system and increase the accountability for juvenile offenders. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent. 18.b. ORDINANCE NO. 024920 Ordinance appropriating $147,863 in the No. 1050 Federal/State Grants Fund fi.om the State of Texas, Office of the Governor, Criminal Justice Division and transferring $16,429 from the No. 1020 General Fund and appropriating it in the No. 1050 Federal/State Grants Fund as matching grant funds to establish a juvenile court within Municipal Court. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent. 19. ORDINANCE NO. 024921 ordinance authorizing the City Manager or his designee to execute a use privilege agreement with Old Concrete Street Ltd. for the right to stage a fireworks display on a portion of the Broadway Treatment Plant in conjunction with a performance at the adjacent Concrete Street Amphitheater; and establishing a fee of $460. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent. 20.a. ORDINANCE NO. 024922 Ordinance authorizing the City Manager or his designee to execute Amendment No.1 to the joint use parking agreement between All Saints' Episcopal Church and the City of Corpus Christi authorized by ordinance 021588 on March 9, 1993 to revise the parking premises. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent. 20.b. ORDINANCE NO. 024923 ordinance authorizing the City Manager or his designee to execute Amendment No. 1 to the lease for Jaycee Field between the Corpus Christi Independent School District and the City Minutes - Regular Council Meeting June 25, 2002 - Page 9 of Corpus Christi, authorized by Ordinance No. 022811 on January 7, 1997, to revise duties related to maintenance of the parking lot. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent. Mayor Neal opened discussion on Item 16, police video imaging system. Responding to Council Member Garrett, Police Capt. Leonard Scott said the $40,527 is in addition to what has already been purchased. He said this project will allow patrol officers to view mug shots from their patrol cars. He added that the data base of the "backbone" video imaging system is not yet prepared; the county's and city's contractors are developing it and they hope to have it in place in 60 to 90 days. City Secretary Chapa polled the Council for their votes as follows: 16. M2002-182 Motion approving the purchase of Mobile Viewer software for the TIPS video imaging system from Tiburon Inc. of Fremont, California, for the total amount of $40,527. The equipment is for the Police Department funded through the COPS MORE grant and is based on sole source. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. Mayor Neal referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 21. Case No. 0997-07AMEND. Ci_ty of Corn_ us Christi: An amendment to Ordinance No. 023261 to grant a special permit for a moving and storage company on Bayview Addition, Block 13, Lot 20, located at the southeast comer of Craig and South Alameda Streets. City Secretary Chapa said the Planning Commission and staff recommended approval of an amendment to Ordinance No. 023261 to grant a special permit for a moving and storage company. No one appeared in opposition. Mr. Kinnison made a motion to close the public heating, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes: ORDINANCE NO. 024924 Repealing Ordinance No. 023261 (which granted Special Permit A-2/SP/98-06 for an office for a moving/transfer use and limited parking of associated vehicles, subject to a site plan and conditions, on Bayview Addition, Block 13, Lot 20), upon application by City of Corpus Christi, on behalf of Mafia Gongora; granting a revised special permit identical to the Minutes - Regular Council Meeting June 25, 2002 - Page 10 original special permit except for revised conditions No 3, Fencing, and 7, Signage; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. Mayor Neal referred to Item 22, and a motion was made, seconded and passed to open the public heating on the following zoning case: 22. Case No. 0402-04. Ma~_ C. Roberts: A change of zoning fi'om a "R-lB" One-family Dwelling District to a "B-1" Neighborhood Business District on Glenoak Subdivision, Lot 3, located on the south side of Glenoak Drive, approximately 200 feet east of Waldron Road. City Secretary Chapa said the Planning Commission recommended denial of the "B-l" District, and in lieu thereof, approval of a special permit for an animal grooming shop subject to a site plan and seven (7) conditions. He said city staff recommended denial of the zoning change. Mr. Michael Gunning, Planning Director, showed slides of the existing land uses in the subject area. He said the applicant's family currently lives in the residence, which includes a 520- square foot attached garage toward the rear of the property which Ms. Roberts hopes to convert into the animal grooming shop. He said staff is opposed to the special permit for several reasons: availability of vacant "B-i" zoned property in the area that is more suitable for commercial development; location of the subject property on an interior lot and lack of access to an arterial street; and the possibility of future additional requests for non-residential uses in the area. No one appeared in opposition to the zoning change. Mr. Garrett made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Responding to Mayor Neal, Mr. Chapa said the ordinance before the Council is the Planning Conunission's recommendation. He said if the Council wished to vote for the staff's recommendation, they would vote against the ordinance. In reply to Council Member Scott, Mr. Gunning said staff is opposed to this request because they feel a precedent would be set for non-residential uses to further encroach into the neighborhood on Glenoak Drive. He said a special permit is a zoning district in and of itself and it would provide a buffer between the "B-1" and "R-1B" zoning. He said one property owner expressed concern about animals barking during the daytime and the special permit would prohibit animals from staying overnight at the pet shop. Mr. Scott said he thought the Planning Commission was trying to accommodate a business use while also providing some safeguards for the neighborhood. Council Member Longoria said there have been other situations whereby opposition was not raised to a particular rezoning and, as a result, a decision was made which ultimately infringed on the neighborhood. He said he agreed with staff's recommendation to deny the request. Minutes - Regular Council Meeting June 25, 2002 - Page 11 Mr. Chapa polled the Council for their votes and Item 22 initially failed to pass by the following vote: Chesney, Kinnison, Noyola, and Scott voting "Aye"; Neal, Colmenero, Garrett, Kelly, and Longoria voting "No." Mr. Kelly said he misunderstood and thought he was voting in support of the Planning Commission's recommendation. Consequently, he said he wished to change his vote to "Aye." Mr. Chapa said if the Mayor and Council concurred, he could retake the vote on Item 22. There was concurrence of the Council to do so and Mr. Chapa repolled the Council as follows: 22. ORDINANCE NO. 024925 Amending the Zoning Ordinance upon application by Mary C. Roberts by changing the zoning map in reference to Lot 3, Glenoak Subdivision, (currently zoned "R-lB" One-family Dwelling District) by granting a special permit for an animal grooming shop subject to a site plan and seven (7) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed as follows: Chesney, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Neal, Colmenero and Longoria voting "No." Mayor Neal referred to Item 23, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 23. Case No. 0502-03. Paula Gaut Properties. Inc.: A change of zoning from a "R-lB" One- family Dwelling District to a "B-4" General Business District on Bass Subdivision, Block 28, Lot K, located on the north side of Saratoga Boulevard, approximately 675 feet east of Airline Road. City Secretary Chapa said the Planning Commission and staff recommended approval of a "B-4" General Business District. No one appeared in opposition to the zoning change. Mr. Kinnison made a motion to close the public heating, seconded by Mr. Chesney and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 024926 Amending the Zoning Ordinance upon application by Paula Gaut Properties Inc. by changing the zoning map in reference to Lot K, Block 28, Bass Subdivision, from "R-lB" One-family Dwelling District to "B4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting June 25, 2002 - Page 12 Mayor Neal referred to Item 24, a public hearing on the Flour Bluffarea street improvements project. A motion was made, seconded and passed to open the public hearing. Council Member Scott asked when this project will be completed. Mr. Angel Escobar, Director of Engineering Services, said the anticipated completion is September 2003. Mayor Neal called for public comment. Mr. James Lee, 524 Lakeside, said he thought there was a previous bond project to pay for these improvements. He added that the neighbors should not be assessed an additional cost for improvements to property that does not belong to them. Mayor Neal asked City Attorney Bray if he had any record of a prior bond election regarding this project. Mr. Bray said he did not know of any. He added that in general, bond funds are often used in combination with street assessments to construct improvements to neighborhood streets and the assessments come about through a petition of the property owners. He said a street assessment is legally a form of a tax but it is limited to the benefit of the owners whose property abuts the slzeet. He said it includes a finding that the improvements enhance the value of the owners' property. Ms. Cynthia McKinny, 423 Claride St., questioned whether the streets would continue to be dug up to install water and wastewater improvements. Mr. Escobar explained that in November 2000 a bond project was passed for paving assessments but it did not include the Flour Bluffarea. He said the city is adjusting the gas lines and laying some stormwater lines along Jester Street. He said the contract includes approximately $800,000 in street work, of which most is being paid for by the CDBG program and about $200,000 is being assessed to the property owners. In addition, there is about $1 million in utility work. Ms. McKinny said many of the property owners have septic tanks. Mr. Escobar said the contractor will be required to bring the wastewater line (including a clean-out) up to the owners' properties. Ms. McKinny also asked about liens and costs of driveways. Mr. Bray replied that the amount of the assessment until paid constitutes a lien against the property and, if not paid, the property could be foreclosed upon. Mr. Escobar pointed out that ifa family qualifies for the CDBG program, they can qualify for a grant to pay for all or part of their assessment. Mr. James Sierman, 417 Scotland St., said that very few citizens showed up for the informational meetings at the senior centers when they were held. He said most of the neighbors are glad to see this project progressing and most of the families will not be charged anything according to the list. Mrs. Ellen May Sierman, 417 Scotland St., said she appreciates the Council's efforts in Flour Bluff. She said they want the improved streets and sidewalks under any conditions because she hates to see children walking to school through the street and playing in the gutters. Mr. Wes Hodges, Pastor of First Baptist Church of Flour Bluff, said they are not opposed to the proposed changes but their church owns three lots and it will be assessed over $10,000. He said it will hurt their congregation, which consists of only about 50 people. He said he does not think they will qualify for any grants. Mr. Hector Vallejo, Acting Director of Housing and Community Development, said the paving grant is intended just for homeowners. Minutes - Regular Council Meeting June 25, 2002 - Page 13 Ms. Hilda Wilkinson, 402 Claride, questioned the measurements used to calculate her assessment. Mr. Escobar said staff will provide Ms. Wilkinson with that information. Mr. Lee said that as a result of these improvements, the homeowners' property values will increase and, as a result, they will be paying higher taxes. He said the additional taxes should take care of the assessment. Ms. McKinny said she did not receive a notice of the meeting regarding this project and she asked if the neighbors can request additional meetings. Assistant City Manager Ron Massey said the assessment payments will not occur until after the construction is completed. Mr. Escobar said the mailings were sent to the addresses in the tax records. Mayor Neal said this project began in March 2000 in cooperation with the neighbors in the area. He noted that street improvements generally occur through an ad valorem tax-financed bond election; through the CDBG program; or through a combination of those with a neighborhood petition. He reiterated that projects such as this consist of many types of improvements. Mrs. Sierman said this project will greatly benefit the neighborhood. City Secretary Chapa polled the Council for their votes as follows: 24.b. ORDINANCE NO. 024927 Ordinance closing the public hearing on proposed assessments for improvements to the following highways in Corpus Christi, Nueees County, Texas for the Flour Bluff area street improvements, Phase 1, as follows: Claride Street fi.om N.A.S. Drive to Mounts Street; Mounts Street from Claride Street to Lakeside Drive; Jane Street from Jester Street to Claride Street; Webb Street fi.om N.A.S. Drive to Jane Street; and Scotland Street fi'om N.A.S. Drive to Jane Street; imposing assessments totaling $251,224.35 against property abutting the improvements, affected railways, and property and railway owners; fixing corresponding liens on property and charges against property owners; providing for subsequent adjustment of assessment amounts and the corresponding liens and charges based on as-built conditions; specifying assessment payment terms and lien enforcement measures. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Garrett, Kelly, Kiunison, Longoria, Noyola, and Scott voting "Aye"; Colmenero absent. 24.c. M2002-185 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $1,826,159 with Bay Ltd. of Corpus Christi, Texas, for the Flour Bluff area street improvements, Phase 1, as follows: Claride Street fi.om N.A.S. Drive to Mounts Street; Mounts Street fi.om Claride Street to Lakeside Drive; Jane Street fi.om Jester Street to Claride Street; Webb Street fi'om N.A.S. Drive to Jane Street; and Scotland Street fi.om N.A.S. Drive to Jane Street. Minutes - Regular Council Meeting June 25, 2002 - Page 14 The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero absent. Mayor Neal referred to Item 26, a presentation on the Park and Recreation Department's Gulf beach operations. Mr. Whitworth gave a computer presentation, noting that city staffwere given one month to implement the operations, which increased fi.om one mile of beach to approximately seven miles as a result of the city's annexations of Mnstang Island in December 2001 and portions of Padre Island in April 2002. He said the department maintains three beach zones: fi'om Access Road #6 south 1.7 miles just inside the Kleberg County line; from Access Road//4 north to Zahn Road; and fi.om just south of Access Road #2 to approximately four miles north to the Port Aransas city limits. Mr. Whitworth said the department conducts four main operations: seaweed removal, beach maintenance, trash pick-up, and special events. He said seaweed is a seasonal problem; however, when it is accreting, the process is continuous. He said the city's efforts provide temporary relief from the seaweed but they are affected by tides and the presence of beach users. A brochure explaining the seaweed situation is being distributed locally. Mr. Whitworth said the department has seven full-time employees and two seasonal laborers (June-August). Permanent employees are scheduled to work 40 hours per week on rotating shifts and on a typical day, there will be three to four employees working fi.om 7:30 a.m. to 3:30 p.m. The Park and Recreation Director also described the types of equipment used both for beach maintenance and trash pick-up. He said approximately 125 trash barrels are routinely emptied on Mondays and Fridays; based on priority areas, trash is picked up daily. He also discussed the maintenance of the portable toilets. Mr. Whitworth said the city began selling beach parking permits on June 15, 2002 at a cost of $6 each (which are valid fi.om January 1-December 31). They are available at most Circle K stores, all HEB stores, Wal-Mart at Flour Bluff, and Academy. He said revenues fi.om the parking permits and hotel/motel taxes fund the beach operations. Mr. Whitworth also briefly discussed the city's involvement with special events on the beach. Mayor Neal commended Mr. Whitworth and his staff for their beach operations efforts. Council Member Chesney said he hopes that when stafftalk with media outlets (particularly those around the state), they should emphasize that they are trying to get rid of the seaweed in an environmentally appropriate way. Responding to Council Member Kelly, Mr. Whitworth said one way of disposing of the seaweed is to place it in the sand dunes; another method is to fold the seaweed into the sand using a motorgrader, which helps to nourish the beach. Mr. Kelly said Corpus Christi's beaches are cleaner than those in Galveston and he complimented staff. In reply to Council Member Garrett, Mr. Whitworth further discussed the maintenance of the portable toilets. He said that during the recent C-Sculptures special event, the organizer was required to provide additional toilets. Mr. Garrett asked if the city has the appropriate equipment to provide beach maintenance services. Mr. Whitworth said they use equipment fi.om the vehicle pool and there Minutes - Regular Council Meeting June 25, 2002 - Page 15 have been occasions when breakdowns have strained beach operations. In response to another question fi.om Mr. Garrett, Mr. Todd Jensen, Beach Maintenance Supervisor, said that for special events staff creates a traffic berm for use by emergency vehicles. Council Member Longoria asked about enforcement of litter control. Mr. Whitworth said that at current staffing levels, they do sometimes fall behind on the trash pick-up. He said staff intends to try to make people more personally responsible for their trash. He added that they will work with the Police Department on enforcement efforts. Mr. David Ondrias, Assistant Director of Operations, said that when appropriate, staff hands out trash bags during special events. Mr. Longoria said the beaches should be clean at all times and eventually citizens will respect those efforts. Council Member Noyola asked about the length of the seaweed season. Mr. Whitworth said it varies but it is generally four to five months long. Mr. Noyola suggested that the city look into benefitting fi'om a lawsuit against Koch Refinery. Council Member Scott complimented staff on the beach parking permits and he asked if the city will eventually purchase portable toilets. Mr. Ondfias replied that for the upcoming fiscal year the city will continue to lease and service them. Mr. Scott also commented on the need to better control litter. Council Member Colmenero also discussed the litter problem and suggested that staffwork with the Blucher Institute regarding the seaweed issue. Mayor Neal called for a brief recess. Upon reconvening the meeting, the Mayor referred to Item 27, election issues regarding economic development and the Crime Control and Prevention District. Deputy City Manager Noe said that in anticipation of the November 5, 2002 election, the Council will need to decide which issues will be placed on the ballot for possible use of the two remaining 1/8th cent sales tax increments. The following issues have been discussed publicly: baseball stadium, education/skills development, business development/incubation, jobs, and affordable housing. Mr. Noe said other 1/8th cent sales tax issues are whether the tax should have a time limit and, if so, its length; whether the operations and maintenance cost for the baseball stadium and other projects should be included; whether the site for the stadium should be included; and which economic development sales tax altemative should be adopted (4A or 4B). He said that for the 2000 bond election, the 4A section of the statute was chosen for the seawall and arena projects because the time period of the tax can be limited. Mr. Noe also discussed the proposed ballot language for the following issues: "Continuation of Crime Control District: For or Against whether the Corpus Christi Crime Control and Prevention District should be continued for five years and the crime control and prevention district sales tax should be continued for five years"; and "Lease of city property at south end of marina: For or Against enactment by the Corpus Christi City Council of an ordinance granting to Corpus Christi Wharf Company Ltd. a lease of city property at the south end of the marina, as the ordinance and lease appear on file with the City Secretary." Minutes - Regular Council Meeting June 25, 2002 - Page 16 Mr. Noe then reviewed the economic development sales tax alternatives under Section 4A of the Development Corporation Act: Alternate 1- baseball stadium only; Alternate 2.a.- new and expanded business enterprises (with binding limitation on the types of projects in the ordinance); and Alternate 2.b.- baseball stadium. Under Section 4B, the alternatives are: Altemate 3- combined submission of a baseball stadium and other projects; and Alternate 4- baseball and other projects separately voted upon. Responding to Council Member Scott, Mr. Noe said the city has a letter fi.om the Attorney General's Office that says under Section 4B, a time limit for the tax cannot be designated. He also pointed out that the board structure under the two sections is different: under Section 4A there is a five-member board appointed by the City Council for terms not to exceed six years; under Section 4B there is a seven-member board appointed by the Council for two-year terms but only three members can be officers or employees of the city and the directors have to be city residents. City Attomey Bray added that Section 4A specifies what has to be on the ballot whereas 4B does not. He further discussed the origins of the two sections. Mr. Scott commented about giving voters an opportunity to choose whether they want job promotion alone or whether they want jobs and a baseball stadium, which provides affordable family entertainment. He also asked if location alternatives can be placed on the ballot, and Mr. Bray replied that there is no authority to do that. Council Member Kinnison asked whether a new 4A corporation would be formed ifa 4A ballot issue was approved or whether the existing 4A board for the seawall and arena would remain in effect. Mr. Bray replied that a city cannot have more than one 4A board. Responding to another question fi.om Mr. Kinnison, Mayor Neal said that although there was initial discussion about having a longer term for the CCD, the board ultimately established a five-year renewal period. Mr. Bray said the CCD board calls the election for its ballot issue and the city calls the election for its issue or issues, resulting in a joint election that will be administered by the city. Mr. Kinnison asked about the timeline to place City Charter "housekeeping" issues on the November ballot. Mr. Bray said that about 70 days before the election (near the end of August), the City Secretary will fmalize the election information to send to the Justice Department. City Manager Garcia pointed out that staff can prepare charter housekeeping issues for the Council's consideration and he noted that there is a prohibition against amending the charter more than every two years. Mr. Bray said the last time the charter was amended was in 1993. Responding to Council Member Colmenero, Mr. Noe said there is an extensive list of items in the legislation that are allowable expenses under Section 4B, including virtually anything that is allowable under Section 4A. He added that under Section 4A, the driving factor for the duration of the tax will be if the Council selects the baseball stadium option because they will have to allow enough time to issue bonds and pay off the debt. Mr. Noe further explained the ballot options. In reply to Council Member Noyola, Mr. Bray said the Council does not have to specify a location for a baseball stadium and, if they did not make any further commitment than that, it would be up to the Council later to determine where the ballpark would be located. Mr. Noe said the current Minutes - Regular Council Meeting June 25, 2002 - Page 17 commitment from baseball Hall of Fame member Nolan Ryan and his sons is for a three-year right to exercise this option. He said ifa specific site is listed on the ballot, the city would be committed to that site when they spend the funds to construct the stadium. Mr. Noyola said he does not agree with placing a stadium in the downtown area, saying the Council should explore placing it in another part of the city. Council Member Kelly asked about Altemate 2 regarding the ballot language. Mr. Noe said it uses the generic language that is spelled out in the statute for all those 4A economic development uses. Mr. Bray pointed out that language would be included in the ordinance calling the election creating a contract with the voters that sales tax revenues from the tax (other than for the baseball stadium, if approved) could not be used for anything other than the enumerated uses, such as education/skills development, business development/incubation, and jobs. Mr. Bray went on to say that affordable housing would be a 4B use and it would have to appear on the ballot separately. He added that Section 4A basically specifies--in the context contained in the samples provided to the Council--two ways of proceeding. One way is the broad submission with the business enterprise language and the other way is adding the specific 4B projects. Mr. Bray said the election ordinance can contain language that says the city contracts with the voters that the monies will only be used for specific projects, which would be enumerated and legally binding on future Councils. Mr. Kinnison asked if the Corpus Christi Regional Economic Development Corporation (EDC) has a written agreement with Mr. Ryan and his representatives. Mr. Ron Kitchens, President and CEO of the EDC, said they have an agreement with the Ryans to work on the baseball stadium process together. He said once the Council places the item on the ballot, a memorandum of understanding will be drafted, which is a function of the city and the Port of Corpus Christi. Assuming the issue is approved by the voters in November, the Ryans would then have 36 months to put in place the purchase of a baseball team and league approval. Mr. Kitchens added that "minor league" is affiliated with Major League baseball. Mr. Kinnison said he thinks the agreement should specify a class AA-level team or above. Mr. Kitchens said the current price for a AA team is approximately $7 million, while a AAA team could cost about $10 million. He also discussed other costs associated with a minor league team and entertainment options available at a baseball stadium. Mr. Kinnison said he understands Mr. Noyola's concerns about locating the baseball stadium in the downtown area. However, he said the arena issue was approved by at least 60% of the voters, in contrast to previous failed attempts to locate an arena elsewhere. He added that the Council has a responsibility to inform the voters of the benefits of locating a baseball stadium downtown. Mr. Noyola said he thinks voters should have the opportunity to decide the location of the stadium. Mr. Bray replied that the statute has no legal authority to present the issue that way. Mr. Longoria said the stadium would not actually be located downtown but rather on the north side near the port. He said if the voters approve the stadium, the corridor that would be developed is Port Avenue. Additional discussion ensued. Minutes - Regular Council Meeting June 25, 2002 - Page 18 Mr. Kinnison commented that the city cannot tell Landry's Restaurants Inc. or the Ryans where to locate their developments. He urged the Council to not lose this opportunity for a stadium. Mr. Scott said he has worked on different projects all over the city and he supports the port location. He also commented on the issue of parking. Mr. Chesney said he finds it difficult to understand why someone would not support the stadium because of its location. He said it should be built where other development exists to create a synergy among the facilities. Mr. Chesney asked if Alternate 2 is staff's recommendation and Mr. Noe replied affirmatively. Mr. Colmenero said that Corpus Christi has lost out on many projects, such as Fiesta Texas and Seaworld, and this baseball stadium will provide a valuable development opportunity. He added that parking problems are an inevitable outfall of growth. Mr. Kelly said this project, like the Ortiz Center and other port projects, seem to be accelerating the redevelopment of Port Avenue to the benefit of that area. He reiterated that Nolan Ryan wants to locate the stadium in the northside area. Mr. Noyola said he will not push to defeat the baseball stadium issue but neither will he support it. Mr. Kinnison made a motion to direct staff to draft formal language regarding Alternate 2 with a 15-year time period; renewal of the Crime Control District; and City Charter housekeeping items. Mayor Neal said he would like to add the South Wharf project. Mr. Garcia said those issues will be discussed during the Council's July 9th meeting. Mr. Colmenero seconded Mr. Kinnison's motion and it passed. The next presentation was Item 28, the Risk Management Division quarterly report and the health program comparison. Ms. Lee Ann Dumbauld, Finance Director, introduced Ms. Donna James, Manager of the Safety & Risk Management Division; Mr. Keith McNeely, a consultant for the city; and Mr. Greg Manning, statistician in the Risk Division. Ms. Dumbauld said that year to date, all the health plans combined have a cash flow basis of $878,455, which is better than the two prior years. She said the city analyzes the funds using two bases--cash flow and financial statements. Ms. Dumbauld then delineated the quarterly revenues and expenditures for the city's health plans: Citicare, Citicare Q-Plus, Citicare Fire, and Public Safety Citicare. She discussed additions and deletions to the plan, which begins August 1, 2002. The Finance Director also reviewed the workers compensation program, which has a fund balance of $100,830. She noted that the Police, Fire and Solid Waste departments have the most workers compensation incidents and in the proposed budget staff is recommending committing more money to claim mitigation, safety training, and wellness programs. Ms. Dumbauld and Ms. James then responded to Council members' questions. City Manager Garcia said the city's safety program is very comprehensive and is tailored to the specific needs of the individual work groups. He added that the move to the automated garbage collection program has for the most part eliminated the very dangerous job of garbage collector. Mr. McNeely, with McGriff, Seibels & Williams, gave an overall review of the health plan. He said that with regard to the state of the market place, health benefit costs are expected to rise Minutes - Regular Council Meeting June 25, 2002 - Page 19 12.7% in 2002 and non-controlled prescription drug plans are trending at 18% to 25%. He said there are fewer national participants and concern about local carriers. He said factors driving trend increases are the aging workforce, higher utilization, and less contracted discounts offered by providers. He also gave several benchmarking analyses, including the average 2001 plan cost per active employee; the cost per employee of the city's various health plans; average individual deductibles; individual out-of-pocket maximum amounts; claims utilization; percentage of claims dollars; in- and out-of- network costs; PPO savings versus total claims submitted; employers' strategies for controlling health care costs; and self-funded and pharmacy alternatives. Mr. McNeely said the city's self-funded medical benefits annual program costs are currently lower on a per-employee basis than national averages for all employers and public entities. He said they recommend that the city continue to self-fund the medical plan, either through a third-party administrator option or insurance carrier. Also, the city should negotiate with health networks for continual strong discounts and savings. Mr. McNeely also recommended exploring options on plan design changes and contribution strategies to help mitigate trend increases. Those options include wellness programs; predictive modeling; disease management; focusing on large claimants; and employee education to develop better medical consumers. Responding to Council Member Longoria, Mr. McNeely discussed what he said was the richness of the city's health care plan. In reply to Council Member Chesney, Assistant City Manager Jorge Cruz-Aedo said the new health care program will take effect on August 1, 2003. Mr. McNeely said that requests for proposals (RFPs) will be prepared and released at the end of 2002 for administrative services, provider networks, pharmacy services, and stop-loss reinsurance. Council Member Scott requested additional information about the timeline of the RFPs. Mr. Kiunison asked when the Council will vote on the contracts, and Mr. McNeely said in May 2003. Mayor Neal called for petitions from the audience. Mr. Danny Noyola, 4410 Acushnet, said that if Forward Corpus Christi supports the EDC's four proposed economic development items and rejects proposed infrastructure improvements, affordable housing, and business development components, a specific-purpose committee will be formed that will be called Forward All Corpus Christi. He discussed the multiplier effect that can benefit all citizens and he commented on what he said was a semblance of preferential treatment regarding the upcoming ballot issues. He said the members of Forward All Corpus Christi would like to present their plan for economic development at the next Council meeting. Mr. J.E. O'Brien, 4130 Pompano, said he is prepared to ask a dish-ict judge to tell the City Attorney the exact meaning of Article IV, Section 7 of the City Charter regarding the certification of funds. He said the Council approved actions to hire Fulbright & Jaworski and Michael Terry to assist the city in its negotiations with Landry's and Mr. Leon Loeb. Mr. O'Brien said funds were not certified until after the fact in violation of the charter. He also questioned the method of payment for Mr. Terry's fees. Minutes - Regular Council Meeting June 25, 2002 - Page 20 Responding to Council Member Noyola, City Manager GarCia said the costs for both Mr. Terry and Fulbright & Jaworski are split between the General Fund, Marina Fund and Utilities Fund. He said whenever there are projects that impact the whole organization, staffmakes sure everyone pays their fair share. He said both the Landry's and South Wharf projects, if approved, will be major utilities customers. Mr. Garcia and Mr. Bray reiterated that it is not a violation of the City Charter. Mr. Mike Bem~i, 433 Cape Cod, said he is the Chairman of the Corpus Christi Chamber of Commerce. He said the Chamber board approved a resolution in support of the proposition outlined by Forward Corpus Christi for a 1/8th cent sales tax for economic development. He said the Chamber is encouraging the Council to include the tax on the November ballot. Mr. Tom Watson, 660 Cantwell Lane, referred to the issue of sexually oriented businesses, which he said degrade women and offer nothing positive for the community. He expressed concern about the ordinance which calls for those businesses to move in the future into "I-3" zoning, much of which is located in District 1. He asked the Council to establish a committee to study the issue. Ms. Cruz Colomo, President of the Coalition for the Advancement of Women of Nueces County, said she was appointed as the events coordinator for the city's Sesquicentennial Committee. She said she was shocked to learn that the chairperson of that committee was calling for the group's dissolution because of a lack of interest. She said she would be willing to chair the committee to ensure that the sesquicentennial celebration does occur. Mayor Neal said they are going to take another look at that issue. Ms. Danna Hill Sharpe, 2310 Mercury Lane, said she was speaking on behalf of the Northwest Neighborhood Association regarding the sexually oriented business ordinance. She said that northwest and north Corpus Christi have large tracts of "I-3" zoning mostly along Highway 44, and if the businesses locate there, they will be the first thing visitors fi.om the airport will see. She said that when the ordinance was passed six years ago, northwest Corpus Christi was stagnant. Since then, both Calallen and Annaville have grown dramatically. She asked this Council to reconsider the actions of the previous Council regarding the ordinance. Ms. Mary Beth Nelson, 2721 Erie Dr., said there is a large unguarded oil lake in the area of FM 2444 and County Road 51. She said that according to aerial photographs of the land, there are many other such pits that pose a danger to people. Mayor Neal asked staff to investigate the issue. Mayor Neal opened discussion on Item 29, self-funded health program. