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HomeMy WebLinkAboutAgenda Packet City Council - 01/13/200411:45 A.M. - Gift to the City of Corpus Christi from our Sister City Yokosuka, Japan National Weather Service Presentation to the Corpus Christi Water Department AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD JANUARY 13, 2004 9:00 A.M. PUBLIC NOTICE -THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED /N THE C/N COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 7:34 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. Yourpresentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si ud. Desea dirigirse al Concilio y cree que su ingl6s es limitado, habr6 un int6rprete ingids-espatiol en todas las juntas del Concilio para ayudade. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 387-880-3105) 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 Arthur Lane, St. Matthew Baptist 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 Mark Scott Council Members: Brent Chesney Melody Cooper Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola E. MINUTES: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa 1. Approval of Regular Meeting of December 16, 2003. (Attachment # 1) Agenda Regular Council Meeting January 13, 2004 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) z. Mechanical/Plumbing Advisory Board Transportation Advisory Committee G. EXPLANATION OF COUNCILACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote 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 in dividual 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) 3. Motion approving the purchase of a twelve passenger Ford E350 Van and a Ford Police Interceptor Crown Victoria vehicle from the Houston -Galveston Area Council of Governments (HGAC) forthe total amount of $37,974.75. The award is based on the Cooperative Purchasing Agreement with HGAC. These vehicles will be used by the Aviation Department. Funds are available in FY 2003-2004 Aviation Capital Reserve Budget Fund No. 4611. The van is an addition to the fleet and the vehicle is a replacement to the fleet. (Attachment # 3) Agenda Regular Council Meeting January 13, 2004 Page 3 4. Motion authorizing the City Manager or his designee to execute a construction contract with Western Oilfield Supply Company dba Rain for Rent, of Bakersfield, California in the amount of $74,294 for the Kinney Street Pump Station, Stand -By Pump Down System. (Attachment # 4) 5. Motion authorizing the City Manager or his designee to execute a construction contract with Jhabores Construction, of Corpus Christi, Texas in the amount of $308,648.75 for the Bear Lane Bridge Utility Adjustment. (Attachment # 5) 6. Motion authorizing the City Manager or his designee to execute a testing agreement with Fugro South, Inc., of Corpus Christi, Texas in the amount of $58,940 for the Seawall Reconstruction Project Contract B -2, Part B, Power Street Outfall to Peoples Street. (Attachment # 6) 7.a. Motion ratifying the execution of Amendment No. 2 with Engineering & Construction Management Services, Inc., of Corpus Christi, Texas for a fee not to. exceed $16,000 for a total re- stated fee of $34,400 for the Regional Transportation Authority (RTA) Bus Stop Miscellaneous Street Improvements, Phase 2A. (Attachment # 7) 7.b. Motion authorizing the City Manager or his designee to execute Amendment No. 3 with Engineering & Construction Management Services, Inc., of Corpus Christi, Texas for a fee not to exceed $5,420 for a total re- stated fee of $39,820 for the Regional Transportation Authority (RTA) Bus Stop Miscellaneous Street Improvements, Phase 2A. (Attachment # 7) 8. Motion authorizing the City Manager or his designee to execute Amendment No. 1 with Goldston Engineering, Inc., of Corpus Christi, Texas for a total fee not to exceed $111,418 for the Stage 2 Services for the Laguna Madre Wastewater Treatment Plant Aeration System Rehabilitation Project. (Attachment # 8) 9.a. Ordinance appropriating $1.5,000 from Texas A & M University - Corpus Christi into Fund No. 1071 Community Enrichment Grants Fund as a portion of the local match for the University Beach Park Access Improvements Project. (Attachment # 9) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 13, 2004 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 9.b. Resolution authorizing the City Manager or his designee to execute an Inter local Cooperation Agreement with Texas A & M University - Corpus Christi to provide a portion ($25,000) of the local match required per Texas General Land Office Contract 03- 021 which consists of in -kind services to perform beach surveys, monitor the beach, and to conduct sediment grain size analysis as part of the University Marina Beach Park Project, Phase 2 located on Ocean Drive. (Attachment # 9) 10.a. Ordinance appropriating $37,300 from unappropriated fund balance in the No. 5110 Maintenance Service Fund to provide funding for the City Hall Sixth Floor Sound Attenuation and Electrical Modifications, Phase 2 Project; and amending the FY 2003 -2004 Operating Budget adopted by Ordinance 025394 by increasing appropriations by $37,300. (Attachment # 10) 10.b. Motion authorizing the City Manager or his designee to execute a construction contract with Barcom Commercial, of Corpus Christi, Texas in the amount of $33,903 for the City Hall Sixth Floor Sound Attenuation and Electrical Modifications - Phase 2 Project. (Attachment # 10) 11. Ordinance abandoning and vacating a 852.50-square foot portion of a five -foot wide utility easement in Lot 3-A, Share 2 -A, Kaler Addition; and requiring the owner to comply with the specified conditions and replat the property within 180 days at owner's expense. (Attachment # 11) 12. Ordinance abandoning and vacating a 2.500- square foot portion of a 10 -foot wide, utility easement out of Lots 7 -11 and Lots 30- 34, Block 35, Padre Island No. 1 Subdivision; and requiring the owner, South Texas Hotels, L.L.P., to comply with the specified conditions and replat the property within 180 days at owner's expense. (Attachment # 12) 13. Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Sylvia B. Martinez in the amount of $57,000 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for relocation assistance to cover moving costs and incidental expenses in connection with a replacement dwelling, all for the purchase of fee simple property Agenda Regular Council Meeting January 13, 2004 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) rights for Parcel 7, being all of Lots 8 and 9. Block 4, H.E. Luter Partition, with street address of 2028 Marguerite, necessary for the Garcia Arts Center Area Street Improvements, Phase 2 Project. (Attachment # 13) 14. Motion authorizing the City Manager or his designee to execute Change Order No. 9 with R.S. Black Engineers & Constructors, of Corpus Christi, Texas in the amount of $40,305 for the C.N. Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade). (Attachment # 14) 15. Motion authorizing the City Manager or his designee to execute Change Order No. 54 with Fulton Coastcon, Inc., Joint Venture, of Corpus Christi, Texas in the amount of $1,250,000 for the Corpus Christi International Airport New Terminal Building to complete exterior terminal expansion to include all work associated with the final phase of the original terminal design as modified and the exterior shell of the Transportation Security Administration and Federal Inspection Station Areas. (Attachment # 15) 15. Motion approving the Street Construction Deferment Agreement between the City of Corpus Christi and Hogan Development Company, L.P. in the amount of $102,727.21 for the future street construction improvements to Cimarron Boulevard, an urban collector roadway, in accordance with the Platting Ordinance. (Attachment # 16) 17. Motion approving the Street Construction Deferment Agreement between the City of Corpus Christi and The Most Reverend Edmond Carmody, D.D., Bishop of the Diocese of Corpus Christi, a Corporate Sole, and His Successors in Office, in the amount of $23,113.51 for the future street construction improvements to Cimarron Boulevard, an urban collector roadway, in accordance with the Platting Ordinance. (Attachment # 17) Agenda Regular Council Meeting January 13, 2004 Page 6 CITY COUNCIL PRIORITY ISSUES, (Refer to legend at the end of the agenda summary) 18. Motion authorizing the City Manager or his designee to execute Amendment No. 17 to the Architectural /Engineering Services Contract with M. Arthur Gensler, Jr. and Associates, of Houston, Texas in an amount not to exceed $ 143,870 for additional construction phase services for the Corpus Christi International Airport Terminal Project. (Attachment # 18) 19. First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 9, Aviation, Section 9 -54 to change the landing fee and the definition of commercial aircraft. (Attachment # 19) 20. Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $72,480 to the State of Texas, Criminal Justice Division for Year -Five funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit with a city match of $10,180 in the No. 1061 Law Enforcement Trust Fund and $14,400 in -kind services; for a total project cost of $97,060. (Attachment # 20) 21.a. Resolution authorizing the City Manageror his designee to submit a grant application in the amount of $13,299 to the State of Texas, Office of the Governor, Criminal Justice Division for Year Five funding of the Computer Forensics Specialist grant of the Police Department with a City match of $5,816 in the No. 1061 Law Enforcement Trust Fund and City match of $45,977 in the No. 1020 General Fund; for a total project cost of $65,092. (Attachment # 21) 21.b. Resolution authorizing the City Manageror his designee to submit a grant application in the amount of $59,811 to the State of Texas, Office of the Governor, Criminal Justice Division for Year One funding of a Crime Scene Technician grant in the Police Department with a City match of $3,060 in the No. 1061 Law Enforcement Trust Fund; for a total project cost of $62,871. (Attachment # 21) 21.c. Resolution setting a priority number of one for the Computer Forensics Specialist and priority two for the Grime Scene Technician Grant. (Attachment # 21) Agenda Regular Council Meeting January 13, 2004 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 22. First Reading Ordinance - Amending the Code of Ordinances Section 53 -254, Schedule V, Increase of State Speed Limit in Certain Zones, by revising the speed limits on the following street section, and providing for penalties: (Attachment # 22) On Ayers Street, (BS 286A): revising the existing speed limits to the following: 35 mph from Port Avenue to a point at 0,515 miles (STA 219 +04.3) south of State Highway 358 or south of Gibbs Street. 45 mph from a point 0.516 miles (STA 219 +04.3) south of State Highway 358 or south of Gibbs Street to a point 0.962 miles south to (STA 269 +84.36) or south of Allencrest Street. 50 mph from a point at (STA 269 +84.36) or south of Allencrest Street to a point 1.201 miles south to (STA 333 +23) at the south city limit. 23. Second Reading Ordinance Amending the Code of Ordinances Sections 11-8, Riding on Sidewalks, Pedestrian Walkways or Portions of New Ship Channel Bridge, by making an exception for approved special events. (First Reading 12/16/03) (Attachment # 23) I. PUBLIC HEARINGS: 24.a. Public hearing to consider executing a thirteen- year Renewal and Extension Lease with the Corpus Christi Area Council for the Deaf, Inc. to continue maintaining and operating a facility for deaf persons on a portion of Mt. Vernon Park. (Attachment # 24) 24.b. First Reading Ordinance - Authorizing the City Manager or his designee to execute a thirteen -year Renewal and Extension Lease with the Corpus Christi Area Council for the Deaf, Inc. to continue maintaining and operating a facility for deaf persons on a portion of Mt. Vernon Park; providing for one, ten -year automatic extension of the lease; and providing for termination upon one (1) year written notice by either party. (Attachment # 24) Agenda Regular Council Meeting January 13, 2004 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ZONING CASES: 25. Case No. 1103 -05, Faucett Enterprises. Inc.: A change of zoning from an "R -1 B" One- family Dwelling District to a "B -1" Neighborhood Business District on Rolling Acres No. 2, Block 5, Lots 6 and 7, located on the northeast comer of Leopard Street and Rolling Acres Drive. (Attachment # 25) Planning Commission and Staffs Recommendation : Denial of the "B -1" District and in lieu thereof, approval of an "AB" Professional Office District. ORDINANCE Amending the Zoning Ordinance upon application by Faucett Enterprises, Inc. by changing the zoning map in reference to Rolling Acres No. 2, Block 5, Lot 6 and 7, from "R-113" One- family Dwelling District to "AB" Professional Office District; and amending the comprehensive plan to account for any deviations from the existing comprehensive plan. 26. Case No. 1103 -05. Valero Refining-Texas. L.P.: A change of zoning from an "R -1 B" One- family Dwelling District, "A -1" Apartment House District, and "B-4" General Business District to an "1 -3" Heavy Industrial District on all of Shares 2 -A and 3 -A of the Kaler Tract, Volume 9, Page 58, Volume 27, Page 58, Volume 31, Page 71, and Volume 37, Page 126 of Nueces County, Texas, except Lots 8, 9, and 10 of Share 3 -A and 0.39 acre of Lot 6, Lot 7, and Lot 7 -A of Share 2 -A, located along Up River Road, Kaler Drive, Rackley Street, and Cantwell Drive. (Attachment # 26) Planning Commission and Staffs Recommendation,: Approval of an "1 -3" Heavy Industrial District. ORDINANCE Amending the Zoning Ordinance upon application by Valero Refining - Texas, L.P. by changing the zoning map in reference to all of Shares 2 -A and 3 -A of the Kaler Tract, Volume 9, Page 58, Volume 27, Page 58, Volume 31, Page 71, and Volume 37, Page 126 of Nueces County, Texas, except Lots 8, 9, and 10 of Agenda Regular Council Meeting January 13, 2004 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Share 3 -A and 0.39 acre of Lot 6, Lot 7, and Lot 7 -A of Share 2 -A from "R-1B" one - family Dwelling District, "A-1" Apartment House District and "B-4" General Business District to "1 -3" Heavy Industrial District; and amending the comprehensive plan to account for any deviations from the existing comprehensive plan. 27. Case No. 1103 -08, Spohn Health System Federal Credit Union,: A change of zoning from an "AB" Professional Office District to a "B -1" Neighborhood Business District on Ropes and Chamberlain Bay Terrace No. 2, Block 503, Lots 1, 2, 3, 4, 5, and part of Lots 6, 7, and 8, located south of Booty Avenue, west of Fifth Street and north of Ayers Street. (Attachment # 27) Planning Commission and Staffs Recommendation,: Approval of a "B -1" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance upon application by Spohn Health System Federal Credit Union by changing the zoning map in reference to Ropes and Chamberlain Bay Terrace No. 2, Block 503, Lots 1, 2, 3, 4, 5, and part of Lots 6, 7, and 8 from "AB" Professional Office District to "B -1" Neighborhood Business District; and amending the comprehensive plan to account for any deviations from the existing comprehensive plan. 28. Case No. 1103-09. James R. Bym: A change of zoning from an "R -1 B" One- family Dwelling District to an "I -2" Light Industrial District on Brezina Farm Tract, Block 2, Lots 4B and 4C located east of Brezina Road and west of Weber (W.O.W.) Road. (Attachment # 28) Planning Commission and Staffs Recommendation: Approval of an "1 -2" Light Industrial District. ORDINANCE Amending the Zoning Ordinance upon application by James R. Bym by changing the zoning map in reference to Brezina Farm Tract, Block 2, Lots 4B and 4C from "R -1 B" one - family Dwelling Agenda Regular Council Meeting January 13, 2004 Page 10 CITY COUNCIL PRIORITY ISSUES, (Refer to legend at the end of the agenda summary) District to "I -2" Light Industrial District; and amending the comprehensive plan to account for any deviations from the existing comprehensive plan. 29. Case No. 1193 -19, Al Mostaghasi: A change of zoning from an "F -R" Farm -Rural District and "R -1C" One - family Dwelling District to a "R -1 B" One- family Dwelling District on 26 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 26, Lots 13 and 14, located east of Quail Springs Road and north of County Road 26A. (Attachment # 29) Planning Commission and Staffs Recommendation,: Approval of a "R -1 B" One - family Dwelling District. ORDINANCE Amending the Zoning Ordinance upon application by Al Mostaghasi by changing the zoning map in reference to 26 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 26, Lots 13 and 14, from "F -R" Farm -Rural District and "R -1 C" One - family Dwelling District to "R -1B" One - family Dwelling District; and amending the comprehensive plan to account for any deviations from the existing comprehensive plan. J. PRESENTATIONS: Public comment will not be solicited on Presentation items. 30. Corpus Christi Regional Economic Development Corporation - Quarterly Report (Attachment # 30) 31. Municipal Court Operations Update (Attachment # 31) K. EXECUTIVE SESSION: PUBLIC NOTICE is given, that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. Agenda Regular Council Meeting January 13, 2004 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 32. Executive session under Texas Government Code Section 551.071 regarding Gloria Cardona, et al vs. Maria Jimenez and the City of Corpus Christi, Cause No. 01-3216-G, in the 319th Judicial District Court of Nueces County, Texas, with possible discussion and action related thereto in open session. (Attachment # 32) 33. Executive session under Texas Government Code Section 551,071 regarding Marcia S. West and Steven M. West vs. City of Corpus Christi, Cause No. 02-3927-E, in the 148th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. (Attachment # 33) 34. Executive session under Texas Government Code Section 551.071 regarding potential legal issues related to County /City Jail Agreement, with possible discussion and action related thereto in open session. (Attachment # 34) L. REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS, AND ORDINANCES: 35. Motion authorizing the City Manager or his designee to execute Amendment No. 1 with Roots Foster Associates Architects, Inc., of Corpus Christi, Texas for a total fee of $51,000, and for a total re-stated contract fee of $88,800 for the Corpus Christi Magistration /Detention Center Study /Report Project. (Attachment # 35) 36. Motion authorizing the City Manager or his designee to execute a contractforConstruction Manager at Risk with Fulton Coastcon, Inc. and Hunt Construction Group, Joint Venture, of Corpus Christi, Texas and Indianapolis, Indiana for the Professional Minor League Baseball Stadium. (Attachment # 36) 37. Second Reading Ordinance -Amending the Comprehensive Plan of the City of Corpus Christi ("The City") by adopting the Mustang - Padre Island Area Development Plan; defining the City's Comprehensive Plan Policies on Mustang and Padre Island for Agenda Regular Council Meeting January 13, 2004 Page 12 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) protection of the environment, future land use, transportation, public services, dune protection, beach access, Packery Channel and capital improvements. (First Reading 1 1/18/03) (Attachment # 37) 38. Motion authorizing the City Manager or his designee to execute a Professional Services Contract with Mr. Todd A. Hunter for lobbying and governmental relations services. (Attachment # 38) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 1:30 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE, LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y tree que su inglos es lirnitado, habit un intorprete inglos- espaflol en la reunion de la junta pare ayudarie. 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, THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow -up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city- related matters. Agenda Regular Council Meeting January 13, 2004 Page 13 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 39. CITY MANAGER'S REPORT Upcoming Items 40. MAYOR'S UPDATE 41. COUNCIL AND OTHER REPORTS 0. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 L pard Street, at 3 30 p.m., , 2004. al,t1Aiifidt NittekJ Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com , 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. 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 16, 2003 - 9 :05 a.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Brent Chesney (Arrived at 9:12 a.m.) Council Members: Javier D. Colmenero Melody Cooper (Arrived at 1 :25 p.m.) Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott City Staff: City Manager George K. Noe Acting City Attorney R. Jay Reining City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Alston Kirk of Trinity Lutheran Church and the Pledge of Allegiance to the United States flag was led by Council Member Noyola. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of December 9, 2003. A motion was made and passed to approve the minutes as presented. Mayor Neal called for a brief recess to present a certificate of commendation. * * * * * * * * * * * * * The Council returned from recess. Mayor Neal referred to Item 2 and the following board appointments were made: Arts & Cultural Commission David Barganski (Appointed) Laura Ann Pitt (Appointed) Community Youth Development (78415) Steering Committee Brittani Booker (Appointed) Erica Tello (Appointed) Daniel Ramos (Appointed) Corpus Christi Regional Economic Development Corporation Edward Martin (Reappointed) Joe Elizondo (Reappointed) Minutes - Regular Council Meeting December 16, 2003 - Page 2 Electrical Advisory Board North Padre Island Development Corporation Kyle Budd (Appointed) Samuel L. Neal Jr. (Reappointed) Shane Torno (Appointed) Brent Chesney (Reappointed) Melody Cooper (Reappointed) Mark Scott (Reappointed) Oil and Gas Advisory Committee Michael Woodcock (Reappointed) Juan Cabasos (Appointed) Weed and Seed Steering Committee Lucio Garcia (Reappointed) Mae Milligan (Appointed) * * * * * * * * * * * * * Mayor Neal announced the executive sessions, which were listed on the agenda as follows: 3. Executive session under Texas Government Code Section 551.071 regarding TCEQ Notice of Violation, Docket No. 2003- 1347- MWD -E, Case No. 10113, with possible discussion and action related thereto in open session. 4. Executive session under Texas Government Code Section 551.071 regarding Marcia S. West and Steven M. West vs. City of Corpus Christi, Cause No. 02- 3927 -E, in the 148th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. 5. Executive session under Texas Government Code Section 551.071 regarding potential legal issues related to the options for operating the City's landfills, with possible discussion and action related thereto in open session. 6. Executive session under Texas Government Code Section 551.071 regarding City of San Benito v. PG &E Gas Transmission, Texas Corporation, et al No. 96 -12- 7404 -A, 107th District Court, Cameron County, Texas; the remaining related claims of the City of Corpus Christi against PG &E's successor Gulf Terra Texas Pipeline, L.P. and other entities; and similar claims of the City of Corpus Christi against other similar entities, with possible discussion and action related thereto in open session. The Council went into executive session. * * * * * * * * * * * * * The Council returned from executive session. Mayor Neal deviated from the agenda and opened discussion on Item 33 regarding the renaming of Meadowbrook Park to Dan Whitworth Park. Mr. David Ondrias, Acting Director of Park and Recreation, thanked the Park and Recreation Advisory Committee for initiating the process to have the park renamed in honor of the late Mr. Whitworth. He also recognized staff members and advisory committee members in the audience. Mr. Wally Whitworth, speaking on behalf of the Whitworth family, introduced family and friends in the audience. He said the family was grateful for the honor. Mr. Ondrias announced that there were a number of preliminary plans for improvements to Minutes - Regular Council Meeting December 16, 2003 - Page 3 the park. He said Mr. Chuck Anastos would be providing a brief presentation on the plans at a reception taking place immediately after the Council's action today. He said the Council would be apprised of the plans as the work progressed. Mayor Neal, speaking on behalf of the Council, thanked the family, staff and committee members, and spoke in support of the project. City Secretary Chapa polled the Council for their votes as follows: 33. ORDINANCE NO. 025 5 9 5 Waiving the 60 -day waiting period and publication of legal notice; and renaming the park at 701 St. Pius Drive from Meadowbrook Park to Dan Whitworth Park. (First Reading 12/9/03) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 7 -31). Council members requested that Items 7,11,16,17, 21 and 23 be discussed. Mr. J.E. O'Brien requested that Item 30 be discussed. A motion was made and passed to approve Items 7 through 31, constituting the consent agenda, except for Items 7, 11, 16, 17, 21, 23 and 30, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 8.a. ORDINANCE NO. 025 5 76 Ordinance appropriating $130,625 from the reserve for Government Access Equipment and Facilities in the No. 1020 General Fund for Access Channel Equipment and Facilities; and amending the Operating Budget adopted by Ordinance No. 025394 and to increase appropriations. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. 8.b. MOTION NO. 2003-43 6 Motion approving the purchase of audio video systems for the City Hall Sixth Floor Conference Room, Council Chambers and associated Executive Session Rooms from Visual Innovations Company, Inc., of San Antonio, Texas in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $115,939. Funds are available from the Time Warner and ClearSource franchise agreement grant. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. Minutes - Regular Council Meeting December 16, 2003 - Page 4 9. MOTION NO. 2003-43 7 Motion approving a supply agreement with Borden Milk Products, LP, of Austin, Texas in accordance with the Coastal Bend Council of G overnments Bid Invitation No. CBCOG -04 -2 for 152,000 half -pint containers of low -fat milk, based on the recommended award submitted by the Coastal Bend Council of Governments for an estimated twelve -month expenditure of $28,880. The term of the agreement shall be for twelve months with an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the supplier and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY 2003 -2004. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. 10. MOTION NO. 2003-43 8 Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG -04 -1 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $93,444.33. The terms of the contracts shall be for six months with an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY 2003 -2004. Ben E. Keith LaBatt Food Service San Antonio, TX Corpus Christi, TX 40 Items 57 Items $19,025.48 $29,454.20 PFG Sysco Food Service Victoria, TX San Antonio, TX 46 Items 18 Items $41,341.32 $3,623.33 Grand Total: $93,444.33 The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. Minutes - Regular Council Meeting December 16, 2003 - Page 5 12. RESOLUTION NO. 025578 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $92,001 to the State of Texas, Office of the Governor, Criminal Justice Division for eligible funding under the Juvenile Accountability Incentive Block Grant Program to fund a program to reduce juvenile delinquency, improve the juvenile system, and increase accountability for juvenile offenders; with a City match of $10,222 in the No. 1020 General Fund, for a total project cost of $102,224. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. 13.a. MOTION NO. 2003-440 Motion authorizing the City Manager or his designee to accept grant funding in the amount of $25,000 from the Texas Department of Transportation for an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for Driving While Intoxicated enforcement overtime within the Police Department and to execute all related documents. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. 13.b. ORDINANCE NO. 025 579 Ordinance appropriating a grant in the amount of $25,000 from the Texas Department of Transportation for funding of an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for Driving While Intoxicated enforcement overtime within the Police Department in No. 1061 Police Grants Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. 14. RESOLUTION NO. 025580 Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Department of Public Safety Division of Emergency Management in the amount of $1,000 under the FY 2004 Local Hurricane Grant Program for enhanced hurricane - related public awareness and education. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. Minutes - Regular Council Meeting December 16, 2003 - Page 6 15. RESOLUTION NO. 025581 Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Department of Public Safety Division of Emergency Management in the amount of $7,000 for upgrades to the City's Dialogic System, under the Facilities and Equipment Grant Program, with a City match of $7,000 in the No. 1 020 General Fund, for a total project costs of $14,000. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. 18. RESOLUTION NO. 025587 Resolution authorizing the City Manager or his designee to submit a grant application to the Texas General Land Office in the amount of $600,000 for a Coastal Erosion Planning and Response Act (CEPRA) - Cycle 3 Grant for the restoration of Sunfish Island; with a City Match of $400,000 in sand and in -kind services; for a total project cost of $1,000,000. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. 19.a. MOTION NO. 2003-441 Motion authorizing the City Manager or his designee to execute an agreement with the Corpus Christi Country Club for Force Main Repairs/Replacement Line "C ", Phase 1 - Corpus Christi Country Club, including any easements necessary for the project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. 19.b. MOTION NO. 2003-442 Motion authorizing the City Manager or his designee to execute a construction contract with Cash Construction of Pflugerville, Texas in the amount of $841,830 for the Force Main Repairs/Replacement Line "C ", Phase 1 - Corpus Christi Country Club. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. 19.c. MOTION NO. 2003 -443 Motion authorizing the City Manager or his designee to execute a construction contract with Ramos Industries, of Pasadena, Texas in the amount of $1,315,060 for the Force Main Repairs/Replacement Line "C ", Phase 2 - Kenith Circle to Cimarron Boulevard. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. Minutes - Regular Council Meeting December 16, 2003 - Page 7 20. MOTION NO. 2003-444 Motion authorizing the City Manager or his designee to execute a construction contract with S J Louis Construction, of Mansfield, Texas in the amount of $1,489,586.49 for the 30 -inch and 18 -inch gravity sewer lines from Kostoryz Road to Waterloo Drive. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting `Aye "; Cooper was absent. 22. MOTION NO. 2003-446 Motion authorizing the City Manager or his designee to execute Change Order No. 2 with Laughlin - Thyssen, Inc., of Houston, Texas in the amount of $46,928 for the O.N. Stevens Water Treatment Plant Wash Water System, Phase 2 Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. 24. MOTION NO. 2003 -448 Motion authorizing the City Manager or his designee to execute Change Order No. 1 with Chief Environmental Surveys, of Houston, Texas in the amount of $102,346.43 for miscellaneous sewer line cleaning. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. 25. ORDINANCE NO. 025 5 8 8 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with Minvesco, L.P. for the right to construct and maintain a 2 -inch PVC force main that will extend approximately 394 -feet along the Crowsnest Avenue Street right -of- way (ROW); and establishing a fee of $544. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. Minutes - Regular Council Meeting December 16, 2003 - Page 8 26.a. ORDINANCE NO. 025 5 8 9 Ordinance appropriating $19,677.26 from Lot 1, Block 1, Brighton Village Unit 9 developer's contribution to Drainage Channel No. 31 in the No. 4730 Infrastructure Fund; and amending Ordinance No. 024130, which appropriated the trust funds, by adding $19,677.26 to the No. 4730 Infrastructure Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. 26.1. MOTION NO. 2003-449 Motion approving payment of $19,677.26, developers contribution from Brighton Village Unit 9, Block 1, Lot 1, from the No. 4730 Infrastructure Fund to Mark Bratton, Trustee, for disbursement to the appropriated Funding Owners, in accordance with the Offsite Drainage g Development Contract, Master Plan Drainage Channel 31, between the City of Corpus Christi and Trustee. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. 27.a. MOTION NO. 2003-450 Motion authorizing the City Manager or his designee to accept a renewal grant in the amount of $4,375 and execute a contract with the Corporation for National and Community Service for the continuation of the Senior Companion Program. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. 27.b. ORDINANCE NO. 025 5 90 Ordinance appropriating a grant in the amount of $4,375 from the Corporation of National and Community Service in the No. 1067 Park and Recreation Grants Fund for the Senior Companion Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. Minutes - Regular Council Meeting December 16, 2003 - Page 9 28.a. MOTION NO. 2003-4 51 Motion authorizing the City Manager or his designee to accept a renewal grant in the amount of $18,115 and execute a contract with the Corporation for National and Community Service for the continuation of the Retired and Senior Volunteer Program. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. 28.b. ORDINANCE NO. 025 5 91 Ordinance appropriating a grant in the amount of $18,115 from the Corporation for National and Community Service in the No. 1067 Park and Recreation Grants Fund for the Retired and Senior Volunteer Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. - 29. RESOLUTION NO. 025592 Resolution authorizing the City Manager or his designee to enter into an agreement with the American Bowling Congress and the Corpus Christi Convention and Visitors Bureau to host the American Bowling Congress Tournament in 2006 and to provide them with $250,000 by December 31, 2004, subject to appropriations. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. 31. ORDINANCE NO. 025 594 Amending Section 4 -5, Code of Ordinances, City of Corpus Christi regarding the location of establishments serving on- premise alcoholic beverages; and providing for penalties. (First Reading 12/9/03) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. Mayor Neal opened discussion on Item 7 regarding the purchase of 25 vehicles for various departments. Council Member Garrett asked for more information regarding the seven additional vehicles to the fleet. Mr. Mike Barrera, Procurement and General Services Manager, answered that they were full -size, extended cab pick -up trucks to be used by the Neighborhood Initiative Program (NIP). City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting December 16, 2003 - Page 10 7. MOTION NO. 2003-43 5 Motion approving the purchase of twenty -five vehicles consisting of twenty -two pickup trucks and three cargo vans from the following companies for the following amounts, in accordance with Bid Invitation No. BI- 0034 -04, based on low bid and low bid meeting specifications, for a total amount of $436,569. The vehicles will be purchased for Maintenance Services, Municipal Information Services, Neighborhood Services, Gas, Storm Water, Water, Wastewater, and the Marina. Eighteen vehicles are replacement units and seven are additions to the fleet. Funds are available from the FY 2003 - 2004 Capital Outlay Fund. Champion Ford Corpus Christi, TX Bid Items 2, 6, 7, 9, 12 -14 $140,063 Crosstown Ford Corpus Christi, TX Bid Items 1, 8, 10, 11 $203,078 Grand Total: $436,569 Red McCombs Dodge San Antonio, TX Bid Items 3 -5 $93,428 The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. Mayor Neal opened discussion on Item 11 regarding the purchase of a server for Municipal Court. Mr. Kelly asked how many warrants and fines were backlogged and uncollected in Municipal Court. Mr. Rene Mendiola, Director ofMunicipal Court, replied that they were replacing the computer systems to ensure that warrants could be processed in a more timely manner. He said there were approximately 5,000 active warrants. He stated that they were generating about 500 warrants per week. He said the new upgraded systems could increase the load. Mr. Kelly asked how many warrants could be processed in a week. Mr. Mendiola answered that the number varied depending on the time of year. Mr. Kelly asked how much money the outstanding warrants represented. Mr. Mendiola replied that he did not have an exact number, but the average fine for a failure -to- appear warrant was $300 and $600 for a truant individual. Mr. Kelly asked how the new system would help Municipal Court better process the warrants. Mr. Mendiola replied that the system would allow the work flow to proceed electronically through all the departments, expediting the processing time. Mr. Kelly asked if the outdated computer system was the cause of the backlog, or if it was due to a lack of staffing. Mr. Mendiola answered that the backlog was due to a variety of reasons, including lack of staffing and the re- implementation of the program. Mr. Kelly asked for more evidence that the system would provide long-term benefits. Mr. Mendiola stated that he would provide the information. Mr. Garrett commented that staff was scheduling a presentation during the first week of January to inform the Council about the good work taking place in Municipal Court. Mr. Colmenero asked how long it would take to install and implement the new system. Mr. Ogilvie Gericke, Director ofMunicipal Information Systems, replied that it would take a few months to fully automate the system. Mr. Kinnison asked if the presentation in January would include an update on collection efforts. Mr. Garrett replied affirmatively. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting December 16, 2003 - Page 11 11.a. ORDINANCE NO. 025 5 7 7 Ordinance appropriating $125,708.40 from the No. 1020 General Fund Municipal Court Technology Fee for lease of one Hewlett Packard Server, four Dell Servers; and amending the FY 2003 -2004 Operating Budget adopted by Ordinance No. 025394 to increase appropriations by $125,708.40. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. 11.b. MOTION NO. 2003-43 9 Motion authorizing the City Manager or his designee to lease a Hewlett Packard RP7410 Server from Dataseek of San Antonio, Texas, in the amount of $74,520 in accordance with the State's Cooperative Purchasing Program. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting `Aye "; Cooper was absent. Mayor Neal opened discussion on Item 16 regarding a grant for the city -wide Wireless Fidelity (WiFi) portion of the automated meter reading project. Mayor Neal asked Assistant City Manager Mark McDaniel to provide more information on this item. Mr. McDaniel stated that staff was in the process of preparing an RFP for the automated meter reading pilot program. He said that one of the emerging technologies related to the project was Wireless Fidelity, or WiFi. He said WiFi would enable the city to go to the next level in city -wide communications. He said the system would allow the city to place an umbrella over the entire city and communicate with much less fiber optics. He said it would allow the city to reach areas that are not currently wired for fiber optics. He said the grant was with the Homeland Security program and, if funded, would allow the city to offset its costs. Mayor Neal added that the system would allow the city to have instant communications with all public safety personnel as well as the utilities section during an emergency. Police Captain Leonard Scott added that the new system would give public safety officers direct access to the video imaging system, sex offender files and other significant databases. He said the system was an important tool in the community policing effort because it empowered the officers. Mr. Colmenero asked if the frequency would be accessible to the general public. He was concerned that confidential information could be transmitted by mistake. Captain Scott replied that the city would be able to secure the public safety and city operations use of the system through virtual private. networking. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting December 16, 2003 - Page 12 16. RESOLUTION NO. 025582 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $1,000;000 to the United States Department of Homeland Security to fund the City -Wide Wireless Fidelity (WiFi) portion of the Automated Meter Reading/Wireless Broadband Network Pilot Project for the Water and Gas Service Departments. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. Mayor Neal opened discussion on Item 17d regarding a community media outreach program on recycling and illegal dumping. Council Member Scott asked if the Recycling Committee had provided any input on this initiative, and asked for more details on the implementation plan. Mr. Jeff Kaplan, Director of Solid Waste, replied that the plan was to support the Neighborhood Initiative Program in several target areas. He said the Recycling Committee had not met for several months, but several members had expressed interest in coordinating this program, including the Beautify Corpus Christi Association. Mr. Kinnison asked when the committee was going to develop recommendations on how to increase citizen participation in the recycling program. Mr. Kaplan replied that staffwas currently working to reorganize the committee at this time. City Manager Noe added that staffhad a number of initiatives to potentially discuss with the committee once they meet. Mr. Kinnison asked if this would happen within the next 90 days. Mr. Noe replied that staffwould set this as a target date. City Secretary Chapa polled the Council for their votes as follows: 17.a. RESOLUTION NO. 025583 Resolution authorizing the City Manager or his designee to submit a Municipal Solid Waste Grant Application to the Coastal Bend Council of Governments in the amount of $63,682 for an assistant compliance officer, 4x4 'A ton extended cab pick-up truck with accessories, electronic surveillance equipment and a 800MHZ radio to assist in the City's efforts in enforcement and compliance of the City's Solid Waste Service's ordinance and illegal dumping. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. 17.b. RESOLUTION NO. 0255 84 Resolution authorizing the City Manager or his designee to submit a Municipal Solid Waste Grant Application to the Coastal Bend Council of Governments in the amount of $60,000 for contractual services for hauling landfill mulch to area parks and playgrounds. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. Minutes - Regular Council Meeting December 16, 2003 - Page 13 17.c. RESOLUTION NO. 025 5 8 5 Resolution authorizing the City Manager or his designee to submit a Municipal Solid Waste Grant Application to the Coastal Bend Council of Governments in the amount of $217,200 for a mulch spreading vehicle to help maintain area parks and playgrounds. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. 17.d. RESOLUTION NO. 025586 Resolution authorizing the City Manager or his designee to submit a Municipal Solid Waste Grant Application to the Coastal Bend Council of Governments in the amount of $20,000 to develop a community media outreach campaign for target areas of the City on recycling and illegal dumping. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. Mayor Neal opened discussion on Item 21 regarding irrigation improvements to Gabe Lozano and Oso Beach Golf Courses. Mr. Kelly asked if the funds for the irrigation improvements were coming out of operational funds. Mr. Noe replied that they were actually coming out of the surcharge fees that have been collected and placed in a reserve fund over time. Mr. McDaniel added that the Council took action to appropriate all of the reserve into the operating funds, and now staff is in the process of spending it. Mr. Garrett asked if the surcharge fees were supposed to be used for irrigation improvements. City Manager Noe replied that when the surcharge fund was first created, the original intent was to set aside dollars to construct a third golf course, which has now been determined to be unfeasible. He said staff has since amended the program to apply the funds for improvements to the existing golf courses, following a full dialogue with the Municipal Greens Committee and the Park and Recreation Advisory Committee. City Secretary Chapa polled the Council for their votes as follows: 21. MOTION NO. 2003-445 Motion authorizing the City Manager or his designee to execute a construction contract with Chambers Golf Construction, of Purcell, Oklahoma in the amount of $447,299,97 for the Gabe Lozano Senior Golf Center and Oso Beach Golf Course Irrigation Improvements Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. Mayor Neal opened discussion on Item 23 regarding a sewer line along Antelope Street. Mr. Kelly asked Mr. Angel Escobar, Director of Engineering Services, to elaborate on the improvements on Antelope Street. Mr. Escobar replied that the improvements would replace the sewer line under Antelope Street, increasing the flow in the sanitary sewer system to avoid any future back -ups or overflows in the area. Mr. Kelly asked what condition Antelope Street would be left in once the Minutes - Regular Council Meeting December 16, 2003 - Page 14 repairs were complete. Mr. Escobar answered that there would be a patch down the middle of the road. He added that Antelope Street was on the list of streets being recommended to the Council for consideration for future improvements through the Bond 2004 program. Mr. Kelly stated that he would like to see Antelope Street improved west of Palm Street as well. He said he was pleased that the sanitary sewer system problem in that area was being addressed. City Secretary Chapa polled the Council for their votes as follows: 23. MOTION NO. 2003-447 Motion authorizing the City Manager or his designee to execute Amendment No. 13 with MEI Govind, Inc., of Corpus Christi, Texas for a total fee not to exceed $62,338 for the 24- inch gravity sewer line along Antelope Street between Palm Street and Doss Street. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. Mayor Neal opened discussion on Item 30 regarding amendments to the Code of Ordinances for the Utilities Business Office. Mr. J.E. O'Brien spoke regarding his concern that the last rate increase did not comply with the Texas Water Code. Acting City Attorney Reining answered that the city must comply with the applicable provisions of the Texas Water Code. He said the provision that Mr. O'Brien was referring to did not apply to the city. City Secretary Chapa polled the Council for their votes as follows: 30. ORDINANCE NO. 025 5 93 Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 to establish procedures regarding security deposit, delinquent payments, late fees, and average billing for the Utilities Business Office; and providing for penalties. (First Reading 12/9/03) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye "; Cooper was absent. * * * * * * * * * * * * * Mayor Neal referred to the presentation on the day's agenda, an update on the Landfill Operations Request for Proposal. City Manager Noe prefaced the presentation by saying that long- term landfill options and operations was probably one of the more difficult and complicated issues that the Council would have to face because of its significant long -term impact. Mr. Jeffrey Kaplan, Director of Streets and Solid Waste Services, provided background information on past and present landfill issues. He said that prior to 1995, regional landfills were recommended by the state, and J.C. Elliott served as the area's regional landfill. He said there were no time limits on permits at that time. He stated that the Council decided to acquire and permit the Cefe Valenzuela landfill, knowing that the J.C. Elliott landfill had a finite life expectancy. Presently, Mr. Kaplan stated that the TCEQ was now moving away from the regional landfill Minutes - Regular Council Meeting December 16, 2003 - Page 15 concept. He said legal challenges and the opening of the El Centro landfill have led to a decrease in revenues and a resulting loss of tonnage. He noted that the estimated remaining life of the J.C. Elliott landfill is 3.5 years at best. Consequently, Mr. Kaplan said the Council directed staff to put out a Request for Proposals (RFP) for a public /private partnership with a viable company in landfill development and operations business. He stated that the RFP had the following objectives: cost benefits; expertise; maintain revenues; and offer the city alternatives for landfill operations. He said the RFP was sent to the top 20 local and out -of -town firms in the industry on September 6, 2002. A bid conference was held on September 26, and bids were received on October 11, 2002. He said three vendors submitted proposals. The bids were reviewed between October 11, 2002 through October 25, 2002. Mr. Kaplan reported that the negotiation team was composed of the following individuals: Assistant City Manager Ron Massey, Assistant City Manager Mark McDaniel, Assistant Director of Solid Waste Services Lawrence Mikolajczyk, Acting City Attorney Jay Reining, and Assistant Director of Engineering Services Kevin Stowers. The proposals were evaluated and scored, and oral interviews were held with all vendors. He said the committee chose the proposal submitted by Browning Ferris, Incorporated. Mr. Kaplan provided a negotiation update, saying that a series of meetings was held to discuss several options. He said the city negotiated with BFI to operate the landfill, whereas the city would retain full authority and control. He said the committee developed pro formas to evaluate 21 scenarios, and narrowed them down to three options. Mr. Kaplan reviewed the current options as follows. In Option 1, the city would laterally expand the J.C. Elliott landfill, paying for the expansion but contracting with BFI for landfill operations. In Option 2, the city would negotiate landfill space at El Centro for a period of time after J.C. Elliott closes, and delay development of the Cefe Valenzuela landfill. He noted that the sale of the Cefe landfill is an option under this scenario. Finally, in Option 3, the city would construct and develop the Cefe landfill and transition to its use when the J.C. Elliott landfill closed. Under all of the options, the city could choose to operate and develop the Elliott or Cefe landfills or contract with BFI to operate them. Mr. Kaplan gave more detailed descriptions of each option. He said in Option 1, the following conditions would apply for the city: city develops and operates the landfill; no guarantee of BFI tonnage; city sets rate at gate; and no transfer station. He said the following conditions would apply to BFI in this scenario: city develops while BFI operates and guarantees tonnage; city sets rate at gate; and no transfer station. He displayed a graph illustrating the estimated loss of revenues under each scenario, and the fee increase necessary to recoup the lost revenue. Assistant City Manager Massey noted that the difference between the revenue in the city proposal and the BFI proposal was that BFI would guarantee tonnage, which would increase revenues. Mr. Kelly asked why there was a downward trend in the revenues in this scenario. Mr. Massey replied that the downward trend was due to the projected cost of expanding the J.C. Elliott landfill. Under Option 2, Mr. Kaplan said the following conditions would apply for the city: develops and operates transfer station; and no guarantee of BFI tonnage. He said the following conditions would apply if BFI operates: city develops and BFI operates transfer station and guarantees tonnage; Minutes - Regular Council Meeting December 16, 2003 - Page 16 and provides a payment of $125,000 to purchase Cefe. He displayed a graph illustrating the estimated loss of revenues in this option. Under Option 3, Mr. Kaplan said the following conditions apply for the city: develops and operates transfer station; develops and operates Cefe; no guarantee of tonnage; and continue to operate J.C. Elliott until it closes. He said the following conditions apply if BFI operates: city develops and BFI operates transfer station, operates Cefe, guarantees tonnage, and operates J.C. Elliott until it closes. He displayed a graph illustrating the loss of revenues under this scenario. Mr. Kaplan reviewed a graph depicting the possible fee increases if BFI were to oversee operations under each option during FY 2004 -05, FY 2006 -07, and FY 2010 -11. Council Member Scott asked how these increases would translate into a ratio of dollars to customer cost. Mr. Kaplan replied that staff has considered a proportional increase to both the tipping fee for customers and residents. Mr. Massey explained that under Option 1 in FY 2004 -05, the city's shortfall was approximately $1.2 million, which translates into a 45 cent increase a month for the residential customer and $3 per ton for the commercial hauler. He noted that under Option 3, there would be a bigger up -front increase in FY 2004 -05, about a $1.35 increase per month per residential customer and $9 per ton increase for the commercial hauler. He also said that in addition to the capital costs, the cost to transfer the tonnage to the Cefe landfill increased the up -front costs. Mr. Kelly asked if BFI was able to meet their tonnage requirement with pick -ups within the city. Mr. Kaplan replied that BFI was able to meet tonnage requirements within the city and also brought additional tonnage from outside the city. Mr. Massey replied that it could be a combination, since they probably used the landfill that made the most sense from a business standpoint. Mr. Kelly asked if a contract with BFI would put the city in a competitive disadvantage in the future if there were other haulers available to come in if BFI were to raise prices. Mr. Kaplan replied that those terms would need to be negotiated in the contract. Mr. Kelly asked if the city were to negotiate a contract with BFI, would the city ask for an increase in the guaranteed tonnage over the present levels. Mr. Kaplan replied that at this point in the negotiations, the city was asking was for the same amount of tonnage. Mr. Kelly replied that it appeared that the only advantage the city would see from contracting with BFI would be if they would offer the city additional tonnage and guaranteed that the city would receive trash from outside the city. Mr. Massey replied that if the city did not have a put -or -pay contract with BFI, the city could not force them to bring any tonnage that they picked up from the city limits to the city landfill, unless the city franchised commercial trash hauling in the city. A discussion ensued over whether the city was trying to recapture operational costs as opposed to losing volume. Mr. McDaniel stated that the capital expense, not the loss in revenue, was driving the differential in cost. Council Member Chesney gave a letter to City Manager Noe with a list of questions. He asked Mr. Noe to provide a written response and distribute a copy of the response to the Mayor and Council. He asked Acting City Attorney Reining if the city had the option to be the sole trash haulers in the city. Mr. Reining responded affirmatively. He asked what kind ofrevenue stream that would provide. Mr. Noe replied that staff could develop a scenario reflecting this alternative. Mr. Chesney expressed concern that the options that staff provided today recommended fee increases that did not result in more revenues. He felt that other options should be explored. Council Member Noyola expressed his concern that the city had not planned better for the Minutes - Regular Council Meeting December 16, 2003 - Page 17 inevitable closing of the J.C. Elliott Landfill in 2005. Mayor Neal explained that the city had been discussing a plan to move from the 1.C. Elliott landfill to the Cefe landfill since 1997. He said the Council made the decision to move to Cefe later on, but then decided to explore the option of expanding J.C. Elliott when El Centro opened more than a year ago. He said the Council has been awaiting the results of this study to decide whether to expand the Elliott landfill or make the $13 million expense to open Cefe. He said the city had been working on a long -term plan for solid waste for some time, but a series of unforeseen events had changed the landscape. Mr. Noyola expressed his concern that the city had acquired Cefe for use as a regional landfill, but now it was not going to be used that way. City Manager Noe replied that many cities would like to be in the city's position now because we already had a site that was fully permitted. He said the real issue was one of finance. In response to Council Member Scott's question, City Manager Noe said that in the end, if Cefe is going to be viable long -term, the city needs as much tonnage as possible to support the high capital cost. He said in staff's opinion, the put -or -pay contracts put the city in the best position to fund Cefe and pay off capital costs. Mr. Massey noted that the current put -or -pay contracts would have to be renegotiated if the city opened Cefe because those contracts listed J.C. Elliott as the landfill. Mr. Massey also said that the Cefe landfill site was not as centrally located as the J.C. Elliott site. Mr. Garrett asked if there was a possibility that the city would lose its permit for Cefe if they delayed a decision on opening it any longer. Acting City Attorney Reining replied that if a current rule change being discussed in the TCEQ proposing a time limit on permits was to go into effect, there was a chance that the city could lose its permit. Mr. Reining said that staff believed the chances were fairly low that this would occur. Mr. Garrett asked if this was cause for concern. Mr. Noe replied that although staff did not believe that it was likely to occur, staffwas concerned about this possibility, and had taken immediate steps to be represented at the commission. He said staff will continue to assert its position throughout the process. He said it was important to keep Option 3 on the table because it does preclude that inevitability. Mr. Noe stated that staff's goal all along has been to secure and retain the amount of tonnage necessary to make the Cefe landfill viable. Council Member Colmenero asked how much it would cost to close the J.C. Elliott landfill. Mr. McDaniel replied that it would cost $3.5 million. He asked how much it would cost to open the Cefe landfill. Mr. McDaniel replied that it would cost $13.5 million. Mr. Colmenero asked how many acres would be added to the Elliott landfill in Option 1. Mr. Kaplan replied that 80 to 90 acres would be added. He asked how much this added acreage would add to the lifespan of the Elliott landfill. Mr. Kaplan replied that it would add approximately 11 years. Mr. Colmenero asked what the lifespan of the El Centro landfill was. Mr. Kaplan replied that it was approximately 20 to 25 years. Mr. Colmenero recommended that staff consider deferring mulch, brush and construction debris to other landfills to maintain capacity in the Elliott landfill. Mr. Massey replied that staff's strategy to date has been to keep every bit of tonnage that the city could charge for into the city's landfill to minimize lost revenues. Mr. Kaplan continued with the presentation, providing a graph depicting possible fee increases if the city were to operate the landfill under the three options. Mr. Massey noted that the fee increases were higher in these scenarios because the city could not guarantee the tonnage. Minutes - Regular Council Meeting December 16, 2003 - Page 18 Mr. Kaplan presented a summary of the pros and cons if the city were to operate the landfill. He listed the following "pros ": city has increased operation efficiency to lower their costs; and the city retains complete control of the landfill. He then listed the following "cons ": ci ty cannot guarantee tonnage alone; capital and equipment cost funded exclusively by the city; and sole liability for landfill development and operations. Mr. Kaplan provided a list of pros and cons if the city were to contract BFI to operate the landfill. He listed the following "pros ": largest landfill operator in Texas; maintains a consistent tonnage and revenue stream; reduced capital and equipment costs; and shared liability in landfill development and operations. He then listed the following "cons ": local perception with regards to maintaining a competitive market; long -term contractual commitment with its associated complexity; and city pays tipping fee in all options. In conclusion, Mr. Kaplan stated staff was recommending Option 1 for the following reasons: shortest contract term; lowest decrease in revenues; smaller fee increases over term; provides for competitive market; and allows for exploring other options in future years. He said staff was recommending the following additional actions related to this option: increase tonnage in current permit; pursue permit for J.C. Elliott expansion; finalize contract with BFI; make provisions for alternative disposal site; and initiate actions to establish transfer station at J.C. Elliott landfill. Mayor Neal expressed his concern that when the Council discussed the landfill issue several years ago, they directed staff to bring back these recommendations, but in much more definitive terms. He said the Council had asked for costs associated with the expansion, and had asked staff to begin the permitting process to see what it would entail and provide an estimated time frame. He asked if staff had done this. Mr. Kaplan replied negatively. Mayor Neal expressed his frustration that the Council did not have the information they needed to make this decision and had lost valuable time. City Manager Noe replied that the cost estimates had been done. Mayor Neal asked what the cost estimate was to expand the Elliott landfill. Mr. McDaniel replied the estimate was $12 million. Mayor Neal asked once again if staff had initiated the permitting process for this expansion. Mr. Massey replied that staff has had preliminary discussions with TCEQ and spoken with outside counsel about the process. Mr. Reining added that the legal fees would be between $250,000 and $1 million, and the process would take between 18 months and three years. Mayor reiterated his concern that the Council had asked staff to take a parallel track a year and half ago to begin to look at the expansion of the Elliott landfill and begin the process to determine what it would cost to permit, allowing the Council to make a decision based on cost. Mayor Neal asked if staff had researched whether the current put -or -pay contracts would apply if the Elliott landfill was expanded. Mr. Massey replied that it could be argued both ways. He said the city could argue that as long as it is still operating Elliott, regardless of the expansion, the contracts still apply. He said the haulers could argue that the intention was for Elliott as it was originally configured. Mayor Neal again expressed his frustration that this information was not available, saying that it hindered the Council from making an informed decision. Mr. Massey replied that his understanding of the Council's wishes regarding the RFP was to include the ability to expand Elliott. He felt that, short of actually starting the permitting process, staff had collected estimates on the cost of permitting and estimates from TCEQ on the timeline needed to permit. He noted that the timeline could vary depending on whether the permit was contested or uncontested. He said staff had factored in all the costs, both for the expansion of Elliott and the permitting costs, Minutes - Regular Council Meeting December 16, 2003 - Page 19 into the pro formas to provide a full range of options, with regard to private operations through BFI for a paranteed tonnage or the riskier option of maintaining city operations by extending the put -or- pay contracts, for the Council's consideration. Mayor Neal replied that the only way the Council would even consider changing the operation of the landfill from public to public /private venture would be if it was decided not to extend the life of the Elliott landfill. He said the Council could not consider paying the cost to extend the life of Elliott, re- permitting it, and maintaining operation of the landfill site without assurances that the put -or -pay contracts could be extended beyond their current expiration. Mayor Neal also expressed his concern that the Council would not know whether the city would be able to permit the expansion of the Elliott landfill for another two years, only one and a half years from the estimated closure date of the Elliott landfill. He wondered what would happen if the city was unable to obtain the permit. He stated that it appeared that the city was no farther along today in the decision- making process than it was 18 months ago. Mr. Massey replied that until the city started the permitting process, staff would not know whether the city could get a permit. He said staff did not begin the permitting process because staff did not think the Council had directed them to expand the Elliott landfill. Mayor Neal disagreed, saying that he thought it was very clear that the Council had directed staff to begin a parallel -track to arrive at a decision - making point. Mayor Neal said he could not provide staff with direction on this issue with the information that had been provided today. Council Member Noyola agreed with Mayor Neal. Council Member Kelly asked Mr. Reining if there was any way to get a declaratory judgement on extending the put -or -pay contracts with the expansion of the Elliott landfill. Mr. Reining replied that this issue would be better addressed in executive session. Council Member Colmenero agreed with the Mayor, saying that the Council needed hard data within the next five or six weeks to allow the Council to make an informed decision. Council Member Chesney agreed with the Mayor that there were too many unanswered questions. He was also concerned about the cost estimates staff had provided regarding expanding the Elliott landfill. Mayor Neal asked staffto bring back information in mid- January on the associated costs for the permitting process and the issues related to the put -or -pay contracts so the Council can make an informed decision. Mayor Neal called for a brief recess. * * * * * * * * * * * * * Mayor Neal deviated from the agenda and opened discussion on Item 34 regarding the Pearl Harbor Survivor Association initiative to re-name the Harbor Bridge. Mayor Neal stated that he had been approached by the group several weeks ago to seek his support for the initiative. He noted that the initiative had been endorsed by several veterans groups. Mayor Neal asked for the Council's support of this resolution so that the request could be forwarded to the proper authorities, including the Texas Department of Transportation. Council Member Bill Kelly stated that one of the organizers, Mr. Leo Vrana, was a personal friend and true gentleman, and he spoke in support of the resolution. There were no comments from the audience. Council Member Kelly made a motion to Minutes - Regular Council Meeting December 16, 2003 - Page 20 endorse the resolution, seconded by Council Member Scott. City Secretary Chapa polled the Council for their votes as follows: 34. RESOLUTION NO. 025596 Resolution supporting the Pearl Harbor Survivor Association Chapter 5, Corpus Christi, Texas' request to name the United States 181 highway bridge over the Corpus Christi Ship Channel as the "Remember Pearl Harbor Memorial Bridge ". The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye ". Mayor Neal opened discussion on Item 35 regarding a first reading ordinance that would allow the Bike Tour Around the Bay Event and similar events to take place. Mayor Neal asked for public comment. Ms. Gretchen Arnold with Texas A &M University - Corpus Christi provided a brief presentation on the event. She said the Bike Tour Around the Bay Event was being co- sponsored by the Texas A &M University Tarpon Foundation and the Corpus Christi Chamber of Commerce. She said the event was scheduled to take place on Saturday, September 25, 2004 in conjunction with Bayfest. She said the event will begin and end at the Bayfront Plaza (Visitors Center area. Ms. Arnold discussed the two proposed bike routes for the event. She said the 65 -mile route would begin in the downtown area, go over the Harbor Bridge, through the Ingleside/Portland area, Aransas Pass, Port Aransas, takes the ferry to the Mustang Island area, down Ocean Drive and returns downtown. The 25-mile route would go from the downtown area to NAS- Corpus Christi and back. Ms. Arnold provided a brief history on the event. She said one of the goals of the event was to seek to bring tourist dollars to Corpus Christi. She said the riders and their families, as well as friends and spectators, would stay in local hotels/motels and dine in local restaurants. She said entry discounts to area attractions would also be distributed to the participants and their families. Ms. Arnold said the event would support the city's niche in the tourist market as an "eco- tourism" destination, similar to other attractions such as Beach to Bay and the Velocity Games, fishing and birding. Ms. Arnold provided a number of statistics on the economic impact of the event. She said the event is expected to have 2,500 riders, each expected to bring an additional spectator to the event. Based on similar events held in the past, 2,250 of the riders will be from out -of -town. She said each visitor is expected to stay two days and two nights in a local hotel with a nightly room rate of $75. Each visitor is also expected to spend approximately $50 a day in the city, and an estimated 90 percent of visitor expenditures will be subject to sales tax. She also provided the following numbers on anticipated spending in the community: registration fees - $62,500; corporate sponsorship solicited - $200,000; retail spending by visitors (spectators and riders) - $450,000; and spending by visitors on accommodations - $337,500. Based on these figures, Ms. Arnold stated that the total estimated economic impact would be $1,050,000. Ms. Arnold said the proceeds for the event would benefit the Corpus Christi Chamber of Commerce and the Texas A &M University- Minutes - Regular Council Meeting December 16, 2003 - Page 21 Corpus Christi Tarpon Foundation, a scholarship fund for student athletes. In conclusion, Ms. Arnold said the event organizers were recommending Council approval of the bicycle event to be held in September 2004, and approval of the event-specific amendment to the ordinance prohibiting bicycle activity on Harbor Bridge. She said if the Council were to approve the amendment, the next steps would be to solicit corporate sponsorship, hold a marketing event and provide a Council update in late Spring 2004. Mr. Angel Escobar, Director of Engineering Services, added that staff was recommending the amendment to the ordinance as well. He said star has worked out the details regarding traffic safety with both TxDOT, the Police department and traffic engineering staff. Council Member Scott thanked the police department for their efforts in working with the event organizers. Mr. Scott asked why this amendment was being recommended on a one -time basis. Mr. Noe replied that the ordinance was actually crafted to allow for special events with the approval of the City Engineer and Police Chief. He said the amendment was not specific to this - event only; rather, it was limited to special events in general. Council Member Kinnison complimented Mr. Mike Bertuzzi and Ms. Arnold for their efforts in organizing this event. City Secretary Chapa polled the Council for their votes as follows: 35. FIRST READING ORDINANCE Amending the Code of Ordinances Sections 11 -8, Riding on Sidewalks, Pedestrian Walkways or Portions of New Ship Channel Bridge, by making an exception for approved special events. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye ". Mayor Neal opened discussion on Item 36 regarding the Paul Vera zoning case. Mr. Gunning reported that Mr. Vera's property was in compliance. There was no public comment. Mr. Noyola asked what the consequences would be if Mr. Vera failed to comply with any of the requirements of the ordinance at any time from now into the future. Mr. Gunning replied that the Council had directed staff that if Mr. Vera's property were to fall out of compliance at any point, the city would take action to close his business down through the new Environmental Court. City Secretary Chapa polled the Council on their votes as follows: Minutes - Regular Council Meeting December 16, 2003 - Page 22 36. ORDINANCE NO. 025 5 97 Ordinance amending the Zoning Ordinance upon application by Paul S. Vera by changing the zoning map in reference to Laguna Acres, Block 1, Lot 12 and a portion of Lot 11, (currently zoned "R-1B" One - family Dwelling District and "B-1"/SP Neighborhood Business District with a special permit) by granting a special permit for an auto repair use and to correct the building expansion setback subject to a site plan and ten (10) conditions; amending the comprehensive plan to account for any deviations from the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye "; Kelly voting "No". Mayor Neal opened discussion on Item 37 regarding the minor league baseball team. City Secretary Chapa announced that Mr. Kelly would be abstaining from the discussion and vote on this item. City Manager Noe stated that this action would make the non - binding MOU, approved by the Council on September 30, 2003, a binding document. He said that although significant progress has been made in drafting the final lease, it will not be ready for execution prior to spending dollars before actual demolition/construction commences in January. He said as an interim measure, the approval of the MOU as a binding agreement fulfilled the contract requirement to proceed with the construction phase of the project. Mr. Noe said the final lease still under development would be presented for Council consideration prior to the sale of bonds for the project currently scheduled in February 2004. Mr. Noe noted that the formal adoption of a lease by the Council takes approximately 90 days, per the city charter. He said staff had checked with bond counsel and Mr. Jeff Leuschell, and they concurred that this action met with the legal requirements of the ordinance. Assistant City Manager Mark McDaniel pointed out an amendment on the draft MOU, under Item 2 - Purpose of this Agreement, where a date needed to be changed from "April 1, 2004" to "January 31, 2004 ". He said this would be the date by which the city would finalize the lease agreements with RSR Sports, Inc. as the City Manager had mentioned. Mayor Neal asked for public comment. Mr. J.E. O'Brien, 4130 Pompano, asked how much the city would lose during the first year of operations for the baseball stadium. Mr. Noe replied that the city would lose nothing. He explained that the lease agreement arranged a rent payment to the city of $50,000, and the city had no stake in profits or losses. Mr. McDaniel added that by January 31, a cash -flow analysis indicated that it would be under $500,000. Council Member Chesney noted that by approving this item, the Council was keeping their promise to the voters that the city would not spend any construction dollars until the city had a signed deal with RSR Sports, Incorporated to bring baseball to Corpus Christi. Mr. Chesney made a motion to amend the motion as recommended by Mr. McDaniel earlier, seconded by Mr. Colmenero, and it passed. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting December 16, 2003 - Page 23 37. MOTION NO. 2003-452 Motion authorizing the City Manager to execute a binding agreement with RSR Sports, Inc., of Round Rock, Texas relating to the location and operation of a minor league baseball team in the City. The foregoing motion was passed and approved as amended with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye "; Kelly abstained. Mayor Neal opened discussion on Item 38 regarding a Lease of Port property for the baseball stadium. Mr. Chapa announced that Mr. Scott and Mr. Kelly would be abstaining from the vote and discussion on this item. City Manager Noe said the Council's action would authorize him to execute the actual land transaction purchasing the property for the stadium site. He said the terms and conditions of the lease would include either an annual payment over thirty years of $90,000 or a lump sum payment up front. He said the agreement also provided that the Port would lease the city the adjacent parking spaces, and the city would sublease them to RSR Sports, Incorporated. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 38. MOTION NO. 2003-453 Motion authorizing the City Manager to execute a Contract of Purchase and Lease of Port property with the Port of Corpus Christi Authority for the City of Corpus Christi baseball stadium and related parking spaces, subject to the certification of funds. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, and Noyola, voting "Aye "; Kelly and Scott abstained. Mayor Neal opened discussion on Item 39 regarding a contract with Gunther -Nash, Incorporated for the seawall reconstruction project. Mr. Jeff Massengill with Shiner Moseley explained that Gunther -Nash Inc. had an affiliation with CCC group. He said Shiner Moseley met with representatives from Gunther -Nash Inc. and were recommending approval. Mayor Neal asked if the city was still under budget on the first two phases of the seawall. Mr. Escobar answered affirmatively. Mayor Neal asked if the work on this section of the seawall would re -route traffic and, if so, when it would begin. Mr. Escobar replied affirmatively, saying that the first segment to be re- routed would take place in February 2004 to prepare for construction in March 2004. Mayor Neal asked if any savings achieved on the project could be used to make improvements on the bayfront. City Manager Noe replied that the funds are limited to seawall related work. In the past, Mr. Noe said that bond counsel has required the city to demonstrate that any expenditures were related to the structural value of the facility or other amenities related to the project. He also said that if the savings were significant, those funds could be used to pay debt off early. There was no public comment. In response to Mr. Scott's question, City Manager Noe replied that staff's goal was to have McGee Beach in presentable order by Spring Break. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting December 16, 2003 - Page 24 39. MOTION NO. 2003-454 Motion authorizing the City Manager or his designee to execute a construction contract with Gunther -Nash, Inc., of St. Louis, Missouri in the amount of $9,900,080.58 for the Seawall Reconstruction Project Contract B -2, Part B Power Street Outfall to Peoples Street. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye ". Mayor Neal opened discussion on Item 40 regarding the convention center expansion. Mr. Kevin Stowers, Assistant Director of Engineering, explained that this was a change order consisting of a number of items. He said the following three major issues represented the bulk of the change order: new Rooftop Air Handling Units; revised conform set of construction drawings to provide additional structural steel; and provision of tube steel and structural steel framing. He said said the total cost for these three items was $607,599. The total change order cost was $872,818. He said there have been very few change orders on this project to date. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 40. MOTION NO. 2003-45 5 Motion authorizing the City Manager or his designee to execute Change Order No. 7 with MoorhouselBeecroft, Joint Venture, LLC, of Corpus Christi, Texas in the amount of $872,8 18 for various mechanical, structural, and other modifications for the Convention Center. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye ". Mayor Neal opened discussion on Item 41 regarding a change order for the arena project. Mr. Stowers reported that the change order addressed a number of items, but mainly consisted of two major issues. First, a group of electrical modifications were needed associated with Vomitory aisle lighting. Second, a mechanical modification was necessary to provide fire dampers to the facility. He said the architect and the project manager had been very thorough about ensuring that the costs were legitimate and fair. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 41. MOTION NO. 2003-45 6 Motion authorizing the City Manager or his designee to execute Change Order No. 6 with Fulton Coastcon, Joint Venture, of Corpus Christi, Texas in the amount of $132,190 for various mechanical modifications for the Multi - Purpose Arena. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye "; Kelly abstained. Mayor Neal opened discussion on Item 42 regarding the Pope Park Master Plan. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting December 16, 2003 - Page 25 42, MOTION NO. 2003-457 Motion to amend the Pope Park Master Plan that was approved by City Council on September 9, 2002, by including construction of a basketball court and removal ofa baseball backstop. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye ". Mayor Neal opened discussion on Item 43 regarding funding for arts and cultural organizations from the Hotel Occupancy Tax Fund. Mayor Neal asked for public comment. Mr. Brad Condit, President of the Corpus Christi Ballet, disagreed with the Arts & Cultural Commission's decision to deny his organization the opportunity to submit an application for funding. He appealed the Council to direct the Arts & Cultural Commission to consider their application. Mr. Chuck Anastos, former Chairman ofthe Arts & Cultural Commission, replied that the commission denied the Corpus Christi Ballet's funding request because their completion report for the previous year was four days late. Mr. Anastos stated that the commission had a set of guidelines they used to ensure that the funding process was fair and equitable. He said the Corpus Christi Ballet simply did not follow the required guidelines. City Secretary Chapa polled the Council for their votes as follows: 43. MOTION NO. 2003-45 8 Motion approving the allocation of $71,500 from the Hotel Occupancy Tax Fund and $21,000 from the General Fund to fund a total of 18 arts and cultural organizations. Funding is authorized in the FY 2003 -2004 budget. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye "; Kelly abstained. Mayor Neal opened discussion on Item 44 regarding the Bayfront Master Plan. City Manager Noe explained the Items 44a -f would achieve the following actions: agreements with each of the city's partner agencies on the Bayfront Master Plan project; appropriates the funds for this purpose; and authorizes the execution of an amendment to the city's current contract with TVS, Gignac and Company to undertake the master plan project. He asked Mr. Raymond Gignac to discuss the plan to obtain public input on the project. Mr. Gignac said the design team was sensitive to the need for public input on this project. He said there would be three scheduled events to coincide with the three phases of the project - data gathering, initial designs and design refinements - to encourage public comment, including important stakeholders. He said websites would also be set up to obtain input. Mayor Neal asked what the time frame for this process would be. Mr. Gignac replied that upon Council approval today, they would begin the process right after the beginning ofthe year, and would last for several months. City Manager Noe added that he has asked the team to finish the process by the May /June time frame, in case the Council wanted to consider any portion of the project for Bond 2000. There were no comments from the audience. Council Member Kinnison stated that he would like to have the public input process explained in more detail in January 2004. He recently attended a session at a conference dealing Minutes - Regular Council Meeting December 16, 2003 - Page 26 with civic involvement, and he said the message he took away from it was that public hearings were not enough. He said it was necessary to do whatever it took to obtain public input, including going to malls and providing surveys. He said it was important to target different populations through different methods. Mr. Gignac replied that staff and the design team had discussed developing a survey to obtain feedback. Mr. Kinnison stated that he wanted to be able to show that the process used was comprehensive. City Manager Noe replied that staff and the team were designing the input process to that end. Council Member Scott asked staff to provide Mr. Gignac and the design team with copies of previous plans for the bayfront, including the Veteto plan and the Mud Gulch plan by Mr. Larry Urban and Mr. Scott Johnson, the pedestrian pathways plan by Mr. Scott Johnson, and the Harbor Place plan by the Chamber of Commerce. Council Members Chesney and Noyola noted that Mr. Gignac was a local participant and partner in the project. City Secretary Chapa polled the Council for their votes as follows: 44.a. RESOLUTION NO. 025598 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Regional Transportation Authority in the amount of $20,000 for the Bayfront Master Plan. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye ". 44.b. RESOLUTION NO. 025 599 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Downtown Management District in the amount of $20,000 for the Bayfront Master Plan. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye ". 44.c. RESOLUTION NO. 025600 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Metropolitan Planning Organization in the amount of $20,000 for the Bayfront Master Plan. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye ". Minutes - Regular Council Meeting December 16, 2003 - Page 27 44.d. RESOLUTION NO. 025601 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Port of Corpus Christi Authority in the amount of $20,000 for the Bayfront Master Plan. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye ". 44.e. ORDINANCE NO. 025602 Ordinance appropriating $20,000 from the Regional Transportation Authority, $20,000 from the Downtown Management District, and $20,000 from the Metropolitan Planning Organization into the Park Capital Improvement Program Fund No. 3280 for the Bayfront Master Plan; and amending the Capital Budget FY 2002 -2003 adopted by Ordinance No. 025144 to increase appropriations by $60,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye ". 44.f. MOTION NO. 2003-45 9 Motion authorizing the City Manager or his designee to execute Amendment No. 4 with Thompson Ventulett and Stainback and Associates, Inc., of Atlanta, Georgia in the amount of $100,000 for planning services associated with the development of a Bayfront Master Plan. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye ". Mayor Neal opened discussion on Item 45 regarding the approval of plats within the extraterritorial jurisdiction (ETJ) of the city. City Manager Noe stated that the following items would authorize the city to provide for centralized and coordinated platting of properties in San Patricio and Kleberg Counties in the city's ETJ. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 45.a. RESOLUTION NO. 025603 Resolution authorizing the Mayor or his designee to execute an interlocal cooperation agreement with San Patricio County relating to the approval of plats within the extraterritorial jurisdiction of the City of Corpus Christi. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye ". Minutes - Regular Council Meeting December 16, 2003 - Page 28 45.b. RESOLUTION NO. 025604 Resolution authorizing the Mayor or his designee to execute an interlocal cooperation agreement with Kleberg County relating to the approval of plats within the extraterritorial jurisdiction of the City of Corpus Christi. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye ". Mayor Neal opened discussion on Item 46 regarding litigation with Gulfterra Energy Partners. Assistant City Manager Jorge Cruz -Redo explained that the first item resolved the long- standing dispute the city has had with Gulfterra and established the framework for implementing the uniform charges for use of city right -of -way and property. He said the implementation of the ordinance on one reading acknowledges payment from the company for $3 million, which was received today. He said the second item amended Section 55 -3 of the code to incorporate the requirements to the ordinance into the ordinance itself. There were no comments from the audience. Mayor Neal thanked Mr. Jimmy Bray, former City Attorney, for his assistance on this case. City Secretary Chapa polled the Council for their votes as follows: 46.a. ORDINANCE NO. 025605 Ordinance approving the License Agreement between the City of Corpus Christi and Gulfterra Energy Partners, L.P. settling claims of the City for past use of City rights -of -way and property by Gulfterra and its predecessors; granting to Gulfterra the right to use certain City rights -of -way and property for pipelines transmitting natural gas, natural gas liquids, and other petroleum products for a term of ten years with one ten -year renewal term; establishing the charges for such use of public property; providing for equitable fees; providing for protection of City rights -of -way, property, and interests; providing for related matters; and superseding and revoking prior agreements. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye ". 46.b. ORDINANCE NO. 025 606 Ordinance amending Section 55 -3 of the Code of Ordinances of the City of Corpus Christi regarding the requirement of consent of the City for natural gas pipelines and conveyance of natural gas using the City rights -of -way or property and serving customers within the City; providing for penalties; and providing for severability. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye ". * * * * * * * * * * * * * Minutes - Regular Council Meeting December 16, 2003 - Page 29 Mayor Neal called for petitions from the audience. Mr. J.E. O'Brien, 4130 Pompano, spoke regarding the city's lack of implementation of aspects of Proposition 13, saying that the Taxpayers Association was starting a petition to bring the issue to a vote. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. City Manager Noe announced that Mr. Craig E. Clark has been appointed as the Corpus Christi District Engineer by the Texas Department of Transportation, effective January 1, 2004. He will be replacing Mr. David Casteel. Mayor Neal called for Council concerns and reports. Mayor Neal wished everyone a Happy Holiday season. Mr. Garrett also wished everyone a happy and safe holiday. Mr. Chesney congratulated Officer Manzano because his son was sworn -in as a member of the Corpus Christi police force. He also recognized Mr. Eddie Galvan because the Miller Band Hall was renamed in his honor. He thanked the police officers and firemen who participated in the Guns n' Hoses charity event. He congratulated Mr. Lee Gwozdz for the success of the holiday symphony event. He also mentioned that the pee wee football he sponsored had defeated Mr. Scott's pee wee football team. Finally, he wished staff and the community a happy holiday season. Mr. Noyola also congratulated Officer Manzano. He said he was notified that the area near Tiger Lane and Carroll Lane was ineligible for speed humps because it was a collector street. He asked Mr. Noe to see about heightening police surveillance of the area to discourage speeding. He also wished everyone a safe and happy holiday. Mr. Colmenero congratulated staff for the success of the latest neighborhood clean-up effort. He wished staff and the community a happy holiday season. Mr. Kelly thanked staff for their prompt attention to the problem with pit bulls in the northwest area. He noted that another fatal accident had occurred on Northwest Boulevard. He asked staffto monitor the county's progress on constructing County Road 52 as well as any efforts by TxDOT to alleviate the problem. He wished everyone a Happy Holidays. Mr. Scott wished everyone a happy holiday season. He said that in retrospect, 2003 had its share of accomplishments, including Packery Channel, the All - America City award, and the continuing elevation of the JFK Causeway. He thanked City Manager Noe and staff for their efforts in making these things happen. He asked everyone to feel good about their community. He said the One -Stop Shop had improved so much in 2003, and he was looking forward to further improvement. Ms. Cooper announced that the next town hall meeting would be held in the West Oso area on Monday, January 5. She mentioned that she and Council Member Kelly had attended the groundbreaking ceremony for the Old County Courthouse renovation. She wished staff and the citizens a very Happy Holidays and looked forward to next year. Mr. Kinnison thanked staff for a good year, and said he looked forward to facing the Minutes - Regular Council Meeting December 16, 2003 - Page 30 challenges from next year. In reference to Mr. O'Brien's comments during public comment, he said he looked forward to informing the public in January about who actually benefits from Proposition 13. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 2:45 p.m. on December 16, 2003. * * * * * * * * * * * * * 2 a. MECHANICAL/PLUMBING ADVISORY BOARD — Five (5) vacancies with terms to 1- 02-07 representing the following categories: 1 -- Mechanical Engineer, 2 -- Master Plumber, 1— Air Conditioning and 1-- Home Builder. COMPOSITION: Eleven (11) persons appointed by the City Council: 3 - persons with at least five years active experience as a plumber licensed in the State of Texas, at least three years of which shall have been in Corpus Christi, and currently active in the plumbing trade; at least 2 of whom shall hold Master Plumbers licenses; 1- person with at least 5 years of active experience as a mechanical engineer, who is registered as a professional engineer in the State of Texas; 1- person with at least 5 years experience in the home building industry; 1- person with at least 5 years experience in the commercial building industry; 3 - persons with at least 5 years active experience in heating, ventilation, air conditioning and refrigeration contracting business and licensed in the State of Texas; 1 - person not connected with the building industry; and 1 - person who shall have at least 5 years of active experience in landscape irrigation and is licensed as an Irrigator by the State of Texas. Five members constitute a quorum, and the concurring vote of not less than 5 members of the Board is necessary to constitute an official action of the Board. MEMBERS TERM Robert Knowles (Not conn. bldg. incl.), Vice -Chair 1 -02 -05 Bob Hughes (Air Conditioning), *Mody K. Boatright (Mechanical Eng.) *Patrick Scarpulla (Master Plumber) Sam Beecroft (Commercial Builder) Kevin A. Kemp (Master Plumber) * *Daniel Graf (Master Plumber) *Red Akin (Air Conditioning) Scott Corliss (Air Conditioning) *John Tucker (Home Builder) H. Ray Johnson, Jr. (Irrigator) *Seeking reappointment **Not seeking reappointment 1 -02 -05 1 -02-04 1 -02 -04 1 -02 -05 1 -02 -05 1-02-04 1 -02 -04 1 -02 -05 1 -02 -04 1 -02 -05 ORIGINAL APPTD. DATE 5 -18 -99 9 -09-03 1 -08 -02 8 -11 -99 5 -18 -99 6 -1 0-03 1 -08 -02 1 -08 -02 1-14-03 1 -08 -02 3 -19 -02 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Mody Boatright (Mach. Eng.) 8 Patrick Scarpulla (Mast. Plb.) 8 Red Akin (Air Condition) 8 John Tucker (Home Builder) 8 NO. PRESENT 7 8 8 6 % OF ATTENDANCE LAST TERM YEAR 88% 100% 100% 75% OTHER INDIVIDUALS EXPRESSING INTEREST Tony Brady Bruce D. Hamende Clarence Holt President, Third Coast Construction, Inc. Licensed Home Builder. Member of the Builders Association in the Corpus Christi Area. (Home Builder) (I- 08 -02) Owner/President, Bruce Air Conditioning and Heating, Inc. Certificate in Applied Science for Air Conditioning. Community /professional activities include: Assistant Scoutmaster, Venture advisor and past president of the Coastal Bend Air Conditioning Contractors Association. (Air conditioning) (I - 04 -02) Owner, Ace Air Conditioning. Attended Del Mar College. Licensed in Heating and Air conditioning. (Air Conditioning) (9- 05.03) James M. Horman, Jr. Owner/President, Custom Filtration Plumbing. Licensed Master Plumber. Member of the Associated General Contractors, CCACPCA, BACC. (Master Plumber) (1-OS- 04) Scott Meares Senior Estimator, Anderson Group Construction Management. M.B.A. and B.S. in Construction Management from Louisiana State University. Community activities include: Mentor at Ray High School and the Cattle Barons. (Commercial Builder) (3 -14-02) Joe W. Oliver Inspection Supervisor, Citgo Refining & Chemical. B.S. in Mechanical Engineering, University of Texas at Austin. Professional activities include: American Society of Mechanical Engineers and a Registered Professional Engineer in Texas. Volunteers with youth sport organizations. (Mechanical Engineer) (3- 08 -02) b. TRANSPORTATION ADVISORY CONIIVIITTEE — One (1) vacancy with a term to 430 -05. (Note: One member has traditionally been the security officer at the Naval Air Station.) DUTIES: To be responsible for public advisory jurisdiction and citizen traffic safety investigation, traffic accident, injury and damage prevention in the City; developing and implementing coordinated traffic safety programs which meet local needs; acting in an advisory capacity to the City Council and the City Manager in the coordination of traffic safety activities of the official agencies and departments of the City; promoting public acceptance of official programs proposed or initiated by the City; fostering public knowledge and support of traffic law enforcement and traffic safety problems; cooperating with public and private school systems in promoting traffic safety training aids in the schools; promoting the education of the public in traffic safety and, generally assisting in the overall reduction of traffic deaths, injuries, damage, and accidents on the City's streets. COMPOSITION: Nine (9) members appointed by the City Council for three -year terms to provide advice on transportation and traffic safety matters. One member has traditionally been the incumbent security officer at the Naval Air Station. Elects Chairman and Vice - Chairman annually. Meets 4th Monday of the month, at 2:00 p.m., City Hall, Council Chambers. ORIGINAL MEMBERS TERM APPTD. DATE Anthony Alejandro, Chairman 4 -30 -04 4 -28 -98 Stuart Sher, Vice - Chairman 4 -30 -05 2 -17 -98 Robbie Foster 4-30-04 4-11-00 Grace M. Gonzalez 4-30-05 2 -13 -01 Israel Ybarra 4 -30 -04 9 -10 -96 David V. Seiler 4 -30 -06 5-13-03 Raul Torres 4 -30 -06 5 -13 -03 Don Davenport 4 -30 -06 1-11-00 *MAC Karla Bennett (NAS Security Officer) 4 -30 -05 5 -27 -97 *Resigned (Note: The Transportation Advisory Committee is recommending Annette Torres to fill the vacancy traditionally held by the incumbent security officer icer at the Naval Air Station.) INDIVIDUAL EXPRESSING INTEREST Dale D. Berry Director of Development, Texas A &M- Kingsville. B.A. from Howard Payne University. Member of Beautify Corpus Christi, South Texas Area Rides Association and the Association of Fund Raising Professionals. Would like to serve as an advocate for bike lanes. (1- 24 -02) Linda Hardy Clark Guest Service Manager, Omni Hotels -- Corpus Christi. Resident for 23 years. Volunteer coach/advisor for Youth Bowling at Saratoga Lanes. (3- 25 -03) William J. Green Project Manager, Goldston Engineering. Received B.S. at Rice University. Member of T.S.P.E., A.S.C.E., S.A.M.E. and a former member of the City Manager's Career Development Center. (6- 01 -01) Alex McNair Director of Vehicle Emissions Program, Texas A & M University. B.S. in Computer Science with Minor in Business Administration, Texas A & M University — Corpus Christi. Member of the Air Quality Committee. Mike Patterson Assistant Director of Transportation, CCISD. Holds a B.S. in Criminal Justice and M.B.A. Established special needs transportation within CCISD in 1996. (1- 25 -D1) Annette Torres Assistant Operations Chief for Base Police, United States Navy. Activities include: 5K Liberty Run for Freedom from Domestic Violence, MDA Telethon and Tijuana Wildlife Estuary Project Volunteer. (10- 29 -03) Curtis Weidner Case Manager, Communities in Schools. B.B.A. and M.S. in Secondary Education, M.S. in Educational Administration. Member of the Coastal Bend Advocacy Development Program. (11- 22 -02) CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 1/13/04 AGENDA ITEM: Motion recommending approving the purchase of a 12 Passenger Ford E350 Van and a Ford Police Interceptor Crown Victoria vehicle from the Houston - Galveston Area Council of Governments (H -GAC), for the total amount of $37,974.75. The award is based on the cooperative purchasing agreement with H -GAC. These vehicles will be used by the Aviation Department. Funds are available in FY2003 -2004 Aviation Capital Reserve Fund 4511 Budget. The van is an addition to the fleet and the vehicle is a replacement to the fleet. ISSUE: The Ford Crown Victoria ($20,535.75) is a replacement vehicle for an older Public Safety vehicle that was damaged beyond repair as a result of an electrical fire. At the time of the fire, the vehicle was scheduled for replacement due to its age and high maintenance costs. The Ford 12 passenger van ($1 7,399) is for the Parking and Ground Transportation section. The van currently in use is old and has high maintenance costs, including an engine replacement two years ago. This vehicle is primarily used for transporting passengers to and from the Parking Lot during inclement weather but will also be used for other airport purposes such as airport tours as well as local and out of town business trips. The funding for both vehicles is included in our Airport Capital Reserve Fund 4511 budget. Both vehicles are being purchased through Houston - Galveston Area Council (HGAC), therefore competitive bids were not required. REQUIRED COUNCIL ACTION: Approval of item as recommended. PREVIOUS COUNCIL ACTION: None FUNDING: The amount appropriated for the purchase of these vehicles is included in the Aviation Capital Reserve Fund 4611 in the amount of $48,000. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the Motion as presented. On January 7, 2004, the Airport Board voted to recommend approval of the item as presented. ‘a..- Department Head Signature 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 13, 2004 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to Western oilfield Supply Company dba Rain for Rent of Bakersfield, California, in the amount of $74,294.00 for the Kinney Street Pump Station: Standby Pump Down System. (Project #2202) ISSUE: This project is necessary to provide a stand -by pump system while the Kinney Street Storm Water Pump Station 2003 Project is being constructed. In case of a severe rain event during replacement of the Kinney Street Storm Water pumps, this back up system will provide the necessary means to pump water out of the downtown area. FUNDING: Funding for this project is available in the FY 03 -04 Storm Water Operational budget. CONCLUSION AND RECOMMENDATION: Approval of the motion is recommended to award a contract. Va MI 'e Gray, ' E. Dir T.' or of Storm Wat - r Services Attachments: Exhibit "A" Background Exhibit "B" Bid Tab Exhibit "C" Exhibit "D" Project Budget Location Map .4(°, r- 7 At/ ialoa/a3 noel R. Escobar, P. E., Director of Engineering Services H:I HOMEILYNDASIGEN1Stormwater12202 - Kinney Street Stand -by PumplMemo.DOC BACKGROUND INFORMATION SUBJECT: Kinney Street Pump Station: Standby Pump Down System (Project #2202) PRIOR COUNCIL ACTION: 1. July 22, 2003 - Approval of Ordinance adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2003; to be filed with the County Clerk and appropriating monies as provided in the budget. (Ordinance No. 025394) PRIOR ADMINISTRATIVE ACTION: 1. November 0, 2003 -- Execution of a small consultant agreement with Boatright Engineering in the amount of $11,000 for the Kinney Street Pump Station: Standby Pump Down System. BACKGROUND INFORMATION: The Kinney Street Storm Water Pump Station requires more pumping capacity. More pumping capacity will remove downtown storm water faster. The Kinney Street Storm Water Pump Station has two (2) pump units. One pump unit is diesel powered and the other pump unit is electric powered. • Under the original contract for the Kinney Street Pump Station 2003 (awarded by City Council on June 24, 2003) the existing diesel pump unit will be replaced. The new diesel powered unit will be able to be started automatically, where the existing unit had to be manually started. • Under Change Order No. 1, the 25,000 GPM electric pump will be upgraded, including extending the pump to lower the sump residual volume. The upgraded electric pump will continue to be used for normal draw down of the sump due to seepage and light rain events once the new station is built and connected to the existing system. Under this separate contract, a stand -by pump down system will be provided while the Kinney Street Storm Water Pump Station 2003 Project is constructed. The proposed project will allow pumping capacity while the existing large diesel engine- driven pump is removed and replaced. This project is necessary to protect the downtown area in the occurrence of a large rain event during construction of the current pumps. PROJECT DESCRIPTION: The proposed project consists of providing standby pumps with self contained power units, temporary suction and discharge piping, an automated level sensed start stop and throttling system, removal of the system when required and installing a new plate cover on the concrete discharge conduit opening in accordance with the plans, specifications and contract documents. BID INFORMATION: This project consist of a base bid and five (5) additive alternatives. The City received proposals from three (3) bidders on December 3, 2003. (See Exhibit "B ") The base bid amount ranged from $74.294.00 to $125,OOO.00. The Engineer's estimate for the base bid was $75,000.00. One bidder did not include a bid bond in the proposal package and was deemed non - responsive, but this did not affect the priority bid order or award. The five additive alternatives provided for additional rates for leaving the equipment on site for longer periods of time. City staff and the City's engineering consultant, Boatright Engineering, has determined that the equipment will not be needed past the base bid time limit and the City will not need to award any additive alternatives. Western Oilfield Supply Company dba Rain for Rent of Bakersfield, California was the lowest responsive bidder. Therefore, the City's Consultant, Boatright Engineering, and city staff, recommend that based on low bid and satisfactory recommendations, that a contract be awarded to Western Oilfield Supply Company dba Rain for Rent of Bakersfield, California, in the amount of $74,294.00 for the Kinney Street Pump Station: Standby Pump Down System. CONTRACT TERMS This project is scheduled to take 49 calendar days with completion estimated to be in March 2004. ft" 1ofI MMMUMV8 i 'i'i: $75 OOO *sJhabores Constr Co Inc 4645 Arlene CCr TX 78411 I 01112 P=Cx *135.000.00 -$151000100 $15,000.00 $45,000.00 $250,000-0011 $500,000.00 fl 0►11' BIDS ONES -113-1 CW U I&MMMSK E M CITZ CW Cori= MCM W: AngaL it. 0 = P. Ali . , eabox of � s Da'1'S: 3 2003 Cm or 49 Kinney Street Pusp Station: Western Oilfield Supply Co dba R3 Black Civil Contr Inc Machine � Standby Pump Dmm System Rain for Rent Material Inc (Joint venture) Project No. 2202 PO Box 2248 PC Box 621$ Bakersfield, CA 93308 CC, TX 78466 'tT VR=CR AUX=U91 DR= 0112 Bqufpaa*nt Mobilization ( ten (10) maw far days) and demobilization (five (5) calendar days) plus 34 calendar days e$uipment on . site and operative (49 calendar days total) $74,294.00 $86400.00 SWPLEMZMTAL BID: Its Additional pir day rate Total Cost $5,f498-00 M125-00 1 for leaving ion Per Day site and operative or ' Iters Additional weekly (7 day) Tota. Cost $160490.00 $7,075.00 2 rate for leaving equipment Per Nook on sits and operative or Item Additional monthly (30 Total Cost $420054.04 $33,754.00 3 day) rate for leaving Per Month egnipraent on sits and operative or ItM Additional Wx month (182 Total Cost $257r270,00 $204,754.00 4 day) rate for leaving ger sig •gu.Pmeat on a,t■ and Month ' operative or Period ttOM Additional twelve month Total Cost $482r378.00 $3900525.00 5 (365 day) rate for leaving Per Twelve ' aqu.peaent on site and nth G operative, gsriod * - ave Sid - Coaztra+otor did not inainda bdd, band iia , ft" 1ofI MMMUMV8 i 'i'i: $75 OOO *sJhabores Constr Co Inc 4645 Arlene CCr TX 78411 I 01112 P=Cx *135.000.00 -$151000100 $15,000.00 $45,000.00 $250,000-0011 $500,000.00 fl PROJECT BUDGET KINNEY STREET PUMP STATION: STANDBY PUMP DOWN SYSTEM (Project No. 2202) January 13, 2004 FUNDS AVAILABLE: Storm Water Operational Fund $99,823.00 FUNDS REQUIRED: Construction (Western Oilfield Supply Co dba Rain for Rent) $74,294.00 Contingencies 7,429.00 Consultant (Boatright Engineering) 11,600.40 Inspection 2,500.00 Engineering Reimbursements 1,500.00 Finance Reimbursements 1,000.00 Miscellaneous (Printing /Advertising, etc) 1,500.00 Total $99,823.00 EXHIBIT "C" Page 1 of 1 \Mproject \iandacgexhibits \ exh2202. dwg NUECES BAY • Roy PROJECT LOCATION twrzypir mre7. LOCATION MAP NOT TO SCALE CORPUS CHRISTI BAY CITY PROJECT # 2202 SHERRILL PARK CITY OF CORPUS CHRISTI STORM WATER PUMP S TA TION VICINITY MAP NOT TO SCALE cf) EXHIBIT "0" KINNEY STREET STORM WATER PUMP STATION STAND -BY PUMP DOWN SYSTEM CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT ii0t DEPARTMENT OF ENGINEERING SERVICES Dd/.0 • 1 of 1 PAGE: 1 o f 1 DATE: 12/23/2003 - — =MP - — - 5 AGENDA MEMORANDUM DATE: January 13, 2004 SUBJECT: Bear Lane Bridge Utility Adjustment (Project No. 7290) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to Jhabores Construction of Corpus Christi, Texas in the amount of $308,548.75 for the Bear Lane Bridge Utility Adjustment. ISSUE: The Texas Department of Transportation ( TXDOT) will replace the existing timber bridge on Bear Lane. An Advanced Funding Agreement has been executed with TXDOT to fund the City's share of replacing the bridge. Utility adjustments must be completed prior to TXDOT letting the bridge replacement project. FUNDING: Funds to finance the proposed project are available in the Water and Wastewater Capital Improvement Budget. RECO MENDA ION: Staff recommends approval of the Motion as presented. A 1/7/01/ E • - o Garana, ' . E. A R. Escobar, P. E., Director of Wat- Department Director of Engineering Services lit 13 0.3 Foster Crowell, Director of Wastewater Department Additional Support Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map H: IUSERS2IHOMEIVELMARIGEMWASTEWATI72901AGENDA MEMO BACKGROUND INFORMATION SUBJECT: Bear Lane Bridge Utility Adjustment (Project No. 7290) PRIOR COUNCIL ACTION: 1. January 19, 1999 -- Resolution authorizing the City Manager, or his designee, to execute an Advance Funding Agreement with the Texas Department of Transportation in the amount of $35,700 for preliminary engineering and bridge construction associated with the Bear Lane Bridge Replacement Project (Resolution No. 023534). 