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 29. M2002-186 Motion the City Manager or his designee to continue the self-funded health program structure. Minutes - Regular Council Meeting June 25, 2002 - Page 21 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. Mayor Neal called for a brief recess. Upon reconvening, he opened discussion on Item 30, Animal Care and Control Division (ACCD) action plan. Dr. Ardys Boostrom, Acting Director of Public Health, explained that in FY 2001, the ACCD incurred $805,434 in operating costs controlling the animal population of Corpus Christi. She said they picked up, received and contained more than 17,027 dogs and cats, of which less than 3% were adopted (the rest were euthanized). Dr. Boostrom said the current ACCD facility at 1111 Navigation Boulevard is over 25 years old and has exceeded its operational lifespan. A new facility is being built on Holly Road and should be operational by December 2002. She then discussed four initiatives that will improve ACCD's delivery of services: lethal injection euthanasia for domestic animals; spay and neutering program; adoption program; and improved efficiencies in operations. She said the budget impact for FY 2002- 03 is $150,000, which is broken out as follows: low-cost spaying/neutering program- $20,000; two additional Animal Control officers- $41,964; lethal injection euthanasia supplies- $10,000; and shelter operational expenses- $78,036. The Acting Director said that lethal injection euthanasia will be implemented by August 1, 2002 at the approximate cost of 59 cents per 25-pound or less animal. She said training will be provided free of charge by the Houston Animal Control Division in July. The spaying and neutering program will be coordinated with local veterinarians, and the adoption program will involve designating two current Animal Control officers to serve as adoption counselors. She said the ACCD will increase the detainment period on adoptable animals with the overall goal of placing 100% of them with local residents. Responding to Council Member Kinnison, Dr. Boostrom said that about 40% of the animals are considered adoptable. She said the current detainment period is three days and they are planning to extend it to one week. Mr. Cruz-Aedo said the ACCD also plans to partner with community agencies that are engaged in animal adoptions. Dr. Boostrom said that improved efficiences in the organization will involve customer service, employee training, a volunteer program, and changes to the ordinances. She said the customer service elements will include transferring telephone calls for service delivery to the Utilities Business Office; including weekend hours of operation; and monitoring staff performance with customer service surveys. In addition, employees will be trained in customer relations, euthanasia by IV injection, and stress in animal care and control. Dr. Boostrom said the volunteer program will be a partnership with the community and emphasize adoption promotion and responsible pet ownership. She also said that proposed changes to the ordinances will be brought back to the Council within 90 days with the intention of addressing license fees, breeding of animals, control of the animal population, and the sale of dogs and cats on Minutes - Regular Council Meeting June 25, 2002 - Page 22 street comers, which Mr. Cmz-Aedo further discussed. Dr. Boostrom also responded to Council members' questions. Mayor Neal called for public comment. Mr. Roger Bateman, President of the Gulf Coast Humane Society, commended all the people involved in these changes to the ACCD operating plan. He suggested that the city consider adding $100,000 to the spaying and neutering program. He said the Humane Society adopted about 2,000 animals last year and Corpus Christi has the distinction of being one of the worst U.S. cities regarding the number of animals destroyed. He said spaying and neutering is a very effective way of dealing with that problem along with an aggressive public education program. Ms. Cruz Colomo commended the Council, city staffand Ms. Sherry Dunlap for their efforts to address the animal control problem. City Secretary Chapa polled the Council for their votes as follows: 30. M2002-187 Motion authorizing the City Manager or his designee to implement the Animal Care and Control Division action plan. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. Dr. Boostrom then gave the Council an update on mosquitos found to be carrying the St. Louis encephalitis vires. Mayor Neal opened discussion on Item 31, cable franchises. Mr. McDaniel described the four separate ordinances that are before the Council and the key changes that have occurred since the first reading on May 21, 2002. He said city staff has had extensive dialogue with cable users and another meeting with the Cable Communications Commission. With regard to the first ordinance (Item 31.b.), Mr. McDaniel said the key changes include the donation of specified studio equipment to the city by Time Wamer; receipt of an equipment maintenance/facility grant of $3,500 annually in lieu of the $50,000 in year 7; and that Time Warner is obligated to franchise provisions regarding public, educational and governmental access (PEG) even ifClearSource/Grande Communications fails to honor amendments within 120 days, provided the city has initiated formal proceedings. Responding to Council Member Scott, Mr. McDaniel said the users of the public access cable channel (Channel 10) will use a lottery system to schedule their programs, a system that is already being used by the religious access users group. Mr. McDaniel said the changes to the ordinance amending the master cable service ordinance (Item 31.d.) include: the potential for live feeds from public access users; additional access user group responsibility (e.g., block of time, tape delivery deadlines and applications); occasional Minutes - Regular Council Meeting June 25, 2002 - Page 23 programming beyond 59 minutes; "triggers" for forfeiture of time slots; program identification requirements; and complaint/appeal processes. The Budget Director said the key change regarding the ClearSource franchise amendment (Item 31.f.) is the equipment maintenance/facility grant of $3,500 annually in lieu of the $50,000 in year 7 (upon the effective date of the amendments). Regarding the ordinance approving the transaction between ClearSource and Grande Communications (Item 31.h.), Grande has guaranteed the ClearSource PEG obligations even if the transaction does not occur. The Mayor called for public comment. Ms. Mary Beth Nelson said one question is whether the public access users group--rather than city staff--should be establishing the rules. She said she and others have formed an organization called Nueces Public Access Corporation, which is in the process of obtaining non-profit status. She said they would like to be involved in setting the rules and she added that the lottery system does not work for public access users. She said the hours of operation have been greatly cut back and she said the government access channel does not have the same rules. She asked the Council to table these items to further discuss them. Ms. Cruz Colomo said she does not use the public access studio even though she has a public access program. She said she hopes they can reach a satisfactory conclusion to these concerns. Mr. John Bell, a local attorney representing Time Warner Cable, said that while the rules can be a work in process because they have been moved to the regulatory ordinance, he urged the Council to approve the franchises today. In addition, he said the issue of hours of availability for public access has been addressed. Council Member Kelly asked about the equipment donation. Mr. McDaniel said the Council received in their packets a list of the equipment to be donated by Time Warner, which has been shared with the public access users. He added that there will be 15 payments of $3,500 for the equipment maintenance/facility grant. Council Member Noyola asked about the potential for live feeds. Mr. McDaniel said they modified the rules in response to a user's request for live feeds at their expense. He said the cable operator will have to be agreeable to it. In response to other questions from Mr. Noyola, Mr. McDaniel also further discussed the equipment donations, possible studio costs, and the agreements that have been reached. Mr. Bray stated that anyone can sue the city but he feels the city is on very strong ground with regard to this issue. Council Member Kinnison asked about 501 (c)(3) solicitations. Mr. McDaniel said that issue particularly concerns religious access users. Assistant City Attorney Lisa Aguilar said the effective date of the franchise agreement is August 25, 2002, at which time Time Warner will no longer operate a public access studio. Mr. Kinnison asked if additional meetings will be held, and Ms. Aguilar said the Cable Communications Commission has committed to having a meeting in August. Minutes - Regular Council Meeting June 25, 2002 - Page 24 Council Member Colmenero pointed out that despite some changes, the public access channels are remaining. Mr. McDaniel said that several public access users of Channel 10 have engaged in dialogues and are in the processing of organizing themselves. City Secretary Chapa polled the Council for their votes as follows: 31.a. M2002-188 Motion to amend fi'anchise to Texas Cable Partners Inc. prior to second reading. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kiunison, Longoria, and Scott voting "Aye"; Noyola voting "No"; Garrett absent. 31.b. ORDINANCE NO. 024928 Ordinance granting to Texas Cable Parmers Inc. (Time Warner) a non-exclusive franchise to construct, maintain, and operate for a period of fifteen years, and during any extensions thereof, a cable television system and facilities and additions thereto, in, under, over, along, across and upon the streets, lanes, avenues, alleys, sidewalks, bridges, rights-of-way, easements, highways and other places in the City of Corpus Christi, Texas. The foregoing ordinance passed on second reading as follows: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola voting "No"; Garrett absent. 31.c. M2002-189 Motion to amend the master cable services regulatory ordinance amendment prior to second reading. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola voting "No"; Garrett absent. 31.d. ORDINANCE NO. 024929 Ordinance amending the master cable services regulatory ordinance governing use of city streets, lanes, avenues, alleys, sidewalks, bridges, rights-of-way, easements, highways and other places in the City of Corpus Christi, Texas by providers of cable services. The foregoing ordinance passed on second reading as follows: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola voting "No"; Garrett absent. 31.e. M2002-190 Motion to amend the ClearSource franchise amendment prior to second reading. Minutes - Regular Council Meeting June 25, 2002 - Page 25 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola voting "No"; Garrett absent. 31.f. ORDINANCE NO. 024930 Ordinance amending Section 6.2 of the ClearSource franchise regarding public, educational and government access channels. The foregoing ordinance passed on second reading as follows: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola voting "No"; Garrett absent. 31.g. M2002-191 Motion to amend the ordinance approving the transaction between ClearSource Inc. and Grande Communication Holdings Inc. prior to second reading. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola voting "No"; Garrett absent. 31.h. ORDINANCE NO. 024931 Ordinance approving the transaction between ClearSource Inc. and Grande Communications Holdings Inc. subject to requirements. The foregoing ordinance passed on second reading as follows: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola voting "No"; Garrett absent. Referring to the second executive session item (Item 4), Mayor Neal made the following motion, which was seconded by Council Member Chesney: 4. M2002-172 Motion authorizing the City Manager to continue employment of the law firm of Canales & Simonson to represent the city in David Cook v. City of Corpus Christi, No. C-01-341, United States District Court, Southern District of Texas, Corpus Christi Division, subject to certification of funds. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. Minutes - Regular Council Meeting June 25, 2002 ~ Page 26 Mayor Neal called for the City Manager's report. Mr. Garcia referred to the Sesquicentennial Committee and he said that city staff members have contacted the chairperson in an effort to maintain the continuity of that program. Mr. Garcia also discussed the recent incident at Northside Manor and he said they met with a group from the NAACP and the Corpus Christi Caller-Times editorial board. He said the officers involved were the directed patrol officers for that area and the man arrested is alleged to be the primary distributor of crack cocaine there and is a convicted murderer. Mr. Garcia said he questioned the Police Chief as to why there were not more arrests and he said Internal Affairs officers went into the apartments to talk with the residents. Mr. Garcia also discussed issues planned for the July Council meetings. Mayor Neal encouraged the Council to take part in the many July 4th events that are planned. He noted that Gov. Rick Perry will attend the celebration on the U.S.S. Lexington. The Mayor asked about funding from the Nueces County Hospital District. Mr. Garcia said he received a call from Mr. Johnny Hipp, who said the hospital district does not have the funding from the tobacco tax, but the city has not heard about possible funding on the child safety fee. The Mayor also commented on the City of Austin's projected $68 million shortfall. He called for Council reports. Mr. Longoria asked the Council if they would be willing to entertain an ordinance amendment in order to prohibit animals at Kid's Place. Mayor Neal said he had no objections to that and asked staff to bring something to the Council for their review. Mr. Chesney thanked staff for the report on Northside Manor, and announced a "Friends of the Park" meeting on August 13th at 5:30 p.m. at the Park and Recreation Department. Mr. Scott complimented staff for the dedication ceremony of Don and Sandy Billish Park and he asked about the status of ADA improvements at the coliseum restrooms. Mr. Garcia said the restrooms have been completed. Mr. Scott also asked about the President's fair housing initiative. Assistant City Manager Margie Rose discussed the American Dream Down Payment Fund, saying that staff will provide additional information. Mayor Neal said he recently endorsed a proposed $12 million apartment project near Kostoryz Road. Mr. Kinnison asked when the Council will discuss the city's legislative agenda. Mr. Garcia said staff is currently reviewing the draft and they will present it to the Council after the budget is adopted. Mr. Kinnison suggested that the next meeting begin at noon if there is an executive session. Mr. Noyola asked if the Forward All Corpus Christi group can make a presentation to the Council on July 9th regarding the election issues. Mr. Garcia said they had not planned on having any presentations other than one by city staff and they will bring back a proposed ordinance calling the election and containing the four items they discussed that day: Crime Control District, South Wharf, 1/8 cent sales tax, and charter revisions. Mr. Noyola made a motion that the Forward All Corpus Christi group be allowed to make a presentation to the Council on July 9th on what they are proposing; Mr. Kelly seconded the motion. Mr. Chapa polled the Council and the motion failed to pass as follows: Kelly and Noyola voting "Aye"; Neal, Chesney, Colmenero, Kinnison, and Scott voting "No"; Garrett and Longoria absent. Minutes - Regular Council Meeting June 25, 2002 - Page 27 Mr. Noyola asked what happens if Forward All Corpus Christi obtains the necessary amount of signatures for a petition. Mr. Bray said there is only one additional 1/8th cent left of the sales tax and if the Council has an ordinance calling an election with both the Crime Control District tax and the 1/8th cent economic development tax, that fills out the total two cents that can be legally adopted. He said this is a complicated issue without clear guidance, but he feels the Council should not put on the ballot something that, if they all pass, may cause all the items to be void because it exceeds the two-cent cap. He said his advice is to carry the first two on the ballot and see what happens at the November election. He said if there is still 1/8th cent left, then the Council can take up the other issue on the next election date. Mr. Noyola said the people have the right to petition and the Council will be in a bind if the group obtains 9,000 signatures. Mr. Garcia said this item can be discussed at length during the July 9th meeting. He said he feels the City Attorney's proposal is reasonable, is defensible, and allows the city to proceed. Mr. Kelly discussed the sexually oriented businesses ordinance, which he said presupposes that such businesses impose a burden on the community and District 1 already shoulders a disproportionate share of that burden. He said to continue an ordinance that fomes all new sexually oriented businesses to go into District 1 and to move the existing businesses there is unfair and inappropriate for the people who live in that area. Mr. Colmenero also commented on the coliseum restrooms and the National League of Cities' position on the new housing issues. Mr. Garcia said that while those initiatives are very worthwhile, the Homeland Defense initiative is also a priority, which he explained. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 8:15 p.m. on June 25, 2002. 2 a. COMMISSION ON CHILDREN & YOUTH - One (1) vacancy with a three-year term to 5-01-05 representing the category of Law Enforcement. DUTIES: To support a comprehensive system of services and advance policies to meet the needs of Corpus Christi's children, youth and their families. COMPOSITION: The commission shall consist of 14 members appointed by the City Council. One member shall be representative of each of the following fields: Health, Social Service, Religion, Legal, Law Enfomement, Education, Business, Youth Services, Sheriff's Office, and the District Attorney's Office. One member shall be a youth representative from 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 TERM ORIGINAL APPTD. DATE Gloria Jackson (Youth Svcs.), Chairperson 5-01-03 Rosa Balderas (At Large), Vice-Chairperson 5-01-03 PaulaRosenstein (At Large) 5-01-04 Mary Jackson (Social Services) 5-01-05 Barry Abels (Religion) 5-01-04 Vicky Alexander (Health) 5-01-03 Margaret Canales (Business) 5-01-05 Drew Reining (Education) 5-01-04 Liana Gonzales (At Large) 5-01-05 * VACANT (Law Enfomement) 5-01-05 Lauren Ranly (Legal) 5-01-03 John C.B. LaRue {Youth Rep.) 5-01-04 Melissa Madrigal (D.A.'s Office) 5-01-03 Lt. Vidal De la Cerda (Sheriff's Office) 5-01-04 Capt. Tim Wilson (Police Off.) Advisory 1-11-00 7-11-00 12-10-96 10-14-97 5-15-01 2-12-02 2-12-02 2-12-02 6-11-02 3-19-02 5-15-01 2-12-02 2-12-02 12-06-95 Per the request of the Commission on Children & Youth, the Council postponed this appointment on 6-11-02. The position was previously held by Joseph Alley, who met the six-year service limitation and was ineligible for reappointment. OTHER INDIVIDUALS EXPRESSING INTEREST Dixie Lynn Binford Consultant, Corpus Christi Independent School District. B.B.A. from Corpus Christi State University, M.S. fi.om Texas A&M - Corpus Christi. Professional and community activities include the following: 07-09-02.wpd, p. 1 Suzanne Coleman Penny Grochow StevenHaffi~er Charmaine Keller Marilyn J. Kostelnik 07-09-02.wpd, p. 2 Board of Directors of Corpus Christi Ballet, Sesquicentennial Committee, and the Corpus Christi Area Heritage Society. (Education) (2-13-02) Principal, Incarnate Word Academy. M.A. in Secondary Counseling, Louisiana Tech University; M.Ed. in Curriculum & Instruction, University of New Orleans; B.S. in SecondmyEducation, Louisiana State University. Member of National Association of Secondary School Principals. (Education) (9-1 7-01) Assistant Chief Juvenile Probation Officer, Nueces County Juvenile Justice Center. M.S. in Counseling and B.A. in Sociology, Texas A&M University - Corpus Christi. Extensive experience working with and counseling youth and families in crisis. Professional and community activities include the following: Texas Probation Association, Coastal Bend Alliance for Youth, OJJDP Comprehensive Strategy (YOU) Steering Committee and the United Way. (Law EnforcemenO (5-21-02) Probation Officer, Nueces County Juvenile Probation Department. B.A. from St. Mary's University. Recipient of Crime Victim Award on behalf of Juvenile Court. (Law EnforcemenO (6-21-02) 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 Rotmdtable, Y.O.U. and the United 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 yotmger. (Education) (7-31-00) Assistant Professor of Nursing, Texas A&M University-Corpus Christi. Registered nurse and holds a Bachelor's degree and Master's degree in Nursing. Has participated in the following community activities: Tattoo removal, Special Olympics and the Muscular Dystrophy Association. (Health or Education) (10-09-01) Randy Lara Charley McMath Patrieia Pefia William James Shack Amanda Stukenberg Nancy Wesson-Dodd Senya A. "Robin" West 07-09-02.wpd, p. 3 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. bom 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 Historical Committee. (Education) (1-17-01) Independent Advanced Market Specialist. Attended Texas A&M University - Corpus Christi. Member of the Government Affairs Committee, Hispanic Chamber of Commerce. (Business) (5-23-02) Employed as a cook. Attended W.B. Ray High School. (At Large) (12-27-00) Director of Planned Parenthood of South Texas. B.A. in English, Princeton University. Member of League of Women Voters, Communities in Schools, and Coastal Bend Alliance for Youth. (Health or Social Services) (5-03-01) Executive Director, YWCA of Corpus Christi. M.S. in Social Work. Community and professional activities include the following: 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) (9-13-01) Business and Community Partnerships Consultant, Corpus Christi Independent School District. B.A. in Political Science/Social Psychology, Texas A&I University-Kingsville. Community activities include: Chairman of the Coastal Bend Alliance for Youth, America's Promise Coastal Bend Connection and Coastal Bend Mentor Alliance; co-committee Chairman of Youth Opportunities United. (Education) (6-10-02) Elaine A. Yellen Assistant Professor of Nursing, Texas A&M University-CorpusChristi. Ph.D. inNursing. Active volunteer with St. Bartholomew's Church. Member of Texas Nurses Association - local chapter. (Health or Education)(l~2$-O1) 07-09~02.wpd, p. 4 b. CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION - Three (3) vacancies with two-year terms to 7-31-04. DUTIES: Organized exclusively for the purpose of benefitting and accomplishing public purposes of, and to act on behalf of, the City, to undertake, maintain and finance projects through Propositions 4 and 5 approved by voters on November 7, 2000. COMPOSITION: The affairs of the Corporation shall be managed by a board of directors which shall be composed of five persons appointed by the City Council of the City. Thc terms of the directors shall be two years, expiring on July 31 of each year. Directors may be appointed to succeed themselves. No Director may serve longer than six years consecutively, unless such service is required to complete an unexpired term. Each director must be a resident of the City. MEMBERS TERM ORIGINAL APPTD. DATE * Dr. John M. Richards, Chairperson 7-31-02 * Dr. Rosie Bonilla, Vice-Chairperson 7-31-02 * Robert Broadway 7-31-02 Gall Hoffi'nan 7-31-03 Sam J. Susser 7-31-03 9-12-00 9-12-00 9-12-00 1-08-02 9-12~00 * Seeking reappointment ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME NO. OF MTGS. THIS TERM NO. % OF ATTENDANCE PRESENT LAST TERM Dr. John Richards, Chair Dr. Rosie Bonilla, Vice-Chair Robert Broadway 6 6 6 4 6 5 100% 67% 83% OTHER INDIVIDUALS EXPRESSING INTEREST Joe Atkinson Banking Executive, Wells Fargo Bank. Background in Finance, Investment and Business Development. Member of Corpus Christi Hispanic Chamber of Commerce, Gulf Coast Humane Society, Minority Business Opportunity Committee Board, Hispanic Contractors Association and the Westside Business Association. (8-24-00) 07-09-02.wpd, p. 5 Edna Balboa Margaret Canales J. Bradley Clarke Juan M. De La Garza Guadalupe Gomez Mike T. Johnson Patty Puig Mueller 07-09-02.wpd, p. 6 Co-owner, Challenge Quest, Inc. B.A. in Political Science, December 2001. Community activities include the following: Vice-President of Edgeworks, member of the Coalition for the Advancement of Women, and Youth Odyssey volunteer. (6-19-01) General Administrative Assistant, Citgo Refinery. B.B.A. from the University of Incarnate Word. Member of Citgo 2001 United Way Committee. (9-07-01) Self-employed, Real Estate Sales. (8-06-01) Owner, Auto America Service Center, Inc. Associate's degree from Del Mar College. Community activities include the following: Rotary Club member and Car Club (Auto American Race Team) that mentors teenagers. (5-25-01) President, The Laredo National Bank, Corpus Christi. B.B.A. in Finance, C.C.S.U. Member of the Corpus Christi Hispanic Chamber of Commerce, Westside Business Association, Gulf Coast Council of La Raza, the City's Senior Community Services Advisory Committee and the Selena Foundation. (8-24-00) Administrator, Christus SpohnHospital South. M.P.A. and B.A. in Political Science fi'om Texas Tech University. Member of the American College of Healthcare Executives - Regional Advisory Board, Division Chair of the Texas Hospital Association and the Texas Voluntary Hospital Association. Formerly served on the City of Lubbock Traffic Commission and Zoning Board of Adjustments. (4-01-02) Vice-President of Finance, Mueller Energetics Corporation. B.S. in Education, U.T. Austin. Community activities include the following: Coastal Bend Community Foundation Board of Directors, C.C. Rotary Club member, Nueces River Authority board member and Federal Reserve Bank of Dallas (San Antonio branch) board of directors. Recipient of the Distinguished Citizen Award from the City Wilfredo "Willie" Rivera Isidore Salazar Jane H. Stanford, Ph.D. Council in 1987. (9-12-00) Principal & Project Engineer, Naismith Engineering, Inc. B.S. in Civil Engineering, Texas A&I University. Licensed Professional Engineer and Certified Deputy Registrar. Member of Hispanic Chamber of Commerce, Young Professionals Club and Coastal Bend MinorityBusiness Council. Volunteer with Ray High School Mentoring Program. Leadership Corpus Christi alumni, Class 28. (8-24-00) President/CEO, Isidore H. Salazar Construction, Inc. Community activities include the following: Chairman of Hispanic Contractors Association, Hispanic Chamber of Commerce, and C.C. Chamber of Commerce. Recognized by Hispanic Magazine as one of the fastest growing Hispanic businesses in 1999. (9-12-00) Consultant, Strategic Management Solutions. Serves as an adjunct professor at Texas A&M - Corpus Christi. Ph.D. in Organization Theory and Strategic Management and an M.B.A. Current member of Leadership Corpus Christi Class XXX, the Chamber of Commerce and the Hispanic Chamber of Commerce. (1-29-02) 07-09-02.wpd, p. 7 c. CORPUS CHRISTI AREA CONVENTION AND VISITORS BUREAU - Five (5) vacancies with three-year terms to 7-31-05 representing the following categories: 2 - At large, 2 - Lodging and 1 - Attractions. DUTIES: To create a consciousness on the part of the citizenry of the Corpus Christi Bay Area of the potential trade advantages of the visitor industry; create a comprehensive publicity, advertising and promotional program to solicit and attract conventions and visitors to the Corpus Christi Bay Area and provide appropriate services connected therewith; promote and assist programs of information, education, recreation and development of visitors to such areas; and create friendly relations between the citizens of the area and visitors. COMPOSITION: Fifteen (15) members selected directly by the City Council. The members shall be representatives of the following groups: 3 - lodging industry; 2 - restaurant industry; 2 - area attractions; 1 - air/ground transportation industry; and 7 - community at large. The above members shall include persons from all areas of the City in order to assure diverse geographic representation on the Board. The Mayor, City Manager and the Port of Corpus Christi Authority, or their designees, shall serve as additional non-voting members of the Board. Appointments will be for staggered, three-year terms; provided that the term of office of any member who is a public official shall coincide with his or her term of public office. No person may serve as a voting member for a period longer than six years consecutively, unless such service is required by virtue of the person's position or title or to complete an unexpired term. MEMBERS TERM Brad Lomax (Restaurant), Chairman 7-31-03 * Bert Quintanilla (At large), Vice-Chair 7-31-02 Govind Nadkami (Lodging) 7-31-03 * Jody Patel (Lodging) 7-31-02 * Dave Prewitt (Lodging) 7-31-02 * Bill Goin (Attractions) 7-31-02 Cristina Garza (Restaurant) 7-31-03 Victor Gonzalez (Transportation) 7-31-04 Tom Schmid (Attractions) 7-31-04 Bill Morgan (At large) 7-31-04 Vangie Chapa (At large) 7-31-03 Linda Routh (At large) 7-31-04 Bemey Seal (At large) 7-31-03 John Thee (At large) 7-31-04 * Dan Viola (At large) 7-31-02 Lillian Riojas (Port of Corpus Christi) Ex-Officio Mayor Ex-Officio City Manager Ex-Officio * Seeking reappointment ORIGINAL APPTD. DATE 2-22-00 2-22-00 2-22-00 2-22-00 6-12-01 2-22-00 2-22-00 2-22-00 2-20-01 5-16-00 2-22-00 2-22-00 2-22-00 2-22-00 5-08-01 07~09-02.wpd, p. 8 NOTE: The Convention and Visitors Bureau Board of Directors is recommending the reappointment of Bert Quintanilla (At large), Jody Patel (Lodging), Dave Prewitt (Lodging), Bill Goin (Attractions) and Dan Viola (At large). Per the Convention and Visitors Bureau's agreement with the city, the board is required to submit more names than vacancies. Therefore, the Board also recommends Tom Hallick (.4t large) and Elaine Motl (~It large). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM NO. % OF ATTENDANCE PRESENT LAST TERM Bert Quintanilla (At large) Jody Patel (Lodging) Dave Prewitt (Lodging) Bill Goin (Attractions) Dan Viola (At large) 10 9 90% 10 8 80% I0 9 90% 10 10 100% 10 8 80% OTHER INDIVIDUALS EXPRESSING INTEREST Neill F. Amsler President, A1 Hogan Builder, Inc., BS from Miami University, Board Member of "Making the Grade" school program, Victoria Tech Prep, and Calhotm Victoria Foreign Trade Zone. Member of various single purpose committees such as the Long Range Planning Committee of the Golden Crescent Regional Planning Commission, Victoria Chamber of Commerce, and Transportation Committee. (At Large) (2-18-00) Edna Balboa Co-owner, Challenge Quest, Inc. B.A. in Political Science, December 2001. Community activities include the following: Vice-President of Edgeworks, member of the Coalition for the Advancement of Women, and Youth Odyssey volunteer. (6-19-01) Bob Becquet Owner, Jason's Deli. Activities include President of C.C. Restaurant Association, Chairman of Finance Committee for St. Pius X Church, Literacy Council and Chamber of Commerce. (RestauranO (2-16-00) Dale D. Ben'y Director of Development, Texas A&M - Kingsville. B.A. from Howard Payne University. Professional and community activities include the following: Beautify Corpus Christi and the Association of Fund Raising Professionals. (1-24-02) 07-09-02.wpd, p. 9 Dennis Brewer Irene Chavez J. Bradley Clarke N. Foster Edwards Herbie Garcia, Jr. Mary Garrett Rudy Garza, Jr. Guadalupe Gomez Division President, First American Title Insurance Company. Former member of the Convention and Visitors Bureau board in Tyler, TX. Past president of South Tyler Rotary Club. (At large) (4-13-00) Assistant Director of Community Relations, Corpus Christi State School. B.A. in Speech Communication from St. Mary's University. Community activities include the following: Founding member and treasurer of the Coastal Bend Cesar Chavez Committee, Coastal Bend Alliance for Youth member and Assistant Community Relations Liaison for the Volunteer Services Council of the C.C. State School. (At large) (6-04-02) Self-employed, Real Estate Sales. (8~06-01) CEO, C.C. Association of Realtors. M.A. in Political Science, Southwest Texas State University. President of C.C. Industrial Foundation and Secretary of Nueces County Beach Advisory Committee. Graduate of Leadership Corpus Christi, Class XI. (At Large) (2- 02-00) President, Netreadygo.com, Inc. M.B.A. and B.B.A. inMIS from Texas A&M-Corpus Christi. Memberof Hispanic Chamber ofCommeme, LULAC and Who's Who in Information Systems Processing. Work history includes Senior Planner with the City of Houston and Manager in Texas Governor's Office during the Ann Richards administration. (At large) (2- s-oo) President, Mary Garrett & Associates. Fifteen year's sales and marketing experience in hospitality industu. Her company recently recognized as one of five largest meeting management companies in Texas. (At Large)(2-09-O0) Self-employed - Real estate. B.B.A. from Texas A&M - Corpus Christi. Member of the National Association of Purchasing Managers (At Large) (3- OS-O1) President, Laredo National Bank. B.B.A. in Finance. 07-09-02.wpd, p. 10 Gary Groesbeck Thomas J. "Tommy" Hallick Jim Jones, Ph.D. Sandy Keiser Robert T. Lacy, Sr. Randy Lara Kevin R. Latone 07-09-02.wpd, p. 11 Member of Selena Foundation, Hispanic Chamber of Commerce, Westside Business Association, Gulf Coast Council ofLaRaza. (AtLarge) (12-08-99) Retail Owner, Padre Staples Mall. Member of Creative Arts Center Board, Vice-President of Finance - Art Museum board and Bayfest Electrical Chairman. (At Large) (2-18-00) Vice-President of Operations, Avis Rent A Car. Community activities include the following: SEA Board Member, Beefiest, Chamber of Commerce, and CCA State Board member. Recipient of the Volunteer of the Year Award from Chairmanship of Kids Place Addition. (At large) (6-25-02) Retired Professor of Management, Del Mar College. Ph.D., University of North Texas; M.B.A., Texas A&M - CC. Recipient of the Presidents' Award from Hotel Motel Condo Association for significant contributions to the hospitality industry. (At Large) (2-16-00) Sales Manager, Thrifty Car Rental. Past Chair of Hospitality Sales & Marketing Association and current Chair, Chamber Ambassadors. (AtLarge) (2- IO-O0) Retired Ford dealer - 31 years. Community Activities include the following: Board member of Crime Stoppers and Beautify Corpus Christi. Past President of the Coastal Bend Car Dealers. Active with the Robstown Lions Club, Ford Advertising Board, and the Better Business Bureau. (At large) (4-09-02) Marketing Specialist, Driscoll Children's Hospital. Attended Southwest Texas State University. Active with the Young Professionals Club, C.C. Chamber of Commerce ambassador, and Koch Coastal Bend Community Advisory Council. (At large) (9-13-00) General Manager, Omni Corpus Christi Hotels. Past activities include Past President of the Huntsville Hotel/Motel Association and past President of the Alabama Hospitality Association. Extensive experience in the hotel industry. (Lodging) (5-18-01) Mary McQueen Elaine Motl Anna Mercado-Flores Frank "Rocco" Montesano Corbett "Butch" Pool W. Mark Rand ~im Rimby 07-09-02.wpd, p. 12 Marketing, Texas State Aquarium. B.B.A. in Management and Marketing, C.C.S.U. Leadership C.C. Alumni, Class X1V. Past distinctions include the following: three award-winning advertising campaigns for Texas A&M-CC (1993-99) and CCSU- USCC Student Leadership Award (1991). (2-18-00) (Attractions) President/Owner, E.M. Marketing Company. Extensive experience as an event producer including the following: Executive director of Harbor Lights Festival, Race Producer of Allen Samuels Chevrolet Powerboat Shoot-Out, and Event Producer for the U.S. Open Windsurfing Regatta. Member of the Corpus Christi Rotary Club, International Festivals Association and the American Advertising Federation. Recipient of Race Course of the Year Award in 2000. (At large) (6-27-02) President, International Meeting Planners. Past Chairperson of Hispanic Chamber of Commerce. Winner of Outstanding Community Service Award. (At Large) (2-16-00) Executive Director, U.S.S. Lexington Museum. B.S., United States Naval Academy; Master's in Public Administration fi.om St. Mary's University. Member of Convention and Visitors Bureau Interim Board (Chairman of Nominating Committee), Navy League. Associate Professor for St. Mary's University. Has received two Legion of Merit awards. (Attractions) (2-04-00) Director of Domestic Operations, Neptune Fisheries. B.B.A. in Finance, Texas A&M University - Corpus Christi. Volunteers for Bayfest and the Junior League of Corpus Christi. (At large) (6-22-01) Owner/President, Golden Banner Press. B.S. in Agriculture and Economics, Texas A&M-College Station. Member o fAmerican Advertising Federation and Ronald McDonald House. (At Large) (2-16-00) Regional Sales Director, Zep Manufacturing. Serves on the Board of Directors for Executive Housekeepers Association and the Propeller Club. Member of the Greg Salvo Hotel Motel Condo Association. (At Large) (2-18- 00) Sales, Williams Wholesalers. Activities include Sunrise Rotary Club President- Elect, Corpus Christi Area Council for the Deaf, Coastal Bend Restaurant Association and Salvation Army Board. (At large) (2- 17-00) 07-09-02.wpd, p. 13 LEADERSHIP COMMITTEE FOR SENIOR SERVICES - One (1) vacancy with a term to 2-01-04 representing the category of Community. DUTIES: To assist the Senior Community Services division staffin the development of comprehensive senior citizens program plans; to advise the SCS division staff of the needs for services according to locally conceived priorities; to review and evaluate SCS operations; to increase recognition of volunteers and public awareness of the division by coordinating and planning special events; and to coordinate and plan fund-raising activities to benefit SCS division goals. COMPOSITION: Fifteen (15) members representing the following categories: 2 - Senior center participants, 2 - Retired and Senior Volunteer Program (R.S.V.P.) volunteers, 2 - Senior Companion Program (S.C.P.) volunteers, 3 - Direct service agencies, and 6 - Community representatives. Initially, eight (8) members shall be appointed for a term of one-year and seven (7) members shall be appointed to two-year terms. MEMBERS TERM ORIGINAL APPTD. DATE Alan D. Bligh (Community), Chairman H. Rex Amick (Agency), Vice-Chaimaan Marion Ball (Senior center) Pauline Johnson (Senior center) Hector Garza (R.S.V.P.) Diamantina Cisneros (R.S.V.P.) Apolonia Cantu (S.C.P.) Pete Oliver (S.C.P.) Roland Medrano (Agency) Juanell M. Graham (Agency) Gloria Farias (Community) Anna Gonzales (Community) Lucy Johnson (Community) Patricia Shufelt (Community) Russell B. Stowers (Community) 2-01-03 2-12-02 2-01-04 2-12-02 2-01-03 2-12-02 2-01-04 2-12-02 2-01-03 2-12-02 2-01-03 6-11-02 2-01-04 2-12-02 2-01-03 2-12-02 2-01-03 2-12-02 2-01-03 6-11-02 2-01-04 2-12-02 2-01-04 2-12-02 2-01-03 2-12-02 2-01-04 2-12-02 2~01-04 2-12-02 * Has exceeded the number of absences allowed by ordinance NOTE: Patricia Shufelt (Communffy) is requesting that the Council consider reinstating her to this committee. Ms. $hufelt missed the meetings because of a serious illness in her family that required her to travel out-of-town for medical treatment. The treatment has been completed so she feels that she will now be able to attend meetings on regular basis. OTHER INDIVIDUALS EXPRESSING INTEREST Irene Chavez Assistant Director of Community Relations, Corpus Christi State School. B.A. in Speech Communication 07-09-02.wpd, p. 14 William Koprowski, J.D., Ph.D. Margaret Palacios Patricia Pefia Pam Stetina t~om St. Mary's University. Community activities include the following: Founding member and treasurer of the Coastal Bend Cesar Chavez Committee, Coastal Bend Alliance for Youth member and Assistant Community Relations Liaison for the Volunteer Services Council of the C.C. State School. (Community) (6-04-02) Professor & Program Manager ofHealthAdmi- nistration, Texas A&M University-Corpus Christi. J.D., University of South Carolina; Ph.D., Temple University, M.S. from University of Southern California; B.A. from Temple University. Member of Texas Healthcare Information Council and Board Member of Healthcare Financial Management Association. Special awards received include: Fulbright scholar. (Community) (7-25-01) Retired. Graduate of Miller High School and attended Del Mar College. Vice-President of AARP (Greenwood chapter). (Community) (11-28-01) Independent Advanced Market Specialist. Attended Texas A&M University - Corpus Christi. Member of the Government Affairs Committee, Hispanic Chamber of Commerce. (Community) (5-23-02) Assistant Professor of Nursing, Texas A&M University-Corpus Christi. Master's and Bachelor's degrees in Nursing and holds a certificate in Gerontology. Professional and community activities include: member of Oncology Nursing Society, National League of Nursing and Sigma Theta Tau. Special awards received include: Educator of the Year, 1995; Who's Who in Medicine and Healthcare 1999-2000. (Community) (12-11-01) 07-09-02.wpd, p. 15 e. PARK AND RECREATION ADVISORY COMMITTEE - One (1) vacancy with a term to 8-23-03. DUTIES: To provide advice on City parks and buildings therein, public outdoor recreation areas and centers and other grounds under its purview by the City Manager. COMPOSITION: Eleven (11) members appointed by the City Council, who are residents of the City and serve without compensation for a two-year term beginning August 23, or until their successor is appointed. The Board elects its Chairman. MEMBERS TERM ORIGINAL APPTD. DATE. Victor Menard, Chairman Sandra Billish, Vice-Chairman Anne Baker Marvin Spears Robert Anderson J. Bradley Clarke Billy Olivarez Gerardo Alvarez Maria A. Ramos Rome Gregorio Linda Lindsey 8-23-02 8-13-96 8-23-02 9-14-99 8-23-03 9-14-99 8-23-02 8-13-96 8-23-03 8-21-01 8-23-03 8-21-01 8-23-03 3-25-97 8-23 -03 1-26-99 8-23-04 2-12-02 8-23-02 8-22-00 8-23-03 8-21-01 * Resigned OTHER INDIVIDUALS EXPRESSING INTEREST Kevin Ferran Asset Manager, Citgo Refining and Chemicals. M.B.A. from Pepperdine University, B.S. in Chemical Engineering from California State Polytechnic University. Community activities include the following: Padre Soccer League board member, director of player development and coach; City of Corpus Christi Recreation Department volunteer league player. (3-08-02) Patricia Pefia Independent Advanced Market Specialist. Attended Texas A&M University - Corpus Christi. Member of the Government Affairs Committee, Hispanic Chamber of Commerce. (5-23-02) Gregory T. Perkes Principal Attomey, The Perkes Law Firm. J.D. from St. Mary's University and B.A. from U.T. Austin. Professional and community involvement include the 07-09-02.wpd, p. 16 William James Shack Raul Torres following: Secretary and Editorial Board member for Corpus Christi Lawyer Magazine, course director for the Annual Civil Appellate Law Seminar, Leadership Corpus Christi graduate XIX, sergeant-at-arms of the Downtown Rotary Club, YMCA Teen and Outreach Services and the Texas Family Business Scholarship Fotmdation. Recipient of the American Jurisprudence Award in Contract Law. (6-27-02) Employed as a cook. Attended W.B. Ray High School. (12-27-00) C.P.A., Self-Employed. Member of Texas Society of C.P.A.s and American Management Association. (6- 27-01) 07-09-02.wpd, p. 17 PLANNING COMMISSION - Three (3) vacancies with three-year terms to 7-31-05. DUTIES: To make and amend a master plan for the physical development of the City; to recommend to the City Council approval or disapproval of proposed changes in the zoning plan; to exercise control over platting or subdividing land within the corporate limits of the city and within an area extending five miles beyond the City limits; to submit annually to the City Manager not less than 90 days prior to the beginning of the budget year a list of recommended capital improvements which in the opinion of the commission are necessary or desirable during the forthcoming five year period; to require information from other departments of the City government in relation to its work; to be responsible to and act as an advisory body to the City Council and to perform such additional duties and exercise such additional powers as may be prescribed by ordinance of the City Council. COMPOSITION: Nine (9) members which shall consist of nine registered voters of the City appointed by the City Council. Elects its own chairman from among its membership at the first regular meeting in August of each year. MEMBERS TERM ORIGINAL APPTD. DATE * David Berlanga, Chairman * Shirley Mims, Vice-Chairman Richard B. Smith Neill F. Amsler Eloy H. Salazar Robert Zamora Michael Pusley Elizabeth Chu Richter ** L. Brooke Sween-McGloin 7-31-02 7-13-99 7-31-02 7-13-99 7-31-04 7-10-01 7-31-03 7-11-00 7-31-03 7-11-00 7-31-03 7-11-00 7-31-04 2-13-01 7-31-04 8-11-98 7-31-02 7-09-96 * Seeking reappoint~nent ** Has met the six-year service limitation and is ineligible for reappointment ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME NO. OF MTGS. THIS TERM NO. % OF ATTENDANCE PRESENT LAST TERM David Berlanga, Chairman Shirley Mims, Vice-Chair 22 19 (2 ex. ab.) 22 15 (5 ex. ab.) 86% 68% OTHER INDIVIDUALS EXPRESSING INTEREST Louis Alvarado Realtor/New Construction Representative, Martin Agency Realtors. Professional and community activities include the following: Kiwanis Club, C.C. 07-09-02.wpd, p. 18 JayBoock Juan M. De La Garza Randy Farrar Edgar Farrera James M. Goldston Guadalupe J. Gomez William J. Green 07-09-02.wpd, p. 19 Board of Realtors, Public Relations Director for Quetzal Theatre Group, Hispanic Chamber of Commerce and Hispanic Contractors Association. (5- 28-01) Controller, Occidental Chemical Corporation. B.S. in Science, Oregon State University. C.P.A. certified in Maryland and Texas. Member of the Texas Societyof C.P.A.s and the American Institute of C.P.A.s. (12- ~3-99) Owner, Auto America Service Center, Inc. Associate's degree from Del Mar College: Community activities include the following: Rotary Club member and Car Club (Auto American Race Team) that mentors teenagers. (5-25-01) President, TexCoast Enterprises, Inc. B.B.A. in Accounting from Texas A & M University. Member of the Governmental Relations Committee of the Texas Association of Builders. Received the 97-98 Caller Times Best of the Best Readers Choice Award. (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. (8-21-01) Chairman, Goldston Engineering, Inc. Received B.S. in Civil Engineering. Board Member with Asian Cultures Museum and Education Center, Corpus Christ Rotary Club, Member ofA. S. C .E. and T. S.P .E. and the Navy League. (7-01-01) President, The Laredo National Bank. Received a B.B.A. in Finance. Member of the Selena Foundation, Hispanic Chamber of Commerce, and Westside Business Association. (12-08-99) Project Manager, Goldston Engineering. Received B.S. at Rice University. Member of T.S.P.E., A.S.C.E., S.A.M.E. and a former member of the City Manager's Career Development Center. (5-30-00) Roland Guerra Charles D. Irwin John Martinez Alan McClain James Robbins Yogesh Shah R. Bryan Stone Vice President, Pacific Southwest Bank. Received B.B.A. in Finance from Corpus Christi State University. Active member in the Chamber of Commerce, Hispanic Chamber and Spohn Memorial Diabetes Inter-Disciplinary Advisory Board Member. (1-21-99) Management Professor, Texas A & M University - Corpus CtLristi. Received Ed.D. in Business Administration. Served as Civic Club President, Campus Ethics Advisor, and active in Pharaoh Valley Neighborhood Association.. (7-03-01) Attomey, The Kleberg Law Firm. B.S. in Political Science from Texas A & M University and J.D. from Baylor University School of Law. Member of Leadership Corpus Christi, Hispanic Chamber of Commerce, Image de Corpus Christi & Mediator's Association of South Texas. (12-11-99) Investment Manager, Kaffie Goodman & Pitcairn. B.B.A. in Finance, Texas A&M-CC. Professional and community activities include the following: Forward Corpus Christi, Rotary Club and Leadership Corpus Christi Alumni - Class 29. (5-24-01) Retired Army Pilot and Air Traffic Controller. Graduate of Howard Payne University - received Certification in Ministry, focus on Chaplaincy. Currently a Volunteer Chaplain at Bay Area Hospital. Member of the Vietnam Helicopter Pilots Association and the Association of the United States Army. ($-1 O- Project Manager, Citgo Refinery. M.S. in Civil Engineering (Structural). Civic/professional activities include the following: board member of C.C. Education Foundation, American Society of Civil Engineers, and 1996 President of Coastal Bend India Foundation. (7-01-01) Attorney/Parmer, Law Offices of Stone and Stone. Graduated Cum Laude, University of Houston Law School. Board certified in Commercial, Residential and Farm and Ranch Law. Community activities include the following: Board of Directors - Corpus 07-09-02.wpd, p. 20 Paul Swacina Robert Tamez Roy B. Tansill Raul Torres Christi Deaf Council, President of the Texas Longhorn Foundation (C.C.), Board of Directors - Corpus Christi Food Bank, Graduate of Leadership Corpus Christi 1994. (1-29-02) Lawyer/Shareholder, Brin & Brin, P.C.B.A. and J.D. from Baylor University. Member of Coastal Conservation Association, Coastal Bend Bays Foundation, Coastal Bend Land Trust and Land Trust Alliance. (12-16-99) Energy Facilitator, Citgo Corpus Christi Refinery. Graduate of Del Mar College and Measurement School of Hydrocarbons at the University of Oklahoma. Member of the Hispanic Chamber of Commerce, Westside Business Association and Chairman of CITGO/MDA Golf Tournament. (7-25- 99) Field Technician, URS. M.A. in Clinical Psychology from Loyola College in Baltimore, MD. Community activities include the following: representative to Padre Island Property Owners Association and newsletter editor for Corpus Christi Windsurfing Association. Retired from the Maryland Department of Health and Mental Hygiene. (4-17-02) C.P.A. with a B.B.A. and M.B.A. from Texas A&M University in Corpus Christi. Member of Texas Society of C.P.A.'s and American Management Association and the Head Start Program. (6-07-01) 07-09-02.wpd, p. 21 3 NO ATTACHMENT FOR THIS ITEM 4 NO ATTACHMENT FOR THIS ITEM 5 NO ATTACHMENT FOR THIS ITEM 6 AGENDA MEMORANDUM July 9, 2002 SUBJECT: Corpus Christi Airport Terminal Construction Program #1071 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute change order 35 with Fulton/Coastcon, Inc., A Joint Venture, in the net amount of $212,129.81 to extend the pedestrian canopy from the north edge of the commemial traffic island to the parking lot for the Corpus Christi International Airport Terminal Project. ISSUE: Extension of the canopy is needed to provide improved protection from rain and slippery conditions. The extension will provide improved protection to travelers using commercial ground transportation and those accessing the parking lot. FUNDING: Funds for this project are available Airport Capital Project Fund. R~//~MMENDATION: Approval of the motion as presented. Dave Hamrick .F~?.. Angel R. Escobar, P.E. Aviation Superintendent Director of Engineering Services Additional Support Material Exhibit A: Background Information Exhibit B: Prior Council/Administrative Actions Exhibit C: Project Budget Exhibit D: Location Map BACKGROUND INFORMATION ADDITIONAL INFORMATION: The pedestrian canopy is currently configured to have a width of 85-feet across the commercial traffic lanes and island. The proposed change order will provide an extension of 35-feet from the north edge of the commercial traffic island to the parking lot. The extension improves protection for the passengers using commercial ground transportation and the parking lot. Additional canopy extension will be provided as part of the roadway and parking lot project. FUNDING: Funding is available in the Aviation Capital Project Fund. PRIOR COUNCIL/ADMINISTRATIVE ACTIONS: Numerous actions by the City Council and staff have been made for this complex project. A list of the more significant actions is attached. See Exhibit B. BOARD/COMMITTEE REVIEW: The Airport Board has reviewed the change orders and recommended their approval. H:\HOM E\KEVINS\GEN~AIR\N EWTERM\^co35.bkg.doc EXHIBIT A 1 Page 1 of 1 PRIOR COUNCIL ACTIONS August 25, 1998 - Resolution approving the financial feasibility plan to fund the five-year capital improvement program for CCIA including the terminal reconstruction program. (Res. 023426) March 30, 1999 - Approval of recommended Terminal Reconstruction and Landside Development concept at CClA. (M99-089) April 20, 1999 - Motion to authorize City Manager to execute a contract for architectural/engineering services with M. Arthur Gensler Jr. and Associates in the amount of $2,225,000 for the CCIA Terminal Building. (M99-105) July 20, 1999 - Adoption of FY99-00 Capital Budget and 2000-2004 CIP Guide which included Airport Project No. 1, Terminal Building Reconstruction, Airport Project No. 2, Terminal Apron Construction, and Wastewater Project No. 22, Airport Lift Station Relocation. (Ord. No. 023703). December 21, 1999 - Approval of the Terminal Design Concept as presented by the Gensler Team. January 25, 2000 - Motion to authorize City Manager to execute Amendment No. I to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $72,095 related to the airport automated access control system (AACS) and closed- circuit television (CCTV) system for the Terminal Reconstruction project. (M2000-027) February 23, 2000 - Motion to authorize City Manager to execute a construction contract in the amount of $1,575,000 with B. E. Beecroft Company, Inc. for temporary facilities for the Terminal Reconstruction Program. (M2000-66) May 23, 2000 - Motion authorizing the City Manager to execute Amendment No. 2 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $180,700 related to the terminal apron construction, terminal re-construction, and lift station relocation projects at Corpus Christi International Airport. (M2000-153) August 22, 2000 - Motion authorizing City Manager, or his designee, to execute a construction contract with Fulton/Coastcon in the amount of $16,472,000 for the Corpus Christi International Airport Terminal Construction project. (M2000-292) 10. November 21, 2000 - Motion authorizing the City Manager to execute Amendment No. 3 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $420,940 for the for the Corpus Christi International Airport Terminal Construction project (M2000-412). 11. November 21, 2000 - Motion authorizing the City Manager to execute a project liaison and inspection contract with AGCM, Inc. in the amount of $196,400 for the for the Corpus Christi International Airport Terminal Construction project. (M2000-413). 12. November 21, 2000 - Motion authorizing the City Manager to execute Change Order No. 1 (construction by-pass) with Fulton/Coastcon in the amount of $56,026.58 for the Corpus Christi International Airport Terminal Construction project. (M2000-292) 13. April 18, 2001 - Motion authorizing the City Manager to execute Change Order No. 9 (substitution of concrete in lieu of asphalt under open concourse areas) with Fulton/Coastcon in the amount of $103,140.44 for the Corpus Christi International Airport Terminal Construction project. (M2001- 154). 14. May 29, 2001 - Motion authorizing the City Manager to execute Change Order No. 12 (revision of structural foundations to reflect field conditions) with Fulton/Coastcon in the amount of $38,618.74 for the Corpus Christi International Airport Terminal Construction project. (M2001- 207). EXHIBIT B Page 1 of 4 H:\HOME',KEVINS\GE N~AIR~NEWTERM\^(x)35ExhBPrior.doc 15. June 12, 2001 - Motion authorizing the City Manager to execute Amendment No. 8 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of ($132,344) for the for the Corpus Christi International Airport Terminal Construction project (M2001-219). 16. September 11, 2001 - Motion authorizing the City Manager to execute Change Order No. 19 (upgraded public address system, additional escalators, wall laminates, & decorative tiles) with Fulton/Coastcon in the amount of $514,974.42 for the Corpus Christi International Airport Terminal Construction project. (M2001-347). 17. October 9, 2001 - Motion authorizing the City Manager to execute Change Order No. 22 (replace eight (8) inch water line under commercial apron) with Fulton/Coastcon in the amount not to exceed $155,449.01 for the Corpus Christi International Airport Terminal Construction project. (M2001-373). 18. October 16, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 with AGCM in the amount of $598,500 for construction management, project liaison, and inspection services for the new Airport Terminal Building (M2001-387). 19. October 23, 2001 - a. Motion authorizing the City Manager to execute Change Order No. 23 (additional filters on cooling towers and addition of two manholes) with Fulton/Coastcon in the amount of $20,326.24 for the Corpus Christi International Airport Terminal Construction project. b. Motion authorizing the City Manager to execute Change Order No. 24 (reduce depth of relocated wastewater lift station, add 225 amp service, and provide exit lights for sliding doors at front terminal entries) with Fulton/Coastcon in the amount of $23,490.93 for the Corpus Christi International Airport Terminal Construction project. (M2001-401). 20. April 16, 2002 - Motion authorizing the City Manager to execute Amendment No. 12 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $46,060.00 for the for the Corpus Christi International Airport Terminal Construction project (M2002-102). 21. May 14, 2002 - Motion authorizing the City Manager to execute Change Order No. 31 (relocate security check point and enhanced finishes) with Fulton/Coastcon in the amount not to exceed $63,857.91 for the Corpus Christi International Airport Terminal Construction project. (M2002- 132). PRIOR ADMINISTRATIVE ACTIONS 1. January 17, 2001 - Award of Change Order No. 2 in the amount of $24,071 to Fulton/Coastcon for temporary vestibules, air curtains, and lighting. 2. January 22, 2001 - Award of Change Order No, 3 in the amount of $19,121,55 to Fulton/Coastcon for temporary canopy. 3. January 23, 2001 - Award of Amendment No. 4 to M. Arthur Gensler and Associates in the amount of $14,000 for structural slab and double wall air handler units. 4. February 9, 2001 - Award of Change Order No. 4 in the amount of $11,921.16 to Fulton/Coastcon for various utility work, rerouting of conduits, and temporary speakers at curb-side. 5. February 14, 2001 - Award of Amendment No. 5 to M. Arthur Gensler and Associates in the amount of $14,920 for apron extension/access roads & terminal apron projects. (separate project) 6. February 16, 2001 - Award of Change Order No. 5 in the amount of $19,914.33 to Fulton/Coastcon for additional pedestrian tunnel support. EXHIBIT Page 2 of 4 H:\HOME~KEVINS\GEN~AIR\N EWTERM\^co35ExhBPdor.doc March 19, 2001 - Award of Change Order No. 6 in the amount of $15,672.70 to Fulton/Coastcon for storm drain repairs and removal, additional traffic markings and signage, and isolation of HVAC piping and controls. 8. March 29, 2001 - Award of Amendment No. 6 to M. Arthur Gensler and Associates in the amount of $14,900 for design of additional escalators, voice paging, plastic laminate, and decorative mosaic tile. 9. March 30, 2001 - Award of Amendment No. 1 in the amount of $15,000 to AGCM, Inc. for additional inspection services. 10. April 2, 2001 - Award of Change Order No. 7 in the amount of $5,974.87 to Fulton/Coastcon for installation of piers for future installation of structural slab under the concourse. 11. April 13, 2001 - Award of Change Order No. 8 in the amount of $14,495.95 to Fulton/Coastcon for various electrical modifications and security alarms. 12. May 4, 2001 - Award of Amendment No. 7 to M. Arthur Gensler and Associates in the amount of $5,280 for design of three (3) overhead coiling security grills and side-stream filter and isolation valves for cooling towers. 13. May 10, 2001 - Award of Change Order No. 10 in the amount of $19,340.74 to Fulton/Coastcon for various mechanical modifications and modification of a pier cap. 14. May 22, 2001 - Award of Change Order No. 11 in the amount of $22,253.97 to Fulton/Coastcon for additional fill material and relocation of food court water meter. 15. May 22, 2001 - Award of Change Order No. 13 in the amount of $23,381.00 to Fulton/Coastcon for substitution of double wall air handlers in lieu of single wall air handlers. 16. June 21, 2001 - May 22, 2001 - Award of Change Order No. 14 in the amount of $23,636.11 to Fulton/Coastcon for re-route of gas and water mains and addition of lithium bromide filters for chillers. 17. June 25, 2001 - Award of Change Order No. 15 in the amount of $19,995.02 to Fulton/Coastcon for substitution of copper wound transformers in lieu of aluminum wound transformers and additional fill material. 18. July 2, 2001 - Award of Change Order No. 16 in the amount of $23,965.32 to Fulton/Coastcon for an upgrade of passenger loading bridge carpet and remobilization of demolition contractor. 19. July 5, 2001 - Award of Change Order No. 17 in the amount of $13,119.75 to Fulton/Coastcon for storage of advanced purchase equipment in bonded warehouse and Data Room and Tower Vault Signal additions to facilitate relocation of telephone and local area network (LAN). 20. AuRust 22, 2001 - Award of Change Order No. 18 in the amount of $23,885.98 to Fulton/Coastcon for raising the elevation of asphalt crosswalks and additional excavation and fill material under the old restaurant area. 21. September 4, 2001 - Award of Change Order No. 20 in the amount of $21,597.31 to Fulton/Coastcon for relocation of equipment for jet bridge power room, and baggage service office/additional operation space for Continental Express. 22. September 14, 2001 ~ Award of Change Order No. 21 in the amount of $24,686.88 to Fulton/Coastcon for air conditioning shop space under concourse and additional power supply for data and communication room equipment. 