2. December 17, 2002 - Ordinance approving the FY 2002 -2003 Capital Improvement Program . No. 025144 (Ordinance 025144). ADMINISTRATIVE ACTION: 1. April 29, 2003 — Executed Small Agreement for Architect/En ineer Consultant g g Services with LNV, Inc. in the amount of $14,300 for the Bear Lane Bridge Utility Adjustment. PROJECT BACKGROUND: A new bridge structure is to be installed on Bear Lane between Heinsohn Road and Talbert Road to replace an existing timber structure which is both hydraulically and structurally inadequate. An Advance Funding Agreement has been executed with the Texas Department of Transportation (TXDOT)to fund the City's share of replacing the bridge. As per the agreement, the City of Corpus Christi will be responsible for 20% of the bridge replacement cost and 100% of the utility relocation costs. This project is necessary to relocate the existing utilities associated with the bridge replacement project. These adjustments need to be complete close to TXDOT letting the bridge replacement contract in the June 2004 timeframe. PROJECT DESCRIPTION: This project consists of re- routing 620 linear feet of an existing 10 -inch sanitary sewer force main with 10 -inch PVC and 300 linear feet of casing. This project includes installing two (2) concrete air release valve boxes. Also included is 520 linear feet of 12 -inch PVC water line with 300 linear feet of casing for future 12 -inch water line in accordance with the plans, specifications and contract documents. BID INFORMATION: The City received proposals from four (4) bidders on December 10, 2003. See Exhibit "B" Bid Tabulation. The bids range as follows: Total Base Bid From $435,848.75 To $584,830 Total Deductive Alternate No. 1 From $49,800 To $127,200 Deductive Alternate No. 1 consists of the following: • Open trenching for 18 -inch diameter casing for 10 -inch force main • Open trenching for 24 -inch diameter casing for 12 -inch water line H:I USERS2IHOMEIVELMARIGENIWASTEWATtV2901AGENDA BACKGROUND EXHIBIT "A" Page 1 of 2 The Engineer's estimated construction cost for the project is $450,000. The City's consultant, LNV, Inc., and City staff recommend that the Total Base Bid less the Total Deductive Alternate No. 1 be awarded in the amount of $308,848.75 to Jhabores Construction of Corpus Christi, Texas for the Bear Lane Bridge Utility Adjustment. CONTRACT TERMS: The contract specifies that the project will be completed in 90 calendar days, with completion anticipated by mid -May 2004. FUNDING: Funds for this project are available in the FY 2002 -2003 Water and Wastewater Capital Improvement Budget. EXHIBIT "A" Page 2 of 2 H:I USERS2 IHOMEIVELMARIGENIWASTEWATI7290 \AGENDA BACKGROUND i A TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 1 of 6 T TED BY: 'Angel R. Escobar , P . E , . Director of Engineerin � Services g DATE: December 1D, 2003 TIME OF TION: 98 calendar Days ENGINEER ESTIMATE: $450,Q00 0 Bear Lane Bridge Utility Adjustment Jhabores Construction King -Isles, Inc. JalGo, Inc. Projed No 7 94 Company, Inc . 1641 Goldston Road P.O. Box 27365 4645 Arlene Corpus Christi, TX 78411 Corpus Christi, TX Houston, TX 77227 78409 DESCRIPTION QTY. UNIT ON T PRICE AMOUNT ONIT PRICEAMOUNT UNIT PRICE 1. Silt Fence 145 LF $2.75 $ 288.75 $5.00 $525.00 $2.00$210.00 ;92;= 2. Trench Safety 180 LF ------ -$15.00 $2,700.00 $15.00 $2,700.00 $60.00 $10■800.00 3. Bare & Install 18" Diameter 300 LF Casing for Force Main $450.00 $135,004.00 $465.00 $139,500,00 $604.00 $181■200.00 4. 10" PVC Farce Main 620 LF $60.00 $37,244.04 $54.04 $49,600.00 $130.04 $84,604.44 5. 10" - 45' Bend 8 EA $650.00 $5,200.00 $725.00 $5,800.04 $450,40 $3,640.00 6. Air Release Valve Box 2 EA $10,500.00 $21r000.00 $4r950.00 $9,900.00 $5.000.00 $10,000.00 7- Sewer Line Connections 2 EA $1,750.00 $3,504.04 $1,250.00 $2,544.00 $250.00 $500.00 8. Grout & Fill Abandoned 10" Force 620 LF Main $16.00 $9,920.40 $5.50 $3.410.00 $6.00 $3,724.04 9. 10" Plugs for Abandoned Farce 2 Fp, Main $504.40 $1■400.00 $350.00 $704.00 $250.00 $500.00 10. Bore & Install 24" Diameter 300 LF Casing for Future 12" Waterline $495.00 $148,500.00 $490.00 $147,QO0.00 $626.00 $187,800.0.0 11. 12" PVC Waterline (C-900 DR 18) 520 LF $65.04 $33,800.40 $90.00 $46,800.00 $120.00 $62,400.44 12. 12" Plugs for Waterline 2 EA, $570.00 $1,140.00 $490.00 $980.00 $450.04 $900,00 13. Traffic Control 1 LS $3,500.00 $3, 500.00 $4, 404-.00 $4,.000.00 $12,000.00 $12f000.0011 Allowance for Disposal of 19. Ground Water if water is found to be contaminated or if higher 1 LS salinity than adjacent waters. This allowance will have to be authorized by the Director of Engineering Services. TOTAL BASE BID (BID ITEMS 1 THRU 19): $25, 004.00 1 $25.000.00 1 $25, 000.00 1 $25■ 000.00 1 $251 000.00 1 $25, 000.00 $435,848.75 $447,677.50 $584■830.00 TABULATION OF BIDS Page 2 of 6 DEPARTMENT of ENG G - CITY of COPXUS CHRISTI, TEXAS TED BY* ' Angel R. Escobar , P . E . , Director of Engineering ServIces DATE: December 10, 2003 TILS .OF COMPLETION: 90 Calendar Days ENGINEER'S ESTI4MM $450,000.00 Bear Lane Bridge Utility Adjustment Jhabores Construction Ming --Isles, Inc. Jalco. Inc. Project No. 7290 Company, Inc. 1641 Goldston Road P.O. Box 27368 4645 Arlene Corpus Christi, TX 78411 Corpus Christi, TX Houston, TX 77227 78409 DESCRIPTION QTr. UN TT PRICE AMOUNT ONIT PRICE AHOUNT LIN T SCE 14M dMM 14. Bollards with Casing Signs 4 EA $550.00 $2,200.00275.0 $ 0 $1.100.00 $500.00 $2,000.00 15. Remove & Replace Pavement 10 SY Asphalt $65.04 $650.00 $110.00 $1.100.00 $100.00 $1.000.00 16. Erosion Control by Seeding 225 SY $10.04 $2.250.00 $6.50 $1.462.50 $4.00 $900.00 1791 Backfill for Air Release Valve 24 gy Box $20.40 $ 400.00 $100.00 $2,000.00 $15.00 $300.00 18. 12" - 45' Bend 4 EA $650.00 $2.600.00 $900.00 $3,640.00 $350.00 $1.400.00 Allowance for Disposal of 19. Ground Water if water is found to be contaminated or if higher 1 LS salinity than adjacent waters. This allowance will have to be authorized by the Director of Engineering Services. TOTAL BASE BID (BID ITEMS 1 THRU 19): $25, 004.00 1 $25.000.00 1 $25, 000.00 1 $25■ 000.00 1 $251 000.00 1 $25, 000.00 $435,848.75 $447,677.50 $584■830.00 TABULATION of BIDS Page 3 of 6 DEPARTHEMT OF ENGINEERING - CITY OF CORPUS CHRISTI . TEXAS TAB LATED BY: Angel R. E s cabar . P . E . , DiLrector of Engineering Services DATE: December 10, 2403 TIME OF COMPLETION: 94 Calendar Days ENGINEER S ESTIMATE: $450,,000.00 DEDUCTIVE ALTERNATE No. 1 Bear Lane Bridge Utility Adjustment Jhabores Construction King -Isles, -Inc. Jalco, Inc. Company, Inc. 1641 Goldston Road P.O. Box 27368 Project No. 7290 4 645 Arlene Corpus Christi, TX Houston, o TX 77227 Corpus Christi, TX 78411 78409 DESCR EPT3:ON DA --1 Deductive Alternate for Open Trenching 18" Diameter Casing for 10" Force Main DA -2 Deductive Alternate for Ogen Trenching 24" Diameter Casing for 12" Waterline QTY • I UN I UNIT PRIC& I AM0Ur7T 300 I LF 304 I LF TOTAL DEDUCTIVE ALTEMOM No. 1: $200.001 $60,000.00 $224.00 1 $67,200.00 $12 f 2OO.00 UNIT PRICE UNIT PRICE $115.00.1 $34,500.00 $125.00 1 $37.500.00 $72,000.00 $90.00 1 $27,000.00 $76.00 1 $22,800.00 $49,80D.Da " TABULATION OF BIDS Page 4 of f DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI TEXAS TABULATED BY: 'Angel R. Escobar, P.R., Director of Engineering Services DATE: December 10 , 2003 TINE OF CCHPLETION : 90 Calendar Days ENGINEER'S ESTIMATE: $450,000.00 Bear Lane Bridge Utility Adjustment Reese Contracting, Inc. P. C]. Box 8352 Project No: 7290 Corpus Christi ■ TX 78468 DESCRIPTION QTY. UNIT UNIT PRICE ANDUNT 1. Silt Fence 105 LF $9.50 $997.50 2. Trench Safety 180 LF $140.90 $25,362.00 3. Bore & Install 18" Diameter 300 LF $373.94 $112,170.00 Casing for Force Main .4. 14" PVC Force Main 620 LF $33.30 $20.646.00 5. 10" -- 45* Bend 8 EA $625.90 $5r007.20 6. Air Release Valve Box 2 EA $4,383.00 $8.766.00 7. Sever Line Connections 2 EA$879.60 $1.759.20 8. Grout & Fill Abandoned 14" 620 LF $4,90 $3r038-00 Force Main 9. 10" Plugs for Abandoned Force 2 EA $450.30 $900.60 Main 10. Bore & Install 24" Diameter 300 LF $386.20 $115,860.00 Casing for Future 12" waterline 11. 12" PVC Waterline (C-900 DR 18) 520 LF $46.30 $24, 076.04 12. 12" Plugs for Waterline 2 EA $857.40 $1,714.80 13. Traffic Control 1 LS $3,203.60 $3.203.60 Reese Contracting, Inc. me consideaced non-responsive - Invalid Bid Bond. m 0 ft TABULATION OF BIDS Page 5 of 5 DE PARTHENT OF ENGINEERING - CITY OF CORPUS CHRI STI , TEXAS. TED BY: %Angel R. Escobar, P.E.. Director of Engineering Services DATE' De embe . c r , -&D(33 '1'OF COMPLET1UK: 90 Calendar Days ENGINEER T S ESTIMMM : $4So , 000 . o0 Allowance for Disposal of 19. Ground Nater if water is found to be contaminated or if higher salinity than adjacent waters. 1 $ ■004.44 $25x440.44 This allowance will have to be LS 25 authorized by the Director of Engineering Services. TOTAL BASE BID (BID ITEMS 1 THRU 19): 1 I $359,704.00 Reale Contracting, Inc.. is considered non-responsive, - Invalid Bid Bond. e v Nh aM Bear Lane Bridge Utility Adjustment Reese Contracting, Inc. Project No. ! 2 V i■ o■ Box 8352 Corpus Christi, TX 78468 DESCRIPTION QTY- MUT UNIT PRICE AbNXMT 14. Bollards with Casing Signs 4 FA $564.30 $2,557.20 15. Remove & Replace: Pavement 10 Sy $255.54 $2,555.00 ' Asphalt 16. Erosion Control by Seeding 225 SY $2■50 $562.50 17% Backfill for Air Release Valve 24 Sy $51.14 $1■022.00 Box 18 ■ 12" - 45' Bend 4 EA $1,101.64 $4,460.44 Allowance for Disposal of 19. Ground Nater if water is found to be contaminated or if higher salinity than adjacent waters. 1 $ ■004.44 $25x440.44 This allowance will have to be LS 25 authorized by the Director of Engineering Services. TOTAL BASE BID (BID ITEMS 1 THRU 19): 1 I $359,704.00 Reale Contracting, Inc.. is considered non-responsive, - Invalid Bid Bond. e v Nh aM +r fit T ION- OF BIDS Page 6 of 6 DE PARTMEM OF ENGINEERING - CITY OF CORPUS CHRISTI . TEXAS BY: `Angel R. Escobar.. P.E., Director of Enginwering Services DATE: December 10, 2003 TIME OF COMPLETION: 90 Calendar Days ENGINEER' S ESTnO TE : $450, 000.00 DEDUCTIVE AL TE NO, 1 Bear Lane Bridge utility Adjustment Reese Contracting, Inc. Project No. 720 P.O. Box 8352 Corpus Christi, TX 78468 DESCRIPTION QTY . SNIT UNIT PRICE Al9XW DA --1 Deductive Alternate for Open Trenching 18" Diameter Casing 344 LF $96.50 $28,950.40 for 10" Force Main DA -2 Deductive Alternate for Open Trenching 24" Diameter Casing 348 LF $106.59 $311977.04 for 12" Waterline TOTAL DEDUCTIVE ALTERNATE NO. 1: $60,927.00 Reese Contracting, Inc. is considered non-responsive, - Invalid Bid Bond. PROJECT BUDGET BEAR LANE BRIDGE UTILITY ADJUSTMENT (Project No. 7290) January 13, 2004 FUNDS AVAILABLE: Water $1 55,148.17 Wastewater 210,188.58 Total $375,335.75 FUNDS REQUIRED: Construction (Jhabores Construction) $308,548.75 Contingencies (10 %) 30,865.00 Consultant (LNV Engineering) 14,300.00 Land Acquisition 2,523.00 Engineering Reimbursements 4,000.00 Construction Inspection Activity 11, 000.00 Testing 2,500.00 Misc. (Printing, Advertising, etc.) 1,500.00 Total $375,336.75 H: IUSERS2I HOMEIVELMARIGEN IWASTEWAT17290IPROJECT BUDGET PROJECT SITE BEAR LANE BETWEEN NPID & JOE MIREUR (FM 763) 1r am- lip illiq *11414 ',.. , 4 Qj ' tif-11 HWY 44 PROJECT No. 7290 �r N VICINITY MAP NOT TO SCALE LOCATION MAP NOT TO SCALE EXHIBIT "D" BEAR LANE BRIDGE UTILITY ADJUSTMENT CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12/19/2003 MI, MIME Mir IMP AGENDA MEMORANDUM DATE: January 13, 2004 SUBJECT: Seawall Reconstruction Project Contract B -2, Part B — Power Street Outfall to Peoples Street AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Testing Agreement with Fugro South, Inc. of Corpus Christi, Texas, in the $58,340 for the Seawall Reconstruction Project Contract B -2, Part B — Power Street Outfall to Peoples Street. ISSUE: This contract is necessary to provide testing services for the next phase of construction for the Seawall Reconstruction project. FUNDING: Funds for this project are available in the Seawall Capital Improvement Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. el R. Escobar, P. E., irector of Engineering Services 0/43/65 Additional Support Material: Exhibit "A" Background Information Exhibit "B" Testing Agreement Summary Exhibit "C" Location Map I1 1T ADDITIONAL INFORMATION PRIOR ACTIONS: This project has involved a number of complex actions. The most significant Council and administrative actions are attached. See Exhibit A -1. FUTURE COUNCIL ACTION: • Engineering contract for design of Contract D (Coliseum to Holiday Inn). • Seawall Reconstruction Contract D (Coliseum to Holiday Inn). BACKGROUND: The Bayfront Protection Structures include a number of improvements. A summary of those improvements and their condition is attached. See Exhibit A -2. PROGRAM SCOPE: The project consists installing new sheet piling, installing flowable fill under the seawall, new reinforced concrete caps doweled to the existing seawall, repair of cracks and spalls, expansion joint replacement, installing hydrostatic relief systems, demolition and reconstruction of curb inlets, curb and gutter and the seawall apron (sidewalk). This contract will provide testing services to complete this project approved by City Council on December 16, 2003. The details of the testing agreement are attached as Exhibit "B ". PROJECT SCHEDULE: The contract requires that work be completed within 547 calendar days (approximately 18 months) of the start of construction. Construction of work at panels 193 through 178 must be complete by September 15, 2004 RECOMMENDATION: Approval of the motions as presented. H:IHOMEILYNDA51GEN \Seawall \Contract B- 21Testing Agreement'AwdBkgExhA.doc Exhibit A Page 1 of 1 PRIOR ACTIONS PRIOR COUNCIL ACTIONS: 1. November 25, 1997 - Approval of seawall investigation and use of Gateway proceeds (M97- 347); 2. March 24. 1998 - • Motion authorizing the execution of a contract in the amount of $38,804 with Bracco Construction Co. for Seawall Inspection at Panels 205 and 206 (M98 -084); • Motion to authorize award of a seawall condition assessment in amount of $388,000 to Shiner Moseley and Associates, Inc. (M98 -085); • Motion to authorize execution of a Contract for Geotechnical, Laboratory, and Petrography Services related to the Seawall Investigation Project with Bacon Engineering, Inc. for a fee not to exceed $49,000 (M98 -086); and • Motion to authorize execution of a Contract for Non - Destructive /Non- Invasive Investigation Services for the Seawall Investigation Project with W. G. Jaques Company for a fee not to exceed $88,210 (M98 -087). 3. May 29, 200 1 — • Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 for engineering services in the amount of $581 ,000 with Shiner Moseley and Associates, Inc. for the Pilot Seawall Reconstruction Project (Contract A) and Seawall Reconstruction Project B -1 (M2001 -208); and • Motion authorizing the City Manager, or his designee, to execute a geotechnical and materials testing contract in an amount not to exceed $79,802 with Fugro South, Inc. (Gulf Coast Testing Laboratory) for the Pilot Seawall Reconstruction Project (Contract A) and Seawall Reconstruction Project B -1 (M2001 -209). 4. January 15, 2002 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 6 for engineering services in the amount of $87,700 with Shiner Moseley and Associates, Inc. for the Pilot Seawall Reconstruction Project (Contract A) and Seawall Reconstruction Project B -1 (M2002 -022). 5. April 30, 2002 • Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $6,'127,099.50 with Laughlin Environmental, Inc. for the Seawall Reconstruction Project Pilot Program and Contract B -1 (M2002 -123). • Motion authorizing the City Manager, or his designee, to execute an engineering materials and construction contract with Fugro South in an amount not to exceed $49,700 for the Seawall Reconstruction Project Pilot Program and Contract B -1 (M2002- 124). • Motion authorizing the City Manager, or his designee, to execute Amendment No. 7 with Shiner Moseley and Associates, Inc. in the amount of $127,100 for additional construction inspection and management services contract for the Seawall Reconstruction Project Pilot Program and Contract 8-1 (M2002 -125). 6. October 29, 2002 • Motion authorizing the City Manager, or his designee, to execute Amendment No. 8 in the amount of $2,214,900 with Shiner Moseley and Associates, Inc. for the Seawall Reconstruction Project 13-2 (Part A and Part B) — (M2002 -380). • Motion authorizing the City Manager, or his designee, to execute a geotechnical services contract in an amount not to exceed $128,820 with Fugro South, Inc (M2002 -381). 7. November 19, 2002 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 9 to an engineering contract with Shiner Moseley & Associates, Inc. of Exhibit A -1 Page 1 of 3 H:I HOMEILYNDASIGEN \Seawalllcontract B-21AwdPriorAclionsExhA1.doc Corpus Christi, Texas in the amount of $84,748 for the Blucher Arroyo Storm Water Drainage Structure Condition Assessment (M2002 -383). 8. March 4, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 11 to an engineering contract with Shiner Moseley & Associates, Inc. of Corpus Christi, Texas in the amount of $140,400 for the design, negotiation, and construction administration for: • Repair of Blucher Arroyo Storm Water Drainage Structure, • Modification of the Seawall Area, Sidewalk and Curb Re- grading, Storm Water Collection, Drainage and Outfall for the Seawall Pilot and Contract B -1; and • Modifications to the Seawall Area Storm Water Outfall System at McGee Beach (M2003 -091). 9. June 24, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 12 to an engineering contract with Shiner Moseley & Associates, Inc. of Corpus Christi, Texas in the amount of $158,154 for Storm Water Collection and Outfall Lines Condition Assessment (M2003 -227). 10. August 28, 2003 — a. Motion authorizing the City Manager, or his designee, to execute a construction contract with Laughlin Environmental, Inc. of Houston, Texas, in the amount of $4,219,200.00 for the Seawall Reconstruction Project Contract B -2, Part A, Lawrence Street T -Head and Coopers AIIey L -Head Repairs. (M2003 -302) b. Motion authorizing the City Manager, or his designee, to execute an engineering materials testing and inspection contract with Fugro South, Inc., in an amount not to exceed $37,240.00 for the Seawall Reconstruction Project Contract B -2, Part A, Lawrence Street T -Head and Coopers AIIey L -Head Repairs. (M2003 -303) c. Motion authorizing the City Manager, or his designee, to execute Amendment No. 14 to the engineering services contract with Shiner Moseley and Associates, Inc., in an amount not to exceed $1,950,000.00 for design of Seawall Contract C (Marina Reach) and post construction underwater survey services for Contract B- 2. (M2003 -304) PRIOR ADMINISTRATIVE ACTIONS: 1. June 8, 1998 - Award of Amendment No. 1 (additional testing) in amount of $13,470 to Bacon Engineering, Inc. for Geotechnical, Laboratory, Petrography , and Petro ra Services related to the Seawall Investigation Project; 2. February 11, 1999 - Award of Amendment No. 1 (Backwater Levee Gate Report) in amount of $14,350 of seawall condition assessment contract with Shiner Moseley and Associates, Inc.; 3. August 26, 1999 - Award of Amendment No. 2 (Design of Backwater Levee Gate Structures) in amount of $ -0- (change of scope) of seawall condition assessment contract with Shiner Moseley and Associates, Inc.; 4. December 8, 1999 - Award of Amendment No. 3 (Backwater Levee Gate Structures Foundation and Railroad coordination) in amount of $14,350 of seawall condition assessment contract with Shiner Moseley and Associates, Inc.; and 5. March 27, 2000. - Award of Amendment No. 4 (Backwater Levee Gate Structures Construction Phase) in amount of $13,330 of seawall condition assessment contract with Shiner Moseley and Associates, Inc. 6. December 12, 2002 - Award of Amendment No. 10 (Connection Capacity between New and Existing Pile Cap) in amount of $13,000 of seawall condition assessment contract with Shiner Moseley and Associates, Inc. 7. June 10, 2003 — Award of testing contract for concrete evaluation of Pilot Program in the H:IHOMEILYNDASIGENISeawall \Contract B- 2IAwdPriorActionsExhA1.doc Exhibit A -1 Page 2 of 3 amount of $5,632.78 to Wiss, Janney, Elstner Associates, Inc. of Northbrook, Illinois. 8. July 3, 2003 - Award of Amendment No. 13 (storm water condition assessment traffic control) in amount of $24,950 of seawall condition assessment contract with Shiner Moseley and Associates, Inc. 9. July 10. 2003 -- Award of Amendment No. 1 to a testing contract for concrete evaluation of Pilot Program in the amount of $1 0,301.73 to Wiss, Janney, Elstner Associates, Inc. of Northbrook, Illinois. 10. July 31 L 2003 -- Award of Amendment No. 2 to a testing contract for concrete evaluation of Pilot Program in the amount of $9,054.34 to Wiss, Janney, Elstner Associates, Inc. of Northbrook, Illinois. Exhibit A -1 Page 3 of 3 H:IHOMEILYNDASIGEN \Seawall \Contract B- 21AwdPriorActionsExhAl .doc BAYFRONT PROTECTION & CONDITION ASSESSMENT BAYFRONT PROTECTION STRUCTURES: Construction of the Bayfront Protection Structures began in 1939. The most identifiable portion of these structures is the concrete steps and apron panels (sidewalk). However, the Bayfront Protection Structures and other seawall or bulkhead type structures also includes the L and T- heads, breakwaters, riprap, and the earthen levy extending to the Harbor Bridge. The structures incorporated into the Bayfront Protection include: 1. Vertical Bulkheads consisting of steel sheet pile main wall with reinforced concrete caps; 2. Sloped Slabs on Grade with shallow steel sheet piles "cut -off" wall at the lower edge; 3. Stepped Seawall Sections which are timber pile supported reinforced concrete beam - and -slab structures with four transverse beams extending from a top longitudinal girder (head beam) to a bottom steel sheet pile /concrete cap (beam). The seawall section beams are supported on creosote treated timber foundation piles with the top surface of the slab being formed into steps conforming to the slope of the seawall. Each section is headed at the top with a longitudinal beam for the full length (40') of the section and ended at the bottom with a longitudinal pile cap beam along a steel sheet pile wall. See Exhibit B -2. Three different designs of these sections were used with a fourth modification without steps used at two locations. Additionally, two large pressure discharge storm drains are installed through the seawall that are of a significant size that the integrity of the line upstream is a major consideration during storm tides. Storm Drain Sluice Gates also are installed through the seawall. Weepholes (filtered relief ports) were also installed in each section of the seawall to help alleviate excessive hydrostatic pressure behind the steel sheet piling. CONDITION ASSESSMENTS: The more recent condition assessments of the Seawall include: 1. November, 1 980 - A Study of the Structural Integrity of the Peoples Street T -Head, Including the Necessity, if any, for Piling. Ogletree & Gunn, Inc.; 2. October, 1981 - Engineering Study & Recommendation for L -Head and T- Head and Breakwater Improvements. Goldston Engineering; 3. July, 1 985 - Report on Condition Survey & Inspection of the Corpus Christi Seawall. Ogletree, Byrne, Welsh & Hubner Engineering; and 4. June, 1987 - Preliminary Review for the Proposed Improvements to Barge Dock & Water Circulation Tunnels. Ogletree Engineering, Inc. 5. November, 1 999 - Seawall Investigation Project Final Report. Shiner Moseley and Associates, Inc. H :IHOMEILYNDASIGENISeawaii \Contract B- 21AWDConditionExhA2.doc Exhibit A -2 Page 1 of 2 The most recent study by Shiner Moseley included geotechnical testing and analysis, a pile condition or capacity assessment, concrete compression testing, laboratory tests of reinforcing steel, concrete petrography, inspection and assessment of timber piles, assessment of anchor rod and turnbuckle conditions, void detection, or use of new non- destructive investigation techniques (Ground Penetrating Radar). (Concrete petrography is the process of conducting tests on concrete samples (cores) to determine /verify the original concrete mix design, water /cement ratios, and other physical concrete properties.) Additionally, it was determined that an investigation of representative sidewalk panels would be beneficial. Two panels were selected for further investigation based upon visual inspection of cracking patterns and void ing under the apron panels (panels 205 & 206). ASSESSMENT FINDINGS: The structure is over 60 years old. Marine structures of this type are typically designed with a much shorter life and require major maintenance after 30 to 40 years. The seawall has performed very well, but has received only the most minimal maintenance. Key findings were: 1. the overall protection system is intact, but is in need of reconstruction to ensure its continued viability; 2. soil has been lost under the seawall creating voids along its entire length; 3. the rear timber piles examined were decayed from fungus attack with up to half the pile diameter lost, and marine borers have damaged the front row of pilings; 4. concrete was found to be of a very high quality, but corrosive salts are penetrating through the concrete; 5. reinforcing steel is not yet experiencing general corrosion, but where cracks allowed seawater to penetrate to the steel there was limited areas of significant corrosion; 6. there are noticeably large cracks in almost all of the 40 -foot long concrete panels that make up the seawall which appeared to have originated due to temperature shortly after construction; and 7. sheet pilings that is supposed to seal a_ nd support the front of the seawall were found to be deteriorated which weaken the wall and allow sand under the seawall and sidewalk to leak out. Exhibit A -2 Page 2 of 2 H:I HOMEILYNDASICEN \SeawalllContract B- 21AWDConditionExhA2.doc TESTING AGREEMENT SUMMARY SUBJECT: Estimated Testing Services During Construction SEAWALL RECONSTRUCTION PROJECT CONTRACT B -2, PART B POWER STREET OUTFALL TO PEOPLES STREET PROJECT No. 3264 Corpus Christi, Texas FSI Proposal No. 1 602 -03 -034 Gentlemen: In accord with your request, we have developed the attached budget for the subject services in the amount of $55,940.00. This is a flexible budget and testing services actually performed could be more or Tess than budgeted based on actual job conditions, engineer's instructions, weather conditions, contractor's efficiency in scheduling and utilizing our services, and other factors which may affect this project. If additional or less testing is required, the work will be performed at the unit fees shown. Your consideration of our firm is appreciated and we look forward to assisting you during the construction phase development of this project. EXHIBIT "A" - BUDGET ESTIMATE TASK QUANT. RATE COST 1. CONCRETE IN -FILL (AREA 1) Concrete Sampling & Testing w/ slump,air temp & mix temp, 18 $115.00 2,070.00 per set of 4, lab cured, 1 test J 7 and 2 Ja 28 days Engineering Technician; per hr. (Stand -by over 1/2 hr per set) 18 $40.00 720.00 2. FLOWABLE FILL (AREA 2) Flowable Fill Sample & Test w /unit weight,air temp & mix temp, 18 $115.00 2,070.00 per set of 3, lab cured, 2 tests aJ 7 days ASTM 0940 3 $325.00 975.00 Engineering Technician; per hr. (Stand -by over 1/2 hr per set) 18 $40.00 720.00 3. CONCRETE PILE CAP (FRONT WALL) Concrete Sampling & Testing w/ slump,air temp & mix temp, 32 $125.00 4,000.00 per set of 5, LAB cured, 2 tests @a 7 and 2 @ 28 days Concrete Sampling & Testing w/ slump,air temp & mix temp, 32 $135.00 4,320.00 per set of 5, FIELD cured, 2 tests a( 7 and 2 Ja 28 days Engineering Technician; per hr. (Stand -by over 1/2 hr per set) 8 $40.00 320.00 Engineering Technician; per hr. (Stand -by - overtime) 24 $52.00 1,248.00 4. FLOWABLE FILL (AREA 3) Flowable Fill Sample & Test w/unit weight,air temp & mix temp, per set of 3, lab cured, 2 tests J 7 days 18 $115.00 2,070.00 EXHIBIT "B" Page 1 of 3 Page 2 of 3 FUGRO SOUTH, INC. GULF COAST TESTING LABORATORY ESTIMATED TESTING SERVICES DURING CONSTRUCTION SEAWALL RECONSTRUCTION PROJECT CONTRACT B -2, PART A CITY OF CORPUS CHRISTI PROJECT #3230 EXHIBIT "A" BUDGET TEST OR ITEM DESCRIPTION UNIT QUANTITY UNIT FEE TOTAL ASTM C940 3 $325.04 975.00 Engineering Technician; per hr. (Stand -by over 1/2 hr per set) 32 $40.00 1,280.00 5. COMPACTED BACKFILL (INITIAL) Sampling Charge, each 2 $40.00 80.00 Moisture/Density Relationship - FILL (ASTM D 698), each 2 $150.00 300.00 In -Place Density @ 1 per 150 ft per lift 50 $28.00 1,400.00 Engineering Technician; per hr. (Stand -by over 1/2 hr per test) 10 $40.00 400.00 6. CONCRETE PILE CAP (REAR WALL - LOWER PORTION) Concrete Sampling & Testing w/ slump,air temp & mix temp, 32 $125.00 4,000.00 per set of 5, LAB cured, 2 tests Ja 7 and 2 J 28 days Concrete Sampling & Testing w/ slump,air temp & mix temp, 32 $135.00 4,320.00 per set of 5, FIELD cured, 2 tests a(7 and 2 @ 28 days Engineering Technician; per hr. (Stand -by over 1/2 hr per set) 8 $40.00 320.00 Engineering Technician; per hr. (Stand -by -overtime) 24 $52.00 1,248.00 7. COMPACTED BACKFILL (FINAL) & SUBGRADE a@ APRON, ACCESSIBLE PARKING, ETC Sampling Charge, each 4 $40.00 160.00 Moisture/Density Relationship SUBGRADE (ASTM D 698), ea 2 $125.00 250.00 Moisture/Density Relationship FILL (ASTM D 698), each 2 $150.00 300.00 In -Place Density @ 1 per 3000 sq ft per lift 40 $28.00 1,120.00 Engineering Technician; per hr. (Stand -by over 1/2 hr per test) 20 $40.00 800.00 8. CONCRETE •- REAR PILE CAP UPPER, APRON, C &G, BUS TURNOUTS, ETC. Concrete Sampling & Testing w/ slump,air temp & mix temp, 30 $125.00 3,750.00 per set of 5, LAB cured, 2 tests @ 7 and 2 J 28 days Concrete Sampling & Testing w/ slump,air temp & mix temp, 30 $135.00 4,050.00 per set of 5, FIELD cured, 2 tests @ 7 and 2 J 28 days Engineering Technician; per hr. (Stand -by over 1/2 hr per set) 5 $40.00 200.00 Engineering Technician; per hr. (Stand -by - overtime) 25 $52.00 1,300.00 9. PROTECTIVE POLYUREA COATINGS (Waterside Pile Cap) Holiday Testing(Electric Spark testing); per hr. 63 $80.00 5,040.00 Adhesion Testing(ASTM D 454); each 126 $30.00 3,780.00 Mil Thickness Verification (by SMA) subtotal 53,586.00 EXHIBIT "B" Page 2 of 3 Page 3 of 3 FUGRO SOUTH, INC. GULF COAST TESTING LABORATORY ESTIMATED TESTING SERVICES DURING CONSTRUCTION SEAWALL RECONSTRUCTION PROJECT CONTRACT B -2, PART A CITY OF CORPUS CHRISTI PROJECT #3230 TEST OR ITEM DESCRIPTION EXHIBIT "A" BUDGET UNIT QUANTITY UNIT FEE TOTAL Contingency Allowance for Additional Scope of Services /Consultations/Etc. Lump Sum (Approx 10 %) 1 $5,354.00 5,354.00 BUDGET TOTAL 58,940.00 EXHIBIT "B" Page 3 of 3 File : \ Mproject \councilexhibits \exh3264.dwg ROAD 1H37 AGNES CORPUS CHRIST] AIRPORT NUECES BAY .4ix1/4,§k LOCATION MAP NOT TO SCALE PROJECT LOCATION CORPUS CHRISTI BAY PEOPLE'S STREET T —HEAD SITE MA NOT TO SCALE GREEN • CITY PROJECT No. 3264 PROJECT EXTENTS EXHIBIT "C" SEAWALL RECONSTRUCTION PROJECT CONTRACT 8 -2, PART B, LAWRENCE ST. T-HEAD & COOPERS ALLEY L - HEAD REPAIRS CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT it DEPARTMENT OF ENGINEERING SERVICES PA(;F • 1 n f 1 PAGE: 1 of 1 DATE: 12 -30 -2003 MUM SIM NW OM NW MOM 7 AGENDA MEMORANDUM DATE: January 13, 2004 SUBJECT: Regional Transportation Authority (RTA) Bus Stop Miscellaneous Street Improvements, Phase 2A (Project No. 6195) AGENDA ITEM: a. Motion ratifying the execution of Amendment No. 2 with Engineering & Construction Management Services, Inc. of Corpus Christi, Texas for a fee not to exceed $10,000, for a total re- stated fee of $34,400, for the Regional Transportation Authority (RTA) Bus Stop Miscellaneous Street Improvements, Phase 2A. b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 with Engineering & Construction Management Services, Inc. of Corpus Christi, Texas for a fee not to exceed $5,420, for a total re- stated fee of $39,520, for the Regional Transportation Authority (RTA) Bus Stop Miscellaneous Street Improvements, Phase 2A. ISSUE: Amendment No. 2 exceeded the $25,000 administrative authorization requiring Council approval. Ratification is being requested to ensure conformance with statutory requirements. Approval of Amendment No. 3 requires council action in that Council never authorized the contract to exceed the $25,000 statutory limit. This Amendment provides for construction and contract management and field inspection services. FUNDING: Funding is available from the FY 2002 -2003 Street Capital improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. ngel R. Escobar, P. E., �t Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Location Map H:1HOME1KEVlNSIC ENISTREETSI6114RTAlOcanaslAmd3Memo .dac BACKGROUND INFORMATION SUBJECT: Regional Transportation Authority (RTA) Bus Stop Miscellaneous Street Improvements, Phase 2A (Project No. 6195) PRIOR COUNCIL ACTION: 1. July 13, 1 99.9. — Approval of an Interlocal Governmental Agreement with the Regional Transportation Authority (RTA) for street improvement purposes (Resolution No. 023693). 2. July 13, 1999 - Ordinance appropriating $500,000 from the Regional Transportation Authority in the No. 3530 Street Capital Projects Fund for the Special Projects 1999 Street Improvement Program; amending Ordinance No. 023474, which adopted the FY 1998 -99 Capital Budget, by adding $500,000 to the No. 3530 Street Capital Projects Fund; and declaring an emergency (Ordinance No. 023694). 3. May 9, 2000 — Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Shiner, Moseley & Associates, Inc. in the amount of $49,090 for the Regional Transportation Authority Miscellaneous Street Improvements (Motion No. M2000 -134). 4. April 17, 200 1 — Resolution authorizing the City Manager, or his designee, to execute an Interlocal Governmental, Agreement with the Regional Transportation Authority (RTA) for the RTA to provide the City money annually for street improvement purposes (Resolution No. 024423). 5. Mav 8, 2001 — Ordinance appropriating $500,000 from the Regional Transportation Authority in the No. 3530 Street Bond Fund for the Special Projects 2001 Street Improvement Program; amending the FY 00.01 Capital Budget adopted by Ordinance No. 024162 by adding $500,000 to the Street CIP Fund; and declaring an emergency (Ordinance No. 024436). 6. May 15, 2001 — Ordinance appropriating $331,625 from the Regional Transportation Authority in the No. 3530 Street Bond Fund for the Special Projects 2000 Street Improvement Program; amending the FY 00 -01 Capital Budget adopted by Ordinance No. 024162 by adding $331,625 to the Street CIP Fund; and declaring an emergency (Ordinance No. 024454). 7. May 15, 2001 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the engineering contract in the amount of $49,090 for a total fee not to exceed $98,180 with Shiner, Moseley & Associates for the Regional Transportation Authority (RTA) Miscellaneous Street Improvements (Motion No. M2001 -190). 8. June 25, 2002 - - Ordinance appropriating $500,000 into the Street CIP Fund No. 3530 from the Regional Transportation Authority for the RTA 2002 Special Projects Program, increasing Fund No. 3530.appropriations by $500,000 and declaring an emergency (Ordinance No. 024918). EXHIBIT "A" Page 1 of 4 H: IHOMEI KEVINSIGENISTREETS16114RTAIOcanaslAmd3BkgExhA .dac PRIOR COUNCIL ACTION (continued): 9. February 25, 2003, - Motion authorizing the City Manager, or his designee, to g g execute Amendment No. 3 to the Consultant Contract with Shiner, Moseley & Associates, Inc. for a fee not to exceed $52,020, for a total re- stated fee of $158,870, for the RTA Miscellaneous Street Improvements Project (Motion No. M2003 -077). 10. April 29, 2003 — Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $11 3,667.49 with Third Coast General Contractors for the RTA Bus Stop Miscellaneous Street Improvements, Phase 2 at the following sites (Motion No. M2003 -162): • Leopard at Stillman • Leopard at Jamison • Leopard at Westchester • Leopard at Kennedy 11. September 23, 2003 — Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $100,017 with Barcom Commercial for the RTA Bus Stop Miscellaneous Street Improvements, Phase 2A (Motion No. M2003r -344). PRIOR ADMINISTRATIVE APPROVAL: 1. August 19, 2002 — Executed Small A/E Agreement for Architect/Engineer Consultant Services with Engineering & Construction Management Services, Inc. for a total fee not to exceed $16,000 fot the Regional Transportation Authority (RTA) Bus Stop Miscellaneous Street Improvements. 2. February 18, 2003 — Executed Amendment No. 2 to the Consultant Contract in the amount of $8,670 for a total re- stated fee not to exceed $106,850 with Shiner, Moseley & Associates, Inc. for the RTA Miscellaneous Street Improvements, Phase 2A. 3. March 17, 2003 — Executed Amendment No. 1 to the Small A/E Agreement for Architect/Engineer Consultant Services with Engineering & Construction Management Services, Inc. for a fee not to exceed $2,400, for a total re- stated fee not to exceed $18,400, for the Regional Transportation Authority (RTA) Bus Stop Miscellaneous Street Improvements. 