23. March 30, 2001 - Award of Amendment No. 2 in the amount of $15,000 to AGCM, Inc. for additional inspection services. EXHIBIT B Page 3 of 4 H:\HOME\KEVINS\GEN~I~N EWTERM~^~35ExhBPHor.doc 24. December 31, 2001 - Award of Amendment No. 9 to M. Arthur Gensler and Associates in the amount of $20,850 for design alternatives for wastewater lift station and aluminum panel details at security checkpoint. 25. January 24, 2002 - Award of Amendment No. 10 to M. Arthur Gensler and Associates in the amount of $10,500 for modification of security checkpoint location and electrical/security rooms. 26. February 19, 2002 - Award of Amendment No. 11 to M. Arthur Gensler and Associates in the amount of $9,700 for extension of the Terminal Building Main canopy. 27. October 31, 2001 - Award of Change Order No. 25 in the amount of $14,515.57 to Fulton/Coastcon for ground radio provider and Continental Airlines operations, three phase motors for baggage doors, include baggage equipment on emergency power, revise cooling tower foundation, and relocate water line to improve future access. 28. November 14, 2001 - Award of Change Order No. 26 in the amount of $17,712.62 to Fulton/Coastcon for emergency power for airlines, modification of bag handling door controls, and other modifications. 29. Dece,ber 14, 2001 - Award of Change Order No. 27 in the amount of $21,234.46 to Fulton/Coastcon for additional space for a baggage office and operations suite for Continental Airlines and modification of transom to electric vault door. 30. January 31, 2002 - Award of Change Order No. 28 in the amount of $24,424.61 to Fulton/Coastcon for security modifications associated with 9/11 and installation of high speed operator on Gate 24B. 31. February 12, 2002 - Award of Change Order No. 29 in the amount of $24,078.56 to Fulton/Coastcon for additional security expenses, bag conveyor openings, and fire damper. 32. February 26, 2002 - Award of Change Order No. 30 in the amount of $21,343.15 to Fulton/Coastcon for additional foundation work, chilled water interconnect, temporary electrical supply connection, additional exterior lighting for exterior baggage operations, and stucco fascia along roof edge. 33. May 2, 2002 - Award of Change Order No. 32 in the amount of $24,840.92 to Fulton/Coastcon for additional offices, relocation of ticket counters and return air openings. 34. May 15, 2002 - Award of Change Order No. 33 in the amount of $24,871.93 to Fulton/Coastcon for mechanical and structural modifications. 35. May 29, 2002 - Award of Change Order No. 34 in the amount of $19,973.85 to Fulton/Coastcon for electrical rough-ins for advertising, ticket counter revisions, and mechanical modifications. IEXHIBITB Page 4 of 4 H:\HOME~EVINS\GEN~IR~ EWTERM',^~35ExhBPHor.d~ Project No. 1071 COST OF PROPOSED PROJECT AND SOURCES OF FUNDS TERMINAL CONSTRUCTION PROGRAM CORPUS CHRISTI INTERNATIONAL AlP, PORT MAY 2002 FUNDS AVAILABLE (1): Preliminary Budget (2) FAA AIP Grant 28 ......................................................................................................... 6,333,818.00 Revenue Bond 2000 .............................................................................. 7,914,706.00 Passenger Facility Charges ...................................................................... 4,171,311.00 Airport CIP Funds ................................................................................... 500,000.00 Airport Bond Fund Interest Appropriation ....................................................... 598,500.00 Airport Capital Reserves (ineligibles) ............................................................ 840,000.00 Airport Contingency for Change Order 22 ....................................................................... 113,679.56 TOTAL .......................................................................................................................... $20,472,014.56 FUNDS REOUIRED ¢3): Total Construction Cost .................................................................................................. 16,472,000.00 Contingency (4.7% of Original Construction Contract) (3) .......................................... 770,732.92 Change Orders No. 1 - 35 ............................................................................................... 1,707,443.64 Architectural/Engineering Design (Gensler) (4) ............................................................ 460,353.00 Windstorm Peer Review ................................................................................................. 1,000.00 Construction Inspection (AGCM) ................................................................................... 824,900.00 Testing (QA) ................................................................................................................... 122,585.50 Engineering Liaison and In-house Services (5) .............................................................. 65,000.00 Finance Reimbursements (5) .......................................................................................... 28,000.00 Printing, Advertising, FedEx, etc .................................................................................... 20,000.00 TOTAL ........................................................................................................................... $20,472,014.56 (1) Project funded through Revenue Bond 2000, Airport CIP Funds, FAA AIP grants and Passenger Facility Charges. (2) Preliminary budget based on engineering estimate. (3) Available unappropriated Aflport Fund Balances, Passenger Facility Charges, etc. are not included. (4) Architectural-Engineering (Gensler) contract previously encumbered & includes multiple projects in addition to Terminal. Amount shown is for the fee chargeable to these funds. Project Management (DMJM Aviation) contracts previously executed and encumbered within overall Terminal Reconstxuction Project. (5) Ineligible for PFC Funding. H :~ItOM E~ICEVINS\GEN~A IR\N EWTERM\~o3 5bu dgct .doc L Exhibit C j Page 1 of I r~~~$an Patricio County 1000 INTERNATIONAL DRIVE I ~~ ~ NOT TO SCALE PARKING ~NDING ~NDING APRON APRON PROdEOT LOOATION NOT TO SCALE CZ~ PR~ECT No. 1071 EXNZBZT "D" ~RPUS ONRZSTZ ZNTE~TZONAL AZBPORT cz~ ~UNCZL EXNZBZT TERMZNAL 00NSTBUCTZON PR~ 2000 OEP~[~ o~ EN~NE~N~ F~ AlP 3-48-0051-28-00 PA~E: I of 1 Cl~ OF CORPUS CHRISTI, TE~S DA~: 06-28-2002 7 AGENDA MEMORANDUM July 9, 2002 SUBJECT: Corpus Christi International Airport Terminal Reconstruction AGENDAITEMS: Resolution authorizing the City Manger or designee to accept Amendment No. 03 for the Federal Aviation Administration Multi-Year Grant Number 3-48-0051-28-00 in the amount of $967,421. Ordinance appropriating $967,421 from Federal Aviation Administration Grant Number 3-48-0051-28-00 in the No. 3020 Airport Capital Improvement Fund; and declaring an emergency. ISSUES: The Federal Aviation Administration (FAA) issued a multi-year (FY2000, 2001, 2002) grant offer to the City on Tuesday, May 30, 2000 for entitlement funding, as authorized by Title 49 United States Code, under the Airport Improvement Program to fund the terminal reconstruction program. This Amendment increases the grant amount from $6,449,476 to $7,416,897. The specific project included in the multi-year grant offer and special condition thereto follow: Terminal: Due to the cost and extended period of the terminal program, FAA's grant offer for entitlement funds was authorized to be spent on planning, design and reconstruction activities of the Terminal Building. RECOMMENDATION: presented. Dave Hamrick Director of Aviation Staff recommends the approval of the Resolution and Ordinance as Date ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B. Prior Council Actions BACKGROUND INFORMATION July 9, 2002 BACKGROUND: With the recent FY2000 authorization of the four-year Airport Improvement Program (ALP) spending bill, the Federal Aviation Administration (FAA) proceeded with offering Grant funding to airports. The Aviation Department had previously requested a multi-year AlP Grant to assist with the funding for the new Terminal Building (FYO0-2002). As the AlP bill was authorized until 2003, the FAA amended the grant to the appropriated level. The FAA offered the Multi-year AlP Grant on Tuesday, May 30, 2000. The City accepted the Federal funding. The grant is an integral part of the Council approved financial plan. A General Airport Revenue Bond sale (GARB) backed by Passenger Facility Charge (PFC) revenues for eligible and airport generated revenues for the ineligible constitute the funding source for this project. On December 6, 2000, the FAA offered Amendment No. 01 to increase the amount from $3,215,524 to $6,333,818. By resolution #024299 on December 15, 2000 Council accepted the Amendment. On March 08, 2002, the FAA offered Amendment No. 02 to increase the amount from $6333,818.00 to $6,449,476.00. By Resolution No. 024810, on March 26, 2002, Council accepted the Amendment. ADDITIONAL FUNDING INFORMATION: The Multi-year Grant Agreement, accepted on June 13, 2000, by City Resolution No. 024059, is hereby amended by this Amendment No. 03 and increases the amount set on Page 2 of the Grant Agreement from $6,449,476.00 to $7,416,897.00 Congress appropriated AlP Funding for FY 2001 and FY 2002 authorizing our expenditures. The House of Representatives has passed the FY 2002 AlP appropriations bill with the fully authorized grant funding of $3.2 billion. The FAA amends CCIA's Multi-year AlP Grant as each year's AlP Entitlement monies are appropriated. PRIOR COUNCIL/ADMINISTRATIVE ACTIONS: Council has taken numerous actions associated with this project. The more significant are attached. See Exhibit B. FUTURE COUNCIL ACTIONS: Council will be requested to act on the following items: · Resolution to accept grant amendments for future appropriations. BOARD COMMITTEE REVIEW:_ On June 19, 2002, the Airport Advisory Board recommended acceptance of Grant Amendment No. 03 of the FAA Multi-Year Grant No. 3-48-0051-28-00 in the amount of $967,421. Exhibit A Page 1 of 1 10. 11. 12. 13. PRIOR COUNCIL ACTIONS July 17. 1998 - Resolution accepting the FAA grant number 3-48-0051-25-98 for Terminal Building Improvements, Access Control Security System Replacement, and Commercial Apron Rehabilitation. Augu~ - Resolution approving the financial feasibility plan to fund the five-year capital improvement program for COlA including the terminal reconstruction program. (Res. 023426) March 30. 1999 - Approval of recommended Terminal Reconstruction and Landside Development concept at CCIA. (M99-089) ~ - Motion to authorize City Manager to execute a contract for architectural/engineering services with M. Arthur Gensler Jr. and Associates in the amount of $2,225,000 for the CClA Terminal Building. (M99-105) April 20. 1999 - Motion to authorize City Manager to execute Amendment No. 4 to the program management services contract with DMJM Aviation (formerly Day & Zimmermann) in the amount of $1,158,288.50 for the CCIA Terminal Building and associated CIP projects. (M99-106) July 20. 1999 - Adoption of FY99-00 Capital Budget and 2000-2004 ClP Guide which included Airport Project No. 1, Terminal Building Reconstruction. [~ - Approval of the Terminal Design Concept as presented by the Gensler Team. J_aD_ua[3~ - Motion to authorize City Manager to execute Amendment No. I to the amhitectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $72,095 related to the airport automated access control system (AACS) and closed-circuit television (CCTV) system for the Terminal Reconstruction project. (M2000-027) E~b~J~D/~2P~ ~ Motion to authorize City Manager to execute a construction contract in the amount of $1,575,000 with B. E. Beecroft Company, Inc. for temporary facilities for the Terminal Reconstruction Program. (M2000-66) M~ - Motio12n to authorize City Manager to execute Amendment No. 2 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $180,700 related to the Terminal Apron Construction, Terminal Reconstruction, and Lift Station Relocation projects. (M2000-153) ~ - Resolution to accept Multi-Year Grant Agreement (R024059). Resolution to accept Grant Amendment No. 1 (R024299). rh~- Resolution to accept Grant Amendment No. 2 (R024810). Exhibit B Page 1 of 1 CORPUS '-~' ,RIOT CITY OF _ . ~,c tT A'41ATIO N D~:.PART DATE RECE. IVED ADMINISTRATION Southwest Region Arkansas, Louisiana, New Mexico, Okiahorna. Texas Fort Worth. Texas 76193-0000 June 6, 2002 Mr. Dave Hamrick Airport Director Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406 Dear Mr. Hamrick: This is in response to your letter of June 3, 2002 requesting an amendment to the Grant Agreement for AIP Project No. 3-48-0051-28-00 (Contract No. DOT FAA 00 SW-8206) for Corpus Christi International Airport, Corpus Christi, Texas. In accordance with Grant Condition No. 11 which states in part: "It is mutually understood and agreed that.., if there is an overrun in the eligible project costs, FAA may increase the grant to cover the amount of overrun not to exceed the statutory fifteen (15%) percent limitation and will advise the sponsor by letter of the increase. Upon issuance of either of the aforementioned letters, the maximum obligation of the United States is adjusted to the amount specified." This Grant Agreement, accepted on June 14, 2000 is hereby amended by this Amendment No. 3 by increasing the amount set forth on Page 2 of the Grant Agreement from $6,449,476.00 to $7,416,897.00. This increase in the maximum obligation is to provide for allowable 15 % cost overrun of $967,421.00. If you have any questions about the applicability of this amendment, please contact Mr. Marcelino Sanchez at (817) 222-5652. Sincerely, Mike Nicely ) Manager, Texas Airpoi-ts Development Office RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT AMENDMENT NUMBER 03 FOR THE FEDERAL AVIATION ADMINISTRATION MULTI-YEAR GRANT NUMBER 3-48-0051-28-00 IN THE AMOUNT OF $967,421. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1: The City Manager or designee is authorized to accept Amendment No. 03 in the mount of $967,421 for Federal Aviation Administration multi-year Grant Number 3-48- 0051-28-00. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr. Mayor, City of Corpus Christi Legal Form Approved on ~u]~ __~ ,2002; JAIVlES R. BRAY, JR., CITY ATTORNEY ~Assistant City Attorney H:\LEG-DIR\john~RESOLUTIWAA Grant #34800512800 Amend,3.wpd ORDINANCE APPROPRIATING $967,421 FROM FEDERAL AVIATION ADMINISTRATION GRANT NO. 3-48-0051-28-00 AMENDMENT NO. 3 IN THE NO. 3020 AIRPORT CAPITAL IMPROVEMENT FUND FOR THE TERMINAL RECONSTRUCTION PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $967,421 is appropriated from Federal Aviation Administration Grant No. 3-48-0051-28-00 Amendment No. 3 in the No. 3020 Airport Capital Improvement Fund to fund the terminal reconstruction 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 adminisa~ation 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 Aguilar Assistant City Attorney 8 AGENDA MEMORANDUM July 9, 2002 SUBJECT: Corpus Christi International Airport In-Terminal Advertising Concession lease Agreements AGENDAITEMS: Recommendation of an Ordinance authorizing the City Manager, or designee, to execute an In-Terminal Advertising Concession lease agreement with In-ter-space Service, Inc. dba Interspace Airport Advertising for the operation of an Airport Advertising Concession in the Corpus Christi International Airport in consideration of payment of the greater of a guaranteed minimum concession fee or thirty pement of the Concessionaire's gross receipts for a term of up to twelve months; and declaring an emergency. bo Recommendation of an Ordinance authorizing the City Manger, or designee, to execute an In-Terminal Advertising Concession lease agreement with In-ter-space Service, Inc. dba Interspace Airport Advertising for the operation of an Airport Advertising Concession in the Corpus Christi International Airport in consideration of payment of the greater of a guaranteed minimum concession fee or thirty percent of the Concessionaire's gross receipts for a term of sixty months with an additional sixty month option. ISSUES: The current advertising lease agreement is on a month-to-month basis. The award of a short term lease agreement is necessary to allow the advertising concessionaire to begin to prepare for the displays and advertisements for the new terminal facility since a long term lease agreement is not effective until sixty (60) days after the second reading of the ordinance, which should be in October 2002. FUNDING: The contract will generate revenue for the airport. RECOMMENDATION: Staff recommends the award of a short and long term lease agreement to Interspace Airport Advertising. Dave Hamrick Date Director of Aviation ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information BACKGROUND INFORMATION July 9, 2002 The Corpus Chdsti International Airport is currently in the process of improving and modifying the main terminal building that includes the complete reconstruction of the main terminal facilities. Beneficial occupancy of the new terminal is scheduled for the fall of 2002. As part of the terminal redevelopment program, area for advertising displays ara throughout the new terminal facility. The purpose of the short-term lease agreements is to allow the concessionaire to begin to prepare for the displays and advertisements pdor to the opening of the new terminal. The long-term lease agreements will take effect after the second reading which will be scheduled sixty days after the first reading. The current advertising concession lease agreement is on a month-to-month basis. Request for proposals for an Airport Advertising Concession for the new Terminal Facility were sent out on Apdl 29, 2002. A mandatory pre-proposal meeting was held on May 17, 2002 to answer any questions of the proposers. Two proposers attended the meeting, JC Decaux and Interspace Airport Advertising. We received a letter on June 7~ from JC Decaux informing the Airport of their decision not to submit a proposal for the Airport Advertising Concession. We received a proposal from Interspace Airport Advertising on June 7~. The Director of Aviation, Airport Administration & Finance Manager, Public Relations/Marketing Coordinator and the City's Procurement & General Services Manager reviewed the proposal submitted by Interspace Airport Advertising for completeness and adherence to the bid documents, experience and capability. PRIOR COUNCIL ACTIONS: October 23, 2000, Ordinance #024301, Ordinance authorizing an 18-month agreement with a month-to-month hold over was awarded to Sky Sites, inc. FUTURE COUNCIL ACTIONS: Council will be requested to act on the following items: · Second reading of the ordinance for the 60-month lease in August 02. BOARD COMMITI'EE REVIEW: The recommended lease agreements were presented to the Airport Advisory Board at their monthly meeting on June 19, 2002. The Board voted and passed the recommendations as submitted. Exhibit A Page 1 of 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN IN-TERMINAL ADVERTISING CONCESSION LEASE AGREEMENT WITH IN-TER-SPACE SERVICE, INC., DBA INTERSPACE AIRPORT ADVERTISING FOR THE OPERATION OF AN AIRPORT ADVERTISING CONCESSION IN THE CORPUS CHRISTI INTERNATIONAL AIRPORT IN CONSIDERATION OF PAYMENT OF THE GREATER OF A GUARANTEED MINIMUM CONCESSION FEE OR THIRTY PERCENT OF THE CONCESSIONAIRE'S GROSS RECEIPTS FOR A TERM OF UP TO TWELVE MONTHS; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute an In-Terminal Advertising Concession lease agreement with In-ter-space Service, Inc. dba Interspace Airport Advertisiing for the operation of an Airport Advertising Concession in the Corpus Christi International Airport in consideration of payment of the greater of a guaranteed minimum concession fee or thirty percent of the Concessionaire's gross monthly revenues for a term of up to twelve months. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter role 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 day of ,2002. Attest: The City of Corpus Christi Armando Chapa City Secretary Approved this the day of Samuel L. Neal, Jr. Mayor ,2002. JAMES R. BRAY, JR., CITY ATTORNEY (_ J~Im.. P. Burke, Jr. ~/~' -Assistant City Attorney ~ H:XLEG-DIR\john\ORDINANCEXAirport Terminal Advertising Contract 12 mo.wpd AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN IN-TERMINAL ADVERTISING CONCESSION LEASE AGREEMENT WITH IN-TER-SPACE SERVICE, INC., DBA INTERSPACE AIRPORT ADVERTISING FOR THE OPERATION OF AN AIRPORT ADVERTISING CONCESSION IN THE CORPUS CHRISTI INTERNATIONAL AIRPORT IN CONSIDERATION OF PAYMENT OF THE GREATER OF A GUARANTEED MINIMUM CONCESSION FEE OR THIRTY PERCENT OF THE CONCESSIONAIRE'S GROSS RECEIPTS FOR A TERM OF SIXTY MONTHS WITH AN ADDITIONAL SIXTY MONTH OPTION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute an In-Terminal Advertising Concession lease agreement with In-ter-space Service, Inc. dba Interspace Airport Advertising for the operation of an Airport Advertising Concession in the Corpus Christi International Airport in consideration of payment of the greater of a guaranteed minimum concession fee or thirty percent of the Concessionaire's gross monthly revenues for a term of sixty months with an additional sixty month option. H:~LEG-DIR\john\ORDINANCE~Airport Terminal Advertising Contract 60mo.wpd 9 AGENDA MEMORANDUM DATE: July 9, 2002 One Stop Development Center - Contract for Architectural Services Motion authorizing the City Manager, or his designee, to execute a contract with Morgan Spear Associates, Inc. in the amount of $75,400.00 for architectural services associated with the One Stop Development Center. ISSUE: Development services are presently scattered among several departments in various locations. Service improvement for citizens, contractors, developers and businesses requires the centralization of development review and permit activities. FUNDING: Funding for the contract is available from the FY2001-2002 Operating Budget as part of the Frost Space Office Improvements account. RECOMMENDATION: Approval of the motion as presented. Angel R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Exhibit B. Exhibit C. Background Summary of Architectural Contract Location Map H:\HOME\KEVINS\GEN\FROSTBLD\ISTFLOOR~AEAGENDA. M BACKGROUND INFORMATION SUBJECT: One Stop Development Center FUTURE COUNCIL ACTION: 1. Award of modular fumiture contract. 2. Award of construction contract for first floor improvements. 3. Amend and exercise purchase option. BACKGROUND: Morgan Spear Associates, Inc. was administratively contracted to analyze the space needs of City Hall and its related facilities. The report stated the City could not meet its current or future office space needs through departmental relocations and reassignments. The study verified: 1. the existence of overcrowding; 2. inadequate office space to accommodate existing uses; and 3. no possibility of reallocating existing office space to address current or future needs. LEASE AGREEMENT: The City entered a lease agreement with Frost National Bank. The City may exercise a purchase option at any time during the lease. The purchase pdce is $900,000 during the first two years of the lease but increases at the annual rate of: · 3% for years 3 through 10; · 3.5% years 11 through 15; and · 4% for years 16 through 20. If the purchase option is exercised during the first five years, the City must repay $300,000 of the purchase option. The supplemental "build out" allowance of $200,000 must be repaid if the purchase option is exercised during years I through 20. This repayment will include a 6.5% annual rate of interest to the date of purchase. If the City exercises the purchase option, Frost National Bank will be permitted to continue occupancy for an initial lease period of three years with the market rental rate to be negotiated. The Frost Bank building, located at 2402 Leopard Street, has approximately 50,880 s.f. of office space. Work is neady complete to permit the occupancy of the second, third and fourth floors. Lease Space Utilization: The first floor will house the One Stop Development Center for the City of Corpus Christi. The Center will house the new Development Services Page 1 of 2 H:~IOME\KEVINS\GEN\FROSTBLD\ISTFLOOR~aebkgExhA.dOc Department which is includes Building Inspection and Planning and components of other departments. The fourth floor is occupied by Emergency 'Management and the Emergency Operations Center. The third floor houses Fire Department Administration, Emergency Medical Administration, and Fire Training personnel. The second floor will house Fire Prevention and the Local Emergency Planning Committee. Architectural Contract: The contract with Morgan Spear Associates, Inc. provides for design, bid, and construction phase services. The amount of the contract is $75,400 due to a prior work credit completed. A contract summary is attached. (See Exhibit B.) H:~HOMEV~EVINS\GEN~FROSTBLD\I STFLOOR~aebkgExhA.doc IExhibIt A ~ Page 2 of 2 CONTRACT SUMMARY The Architect will perform the following services: Frost Bank Buildin.q Lease Space Improvements - First Floor Lease space improvements of the existing Frost Bank Building, located at the 2402 Leopard Street, Corpus Chdsti, Texas 78408; A. Review and coordinate preliminary floor plan utilization and City's modular furniture supplier to prepare design development documents of the space to be occupied the One Stop Development Center; B. Develop complete bid documents for the renovation of the first floor lease space improvements including plans and specifications for all Lease Space Improvements to the first floor and the addition of a Mezzanine floor for new air handling equipment to the eastside of the first floor. C. Develop and incorporate into the construction documents all electrical and mechanical system modifications and repairs necessary to permit the use of the first floor lease space; D. Develop accurate dimensional drawings of the existing first floor space from on-site field measurements; E. Prepare demolition drawings to be incorporated into the overall construction documents as part of the final bid documents for construction; F. Incorporate into the construction documents conduit and electrical widng for a security system for all new secudty devices and control equipment previously prepared by the Amhitect under separate contract; G. Employ and coordinate the activities of Architect's staff architect(s), and consulting engineer(s) to ensure all architectural and engineering related report documents are prepared under the direct supervision of and sealed by architect(s) or engineer(s) registered to practice in the State of Texas. Sub-Consultants (engineer(s)) shall practice engineering in the disciplines for which they will be engaged in the design of this project, (i.e. civil, structural, mechanical, and electrical); BASIC SERVICES Design Phase Services The Architect has or will: a. Review existing layouts of the first floor and meet with Building Committee; b. Prepare preliminary design scheme and provide a preliminary cost; c. Review of the preliminary design, preliminary budget, and construction plan with Building Committee prior to beginning detailed design. a. Hold necessary conferences with the City staff to coordinate additional planning to confirm project scope and include a pre-design meeting, a 60% construction document review (plans only), and a 90% construction document review; b. Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the 60% (plans only), 90% and 100% complete plans. c. Employ and coordinate the activities of sub-consultants. Sub-Consultants (engineer(s)) shall practice engineering in the disciplines for which they will be engaged in the design of this project, (i.e. civil, landscaping, structural, mechanical, electrical, plumbing, and acoustical); d. Submit copies of all schematic design studies and analysis for review and approval; e. Inform City representative of apparent discrepancies in the City base data; f. Preliminary review of project budget as it relates to alternative schematic designs and ~ Exhibit B Page 1 of 4 H:\HOME~KEVINS\GEN\FROSTBLD\ISTFLOOR~aesummaryExhB.doc construction; g. Prepare construction drawings, (plans and specifications) in City format; h. Furnish 100% complete plans, and one (1) spedfications manual to the City Engineer for review and approval purposes including necessary requirements to satisfy regulations of the Texas Department of Licensing and Regulation for handicap accessibility review. i. Deliver to the City Engineer final reproducible plans, specifications, contract and bid documents in City format; j. Prepare and deliver to the City Engineer final cost estimate from 100% documents; k. Recommend any alternate bid items that may be needed to assure the lowest responsible bid is within budget; and I. Provide programming and space planning coordination services with anticipated fumishings and equipment. Bid Phase Services The Architect shall: a. Attend on-site(s) pre-bid conference noting inconsistencies (if any) in the bid documents; b. Prepare for the City Engineer any addenda necessary to inform contractors of other revisions to the bid documents identified pdor to bidding. c. Assist City in secudng bids, attend the public bid opening, analyze bids, and make a wdtten recommendation concerning award of the contract; d. In the event the lowest responsible bidder's bid exceeds the Architect,s design phase estimate, the Architect will, at his/her expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. Construction Phase Services The Architect shall: a. Attend and assist with a pre-construction; b. Review and check for approval, materials and other submittals; e. Prepare a color and material board; d. Provide interpretations and clarifications of the plans and specifications; e. Prepare, review and evaluate any change order including a recommendation to accept or reject; f. Consult, advise, and confer with representatives of the City and other governmental authorities as needed; g. Make necessary visits to the site of the project and determine, in general, if the work is being done in accordance with the contract documents and in accordance with the quantities of work represented in current contractor requests for payment; h. Prepare on City format, review and approve monthly payment requests and time statements by the contractor; ~ i. Travel in Corpus Christi, and it,s environs, as necessary for accomplishment of services under this contract; j. Conduct a preliminary inspection and prepare a punch list of items for correction, repair or installation by the contractor to be delivered to the City and contractor prior to final inspection; k. Conduct a final inspection with City personnel and contractor which shall include a familiarization walk-through with City personnel (if applicable) of control systems, emergency procedures, and maintenance procedures; lExhibit B ] Page 2 of 4 H:\HOME\KEVINS\GEN\FROSTBLD\I STFLOOR~aesummaryExh B.doc Co Review and forward all operation manuals, maintenance manuals, technical information, approved submittals sheets, parts lists, manufacturer maintenance guaranties and warranties and/or other guaranties or warranties; Provide for engineering inspections dudng the progress of the project to ensure execution and delivery to the City Engineer a WPI-II Windstorm Certificate if required; On behalf of the City Engineer, work in cooperation with the Texas Department of Licensing and Regulation on the inspection phase of the project for compliance with Article 9102 - Texas Statutes, Elimination of Architectural Barriers Program; Review the Contractors field set of construction drawings and specifications. On the basis of "redline" drawings and marked-up specifications provided by Contractor, and based upon known deviations, change orders, mark-ups, and changes reported by the City project inspector, the Architect shall prepare -as- built,, record drawings and specifications of the project as; Assist the City Engineer in completion of the final Certificate of Occupancy if required by the Building Official. Record Drawings - The Amhitect shall review the Contractors field set of construction drawings and specifications. On the ;basis of "red-line" drawings and marked-up specifications provided by Contractor, and, based upon known deviations, change orders, mark-ups, and changes reported by the City project inspector, the Architect shall prepare "as-built" record drawings and specifications of the project as constructed and deliver to the City Engineer a reproducible set and electronic file (AutoCAD r. 14 or later) of the record drawings and a marked up set of specifications. POST-CONSTRUCTION SERVICES - The Architect shall: 1. conduct a preliminary inspection and prepare a punch list of items for correction, repair or installation by the contractor to he delivered to the City Engineer and contractor pdor to final inspection; 2. conduct a final inspection with the City representative and contractor which shall include a familiarization walk-through with City personnel (if applicable) of mechanical and control systems, emergency procedures, and maintenance procedures; 3. review of the following materials submitted by the contractor for completeness: operation manuals, maintenance manuals, technical information, approved submittal sheets, parts lists, manufacturer maintenance guaranties and warranties and/or other guaranties or warranties and forward the material to the City's designated representative for copying, collating, and distribution; and 4. assist the City Engineer in comPletion of the final Certificate of Occupancy if required by the Building Official. 5. on behalf of the City Engineer, work in cooperation with the Texas Department of Licensing and Regulation on the inspection phase of the project for compliance with Article 9102 :- Texas Statutes, Elimination of Architectural Barriers Program. 6. on behalf of the City Engineer, perform a 10 month maintenance guaranty inspection of the facility noting items of repair/replacement consistent with a 1 year warranty of the facility by the Contractor. H:\HOME\KEVINS\G EN\FROSTB LD\ISTFLOOR~aesu mmaryExhB.doc Exhibit B Page 3 of 4 I Summary of Fees: Tasks I Description I Fee Basic Services II.A.I Design Phase 52,240 II.A.2 Bid Phase 5,340 Basic Service Subtotal 57,680 Construction Services ll.B.1 Construction Phase 15,080 ll.B.2 Record Drawings 2,740 Construction Service Subtotal 17,800 TOTAL 75,400 H:~HOM E\KEVINS\GEN\FROSTBLD\I STFLOOR~aesummaryExh B.doc Exhibit B } Page 4 of 4 I'ile : councilexhibi I T T LOCATION MAP NOT TO SCALE VZCZNZ~ ~P ~ ~ ~ EXHZBZT "~' CZTY ~UNCZ~ EXHZBZT ONE STOP DEVELOPMENT CENTER DEPAR~ENT OF ENGINEERING SERWCES (F~ost Bank Building) PA~E: ~ of ~ CI~ OF CORPUS CHRISTI, TE~S DATE: 07-09-2002 ~ ~ 10 AGENDA MEMORANDUM July 9, 2002 SUBJECT: Carolyn Heights Diversion to Greenwood WWTP - 30" line (Project #7196) Acquisition of Parcels 7 & 8a AGENDA ITEM: Motion authorizing payment of the Special Commissioners' condemnation award of $75,000 for the acquisition of Pamels 7 and 8a, each containing a Utility and Temporary Construction Easement, both pamels located adjacent to the Saratoga Boulevard and Crosstown Extension intersection, to construct wastewater improvements in connection with the Carolyn Heights Diversion to Greenwood WWTP - 30" line, Project #7196, and for other municipal purposes. ISSUE: On January 29, 2002, City Council passed a resolution authorizing condemnation proceedings to condemn utility and temporary construction easements out of Section 7, Bohemian Colony Lands from the owners Cardco, Inc. in connection with the Carolyn Heights Diversion to Greenwood VVWTP project. A condemnation hearing was held on June 27, 2002 inwhich the amount of $74,000 was awarded to the property owners for the easement rights. Land purchases and condemnation awards over the amount of $25,000 require City Council approval. RECOMMENDATION: Approval of the motion as presented. j~'ng~el R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Background Information Location Map Information Summary Award of Special Commissioners H:\HOME\EUSEBIOG\GEN~Agenda items\Carolyn Heights Div. CardoV~,genda Memorandum2.doc BACKGROUNDINFORMATION SUBJECT: Carolyn Heights Diversion to Greenwood WWTP - 30" line (Project #7196) Acquisition of Pamels 7 & 8a PRIOR COUNCIL ACTION: Au.qust 18, 1998 - Motion authorizing the City Manager to execute a contract for engineering services with Goldston Engineering, Inc. for a total fee not to exceed $187,800 for: (a.) Kostoryz Rd. Utilities Adjustment (#7048), (b.) Kostoryz Rd. - SPID to Holly Rd. Drainage Imp. Study (#2038), and (c.) Lift Station Imps. & Carolyn Heights Diversion to Greenwood ww-rP (#7109) projects. M98-284. October 17, 2000 - Motion authorizing the City Manager or his designee to execute Amendment No. 1 for Stage 2 services to the engineering contract in the amount of $565,865 with Goldston Engineering, Inc. for the Lift Station Imps. & Carolyn heights Diversion to Greenwood WWTP project (#7109). M2000-373. October 23, 2001 - Motion authorizing the acquisition of Parcel 12, out of Lot 5, Section 8, Bohemian Colony Lands, in the amount of $33,475 from the owner Martha G. Spear in connection with the Lift Station Improvements and Carolyn Heights Diversion to Greenwood WWTP - 30" line (#7196). M2001-399. November 20, 2001 - Motion authorizing the acquisition of Pamel 8b, out of Lot 19, Section 7, Saratoga Place Subdivision, in the amount of $28,000 from the owner Greg Voisin, Trustee in connection with the Lift Station Improvements and Carolyn Heights Diversion to Greenwood WW'TP - 30" line (#7196). M2001-432 January 29, 2002 - Resolution authorizing condemnation proceedings for acquisition of Parcels 7 and 8a from Cardco, Inc. in connection with the Lift Station Improvements and Carolyn Heights Diversion to Greenwood WVVTP - 30" line (#7196). Resolution No. 024744 January 29, 2002 - Resolution authorizing condemnation proceedings for acquisition of Parcel 1 from South Texas Rainbow Limited in connection with the Lift Station Improvements and Carolyn Heights Diversion to Greenwood VVWTP - 30" tine (#7196). Resolution No. 024745 May 28, 2002 - Motion authorizing payment of the Special Commissioners' condemnation award of $37,000 for the acquisition of Parcel 1 in connection with the Carolyn Heights Diversion to Greenwood WWTP - 30" line, Project #7196, and for other municipal purposes. M2002- 150 Exhibit A Page 1 of 3 FUTURE COUNCIL ACTION: Council will be required to: 1. authorize the award of future construction contracts and amendments; and authorize the approval of any other parcels in the project where acquisition cost exceeds $25,000 OVERVIEW: Background: A number of Stormwater and Wastewater projects were approved by the City Council in the 1997-98 Capital Improvement Program. These projects addressed needed improvements and enhancements to the City's basic infrastructure components. This wastewater project, which is part of the Wastewater facilities Master Plan, will be implemented in two stages. Stage One of this project provides for the elimination of three lift stations (Carolyn Heights, Cresmont and Saratoga Place) and for the construction of gravity lines to the Kostoryz lift station. Stage Two will include the rehabilitation of the lift station at Kostoryz Road, installation of a force main from the lift station towards Ayers Street, and for construction of a gravity line from the Greenwood Wastewater Treatment Plant to Ayers Street along Saratoga Boulevard. Acquisition of 16 parcels, involving utility easements and temporary construction easements, are needed for this project. Approximately 18,000 linear feet of easement is required. This parcel involves approximately 2,775 feet or 15% of the project. Parcel Information: Parcel 7 is a strip of land located north of Saratoga Boulevard, west of and adjacent to the new Crosstown Extension. The parcel is taken out of Lots 3 and 4, Section 7, Bohemian Colony Lands as shown on the attached Council Exhibit "B". This parcel consists of a 65-foot wide by _+2,024-foot long utility easement containing approximately 2.847 acres or 124,027 square feet. The parcel is being acquired for the construction and installation of an 8-inch and 30-inch diameter PVC gravity sewer lines necessary for this project. In addition, a temporary construction easement is required. This temporary easement is 50-foot in width by approximately +1,934 linear feet containing 2.033 acres or 88,575 square feet. Parcel 8a is a strip of land located north of Saratoga Boulevard, east of and adjacent to the new Crosstown Extension. The parcel is also taken out of Lots 3 and 4, Section 7, Bohemian Colony Lands as shown on the attached Council Exhibit "B". This parcel consists of a 30-foot wide by +686-foot long utility easement containing approximately .454 acres or 19,770 square feet. The parcel is being acquired for the construction and installation of a 12-inch PVC gravity sewer line necessary for this project. In addition, a temporary construction easement is required. This Exhibit A Page 2 of 3 temporary easement is 50-foot in width by approximately +632 linear feet containing .674 acres or 29,359 square feet. Condemnation: City staff negotiated with the landowners based on the appraised values of the easements ( $.35 per s.f. for parcel 7 and $ .49 per s.f. for parcel 8). The landowner's demand of $ .85 per square foot was based on amounts received in administrative settlements from the City in 1985 for a Navy Clear Zone and again in 1989 for a drainage ditch project. To avoid condemnation, the City offered an administrative settlement to the landowners totaling $51,400, which was 10% above the appraised value. However the landowner rejected it. Using the landowner's value, there was a difference of $52,505 between the landowner's demand and the City's administrative settlement amount. Negotiations reached an impasse and condemnation proceedings were authorized by City Council on January 29, 2002. The hearing was held on June 27, 2002 in which the amount of $74,000 was awarded to the landowner for the easement rights. This amount is approximately midway between the landowner's and the City's values. This is the final acquisition for this project. H:\HOME\EUSEBIOG\GENV~,genda Items\Carolyn Heights Div. Cardo\Background2.doc Exhibit A Page 3 of 3 --lie : \Mproject\lanclocqexhibits\exh7196.dwg LOCATION MAP N.T.S, F. IL 43 ~l,.~Y EASEUENT PARCEL 7 PARCEL 8A SARATOGA BLVD. ( STATE HWY. 357 ) 120' R.O,W. Project #7196 - Carolyn Heights Diversion to Greenwood WWTP 2000ss Parcel 7 & 8A Utility Easement City of Coqm,s Ch/st/, Texas VICINITY MAP City Council Exhibit Department of Engineering Services DaM: 01-22-2002 Page: I of I EXHIBIT B INFORMATION SUMMARY CAROLYN HEIGHTS DIVERSION TO GREENWOOD WWTP - 30" LINE (Project 7196) PARCEL 7 & 8a - Utility & Temporary Construction Easements Owner: Cardo, Inc. Location: North of Saratoga Boulevard adjacent to the new Crosstown Extension frontage Zoning: I-2, Light Industrial Distdct Size: Parcel 7: Parent Tract: Parcel 7 Utility Easement: Parcel 7 Temp. Constr. Easement: 55.70 acres 124,027 s.f. 88,575 s.f. (2.847 ac.) (2.033 ac.) Parcel 8a: Parent Tract: Parcel 7 Utility Easement: Parcel 7 Temp. Constr. Easement: 3.6 acres 19,770 s.f. (.454 ac.) 29,359 s.f. (.674 ac.) Platted: No Tax Value (NCAD): Parcels 7 & 8a - $9,563 per acre. Appraiser: Thomas F. Dorsey, CRE, MAI Appraised Value: $15,500 per acre (Parcel 7) and $20,200 per acre (Parcel 8a) for a total of $46,700, which also includes crop damage and replowing. Administrative settlement made of $51,400, 10% above appraisal. Owner's demand: $37,026 per acre or $.85 per square foot (both parcels) for a total of $103,905 which includes crop damage and replowing. Condemnation Authorization: Resolution No. 024744 Condemnation Hearing: June 27,2002 Special Commissioners' Award: $74,000 EXHIBIT C CAUSE NO. 02-60321-4 CITY OF CORPUS CHRISTI, * IN THE COUNTY COURT Condemnor v. AT LAW NO. 4 CARDCO, INC., Owner * NUECES COUNTY, TEXAS AWARD OF_ SPECIAL COMMISSIONERS On June 27, 2002, in the City of Corpus Christi, Nucccs County Texas, the above styled proceedings in eminent domain came on to be heard before the undersigned, three disintercgted freeholders of Nueces County, Texas, heretofore appointed as Special Commissioners by thc Judge of County Court at Law No. 4, Nueccs County, Texas to assess thc damages caused by these proceedings. The Plaintiff, City of Corpus Christi, Texas, a municipal corporation located in Nueccs County, Texas, appeared through legal counsel, Joseph Harney. Thc Defendants, although duly served, failed to appear/ person/appe~h legal counse~n~, he Commissioners proceeded to appeared in hear thc evidence and arguments of thc parties and made the following findings: 1. That on February 15, 2002, the City of Corpus Christi, Texas, Plaintiff, filed its "Original Statement and Petition in Condemnation" with thc Clerk of Nueces County, Texas, wherein upon the facts and for the purposes therein stated, it sought judgment vesting in the City of Corpus Christi a permanent right of way casement and a temporary construction easemeat to the land described in Exhibit A, excluding the oil and gas rights, for the purpose of constructing, maintaining and inspecting wastcwater improvements I EXHIBIT D and other municipal purposes, said land being situated inside the corporate limits of the City of Corpus Christi, Nueces County, Texas. II. That upon consideration of the said written statement so filed by the Plaintiff, the Judge of the Court did appoint three disinterested freeholders of Nueces County, Texas, as Special Commissioners to assess the damages caused by the said taking of said property. 1II. That the said Special Commissioners did, by written order, designate and appoint the 27th day of June, 2002, at 9:00 a.m., in the Nueces County Courthouse, County Court No. 4, situated in Nueces County, Texas, as the date and place for hearing said statement and parties, said date being the earliest practicable time and such being the county seat in which the property is situated. IV. That hereafter said Special Commissioners duly qualified as such, each taking the oath prescribed by law, which oaths are on file with the papers of this cause. V. That on the 27th day of June, 2002, said Special Commissioners did convene and the following named parties did appear in person or by their attorney: City of Corpus Christi, by and through Joseph F. Harney, Asst. City Attorney of the City of Corpus Christi, Texas; And the Defendants, although duly served, failed to ready for such hearing, and said Special Commissioners proceeded to hear evidence as to 2 the damages which will be sustained by the owners by reason of the taking of said easement. VI. The land subject to the taking is as follows: A permanent right of way easement and a temporary construction easement in the property described in the attached Exhibit A, exclusive of oil and gas rights. VI1. The Special Commissioners find that the City of Corpus Christi, as Condemnor, offered to pay a total of $51,400.00 to the property owners before these proceedings began. After hearing and consideration of all such evidence, said Special Commissioners find and determine and accordingly assess damages to be paid by the City of Corpus Christi according to the rule of damages set forth in the Texas Property Code, the amount Of ~'~'~-7~//f~' 7t~t~gT~.5~.~r/~ ($ ~15~19 °~) Dollars for said parcel to the owners. Vlll. Accrued costs of this proceeding, consisting of filing fees only, are hereby adjudged against Signed this the ..~7~aY of June, 2002. Special Commissioner ,~pe~ci~l Commissioner fip~e~i~l ~o~nm~s]~h~r Approved as to form: Assistant City Attorney 4 11 AGENDA MEMORANDUM June 25,2002 AGENDA ITEM: Motion approving the reimbursement application submitted by ONAC Developers, Inc., owner and developer of Bordeaux Place Unit 1 Subdivision, for the over-size installation of 70 linear feet of 12-inch PVC sanitary sewer collection line and the off-site installation of 139 linear feet of 10-inch PVC sanitary sewer collection line; and Ordinance appropriating $14,938.74 from the No. 4220-250420 Sanitary Sewer Trust Fund to pay the ONAC Developers, Inc.'s request for installing an over-size sanitary sewer collection line and an off-site sanitary sewer line to develop Bordeaux Place Unit 1 Subdivision, and declaring an emergency. ISSUE: ONAC Developers, Inc., owner and developer of Bordeaux Place Unit 1 Subdivsion, has completed construction of public improvements required to plat and is requesting reimbursement of costs associated with the over-size installation and off-site installation of sanitary sewer collection lines in accordance with the Platting Ordinance. RECOMMENDATION: Staff recommends approval of the motion and ordinance as Art Sosa, A.I.A. Acting Dir of Development Services ~'~ rAngel R. Escobar, P.E. Director of Engineering Services ATTACHMENTS: Exhibit A. Exhibit B Exhibit C Background Information Location Map Reimbursement Application AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Sanitary sewer collection line connection to existing sanitary sewer infrastructure built with the development of Bordeaux Place Unit 1Subdivision required the oversize installation of 70 linear feet of 12-inch PVC sewer line and the off-site installation of 139 linear feet of 10- inch PVC sanitary sewer collection line. Normally, an 8-inch service line would be of sufficient size to serve the development. At the request of the City, the developer was required to over-size 70 linear feet of sanitary sewer to a 12-inch line in order to serve the subdivision and, in combination with the installation of the 139-linear feet of 10-inch pipe, to provide an increased off-site sanitary service area of some 20.0 acres south of the development. Reimbursement eligibility criteria and payment fall under the Platting Ordinance provisions Collection Line Trust Fund No. 4220-250420. In accordance with Section V-B.6.f)(2) of the Platting Ordinance, the 12.22 acre development is eligible for a maximum reimbursement of $106,530.00 for the off-site installation. Provisions of the Platting Ordinance allow the developer to be credited for reimbursement up to this amount as well as the cost of oversize considerations beyond his needs, upon the submittal of an application for credit and approval by the Director of Engineering Services. To support this request, the developer has provided Exhibit B which portray the segments of the sanitary sewer system for which reimbursement is being requested and identifies the additional service area which will be served by this system in the future. Cost-supporting documentation, including the Reimbursement Application, is provided as E,~,hibJtC. Because the acreage fee of $12,720 was paid at the time of platting, the developer is due $14,938.74 for the installation which is the cost of the 12-inch line minus the cost of the 8- inch line plus the construction cost for the off-site 10-inch sewer line. The determination of this cost is shown on Exhibit C. CITY ACCEPTANCE: All work is complete, and the sanitary sewer line improvements have been inspected and accepted by the City for operation and maintenance. Exhibit A Page I of 1 LOCATION MAP N.T.S. .H 0-1 ~~ (OVER-SIZED) ~ ~ 139 LF 10" SANITARY SEWE~ ~ (OFFSITE) I SERVICE NEDINA ENGINEERING & SURVE~NG BORDEAUX PLACE UNIT 1 CITY COUNCIL J&~SXC~P~S ~SCH~ T~7~3 WASTEWATER COLLE~ION EXHIBIT B ~U$ E/FL/~f¢-¢7~ f~(Y(fj&f¢4737 LINE RE IMBURSEMENT DEPAR~ENT OF ENGINEERING SERVICES APPLICATION FOR SEWERLINE REIMBURSEMENT l, Emilio Cano, President of ONAC Developers, lnc., hereby request reimbursement of $14,939.74 for the installation of the sanitary sewer collection line in conjunction with Bordeaux Place Unit 1, as provided for by City Ordinance No. 17396. Said $14,939.74 is the maximum allowable reimbursement in accordance with the Platting Ordinance based on the actual over-size installation and off-site extension construction co~c~ shown by the cost supporting documents attached herewith. Developer Date THE STATE OF TEXAS THE COUNTY OF NUECES This instrument was acknowledged before me on /')~bt/ [0 ~' ,2002, by Emilio Cano, President of ONAC Developers Inc., developer of Bordeaux Place Unit 1. Notary Public in and for the State of Texas CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Collection Line Trust Fund (b) appropriation and approval by the City Council Director of Engineering (City Engineering) Date Exhibit C P~¢ 1 of 3 REIMBURSEMENT APPLICATION AND SUPPORTING DATA OVER-SIZE AND OFF-SITE WASTEWATER COLLECTION LINE Legal Descriptions: Acreage: Fee Value: Reference: CONSTRUCTION COSTS Bourdeaux Place Unit 1 12.22 53 Lots x $240/Lot (lot fee) + 53 Lots x $162 (surcharge) = $21,306.00 Platting Ordinance - Sanitary Sewer [Collection Line Extension, V.B.6.f.(2)] A. Construction Contract Costs, Over-size Installation Required By City: ITEM NO. ~ UNIT TOTAL QUANTITY UNIT PRICE COST 1. 12" PVC (16'-18') 70 LF $ 100.00 $ 7,000.00 2. Tie to Existing MH I EA $ 4,000.00 $ 4,000.00 3. Engineering Fee 7-1/2% $ 825.00 Total $11,825.00 Required By Subdivision: UNIT TOTAL QUANTITY UNIT PRICE COST 1. 8" PVC (16'-18') 70 LF $ 45.00 $ 3,150.00 2. Tie to Existing MH 1 EA $ 3,500.00 $ 3,500.00 3. Engineering Fee 7-1/2% $ 498.75 Total $ 7,148.75 Reimbursement Requested for Over-size Installation (Difference) $ 4,676.25 B. Construction Contact Costs, Off-Site Sanitary Sewer Installation UNIT TOTAL IIEMI5~ DESCRIP_XIO~ QUANTITY UNIT [RIC~ CO3I 1. 10" PVC (16'-18') 139 LF $ 60.00 $ 8,340.00 2. Class "C" Embedment 139 LF $ 750.00 $1,042.50 3. Trench Protection 139 LF $ 1.00 $ 139.00 4. 10" Cap I EA $ 25.00 $ 25.00 5. Engineering Fee 7-1/2% $ 715.99 Total $10,262.49 Reimbursement Requested for Off-Site Sanitary Sewer Installation $10,262.49 C. Total Reimbursement Requested ($ 4,676.25 + $10, 262.49) $14,939.74 Exhibit C Pa~ 2 of 3 MAXIMUM REIMBURSEMENT ELIGIBILITY Off-site Reimbursement Eligibility 50% (avg. pipe diameter in inches) (Fee Value) = 50% (10")($21,306)= $ 106,530.00 Over-size Installation City reimburses the difference when developer is requested to over-size system $ 4,676.25 REIMBURSEMENT DUE DEVELOPER $14,938.74' * Sanitary Sewer Lot fees totalling $12,720.00 were paid by ONAC Developers, Inc. prior to plat recordation, therefore, these fees will not be subtracted from the reimbursement ($14,938.74) shown. Exhibit C Pa~ 3 of 3 ORDINANCE APPROPRIATING $14,938.74 FROM THE NO. 4220-250420 SANITARY SEWER TRUST FUND TO PAY THE ONAC DEVELOPERS, INC. REQUEST FOR INSTALLING AN OVER-SIZE SANITARY SEWER COLLECTION LINE AND AN OFF-SITE SANITARY SEWER LINE TO DEVELOP BORDEAUX PLACE UNIT 1 SUBDIVISION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That$14,938.74 is appropriated fromtheNo. 4220-25040 Sanitary Sewer Tmst Fund to pay the ONAC Developers, Inc. reimbursement request for installing an over-size sanitary sewer collection line and an off-site sanitary sewer line to develop Bordeaux Place Unit 1 Subdivision. 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 APPROVED ~ James IL Bray, Jr. City Attorney ,2002 By: Lisa Aguilar Assistant City Attorney Samuel L. Neal, Jr. Mayor H:\LEG-DIR\LISA\ORD3\ORD3.529 12 CITY COUNCIL AGENDA MEMORANDUM Date: 07/09/02 AGENDA ITEM: Resolution approving the submission of a grant application in the amount of $297,362 to the U. S. Department of Justice, Bureau of Justice Assistance for funding eligible under the FY 2002 Local Law Enforcement Block Grants Program. Grant funds will be used to purchase law enforcement equipment for the Police Department. lssue: The Department of Justice provides funding opportunities each year in an effort to reduce crime and improve public safety through various methods, including the procuring of equipment, technology, and other material directly related to basic law enforcement functions. Funding: The funding will be available October 1, 2002 and must be expended within a 24-month period from the date of the grant award. The grant funds may not exceed 90% of total program costs and participation requires a cash match of $29,736 to be provided from the Law Enforcement Trust Fund. Prior to the obligation of any funds received, the City must establish an advisory board to review the application and make nonbinding recommendations. Additionally the City must hold at least one public hearing to make the public aware of the program and its proposed spending plan. This is the seventh year we will receive block grant funding with the Law Enforcement Trust Fund providing the matching funds each year. The cash match of $29,736 is provided in the FY 02/03 budget. Recommendation: Staff recommends approval to submit the grant application. Required Council Action: City Council must approve the application for submission. Chief of Police ADDITIONAL BACKGROUND INFORMATION The Law Enforcement Block Grant (LEBG) program has provided a total of $3,144,908 in grant funds to the City since the program began in 1996. The funds have been used to purchase backbone equipment for the Mobil Data/Automated Vehicle Location project, 27 police package vehicles, 40 unmarked police units, digitized radios, radios for the Communications van, digital cameras, radars, video cameras, personal computer hardware and software, an upgrade to the computer system and the radio microwave system, a mobile police substation, a SWAT rescue vehicle, and other police equipment. The funds are dispersed by the Department of Justice on the basis of Part One offenses reported to the FBI through the Uniform Crime Report. The City reports a much larger number of Part One offenses as compared to Nueces County, thereby receiving a greater distribution of funds. The federal law provides for states to declare funding disparities ifa political subdivision incurs more than 50% of the costs in a given county or prosecution and incarceration of Part One crimes. In the state of Texas, the Attorney General has determined that Texas counties are responsible for more than 50¥o of these costs and has certified this fact to the Bureau of Justice Assistance. With this certification, the City must share the $535,253 award with Nueoes County. We have agreed to split the funds 50/50 with the County as we have done the previous 3 years. They have been advised that both jurisdictions must apply by the July 17 deadline or both entities will lose the funding. The City funds will be used for the following: 10 unmarked vehicles SWAT equipment Laser Printers (3) Training equipment Surveillance equipment Lighting for Mobil Data Computers Computer software: Crime Analysis and Professional Standards Property Recovery Van Speed Monitoring Trailer Shotgun Racks (76) Riot Gear (100 shields/shin guards) Total 155,000 14,562 14,600 2,000 11,000 10,000 31,200 22,000 7,000 17,000 13,000 297,362 Local Law Enforcement Block tJrants - LLLB(.J lntrooucnon rage FY 2002 Local Law Enforcement Block Grants Program Corpus Christi City, TX Application Award RFD Grant Changes Reports Co[res~nclpnce Switch to ... ~ Grant Handbook Award and Match Overview CEO Information Program ~o_ntact Information Certifications Disparg~e Information Award and Match Submit Application The following is the summary information for the total amount of LLEBG funds for which you are applying: Eligible Award Amount Your jurisdiction's Eligible Award Amount, not including PSOHB compliance status, is reflected in this figure. $535,253 Adjusted Award Amount Please enter the Adjusted Award Amount based on all agreements made between certified jurisdictions. Note: Once all certified jurisdictions have entered the adjusted federal award amount, the county will be able to review the information online. You will be able to submit your application once the county has agreed to the adjusted amount. $ 267,626 Decline/Transfer Funds Final Award Amount The figure below is calculated automatically based on the Adjusted Award Amount entered above and your jurisdiction's PSOHB status. Help/Freque_n~ly Asked Questions $ 267626 LLEBG Home Log-Off Match Amount The LLEBG Program requires a 10 percent cash match, calculated as one-ninth of the Final Award Amount, with no waiver provision (except for American Samoa, Guam, Northern Mariana Islands, and U.S. Virgin Islands). Federal funds may not exceed 90 percent of total program costs. Your match amount has been automatically calculated based on the Final Award Amount. $ 29736 Matching Funds Code M4-Equitable Sharing Program (Asset Forfeiture) Save and Continue https://grants.oj p.usdoj .gov:8OO4/gms_user/plsqL/llebg_y2k.gen_award_amount_scr?p_bgid... 6/7/2002 RESOLUTION APPROVING THE SUBMISSION OF A GRANT APPLICATION IN THE AMOUNT OF $297,362 TO THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE FOR FUNDING ELIGIBLE UNDER THE FY 2002 LOCAL LAW ENFORCEMENT BLOCK GRANTS PROGRAM. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council hereby approves the submission of a grant application in the amount of $297,362 to the U.S. Department of Justice, Bureau of Justice Assistance, for funding eligible under the FY 2002 Local Law Enforcement Block Grants Program. ATTEST: Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor The City of Corpus Christi Legal form approved James R. Bray, Jr. City Attorney ,2OO2; By: i~ ~ Lisa Aguilar Assistant City Attorney H:~LEG-DIR~LISA~ESkKES.093 13 CITY COUNCIL AGENDA MEMORANDUM July 9, 2002 AGENDA ITEM: Resolution authorizing the submission of a grant application in the amount of $215,000 to the U. S. Department of Justice for funding available under the Crime Laboratory Improvement Program for FY 2002. The equipment will be used by the Police Department. ISSUE: The National Institute of Justice has funding available to enhance the efficiency and productivity of crime laboratory operations. REQUIRED COUNCIL ACTION: Approval to submit the grant application. FUNDING: The total grant amount will be $215,000. The City must contribute a minimum of 25% of the total project cost or $71,667 which is an in-kind cost contribution of the laboratory personnel directly associated with the project. A cash match is not required. The federal share will be $143,333. CONCLUSION AND RECOMMENDATION: Staff recommends approval to submit the grant application. BACKGROUND INFORMATION The Police Department is applying for grant funding from the National Institute of Justice under the Crime Laboratory Improvement Program (CLIP) to enhance the efficiency and productivity of the Police Identification Division. The purpose of the CLIP grant is to improve the overall efficiency of evidence examination through streamlining, automation or semi-automation, reducing redundancy and re-analysis, and reduction in the time, labor, and costs needed for public crime laboratories to more effectively aid the investigative and legal processes. The result of CLIP funding must be a demonstrated improvement over current operations in areas such as output, turnaround times, staff hours, and/or costs in the section(s) of the lab where funds are focused. Grant funds may be used for modifications to existing, functional space related to the project, contractor-Provided Services (outsourcing analysis), travel and training related to the project, computer software, and supplies. The Police Department is applying for funds to implement the following projects: Automated Palmprint Identification System (APIS) - currently the department has an automated fingerprint identification system (AFIS) which has been very successful in our efforts to identify single digit prints obtained from crime scenes. APIS will allow our examiners to search our database for palmprints which currently is being conducted by hand. Palmprints represent approximately 25% of our current latent print evidence backlog. Bullet Recovery Tank - This equipment is designed for test firing and capturing the bullets from suspect firearms. Currently firearms' testing is conducted in a wooden box with test bullets fired into bales of cotton. This process of test firing into cotton can take anywhere from fifteen minutes to thirty minutes per firearm. A water bullet recovery tank should save approximately ten minutes per test. Enhanced stereo microscope and video system for existing macroscope - this equipment will allow the examiners to more efficiently handle and process evidence viewed under a micro/macroscope. The evidence will not have to be removed for comparison purposes and can be captured on film for presentation for court. This greatly enhances our evidence handling process. Photographic minilab system - currently all photographic print requests are sent to a contracted independent photo lab. The photos can range from simple graffiti photographs to a complete photographic record of a homicide case. This situation greatly affects the integrity of this evidence as it provides an opportunity for errors, loss and illegal use of evidence by it not being in the possession of the police photo lab. By having digital/conventional mini lab printer, all processing would remain in-house at the Police Department. Additionally, photo processing operational costs to the City would be reduced by a minimum $5,000 per year. Travel and training a. Training on APIS - two days of in house training would minimize the amount of lost work time due to travel and training at an off site location b. Firearms examiner proficiency testing - proficiency testing for the personnel performing forensic examinations within the division. The tests include 2 firearms examinations, 2 tool mark examinations, 4 latent print examinations and 2 questioned document examinations. Collaborative Testing Services Inc., which is an accepted provider of forensic proficiency tests, provides this service. 6. Gunsights software program - allows a forensic firearms examiner to research the type, make, model and history of a firearm suspected in a crime. Estimated costs of each proposal: Automated Palmprint Identification System (APIS) $ 40,000 Bullet Recovery Tank $ 47,000 Enhanced stereo microscope and video system for existing macroscope $ 8,000 Photographic minilab system $ 115,000 Travel and training $ 4,000 Firearms examiners software $ 1,000 Subtotal $ 215,000 In-Kind contribution (25% of total project cost) $ 71,667 Federal share $ 143,333 The application deadline is July 17, 2002. RESOLUTION APPROVING THE SUBMISSION OF A GRANT APPLICATION IN THE AMOUNT OF $215,000 TO THE U.S. DEPARTMENT OF JUSTICE FOR FUNDING AVAILABLE UNDER THE CRIME LABORATORY IMPROVEMENT PROGRAM FOR FY 2002. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council hereby approves the submission ofagrant application in the amount of $215,000 to the U.S. Department of Justice for funding available under the Crime Laboratory Improvement Program for FY2002. ATTEST: Armando Chapa City Secretary Legal form approved James R. Bray, Jr. City Attorney 2002; Samuel L. Neal, Jr. Mayor The City of Corpus Christi Lisa Aguilar Assistant City Attorney H:kLEC~D]It. LLISA~KES~RES.094 14 CITY COUNCIL AGENDA MEMORANDUM July 09, 2002 AGENDA ITEM: Resolution authorizing the City Manager, or the City Manager's designee, to submit Municipal Solid Waste Grant Applications to the Coastal Bend Council of Governments in the mount of $45,000 for Household Hazardous Waste Disposal costs, $55,000 for a Brush Loader, $10,000 for a Recycling Media/Outreach program, $10,000 for a Household Hazardous Waste Media/Outreach Program, and $5,000 to publicize and increase participation in Stop Trashing Corpus Christi Community clean-up events, and a total grant request of $125,000; Authorizing the City Manager, or the City Manager's designee, to act on behalf of the City in all matters related to the grant application; and pledging that ifa grant is received the City of Corpus Christi will comply with the grant requirements of the Coastal Bend Council of Governments, The Texas Natural Resource Conservation Commission, and the State of Texas. ISSUE: The Coastal Bend Council of Governments' Regional Solid Waste Grant application process requires the approval of a resolution by the City Council. BACKGROUND: The Texas Natural Resource Conservation Commission Solid Waste Grants are administered locally through the Coastal Bend Council of Governments (CBCOG). The purpose of the grant program is to provide funding for eligible local and regional municipal solid waste projects in support of the adopted regional solid waste management plan for the CBCOG region. In FY 2000-2001, the City received $78,000.00 in funding for solid waste projects. In FY 2001-2002, the City applied for, but did not receive a CBCOG grant. In FY 2002-03 grant funding in the amount of $268,473.00 will be available through the CBCOG grant application process for solid waste projects. All requested grant funding supports specific goals and objectives of the CBCOG Regional Solid Waste Management Plan. Solid Waste Services is applying for a total of $125,000.00 in grant funds for the following projects: $45,000.00 to fund the disposal costs of the City's established quarterly Household Hazardous Waste Collection events. The established dates for the events for the 2002-2003 CBCOG grant year are November 16, 2002, Febmary 15, 2003, May 17, 2003, and August 16, 2003. This item supports the CBCOG Regional Solid Waste Management Plan Goal and Objective 5.1.8 on a mechanism for separate management of special waste. $55,000.00 to purchase a Peterson new model Rear Steer RS-3 Lighting Loader w/all weather cab. Unit will be used to source separate and load brush and debris collected at the curbside by city crews. Total cost of the unit is $105,000.00. Solid Waste requests Council approval to match any un-funded portion, up to $50,000.00, of the requested $55,000.00 for this project. This item supports the CBCOG Regional Solid Waste Management Plan Goals and Objectives 5.1.2 on Waste Reduction and 5.1.4 on Composting. $10,000.00 for a media/outreach campaign on the City's Household Hazardous Waste Program. This grant funding will enhance awareness of the existing community education programs, and will hopefully increase citizen participation in the hazardous waste collection events. These funds will supplement funds already budgeted for these events. This item supports the CBCOG Regional Solid Waste Management Plan Goals and ObjectivesS. 1.2 and 5.1.8 on establishing a community education program on waste reduction and special waste. $10,000.00 for a media/outreach campaign for the Recycling Program offered by the City. Again, this campaign will enhance awareness of the existing programs and should increase citizen participation. These funds will supplement funds already budgeted for these events. This item supports the CBCOG Regional Solid Waste Management Plan Goals and Objectives 5.1.2 and 5.1.3 on establishing a community education program on waste reduction and recycling. $5,000 to publicize and increase participation in STOP Trashing Corpus Christi community clean-up events. STOP Trashing Corpus Christi sponsors a community wide clean-up campaign. The program encourages, challenges and promotes the action of citizens and businesses to clean-up Corpus Christi. The funds will be used to publicize the STOP Trashing Co~pus Christi clean-up events and increase participation in the community by providing caps and T-shirts to event leaders. This item supports the 2002-2006 CBCOG Regional Solid Waste Management Action Plan Eligible Project Categories 8.2.2., Litter and Illegal Dumping Cleanup, and 8.2.5., Citizens' Collection Stations, "Small" Registered Transfer Stations, and Community Collection Events. Grant applications are due to the CBCOG by July 12, 2002. Council approval of this resolution is considered part of the complete application. FUTURE COUNCIL ACTION: Acceptance of a Solid Waste Grant and approval of inter-local agreements between the City and the CBCOG, appropriation of Federal/State Grant(s). RECOMMENDATION: Approval of the resolution as submitted. Director, Solid Waste Services RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO SUBMIT MUNICIPAL SOLID WASTE GRANT APPLICATIONS TO THE COASTAL BEND COUNCIL OF GOVERNMENTS IN THE AMOUNT OF $45,000 FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL COSTS, $55,000 FOR A BRUSH LOADER, $10,000 FOR A RECYCLING MEDIA/OUTREACH PROGRAM, $'10,000 FOR A HOUSEHOLD HAZARDOUS WASTE MEDIA/OUTREACH PROGRAM, AND $5,000 TO PUBLICIZE AND INCREASE PARTICIPATION IN STOP TRASHING CORPUS CHRISTI COMMUNITY CLEAN-UP EVENTS, AND A TOTAL GRANT REQUEST OF $125,000; AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO ACT ON BEHALF OF THE CITY IN ALL MATTERS RELATED TO THE GRANT APPLICATION; AND PLEDGING THAT IF A GRANT IS RECEIVED THE CITY OF CORPUS CHRISTI WILL COMPLY WITH THE GRANT REQUIREMENTS OF THE COASTAL BEND COUNCIL OF GOVERNMENTS, THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, AND THE STATE OF TEXAS WHEREAS, the Coastal Bend Council of Governments ("CBCOG") is directed by the Texas Natural Resoume Conservation Commission to administer solid waste grant funds for implementation of the Coastal Bend Council of Governments' adopted regional solid waste management plan; and WHEREAS, City of Corpus Christi is qualified to apply for solid waste grant funds under the Request for Applications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Manager or his designee is authorized to request grant funding under the Coastal Bend Council of Governments' Fiscal Year 2003 Regional Solid Waste Grants Program, and is authorized to act on behalf of the City of Corpus Christi in all matters related to the grant application, any subsequent grant contract, and grant project administration, which may result if grants are provided for the following proposed projects: a. $45,000 for the disposal costs of the City's established quarterly household hazardous waste collection events. The established dates for the events for the 2003 CBCOG grant year are November 16, 2002, February 15, 2003, May 17, 2003, and August 16, 2003. This item supports the CBCOG Regional Solid Waste Management Plan Goal and Objective 5.1.8 on a mechanism for separate management of special waste. R24050A2 $55,000.00 to pumhase a Peterson new model Rear Steer RS-3 Lighting Loader w/all weather cab. This unit will be used to source separate and load brush and debris collected at the curbside by city crews. Total cost of the unit is $105,000.00. This item supports the CBCOG Regional Solid Waste Management Plan Goals and Objectives 5.1.2 on Waste Reduction and 5.1.4 on Composting. $10,000.00 for a media/outreach campaign for the Household Hazardous Waste Program. This grant funding will enhance awareness of the existing community education programs, and will hopefully increase citizen participation in the hazardous waste collection events. These funds will be used to supplement funds that are already budgeted for these events. This item supports the CBCOG Regional Solid Waste Management Plan Goals and Objectives 5.1.2 and 5.1.8 on establishing a community education program on waste reduction and special waste. $10,000.00 for a media/outreach campaign for the Recycling Program offered by the City. Again, this campaign will enhance awareness of the existing programs and should increase citizen participation. The grant funds will supplement funds that are already budgeted for these events. This item supports the CBCOG Regional Solid Waste Management Plan Goals and Objectives 5.1.2 and 5.1.3 on establishing a community education program on waste reduction and recycling. $5,000 to publicize and increase participation in STOP Trashing Corpus Christi community clean-up events. STOP Trashing Corpus Christi sponsors a community wide clean-up campaign. The program encourages, challenges, and promotes the action of citizens and businesses to clean-up Corpus Christi. The funds will be used to publicize the Stop Trashing Corpus Christi clean up events and increase participation in the community wide by providing caps and t-shirts to event leaders. This item supports the 2002- 2005 CBCOG Regional Solid Waste Management Plan Action Plan Eligible Project Categories 8.2.2., Litter and Illegal Dumping Cleanup, and 8.2.5., Citizens' Collection Stations, "Small" Registered Transfer Stations, and Community Collection Events. Section 2. If any project listed in Section 1 is funded, the City of Corpus Chdsti will comply with the grant requirements of the Coastal Bend Council of Governments, Texas Natural Resource Conservation Commission, and the State of Texas. Section 3. Any grant funds and any grant-funded equipment of facilities provided through the Coastal Bend Council of Governments' Fiscal Year 2003 Regional Solid Waste Grants Program will be used only for the purposes for which they are intended under the grant. Section 4. The City's activities will comply with and support the adopted Coastal Bend Council of Governments' Regional Solid Waste Management Plan and any local solid R24050A2 3 waste management plans adopted for the geographic area in which the activities are performed. Section 5, The City of Corpus Christi is not in arrears in payment of any municipal solid waste fee owed to the State of Texas. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 2nd day of July, 2002. James R. Bray Jr. City Attorney_ R. ,Jay ~eining/ First Assistant City Attorney Samuel L. Neal, Jr. Mayor R24050A2 15 AGENDA MEMORANDUM DATE: June 27, 2002 SUBJECT: Appeal to Building Standards Board decision to require demolition of the structure located at 1618 Stillman Agenda Item: Council consideration an appeal by Melvia Louise Barrett of a Building Standards Board decision to require demolition of the structure located at 1618 Stillman. Issues: Staff is charged with determining the degree of deterioration of structures and submitting same to the Building Standards Board for determination. Melvia Louise Barrett has requested the City Council hear an appeal of the Building Standards Board decision requiring demolition of the structures on the subject property in accordance with City Code Section 13-28. Background: Project History Summary: Staffwas first made aware of this site during routine inspections of the area in September 2001. The site has two wood frame structures, a house and a detached garage. The buildings have been vacant and had no utilities connected since 1994. Deterioration and vandalism are extensive. The components of both structures have deteriorated beyond repair. Staff conducted an inspection of the structures and gave owner written notice of the defects in October 2001 in accordance with Section 13-26 of the City Code. No permits for general repairs to the structures have been purchased and no work has been performed on the structures. A chronological synopsis of the events concerning the structures is attached. Board Review: On May 23, 2002 the Building Standards Board ordered demolition of the structures on the subject property. Notice of Appeal: Section 13-28 (a) of the City Code provides that whenever it is claimed that the decision of the Building Standards Board is erroneous, or that the decision of the Board would cause undue hardship, the owner or occupant may appeal from the board's decision to the City Council. Section 13-28 (a) states that the appeal shall state specifically the error alleged to have been committed by the Board. In this case, the owner is requesting additional time to obtain resources to make repairs. A copy of the notice of appeal is attached. Required Council Action: The Council may: (1) deny the appeal (thereby upholding the Board's order), or (2) sustain the appeal (thereby reversing the Board's order in whole or in part). Specifically, Section 13-28 (b) of the City Code provides that the City Council may vary the application of any provision of Chapter 13 of the City Code, Article II, Building and Housing Standards, when enforcement would do manifest injustice and would be contrary to the spirit and purpose of the code or public interest or when, in Council's opinion, the decision of the board should be modified or reversed. Under Section 13-28 of the Code, a decision to modify or reverse an order of the board in whole or in part shall specify the following: (1) in what manner such modification is made, (2) the conditions upon which it is made, and (3) the reasons therefore. Should the Council desire to modify or reverse the Board's order, staff recommends that Council set deadlines for any required action, and that the Zoning Code Enforcement Administrator be authorized to demolish the structures upon owner's failure to comply. The decision of the Council is final unless the aggrieved party appeals by instituting a suit within fifteen days from the date on which the decision was rendered by the Council. Recommended Process: The proceeding should be informal. In deciding this case, the Council acts in a quasi-judicial capacity; i.e., it will determine what the facts are and determine whether the structures require demolition. The Council will consider only information relevant to those issues. At the outset, staff can summarize the agenda memo and attachments. Then the appellant would present any evidence and arguments. Since this is a quasi-judicial matter, the Council may, but need not, solicit general public comment. If the Council chooses to hear such comment, this could be done after argument of the parties, but before Council deliberation. Prior Council Action: None Recommendation: Staff recommends the City Council uphold the Building Standards Board decision which requires that the owner start demolition within 30 days. Should demolition begin, an additional thirty (30) days shall be allowed to complete demolition. If the demolition is not started and completed as required, the City shall be authorized to demolish. The cost to demolish will be charged to the owner. ~~d,~jj Hector Vallejo Acting Housing and Community Development Director Attachments: Chronology (Exhibit 1) Standard Operating Procedures (Exhibit 2) Substandard Summary (Exhibit 3) Inspection Report (Exhibit 4) Certified Notification Letter - Substandard Conditions Existing (Exhibit 5) Summary of Substandard Structure (Exhibit 5.1) Certified Notification Letter - Board Hearing Scheduled (Exhibit 6) Letter from Property Owner - (Exhibit 7) Certified Notification Letter - Board Hearing Decision (Exhibit 8) Building Standards Board Minutes - Excerpt (Exhibit 9) Letter from Property Owner - Request for Appeal (Exhibit 10) Code Section 13 -28 (Exhibit 11) Photographs of House (Exhibit 12) CHRONOLOGY LIST 09/14/01 10/17/01 05/03/02 05/21/02 05/23/02 05/24/02 06/06/02 Substandard structure(s) investigation and survey Notice to property owner - Substandard Conditions Exist Notice to property owner -Building Standards Board hearing Letter from Property Owner received by Zoning/Code Enforcement with intentions for property abatement Building Standards Board Hearing - Board ordered demolition based on conditions of the structure Notice to Property Owner - Building Standards Board decision with excerpt of minutes Request for appeal received from Property Owner by City Secretary Office. EXHIBIT 1 STANDARD OPERATING PROCEDURES One of the goals of Code Enforcement is to eliminate substandard structures from the city. We try to accomplish this goal by responding to citizen complaints or by the property advisors identifying problem structures through daily inspections of their work areas. Then by working with property owners whose structures are in need of repair or in the worst cases need to be demolished. Our first step upon receiving information that a structure may be in need of repair is to try to establish contact with the owner, and inform them of what type of repairs maybe necessary to bring the structure into compliance. The mount of repair a structure may need is determined by performing a survey of structure. The percent of deterioration is calculated as part of the survey, (the Substandard Survey). Staff also prepares a detailed Inspection Report which specifies the exact defects. The Substandard Survey and the Inspection Report are provided to the owner. When for what ever reason the repairs are not made, we will bring the property before the Building Standards Board for review. The Board has the authority to require the property owner to make the necessary repairs or demolish the structure depending on its condition. At the Board meeting the property owner is given an opportunity to state what their plans are for the structure. The Board will then decide to grant the owner request or rule in favor of the staff recommendation. Either way the Board will set a specific time frame in which the repairs or the demolition is to be performed. EXHIBIT 2 · l~ec~ion ~lmrc UtH'q, Hold: Initial Leuec Hearing:., 'Notice of Hearing Received: rflle Check: Advertised: Bid Notice to Owner:. bw Bid: BM bt:. Work Approved for Payment: Lien Filed: Closed: PROPEI~ ADD~: EXTERIOg II Exhibit 't Paint Inter. Doors Kitchen Cabinets Heating Tr~ps, Vents, Water Heater. Interior Total TOTAL ACCESS. STRUCTURE Roof Framing Roof Cover~ Wail Framin~ $idin~ Foundation Ooon/Windows 18 15 lo 15 Acct. No. 3443 - 0025 - 0150 Inspection Date 09/14/01 Zoning District R-i~ Census Tract 5 Revised Date City of Corpus Christi Code Enforcement Division - Building Survey Report Property Address 1618 STILLMAN Property Advisor MIKE HERNANDEZ Lots 15 AND 16 Block 25 Addition HILLCREST Owner OLIVER BARRETT Mail to 1719 KRISWOQD City/State HOUSTON TX Zip 77014 Dwelling __.Commlercial ~ Accessory Wood Frame __Masonr1, __Fire Damage Vacant __Occupied ~ Open ~ 1386.Sq Ft i Story # Of Units __Inside Inspection ~ Pictures Placard Posted SEPTEMBER 14, 2001 Corrections must be made to the item(s) checked below to comply with the Code Enforcement MinimumBuilding Standards Code. The following city ordinances are applicable: Building, Pl~Jmbing, Electrical, Mechanical, Fire, Health, Zoning. Permits Required as checked: %FBuilding ~Plumbing ~Electrical ~WMechanical __Fire __Health __Other Smoke Alarms: 9~4issing __Inoperative __Improperly Located Additional Alarms Required OUTSIDE WALLS: (304.2,304.14,307.6) T~q~e: Asbestos shin~es Charred Wood Rotten Wood Rotten Corner Boards Missing Boards Badly in Need of Paint )'Siding )'Broken )'Missing Holes Cracks Buckled Leans Missing Brick Loose Brick ~D-m~ged Exterior Trim Other ROOF: (304.3) Ty~e: Con~osition shingle, Charred Wood Rotten Eaves Rotten Rafter Tails )'Rotten Decking Missing Shingles Rotten Shingles )'Deteriorated Shingles )'Leaks Sags Buckled Collapsed Worn Torn Holes Other FOUNDATION: (304.1,304.17) T~: Inadequate Support Rotten Wood Piers Lean Piers Missing Cracks/Perimeter Wall Cracks/Slab Pads Missing Cracked Missing Skirting Missing Access Cover Exposed Sills Rotten Sills Dankaged Floor Joist Sagging Floor Joist Other WINDOWS: (304.7,8,9,10,13) Charred Wood )'Broken Glass )'Missing Screens Missing/Broken Sash Do Not Open Rotten Sills Rotten/Broken Frames Other PORCHES: (304.5,6) Charred Wood Missing/Broken Boards Loose Rotten Wood Inadequate Support Support Post Missing Support Post L6ose Faulty Weather Protection Other Exhibit 4 DOORS: (304.7,304.12,304.13) Charred Wood Missing Damaged Poor Fit )'Damaged/Missing Screen(s) Off Hinges Blocked Exit Rotten Other Page 1 of 3 P~ge 2 STEPS: (304.5,6) Charred Wood Rotten Wood ~4issing Boards Inadequate Support ~4issing Handrails Loose Handrails Faulty Weather Protection Other PLUMBING: WATER CLOSET (301,306.6,307.2) ~i~ S sing NO Anti-Siphon Ballcock Stopped Up Poorly Anchored Seeps Around Bowl Water Supply Line Leaks Flush Eli Leaks Runs Constantly Tank Broken Cracked Bowl Broken Cracked Disconnected Missing Flush Handle Missing Flapper Urinal No Back-flow Preventive No Elongated Bowl/Open-end Seat Other LAVATORY: (301.1,301.2,307.2) Missing No Anti-Siphon Faucets Faucets Leak Broken Missing ~P" Trap Trap Leaks Missing Defective Trap Stopped Up Water Supply Line Leak Loose from Wall Nonconforming Waste Line Disconnected or Other KITCHEN SINK: (304.19,306.2) Defective Trap Faucets Loose Broken Missing "P" Trap Rubber Hose Trap Leaks ~issing Stopped Up Disconnected ~Da/naged Counter Top Damaged Back Splash ~Other: P tra disconnected Property Address: 1618 STILLMAN PLUMBING: BATHTUB/SHOWER: (301,306.6,307.2) Missing Faucets Loose Broken Missing NO Anti-Siphon Faucets Missing Overflow Plate Missing Tap Missing Shower Head Not vented Disconnected Stopped Up Damaged Shower Stall or Other WATER HEATER: (301. 4307.3) Gas Electric )~Missing Disconnected T~ ."T~rature/Pressure/Relief Valve Missing Temperature/Pressure/Relief Valve Broken Drain Line Missing Not Approved Pipe Not Extended Outside Elbowed Down Vent Missing Loose No Double Wall Pipe/Attic Nonconforming Vent Inadequate Combustion Air Thermostat Missing Damaged No Gas Cut Off Missing Firebox Door Gas Supply Line Not Approved Pipe Gas Fired - Located in Bathroom Gas Fired - Located in Bedroom ~Other: Dilapidated enclosure GAS SYSTEM: (301.5) Gas Pressure Test Required Gas Leak Gas Line Appears to Enter Building Below grade level Gas Supply Line Not Approved Pipe Rubber Hose to Space Heaters Non-Rigid Pipe Run Through Partition Wall Other PLUMBING MISCELLANEOUS: (301.1,2,3) Open Clean Out Water Leak Yard Under House Vent Stack Missing Broken Vent Stack Not Extended Through Roof Rain Guard Damaged Missing Exposed Exterior PVC Pipe PVC Water Supply Lines Washer No ~P" Trap Not Vented No Cut Offs Sewer Line Stopped Up Sewer Line/Sewage Running Out on Ground Other ?~ae 2 of 3 Page 3 Property Address: 1618 STILLMAN ELECTRICAL SERVICE: (302.4,303) service Panel Burned Service Missing Service A~pears Below Code Two-Wire Service Inadeq~/ate Defective )~Disconnected Service Not Grounded Missing Breakers Fuses Missing Interior Exterior Panel Cover Exposed Wiring Nonconforming Wiring in Panel Drops Too Low Other INSIDE WALLS AND CEILINGS: (304.16,307.6) Charred Wood Paint Deteriorated Cracks Holes Torn Wallpaper Damaged Paneling .Sheetrock Holes Sheetrock Mildewed Buckled 'Ceiling Damaged .Water Damaged Impervious ~terial Around Tub Enclosure Damaged Missing Walls Around Tub Not Water Resistant Other SYSTEM: (302.4,303) Burned Wiring Plugs Switches Burned Fixtures Less Than One Duplex Receptacle per 20 linear ft BR LR DR Den Kitch No Small Appliance Circuits Over Kitchen counter space with GFCI Only One Small Appliance Circuit Over kitchen counter space with No GFCI Kitchen Appliance Circuits - No GFCI Plugs Missing Loose Broken Switches Missing Loose Broken Fixtures Missing Loose Broken Missing Switch Covers Plug Covers Extension Cords in Place of Permanent Wiring Bathroom Circuit no GFCI Conduit Broken Loose Missing No Separate Circuit for No Disconnect for ~r Conditioner Exterior Lights Missing - Front Back Side Porch Lights Broken Missing Loose Other MECHANICAL: (302.1,302.2) 'Vented Wall Heater Missing Floor Furnace Damaged Missing Nonconforming Gas Line to Space Heater No Vented Wall Heater in Bathroom Thermostat Damaged Missing Gas-Fired Heating Appliance within 2' of Tub/Shower/Water Closet Condensing Unit Damaged Missing No Vent Fan or Window in Bathroom Vent Fan Missing Not O~erative No Vented Heat in Con~nercial Bldg Fire Damage Other INTERIOR FLOORS: (304.16,307.6) Charred Wood Rotten Wood Missing Boards Holes Cracks Unlevel Buckled Torn .Damaged or Other ACCESSORY STRUCTURE (304.14,15,17): DETACHED GARAGE/STORE Roof: Tlrpe: ComPosition shinqles Rotten Loose Torn Holes Missing .Other: Deteriorated Walls: T!rpe: Wood 'Rotten Leaning Buckled Other Foundation: Type: Continuous concrete beam Sunken .Cracked .Rotten sills Other UNSANITARY CONDITIONS: INTERIOR (306,307.6) .Plumbing Fixtures Unsanitar~ 'Insect, Roach, Rodent Infestation Lacks Adequate Garbage Facil./Containers Page q of 3 CITY OF CORPUS CHRISTI ZONING AND CODE ENFORCEMENT CERTIFIED # J 605 048 473 ACCT: 3443-0025-0150 -- - N AME:--BARRETT OLIVER ADDRESS: 1719 KRISWOOD DR HOUSTON TX 77014 DATE 10/17/01 RE: 1618 STILLMAN LEGAL~:.~ HILLCREST LTS 15 AND 16. BLK 25 On 10/09/01 a survey of the above property was conducted. Certain conditions were found to exist which violate the Building and Housing Standards Code or Ordinances of the City of Corpus Christi. A copy of the survey stating the nature of the violation(s) is attached and incorporated by reference as if set out in this notice. The above property is described as: VACANT DWELLING ACCESSORY STRUCTURE NOTE: SEE ATTACHED , SUBSTA/qDARD CONDITIONS Please correct the violation(s) within thirty (30) days of receipt of this notice. Violation(s) not cured within thirty (30) days of receipt of this notice will make it necessary for the City to take further action pursuant the Building and Housing Standards Code. Failure to respond or voluntarily eliminate these defects by either repairs, reconstruction, alteration, removal, or demolition within the allowed Time, will make further action necessary. The City may contract for demolition of the property. Expenses and an administrative fees, incurred by the City, shall be assessed on the real estate or lot upon which such expenses was incurred. The City can also file charges in Municipal Court for these violations. If found guilty, you may be assessed a fine of up to $200.00 under Section 13-29. A permit must be obtained before any work is begun. If you have any questions, you may call between 8:30 and 9:30 a.m. weekdays at (361) 880-3030. ' NIDBD01 - 10/09/01 8 Sincerely, Mike Hernan~ez Property Advisor Exhibit 5 P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 880-3030 0 0 m SENDER: _ I also wish to receive the v a . Complete kerns+ and/or z for addlbonal services. • Complete trema 3,4a; and 4b. - f011owing'services (for an ro nameand address on the reveree of this formso that wear CWlmthis • Print yord extra fee): ai d tour • AAe Ihis form to dw hom of the mellpiece, or on the back if space does not 1. ❑ Addressee's Address 9 ❑Express Mail • write Retum Rece/pt Requested'on the mallplece below the article number. 2. ❑ Restricted Delivery y •The Return Receipt will ohm to whom the ardcle was dellvem and the dateZ- Consult postmaster for fee. p c dellmW. silvery WE To. . 0 3. Article Addressed to: 7001 0360 DDDR 5048 4734- � BARRETT OLIVER 4b. Service Type ❑ Registered *Certified m 1719 KRISWOOD DR ❑Express Mail ❑Insured HOUSTON TX 77014 ❑ Return Receipt for Merchandise ❑ COD ACCT: 3443-0025-0150 silvery WE To. o r 5. Received tName)re ddress(Only ffrequested Y .} ee i c � ) m =" P ecam + Domestic Retum · DATE: March 22, 2002 IN1TS: ~ SUMMARY OF SUBSTANDARD STRUCTURE ~DDRESS: 1618 STILLMAN ~EGAL DESCRIPTION: HILIg2REST LTS 15 & 16 ~,ONE: R-lB USE: DWELLING ~ACANT: [] OCCUPIED: [] )~TERIORATION: EXTERIOR: 37% INTERIOR: 20% IETERIORATION FOR ACCESSORY STRUCTURE: 62% ,'FAFF RECOMMENDATIONS: DEMOLISH: [] kCCF~SORY STRUCTURE: DEMOLISH: [] ,~JMMARY OF CONDITIONS: ~MOKE DETECTORS: MISSING ~.'~'~.RIOR WALLS: MISSING/BROKEN SIDING EXTERIOR TRIM: DAMAGED rOOF SYSTEM: ..... ROOF COVER: LEAKS~ ROTTEN DECKING & DETERIORATED SHINGLES EAVES: ..... RAIo'rERS: ..... ~OUNDATION: ..... SILLS: ..... JOISTS: ~N'DOWS: BROKEN GLASS & MISSING SCREENS FRAMES: ..... ~)RCHES: ..... ~}ORS: DAMAGED/MISSING SCREENS FRAMES: .... TA]RWAYS: .... LUMBING: ..... SERVICE: ..... SYSTEM: FIXTURES: ..... TUB ENCLOSURE: ~ITCHEN: DAMAGED COUNTERTOP ~ATER HEATER: MISSING & DILAPIDATED ENCLOSURE LECrRICAL: ..... SERVICE: DISCONNECTED SYSTEM: OUTLETS: ..... IECHAHICAL: HEATING: MISSING q~I'ERIOR CONDITION: EILINGS & WALLS: HOLES ~N SHEET ROCK & WATER DAMAGED CgI!~!NG LOORS: DAMAGED TOTAL: 57% TYPE: DETACHED GARAGE REPAIR: [] NSANITARY CONDITIONS: PLUMBING FIXTURES UNSANITARY & INSECT AND RODENT INFESTATION CCESSORY STRUCTURE: DETACHED GARAGE/STORAGE ROOM ROOF: DETERIORATED COMPOSITON SHINGI.I~..g WALLS: ROTTEN/MISSING WOOD FOUNDATION: CRACKED BEAM & ROTTEN SIL!,~ DDITIONAL COMMENTS: THE CCPD HAS RECIEVED COMPLAINTS REGARDING ILLF, GAL ACTIVITY AND IT HAS EEN VANDALIZED. May 3, 2002 CERTIFIED LETTER # 7001 2510 0001 2713 3159 Oliver Barrett Re: 1618 Stillman 1719 Kriswood Dr Houston TX 77014 Addn: Hillerest Block: 25 Lot (s): 15 & 16 A recent inspection has shown that you have not corrected the violations of the Building and Housing Standards code existing in the above referenced property as was requested of you in our letter of October 17, 2001. As required by State of Law, a public hearing will be held upon this matter. The hearing will be before the Building Standards Board and is scheduled 1:30 p.m.~ ThursdaB May 23~ 2002 in the Council Chambers, 1201 Leopard. The Board can order you to repair or demolish the building(s) and authorize the City to have the building(s) demolished if you do not comply with the time allowed. The cost, if the City does the demolition, would be charged to you and if not paid would result in a lien being filed against this property. Attached is the staff recommendation to the Building Standards Board for this property. You may appear, and in fact are recommended to appear, before the Board at this hearing and show cause this remedy I will seek should not be granted. If you have any questions regarding this matter, please contact John Kendall at 880-3030. Very truly yours, COMMUNITY DEVELOPMENT Zoning/Code Enforcement Administrator P.O. Box 9277 · Corpus Christi, Texas 78469-9277 · (361) 880-3000 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ print your name and address on the reverse so that we can return the card to you. • Attach this cant to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: OliverBarrett 1719 Kriswood Dr Houston TX 77014 WA 0 Agent C. Date of Delivery D. Is delivery address dffWeM from item 1? U Yes If YES, enter delivery address below: 0 No 3. Service TYPO 0 Certified Mail 0 EzPress Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7001 2510 0001 2713 3159 (rransfer from servic PS Form 3811, August 2001 Domestic Return Receipt 102595-01-M-2509 -,*" v.o*~.t/v~ ..iu~ lz:~,v t"Al ZS1 875 3291 KINKO$ Greellspllt: ~001 Oliver and Melvia Barrett 1719 Kriswood Dr. Houston, Texas 77014 Ateention: Mr. John Kendall Zoning/Code £n~Cbrcement Administrator Mr. Kendall, I am writing in regard to the attached letter that we received on May 11, 2002. Our son must have signed for it. We are both 70 years old but, I am still working full time. Our last workday for this year is May 24~ and our grandson for whom which we are guardians and parents will graduate on May 30~ at 8:00 p.m. so, therefore we will not be able to be present on May 23~ but, please do not take that kind of action against our property. Since I last spoke with Mr. Hernandez I inquired around for some renovation program but, it seems that the only thing taking place is demolition. I also told Mr. Hemandez about the class action suit that we (Hill Crest Home Owners) ate involved in. Our plan is to take that setdement and fix up our house. We have eight children and ten grandchildren of which only four of them have their homes. We plan to come to Corpus Christi after we sec our grandson off to begin his duties as a U.S. Marine on June 24~, however, I am contacting the gentleman that mows our lawn and asking him to treat for rodents and to raise the collapsed shade over the window also to see what else he can do to make the outside look more presentable for the neighborhood. Thank you, Oliver & MeMa Barrett Exhibit 7 Chnst May24,2002 CERTIFIED LETTER# 7001 2510 0002 4479 7289 Oliver Barrett 1719 Kdswood Dr. Houston, TX 77014 RE: 1618 Stillman Lot: 15 & 16 Block: 25 Addition: Hillcrest The Building Standards Board met at 1:30 p.m, Thursda¥~ May 23~ 2002 in the Council Chambers, 1201 Leopard, to hear matters concerning the substandard building(s) located at the above referenced property. A notice of the decision made on that date is enclosed. The period of time allowed you to comply with the decision of the Board commences from the date of this letter. If you wish, you may appeal the decision of this Board to the City Council. Such appeal must be perfected by filing a sworn notice of appeal with the City Secretary within fifteen (15) days from the date of notice of the Board's written decision, which is the date of this letter. This appeal must state specifically any error alleged to have been committed by the Board or that the decision of the Board would cause hardship and state the reasons for the hardship. It will be necessary for you to obtain the proper permits before initiating demolition or repairs as required by the Board. This permit can be obtained at the Building Inspection Division at 1201 Leopard. Contact the Code Enforcement Division prior to obtaining the permit(s). Please contact the Property Advisor if you have any questions regarding this matter or if they can be of assistance to you. The office number is 880-3030. Sincerely, ~' John Kendall Zoning/Code Enforcement Administrator Exhibit 8 ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ■ Prim your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the from if space permits. 