4. May 20, 2003 - Executed Amendment No. 2 to the Small A/E Agreement for Architect/Engineer Consultant Services with Engineering & Construction Management Services, Inc. for a fee not to exceed $16,000, for a total re- stated fee not to exceed $34,400, for the Regional Transportation Authority (RTA) Bus Stop Miscellaneous Street Improvements. This action required Council approval and is being submitted to the Council as Motion "A" for ratification. PROJECT BACKGROUND: July 13, 1999 the City of Corpus Christi entered into an lnterlocal Governmental Agreement with the Regional Transportation Authority (RTA) for street improvement purposes. The proposed project consists of improvements to the intersection of Santa Fe and Morgan Avenue to allow a wider turning radius for south bound buses turning right onto Morgan Avenue. The Regional Transportation Authority (RTA) recently announced the arrival of four (4) 35 -foot long 2003 Opus Bus Fleet due to EXHIBIT "A" Page 2 of 4 H:I HOMEI KEVINSIGENISTREETS16114RTAlOcanas \Arnd3BkgExhA.doc arrive in the Fall 2003. These buses are longer than the 30 -foot Opus Bus vehicles now in operation and offer full ADA compliance. As a result, the intersection along this bus route will be ready for the longer wheel base bus vehicles to reduce the intrusion into the opposing lane of traffic on Morgan Avenue. AMENDMENT NO. 2: The fee for Amendment No. 2 caused the total contract value to exceed the $25,000 administrative limit. This requires Council approval even though the amendment of $15,000 was less that $25,000. The error was realized during the preparation of the Amendment No. 3. The motion of ratification serves as disclosure to Council of the error and is necessary to correct the error. The scope of work consisted of full construction phase services for the following locations: • Leopard at Stillman; • Leopard at Jamison; • Leopard at Westchester; and • Leopard at Kennedy. AMENDMENT NO. 3: The scope of work includes construction and contract management and field inspection services as follows: • Attend and participate at the pre -bid and pre - construction conferences, which will be chaired by Engineering Services. • Conduct a "final inspection" with City and Contractor, and make a recommendation concerning final acceptance. • Visit the site /confer with Contractor to observe the progress and quality of work, and to determine, in general, whether the work is in accordance with project design. • Review and coordinate approval of all contractor's shop drawings and/or submittals with Shiner, Moseley & Associates. • Coordinate necessary change orders during the process of the work. City will prepare and process all change orders. • Review and approve all proposed layouts, lines, levels, and elevations prior to installation or construction to assure project design and intent. • Review the contractors progress payment request and approved schedule of work before submission to the City for processing. • Prepare Daily Progress Reports. • Prepare Monthly Status Reports. EXHIBIT "A" Page 3 of 4 H:1HO MEIKEVI N S1G E NISTREETS16114 RTA10canaslAmd3 Bkg ExhA.doc • Coordinate with contractor and adjacent businesses and RTA to minimize the impact of the progress of construction. EXHIBIT "A" Page 4 of 4 H:I HOMEIKEVtNS1GENlSTREETSI6114RTA Oc anas\Amd3BkgExhA.doc \Mproject\coundiexhibits\exh6195.dwg 4tiso 4. Ship Channel PROJECT LOCATION AGNES CORPUS CHRISTI BAY LOCATION MAP NOT TO SCALE PROJECT No. 6195 EXHIBIT "B" RTA BUS STOP MISCELLANEOUS STREET IMPROVEMENTS, PHASE 2A CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of DATE: 12-22-2003 t:: 8 AGENDA MEMORANDUM DATE: January 13, 2004 SUBJECT: Laguna Madre Wastewater Treatment Plant Aeration System Rehabilitation (Project No. 7169) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 with Goldston Engineering, Inc. for a total fee not to exceed $111,418 for Stage 2 Services for the Laguna Madre Wastewater Treatment Plant Aeration System Rehabilitation Project. ISSUE: A Contract For Professional Services for Stage 1 Services was executed on February 25, 2003. Stage 1 of this project is complete. The proposed AIE Amendment No. 1 is for Stage 2 Services and includes Basic Services and Additional Services for the required improvements. This item requires City Council approval. FUNDING: Funding is available from the FY 2002-2003 Wastewater Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. -2-z) Foster Crowell, Director of Wastewater Department Additional Support Material: Exhibit "A" Background Information Exhibit "B" Location Map H: IUSERS2I HOMEWELMARIGEMWASTEWAT171691AGENDA MEMO g - I R. Escobar, P. E., Director of Engineering Services BACKGROUND INFORMATION SUBJECT: Laguna Madre Wastewater Treatment Plant Aeration System Rehabilitation (Project No. 7169) AMENDMENT NO. 1 PRIOR COUNCIL ACTION: 1. December 17, 2002 -- Approval of the Capital Improvement Program FY 2002 -2003 (Ordinance No. 025144). 2. February 25, 2003 - Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services for Stage 1 Services with Goldston Engineering, Inc. for a fee not to exceed $72,000 for the Laguna Madre Wastewater Treatment Plant Aeration System Rehabilitation Project (Motion No. M2003-078). PRIOR ADMINISTRATIVE ACTION: 1. Februa ry -- 20, 2002 Distribution of Request For Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 2. March 13, 2002 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 Iocal and 14 out -of- town). 3. March 15, 2002, -- Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 Iocal and 14 out -of- town). 4. March 26, 2002 -- Addendum No. 3 to the Request for Qualifications (RFC) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 Iocal and 14 out -of- town). 5. March 28, 2002 — Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). FUTURE COUNCIL ACTION: Approval of a construction contract to complete the subject project. PROJECT BACKGROUND: The Laguna Madre Wastewater Treatment Plant is a 3 MGD Contact Stabilization Plant. The aeration system piping is of ductile iron placed underground from the Blower Building to the Aeration Basins, which operates using a course air bubble system. Due to problems with leaking pipe and high cost of operation, this project will: • Replace all underground air distribution lines with above ground system • Evaluate the effectiveness of replacing the course air bubble system with a fine bubble air diffuser system. H: lU SERS2lHOMEIVELMARIGENIWASTEWAT 171691AGENDA BACKGROUND PROJECT DESCRIPTION:, The scope of work includes Basic Services and Additional Services to rehabilitate the aeration system at the Laguna Madre Wastewater Treatment Plant as follows: 1. Design the following improvements as noted in the Design Memorandum dated September 30, 2003: a. Replace the existing coarse - bubble diffuser system with a fine - bubble diffuser system at the Re- Aeration and Mixing Basins. b. Replace the existing underground air piping with above ground stainless steel air piping. The new piping would extend from the Blower Room blower flanges, through the blower room north wall into a pipe rack. The piping would run above ground going east to Re- Aeration Basins 1 & 2, Mixing Basins and Digester 1 -5. Generally, the new piping would tie into the flange on the extension of the unit. Piping inside the unit would not be replaced. The new piping would also extend west to the Bar Screen/Grit Removal Unit and Sludge Day Tank and Holding Tank. c. Replace the filter unit housing with new stainless steel covers. d. Install a new interior access door in the Blower Room. 2. Attend and participate in project start and planning meetings (2 meetings) with City staff to discuss planning and final design. Gather information and perform close coordination with Wastewater Department staff. 3. Develop a construction schedule and sequencing plan that includes all the items as shown on this Task List. This schedule will include provision for minimum interruption of services and construction schedules with planned Capital Improvement Program (CIP) funding and will also take into consideration recommendations in the appropriate City Wastewater Plans. 4. Prepare one electronic copy and one hard copy of a 60 %, 100% and final submittal. 5. Review with City staff, revise, and submit one approved copy of 60%, 100% and final submittal. 6. During all phases of the project, provide a one -page monthly progress report via email to the designated City staff by the fifth (5th) day of each month. Provide an additional hard -copy of the one -page monthly progress report with the submittal of each monthly invoice. EXHIBIT "A" Page 2 of 2 H: IUSERSZHOMEIVELMARIGENIWASTEWAT \7169\AGENDA BACKGROUND \Mproject\councilexhibits\exh7169.dwg CORPUS CHRISTI BAY N PROJECT No. 7169 LOCATION MAP NOT TO SCALE GULF OF MEXICO EXHIBIT "B" LAGUNA MADRE WASTEWATER TREATMENT PLANT AERA TION SYSTEM REHABILITATION CITY OF CORPUS CHRISTI, MICAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of DATE: 12/22/2003 lisorlatogi 9 AGENDA MEMORANDUM DATE: January 13, 2004 SUBJECT: Interlocal Agreement -- Texas A &M University -- Corpus Christi University Marina Beach Park Project (Project No. 3246) AGENDA ITEM: 1a. Ordinance appropriating $15,000 from Texas A & M University- Corpus Christi into Fund No. 1071 Community Enrichment Grants Fund as a portion of the local match for the University Beach Park Access Improvements project; and declaring an emergency. 1 b. Resolution authorizing the city manager, or his designee, to execute an interlocal governmental agreement with the Texas A &M University— Corpus Christi to provide a portion ($25,000) of the Iocal match required per GLO Contract 03 -021 which consist of in -kind services to perform beach surveys, monitor the beach and to conduct sediment grain size analysis as part of the University Marina Beach Park Project Phase 2 located on Ocean Drive. ISSUE: Approval of an interlocal agreement with another governmental agency is necessary for the TAMU-CC to provide the Iocal match consisting of $15,000 cash and $25,000 of in -kind services as per the GLO Contract 03 -021 awarded to the City February 11, 2003. FUNDING: Funding is available through reimbursement per the GLO Contract Agreement. RECOMMENDATION: Staff recommends approval of the resolution as presented. The execution of this Agreement is necessary to satisfy the conditions of the GLO Contract 03- 021 executed with the City for TAMU-CC to provide a portion of the lo al match as in -kind services. 4..t/ 1/0fi el R. Escobar, P. E., 'rector of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Location Map H :IFiQME\LYNQA$1GENIPARN§13246 - TAMUCC IntarlocallMgmorandum,doc David Ondrias, Acting Director of Parks and Recreation /4i4 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Interlocal Agreement -- -Texas A &M University—Corpus Christi University Marina Beach Park Project Phase 2 (City Project No. 3246) PRIOR COUNCIL ACTION: 1. February 11, 2003 – Motion authorizing the City Manager or his designee to execute all documents necessary to accept a grant of $00,000 (Contract #03 -021) from the Texas General Land Office (GLO) to develop engineering plans and specifications for public access to the University Marina Beach Park located on Ocean Drive adjacent to Texas A &M University ---- Corpus Christi and to conduct beach surveys to monitor the beach. February 11, 2003U - Ordinance appropriating $60,000 from the Texas General Land Office in the No. 1 050 Federal /State Grant fund to develop engineering plans and specifications for public access to the University Marina Beach Park located on Ocean Drive adjacent to Texas A &M University- Corpus Christi and to conduct beach surveys to monitor the beach. FUTURE ACTION: 1 Award of engineering services contract for the design and preparation of contract documents for public access to the beach and other related amenities such as parking, bath house, restrooms, etc. 2. Award of construction contract for the construction of public access to the beach and other related amenities such as parking, bath house, restrooms, etc. BACKGROUND: The GLO Coastal Erosion Planning and Response Act program funded the first phase of the University Marina Beach Park Project (UMBP). The first phase replaced a 1,200 -- foot long section of Corpus Christi Bay Shoreline. The project included the placement of sandy fill material to establish a beach and placement of two terminal groins and three detached breakwaters to stabilize the beach. The beach design is 1,200 feet long by 150 feet wide and stretches along the shoreline across from Texas A &M – Corpus Christi campus, joining the existing hike and bike natural trail. The beach will create a wonderful recreational environmental as well as facilitate and promote environmental and coastal education and research. On February 11, 2003, the City of Corpus Christi accepted a grant from the Texas General Land Office in the amount of $00,000 for the second phase of the University Marina Beach Park Project. These funds were designated to develop engineering plans and specification for improvements to the University Marina Beach Park to include public access and other amenities to the marina beach park located on Ocean Drive adjacent to Texas A &M University – Corpus Christi. Exhibit A Page 1 of 2 H:IHOMEILYNDASIGENIPARKS13246 - TAMUCC InterlocalllAgendaBkg.doc PROJECT DESCRIPTION: In accordance with the GLO Contract 03 -021, TAMU -CC will be responsible for the total local match of $40,000. This will consist of: • $1 5,000 cash, and • $25,000 in -kind services For a total local match of $40,000. As part of this project, TAMU-CC has given the City of Corpus Christi a check for $1 5,000 to develop engineering plans and specification for public access and other amenities for this project. Currently the City is working with Shiner Moseley and Associates to develop a Master Plan for this area and an RFQ for design is anticipated to be released in the next several weeks. The additional $25,000 of in -kind services required by TAMU -CC will provide for necessary monitoring of the beach to determine rate of erosion and required maintenance. These services will include: • seasonal beach profile surveys and • analysis of sediment grain -size FUNDING: Funding for Phase 2 of the University Marina Beach Park Project is being provided by: • A GLO Grant in the amount of $00,000, • A cash contribution of $15,000 from TAMU -CC; and • $25,000 work of in -kind services being provided by TAMU -CC for a total project cost of $1 00,000. AGREEMENT: The City is responsible for project administration which includes selection, negotiation and management of engineering services and review of construction plans and contract documents. The cost of such administration will be charged to the project to the extent allowed by GLO Contract 03 -021. TAMU—CC is responsible for the performance of in -kind surveys consisting of conducting beach profile surveys and sediment grain size analysis at least twice a year for two years incompliance with the GLO contract. Exhibit A Page 2 of 2 H:IHOMEILYNDASIGENIPARKS13246 - TAMUCC InterlocaNAgendaBkg.doc \Mproject counci►exhibits \exh3246. dwg NUECES BAY CORPUS CHRISTI BAY PROJECT LOCATION Nueces County LOCATION MAP PROJECT # 3246 EXHIBIT "B" TEXAS A & M UNIVERSITY- CORPUS CHRISTI UNIVERSITY MARINA BEACH PARK PROJECT CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT ifilt DEPARTMENT OF ENGINEERING SERVICES 1 of 1 PAGE: PAGE: 1 of =IMP MEIN NW MN .. DATE: 01/07/2004 ORDINANCE APPROPRIATING $15,000 FROM TEXAS A & M UNIVERSITY - CORPUS CHRISTI INTO FUND NO. 1071 COMMUNITY ENRICHMENT GRANTS FUND AS A PORTION OF THE LOCAL MATCH FOR THE UNIVERSITY BEACH PARK ACCESS IMPROVEMENTS PROJECT; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $1 5,000 from Texas A & M University -- Corpus Christi is appropriated in the No. 1 071 Community Enrichment Grants Fund as a portion of the local match for the University Beach Park Access Improvements Project. 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 , 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor APPROVED: December 31, 2003 Lisa Aguilar Assistant City Attorney for City Attorney RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH TEXAS A & M UNIVERSITY — CORPUS CHRISTI TO PROVIDE A PORTION (x25,000) OF THE LOCAL MATCH REQUIRED PER GLO CONTRACT 03 -021 WHICH CONSISTS OF IN -KIND SERVICES TO PERFORM BEACH SURVEYS, MONITOR THE BEACH, AND CONDUCT SEDIMENT GRAIN SIZE ANALYSIS AS PART OF THE UNIVERSITY MARINA BEACH PARK PROJECT PHASE 2 LOCATED ON OCEAN DRIVE 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 execute an interlocal cooperation agreement with . Texas A & M University - Corpus Christi to provide a portion ($25,000) of the local match required per GLO Contract 03 -021 which consists of in -kind services to perform beach surveys, monitor the beach, and conduct sediment grain size analysis as part of the University Marina Beach Park Project Phase 2 located on Ocean Drive. A copy of the agreement is attached. ATTEST: Armando Chapa City Secretary APPROVED: January 9, 2004 Mary Kay Fischer City A * rney By: hn Burke ssistant City Attorney THE CITY OF CORPUS CHRISTI Samuel L. Neal, Jr. Mayor THE STATE OF TEXAS § COUNTY OF NUECES § INTERLOCAL AGREEMENT THIS 1NTERLOCAL AGREEMENT ("Agreement ") is made by and between the CITY OF CORPUS CHRISTI, TEXAS (the "City"), a municipal corporation and home - rule city of the State of Texas, acting by and through its governing body, the City Council, and TEXAS A& M UNIVERSITY - CORPUS CHRISTI ("TAMU-CC"). This Agreement is made pursuant to Chapter 791 of the Texas Government Code for TAMU -CC to provide a portion of the local match for GLO Contract #03 -021 University Marina Beach Park to consist of $25,000 of in -kind services. SECTION 1. PURPOSE FOR PARTICIPATION. The City and TAMU -CC desire to use the total funds awarded by the Coastal Management Program Grant Cycle 7 to develop final engineering plans and specifications for Phase 11 of the University Marina Beach Park Project in accordance with the terms of the General Land Office (GLO) Contract #03 -021. The grant requires a local match of $40,000 from TAMU -CC and this agreement governs a portion of the local match or $25,000. The $25,000 of in -kind services by TAM U -CC of the total required $40,000, per the GLO Subrecipient Grant Agreement is to conduct beach profile surveys to monitor the beach and to conduct sediment grain size analysis. The City and TAMU -CC are in partnership to complete this Phase 11 of the University Marina Beach Park Project, for their mutual benefit and the benefit of local citizens. SECTION 2. OBLIGATIONS OF CITY AND TAMU -CC. (a) Beach Surveys. For and in consideration of the agreements of the parties set forth herein, TAMU -CC agrees to conduct and document the beach profile surveys and the sediment analysis at least twice a year over the course of the project period in compliance with GLO Contract #03 -021 Work Plan. Such documentation will establish the degree of beach erosion to determine changes in sand volume and distribution and will be submitted to the City for use in future beach nourishment. (b) Project Administration. The City agrees to perform the tasks of project administration consisting of negotiation of the engineering services contract, monthly project reporting, review deliverables of the engineering services contract, execute testing agreements, comply with the requirement of the GLO Contract #03 -021 and to coordinate with TAMU -CC and GLO. The City will charge the costs for manhours, direct costs involved inherent to these tasks to the grant to the extent allowed by GLO. (c) Payments. Any payment made by either party hereto for any of the services provided pursuant to the Agreement shall be made out of current revenues available to the TAMU -CC and City as required by the Interlocal Cooperation Act. (d) Maintenance. The City will submit all documentation to the GLO on the H:1LEG- DIRILISA118001I -5-04 REVISED BY TAM &MFT- CCINTERLOCAL AGREEMENT.DOC 1 beach surveys and sediment analysis. SECTION 3. TERM OF AGREEMENT. (a). Initial Term. This Agreement shall be for an initial term of one year. This agreement is subject to renewal by either party upon written request, prior to expiration of initial term. (b }. Unforeseen Termination. if the project to be undertaken pursuant to the Plan is not undertaken, is discontinued, or is terminated, all monies paid by City in conjunction with this project shall be returned to City. SECTION 4. MISCELLANEOUS. (a). Severability. In the event any term, covenant or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant or condition herein contained, provided that such invalidity does not materially prejudice either TAMU -CC or the City in their respective rights and obligations contained in the valid terms, covenants or conditions hereof. (b }. Entire Agreement. This Agreement merges the prior negotiations and understandings of the parties hereto and embodies the entire agreement of the parties, and there are no other agreements, assurances, conditions, covenants (express or implied) or other terms with respect to the covenants, whether written or verbal, antecedent or contemporaneous, with the execution hereof. (c). Written Amendment. Unless otherwise provided herein, this Agreement may be amended only by written instrument duly executed on behalf of each party. (d). Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third (3rd) day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed below, or at such other address as the receiving party may have theretofore prescribed by notice to the sending party. The initial addresses of the parties, which one party may change by giving written notice of its changed address to the other party, are as follows: City TAMU -CC George K. Noe City Manager City of Corpus Christi 1201 Leopard Corpus Christi, Texas 78401 Dr. Robert R. Furgason President Texas A &M University- Corpus Christi 6300 Ocean Drive Corpus Christi, Texas 78412 H:1LEG- DIRILISAl180011 -5-04 REVISED BY TAMU &MFT- CCINTERLOCAL AGREEMENT.DOC 2 (e). Non - Waiver. Failure of any party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. (0. Successors. This Agreement shall bind and benefit the parties and their legal successors. This Agreement does not create any personal liability on the part of any officer or agent of the City or TAMU -CC or any officer, agent or employee of TAMU -CC. (g). No Waiver of Immunity. No party hereto waives or relinquishes any immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. IN WITNESS HEREOF, the City and TAMU -CC have made and executed this Agreement in multiple copies, each of which is an original. CITY OF CORPUS CHRISTI TEXAS A &M UNIVERSITY- CORPUS CHRISTI George K. Noe Date Dr. Robert R. Furgason Date City Manager President ATTEST: (Name of City Secretary) Date City Secretary APPROVED AS TO FORM: Mary Kay Fischer City Attorney n Burke sistant City Attorney 0/ C. Ray Hayes Date Executive Vice President For Finance & Administration Date Dr. James S. Bonner Executive Director Conrad Blucher Institute H:V.EGDIRILISAII 800\ l -5 -04 REVISED BY TAMU&MFT- CCINTERLOCAL AGREEMENT.DOC Date 3 10 AGENDA MEMORANDUM January 13, 2004 SUBJECT: City Hall Sixth Floor Sound Attenuation - (Project No. 4277) AGENDA ITEM: a. Ordinance appropriating $37,300.00 from unappropriated fund balance in the No. 5110 Maintenance Service Fund to provide funding for the City Hall Sixth Floor Sound Attenuation & Electrical Modifications Phase 2 Project; Amending the FY 2003 -2004 Annual Budget adopted by Ordinance 025394 by increasing appropriations by $37,300.00; and declaring an emergency. b. Motion to authorize the City Manager, or his designee, to execute a construction contract for the City Hall Sixth Floor Sound Attenuation & Electrical Modifications Phase 2 project in the amount of $33,003.00 with Barcom Commercial of Corpus Christi, Texas. FUNDING: Funding is available upon appropriation from the Maintenance Service Operating Budget. RECOMMENDATION: Approval of the motion as presented. Angel R. Escobar, P. E. 744/ Folk_ Director of Engineering Services 'rector of General Services Davis ADDITIONAL INFORMATION Exhibit A. Background Information Exhibit B. Preliminary Budget Exhibit C. Location Map Exhibit D. Bid Tabulation H:IHOMEIKEVI N SIG ENICITYHAL LI6TH FLR\Atten uation Ph2lAgendaMemo.doo AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: City Hall Sixth Floor Sound Attenuation & Electrical Modifications Phase 2 (Project #4277) PRIOR COUNCIL ACTION: 1. July 22, 2003 -- Approval of the FY 2003 — 2004 Operating Budget. (Ordinance No. 025394) PRIOR ADMINISTRATIVE ACTION: 1. July 10, 2002 — Administrative approval of a small A/E agreement with David E. Lewis, in the amount of $1 ,750 for architectural design services for the City Hall Sixth Floor Sound Attenuation and Electrical Modifications Phase 2 project. 2. November 17, 2003 - Administrative approval of Amendment No. 1 for architectural services with David E. Lewis, in the amount of $750 for the City Hall Sixth Floor Sound Attenuation and Electrical Modifications Phase 2 project. FUTURE COUNCIL ACTION: None PROJECT BACKGROUND: Sound attenuation was provided when the space was remodeled for use as a meeting room. The decision was made at that time to phase the attenuation due to the cost of conducting a full acoustical analysis and modeling. Acoustical modeling is normally performed only for performing arts venues such as concert halls. The project was originally bid as a small project, but the bids exceeded the $25,000 requiring the project to be re -bid as a large contract. The project provides for the fabrication and installation of sixteen (16) new sound attenuation panels on the ceiling. Other work will include new wood base, patching and painting walls, new electrical conduit, flexible electrical conduit, junction boxes, and new light fixtures. The electrical conduit is necessary for future audio - visual improvements. BID INFORMATION: On November 15, 2003 the City received and opened one proposal. Three firms attended the pre -bid meeting and it was anticipated that all three would submit a bid. The sole bid was submitted by Barcom Commercial of Corpus Christi in the amount of $33,903.00. The Engineer's construction estimate was $35,000. See Exhibit "D ". CONTRACT TERMS: The contract specifies that the project will be completed in 60 calendar days, after notice to proceed. FUNDING: Funds for this project are available from the City Hall CIP Fund upon appropriation. HA HOMMICEVINS1 GENTITYHALLI6THFLR1AitenuationPliZAgendarBkgSxhA. dac EXHIBIT "A" Page 1 of 1 PRELIMINARY BUDGET CITY HALL SIXTH FLOOR SOUND ATTENUATION & ELECTRICAL MODIFICATIONS PHASE 2 Project No. 4277 CORPUS CHRISTI, TEXAS January 13, 2003 FUNDS AVAILABLE: Maintenance Service Operating Budget PRELIMINARY ACTUAL BUDGET BUDGET 41, 600.00 Total 41 ,600.00 FUNDS REWIRED: 33,903.00 Construction Construction Contingencies (10 %) 3,397.00 Design Consultant (Arch./Engineer) 2,500.00 Engineering Project Liaison 1,000 Construction Inspection N.A. Testing (Geotech & Quality Control) N.A. Miscellaneous Expenses (Printing, Advertising, Express, etc.) 1,800 Total 41,600.00 H A HCMEIKEVINSIGENICITYHALL16THFLRIATTENUATICNPHZAWDCCNSTBUDEXHB .DOC Exhibit B Page 1 of 1 File : \Mproject\councilexhibits\exh4277ciwg CORPUS CHRISTI INTERNATIONAL AIRPORT LOCATION MAP NOT TO SCALE Par A LOB +) %A_:k- WIN EBA r 'Mil . EFL _-_ 1:li AN :LOPE MP ! LEOPARD INN= ''' 'TINA re-iffill111111 611 0 � s - � plicuoPmAlloptio tij B�f'1 • Luc er --�, Garz■ 1 Par �. Park IIIIII r-1 PROJECT LOCATION CORPUS CHRISTI BAY CITY HALL BLDG. 1201 LEOPARD ST. VICINITY MAP NOT TO SCALE CITY PROJECT No. 4277 CITY HALL SIXTH FLOOR SOUND ATTENUATION AND ELECTRICAL MODIFICATIONS PHASE 2 CITY OF CORPUS CHRISTI, TEXAS EXHIBIT "C" CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12-31--2003 TABULATION OF BIDS Page 1 of 1 DEPARTME14T OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: "gel R.Escobar. P.S.■ Director of Engineering Services DATE: Nednesday■ November 26. 2003 TIME OF COMPLETION: 60 Calendar Days M49INEZRIS RSTIMATE: $35,000 City Hall Sixth Floor Sound Attenuation & Barcom Commerical Inc. Electrical Modifications Phase 2 1710 S Padre Island Dr Project No. 4277 Suite B C.C., TX 78416 ITRN DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRIGS AMOUNT To furnish all labor and 0.00 0.00 0.00 materials, tools and necessary equipment to perform the work required for the project, at the locations set out by the plans and specifications and in strict accordance with the contract documents TOTAL BASE BID: $33■903.00 0.00 0.04 0.00 -PWLM 4 - I0.00 0.00 0.00 ORDINANCE APPROPRIATING X37,300 FROM UNAPPROPRIATED FUND BALANCE IN THE NO. 5110 MAINTENANCE SERVICE FUND TO PROVIDE FUNDING FOR THE CITY HALL SIXTH FLOOR SOUND ATTENUATION AND ELECTRICAL MODIFICATIONS PHASE 2 PROJECT; AMENDING THE FY 2003 -2004 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 025394 BY INCREASING APPROPRIATIONS BY x37,300; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $37,300 from the unappropriated fund balance in the No. 5110 Maintenance Service Fund is appropriated to provide funding for the City Hall Sixth Floor Sound Attenuation and Electrical Modifications Phase 2 Project. SECTION 2. That the FY 2003 -2004 Operating Budget adopted in Ordinance No. 025394 is amended by increasing appropriations by $37,3.00. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor APPROVED: January 7, 2004 Mary Kay Fischer City Attorney By: �✓�r� Lisa Aguilar Assistant City Attorney 11 CITY COUNCIL AGENDA MEMORANDUM January 5, 2004 AGENDA ITEM: Ordinance abandoning and vacating a 852.50 - square foot portion of a 5- foot wide utility easement in Lot 3 -A, Share 2 -A, Kaler Addition; requiring the owner, to comply with the specified conditions and replat the property within 180 days at owner's expense; and declaring an emergency. ISSUE: The closure of the 852.50- square foot portion of utility easement is so that the owner may construct a building that would cover all /or portions of these utility easements. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Owner must replat the property within 180 days at his expense. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map e t Lie-OW Margie C. Rose, Assistant City Manager Acting Director of Development Services AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: Bass & Welsh Engineering, on behalf of Valero Refining, L.P., is requesting the abandonment and vacation of a 852.50- square foot portion of a 5 -foot wide utility easement in Lot 3 -A, Share 2 -A, baler Addition in order to accommodate the future construction of a building that will cover all /or portions of the existing utility easement. The easement to be abandoned and vacated is located in an "R -1 B" one - family dwelling district. All public and franchised utilities were contacted. None of the city departments and franchised utility companies had any facilities within the utility easement. There were no objections regarding the proposed utility easement abandonment. Staff recommends payment of the fair market value of $ 550.00 for the abandonment and vacation of an 852.50- square foot portion of the 5 -foot wide utility easement. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. EXHIBIT A AN ORDINANCE ABANDONING AND VACATING A 852.50 - SQUARE FOOT PORTION OF A 5 -FOOT WIDE UTILITY EASEMENT IN LOT 3-A, SHARE 2 -A, KALER ADDITION; REQUIRING THE OWNER TO COMPLY WITH THE SPECIFIED CONDITION 4, THE PROPERTY � WITHIN 180 DAYS AT OWNER'S EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 852.50- square foot ortion of a 5 -foot wide utility p e ut�l�ty easement in Lot 3 -A, Share 2 -A, Kaler Addition, as recorded in Volume 37, 65, Map Records Nueces County, Texas, that the owner, Valero Refining, LP(Owner), , . . , wishes to have abandoned and vacated; and WHEREAS, it has been determin @d that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 852.50- square foot portion of a 5 -foot wide utility easement in Lot 3 -A, Share 2 -A, Kaler Addition, es recorded in Volume 37, Page 65, Map Records Nueces County, Texas is abandched and vacated for public use utility p se as utility easemen#, subject to Owner's compliance with the following specified conditions p ons as part of the abandonment and vacation: 1. Payment of the fair market value, appraised at $550.00, for or the proposed 852.50 - square foot portion of a 5 -foot wide utility easement that is to be abandoned and vacated at owner's expense. 2. That the Owner replat the Portions of Lot 3-A, Share 2 -A Kaler Addition, being • abandoned and vacated within 180 days at Owner's expense; provided p ed 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 g y to the need for immediate action necessary for t f efficient and effective administration affairs City affairs . tY and (2) suspends the Charter rule that requires consideration of q � � and voting upon ordinances at two regular meetings so that this ordinance is passed p d a n d takes effect upon first reading as an emergency measure this the 13th day of January, ry, 2004. H: \LEG- DIRVosephlORD- KalerAdd. doc 500 250 LOCATION MAP EASEMENT CLOSURE GRAPHIC SCALE 500 toss 2000 NE NM IMMO 1111111111111111••1111 ( IN FEET ) 1 inch = 500 ft. EXHIBIT C 4 LOT 3 0 0 c4 0 ao z KA ER DROVE N 10'E 53.50' 25' B. L. LOT 3 -A VOL. 37, PG. 65 M.R.N.C.T. 5.00' Paint of Beginning ■ LOT 2 oN ao z EASEMENTS TO BE CLOSED 0 W 0 co S RE 2-A ADDIrION ffict 510'W 53.50' N 10'00'00 "E 48.50' Prepared er Bass & Welsh Engineering 3054 So. Alameda St. Corpus Christi, Tx. 78404 (361) 882 -5521 (phone) (3S1) 882 -1265 (fax) AREA OF EASEMENTS BEING CLOSED 852.5 SQ. Fr. EASEMENT CLOSURE LOT 3 -A, SHARE 2 -A KALER ADDITION EXHIBIT C Job No: Scale: 1'1=20' Date: 10- 24--03 Drawing No: UE -1 Plo tscale: 1 =1 Sheet 2 of 2 12 CITY COUNCIL AGENDA MEMORANDUM January 5, 2004 AGENDA ITEM: Ordinance abandoning and vacating 2,500-square feet, of a I 0 -foot wide, q utility easement out of Lots 7 -11, and Lots 30 -34, Block 35, Padre Island No. 1 Subdivision; Y specified the owner, South Texas Hotels, L.L.P., (Owner), to comp! with the s ecified conditions and replat the property within 180 days at owner's expense; and declaring an emergency. ISSUE: South Texas Hotels, L.L.P. is requesting the abandonment and vacation of an easement to accommodate the future construction of a three story building structure over the existing utility easement. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Owner must replat the property within 180 days at his expense. RECOMMENDATION: Staff recommends approval of the ordinance as p resented on an emergency basis. Margie . Rose, Assistant City Manager Acting Director of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: South Texas Hotels, L.L.P., is requesting the abandonment and vacation of a 2,500- square foot, 1 0 -foot wide utilit y easement between Lots 7 -11, Lots 30-34, Block 35, Padre Island No. 1. South Texas Hotels, L.L.P., owns Lots 7 -11, Lots 30 -34, Block 35, Padre Island No. 1 which embraces the portion of utility easement proposed for abandonment and vacation. The easement to be abandoned and vacated is located in Zone 8 -2A within the city limits of Corpus Christi. South Texas Hotels must close the utility easement to accommodate future development of a three story building structure that will be constructed over the utility easement. South Texas Hotels is p roposi ng to dedicate a 15 -foot wide utility easement (7,2OOsq.ft.) around the north, east, and south property lines of Lots 7 -11, Block 35, Padre Island No. 1. The dedication is to help offset the fair market value being assessed to the 2,500- square foot utility easement being abandoned and vacated. All public and franchised utilities were contacted. There were no objections regarding the proposed easement abandonment. There are no existing utilities within the easement being closed. Staff recommends that payment of the fair market value be waived because Owner will be dedicating utility easements of greater value to off -set the proposed abandonment. The g y owner has been advised of and concurs with the conditions of the easement abandonment. EXHIBIT A AN ORDINANCE ABANDONING AND VACATING A 2,500- SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF LOTS 7 -11, AND LOTS 30 -34, BLOCK 35, PADRE ISLAND NO. 1 SUBDIVISION; REQUIRING THE OWNER, SOUTH TEXAS HOTELS, L.L.P., (OWNER) TO COMPLY WITH THE SPECIFIED CONDITIONS REPLAT THE PROPERTY WITHIN 180 DAYS AT OWNER'S EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 2,500-square foot portion of a 10 -foot wide utility easement out of Lots 7 -11 and Lots 30 -34, Block 35, Padre Island No. 1 Subdivision, as recorded in Volume 36, Page 12, Map Records Nueces County, Texas, that the owner, South Texas Hotels L.L.P., (Owner), wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT OR AINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAI: SECTION 1. That the 2,500- square foot portion of a 10 foot wide utility easement out of Lots 7 -11 and Lots 30 -34, Block 35, Padre island No. 1 Subdivision, as recorded in Volume 36, Page 12, Map Records Nueces County, Texas is abandoned and vacated for public use as utility easement, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: 1. Fair market value is to lie waived because Owner will be dedicating utility tY easements of greater value to off -set the proposed vacation and abandonment of the easement. 2. The Owner must replat Lots 7 -11 and Lots 30 -34, Block 35, Padre Island No. 1 Subdivision 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 Qwner'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 13th day of January, 2004. H:I LEG- DIR\JosephlORD- PI- hotels.doc 0 1 M X 0 0 Padre Island Country Club COO Rab &0"0 %AA@N*V/QPs/ds Ito &dfolo SL sun. 401 Corvus Ch"L Tx 7Mt W". fMnlie+rsWVrA4KW" - (36t) set -W4 Fos (361) 851-8340 Copyright 0 2003 AN Rights Reserved Q z l� 04< aw U 0 Q CL X a U P22 SIT E JOB 0: 031003 361 SITE LOCATION NOT TO SCALE PLAT OF: A PROPOSED 10 FOOT WIDE UTILITY EASEMENT TO BE CLOSED PADRE ISLAND ONE SUBDIVISION LOTS 7---1 1 do LOTS 30-34 BLOCK 35 AS SHOWN A FLAT RECORDED IN VOLUME 36* PAGE 12 OF THE MAF RECORDS OF NUECES COUNTY, TEXAS lcole:NOT ompletion vote: 10/28/03 File Nome: 0310038.DWG, EXHIBIT C TO SCALE Surveyed by: ip Drown by: SCB/SC5 Checked by: RH L,,Of 0 a co A W z 4 Z 1 § LL. ❑ .. in v "� ""' ,� w z. • i I— 5 5 Y n ❑ U: ,,,-1— CnJ In DcoN W Cr (f i ❑ p Q J Q. tr. czo L' 11; .. t I 0 d .d e y E � . ° ole ° illW5 W W az ?0 ON ��n w 0 LLJ ix Z cn 0 w co- . <,-IN m aW JQ QWo W " La 2 >. 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S i � ZJ ❑ac�l H1r10 URVEYING FRONTIER .3.n v-'3'n s N • W g:qW1 arie 4111 Wg'ow Puln 2 01( W EL ~ W�� Pars. 5 Ea310 0111 � < (n < a V � rig 0 zJt.i9§ 140!ie Lit 0 U V? a8z 1-0 w W4 �nc3 =Fvac0 S N 1 0 W 8 13 AGENDA MEMORANDUM January 13, 2004 SUBJECT: Garcia Arts Center Area Street Improvements, Project 6134 Acquisition of Parcel 7 AGENDA ITEM: Motion authorizing the City Manager or his designee, to execute a Real Estate Sales Contract with Sylvia B. Martinez in the amount of $57,000 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for relocation assistance to cover moving costs and incidental expenses in connection with a replacement dwelling, all for the purchase of fee simple property rights for Parcel 7, being all of Lots 8 and 9, Block 4, H.E. Luter Partition, with street address of 2028 Marguerite, necessary for the Garcia Arts Center Area Street Improvements, Phase 2, Project #6134. ISSUE: This project was approved in FY2000 and FY2001 to be funded by Community Development Block Grant - (CDBG) Funds. The objective of the project is for the reconstruction and widening of area streets adjacent to the Garcia Arts Center facility which include 17th, 18th, and Marguerite Streets. Acquisition of eleven parcels of land along these streets are needed in order to construct the proposed improvements. Staff has negotiated for the acquisition of one of the parcels, Parcel 7, and has obtained a signed Real Estate Sales Contract from the owner. City Council approval is required in order for the City Manager or his designee to execute it on behalf of the City. REQUIRED COUNCIL ACTION: Contracts in excess of $25,000 require City Council approval. FUNDS: Funding available in the FY 2000 -2001 CDBG Budget. RECOMMENDAT ON: Appr val of the motion as presented. 'w`nt Jonat .n agner - R. Escobar, P. E. Acting Director of Neighborhood Se ices Director of Engineering Services Attachments: Exhibit A. Exhibit B. Exhibit C Exhibit D. Background Information Map of Project Area Parcel Map Contract Summary H :IHOMEIEUSEBIOGIGENIAgenda ItemslGarcia Arts.MartinezAAgenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Garcia Arts Center Area Street Improvements,' Project 6134 Acquisition of Parcel 7 PRIOR COUNCIL ACTION: 1. May 9, 2000 -- Approval of the FY 2000 -2001 Community Development Block Grant (CDBG) Program (Resolution No. 024036). 2. October 18, 2000 — Distribution of Request For Qualifications (RFQ) No. 2000 -08 (Public y Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 3. November 10, 2000 — Addendum No. 1 to the Request for Qualifications (RFC) No. 2000 -08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 4. January 10, 2001 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2000 -08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 5. March 23, 2001 -- Letter of Notification to the Request for Qualifications (RFQ) No. 2000 -08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 6. September 18, 2001 -- Motion authorizing the City Manager or his designee to execute a consultant contract with HDR Engineering for a total fee not to exceed $59,892 for the Garcia Arts Education Center Area Street Improvements, Phase 1 and 2. (Motion No. 2001 -359) FUTURE COUNCIL ACTION: Council will be required to: 1. authorize the award of future construction contracts and amendments; and 2. authorize the approval of any other parcels in the project where acquisition cost exceeds $25,000 PROJECT BACKGROUND: The Garcia Arts Education Center, formerly the Hispanic Arts Center, is located at 2021 Agnes Street. Area street sections of 17th Street, 18th Street, and Marguerite Street around the Garcia Arts Education Center are characterized with narrow pavement widths and road- side ditches and were constructed many years ago. Phase 2 of the project provides for the design and right -of -way acquisition required for local street improvements on 18th Street between Agnes Street and Mary Street, Marguerite Street between 17th Street and 18th Street including curb, gutter, sidewalks, driveways, underground storm sewers, and utility adjustments /relocations. Exhibit A Eleven parcels of land have been identified by the • . y e project consultant, HDR Engineering, as being required for construction of the lanned improvements. p pro ements. A public meeting was held on July 24, 2003 in which residents of the area met ' at the Garcia Arts Center to hear a presentation by City staff regarding the ect. ! ro' P Land Acquisition staff has obtained appraisals for pp each parcel from Pamela K. Teel and Marion F. Curington, ASA, both independent appraisers. p pp sers. offers were then made to each landowner based on these appraisals. Negotiations have concluded with the owner of Parcel 7, Sylvia Martinez, for the purchase of her property residential p party which consists of two residential lots and a frame house. A purchase price of $57,000 p has been agreed upon based on the high appraisal. Ms. Martinez is also eligible for relocation • 9 anon benefits as described below. Her property, shown on Exhibit C, is the first of eleven arcels to b p be acquired. This contract will be escrowed at San Jacinto Title Company. Relocation Benefits: On November 28, 1983, the City Resolution Council approved Resolution No. 11809 which adopted the Uniform Relocation Assistance nce and Real Property Acquisition Policies Act of 1970. This resolution establishes the relocation pol icy for relocation of homeowners, tenants and businesses, which are displaced as a result suit of a City project. Persons occupying the subject property a minimum of 90 days prior to the initial afer qualify for assistance. Monetary limits for relocation assistance are set by guidelines. federal gu�del�nes. A maximum of $22,500 is available for homeowners, $20,000 for businesses and $5,250 for tenants which would cover moving expenses and purchase assistance for ' replacement housing. For moving expenses, the displaced person would choose between a self -move or one provided by an independent moving . com an p Y Purchase assistance, as required by the Relocation Y Act, involves payments for a purchase price differential, mortgage interest differential, and incidental crdental expenses involved in a replacement home. The purchase price differential is the difference • p d fference between the sales price of the home and the cost of a comparable replacement • p p t home. The mortgage interest differential is the amount needed to cover increased mortgage costs due to a higher interest rate and other debt service costs. The incidental expenses reimbursement reimbursement would cover those extra costs involved in purchasing replacement housing such as closing, inspection, appraisal, and loan costs. Exhibit A ‘Mprolect \councriexhibits \exh6 734.dwg CORPUS CHRISTI BAY LOCATION MAP NOT TO SCALE PAIRCEL # 7 AGNES IE I III PROJECT No. 6134 MARYST_ 1 VICINITY MAP NOT TO SCALE N EXHIBIT C GARCIA ARTS CENTER STREET IMPROVEMENTS PHASE 2 '03s PARCEL #7 SYLVIA MARTINEZ CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 01/07/2004 =W IMO IW SUM CONTRACT SUMMARY Garcia Arts Center Area Street Improvements, Project # 6134 Parcel 7 This Contract is entered into by Sylvia B. Martinez, a single person, of 2028 Marguerite St., Corpus Christi, Nueces County, Texas 78405, "SELLER", and the Cit y Corpus C opus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277, "BUYER" Terms: 1. Seller for the consideration and under the terms set out in the contract agrees to convey to Buyer the following described property: H.E.Luter Partition, Block 4, Lots 8 and 9. 2. Purchase Price - $57,000 3. Seller to provide title insurance at expense. Buyer's ex Y p 4. Seller will deliver, at Buyer's expense, a good and sufficient General Warranty arty Deed. 5. All taxes to be paid by Seller, up to and including 2003. Taxes for 2004 g will be prorated between Buyer and Seller. 6. Buyer agrees to deposit $500 Earnest Money at the Title Company, which Seller may keep as liquidated damages should Buyer fail to consummate contract as specified, or Seller may seek to enforce specific performance of contract. 7. Buyer accepts title subject to all outstanding restrictive covenants use restrictions and zoning and regulatory ordinances. 8. Transaction to be closed on or before 90 days from the date of the contract. Seller acknowledges that Seller has read the agreement, and it is not binding until approved by the City Council and signed by the City Manager within 60 days of the contract date. 9. The contract will survive the closing of the sale and delivery of the General Warranty Deed and other conveyance documents. 10. Acquisition is under the threat of eminent domain s. roceedin p g 11. Seller agrees to vacate the premises within 90 days from the date of the Contract. 12. Time is of the essence in closing this transaction. 11 CLSTR1_ USERS2_ SERVERIUSERS2 IHOMEIEUSEBIOGIGEN\Agenda Items\Garcia Arts.Martinez\Contract Summary.doc Exhibit D City of Corpus Christi DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division 6133 Garcia Arts 7 Real Estate Sales Contract THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS COUNTY OF NUECES § This Contract is entered into by SYLVIA B. MARTINEZ OF 2028 Marguerite, Corpus Christi, Nueces County, Texas 78405 (Seller) and the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 ( "Buyer "). 1. Property. Seller for the consideration and under the terms set out herein, agrees to convey to Buyer the following described property situated in Nueces County, Texas: Lots Eight (8) and Nine (9), of replat of Block Four (4) of H. E. Luter, et al Partition as shown by the map thereof recorded in Volume 5, Page 19, Map Records of Nueces County, Texas 2. Purchase `Price. $57,000. 3. Title Insurance. The Seller must provide, at Buyer's expense, a title insurance policy that guarantees good and indefeasible title to the Property, without exceptions to title other than the standard printed exceptions and exceptions permitted under this Contract, and that wholly insures and indemnifies Buyer against any title defects or adverse claims. A reliable title insurance company or title guaranty company ( "Title Company ") must issue the title insurance policy. The title commitment for title insurance must be delivered to Buyer within 30 days after receipt of the Contract by the title company, with the title insurance policy to be timely issued after Closing. 4. Warranty Deed and Closing Costs. After securing the title insurance commitment, Seller must execute a General Warranty Deed, drafted in accordance with the provisions of this Contract, that conveys indefeasible title to the Property to Buyer, and Buyer must make the cash payment. Buyer will pay all Closing Costs except costs to cure title, which must be paid by Seller. 5. Taxes. Seller must pay all taxes related to the Property up to and including 2002. All current taxes, if any, will be prorated between the Buyer and the Seller for 2003 to date of Closing. Real Estate Sales Contract H:IHOMEISHIRLEYTIGENIcontractl6 133 Garcia Arts 07 `03s MARTINEZ $57,000 RESC.DAG .doc Page 1 of 4 The proration is only an estimate and the Seller will be responsible for any shortage a when the taxes come due for 2003. 6. Earnest Money. Buyer deposits $500 with the Title Company as Earnest Money, which will be applied to the balance of the purchase price owing at Closing; Buyer will pay the balance of the purchase price owing at Closing. When the Title Company p ossesses the executed deed, any other necessary paperwork, and the balance of the cash Ym a ent, the Title p Company will Close the transaction in accordance with its customary p rocedure. If Buyer fails to Close on this Contract as set out herein, for any reason other than title defects, Seller is entitled to the Earnest Money as liquidated damages for breach of this Contract. Seller may seek to enforce this Contract by an action for specific p erformance. If Seller fails to tender an executed deed conveying the Property in accordance with the terms of this Contract, Buyer may seek to enforce this Contract by an action for specific performance. 7. Restrictions on Title. Buyer accepts title to the Property subject to all recorded restrictive covenants and use restrictions, if any, and all applicable City zoning regulatory ordinances, if any. 8. Time for Performance. This transaction will be Closed through the Title Company on or before 90 days from the date of this Contract. Seller gives Buyer possession of the Property by executing the General Warranty Deed. Seller's execution of this Contract means that Seller has read and understands that this Contract is not binding on Buyer until properly authorized by the City Council and executed by the City Manager of the City of Corpus Christi, Texas, or his designee. Buyer must execute this Contract within 60 days from the date of Seller's execution of this Contract or this Contract is void. 9. Survives Closing. This Contract survives Closing of the sale of the Property and the delivery of the General Warranty Deed and other necessary documents by Seller to Buyer at Closing, and all terms and conditions remain in effect between Seller and Buyer. 10. Eminent Domain. Buyer is purchasing the Property from Seller under the threat of Eminent Domain. 11. Contractor's Permission to Proceed. The Contractor is permitted to proceed with construction on subject Premises upon execution of this Contract by all parties. 12. Essential. Time is of the essence in closing this transaction. Real Estate Sales Contract H:\ HGME\SHIRLEYTIGENIcontract\6133 Garda Arts 07'03s MARTINEZ $57,000 RESC.DAG .doc Page 2 of 4 Executed in triplicate, any of which constitutes an original. Seller THE STATE OF TEXAS COUNTY OF NUECES Sylvia B. Martinez This instrument was acknowledged before me on by Sylvia B. Martinez. ,diet,km, Notary Public in and for the State of Texas Buyer CITY OF CORPUS CHRISTI, TEXAS George K. Noe, Deputy City Manager THE STATE OF TEXAS COUNTY OF NUECES , 2003 This instrument was acknowledged before me on , 2003 by George K. Noe as Deputy City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] Real Estate Sales Contract H:I HGMEISHIRLEYTIGENIcontract\6133 Garcia Arts 07103s MARTINEZ $57,000 RESC.DAG .doc Page 3 of 4 ATTEST: ARMANDO CHAPA, CITY SECRETARY APPROVED AS TO LEGAL FORM THIS 2 9 DAY OF 2003. For the City Attorney 4sist Joseph H ey, As City Attorney City Legal Department Real Estate Sales Contract H:1 HOMEISHIRLEYTIGENIcontract16133 Garcia Arts 07'03s MARTINEZ $57,000 RESC.DAG .doc Page 4 of 4 14 AGENDA MEMORANDUM DATE: January 13, 2004 SUBJECT: O. N. Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade) (Project No. 8277) CHANGE ORDER NO. 9 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 9 with R. S. Black Engineers & Constructors in the amount of $40,306 for the O. N. Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade). ISSUE: Change Order No. 9 is required to re -feed the Uninterruptible Power Supply (UPS) in the Filter Building of the O. N. Stevens Water Treatment Plant. The change is necessary to allow the outage required at High Service Pump Building No. 2 for the demolition of the abandoned 4100 V and 480 V to complete the project as per contract specifications. This Change Order requires Council Action. FUNDING :, Funds for this project are available in the FY 2002-2003 Water Capital Improvement Program. MMEND ION: Staff recommends approval of the motion as presented. r Eduardo Gara i P. E. Director of Water Department Additional Support Material: Exhibit "A" Background Information Exhibit "B" Change Order Summary Exhibit "C" Location Map H: IUSERSZHOMEIVELMARIGEMIAIATERIONS182771CHANGE ORDER 9 AGENDA MEMO g 1R. Escobar, P. E., irector of Engineering Services BACKGROUND INFORMATION SUBJECT: O. N. Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade }(Project No. 8277) CHANGE ORDER NO. 9 PRIOR COUNCIL ACTION: 1. December 14, 1999 -- Motion authorizin g the City Manager, or his designee, to execute Stage 1 of an engineering services contract in the amount of $143,000 with LNV Engineering for the O. Stevens Water Treatment Plant Additional Pump for High Service Pump Building No. 2 and Wash Water System projects (Motion No. 99 -422). 2. May 9, 2000, - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the engineering services contract with LNV Engineering in the amount of $214,100 for the O. N. Stevens Water Treatment Plant Additional Pump for High Service Pump Building No. 2 and Wash Water System projects (Motion No. M2000 -135). 3. November 14, 2000 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 for Stage 2 services to the engineering contract in the amount of $1,640,814 with LNV Engineering for the O. N. Stevens Water Treatment Plant High Service Pump Building No. 2 and Wash Water System project (Motion No. M2000-401). 4. December 11, 2001 - Motion authorizing the City Manager, or his designee, to execute a construction contract with R. S. Black Engineers & Constructors in the amount of $3,522,263 for the O. N. Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade) (Motion No. M2001 -461). 5. July 23, 2002 — Approval of the Fiscal Year 2002 -03 Operating Budget (Ordinance No. 024974). PRIOR ADMINISTRATIVE ACTION; 1. September 22, 2000 — Administrative approval of Amendment No. 2 to the engineering services contract with LNV Engineering in the amount of $14,000 for the O. N. Stevens Water Treatment Plant Additional Pump for High Service Pump Building No. 2 and Wash Water System projects. 2. November 7, 2001 -- Administrative approval of Amendment No. 4 to the engineering services contract with LNV Engineering in the amount of $19,990 for the O. N. Stevens Water Treatment Plant Additional Pump for High Service Pump Building No. 2 and Wash Water System projects. EXHIBIT "A" Page 1 of 4 , HA USERS2IHOMEWELMARIGENIWATERIONSI82771CHANGE ORDER 91AGENDA BACKGROUND PRIOR ADMINISTRATIVE ACTION (continued): 3. December 10, 2001 — Administrative approval of Amendment No. 5 to the engineering services contract with LNV Engineering in the amount of $14,990 for the O. N. Stevens Water Treatment Plant Additional Pump for High Service Pump Building No. 2 and Wash Water System projects. 4. April 5, 2002, — Administrative approval of Change Order No. 1 to the construction contract with R. S. Black Engineers and Constructors in the amount of $21,500 for the O. N. Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade). 5. July 3, 2002, — Administrative approval of Change Order No. 2 to the construction contract with R. S. Black Engineers and Constructors in the deductive amount of $(9,135.80) for the O. N. Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade). 6. August 19, 2002 — Administrative approval of Amendment No. 6 to the engineering services contract with LNV Engineering in the amount of $16,500 for the O. N. Stevens Water Treatment Plant Additional Pump for High Service Pump Building No. 2 and Wash Water System projects. 7. September 13, 2002, — Administrative approval of Amendment No. 7 to the engineering services contract with LNV Engineering in the amount of $15,500 for the 0. N. Stevens Water Treatment Plant Additional Pump for High Service Pump Building No. 2 and Wash Water System projects. 8. September 25, 2002 -- Administrative approval of Change Order No. 3 to the construction contract with R. S. Black Engineers and Constructors in the amount of $23,279 for the 0. N. Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade). 9. January 7, 2003, - Administrative approval of Change Order No. 4 to the construction contract with R. S. Black Engineers and Constructors in the amount of $23,317.16 for the O. N. Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade). 10. February 27, 2003 — Administrative approval of Change Order No. 5 to the construction contract with R. S. Black Engineers and Constructors in the amount of $50 for the O. N. Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade). 11. April 23, 2003 - Administrative approval of Change Order No. 6 to the construction contract with R. S. Black Engineers and Constructors in the amount of $2,209 for the 0. N. Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade). 12. July 22, 2003 --- Administrative approval of Amendment No. 8 to the engineering services contract with LNV Engineering in the amount of $24,900 for the O. N. Stevens Water Treatment Plant Additional Pump for High Service Pump Building No. 2 and Wash Water System projects. H:I USERS2IHOMEI VELMAR \GENlWATERlONS182771CHANGE ORDER 91AGENDA BACKGROUND EXHIBIT "A" Page 2 of 4 PRIOR ADMINISTRATIVE ACTION (continued) :, 13. August 19, 2003 — Administrative approval of Change Order No. 7 to the construction contract with R. S. Black Engineers and Constructors in the amount of $19,817 for the O. N. Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade). 14. October 1, 2003 - Administrative approval of Change Order No. 8 to the construction contract with R. S. Black Engineers and Constructors in the amount of $16,570 for the O. N. Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade). 15. December 29, 2003 — Administrative approval of Amendment No. 9 to the engineering services contract with LNV Engineering in the amount of $24,950 for the O. N. Stevens Water Treatment Plant Additional Pump for High Service Pump Building No. 2 and Wash Water System projects (approval pending). BACKGROUND INFORMATION: There are two (2) high service pump stations at the O. N. Stevens Water Treatment Plant which supply finished water to the City's distribution system. High Service Pump Building No. 1 was built with the original plant in 1954 and has seven (7) vertical- turbine pumping units plus two (2) backwash pumping units. High Service Pump Building No. 2 was added in the 1981 Plant Addition and has three (3) horizontal- centrifugal pumping units. This project is one of four construction contracts for operation improvements at the O. N. Stevens Water Treatment Plant as follows: 1. Wash Water System Phase 1 — Rehabilitation of Filters 1 -22; 2. Wash Water System Phase 2 -- Filter Drain, Yard Piping, Wash Water Filter to Waste; 3. Wash Water System Phase 3 -- Elevated Tank; and 4. High Service Pump Building No. 2 Pump Modifications (Electrical Mechanical, Instrumentation Systems Upgrade). Improvements to the High Service Pump Building No. 2 include four (4) new pumps and motors including one (1) with variable frequency drive. Upon project completion, improvements made to the High Service Pump Building No. 2 will improve supply of potable water as it exists today. Improvements will include all .instrumentation and controls, which tie into the SCADA system to provide automatic operation of pumping systems and optimize efficiency. CHANGE ORDER NO. 9 : Change Order No. 9 proposes to re -feed the Uninterruptible Power Supply (UPS) in the filter building, from the filter building panels LA and/or LB. The current feeder is connected through panel FXL which is fed from High Service Pump Building No. 2. Circuits will be relocated as required. A new alarm point will be added to EXHIBIT "A" Page 3 of 4 H: IUSERS2I HOMEIVELMARIGENIWATERIONS182771CHANGE ORDER 91AGENDA BACKGROUND the Supervisory Control and Data Acquisition (SCADA) system to identify a UPS Failure /Power Failure occurrence that will provide redundant protection to Plant operations. The change is necessary to allow the outage required at High Service Pump Building No. 2 for the demolition of the abandoned 4160 V and 480 V to complete the project as per contract specifications. Also included in this change is the labor and materials necessary to re -wire the pressure transmitter that was re- installed on the High Service Pump Building No. 2 discharge header. The UPS electrical re -feed and associated work along with the wiring for the pressure transmitter will be performed for a total change order price of $40,306. Additional days required to complete this work and close out the project without liquidated damages is 189 days. H:I USERS2IHOMEIVELMARIGEMWATERIONS182771CHANGE ORDER 9WGENDA BACKGROUND EXHIBIT "A" Page4of4 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET JANUARY 7, 2004 PROJECT: O. N. STEVENS WATER TREATMENT PLANT HIGH SERVICE PUMP BUILDING NO. 2 PUMP MODIFICATIONS (ELECTRICAL, MECHANICAL & INSTRUMENTATION SYSTEMS UPGRADE) Project No: 8277 APPROVED: City Council on 12/11/01 - Motion No. M2001 -461 CONTRACTOR: R. S. Black Civil Engineers & Contractors P. 0. Box 6385 Corpus Christi, TX 78466 TOTAL CONTRACT AMOUNT 25% Limit Amount Change Order #1 (4/5/02) Change Order #2 (7/3/02) Change Order #3 (9/25/02) Change Order #4 (1/7/03) Change Order #5 (2/27/03) Change Order #6 (4/23/03) Change Order #7 (8/19/03) Change Order #8 (10/1/03) Change Order #9 (1/7/04) Total $3,522,263.00 880, 565.75 21,500.00 (9,135.80) 23,279.00 23,317.16 50.00 2,209.00 19,817.00 16,570.00 40, 306.00 $137,912.36 = 3.92 %< 25% EXHIBIT "B" Page 1 of 1 M . ro ect councilexhibits exh8277c.dw ENTRANCE P HIV R AIRPORT LOCATION MAP NOT TO SCALE CORPUS CHRISTI BAY ELEVATED WASH WATER 16119 ■ HOLDING TANK CP &L SUBSTATION -N--.. 0 RETU -. WASH HOLDING CLEARWE 4 MG HI SERVICE PUMP BUILDING No. 1 PROJECT # 8277 SECONDARY BASIN +a MAW SETTLING BASINS SECONDARY BASIN /4 FILTER BUILDING CLEARWELL #2 10 MG HI SERVICE PUMP BUILDING No. 2 PLAN VIEW N. STEVENS WATER TREATMENT PLANT NOT TO SCALE EXHIBIT "C" O.N. Stevens Water Treatment Plant High Service Pump Bldg. No. 2 Pump Modifications (Electrical Mechanical and Instrumentation Systems Upgrade) CITY COUNCIL EXHIBIT C11Y OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 01/07/2004 15 AGENDA MEMORANDUM January 13, 2004 SUBJECT: Corpus Christi Airport Terminal Construction Program #1071 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute change order 54 with Fulton /Coastcon, Inc., A Joint Venture, in the amount of $1,250,000.00 for Corpus Christi International Airport New Terminal Building to complete exterior Terminal Expansion to include all work associated with the final phase of the original terminal design as modified and the exterior shell of the Transportation Security Administration and Federal Inspection Station areas. ISSUES: Approval of the change order is necessary to expedite completion of completion of the Transportation Security Administration and Federal Inspection Station lease areas. Completion of the work is necessary to begin receipt of federal lease payments. FUNDING: Funds for this project are available Airport Capital Project Fund. RECOMMENDATION: Approval of the motion as presented. r Dave Hamrick Aviation Superintendent 1 R. Escobar, P.E. 'rector of Engineering Services Additional Support Material Exhibit A: Background Information Exhibit B: Prior Council /Administrative Actions Exhibit C: Location Map Exhibit D: Summary of Change Orders BACKGROUND INFORMATION ADDITIONAL INFORMATION: The change order is necessary to accelerate completion of Transportation Security Administration (TSA) and Federal Inspection Station lease spaces. The City was unable to consummate a timely lease agreement with the General Services Administration. The delay in the lease approval by GSA resulted in a delay in design work of the lease spaces. Lease spaces are important revenue components that will help defray the debt, operation and maintenance costs of the New Terminal. CHANGE ORDER: The change order with Fulton /Coastcon, J.V. will complete the building shell to a "dried in" status. The total of the build out cost prevents the City from completing the project as a change order. The Local Government Code limits the total value of change orders for a project to 25% of the original contract price. This requires a new contract be issued for the completion of the interior build out. The change order provides for completion of the exterior of the Terminal expansion and all work associated with the public side of the TSA lease space. The change order will also complete the Federal Inspection Station office lease space and associated elevator, stairs, and corridor. This change order will allow work to continue while bids for the interior build out work are secured to complete the lease expansion. The change order also provides for extended overhead for a period of eight months. The extended overhead is associated with delays in providing plans for the lease space expansion area. Plans were to be provided to the contractor during May of 2003, which could not be accomplished due to the delay in GSA lease approvals. Final plans were supplied to the Contractor in October of 2003. Additional changes in the drawings further delayed the ability of the contractor to provide final pricing for negotiation of the change order. Bid and contract documents for completion of the build out of the FIS and TSA lease spaces are being prepared by the project architect (M. Arthur Gensler and Associates). 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. FUTURE COUNCIL/ADMINISTRATIVE ACTIONS: A construction contract will need to be awarded to complete the build out of the "dried in" lease space shell. BOARDICOMMITTEE REVIEW: The Airport Board has reviewed the change order and recommended its approval. EXHIBIT A 1 Page 1 of 1 H:IHOMEIKEVI NS\GENIAI RINEWTERMI "co54awd.bkg.doc PRIOR COUNCIL ACTIONS 1. 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) 2. March 30, 1999 - Approval of recommended Terminal Reconstruction and Landside Development concept at CCIA. (M99 -089) 3. 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) 4. 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). 5. December 21. 1999 - Approval of the Terminal Design Concept as presented by the Gensler Team. 6. January 25, 2000 - Motion to authorize City Manager to execute Amendment No. 1 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $72,095 related to the airport automated access control system {ARCS} and closed - circuit television (CCTV) system for the Terminal Reconstruction project. (M2000 -027) 7. 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) 8. 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) 9. 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 EXHIBIT B Page 1 of 6 H:IHOMEIKEVI NSIGENIAI RINEWTERMI "CO54PriorActionsExhB.doc $38,618.74 for the Corpus Christi International Airport Terminal Construction project. (M2001- 207). 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 --w 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. Mav 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). 22. June fi 2002 — Motion authorizing the City Manager to execute Change Order No. 35 (extend canopy 35' from commercial island to parking lot) with Fulton/Coastcon in the amount not to exceed $212,129.81 for the Corpus Christi International Airport Terminal Construction project. (M2002 -192). 23. December 17. 2002 - Motion authorizing the City Manager to execute Amendment No. 13 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $366,158.00 for the for the Corpus Christi International Airport Terminal Construction project (M2002 -102). 24. Mav 27, 2003 - Motion authorizing the City Manager, or his designee, to execute change order 45 with Fulton/Coastcon, Inc., A Joint Venture, in the net amount of $425,41 0.87 for Corpus Christi International Airport New Terminal Building for concrete and structural steel for the retail and Transportation Security Administration lease areas and an exterior finish system for the Air Cargo Building (M2003 -198). EXHIBIT B Page 2 of 6 H:1 HOMEIKEVINSIGENI A1RINEWTERMI "CO54PriorActionsExhB.doc 25. October 14. 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 16 to the architectural /engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $150,350 for additional construction phase services for the Corpus Christi International Airport Terminal project. (M2003 -361) 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, 200 1 - 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. 200 1 - Award of Change Order No. 5 in the amount of $19,914.33 to Fulton/Coastcon for additional pedestrian tunnel support. T 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, 200 1 - 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. H:IHOMEIKEVI NSIGENIAI RINEWTERM I"CO54PriorActIonsExhB.doc EXHIBIT B Page 3 of 6 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, 200 1 - 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. August 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. 24. December 31, 200 1 - 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 $1 0,500 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 FultonlCoastcon 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. December 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 9111 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. EXHIBIT B Page 4 of 6 H:IHCMEIKEVI NSIGENIAI RINEWTERMI "C054PriorActionsExhB.doc 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. 36. July 17, 2002 - Award of Change Order No. 36 in the amount of $20,265.24 to Fulton/Coastcon for various minor enhancements (carpet, voice /data circuits, door pulls, security modifications, etc.). 37. August 7, 2002 - Award of Change Order No. 37 in the amount of $19,558.82 to Fulton/Coastcon for mechanical, electrical and other modifications. 38. September 5, 2002 - Award of Change Order No. 38 in the amount of $24,954.30 to Fulton/Coastcon for placing terrazzo in the food court. 39. October 30, 2002 - Award of Change Order No. 39 in the amount of $20,030.49 to Fulton/Coastcon for various electrical modifications, lock sets, PA service, etc. 40. November 5, 2002 - Award of Change Order No. 40 in the amount of $17,231.32 to Fulton/Coastcon for electrical modifications, advertising modifications, rent car telephones, and window blinds. 41. February 6. 2003 - Award of Change Order No. 41 in the amount of $21,337.32 to Fulton/Coastcon for food court ceiling and relocation of visitor information desk. 42. February 17, 2003 - Award of Change Order No. 42 in the amount of $22,915.20 to Fulton/Coastcon for additional electrical power to rent car offices, vending machines, enclosure of open administrative space, storage of equipment City requested advanced delivery, and additional security costs. 43. February 28, 2003 - Award of Change Order No. 43 in the amount of $24,542.08 to Fulton/Coastcon for various electrical, plumbing, signage, fire alarm, and HVAC modifications. 44. March 21, 2003 - Award of Change Order No. 44 in the amount of $20,422.87 to Fulton/Coastcon for various ticket counter shell, bagwell for Delta, additional piping flanges, modification of rent car parking lot, removal of manholes under additional retail space, new gate operator support, conduit to new checkpoint location. 45. April 10, 2003 - Award of Change Order No. 46 in the amount of $24,919.61 to Fulton/Coastcon for valance support, fire alarm monitoring modules for jet bridges, HVAC modifications, western power feed to jet bridge power center, and interior trash receptacles. 46. April 30, 2003 - Award of Change Order No. 47 in the amount of $24,393.37 to Fulton/Coastcon for painting old terminal, hardware revisions, exterior operators for fire doors, relocation of fire hydrant, fiber optic network, power for vending, retail and check point lights, and adding regulator and vent to boiler. 47. June 25 2003 - Amendment No. 14 to M. Arthur Gensler and Associates in the amount of $24,900 for relocation of the jet bridge emergency generator, women's restroom, security checkpoint, and modification of Gate 6 for international and domestic arrivals. H:IH OM E\KEVI NSIGE NIAI RIN ELATE RMI"CO54 PriorActionsExh B .doc Page 5 of 6 48. June 27, 2003 - Award of Change Order No. 48 in the amount of $23,998.95 to Fulton/Coastcon for painting type -S light fixtures, adding four smoke alarms to baggage claim, backflow check valve at Gate 2, photocells for type -M light fixtures, electrical support for Southwest Airline move, revise cargo facility CCTV cameras, chiller expansion tank, revise doors for the temporary Southwest Airline ticketing location. 49. July 7, 2003, - Award of Change Order No. 49 in the amount of $23,562.00 to Fulton/Coastcon for Hayden W. Head sign. 50. July 28, 2003 - Award of Change Order No. 50 in the amount of $22,923.05 to Fulton/Coastcon for modifications to the Southwest Airline Air Traffic Operations area, modification of existing fire sprinklers, additional ticket lobby restroom signage, underground utilities for concourse expansion, power to temporary Aero Mex location, revision of cargo building participation to tenants' requirements, removal of transite material, and wall grills in cargo building. 51. September 23, 2003 - Amendment No. 15 to M. Arthur Gensler and Associates in the amount of $16,250 for documentation of revisions to west and east administrative offices, specification of furniture, meetings with Art Task Force, improvement of lighting in security checkpoint area, design and document Terminal primary sign and lighting adjacent to McGregor murals. 