1. Article Addressed to. Oliver Barrett 1719 Kriswood Dr i / -El Agent X Addressee B. Received i (Pr/nted e) a of Delivery D. Is delivery add from Item 17 13 Yes If YES, entlir#silvery addre ovr. 13 No ry #4 J O OP Houston TX 77014 3. Service T 4; ps 2. ARkM Number (Trarrsfer from service 0 Certiw Mai press Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 1% 4. Restricted Delivery! (Exna Fee) ❑ Yes 7001 2510 0002 4479 7289 PS Form 3811, August 2001 Domestic Return Receipt — _ - - 102595.02-Mpd2 EXCERPTS OF TI:IF. MINUTES OF THE BUILDING STANDARD BOARD OF THE CITY OF CORPUS CHRISTI, TEXAS On May 23, 2002, a regular meeting of the Building Standards Board was held in the City Hall Council Chambers, 1201 Leopard, with regard to that property at 1618 Stillman. The minutes of the Board are as follows: 1618 Stillman- Main Structure & Detached Garage Hillcest, Lots 15 & 16 STAFF RECOMMENDATION: To require demolition due to the extent of deterioration. APPEARING IN FAVOR: 0 APPEARING IN OPPOSITION: 0 Motion: Motion was made by Mr. MeGuire, seconded by Mr. Spiker and passed unanimously to accept staff recommendation and allow demolition to the structures according to Section 13- 26 (G), (1), (c) of the Corpus Christi Code of Ordinances allowing thirty (30) days to obtain a permit and thirty (30) days to complete the demolition of the property located at 1618 Stillman, Itillcrest, Lots 15 & 16. If demolition is not started and completed as required, the city be authorized to demolish. NOTE: For detailed information on testimony, refer to the tape retained on file in the Community Development Department. I hereby certify that to the best of my knowledge, the above statement is a tree and correct excerpt of the minutes of the Building Standards Board meet~~2~ John P. Kendall Zoning/Code Enforcement Administrator Exhibit 9 Mr. John Kendall, Administrator c/o Zoning/Code Enforcement 1201 Leopard St., 2nd Floor Corpus Christi, TX 78401 Re: 1618 Stillman St. Lot: 15 & 16 C~ June 6, 2002 B : aaition: ~iillcrest Dear Mr. Kendall: I received a notice on May 28 explaining the decision that the Building Standards Board made on May 23, 2002 regarding the property at 1618 Stillman St. It has been brought to my attention that because a list of renovations has not been completed, the board has requested the property be demolished. I am writing to appeal the board's decision and ask that my current hardships be taken into consideration. As mentioned in a previously written letter, I am 70 years of age and have been caring for my disabled 48 year-old son and my grandson, who's mother- and only active parent, passed away several years ago. Thus, my finances are currently strained due to my responsibilities as sole caretaker of my family. After reviewing the list of repairs, I am now aware that the board has been notified of the 62% damage done to the property's structure. Although other areas of the property need repairs, the structural renovations are the most costly. Therefore, to comply with the board's renovation requests, i have been awaiting monetary compensation from the refinery that has beea deemed liable for those damages done to my prope~. Please reconsider your decision based on the above-mentioned hardships. If this appeal is approved, every possible resource will be utilized to return the sub-standard property' to the conditions set forth by the City's Housing Development. Thank you for your consideration. ~q.!~er ely, Oliver L. I~rrett, Sr. ' v Send all correspondance to: Or call: 1719 Kriswood Dr. Houston, TX 77014 (281) 875-6117 Stateof L~,;i , c~;~, { County of i Sworn to and subscribed before me this _~ day of ~ ~t3KO ~ , ~ ~ by ~ I~ ,~- ~, '~%~ ~ ~. who i~personally ~o~ t~ me. ~ame of A~ant) Notary's Signature Exhibit 10 [SEAL] MY COMUlS$1OFi t CC 865374 BUILDINGS; CONSTRUCTION; PREMISES, ETC. §13.28 Christi by such proceedings and penalties as are provided for criminal actions. (Supp. 1966, § 11-19; Ord. No. 9811, § 1, 6.24-70; Ord. No. 13546, § 1(E), 1-5-77) Sec. 13-27. Hardships. Where the literal application of the requirements of this code would cause undue hardship, exception may be granted by the board at the hearing held. Such exception shall be made in writing and only when it is clearly evident that reasonable safety and sanitation is assured, and such exception shall be conditioned in such manner as to achieve that end. Such conditions may include restrictions not generally specified by this code. Exceptions granted in accordance with this subsection may be subject to review by the city council. (1966 Supp., § 11-20; Ord. No. 9811, § 1, 6-24-70; Ord. No. 13546, § 1(F), 1-5.77) Sec. 13-28. Appeals. (a) Whenever it is claimed that the decision of the building standards board is erroneous, or that the decision of the board would cause undue hardship, the owner or occupant, or his duly authorized agent, may appeal from the decision of the board to the city council. The decision of the board is final unless notice of appeal to the city council is given. Notice of appeal from the decision of the board ,shall be in writing and filed with the city secretary within fifteen (15) days after the date of written decision rendered by the board. The appeal shall state specifically the error alleged to have been committed by the board. (b) When an appeal is pending, all orders of the board shall be suspended in their operation. The city council, on appeal, may vary the application of any provision of this code to any particular case when the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this code or public interest or when, in its opinion, the decision of the board should be modified or reversed. (1) A decision of the city council to vary the application of any provision of this code or to modify an order of Supp. Na 2 1157 § 13-28 CORPUS CHRISTI CODE the board in whole or in part shall specify in what manner such modification is made, the conditions upon which it is made and the reasons therefor. (2) If the decision of the city council reverses or modifies the refusal, order, or disallowance of the board or varies the application of any provision of this code, the official shall immediately take action in accord- ance with such decision. (c) The decision of the city council shall be final unless the aggrieved party appeals by instituting suit for that purpose in any court having jurisdiction within fifteen (15) days from the date on which the decision of the city council was rendered. (1966 Supp., § 11-20A; Ord. No. 9811, § 1, 6-24.70; Ord. No. 13546, § 1(G), 1.5-77) Sec. 13-29. Penalty. Any person who shall willfully refuse or fail to leave a building which has been ordered vacated under the terms of this article or who shallenter a building which has been ordered vacated under the terms of this article or who shall enter an area around such building that has been declared to be dangerous and notice of which declaration shall have been posted or any person who shall interfere with or hinder the vacation, repair or demolition of any building under the terms. of this article or who shall procure the violation of any provision of this article shall be deemed guilty of a misdemeanor and upon conviction shall be fined as provided in section 1.6, and each day's violation shall constitute a separate and distinct offense. In case the owner or occupant of any substandard building ordered vacated, repaired or demolished under the terms of this article shall be a corporation and shall violate or shall procure the violation of any provision of this article, the president, vice�pres- ident, secretary or treasurer of such corporation shall be severally liable for the penalties therein provided. (1966 Supp., § 11-20(C); Ord. No. 9811, § 1., 6.24-70) Supp. Na 2 11 FA Exhibit 12 Page 1 0f 4 Page 2 of 4 Page 3 of 4 Page 4 of 4 Exhibit 13 Page 1 of 2 Page 2 of 2 16 CITY COUNCIL AGENDA MEMORANDUM DATE: July 1, 2002 AGENDA ITEM: Public hearing to consider vacating and abandoning a 5,799.80-square foot portion of a 15-foot wide alley right-of-way between Lots 4 through 6, Block 1, and Lot 3, Block 2A, Ocean View Addition. Ordinance vacating and abandoning a 5,799.80-square foot portion of a 15-foot wide alley right-of-way between Lots 4 through 6, Block 1, and Lot 3, Block 2A, Ocean View Addition; requiring owner, Christus Spohn Health System; to comply with the specified conditions and replat the property within 180 days at owner's expense; and declaring an emergency. ISSUE: Christus Spohn Health System, is requesting the closure to facilitate expansion of the existing pavilion located in Block 2A. 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 alley right-of-way. RECOMMENDATION: Staff recommends approval of the ordinance on an emergency basis. Angel R."f:scobar, P.E. ~ z Art Sosa ' Director of Engineering Services Director of Development Services Attachment: Ordinance Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OFCLOSUREAND BACKGROUND: Bass and Welsh Engineering on behalf of Chdstus Spohn Health System, is requesting the City to vacate and abandon a 5,799.80-square foot portion of a 15-foot wide alley right-of- way (ROW) between Lots 4 through 6, Block 1, and Lot 3, Block 2A, Ocean View Addition. Christus Spohn Health System, is requesting the closure to facilitate expansion of the existing pavilion in Block ZA, located immediately north of the Elizabeth Street right-of-way. Christus Spohn Health System, will be dedicating a 15-foot wide alley right-of-way (3,549.93-square feet) along the north property line of Lot 4, Block 1, with a proposed elbow at the west end of the alley right -of-way. All public and franchised utilities were contacted regarding this closure request. City Gas Department also has an existing 2-inch gas line in the alley ROW and is requiring a $2,000 fee to kill the line within the portion of the alley ROW being abandoned. Central Power and Light (CPL) has existing power poles within the alley ROW that will be relocated and will seek reimbursement for the adjustments to their facilities. The fair market value appraised by City Staff is $9,900.00 for the 2,249.87-square foot portion of vacation and abandonment of alley right-of-way. The owner has been advised of and agrees with the specified conditions of this alley closure. VICINITY MAP /1// 0/7 6"/1/V LOT 1 To ~. aedi¢,~t,,," ,~LOT 2 LOT ~ ~. LOT 3 52.30' 13.73 25.96' 94-.68 , L-= 106.17 AREA OF AI~IW TO BE CLOSED 5799.80 SQ. FT. (0.1331 AC.) ~055 ~ Hfelsh Engineering 3054 So. Alameda St. Corpus Christi, Tx. 78404 (361) 882-5521 (phone) (361) 882-1265 (fax) 15' 3'0 be dediceted for ~ew olley LOT 4 ~ LOT 5 N LOT 6 135,12' PROPOSED OCEAN AREA OF ALLEY TO BE DEDICATED 35¢9.93 SQ, FT. (O.OS15.AC.) ALLEY CLOSURE VIEW ADD'N Job No: 02_014 Scole: 1"=50' Dote: 7-02-02 Orowing No: ALYCLOS2 Plofscole: 1 = 1 Sheet I of 1 AN ORDINANCE ABANDONING AND VACATING A 5,799.80 SQUARE FOOT PORTION OF A 15 FOOT WIDE ALLEY RIGHT-OF-WAY BETWEEN LOTS 4 THROUGH 6, BLOCK 1, AND LOT 3 BLOCK 2A, OCEAN VIEW ADDITION, REQUIRING THE OWNER, CHRISTUS SPOHN HEALTH SYSTEM, 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 5,799.80 square foot portion of alley right-of-way between Lots 4 through 6, Block 1, and Lot 3, Block 2A, Ocean View Addition, as recorded in Volume 1, Page 11, and Volume 58, Page 19, Map Records Nueces County, Texas, that the owner, Christus Spohn Health System, (Owner), wishes to have abandoned and vacated; and WHEREAS, a public hearing was held on Tuesday, July 9, 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 right-of-way 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 5,799.80 square foot portion of alley right-of-way between Lots 4 through 6, Block 1, and Lot 3, Block 2A, Ocean View Addition, as recorded in Volume 1, Page 11, and Volume 58, page 19, Map Recods Nueces County, Texas is abandoned and vacated for public use as an alley fight-of-way, 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 $9,900.00 for the proposed 2,249.87 square foot portion of alley right-of-way to be vacated and abandoned at Owners' expense. Owner will be dedicating a 15 foot wide alley right-of-way (3,549.93 square feet) along the north property line of Lot 4, Block 1, with an elbow at the west of the alley right-of- way. The City Gas Department is requiring a $2,000.00 fee to abandon an existing 2 inch gas line within the alley right-of-way at Owner's expense. Central Power and Light has three existing power poles within the alley fight-of-way that will be relocated and will seek reimbursement for the adjustment of those power poles. \\CITYHALL02\USERS\LEG-DIR\JOSEPI~WORD\ORD-OceanVuA lley.doc 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 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 9th day of July, 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 By://~^A.~ Joseph I~amey ' Assistant City Attorney ,2002 \\C ITYHA LL02\USERS\LEG-DIR\ JOSEPI~WORD\ORD-OceanVuAlley.doc 17 CITY COUNCIL MEMORANDUM July 9, 2002 AGENDAITEMS: (A) Public Hearing on Proposed FY 2002-03 Operating Budget (B) Special Budget Discussion - Proposed FY2002-03 Operating Budget ISSUES: (A) The Texas Local Government Code requires that a municipality hold a public hearing on the proposed operating budget prior to adoption. Section 102.006 (a) of the Texas Local Government Code reads as follows: The governing body of a municipality shall hold a public headng on the proposed budget. Any taxpayer of the municipality may attend and may participate in the hearing. (B) The City Council has received four Staff presentations on the Proposed FY 2002-03 Operating Budget. After considering public comment, the Council may continue its budget deliberations. REQUIRED COUNCIL ACTION: The City Council will receive public comment and may take the opportunity to consider revisions, then direct Staff to compile adjustments for budget adoption on 1st and 2nd Readings on July 16th and 23r~ respectively. Mar[~ L. M~l~aniel Director of Management and Budget 18 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Briefing on the Marina Operations and Development Ad Hoc Committee STAFF PRESENTER(S): Name '1. George K. Noe TltlelPosition Deputy City Manager Department City of Corpus Christi OUTSIDE PRESENTER(S): Name 1. Scott Elliff ISSUE: Issue: Title/Position Facilitator, Organization Capstone Solutions Council appointed the Marina Operations and Development Ad Hoc Committee to provide input to staff in the negotiation of a Memorandum of Understanding with Landry's on the redevelopment of the Marina. The Committee has completed its list of recommendations that will be presented to Council. REQUIRED COUNCIL ACTION: No Council action is required. The presentation is for Council information only. ~o~ DelSuty City Meanager Additional Background X Exhibits [], RECOMMENDATIONS OF THE MARINA OPERATIONS AND DEVELOPMENT AD HOC COMMITTEE July 1, 2002 The Marina Operations and Development Ad Hoc Committee met in four facilitated meetings in June and July, 2002, for the purpose of developing recommendations for City of Corpus Christi staff to use in negotiating a memorandum of understanding with Landry's for the operation and development of the marina. Meetings were attended by the Mayor and City staff. The meetings were open to the public, although discussion was limited to members of the ad hoc committee. To accomplish the charge set forth by the Mayor, the process used to develop the recommendations was as follows: 1. Establish ground rules and group norms for the committee 2. Hear presentations from City staff on the proposed development, and request additional information, as needed, from staff 3. Identify critical issue areas for which recommendations should be developed 4. Survey committee members for individual recommendations in each area 5. Work in small groups to identify themes indicating potential consensus in the survey responses 6. Discuss and agree on recommendations representing consensus of committee members Consensus has been defined as "an opinion or position reached by a group as a whole; general agreement or accord''~, or "agreement; accord; consent.''2 With a group representing diverse and often conflicting interests or opinions, reaching consensus can be a challenge. The recommendations of the committee represent areas of common thinking and agreement they were able to reach given the limited time in which they had to work. Some committee members asked that this final report clearly state that the recommendations should not be construed as "consensus" support of the proposal itself, as some members did not support the Landry's proposal to start with. During the final meeting, some committee members expressed a strong interest in continuing to meet as an ad hoc committee, with the expectation that the negotiated memorandum of understanding would be brought back to the committee for feedback. Others understood the task of the committee to be completed with the development of the list of recommendations. Finally, some committee members recommended that there be some public and symbolic means of recognizing and publicizing the committee's work and recommendations. 1 The American Heritage® Dictionary of the English Language, Foudh Edition, © 2000 by Houghton Mifflin Company. 2 , Websters Revised Unabridged Dictionary, © 1996, 1998 MICRA, Inc. Recommendations of the Marina Operations and Development Ad Hoc Committee 2 In the best interest of the City of Corpus Christi and its citizens, we recommend... Tax Abatements, Rebates, and Concessions Consider, only if necessary, to the extent they relate directly to marina operations or infrastructure improvements that would eventually revert back to the City Local Participation in Construction · Encourage use of local contractors in construction of the project Parking · Designated 'l:ree" parking should be allocated for marina tenants on the landmass · Off-site overflow parking be designated and available · Parking for general public should be free Transportation · Landry's should provide transportation downtown · RTA should provide public transit and water taxi service to more remote areas · Traffic lights should be synchronized in the area Connectivity to Other Developments A comprehensive plan for connecting the landmasses with other downtown developments and sites of interest should be developed and implemented Support Facilities Landry's should honor the marina improvements lists that have already been submitted / developed Amusements · Should be classy, family-oriented, and dissimilar to Buccaneer Days Dredging Landry's should be responsible for dredging to some established standard (10-12 feet?) and maintain that level for the life of the lease Funds available for dredging through grants or other sources should continue to be sought by the City. Landry's should otherwise fund all marina dredging. Tenant Dispute Resolution · Process should be designed include some sort of mediation process and make courts a "last resort" · Current leases should be honored · Commercial tenants and slip leases are different, and could be treated differently Recommendations of the Marina Operations and Development Ad Hoc Committee 3 Slip Fees Landry's should maintain the commitment they have already made publicly to hold rate increases to cost of living index Fair Market Value · Appraisal of entire property by qualified independent appraiser · Establish and expected percentage desired return (8-10%) · Allow for periodic adjustments · Credit to Landry's for infrastructure which mainly benefits the public Marina Improvements Some obligation to complete all the items by a date certain Access During Construction Every effort should be taken to provide Marina tenants with easy and convenient access during construction Proposed Commercial Development Family-oriented establishments only Maintenance · Landry's should be responsible for maintenance of all marina facilities, including buildings, piers, and all improvements · Standards for maintenance should be clearly defined in the MOU, sufficient to maintain a "world class marina" and including replacement of facilities where and when needed for the term of the lease. · Comply with City's hurricane and disaster preparedness plan(s) Marina Atmosphere · Landry's should be required to clean trash from the entire marina area (land and water) on a continuous basis. The area of responsibility should include, at a minimum, the area referred to in the language of the request for proposals (Mann Street to the Wienerschnitzel) · There should be reasonable limits to noise levels from amusements, bands, and public address systems. Limits should include volume and time allowed. · Specify a family-use atmosphere, and include appropriate provisions for crowd control · Provide for a "quality marina" · No~ City Financing Access for Persons With Disabilities · Complywith the law Recommendations of the Marina Operations and Development Ad Hoc Committee 4 Ancillary Services · City should provide for all public services (police and fire protection) · Reserve common meeting areas for special functions on Cooper's Alley and Peoples Street · Landry's should work with boaters to provide desired services, including those detailed in the response to the RFP, such as haul-out facilities Control and Access · Cityshould maintain control · Free public access · Some access control (card control or gate control for slip renters, for example) is acceptable · Free public access and parking for trailered boats · Unlimited public access to Peoples and Cooper's Alley Construction Schedule Minimize delays ("unphased construction schedule" preferred) Careful coordination so as to minimize disruptions to operations, events, and appearance Security · At a minimum, maintain existing level of security · Better lighting--but "non-intrusive" (no "Interstate 37" lighting) · Highly visible security presence, 24/7 · Access to boat slips and piers limited to tenants only Preservation of Current Uses Preserve current uses Enhance and develop new marina-related events 19 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: CITY STAFF PRESENTER(S): Name 1. Ronald F. Massey Governor's Desalination Initiative Title Assistant City Manager DATE: July 9, 2002 Dept/Div Public Works/Util. ISSUE: After Governor Perry's announcement of the initiative, the Mayor sent a letter stating Corpus Christi's interest in desalination. City staff has met with some interested parties to discuss possible proposals that would quality under the Governor's Desalination Initiative. City staff is providing an update to Council, Ronald F. Massey ,~ Assistant City Manager '"-J Governors Desalination Initiative Presentation to Council July 9, 2002 Governor's Texas Plan for Desalination ■ "Controlling Our Destiny" ■ Announced on April 29 Governor's Desalination Plan Potential Projects: ■ Identified in the Regional Water Planning Process ■ Considered on Competitive Basis Governor's Desalination Plan Financing Proposals: ■ Public -Private -Partnerships ■Tax -Free Investment Bonds ■ Design -Build Authority ■ $2.2 Billion Available Over Next 5 Years City Response ■ Mayor's Letter to Governor - April 30 - on City Desalination Efforts ■ May 20, Meeting With Interested Parties — Discuss Governor's Initiative — Determine Level of Interest ■ Follow -Up Meeting July 1 to Discuss Sites Where We Are Today ■ City, LNRA, Turner Collie and Braden, US Filter Agree to Work Together — Develop Proposal for Desalination at Barney Davis Site ■ Maintaining Contact with Governor's Office ■ Update Council on Progress What"s Next ■ Develop Proposal ■ Identify Partners ■ Meet With Appropriate Agencies ■ Finalize Proposal Questions/Answers 20 CITY COUNCIL AGENDA MEMORANDUM July 9, 2002 AGENDA ITEM: A. Ordering a Special Election to be held on November 5, 2002, in the City of Corpus Christi on the question of whether to authorize a Corporation Governed by Section 4A of Article 5190.6, Vemon's Texas Civil Statutes to use a sales and use tax of one-eighth of one percent for projects authorized by said statute; and on the question of whether to continue the Corpus Christi Crime Control and Prevention District; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this Ordinance. B. Motion Directing Staff to develop housekeeping City Charter amendments for consideration as an amendment to the election ordinance ISSUE: The Council has expressed its desire to place a number of issues on the November 2002 General Election Ballot. These items include the renewal of the Crime Control and Prevention District tax, a new 1/8 cent Sales Tax for economic development and routine amendments to the City Charter. The "A" item takes necessary action pursuant to Council direction on June 25 to cell the election on the first two of these issues. The proposed Economic Development Sales Tax section tracks the alternative selected by City Council using a 4A tax which requires that two ballot propositions be used to consider all uses including the baseball facility. The ballot language, however, has been simplified. The text of the ordinance defines the location of the baseball facility as well as a number of other requirements. Although a specific site has been chosen as the preferred location, a large area has been used in the ordinance to ensure that the City has flexibility to be able to accomplish the project. The ordinance further lists the three areas for expenditure as a limitation on the use of the balance of the funds. This limitation would represent a contract with the voters. Finally, the sunset on the tax is set at 15 years. The text of the ordinance in this section has been reviewed by the Corpus Christi Regional Economic Development Corporation and they concur with the language. REQUIRED COUNCIL ACTION: Further Council direction on the Charter amendments is necessary in order to proceed with ordinance language. With direction, this can be brought back as an amendment to the Election Ordinance in two weeks. CONCLUSION AND RECOMMENDATION: The Election Ordinance follows Council direction on June 25 and it is recommended for adoption. Further direction is needed to draft the housekeeping Charter Amendments. Additional Supporting Material: Exhibit A Election Ordinance Exhibit B ge K. Noe Deputy City Manager List of Housekeeping Charter Amendment Issues AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 5, 2002, IN THE CITY OF CORPUS CHRISTI ON THE QUESTION OF WHETHER TO AUTHORIZE A CORPORATION GOVERNED BY SECTION 4A OF ARTICLE 5t90.6, VERNON'S TEXAS CIVIL STATUTES TO USE A SALES AND USE TAX OF ONE-EIGHTH OF ONE PERCENT FOR PROJECTS AUTHORIZED BY SAID STATUTE; AND ON THE QUESTION OF WHETHER TO CONTINUE THE CORPUS CHRISTI CRIME CONTROL AND PREVENTION DISTRICT; PROVIDING FOR PROCEDURES FOR HOLDING SUCH ELECTION; PROVIDING FOR NOTICE OF ELECTION AND PUBLICATION THEREOF; PROVIDING FOR ESTABLISHMENT OF BRANCH EARLY POLLING PLACES; DESIGNATING POLLING PLACE LOCATIONS; AUTHORIZING A JOINT ELECTION WITH NUECES COUNTY; AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE. WHEREAS, the City Council finds that the citizens of Corpus Christi should have the opportunity to approve the increase of a sales and use tax by one-eighth of one percent for projects authorized by statutes and the continuation of the Corpus Christi Crime Control and Prevention District; WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes, has empowered local communities with the means of improving the economic health and prosperity of their citizens and the City Council finds that the projects to be presented to the voters, as specified in Prepositions 1, lA and 2 of Section 7 below, are each authorized by Section 4A of Article 5190.6; and WHEREAS, the Corpus Chdsti City Council and the Board of Directors of the Crime Control & Prevention Distdct concur that the Cdme Control and Prevention District should be continued for five years and the crime control and prevention district sales tax be continued for five years; WHEREAS, it is provided in Section 3.004 of the Texas Election Code that the governing body shall order elections pertaining to municipal affairs, give notice and appoint election officers to hold the election; and WHEREAS, Nueces County will also be conducting an election on November 5, 2002. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A Special City election (hereinafter the "Election") shall be held in the City of Corpus Christi, Texas on November 5, 2002, for the purpose of submitting to the voters of the City ballot propositions: 1) on the question of whether to authorize a corporation governed by Section 4A of Article 5190.6, Vemon's Texas Civil Statutes, to use a sales and use tax of one-eighth of one pement for projects authorized by said statute; and 2) on the question of whether to continue the Corpus Christi Crime Control and Prevention District. SECTION 2. At the Election all the qualified voters of the City of Corpus Christi shall be permitted to vote. SECTION 3. Precinct ballot counters shall be employed at the election in accordance with the Texas Election Code and the Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi, as set forth on Attachment A hereto incorporated by reference and made part of this ordinance (said Attachment A to be approved and attached when the polling places in the regularly prescribed precincts are finally determined by Nueces County). The Election shall be held in accordance with the election laws of the State of Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m. on the day of the Election. Testing of the precinct ballot counting equipment shall be conducted as prescribed by the Secretary of State's directive "Alternative Method of Testing Precinct Ballot Equipment." SECTION 4. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law in accordance with the joint election agreement to be entered into with Nueces County. The City Secretary is authorized to do all things necessary to administer the election on continuation of the Corpus Christi Crime Control and Prevention Distdct in accordance with authorization by the District in its order calling the election. He is directed to request consideration by the' U.S. Department of Justice of the submission of any change herein which required preclearance, and to provide such demographic data and information as required by law. SECTION 5. Paper ballots and precinct ballot counters shall be used for the conduct of the Election on election day and for early voting. Early voting in person at each of the temporary branch polling places shall be conducted as follows: Such early voting in person may be conducted at the main early voting polling place located in the first floor lobby of the Nueces County Courthouse, 901 Leopard, and at the temporary branch polling places set forth in Attachment B, incorporated by reference and made a part of this ordinance (said Attachment B to be approved and attached when the temporary branch polling places are determined by Nueces County) hereby established as follows: In addition, eady voting in person may be conducted at the mobile temporarily branch polling places set forth in Attachment C, incorporated by reference and made a part of this ordinance, during the days and hours specified therein (said Attachment C to be approved and attached when the mobile temporary branch polling places are determined by Nueces County). The City Secretary is authorized in the event of an emergency, preventing any of the designated polling places from being utilized, to provide for suitable replacement locations. Each branch polling place and the main eady polling place shall serve all election precincts. SECTION 6. The City Secretary is directed to post and publish such election notices as are required by the Election Laws of the State of Texas. The City Secretary is further appointed as the authority and officer responsible for the conduct of said election and is hereby authorized and directed to make all necessary arrangements for the holding of said election in accordance with and subject to the laws of this State including not limited to coordinating the election process, including use of tabulation equipment, supplies and pdnting of ballots, in accordance with the joint election agreement to be executed with Nueces County. SECTION 7. At the Election, the voters shall be presented with the following propositions (in English and Spanish) in the form prescribed by the Texas Election Code: PROPOSITION NO. 1 NEW AND EXPANDED BUSINESS ENTERPRISES FOR AGAINST The adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years. Proposition No. lA Baseball Stadium FOR AGAINST If Proposition No. 1 above is approved, authorizing the use of a portion of the sales and use tax for the construction, operation and maintenance of a minor league baseball stadium. PROPOSITION NO. 2 CONTINUATION OF CRIME CONTROL DISTRICT FOR AGAINST Whether the Corpus Christi Crime Control and Prevention District should be continued for five years and the crime control and prevention distdct sales tax should be continued for five years. SECTION 8. This section is intended to create a contract with the voters with regard to the propositions in Section 7. Under Preposition No.1, funds approved for the promotion and development of new and expanded business enterprises will be used only for the following Projects and no others: a) Education/Skills Development. These funds will be used to make grants to companies and organizations to provide training, retraining and education to insure the knowledge and skills required for the jobs of the future are in place. b) Business Development/Incubation. These funds will be used to develop programs and facilities that assist small and start-up companies that have the ability to produce jobs for the future. c) Jobs. These funds will be used to assist companies in the creation of meaningful, wealth producing jobs (jobs that bring in dollars from outside the community) in Corpus Christi. Funds would be available to both existing and new companies. Provided that, if Proposition No. lA is adopted, these funds could be used for the construction, operation and maintenance of a Baseball Stadium in the Arena/Convention Center/Port Area of Corpus Christi area (hereinafter the "Area"). In such event, construction of the stadium shall not be commenced unless a binding contract is first entered into with an entity that: a) owns a minor league baseball team affiliated with a major league baseball team, b) has the right to locate such team in the Area, and c) is obligated under the contract to lease the new stadium and locate the team in the new stadium. In Proposition No. IA, the term "Arena/Convention Center/Port of Corpus Christi area" shall mean the area bounded by the Corpus Christi Ship Channel, Corpus Christi Bay, Interestate Highway 37, and Nueces Bay Boulevard. The one-eighth of one pement sales and use tax proposed in Proposition No. 1, if authorized by the voters, shall be in addition to, and shall be administered by the existing Section 4A board of directors separately from, the existing one-eighth pement sales and use tax for an arena and the existing one-eighth sales and use tax for the seawall approved by the voters on November 7, 2000. SECTION 9. The election is expected to be conducted in accordance with an agreement between Nueces County and the City of Corpus Christi to hold a joint election on November 5, 2002, (which shall be approved and attached hereto as Attachment D and incorporated herein). The City Secretary is authorized to approve all lawfully changes and additions to the procedures provided herein in order to implement such agreement, including but not limited to provisions for substations and mobile voting sites. SECTION 10. By approving and signing this ordinance, the Mayor officially confirms and orders as his actions all matters recited in this ordinance which by law come within his jurisdiction. SECTION 11. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance or the ballot herein shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, work, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full fome and effect of its purpose. ATTEST: City Secretary Mayor The City of Corpus Christi James R. Bray, City Attorney Approved this '~ day of "~-~ ("7' ,2002 That the foregoing ordinance was read for the first time and passed to its second reading on this the __ day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly ., 2002, by the following vote: Rex Kinnison John Longoda Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly PASSED AND APPROVED this the ATTEST: ,2002 by the following vote: Rex Kinnison John Longoria Jesse Noyola Mark Scott day of ,2002. Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor, The City of Corpus Christi LIST OF POSSIBLE HOUSEKEEPING CHARTER AMENDMENTS FOR CONSIDERATION BY THE CITY COUNCIL Initiative and Referendum Practical experience has indicated the need for procedural clarifications to avoid uncertainty, including: 1. The provision for filing supplementary petitions simply cross-references the recall provisions. This causes some ambiguity which should be corrected by specifying the process for supplementation in the I&R provision itself. 2. The time to request the city council to reconsider an adopted ordinance in connection with a referendum petition should be specified. Election Dates Article Il, Section l(b) provides that the council election will be held on the first Saturday in April, unless the council six months in advance designates an alternative Saturday in April or the next available uniform date. This implements a special state law provision which was passed for Corpus Christi in 1987 when the spring uniform date was changed to the first Saturday in May, to avoid conflict with Buccaneer Days. Frequently, proposals have been made in the legislature to change the spring date to a date which would not conflict with Buc Days. If this were to occur there would be no need for the special date for Corpus. The charter should provide authority for the council to set a date in that event. Runoff Elections Article 11, Section 3(a) provides that the city council runoff election will be the second Saturday following a council election. This is an exceedingly short time for the city secretary to conduct the runoff; and allows hardly any time for early voting In general under the Election Code, runoffs are held 20 to 30 days after the canvass The city secretary would like additional time. Clerical Corrections - Term Limits. Article II, Section l(d) contains language that it takes effect April 1993 and terms of office served prior to that date shall not count toward the limitation. This provision has now expired and should be deleted. -Several statutory references need to be updated as the state law references have changed. [IX(3)(a); X(1)(a); X(l)(a)(12) Mayor's Veto Section 6(a) says that the mayor's veto and objections shall be returned before the next regular meeting of the council. Since the council is now required by the charter twice monthly, and generally does not meet the first Tuesday, or for a period immediately after budget completion and during Christmas, this provision should be amended to require that the veto be filed within seven days of the council action CharterAmendsHousekeeping.wpd Clarify the Effect on Voting Requirement of Council Member being Disqualified Several provisions [Art. II, Sec. 14(c) - ordinances and resolutions; Art. II, Sec. II, Sec. 1 l(b) removal] refer to action by a majority of"all council members holding office?' This does not specifically address thc situation in which a member or members are disqualified from voting duc to a conflict of'interest. Following state court cases, we have construed this situation to treat disqualified member as not holding office. This should be explicitly clarified. Filling Mayor's Office in Event of Resignation or Other Cause Article II, Section 12(a) provides that if the office of mayor becomes vacant, the at-large member who received the most votes in the last election becomes mayor unless there is more than one year umil the next regular council election. State law passed in 2001 prohibits an election for an office for which a majority vote is required except in May or November. In view of this it may be desirable to amend the charter to provide for an election only where the election could be held on a date permitted by state law that would allow the new mayor to serve at least one year before the next regular council election. Date of Recall Election Article Il, Section 21, requires the council to order a recall election "within not less than thirty, nor more than sixty days from certification." The Texas Election Code now requires that such an election be on a uniform date. The provision should be amended to require the council to order an election "at the next available election date under Texas law." Time for Effectuating Lease or Franchise Article IX, Section 3 provides that a lease or franchise of more than one year must be read at two regular meetings of the council at least twenty-eight days apart, and that the lease cannot be effective before 60 days after second reading during which a petition may be filed under state law requiring an election. This is unduly burdensome for many routine leases. Routine leases would be facilitated if the restriction applied only to leases exceeding five years. Termination of Leases Article IX, Section 6(a) provides for leases to be terminated for cause by ordinance after notice and hearing. This is an unnecessary and cumbersome process for contractual administration; it should he eliminated The process for termination should be spelled out in each individual lease according to the circumstances. Procurement Process Article X, Section 2(c) addresses competitive bids and proposals. It does not expressly mention new processes authorized by State law such as electronic bids and design/build Although we believe the charter authorizes all procurement methods allowed by State law, the charter section should be amended to make this explicit. CharterAmendsHousekeeping.wpd 21 CITY COUNCIL AGENDA MEMORANDUM City Council Meeting - July 9, 2002 AGENDA ITEM: A. Motion amending Section 12-2 of the Code of Ordinances, City of Corpus Christi, as passed on first reading on May 28, 2002, by substitution; B. Ordinance amending Section 12-2 of the Code of Ordinances, City of Corpus Christi, regarding placing obstructions in Corpus Christi Bay; providing for penalties; providing for severance; and providing for publication. ISSUES: Section 12-2, Placing Obstructions in Corpus Christi Bay, currently specifies that placement of any obstruction of any character whatsoever within the waters of Corpus Christi Bay must be approved by the City Council. The ordinance does not recognize that under certain circumstances another organization or party might more appropriately approve such installations. For example, the Marina Superintendent could more appropriately approve certain structures such as pilings, poles and stakes, and certain circumstances, such as repair or replacement of existing wharves and piers within the Corpus Christi Marina. The proposed changes to the ordinance provide that the City Council would approve new wharves or piers within the Marina. The Marina Superintendent would approve all other installations within the Marina and the Petroleum Superintendent would approve any installations related to an oil or gas facility. The City Manager or his designee would approve all other installations. The proposed ordinance further stipulates that the approving party must ensure that all appropriate permits or authorizations are provided, and that the applicant provide plans and get a building permit in order to install any of these described obstructions. REQUIRED COUNCIL ACTION: City Council must approve any changes to ordinances. RECOMMENDATION: Staff recommends approval as presented. Daniel L, Whitworth, Director Park and Recreation Department ADDITIONAL SUPPORT MATERIAL Background Information Ordinance X X AGENDA MEMORANDUM BACKGROUND INFORMATION Section 12-2 of the Code of Ordinances currently states that installation of any obstructions in the City's Bay must be approved by City Council. It does not provide that anyone else is capable of giving that authorization, nor does it require anyone to ensure that all permits or authorizations are in place prior to installation. Consequently, an organization wishing to install an obstruction in the Corpus Christi Bay need only apply for permission to the City Council, regardless of whether or not the project was appropriate. On May 28, 2002, a proposed amendment to Section 12-2 was presented to the City Council for approval. Within that amendment, the ordinance was changed to allow the City's Marina Superintendent to authorize all installations within the Corpus Chdsti Marina. The Petroleum Superintendent was designated as the authorizing party for installations involving oil or gas facilities, and the City Manager or the City Manager's designee would approve all other installations. The ordinance as presented made no provisions for circumstances where City Council might be the authorizing party. City Council at that time requested that staff revise the amended ordinance to designate City Council as the authorizing entity for new wharves or piers within the Corpus Christi Marina. The attached ordinance reflects that change. Additionally, as previously presented, the revised ordinance incorporates requirements that the authorizing official ascertain whether or not applicants have obtained all of their required permits or authorizations pdor to approval. The applicant must also submit plans and obtain a building permit from the Building Official as per Sections 13-1 and 13-2 of the Code of Ordinances prior to installation. The proposed revision further allows applicants the ability to appeal in the event their submissions are denied approval. AN ORDINANCE AMENDING SECTION12-2OFTHECODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING PLACING OBSTRUCTIONS IN CORPUS CHRISTI BAY; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE;AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 12-2, Code of Ordinances, is revised to read as follows: "Sec. 12-2. Placing obstructions in Corpus Christi Bay. "(a) It shall be unlawful for any person to place or cause or permit to be placed; any post, stake, wharf, pier or piling or any obstruction of any character whatsoever in the waters of Corpus Christi Bay within the city; without first having obtained permission from one of the following officials: "(1) City Council in the case of the installation of a new wharf or pier within the Corpus Chdsti Marina. "(2)__Marina SuDerintendent in the case bf the installation of any post. stake, ............ or pilin.q or any obstruction or the repair or replacement of a wharf or pier within the Corpus Chdsti Marina. ,-, ,3)Petroleum Superintendent in the case of the installation of any post, stake, wharf, pier or pilinq or any obstruction that is related to an oil or .q=? facility. "(3) (4___)_) City Mana,qer, or the City Mana.qer's designee, in all other cases. "(b) Before qrant nq permission, the official shall determine whether the applicant ha~ obtained any required permits or authorizations for the installation from the Texa~ General Land Office, U. S. Army Corps of En.q neers, and U. S. Coast Guard. "(c) In addition, the applicant must submit plans and obtain a buildinq permit for thn installation of any post, stake, wharf, pier or pilinq or any obstruction from the Bud nq Official under Sections 13-1 and 13-2 of this Code. "(d) An applicant may appeal the denial of permission by an official listed in subsection (a)¢2). (3) or (4) of this section to install any post, stake, wharf, pier or pi n.q or any obstruction in Corpus Christi Bay to the City Council-themfe~." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the R22705A3 2 definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1-6 of the City Code of Ordinances. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. R22705A3 22 AGENDA MEMORANDUM July 9, 2002 SUBJECT: Corpus Christi International Airport Terminal Construction AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $7,100,922.74 with Berry Contracting, LP (dba Bay Ltd.) for the Corpus Christi International Airport Roadway and Parking Lot Improvements, Phase 1 (1019). ISSUES: Award of a construction contract is necessary to proceed with the project. FUNDING: Funding is available in the Airport and Water Capital Projects Funds. RECOMMENDATION: Approval of the motions as presented. Dave Hamrick Director of Av~?n Eduardo Ga'~'~; P.~., Water Superintendent Escobar, P. E. Director of Engineering Services ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B. Site Map Exhibit C. Project Budget Exhibit D. Bid Tabulation H:\HOME\KEVINS\GEN~AIR\981MPRVN\Iandside\ construction award memo,doc BACKGROUNDINFORMATION PROJECT DESCRIPTION: The project consists of the construction of a loop road and access roads, a reconstructed and enlarged parking lot, employee and rant car lots, underground electrical, storm sewer and water utility lines, roadway and araa lighting, additional pedestrian canopy, secudty and inspection stations, toll plaza and facilities, and landscaping. Future phases will include a raconstructed entrance road, drainage and other improvements as funding becomes available. ADDITIONAL INFORMATION: The project was originally envisioned to include the entrance road, loop roadway, service roads, additional parking, improved lighting, and landscaping. Dudng the design phase, events and available funding dictated that the scope be modified. The odginal design scope envisioned an urban entrance roadway with curb and gutter. Funding was not deemed adequate to accommodate an underground storm drainage system. Drainage was to be discharged into modified ditches along the roadway. The magnitude of raquirad drainage improvements further increased when development of the area west of the entrance road was considerad. The events of September 11 and subsequeht changes in security regulations required the modification of the plans to allow the utilization of short-term parking and the rental car parking lots. Although the modifications added to the expense of the project, they were essential to providing the public with the convenience of nearby short term and rental car parking. The importance of maximizing customer convenience continued to be a central to the design process. An important component of customer convenience was the need to provide shade and weather protection for pedestrians. This resulted in the construction of additional canopies as part of the terminal project. The project included additional pedestrian canopies bid as thrae additive alternates. Council was informed that the project would be phased to ensura the vital elements of the project could be constructed with available funds. PRIOR COUNCIL ACTION: The Council has had extensive involvement in this important project. The most significant actions ara attached. See Exhibit B. FUTURE COUNCIL ACTION: Council will be requested to act on the following items: Page 1 of 2 H:\HOME\KEVINS\GEN~AIR\981M PRVN~landside\^consturctionawd.bkg.doc · Award of a contract for engineering inspection, laboratory and materials testing services; and · Award of a construction contract for a new wastewater lift station. BID FORMAT: The contract was bid as a base bid and three (3) additive altemates. The method of award specified the award would the base bid and as many additive alternates as permitted by funding. The additive alternates and order of award are: 1. Canopy extension covering short term pedestrian walkway parallel to roadway; 2. Canopy extension across short term parking lot; and 3. Additional canopy extension across short term parking lot. BID RESULTS: Bids were opened Wednesday, June 11,2000. Bids were received from two (2) bidders. The project was bid as a base bid with three additive alternates. The engineer's construction estimate was $6,721,294. The base bids were $6,541,301.99 and $7,085,644.52. Bids with additive alternates totaled $7,556,919.70 and $8,083,644.52 See Bid Tab- Exhibit E. CONSTRUCTION SCHEDULE: The contract provides 365 calendar days to complete the project after notice to proceed. The current 'award schedule is structured to have the work in front of the terminal building completed during October of 2002. RECOMMENDATION: Award of the Base Bid and Additive Alternate No. I is recommended based on the availability of funds. Approval of the motion as presented. H:~HOM E~KEVINS\GEN~AIR\981MPRVN\Iandside\^constu rctionawd,bkg.doc Page 2 of 2 ~ Son Potricio County NOT TO S~LE . N ~~ AIRPORT ~RMINAL SZTE ~YOUT C~ PR~ECT No. 101~ NOT TO SCALE EXHZB~T "B" ~RPUS CHRJSTJ JNTER~TJONAL AZRPORT ~ ~UNCZL EXHZBZT RO~WAY ~O P~K~NG LOT Z~PROVE~ENTS o~ or ~ s~c~s PHASE 1 PAGe: I o~ 1 CI~ OF CORPUS CHRISTI, TE~S DATE: 07-09-2002 Corpus Christi International Airport Roadway and Parking Lot Improvements Preliminary Project Budget July 1, 2002 PRELIMINARY ACTUAL BUDGET BUDGET Project No. 1019 Airport Capital Improvement Funds 7,690,370 Water Capital Improvement Funds 467,585 Total 8,157,955 FU IR ' Construction 7,100,923 Construction Contingencies (5%) 355,050 Design Consultant (Arch./Engineer) 577,283 Engineering Reimbursements 7,500 Testing (Geotech & Quality Control) 54,200 Survey 14,000 Inspection 45,000 Miscellaneous Expenses (Printing, Advertising, Express, etc.) 4,000 T°tal I 8'157'9551 I H:\HOME\KEVINS\GEN~AIR\981M PRVN\LANDSIDEV'CONSTBU.EXD Page 1 of 1 Corpus Christi International Airport Berry Contracting, LP Roadway and Parking Lot Improvements Project No. 1019 DBA Bay, Ltd. Haas-Anderson Construction, Ltd. GENERAL I 0 GE 01 IM~oilizafion / Demo~liz~fion PAVING & GRADING STORM SEWER $2,175.0~ $2,1750( Corpus Christi International Airport Roadway and Parking Lot Improvements Project No. 1019 WASTEWATER Berry Contracting, LP DBA Bay, Ltd. WATER ELECTRICAL - POWER DISTRIBUTION ELECTRICAL - PARKING LOT & ROADWAY LIGHTING $82,903.52 $113,639.04 $113,639.04 $112,950.0( ELECTRICAL - PARKING LOT ACCESS CONTROL BUILDINGS TOTAL - PHASE ONE: Corpus Christi International Airport Roadway and Parking Lot lmprovemetds Berry Contracting, LP Project No. 1019 DBA Bay, Ltd. I wrr Iqv~xY wrrrmcE I PHASE TWO PAVING& GRADING STORM SEWER WATER LF 690 LF 75 LF 836 LF 1,632 EA 25 LF 130 Exhibit D Corpus Christi International Airport Project No. 1019 Roadway and Parking Lot Improvements rrzM ] DZSCr~'~ON ] ~rr ] qUA~T~ Berry Contracting, LP DBA Bay, Ltd. Haas-Anderson Construction, Ltd, LANDSCAPING ELECTRICAL - PARKING LOT & ROADWAY LIGHTING ELECTRICAL - PARKING LOT ACCESS CONTROL BUILDING I r~ I ~ I [ $61,53087[ $61,530.87] I $8t'4~0'001 $$1400'001 I ll i' TOTAL - PHASE TWO: PHASE THREE STORM SEWER F]urae $12.5( $5,120.00 $50.00 S57.00 $12,88200 WASTEWATER 13ww.oqXdj~tM~hol''~oFi"i'hc'r~ I ~^ I I I I $7o9 4ZI s7o~n3l I $~,o6oooI $a,o~ coI WATER Project No. 1019 rr~M I Corpus Christi InternatlonalAirport Roadway and Parking Lot lmprovement~ ~crJrno~ TOTAL. PHASE THREE: Betty Contracting, LP DBA Bay, Ltd. Haas-Anderson Construction, Ltd. I $~°4'?s9'?11 [ S46%zso.o~] PHASE FOUR PAVING & GRADING STORM SEWER $875 G0 $2,62500 WATER LF 147 $4257 $6,25779 $1875 $2,75625 ELECIRICAL - PARKING LOT LIGllTING ELECTRICAL - PARKING LOT ACCESS CONTROL Corpus Christi International Airport Roadway and Parking Lot Improvements Project No. 1019 rrEM [ DESClte'flO~ [ ~rr TOTAL - PHASE FOUR: Berry Contracting, LP ] DBA Bay, Ltd. I $791'9° '6s1 PHASE FIVE I $76Z'605'S01 PAVING & GRADING WASTEWATER I5'WW'°ll^d~u~tM~h°i~t°Fi"i~h°']id~ I EA ] 2 [ [ WATER TOTAL - PHASE FIVE WATER: LANDSCAPING 2709431 $h41~ ~I S~,O~5.ooI $2,130001 $1,418.86 $2,130.00 223651 $19,747 751 218.75 $1,556.25 $175.99 $4,57574 $18800 $117.32 $93856 $125.00 $351.97 23.51970 2375 ~0 Corpus Christi International Airport Roadway and Parkln~ Lot Improvements Project No. 1019 Berry Contracting, LP Haas-Anderson DBA Bay, Ltd. Construction, Ltd. Corpus Christi International Airport Roadway andproject Parking No,L°t 1019 hnprovements ELECFRICAL - PARKING LOT LIGHTING ELECTRICAL - PARKING LOT ACCF~S & REVENUE CONTROL Berry Contracting, LP DBA Bay, Ltd. $155,414.58 TOTAL - PHASE FIVE: TOTAL BASE BID: ADDITIVE ALTERNATE NO. 2 CANOPY Corpus Christi International Airport Berry Contracting, LP ~'~ I ~on I u~,rr I~u,~'rrrv TOTAL - ADDITIVE ALTERNATE NO, 3 - CANOPY: H~as-Anderson Construction, Ltd. BID SUMMARY TOTAL BASE BID: ADDITIVE ALTERIqATE NO, 1: ADD~ ALTERIqATE NO. 2: ADD ITI~E ALTERNATE NO. 3: BASE BID & ADDITIVE ALTERNATE NO. 1: BASE BID & ADDITIYE ALTERNATE NO. 1 & 2: BASE BID& ADDITIVE ALTERNATE NO. 1, 2 & 3: r $559,620.7~ r $229,642A~ $7,$$6,909.70 I $53~°°°'°°1 I s23°'°°°'°°1 I $7,620,64432] S7,850,644.$2 $8,083,644.52 23 AGENDA MEMORANDUM July 9, 2002 SUBJECT: Corpus Christi International Airport Rental Car Lease Agreements AGENDA ITEMS: A. Ordinance authorizing the City Manager, or designee to execute five Rental Car Concession Lease agreements with Southwest Texas Leasing Co., Inc. dba Advantage Rent-A-Car, Coastal Bend Rent-A-Car, Inc., National Car Rental of Corpus Christi, Inc., Dollar Rent-A-Car Systems, Inc. and Texas South Rentals, Inc. dba Hertz Car Rental for the operation of a Car Rental Concession at the Corpus Christi International Airport in consideration of payment of the greater of a guaranteed minimum concession fee or ten percent of the Concessionaire's gross monthly revenues for a term of up to twelve months; and declaring an emergency. Ordinance author!zing the City Manager, or designee, to execute five Rental Car Concession Lease agreements with Southwest Texas Leasing Co., Inc. dba Advantage Rent-A-Car, Coastal Bend Rent-A-Car, Inc., National Car Rental of Corpus Christi, inc., Dollar Rent-A-Car Systems, Inc. and Texas South Rentals, Inc. dba Hertz Car Rental for the operation of payment of the greater of a guaranteed minimum concession fee or ten percent of the Concessionaire's gross monthly revenues for a term of sixty months. ISSUES: The current car rental concession lease agreements are on a month-to-month basis following an eighteen (18) month contract approved in October, 2000. The award of a short term lease agreement is necessary to allow concessionaires to begin the build-out of the counter and office areas in the terminal. The long term lease agreement will allow concessionaires to operate in the new terminal facility. FUNDING: The contracts will generate revenue for the airport. RECOMMENDATION: Staff recommends the award of short and long term lease agreements to Southwest Texas Leasing Co., Inc. dba Advantage Rent-A-Car, Coastal Bend Rent-A-Car, inc., Nati~ak, Car Rental of Corpus Christi, Inc., Dollar Rent-A-Car Systems, Inc. and Texas South Re~als, Inc./d~3a Hert/z2ar~,~tal. / / Dave Hamri~:k Date Director of Aviation ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B. Bid Tabulations BACKGROUND INFORMATION July 9, 2002 The Corpus Chdsti International Airport is currently in the process of improving and modifying the main terminal building that includes the complete reconstruction of the main terminal facilities. Beneficial occupancy of the new terminal is scheduled for the fall of 2002. As part of the terminal redevelopment program, new rental car concession facilities are being built on the lower level of the terminal. Due to space restrictions, the Airport can accommodate five car rental facilities. The five recommended lease agreements will grant the concessionaires the dghts to establish and operate car rental concessions for use by airport passengers on a daily basis. The purpose of the short-term lease agreements is to allow the concessionaires to complete the build-out of each of their respective office spaces pdor to the opening of the new terminal. The long-term lease agreements will take effect after the second reading which will be scheduled sixty days after the first reading. The concessionaires will be granted office space inside the terminal, automotive service facilities located on airport property and parking spaces for rental vehicles adjacent to the new terminal. In return for the lease privileges, they will be required to pay rental rates for the office space and automotive service facilities and will pay the greater of the minimum annual guarantee (mag) fees submitted in each of their bids or ten percent of the concessionaires gross revenues as defined in the lease agreements. The current car rental concession lease agreements are on a month-to-month basis following an eighteen (18) month contract approved in October 2000. Request for bids for an Airport Car Rental Concession for the new Terminal Facility were sent out on May 10, 2002. Several meetings were held prior to this date with local car rental agencies to solicit input into the bid process and the draft lease agreement. A pre-bid meeting was held on May 17, 2002 to answer any questions of the bidders. Three bid amendments were issued in which answers on clarifications to questions were given. The due date of the bid was postponed one week to June 12th, in order to give bidders the opportunity to receive the third bid amendment and review it prior to submission of their bid. Bids were received from seven car rental agencies. A committee was formed made up of the Director of Aviation, the Airport Administration & Finance Manager and the Procurement & General Services Manager. Each bid was evaluated according to the cdteda listed in the bid invitation which included completeness and adherence to the bid documents, experience and capability, bidder's status as a disadvantage business enterprise (DBE) and the minimum annual guarantee fee. None of the bidders are disadvantage business enterprises. With exception to DBE status, all bids received were from qualified agencies that submitted documentation of their ability to satisfy the criteria listed in the bid invitation. Therefore, the selection was primarily determined by the minimum annual guaranteed fees submitted. The recommended agreements are to the bidders who submitted the five highest mag's with an estimated minimum five year revenue stream of $4,784,593.47 projected for the Airport. Exhibit A Page 1 of 2 PRIOR COUNCIL ACTIONS: October 10, 2000, Ordinance #02250, Ordinance authorizing an 18- month agreement for car rental concession with a month-to-month hold over period with the following companies: Pagan-Lewis Motors dba Budget Rent-A-Car of Corpus Chdsti, Inc.; Coastal Bend Rent-A-Car, Inc. dba Avis Rent-A-Car; Mar Jean Texas, Inc. dba Hertz Car Rental; National Car Rental of Corpus Christi, Inc.; and Southwest-Tex Leasing Co., Inc. dba Advantage Rent-A- Car. FUTURE COUNCIL ACTIONS: Council will be requested to act on the following items: · Second reading of the ordinance for the 60-month lease in August 02 BOARD COMMITTEE REVIEW: The recommended lease agreements were presented to the Airport Advisory Board at their monthly meeting on June 19, 2002. The Board voted and passed the recommendations as submitted. Exhibit A Page 2 of 2 BID INVITATION NO. BI -0103-02 BUYER: MICHAEL BARRERA MINIMUM ANNUAL GUARANTEES (MAG) Texas South Rentals, Inc. dba - Hertz Car Rental Corpus Christi, Texas Dollar Rent A Car Systems, Inc Tulsa, Oklahoma Coastal Bend Rent A Car, Inc. Corpus Christi, Texas Southwest -Tex Leasing Co., Inc. dba - Advantage Rent-A-Car San Antonio, Texas National Car Rentals of Corpus Christi, Inc. Corpus Christi, Texas Pagan Lewis Motors, Inc. Corpus Christi, Texas Fuimas, Inc. dba - Thrifty Car Rental Corpus Christi, Texas CITY OF CORPUS CHRISTI PURCHASING DIVISION CAR RENTAL CONCESSION Year 1 $210,000.00 210,000.00 210,000.00 210,000.00 210,000.00 $140,000.00 170,000.00 205,000.00 225,000.00 245,000.00 $175,000.00 183,750.00 192,937.60 202,584.38 212,713.59 $157,008.00 174, 000.00 185,100.00 192, 000.00 199, 500.00 $165,000.00 170,000.00 175,000.00 180,000.00 185,000.00I $875.000.00 $847,008.00 $907,750.00 $968,037.50 $1,009,584.38 $1,052.213.59 $4,784,593A7 Grand Total $141,000.00 141,000.00 144,000.00 144,000.00 147,000.00 1 $717,000.00 $140,000.00 140,000.00 143,700.00 144,900.00 146,200.00 1 $714,800.00 EXHIBIT B Page 1 of 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE FIVE RENTAL CAR CONCESSION LEASE AGREEMENTS WITH SOUTHWEST TEXAS LEASING CO., INC. DBA ADVANTAGE RENT-A-CAR, INC., COASTAL BEND RENT-A-CAR, INC., NATIONAL CAR RENTAL OF CORPUS CHRISTI, INC., DOLLAR RENT-A-CAR SYSTEMS, INC., AND TEXAS SOUTH RENTALS, INC. DBA HERTZ CAR RENTAL FOR THE OPERATION OF A CAR RENTAL CONCESSION AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT IN CONSIDERATION OF PAYMENT OF THE GREATER OF A GUARANTEED MINIMUM CONCESSION FEE OR TEN PERCENT OF THE CONCESSIONAIRE'S GROSS MONTHLY REVENUES FOR A TERM OF UP TO TWELVE MONTHS; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute five Rental Car Concession Lease agreements with Southwest Texas Leasing Co., Inc. dba Advantage Rent-A-Car, Coastal Bend Rent-A-Car, Inc., National Car Rental of Corpus Christi, Inc., Dollar Rent-A-Car Systems, Inc., and Texas South Rentals, Inc. dba Hertz Car Rental for the operation of a Car Rental Concession at the Corpus Christi International Airport in consideration of payment of the greater of a guaranteed minimum concession fee or ten percent of the Concessionaire's gross monthly revenues for a term of up to twelve months. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiting suspension of 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 day of ,2002. Attest: The City of Corpus Christi Armando Chapa City Secretary Approved this the,:?t_day of ~t~a,~ JAMES R. BRAY, JR., CITY ATTORNEY ~o~m. P. Burke, Jr. '[J /~sistant City Attorney Samuel L. Neal, Jr. Mayor ,2002. H:\LEG-DIR\john\ORDINANCE~Airporl Rental Car Concession 12 mo.wpd AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE FIVE RENTAL CAR CONCESSION LEASE AGREEMENTS WITH SOUTHWEST TEXAS LEASING CO., INC. DBA ADVANTAGE RENT-A-CAR, INC., COASTAL BEND RENT-A-CAR, INC., NATIONAL CAR RENTAL OF CORPUS CHRISTI, INC., DOLLAR RENT-A-CAR SYSTEMS, INC., AND TEXAS SOUTH RENTALS, INC. DBA HERTZ CAR RENTAL FOR THE OPERATION OF A CAR RENTAL CONCESSION AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT IN CONSIDERATION OF PAYMENT OF THE GREATER OF A GUARANTEED MINIMUM CONCESSION FEE OR TEN PERCENT OF THE CONCESSIONAIRE'S GROSS MONTHLY REVENUES FOR A TERM OF SIXTY MONTHS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute five Rental Car Concession Lease agreements with Southwest Texas Leasing Co., Inc. dba Advantage Rent-A-Car, Coastal Bend Rent-A-Car, Inc., National Car Rental of Corpus Christi, Inc., Dollar Rent-A-Car Systems, Inc., and Texas South Rentals, Inc. dba Hertz Car Rental for the operation of a Car Rental Concession at the Corpus Christi International Airport in consideration of payment of the greater of a guaranteed minimum concession fee or ten percent of the Concessionaire's gross monthly revenues for a term of sixty months. HSLEG-DIR\john\ORD1NANCEXAirport Rental Car Concession 60 mo.wpd city of Coivus Ch fsti