52. September 24, 2003, - Award of Change Order No. 51 in the amount of $24,802.51 to Fulton/Coastcon for automated chiller valve operation, 277 volt lighting circuits, and chiller piping modifications. 53. October 24, 2003 - Award of Change Order No. 52 in the amount of $24,189.76 to Fulton/Coastcon for upgrade of the temporary partition, additional signage, and finish trim not included on plans. 54. November 6, 2003 - Award of Change Order No. 53 in the amount of $23,766.51 to Fulton/Coastcon for modification of AHU ducts, modification of Southwest Airline ticket counters, additional exterior hose bibs and gate operator power. EXHIBIT B Page 6 of 6 H:IHOMEIKEVI NSIGENIAI R\NEWTERM1"C054PrlorActiionsExh B.doc File : \Mproject\councilexhibits\exh 1071 o.dwg Son Patricio County CORPUS CHRISTI BAY PROJECT LOCATION 1000 INTERNATIONAL DRIVE CORPUS CHRISTI, TEXAS LOCATION MAP NOT TO SCALE TERMINAL PARKING D c LANDING APRON CITY PROJECT No. 1071 AAPA Aor- TERMINAL BUILDING 1 LANDING APRON PROJECT LOCATION NOT TO SCALE EXHIBIT "C" CORPUS CHRISTI INTERNATIONAL AIRPORT CHANGE ORDER N0. 54 FM AIP 3- 48- 0051 -28 -00 CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12-31-2003 - — — - MV MOM DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET January 13, 2004 PROJECT: CCIA TERMINAL CONSTRUCTION PROGRAM 2000 PROJECT NO: 1 071 APPROVED: APPROVED BY COUNCIL MOTION NO. M2000 -292 CONTRACTOR: FULTON CONSTRUCTION /COASTCON INC. P. O. Box 9486 CORPUS CHRISTI, TX 78469 TOTAL CONTRACT AMOUNT 16,472,000.00 25% Limit Amount 4,118,000.00 Change Order No. 1 (Approved by Council 11/21/00) . . 56,026.58 Change Order No. 2 (1/17/01) 24,071.00 Change Order No. 3 (1122101) 19,121.55 Change Order No. 4 (219101) 11,922.16 Change Order No. 5 (2/16101) 19,914.33 Change Order No. 6 (3/3/26/01) 15,672.70 Change Order No. 7 (4/2/01) 5,974.87 Change Order No. 8 (4/13/01) 14,495.95 Change Order No. 9 (4/18/01) 103,140.44 Change Order No. 10 (4/23/01) 19,340.74 Change Order No. 11 (5/8/01) 22,253.97 Change Order No. 12 (5/16/01) 38,618.74 Change Order No. 13 (5/21101) 23,381.00 Change Order No. 14 (5/29/01) 23,636.11 Change Order No. 15 (6/1/01) 19,995.02 Change Order No. 16 (6119101) 23,965.32 Change Order No. 17 (6/29/01) 13,119.75 Change Order No. 18 (8/14/01) 23,885.98 Change Order No. 19 (8/20/01) 514,974.42 Change Order No. 20 (8/27/01) 21,597.34 Change Order No. 21 (8/30/01) 24,686.88 Change Order No. 22 (9/6/01) 155,449.01 Change Order No. 23 (9124101) 20,326.24 Change Order No. 24 (10/1/01) 23,490.93 Change Order No. 25 (10/17/01) 14,515.57 Change Order No. 26 (11114101) 17,712.62 Change Order No. 27 (12/24/01) 21,234.46 Change Order No. 28 (1/8/02) 24,424.61 Change Order No. 29 (2112102) 24,078.56 Change Order No. 30 (2128102) 21,343.15 Change Order No. 31 (4/18/02) 63,257.13 Change Order No. 32 (4/30/02) 24,840.92 Change Order No. 33 (5/10/02) 24,871.93 Change Order No. 34 (5/17/02) 19,973.85 Change Order No. 35 (6/6/02) 212,129.81 Change Order No. 36 (7/10/02) 20,265.24 Change Order No. 37 (7/24/02) 19,558.82 Change Order No. 38 (8/23/02) 24,954.30 Change Order No. 39 (10/21/02) 20,030.89 Change Order No. 40 (10128102) 17,231.32 Change Order No. 41 (1118102) 21,337.32 Change Order No. 42 (117102) 22,915.20 Change Order No. 43 (2119103) 24,542.08 Change Order No. 44 (3/20/03) 20,422.87 Change Order No. 45 (3/20/03) Change Order No. 46 (414103) Change Order No. 47 (4115103) Change Order No. 48 (6116103) Change Order No. 49 (6/30/03) Change Order No. 50 (7/11/03) Change Order No. 51 (9/24/03) Change Order No. 52 (1 011103) Change Order No. 53 (10/29/03) Change Order No. 54 (01/13/04) Total 425,410.87 24,919.61 24,393.37 23,998.95 23,562.00 22,923.05 24,802.51 24,189.76 23,766.51 1,250,000.00 3,766,668.31 = 22.9 %< 25% Exhibit D Page 2 of 2 16 AGENDA MEMORANDUM AGENDA ITEM: January 7, 2004 1. Motion approving the street construction Deferment Agreement between the City of Corpus Christi and Hogan Development Company, L.P., in the amount of $102, 727.21 for the future street construction improvements to Cimarron Boulevard, an urban Collector roadway, in accordance with the Platting Ordinance, and declaring it an emergency. ISSUE: Hogan development Company, L.P. owner and developer of Mariposa Subdivision, has submitted Deferment Agreement documentation to defer the construction of Cimarron Boulevard in accordance with the Platting Ordinance, Section V- Required Improvements, Subsection A. 3. b) (1). The motion authorizes the City Manager, or his designee to execute a deferment agreement that would allow the Director of Engineering Services /City Engineer to approve the final plat for filing for Mariposa Subdivision, in advance of completion of seventy -five percent (75 %) of the required public improvements by the Developer, upon Developer posting a cash bond of equally liquid negotiable security with the City in the amount of 1 '10% of the cost of the project; as authorized by section V, Paragraph A, subparagraph 3.B (3) of the Platting Ordinance. CONDITION: Developer must post a cash bond or equally liquid negotiable security with the City in the amount of 110% of the cost of the project, and comply with all other requirements of the deferment agreement. RECOMMENDATION: Staff recommends approval of the ordinance as presented. ATTACHMENTS: Exhibit Exhibits Background Information Deferment Agreement c (ieke Mar g i 4 . Rose Assistant City Manager /Interim Director Development Services AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and the platting of Mariposa Subdivision required the developer to improve one half of the future 40-feet, back-of-curb to- back -of -curb Cimarron Boulevard, including, street construction, curbs, gutters and sidewalks, along the section where Cimarron Boulevard adjoins Mariposa subdivision. Hogan Development Company, L.P. "Developer" has submitted Deferment Agreement documentation for approval by the City Council to defer construction of Cimarron Boulevard. A deferment agreement, (Exhibit "A") between the City of Corpus Christi and Hogan Development Company will allow the Developer to defer the construction of required improvements such as construction of the street pavement, curbs, gutters, and sidewalks, until the City causes said improvements to be constructed as a portion of an overall plan to finalize the construction of Cimarron Boulevard from the south limits of the Mariposa Subdivision north to Yorktown Boulevard. The Developer has agreed to deposit $102,727.21, cash, for the 110% of the estimated cost of constructing the required improvements, as shown on exhibit "C" and in compliance of the Platting Ordinance Section V- Required Improvements, Subsection A.3.b) (1). The City's Planning Commission in its December 17, 2003 meeting approved the Street Construction Deferment Agreement between the City of Corpus Christi and Hogan Development Company. DEFERMENT AGREEMENT STATE OF TEXAS } COUNTY OF NUECES } This Agreement is entered into between the City of Corpus Christi, Texas ( "City "), and Hogan Development Company, L.P. ( "Developer "), and pertains to deferral of the improvements required prior to filing the final plat of Mariposa Subdivision, which was approved by Planning Commission on April 23, 2003, a copy of the plat is attached and incorporated as Exhibit "A ". WHEREAS, the Developer is obligated under Section 111, Paragraph H, Subparagraph 5. of the Platting Ordinance to construct seventy -five percent (75 %) of the required improvements, including construction of the street, curbs, gutters, and sidewalks, along Cimarron Boulevard that adjoins Mariposa Subdivision, as shown on Exhibit "B ", before the final plat is endorsed by the City's Director of Engineering. WHEREAS, the Developer is seeking to have the plat filed immediately with the County Clerk of Nueces County, Texas, before construction of seventy -five percent (75 %) of the required improvements as required by Section 111, Paragraph H, Subparagraph 5. of the Platting Ordinance; and WHEREAS, the Developer has deposited cash in the amount of $102,727.21, which is 110% of the estimated cost of constructing the required improvements, as shown on the attached costs estimate, which is attached and incorporated as Exhibit "C ", with the City of Corpus Christi; and WHEREAS, the Developer has satisfied all other subdivision requirements, park dedications, park dedication deferment agreements, maintenance agreements, or special covenants have been completed; and WHEREAS, the Developer is entering into this deferral agreement as required by Section V, Paragraph A, Subparagraph 3.b) of the Platting Ordinance; and WHEREAS, the City Attorney and Director of Finance have approved this transaction. NOW, THEREFORE, the City and Developer agree as follows: 1. The City agrees to allow the Developer to defer the construction of the required improvements, including construction of the street, curbs, gutters, and sidewalks along Cimarron Boulevard that adjoins Mariposa Subdivision, as shown in Exhibit "B ", until the City causes said improvements to be constructed as a portion of their overall plan to finalize construction of Cimarron Boulevard from the Mariposa Subdivision north to Yorktown Boulevard. Page 1 of 4 Deferment Agreement Mariposa Subdivision — October 9, 2003 2. The Developer agrees to deposit $102,727.21, cash, for 110% of the estimated cost of constructing the required improvements, as shown in Exhibit "C ", which is attached to and incorporated into this agreement, with the City of Corpus Christi on or before the plat is filed with the County Clerk, and if the deposit is not made by that time this Agreement shall become null and void. 3. The City and Developer agree that if the Developer formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for construction of the required improvements, including construction of the street, curbs, gutters and sidewalks along Cimarron Boulevard that adjoins Mariposa Subdivision, the monies will be released and returned to the Developer. 4. The City's Director of Engineering Services, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. 5. No party may assign this Agreement or any rights hereunder without the prior written approval of the other parties. 6. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted opposite the signature of such party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. 7. This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. 8. The Developer further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the disclosure of Ownership interests form attached hereto. 9. This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at least two original copies has been executed by the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. Page 2 of 4 Deferment Agreement Mariposa Subdivision — October 9, 2003 EXECUTED in triplicate this l y day of Duo 6 e � 2003. HOGAN DEVELOPMENT COMPANY, L.P. 800 N. Shoreline, Ste 350 Corpus Christi, TX. 78401 Telephone: (361) 883 -1550 Facsimile: (361) 883 -1554 By: HOGAN DEVELOPMENT COMPANY, L.P. A Texas Limited Partnership By: Neill Amsler, Manager of Seabreeze LTD, Co., General Partner THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this iq da Y of 2003, by Neill Amsler , Manager ,, of Seabreeze LTD, Co., General Partner, of Hogan Development Company, L.P. a Texas Limited Partnership, on behalf of said limited partnership. Notary PuOfic, State of Texas 'SPRY .. •. ..� PATTY L. MOORE Notary Public State of Texas My Comm. Ex p. 11/29/2005 MpbMNH Page 3 of 4 Deferment Agreement Mariposa Subdivision — October 9, 2003 CITY OF CORPUS CHRISTI P.O. Box 9277 Corpus Christi, TX. 78469 Telephone: (512) 880 -3500 Facsimile: (512) 880 -3501 Attest: By: Armando Chapa By: City Secretary George K. Noe, City Manager THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on , 2003, George K. Noe, City Manager, for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas Approved as to form: This & day of ` /, ,� __ _ _ , 2oo� r By: R. Jay Reini City Attorney 17, s 7L Page 4 of 4 Deferment Agreement Mariposa Subdivision — October 9, 2003 10/31/2003 11:48:10 AM F:1 PRO. SECTS 132000UP1323161A2001DEFERRAL EXHIBIT.owc COSTING so' R.O.W. 19. 27' C.P.L ESMT. 2s' i it sr ONION NAIL r Crushed S' ma ob. ideiswet '11413:11:117:4 EWE 24' 1U' 2' 1 fflgAa ass ■ 1 111 w/r.r 1' gyrriNgmh MEMO 11- CI HMARON BOULEVARD STREETT SETION.�• Curb NOT—TO—SCALE SPECIFICATIONS 2" Type 1 1401 Nlx ► olUc Concrete Stone (Type A Grads 1) Dose Campocisd to WM Std. Proctor Density Tensor SS -1 Comp. Sub bads Compact : S Ord YProetor Density 0 c rn n a T 2 2 ■ • 2 rF DRIVE- _ w - " O 4) cu `t tri Q p kr) - § tZr' t►j Brine ,Yive • hi o$ o� k EXHIBIT "B" 1 } 300 3 C r i NF I is i 1M1 1 ••i MARIPOSA SUBDIVISION 200 100 200 GRAPHIC SCALE 1" = 200' 400 DEFERRAL EXHIBIT CIMARRON BOULEVARD PAVING IMPR 0 VEMENTS URBA 1st - ENGINEERING CORPUS CHRISTI, TEXAS PA. ,ox e3. CORPUS swim. TEXAS 784U -4 lM1 S N . 316 FAX DATE: .10- -16 -03 BY: AC r _ r Aq P. ___ z_:______ Ir F A 1 } 300 3 C r i NF I is i 1M1 1 ••i MARIPOSA SUBDIVISION 200 100 200 GRAPHIC SCALE 1" = 200' 400 DEFERRAL EXHIBIT CIMARRON BOULEVARD PAVING IMPR 0 VEMENTS URBA 1st - ENGINEERING CORPUS CHRISTI, TEXAS PA. ,ox e3. CORPUS swim. TEXAS 784U -4 lM1 S N . 316 FAX DATE: .10- -16 -03 BY: AC Engineer: Urban Engineering Cost Estimate 11- 17-03 By: M. Hudson for Date :8 -28-03 CIMARRON BLVD. Job No. 32316A2.00 PAVING AND STORM SEWER IMPROVEMENTS MARIPOSA SUBDIVISION ITEM DESCRIPTION ESTIPAATED UNIT UNIT TOTAL QUANTrTY PRICE COST OFFSITE MIPROVEINENTS B. CIMARRON BOULEVARD (112 of 40' B -B): 1 Clear and Grub 112 of 80ft Right of Way: 1.19 AC $390.00 $464.10 2 Roadway Excavation 2,710 CY $3.60 $9,756.00 3 2" HMAC Including Prime Coat 2,486 SY $5.$5 $14,543.40 4 8" Cement Stabilized Caliche Base 2,486 SY $7.50 $18,645.00 5 8" Lime Stabilized Subgrade 3,028 SY $3.10 $9,386.80 6 6"11.' Curb 1,182 LF $9.00 $10,638.00 7 4' Sidewalk 5,003 SF ' $3.20 $16,009.60 8 _ 15" RCP 15 LF $22.00 $330.00 9 5' Slot Inlet 1 EA $1,600.00 $1,800.00 10 Tie to Existing 15" RCP 1 ' EA $1,500.00 $1,500.00 11 Pollution Prevention Items 1 LS $4,000.00 $4,000.00 SUB- TOTAL. $86,872.90 ENGINEERING FEE $6,515.47 TOTAL: _ 3,388.37 _ $93,388.37 Note: Estimates are based upon contract pricing from adjacent subdivision work. 1 1 1 I *Per Deferment Agreement, Developer Deposit Amount: 11O% of $93,388.37 II $102,72711 IIIIIIIIUIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMMIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Print Date:12 /03 Urban Engineering 2725 Swantner Corpus Christi, TX 1$404 1-361-854-3101 EXHIBIT `O" 17 AGENDA MEMORANDUM AGENDA ITEM: January 7, 2004 1. Motion approving the street construction Deferment Agreement between the City of Corpus Christi and The Most Reverend Edmond Carmody, D.D., Bishop of the Diocese of Corpus Christi, A Corporate Sole, And His Successors in Office, in the amount of $23,113.61 for the future street construction improvements to Cimarron Boulevard, an urban Collector roadway, in accordance with the Platting Ordinance, and declaring it an emergency. ISSUE: The Most Reverend Edmond Carmody, D.D., Bishop of the Diocese of Corpus Christi, A Corporate Sole, And His Successors in Office, owner and developer of St. Maria Stella Tract, Block 1, Lot 1, has submitted Deferment Agreement documentation to defer the construction of Cimarron Boulevard in accordance with the Platting Ordinance, Section V- Required Improvements, Subsection A.3. b) (1). The Motion authorizes the City Manager, or his designee to execute a deferment agreement that would allow the Director of Engineering Services /City Engineer to approve the final plat for filing for St. Maria Stella Tract, Block 1, Lot 1, in advance of completion of seventy -five percent (75 %) of the required public improvements by the Developer, upon Developer posting a cash bond of equally liquid negotiable security with the City in the amount of 110% of the cost of the project; as authorized by section V, Paragraph A, subparagraph 3.8 (3) of the Platting Ordinance. CONDITION: Developer must post a cash bond or equally liquid negotiable security with the City in the amount of 110% of the cost of the project, and comply with all other requirements of the deferment agreement. RECOMMENDATION: Staff recommends approval of the ordinance as presented. ATTACHMENTS: Exhibit Exhibit Background Information Deferment Agreement C . yQ.6z1sa Margie C. Rose Assistant City Manager /Interim Director Development Services AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and the platting of St. Maria Stella, Tract, Block 1, Lot 1 required the developer to improve one half of the future 40 -feet, back -of -curb to- back -of- curb Cimarron Boulevard, including, street construction, curbs, gutters and sidewalks, along the section where Cimarron Boulevard adjoins St. Maria Stella Tract, Block 1, Loti The Most Reverend Edmond Carmody, D.D., Bishop of the Diocese of Corpus Christi, A Corporate Sole, And His Successors in Office has submitted Deferment Agreement documentation for approval by the City Council to defer construction of Cimarron Boulevard. A deferment agreement, (Exhibit "A ") between the City of Corpus Christi and The Most Reverend Edmond Carmody, D.D., Bishop of the Diocese of Corpus Christi, A Corporate Sole, And His Successors in Office will allow the Developer to defer the construction of required improvements such as construction of the street pavement, curbs, gutters, and sidewalks, until the City causes said improvements to be constructed as a portion of an overall plan to finalize the construction of Cimarron Boulevard from the south limits of the Mariposa Subdivision north to Yorktown Boulevard. The Developer has agreed to deposit $23,113.61, cash, for the 110% of the estimated cost of constructing the required improvements, as shown on exhibit "C" and in compliance of the Platting Ordinance Section V- Required Improvements, Subsection A.3. b) (1). DEFERMENT AGREEMENT STATE OF TEXAS } COUNTY OF NUECES } This Agreement is entered into between the City of Corpus Christi, Texas ( "City "), and The Most Reverend Edmond Carmody, D.D., Bishop of the Diocese of Corpus Christi, A Corporate Sole, And His Successors in Office ( "Developer"), and pertains to deferral of the improvements required prior to filing the final plat of St. Maria Stella Tract, Block 1, Lot 1 which was approved by Planning Commission on June 21, 2001, a copy of the plat is attached and incorporated as Exhibit "A ". WHEREAS, the Developer is obligated under Section 111, Paragraph H, Subparagraph 5. of the Platting Ordinance to construct seventy -five percent (75 %) of the required improvements, including construction of the street, curbs, gutters, sidewalks and storm sewer line along Cimarron Boulevard that adjoins St. Maria Stella Tract, Block 1, Lot 1, as shown on Exhibit "B ", before the final plat is endorsed by the City's Director of Engineering. WHEREAS, the Developer is seeking to have the plat filed immediately with the County Clerk of Nueces County, Texas, before construction of seventy-five percent (75 %) of the required improvements as required by Section 111, Paragraph H, Subparagraph 5. of the Platting Ordinance; and WHEREAS, the Developer has deposited $23,113.51, which is 110% of the estimated cost of constructing the required improvements, as shown on the attached costs estimate, which is attached and incorporated as Exhibit "C ", with the City of Corpus Christi; and WHEREAS, the Developer has satisfied all other subdivision requirements, park dedications, park dedication deferment agreements, maintenance agreements, or special covenants have been completed; and WHEREAS, the Developer is entering into this deferral agreement as required by Section V, Paragraph A, Subparagraph 3.b) of the Platting Ordinance; and WHEREAS, the City Attorney and Director of Finance have approved this transaction. NOW, THEREFORE, the City and Developer agree as follows: 1. The City agrees to allow the Developer to defer the construction of the required improvements, including construction of the street, curbs, gutters, sidewalks and storm sewer line along Cimarron Boulevard that adjoins St. Maria Stella, Block 1, Lot 1, as shown in Exhibit "B ", until the City causes said improvements to be constructed as a portion of their overall plan to finalize construction of Cimarron Boulevard from the St. Maria Stella Tract north to Yorktown Boulevard. 2. The Developer agrees to deposit $23,113.61, in cash, for 110% of the estimated cost of constructing his share the required improvements, as shown in Exhibit "C ", which is attached to and incorporated into this agreement, with the City of Corpus Christi on or before the plat is filed with the County Clerk, and if the deposit is not made by that time this Agreement shall become null and void. Page 1 of 4 Deferment Agreement St. Maria Stella Church Tract — October 9, 2003 County Clerk, and if the deposit is not made by that time this Agreement shall become null and void. 3. The City and Developer agree that if the Developer formally vacates the current plat, with approval of the Planning Commission, prior to construction of the required improvements, including construction of the street, curbs, gutters, sidewalks and storm sewer line along Cimarron Boulevard that adjoins St. Maria Stella Tract, Block 1, Lot 1, the funds will be released and returned to the Developer. 4. The City's Director of Engineering Services, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. 5. No party may assign this Agreement or any rights hereunder without the prior written approval of the other parties. 6. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted opposite the signature of such party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. 7. This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. 8. The Developer further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the disclosure of Ownership interests form attached hereto. 9. This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at feast two original copies has been executed by the Developer, this Agreement shall become effective and binding upon and shalt inure to the benefits of the parties and their respective heirs, successors and assigns. Page 2 of 4 Deferment Agreement St. Marla Stella Church Tract — October 9, 2003 EXECUTED in triplicate this / � day of Od'e THE STATE OF TEXAS COUNTY OF NUECES , 2003. The Most Reverend d Carmody, D.D., Bishop of the Diocese of Corpus Christi, A Corporate Sole, and His Successors in Office 620 Lipan Street Corpus Christi, Texas 78403 Telephone: (361) 882 -6191 Facsimile: (361) 882 -1157 This instrument was acknowledged before me on (PP `__ _ , 2003, The Most Reverend Edmond Carmodv, D.D., Bishop for the Diocese of Corpus Christi, A Corporate Sole, and His Successors in Office. ;viSEDB4,/, Q ; -'PRY P[18.2 p.' � :tea c' ; • rr• • -� r : sE Notary u c in and or the State exas ,ter • • _co 4- • ,%. ..,co- ; ....... --?..-- %. 'TrEOF r's / .„±":. ' ••••''CPIRE••• '/1,' 3- 14- 0,������ X4/11111111111► Page 3 of 4 Deferment Agreement St. Maria Stella Church Tract — October 9, 2003 CITY OF CORPUS CHRISTI P.O. Box 9277 Corpus Christi, TX. 78469 Telephone: (512) 880 -3500 Facsimile: (512) 880 -3501 Attest: By: Armando Chapa By: City Secretary THE STATE OF TEXAS COUNTY OF NUECES George K. Noe City Manager This instrument was acknowledged before me on , 2003, by George K. Noe, City Manager, for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas Approved as to form: This ( day of ��.�. vr... , 20Q3r54 R. Jay Reining Acting City Attorney By: R. Jai ReiningU Acting City Attorney Page 4 of 4 Deferment Agreement St. Maria Stella Church Tract — September 9, 2003 ::E #i41404, 41.4, 0 iiraillill ell' ii,11111111 1H11111144 gip ill'IME solbel. *slime's • sew fillilli iiv... tIlimmie 110Pir Is: vir 111111111: Sfilliiiile imaig...jOrAZ:1"" adbk • if, all II MN WOROTA • * n. i• .. , e441814 iimi .. .viz gt, onsresevesu, ;rip, It 0 cjik ,... AM * • fAt% ' 0 40 . 10. • 1/0"•• 40 • lIlIlIlull Pr' LOCATION MAP — SCALE:1"=2000. EXISTING 80' R.O.W. 40' 27 CP.L. ESMT. Er. 20' EXIST. 20' COU TY R.O.W. COUNTY 48' B— B I 24' 10' j 2' 26' OF ROAD ...a ovERT REMOVE T. WEARING SURFACE MO NEW ASPHALT 1' PAST EDGE OF EXIST. BASE EXIST. AVEMENT A t-I- mist' ASPHALT ' 3/4" Al3OVE OF GUTTER 11; 4g MIX ASPHALT CRILSHEG STONE (TYPE ar GRADE 1) SOINTIPOBWOM 6" 1' 5' TIED SIDEWALK 6" 'L' Curb CIMMARON BOULEVARD STREET SECTION NOT—TO—SCALE SPEOIFICATIONS 2" Type 0 Hot Mix Asphaltic Concrete 9" Crushed Stone (Type A Grade 1) .Base Compacted to 98% Std. Proctor Density Tensor SS-1 6" Comp. Subgrade Compacted to 90% Standard Proctor Density Prime Coot MC-30 at 0.15 Gol/Sq. Yd. EXHBIT B CIMARRON BOULEVARD PAVING IMPROVEMENTS I URBAN\ k , ....„ CORPUS CHRISTI, TEXAS .} L ENGINEERING 11:4)14°1301) 1354-3101 FAX 04111 C54-1100— JOB NO 24158.A1.03 DATE: 9-17-03 BY: CRR Page 1 of 2 t- ax 0 ❑117i1nn .XL.A1 ok4 a 0– / TIE./. TO EXIST. 151 RCP1 STA 0+00 1 FL=9.42 eXIS11. SLOT I INLET r • tn x 8 I, f BAJER DRIVE (.?" I f- v • • • ----.-- , =6- .4 (PAVING BUILT BY SUNDANCE SUN1) C.F SUBDIVISM.W' UNIT UNIT ONE.) IRReords of Vuee(?s Court j, T4--,a7cfs j 1 7-7 F. Li F. TC=17.7± Vol. 6 Pgs. 6 7— 68, Mc STA 0+00 'ACL Ln 21' rsz /114 Oa- r 1 STA 0+19.5 TOP=16.00 FL=9.46 19.5'x15” RCP S=0.20% GB 1+87.13 TC=16.00 ccP STA 2+71.5 TC=16.5± .•■•• .■••• ••••••■ •••••••• - ....■••• • • ■•■ ST. MARIA STELLA TRACT 1' BLOCK 1, LOT 1 20' STREET DEDICATION PAVING IMPROVEMENTS CONSTRUCTION DEFERRED BY AGREEMENT WITH arr. DESIGN SHOWN FOR FUTURE REFERENCE. NOTE; THE EXISTING DITCH IN CIMARRON BLVD. SHALL BE BACKFILLED IN 1 FT. LIFTS AND COMPACTED TO 95% STD. PROCTOR DENSITY AT ±3% OTPIMUM MOISTURE. A MINIMUM OF ONE MOISTURE AND DENSITY TEST SHALL BE TAKEN PER 12" COMPACTED LIFT. LOT 6, SECTION 22 (OWNER: BONNIE JEAN HARALSON) Vol. 2068, Pgs. 643-651, Deed Records of Nueces County, Texas go 60 30 60 120 EXEMIT B CIMARRON BOULEVARD PAVING IMPROVEMENTS ID Mir nor URBAI4 ENGINEERING CORPUS CHRISTI, TEXAS_} Pitit168113111315648."1!4 Urer.131443551 DATE: 9-17—Q3 BY CRR Page 2 of 2 ENG.: Chuck Urban SY: CRR Cost Estimate for CIMARRON BOULEVARD PAVING AND STORM SEWER IMPROVEMENTS ST. MARIA STELLA TRACT Date: 9.17 -03 Job No. 24158.A1.03 ITEM IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMNIIIIII IIIIIIHIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIMMIIIIIIIIIIIIIIIIIIIIIIIII PAVING •acleari 2 DESCRIPTION AND STORM SEWER IMPROVEMENTS ADJACENT ESTIMATE I UNIT UNIT TOTAL QUANTIES 11111111 PRICE COST TO ST. MARIA STELLA TRACT (40' B-B): and Grubbi 0.26 AC $390.00 $101.40 Roadway Excavation 570 CY $3.60 $2,052.00 3 2" Hot Mix Asphaltic Cement Payment 570 SY $5.50 53,135.00 4 KM gm Prime Coat 570 SY $0.35 $199.50 8" Cement Stablized Cliche Base 570 SY $7.50 $4.275.00 8" Lime Stabilized Su • !reds 666 NM $3.10 $2,064.60 8 6"1.' Curb 286 LF $9.00 $2,574.00 9 4' Corxx+itte Sidewalk 1,142 SF $3.20 $3,654.40 10 Backfill Exist' ,! Cimarron Ditch 1 LS $1,400.00 $1,400.00 111 - - - Imm SUB.TOTAL: -IIIIIIII- :15,46.90 _TOTAL: IIIIIIMIIIIIIIIIIMIIIIMIMIMIIIIIIIIIIIIMIIIIIMIIIIIIIIMHMIIIIIIIIIIIIIIMI NM -_ $21,012.37 Per Deferment , moment, Qevelo . er Deposit Amount: 1101 of $21,012.37 = ;23,113.61 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMIMIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIMIIMIIIIIIIIIIM IIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMIIMIIIMIIIIIIIIIIIIIIIIIIINIIIMMIMIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIINIIIIIIIMIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIMIIIIIIII IIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIMIIIIIIIIIIIMIIIIIIIMIIIIMIIIIIMMIIIIIIIIIIIIIIIIINIIIIIIIIMIIIIIIIIIIIIIIIIMIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIMIIMIIIIIIIIIIIIIIIIIININIIIIIIIIII Print Date:1 2/2/03 Urban Engine 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 EXHIBIT ••C" 18 AGENDA MEMORANDUM January 13, 2004 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 17 to the architectural /engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in an amount not to exceed $143,870 for additional construction phase services for the Corpus Christi International Airport Terminal project. (Project No.1071) FUNDING: Funding is available from Airport Capital Improvement Funds. RECOMMENDATION: Approval of the motion as presented. Dave Hamrick Director of Aviation An :. = I scobar, P. E. D rector of Engineering Services ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B. Prior Council /Administrative Actions Exhibit C. Contract Summary Exhibit D. Location Map BACKGROUND INFORMATION 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. ADDITIONAL INFORMATION: The amendment provides a six month (26 weeks) extension of construction phase services. The extension is necessary to administer the build out of the Transportation Security Administration and Federal inspection Station lease spaces. The City was unable to consummate a timely lease agreement with the General Services Administration. The delay in the lease approval by GSA resulted in a delay in design work of the lease spaces. The contract as amended provided for a construction completion date of December 2003. The Council is being requested to approve in a separate agenda item a change order with Fulton /Coastcon, J.V. to complete the building shell to a "dried in" status. The total of the build out cost prevents the City from completing the project as a change order. The Local Government Code limits the total value of change orders for a project to 25% of the original contract price. This requires a new contract be issued for the completion of the interior build out. The amendment is needed to allow continued participation of the architect and their sub - consultants during the remaining construction phase and project closeout. The amendment is on a not to exceed basis. The City will be billed only for actual services performed. A contract summary is attached. See Exhibit C. These actions will expedite project completion and provide lease revenue to the Aviation Fund. BOARD/COMMITTEE REVIEW: The Airport Board has reviewed the amendment and recommended its approval. EXHIBIT A Page 1 of 1 H :IHOM E\KEVI N SIG ENIAI R1N EWTE RM\AE #'I 7AW D. bkg .doc PRIOR COUNCIL ACTIONS 1. 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) 2. March 30, 1999 - Approval of recommended Terminal Reconstruction and Landside Development concept at CCIA. (M99 -089) 3. 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) 4. 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). 5. December 21. 1999 - Approval of the Terminal Design Concept as presented by the Gensler Team. 6. January 25. 2000 - Motion to authorize City Manager to execute Amendment No. 1 to the architectural /engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $72,095 related to the airport automated access control system (ARCS) and closed- circuit television (CCTV) system for the Terminal Reconstruction project. (M2000 -027) 7. 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) 8. May 231 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) 9. 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 EXHIBIT B Page 1 of 6 H:IHOMEWEVI NS\GENIAI R\ NEWTERM IAE #17AWDPriorActlonsExhB.doc $38,618.74 for the Corpus Christi International Airport Terminal Construction project. (M2001- 207). 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 141 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). 22. June 6. 2002 — Motion authorizing the City Manager to execute Change Order No. 35 (extend canopy 35' from commercial island to parking lot) with Fulton /Coastcon in the amount not to exceed $212,129.81 for the Corpus Christi International Airport Terminal Construction project. (M2002 -192). 23. December 17, 2002 - Motion authorizing the City Manager to execute Amendment No. 13 to the architectural/engineering services contract With M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $366,158.00 for the for the Corpus Christi International Airport Terminal Construction project (M2002 -102). 24. Mav 27, 2003 - Motion authorizing the City Manager, or his designee, to execute change order 45 with Fulton /Coastcon, Inc., A Joint Venture, in the net amount of $425,41 0.87 for Corpus Christi International Airport New Terminal Building for concrete and structural steel for the retail and Transportation Security Administration lease areas and an exterior finish system for the Air Cargo Building (M2003 -198). EXHIBIT B Page 2 of 6 H:IHOME\KEVI NSIGENIAI RIN EWTERMIAE #17AWDPriorActionsExh B.doc 25. October 14, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 16 to the architectural /engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $150,350 for additional construction phase services for the Corpus Christi International Airport Terminal project. (M2003 -361) 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. 7. March 19, 2001 - Award of Change Order No. $ 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, 200 1 - 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. 200 1, - May 22, 200 1 - 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. Page 3 of 6 H:1HOMEIKEVI NSIGENIAI RINEWTERMIAE #'I 7AWDPriorActionsExhB.doc 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 FultonlCoastcon 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. August 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. 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. December 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 9111 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. EXHIBIT B Page 4 of 6 H:IHOMEIKEVI NSIGENIAI R1N EWTERMIAE #17AWDPriorActionsExhB.doc 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. 36. July 17, 2002 - Award of Change Order No. 36 in the amount of $20,265.24 to Fulton/Coastcon for various minor enhancements (carpet, voice /data circuits, door pulls, security modifications, etc.). 37. August 7. 2002 - Award of Change Order No. 37 in the amount of $19,558.82 to Fulton/Coastcon for mechanical, electrical and other modifications. 38. September 5, 2002 - Award of Change Order No. 38 in the amount of $24,954.30 to Fulton/Coastcon for placing terrazzo in the food court. 39. October 30. 2002 - Award of Change Order No. 39 in the amount of $20,030.49 to Fulton/Coastcon for various electrical modifications, lock sets, PA service, etc. 40. November 5, 2002 - Award of Change Order No. 40 in the amount of $17,231.32 to Fulton/Coastcon for electrical modifications, advertising modifications, rent car telephones, and window blinds. 41. February 6. 2003 - Award of Change Order No. 41 in the amount of $21,337.32 to Fulton/Coastcon for food court ceiling and relocation of visitor information desk. 42. February 17, 2003 - Award of Change Order No. 42 in the amount of $22,915.20 to Fulton/Coastcon for additional electrical power to rent car offices, vending machines, enclosure of open administrative space, storage of equipment City requested advanced delivery, and additional security costs. 43. February 28, 2003 - Award of Change Order No. 43 in the amount of $24,542.08 to Fulton/Coastcon for various electrical, plumbing, signage, fire alarm, and HVAC modifications. 44. March 21, 2003 - Award of Change Order No. 44 in the amount of $20,422.87 to Fulton/Coastcon for various ticket counter shell, bagwell for Delta, additional piping flanges, modification of rent car parking lot, removal of manholes under additional retail space, new gate operator support, conduit to new checkpoint location. 45. April 10, 2003 - Award of Change Order No. 46 in the amount of $24,919.61 to Fulton/Coastcon for valance support, fire alarm monitoring modules for jet bridges, HVAC modifications, western power feed to jet bridge power center, and interior trash receptacles. 46. April 30, 2003 - Award of Change Order No. 47 in the amount of $24,393.37 to Fulton/Coastcon for painting old terminal, hardware revisions, exterior operators for fire doors, relocation of fire hydrant, fiber optic network, power for vending, retail and check point lights, and adding regulator and vent to boiler. 47. June 25, 2003 - Amendment No. 14 to M. Arthur Gensler and Associates in the amount of $24,900 for relocation of the jet bridge emergency generator, women's restroom, security checkpoint, and modification of Gate 6 for international and domestic arrivals. H AHO M EWEV I NSIG ENW I RW EWTE RNME #17AW DPrIorAc#ions ExhB.doc EXHIBIT B Page 5 of 6 48. June 27. 2003, - Award of Change Order No. 48 in the amount of $23,998.95 to Fulton /Coastcon for painting type -S Tight fixtures, adding four smoke alarms to baggage claim, backflow check valve at Gate 2, photocells for type -M light fixtures, electrical support for Southwest Airline move, revise cargo facility CCTV cameras, chiller expansion tank, revise doors for the temporary Southwest Airline ticketing location. 49. July 7, 2003 - Award of Change Order No. 49 in the amount of $23,562.00 to Fulton/Coastcon for Hayden W. Head sign. 50. July 28. 2003 - Award of Change Order No. 50 in the amount of $22,923.05 to Fulton/Coastcon for modifications to the Southwest Airline Air Traffic Operations area, modification of existing fire sprinklers, additional ticket lobby restroom signage, underground utilities for concourse expansion, power to temporary Aero Mex location, revision of cargo building participation to tenants' requirements, removal of transite material, and wall grills in cargo building. 51. September 23, 2003 - Amendment No. 15 to M. Arthur Gensler and Associates in the amount of $16,250 for documentation of revisions to west and east administrative offices, specification of furniture, meetings with Art Task Force, improvement of lighting in security checkpoint area, design and document Terminal primary sign and lighting adjacent to McGregor murals. 52. September 24, 2003 - Award of Change Order No. 51 in the amount of $24,802.51 to Fulton /Coastcon for automated chiller valve operation, 277 volt lighting circuits, and chiller piping modifications. 53. October 24. 2003, - Award of Change Order No. 52 in the amount of $24,1 89.76 to Fulton/Coastcon for upgrade of the temporary partition, additional signage, and finish trim not included on plans. 54. November 6, 2003 - Award of Change Order No. 53 in the amount of $23,766.51 to Fulton/Coastcon for modification of AHU ducts, modification of Southwest Airline ticket counters, additional exterior hose bibs and gate operator power. EXHIBIT B Page 6 of 6 H :IHOMEIKEVI NSIGENIAI RINEWTERM TAE #17AWDPriorActionsExhB.doc Contract Summary Corpus Christi International Airport Terminal Contract or Architectural /Engineering Services Section II. SCOPE OF SERVICES, paragraph B.1.h CONSTRUCTION SERVICES, Construction Phase is revised and will read as follows: B. CONSTRUCTION SERVICES h. make necessary visits to the site(s) of the project, work in cooperation with the City Engineer and his/her representative (Project Manager) and contractor to observe the general progress and quality of work, 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. Consultant site visits will not constitute or be confused with a resident inspection or continuous monitoring of the progress of construction. The anticipated duration of construction is increased six (6) additional months to forty five (45) months commencing with the "City's" letter to Proceed to the General Contractor and concluding June 30, 2004. Section III. FEES Authorized is amended to read: Ill. FEES AUTHORIZED The City will pay the Consultant a restated total not to exceed fee of $3,601,399.00. The total fee consists of the original contract fee and an additional service fee authorized by amendments of the contract. The original contract fee consists of a total fixed fee for basic, construction, and post construction services in the amount of $2,018,200.00. This fee will be full and total compensation for all services provided and expenses incurred (with the exception of out of town travel, per -diem and air express charges) in performing the tasks specified as basic, construction, and post - construction phase services specified in Section II. Consultant will be compensated for airfare, ground transportation, lodging, and per diem meal expenses incurred due to out -of -town travel. The Consultant will also be compensated for air express charges and for reproduction of drawings requested on a nonscheduled basis. The City will reimburse the Consultant for authorized expenses in an amount not to exceed $206,800.00. The additional service fee authorized by Amendment No. 1 consists of a total not to exceed fee of $72,095.00. The fee consists of a total fixed fee in the amount of $54,890.00 and expenses as specified by the original contract not to exceed $17,205.00. The additional service fee authorized by Amendment No. 2 consists of a total not to exceed fee of $180,700.00. The fee consists of a total fixed fee in the amount of $170,200.00 and expenses as specified by the original contract not to exceed $1 0,500.00. The fee authorized by Amendment No. 3 consists of a total not to exceed fee of $420,940. The fee authorized by Amendment No. 4 consists of a total not to exceed fee of $14,000. The fee authorized by Amendment No. 5 consists of a total not to exceed fee of $14,920. The fee authorized by Amendment No. 6 consists of a total not to exceed fee of $14,900. The fee authorized by Amendment No. 7 consists of a total not to exceed fee of $5,280. The fee authorized by Amendment No. 8 represents of a not to exceed fee reduction of ($132,344). Exhibit C Page 1 of 2 The fee authorized by Amendment No. 9 consists of a total not to exceed fee of $20,850. The fee consists of a total fixed fee in the amount of $20,550.00 and expenses as specified by the original contract not to exceed $300.00. The fee authorized by Amendment No. 10 consists of a total not to exceed fee of $10,500. The fee authorized by Amendment No. 11 consists of a total not to exceed fee of $9,700. The fee authorized by Amendment No. 12 consists of a total not to exceed fee of $46,060. The additional service fee authorized by Amendment No. 13 consists of a total not to exceed fee of $363,158.00. The additional service fee authorized by Amendment No. 14 consists of a total not to exceed fee of $24,900.00. The additional service fee authorized by Amendment No. 15 consists of a total not to exceed fee of $16,520.00. The additional construction phase fee authorized by Amendment No. 16 consists of a total not to exceed fee of $150,350.00. The additional construction phase fee authorized by Amendment No. 17 consists of a total fee not to exceed $143,870.00. The fee consists of a total fixed fee in the amount of $134,830.00 and expenses as specified by the original contract not to exceed $9,040.00. Amendment No. 17 services will be based on the actual services provided and be invoiced based on the unit rates as set forth in the attached Exhibit G -17. Exhibit C Page 2 of 2 File : \Mproject\councilexhibits\exh 1071 a.dwg San Patricio County RIWR F4j 624 NUECES BAY z CORPUS CHRISTI BAY PROJECT LOCATION 1000 INTERNATIONAL DRIVE CORPUS CHRISTI, TEXAS ueGxow rm. LOCATION MAP NOT TO SCALE TERMINAL 11 PARKING p c 1 LANDING APRON en- TERMINAL BUILDING n LANDING APRON PROJECT LOCATION NOT TO SCALE CITY PROJECT No . 1071 CORPUS CHRISTI INTERNATIONAL AIRPORT (AMENDMENT N0. 17) FM AIP 3- 48- 0051 -28 -0O CITY OF CORPUS CHRISTI, TEXAS EXHIBIT "D" CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 MIMIP - - DATE: 12-31-2003 19 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 1/13/04 AGENDA ITEM: Motion recommending an Ordinance amending the City Coe of Ordinances Chapter 9, Aviation, to change the landing fee for nonscheduled commercial aircraft and the definition of commercial aircraft; providing for severance; providing an effective date; and providing for publication; and declaring an emergency. ISSUE: This Ordinance was adopted approximately 16 years ago and needs to be updated in two areas. The Ordinance does not differentiate between a large commercial aircraft, such as a 737, and a crop duster or a Cessna. 1 do not believe that it was ever the intent to charge landing fees to general aviation aircraft used for commercial purposes. The inspection (meeting and interviewing all landing small fixed -wing and rotorcraft to determine if the landing was for commercial purposes) and record keeping would probably require additional staff. To our knowledge this provision has never been enforced. Additionally, the leases we have negotiated with our current carriers set the Non - Signatory landing fees equal to 125% of the Signatory landing fee. In this Ordinance, the Non - Signatory landing fee states it will be 150% of the Signatory Landing Fee. We are proposing to align the Ordinance to coincide with our airline lease agreement rates. Amending this Ordinance will eliminate the requirement for small aircraft to pay landing fees which could negatively impact the F.B.O.'s in the future, and lower the required percentage for non- scheduled carriers which could positively impact future charter flights. Cargo aircraft over 12,500 pounds would still be charged the non - signatory landing fee. Based cargo aircraft operating under a Signatory lease and use agreement would pay signatory landing fees. REQUIRED COUNCIL ACTION: Approval of Ordinance as recommended. PREVIOUS COUNCIL ACTION: August 18, 1987 -- Ordinance No. 19930 defining the Landing fees for Commercial Aircraft was adopted by the Corpus Christi Code of Ordinances, section 9 -54. FUNDING: This change will not impact our current budget. CONCLUSION AND RECOMMENDATION: On January 7, 2004, the Airport Board recommended approval of the Ordinance as presented. 414.1•41-je Department Head Signature AN ORDINANCE AMENDING THE CITY CODE OF ORDINANCES CHAPTER 9, AVIATION, SECTION 9 -54, TO CHANGE THE LANDING FEE AND THE DEFINITION OF COMMERCIAL AIRCRAFT; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinances of the City of Corpus Christi, Chapter 9, Aviation, Section 9 -54 is amended as follows: "Section 9 -54. Landing fees for commercial aircraft. For purposes of this section "commercial aircraft" shall mean any aircraft, scheduled or unscheduled, with a gross certificated landing weight greater than 12,505 lbs. whisk that uses the airport for commercial p oses. ur "Operator" shall p p mean the person, company, or other entity which owns or is legally responsible for the conduct of the commercial activity for which owns or is legally responsible for the conduct of the commercial activity for which the aircraft is utilized. No commercial aircraft shall use the airport for the purpose of carrying passengers, freight, or mail for hire unless monthly reports and fees are timely filed and paid to the airport as provided by this section. Monthly reports on landings shall be filed by the fixed base operator servicing the aircraft with the office of the director of aviation on such forms as provided by the department of aviation. The operator of each commercial aircraft shall pay landing fees equal to: (1) A landing fee established by contract between the operator and the airport; or (2) A landing fee for nonscheduled commercial aircraft equal to one hundred twenty -five X125) per cent of the highest landing fee effective for scheduled commercial aircraft operating pursuant to a contract with the airport. Landing fees may shall be waived by the director of aviation upon evidence that a flowage fee for fuel purchased at the airport for the commercial aircraft exceeds the landing fees assessed against said aircraft." HA LEG- DIRISHARED IBURKE- 20431ORDINANCES\ORD NANCE AMENDING SEC 9- 54.DOC SECTION 2. If, for any reason, any section, paragraph, subdivision, on, 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 section, other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdiv' i .. subdivision, phrase, word and provision hereof shall be given full force and effect for its ur os p p e. SECTION 3. Publication of this ordinance shall be made in the official ' publ�cation of the City of Corpus Christi as required by the City Charter of the City of Christi, ty y o Corpus Chrfst�, 1-1: 1LEG- DIRISHAREDIBURKE- 2003\ORDINANCES\ORDINANCE AMENDING SEC 9- 54.DOC CITY • UN IL AGENDA MEMORANDUM Date: January 13, 2004 AGENDA ITEM: Resolution authorizing the submission of a grant application in the amount of $72,480 to the State of Texas, Criminal Justice Division for Year 5 funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit with a City match of $10,180 and $14,400 in-kind services and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. ISSUE: Fifth year funding is available from the State of Texas, Criminal Justice Division, under the Violence Against Women Act (VAWA) that provides funds to projects with the primary mission of reducing and preventing violence against women BACKGROUND INFORMATION: The grant continues support for the Family Violence Unit that utilizes officers and volunteers to contact family violence victims when a written report is made by a field officer or from a walk -in to the unit at the Police Department. The grant funds one victim case manager to contact victims who often fear retaliation and violence when the offender is released following arrest; contact with an advocate (case manager) can provide information concerning alternatives, available services, and protective orders to avoid continued violence. The case manager serves to establish and encourage a working relationship between social agencies and the Police Department and provides educational opportunities to the community through speaking engagements, distribution of literature, etc. An additional Staff Assistant is requested to handle the processing of Emergency Protective Orders. The long term goal of the grant is to provide victims of domestic violence and other serious crimes with crisis intervention, follow up assistance, encourage cooperation with law enforcement, facilitate utilization of available resources, and assist with immediate and long -term safety needs. REQUIRED COUNCIL ACTION: Approval to submit the application. PREVIOUS COUNCIL ACTION: Approval of the previous four years applications. FUNDING: The grant provides salary and benefits for one Victim Case Manager, an additional Staff Assistant, equipment, supplies, training, and mileage. The State provides $72,480 and the City $24,580 which may be an in -kind or a cash contribution. We are utilizing the volunteer hours from other agencies Child Protective Services, Police volunteers, etc. to provide $14,400 toward the match. The law enforcement trust provides $10,180 for training, travel, supplies and miscellaneous equipment. The funding is not on a declining percentage or ending funding cycle. CONCLUSION AND RECOMMENDATION: Staff recommends submitting the grant. q A va Chief of RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION IN THE AMOUNT OF $72,480 FOR YEAR 5 FUNDING AVAILABLE UNDER THE VIOLENCE AGAINST WOMEN ACT (VAWA) FUND FOR THE POLICE DEPARTMENT'S FAMILY VIOLENCE UNIT; WITH A CITY MATCH OF X10,180 IN THE NO. 1061 FUND, AND $14,400 IN -KIND SERVICES; FOR TOTAL PROJECT COST OF x97,060 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the State of Texas, Office of the Governor, Criminal Justice Division, in the amount of $72,480 for Year 5 funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit. The City match for this grant is $10,180 in the No. 1061 Fund, and $14,400 in -kind services, for a total project cost of $97,060. SECTION 2. The City Manager, or the City Manager's designee, may accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned in full to the State of Texas, Office of the Governor, Criminal Justice Division. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: January 7, 2004. Mary Kay Fischer City Attorney By: X,A4-1- Lisa Aguilar Assistant City Attorney Jan 13 VAWA nes.doc Samuel L. Neal, Jr. Mayor Grant Coversheet Form 1. ENTER the *gal name of the organization: City of Corpus Christi, Texas 2. ENTER the tit* of the project Violence Against Women Act (VAWA) 3. ENTER the division or unit to administer the project Corpus Christi Police Department 4. ENTER the agency's Mate payee Identification Number. 00000746000574 5. a) Is the applicant organization delinquent on any State or Federal debt? (SELECT One): No b) ENTER the date of the last audit: 9/1/2003 c) ENTER the agency fiscal year. 811/03 - 7/31/04 4. SELECT the funding source: Violence Against Women Act Fund (federal CFDA-1 5.588) zil 7. ENTER the grant period (ex: mm/dd/yyyy): From: 1 911 /2004 I To: I 8/31 /2005 8. ENTER the current grant number if a continuation project 'WF-03 -V30- 15171 -05 9. Budget Information (figures filled in from Budget Form) : CJD Funds Cash Match In -Kind Total $72,480 $10,180 $14,400 $97,060 i 10. a) is this a local or regional project? (SELECT One): Yes b) If you marked Yes', for Step 10. a) ; is this appkation subject to a regional COG prioritization process? (SELECT One): Yes j c) If you marked 'No', for Step 10. a) or b) ; then is this application subject to the State's TRACS process pursuant to 1 T.A.C. § §5.191- 5.253? (SELECT One): No A d) If you marked 'Yes' for Step 10. a} , SELECT the regional COG in which this project is geographically located: Coastal Bend Council Of Govemnents - Region 20 ,* 11. a) Is this grant application is response to a Request for Applications (RFA) as published in the Texas Register? (SELECT One): Yes : b) If you marked 'No', ENTER the name of the CJD staff member that you contacted for submission: 1 a. FOR COG USE ONLY b) CPTN #: c) Priority #: a) Is this application 12. a) ENTER the Authorized Official Information: Tide (Mr., Ms., Dr., Judge, etc.): Name: Position: Address: George K Mr. Noe City Manager, City of Corpus Christi P.D. Box 9277 City/State/Zip:, Telephone: E -mail: Corpus Christi 361-880-3220 Texas Fax: 78469 361 -880 -3839 Gecroeneactexas.com b) ENTER the Project Director Information: Title (Mr., Ms., Dr., Judge, etc.): Name: Position: Address: Pete Mr. Alvarez, Jr. Chief of Police, City of Corpus Christi P.D. Box 9016 City/State/Zip: Corpus Christi Texas r Fax 78469 Telephone: E -mail: c) ENTER the Financial Officer information: Title (Mr., Ms., Dr., Judge, etc.): Name: 361-886-2604 peteseodexas.00m Constance Ms. 'Sanchez 381- 886 -2607 Position: Address: Acting Director of Finance, City of Corpus Christi P.U. Box 9277 City /State/Zip: . Telephone: E -mail: Corpus Christi Texas 78469 361-880-3610 Fax: 391-61 361- 880 -3610 Fax: 391 -882 -7320 constanccctexas. com 13. SELECT your organization type based on the list of eligible applicants by fund source: 14. a) SELECT the headquarters county: Nueces J b) LIST the cities and counties within the service area: Corpus Christi, Texas hared with another COG? (E "Yes" or No "): d) $tads Oplication Identifier (SAI #) or COG Application ID: Grant Budget Form 1. a) Legal Name of Organization: Zity of Cofipus Christi, Texas b) Title of Project: Violence Against Women Act (VAWA) c) Grant Period: From: 1 9/14004 1' To: J 8/31 /2005 1 d) Grant Number. WF -V3o-15171 -O5 r 2. ENTER Minimum Match Percentage (If Applicable): 25'x. 3. ENTER CJD Requested Amount: , $0 4. ENTER Program Income Applied to this Budget (If Applicable): $0 5. Minimum Match Amount: 1 $0 6. Total Project Cost Amount: A $0 DG— ' T IL PERSONNEL Salary % Applied to the Grant CJD Funds Cash Match In -Kind Match Total Victim Case Manager: Amount to include Salary= $33,772 Retirement: $33,772 X 11.75% =$3,968 FICA: $33,772 X 7.65% = $2,584 Insurance: $2,462 100.00% $42,786 $42,786 Staff Assistant: Amount to include Salary = $15,348 Retirement: $15,348 X 11.75% = $1,803 FICA : $15,348 X 7.65% = $1,174 Insurance : $2,462 100.00% $20,787 $20,787 Volunteer Staff: 1200 hrs. Valued at $121hr estimated at approxima 23 hours per week 100.00% $0 $14,400 $14,400 CQNTI ANAL AND PROFESSIONAL SERVICES, CJD Cash In -Kind Total Not Applicable $0 TRAVEL AND TRAINING, CJD Cash In -Kind Total In State/Out -of -State Travel & Training Costs 1. Funds will be used to send Advocate and Assistant to Texas Council on Family Violence Conference. We are unable to detail costs because the conference information is not available at this time. 2. Costs will be expanded using the City of Corpus Christi Travel Policy which uses the Runzheimer Travel Index to provide per diem quotations: Additional costs will include tuition, lodging, rental cars, & related fees. $1,000 $1,000 Local Mileage: 500 miles © .36 per mile $180 $0 $180 EQUIPMENT CJD Cash In -Kind Total so SuPPLI *S AN'? D!RgCT OPERATING EXPENSES, CJD Cash In -Kind Total $2,500 $2,500 B. Communication 1. Cellular Phone Airtime ($30 X 12mo.) _ $360 2. Pager for Advocate ($6 X 12 mo.) = $72 Pager for Staff Assistant ($6 X 12 mo.) = $72 $504 $504 Page it of 2 Budget POI??? C. Printing Educational Literature & Advertisement — Funds will be used to print brochures, flyers, and banners; advertising for volunteer assistance in the local newspaper; and other like items used to administer this project. D. Miscellaneous Office Equipment— Funds will be used to purchase chair, desk, and other necessary equipment for staff assistant. E. Postage—Funds will be used to follow -up with victims who make a family violence, sexual assault, or stalking police report. T (the Direct Costs Against Ich the Indirect Rate Is Cha 14.01 % of direct charges( A copy of the approved costs allocation plan fo rthe City of Corpus Christi is attached to the grant application) CJD Direct Costs $63,573 $2,000 $1,496 $2,500 Match Direct Costs • $2,000 $1,496 Indirect Rate 14.01% Total $8,907 BU - SU Y BUDGET CATEGO -1 S PERSONNEL CONTRACTUAL AND PROFESSIONAL SERVICES TRAVEL AND TRAINING EQUIPMENT SUPPLIES AND DIRECT OPERATING EXPENSES OTAL DIRECT COSTS: INDIRECT COSTS OTAL: CJD $63 573 $0 $o $0 $0 $63 573 $8 907 72 :0 Total Match: Actual Match Percenta' e • , 'lied to this Bud . et Grant Number: Page 2 of 2 NUMMI $0 $0 $i 180 $0 $9 000 $10180 $0 $10180 IN -KIND $14 400 $0 $0 $o $0 $14 10 $0 24,580 25.32% TOTAL $77 973 $0 $1 180 $4 $9 000 $88 153 $8 907 $97 060 WF- 03 -V30- 15171 -05 Budget Form Match & Generated Program Income (GPI) Form 1. a) Legal Name of Organiza1or►: ►fir CotPusChril b) Tide of Project r Moen r c) Grant Period: From 91112004 To 08/311i • d) Grant Number: 10411.0444.10-1 .:.k . .41._ ' ' r ' _ l o l l . - ' _ 1 ' 1 1 ' el ' _ ..w,n.�. \ \ 2. a) ENTER Source of Cash Match (ex program income, city, county, etc.): 2. b) ENTER Amount 2. county, - a) ENTER Source of Cash Match (ex program income, city, etc.): i 1 2. b) ENTER Amount (1) Drug Seizure fund 3 10,180 (11) [2) (12) Y (3) A (13) (4) (14) (1) (15) (5) (16) (17) (8) (18) (6) (19) (10) Total Cash Mph $ 10,180 PROGRAM INCOME REPORTING The information requested below is not calculated in though some program income may be listed as "CASH the computations as part of this grant application. It Is for reporting purposes to CJD only. Even MATCH" within the Budget Form, all program income on -hand must be shown below. 3. ENTER Program lncvme end as of the grant application submission date. $10,180 21 ITY • UN L AGENDA MEMORANDUM Date: January 5, 2004 AGENDA ITEM: 1. Resolution authorizing the submission of a grant application in the amount of $13,299 to the State of Texas, Office of the Governor, Criminal Justice Division for Year 5 funding of the Computer Forensics Specialist grant of the Police Department with a City match of $51,793 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. 2. Resolution authorizing the submission of a grant application in the amount of $59,811 to the State of Texas, Office of the Governor, Criminal Justice Division for Year 1 funding of a Crime Scene Technician grant in the Police Department with a City match of $3,060 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant: 3. Resolution setting a priority number of one for the Computer Forensics Specialist and priority two for the Crime Scene Technician grant. ISSUE: City Council must approve submission of applications for both grants. The local Coastal Bend Council of Governments requires all jurisdictions to assign a priority number to each project if they submit multiple grant applications. Since the Computer Forensics Specialist is a fifth year project, it receives a higher priority number than the new project. REQUIRED COUNCIL ACTION: Approval to submit grant applications and assign the priority numbers. PREVIOUS COUNCIL ACTION: Approval of the previous four years applications for the Computer Forensics Unit. FUNDING: 1. The State will provide $13,299 and the City will contribute $51,793. The State provides salaries and benefits for one civilian Computer Forensics Specialist up to an allowable $13,299 for Year 5 funding. The City funds provide for the remaining salary, benefits, equipment, supplies and training. The grant is on a five -year funding schedule with this year being the fifth and final year. 2. The State will provide $59,811 for the salary and fringe benefits for two civilian Crime Scene Technicians. The Law Enforcement Trust Fund will provide $3,060 for training, equipment, and supplies. The grant will be on a five year funding schedule. CONCLUSION AND RECOMMENDATION: Staff recommends passing the resolution approving submission of the grant applications to the Office of the Governor, Criminal Justice Division. °Alvarez, J Chief of P ADDITIONAL BACKGROUND INFORMATION Agenda Item 1: The Corpus Christi Police Department is requesting fifth year funding for the Computer Forensics Specialist grant. The goal of the grant is to enhance the capabilities of the CCPD in the areas of prevention, investigation, and prosecution of computer - facilitated crime, especially in cases involving computer based sexual exploitation of children. The primary purpose of the computer forensics specialist is to extract evidence pertaining to computer crimes. Additionally, this individual will provide technical support and training to investigators and field officers on computer crime indicators, initial search and seizure requirements and procedures, and will provide expert testimony on computer crimes. The Computer Forensics Specialist, being an expert in computers, the Internet, and various types of cyber crime, can also be called upon to give presentations on cyber crime prevention to various organizations (i.e. public and private schools, Parent Teacher Associations (PTA), the Rotary Club, Boy and Girt Scouts of America, and area law enforcement seminars). Agenda Item 2: The Corpus Christi Police Department is requesting funds for a new grant to fund two civilian Crime Scene Technicians for the Identification Division. The technicians respond to crime scenes where they dust for fingerprints, take photographs, and recover any evidence for processing. The additional positions will also allow for the collection of DNA evidence from sex offenders as required by State law. This process allows sworn officers to continue their investigations and not worry about "capturing" the crime scene. The technicians will also respond to surrounding jurisdictions upon request and approval by a supervisor. RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION IN THE AMOUNT OF X13,299 FOR YEAR 5 FUNDING OF THE COMPUTER FORENSICS SPECIALIST GRANT OF THE POLICE DEPARTMENT, WITH CITY MATCH OF $5,816 IN THE NO. 1061 FUND AND CITY MATCH OF x45,977 IN THE NO. 1020 FUND, AND TOTAL PROJECT COSTS OF X65,092 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit 9 g submit a grant application to the State of Texas, Office of the Governor, Criminal Justice Division, in the amount of $13,299 for Year 5 funding of the Computer Forensics . . 9 p s cs Specialist grant of the Police Department. The City match for this grant is $5,816 �Y 9 in the No. 1951 Fund, and $45,977 in the No. 1 029 fund, for a total project cost of $65,092. p 1 SECTION 2. The City Manager, or the City Manager's designee, may accept, reject, � V i } + � � agree to alter the terms and conditions, or terminate the grant, if the 9 rant is awarded to the City. SECTION 3. In the event of the Loss or misuse of these funds, the City of Corpus . will ty rp s Christi assures that the funds will be returned in full to the State of Texas, Office of the Governor, Criminal Justice Division. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: January 5, 2004 Mary Kay Fischer City Attorney By: 4-/t/;"1-- Lisa Aguilar Assistant City Attorney Jan 13 Computer Forensics Specialist res.doc Samuel L. Neal, Jr. Mayor RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION IN THE AMOUNT OF $59,811 FOR YEAR 1 FUNDING OF A CRIME SCENE TECHNICIAN GRANT IN THE POLICE DEPARTMENT; WITH A CITY MATCH OF X3,060 IN THE NO. 1061 FUND; FOR TOTAL PROJECT COST OF X62,871 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the State of Texas, Office of the Governor, Criminal Justice Division, in the amount of $59,811 for Year 1 funding of a Crime Scene Technician grant in the Police Department. The City match for this grant is $3,050 in the No. 1061 Fund, for a total project cost of $62,871. SECTION 2. The City Manager, or the City Manager's designee, may accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the Toss or misuse of these funds, the City of Corpus Christi assures that the funds wilt be returned in full to the State of Texas, Office of the Governor, Criminal Justice Division. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor APPROVED: January 5, 2004 Mary Kay Fischer City Attorney By: 4v)-0- Lisa Aguilar Assistant City Attorney Jan 13 crime scene tech res.doc RESOLUTION SETTING A PRIORITY NUMBER OF ONE FOR THE COMPUTER FORENSICS SPECIALIST AND PRIORITY TWO FOR THE CRIME SCENE TECHNICIAN GRANT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council hereby sets a priority number of one for the Computer Forensics Specialist and priority two for the Crime Scene Technician grant. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: January 5, 2004 Mary Kay Fischer City Attorney C By: Lisa Aguilar Assistant City Attorney Samuel L. Neal, Jr. Mayor Grant Budget Form 1. a) Legal Name of Organization: I City of Corpus Christi b) Title of Project Computer Forensics Specialist c) Grant Period: From: 1 911f2004 1 To: 1 8131/2005 d) Grant Number 2. ENTER Minimum Match Percentage (If Applicable): 3. ENTER CJD Requested Amount: $0 4. ENTER Program Income Applied to this Budget Of Applicable): $0 5. Minimum Match Amount: $0 8. Total Project Cost Amount: $0 B T DE L PERSONNEL, ' sue, % Applied to the Grant CJD Funds Cash Match In-Kind Match Total Computer Forensics Specialist $10,680 $36,924 $41,604 Fica & Medicare $817 $2,825 $3,642 Insurance(Life & Health & Work Comp) $547 $1,889 $2,436 Retirement $1,255 $4,339 $5,594 CONTRACTUAL AND PROFESSIONAL SERVICES CJD Cash In -Kind Total TRAVEL AND TRAINING CJD Cash In-Kind Total TRAVEL AND TRAINING $1,150 $1,150 EQUIPMENT CJD Cash In -Kind Total Color Laser $1, 000 $1,000 Forensic computer replacement SUPPUES AND DIRECT OPERATING EXPENSES CJD $1,000 Cash In -Kind $1,000 Total Office Supplies $900 $900 Postage $100 $100 Communcations (pager$9X12) $96 $96 DVD Backup Media $220 $220 EIDE Hard Drives $500 $500 DVD-R/RW $500 $500 Internet Connection $350 $350 INDIRECT CI]STS (the Direct Costs Against CJD Direct Costs Match Direct Costs Indirect Rate Total Which the Induct Rate is Chargedt $0 BUDGET SU MARY BUDGET CATEGORIES C.,ID $13,299 ' CASH $45977 i IN-KIND 1 TOTAL so 276 PERSONNEL CONTRACTUAL AND PROFESSIONAL SERVICES $O $0 _ • $0 $Q TRAVEL AND TRAINING $O $1,150 $O $1,150 EQUIPMENT so $2,000 $0 $2,000 SUPPUES AND DIRECT OPERATING EXPENSES $p $2,666 $0 $2,666 TOTAL DIRECT COSTS: $13 299 $51 793 $9 , $65 992 INDIRECT COSTS $0 $D $0 $o TOTAL: _ $13,299 $511793 $D $65,992 Total Match: Actual Match Percentage Applied to this Budget: $51,793 79.5T% Grant Number. 1 __ _, _ Page 2 of 3 Budget Form Grant Coversheet Form 1. ENTER the legal name of the organization: 112. a) ENTER the Authorized Official Information: City of Corpus Christi 2. ENTER the title of the project: Computer Forensics Specialist 3. ENTER the division or unit to ad ninister the project: Organized Crime Unit 4. ENTER the agency's State Payee Identification Number: 5. a) Is the appficant organization delinquent on any State or Federal debt? (SELECT One): No b) ENTER the date of the #mot audit c) ENTER the agency fiscal year 6. SELECT the funding source: State Criminal Justice Planning (421) Fund (state) T_ ENTER the grant period (ex rmnllddlyyyy): From: I 9Nl2004 T To: J 8/31/2006 8. ENTER the current grant number if a continuation project 9. Budget Information (figures filled in from Budget Form) CJD Funds ' Cash Match In -Kind Pete Total $13,299 $51,793 $0 City Manager X092 10. a) Is this a koc:al or regional project? (SELECT One): City of Corpus Christi, PC box 9277 city : b) If you marked Yes', for Sip 10p a); is this appl'rc a ion subject to a regional COG prioritization process? (SELECT One): 78469 Telephone: I d Fax 361 - 880 -3839 •c) If you marked 'No', for Sip 10. to orb); then is this application subject to the State's TRACS process pursuant to 1 T.A.C. N5.191-5.253? (SELECT One): _ i GeorgeN .cam -" d) If you marked 'Yes' for Step 10. a) , SELECT the regional COG in which this project is geographicaly located: Tile (Mr., Ma., Dr., Jorge, etc.): Mr. Name: Pete George Noe Potion: Address: City Manager A�ddr+ees: _ Corpus Christi City of Corpus Christi, PC box 9277 city : Corpus Christi TX 78469 Telephone: petea (a cctexas. cam 361 - 8803208 Fax 361 - 880 -3839 E -mail: i GeorgeN .cam b) ENTER the Project Director Information: Title (Mr., Ms., Dr., Judge, etc.): r Chief of Police Name: Pete Alvarez, Jr. Position: Chief of Police Address: Corpus Christi Police Dept, PO Box 9016 CiLylStater ip: - _ Corpus Christi TX 78469 Telephone: 361 -886 -2604 Fax 361-886-2607 E-mal: petea (a cctexas. cam c) ENTER the Financial Officer Information: Title (Mr., Ms., Dr., Judge, etc.): lots . Name: Cindy O'Brien Position: 4 , Director of Finance Address: City of Corpus Christi, PO box 9277 City/State/Zip: Corpus Christi TX 78469 Telephone: 361 -880 -3610 Fax 361-880-7320 E -mail: cindyO @cctexas. corn, 13. SELECT your organization type based on the list of eligible applicants by fund source: Council of Governments (COG) 11. a) Is this ward appl'ical ion is response to a Request for Applications (RFA) as published in the Texas Register? (SELECT One): 14. a) SELECT the headquarters county: b) UST the cities and comities within the service area: City of Corpus Christi, Nunes County b) If you marked 'No', ENTER the name of the CJD staff member that you contacted for submission: It '.'Y: o'er"`): d) Atate Niphcalion Identifier (SAI or COG Application ID: Match & Generated Program Income (GPI) Form 1. a) Legal Name (*oyanizatton: City a1 Corpus Christi b) 'Title of Project: Computer RirensioeSpecialist 1 1 c) Grant Perirod: d) Grant Number: From: To: 1 0e131a5 2. b) ENTER Amount: PROGRAM INCOME REPORTING 61,792 The information requested below is not calculated in the computations as part of this grant application. It is for reporting purposes to CJD only. Even though some program Income may be listed as "CASH MATCH" within the Budget Form, all program Income on-hand must be shown below. 3. ENTER Program Income On -Hand as of the grant application submission date. 1 22 AGENDA MEMORANDUM DATE: January 13, 2004 SUBJECT: Revised Speed Limit -- Ayers Street (BS 286A) south of S.H. 358 AGENDA ITEM: Amending the code of ordinances Section 53 -254, Schedule V, increase of state speed limit in certain zones, by revising the speed limits on the following street section: • on Ayers Street, (BS 286a): revising the existing speed limits to the following: 9 O 35 mph from Port Avenue to a point at 0.516 miles (sta 219 +04.3) south of SH 358 or south of Gibbs Street, O 45 mph from a point 0.516 miles (sta 219 +04.3) south of SH 358 or south of Gibbs street to a point 0.962 miles south to (sta 269+84.36) or south of Allencrest Street, O 50 mph from a point at sta 269+84.36 or south of Allencrest street to a point 1.201 miles south to sta 333 +23 at the south city limit providing for penalties; providing for severance; and providing for publication. ISSUE: Speed limit revisions are necessary to reflect changes in abutting land use and adjoining street network. The speed study found that the posted speed limit needed to be upgraded to reflect the current conditions as determined by the Texas Department of Transportation. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Additional Support Material: Exhibit "A" Background Information Exhibit "B" Location Map H:IHOMEILYNDASIGENITraffic\Ayers Speed Zone1MEMG.doc 4i-gol;-. /Vet 1 R. Escobar, P. E., 'rector of Engineering Services BACKGROUND INFORMATION SUBJECT: Revised Speed Limit _ Ayers Street (BS 286A) south of SH 358 BACKGROUND: The Texas Department of Transportation ( TxDOT) completed a traffic engineering investigation to review the existing speed limit on Ayers Street (BS 286A) south of S.H. 358 or South Padre Island Drive. Ayers Street is a main arterial paralleling the future extension of the Crosstown Expressway south toward Saratoga Blvd. As a result of the traffic study findings a revision to the limits of the existing speed limit was indicated. Avers Street (B.S. 286A): The proposed speed zone consists of revising the speed limit south of S.H. 358 or South Padre Island Drive by extending the limits or distances of the corresponding speed zones from 35, 40 and 50 mph to longer distances within the City limits. The higher speed of 55 mph as a result now begins south of the city limit. The Transportation Advisory Committee did not review these TxDOT recommendations due to the need to expedite the installation of the speed limit revisions. The City's Traffic Engineering Office concurs with TxDOT's recommended speed limit revisions. EXHIBIT "A" Page 1 of 1 H:IHOMEILYNDASIGENITrafficlAyers Speed Zone\AGENDA BACKGROUND.doc \Mproject\coundilexhjblts\exh 11150.dwq EXISTING AVERS STREET SPEED LIMIT BS 286A CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT 6t DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 n f � PAGE : 1 o f 2 am, Imo _ _ .. ••• DATE: 01 -07 -2004 File \ Mproject councilexh l6its \exh11150.dw PROPOSED AVERS STREET SPEED LIMIT BS 286A CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT or ENGINEERING SERVICES PAGE: 2 of 2 DATE: 01-07-2004 UMW - .. ORDINANCE AMENDING THE CODE OF ORDINANCES SECTION 53254 SCHEDULE V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, BY REVISING THE SPEED LIMITS ON THE FOLLOWING STREET SECTION: On Ayers Street, (BS 286A): revising the existing speed limits to the following: p he 35 mph from Port Avenue to a point at 0.516 miles ( STA 219 +04.3) south of SH 358 or south of Gibbs Street. 45 mph from a point 0.516 miles (STA 219 +04.3 ) south of SH 358 or south of Gibbs Street to a point 0.962 miles south to (STA 269+84.36) or south of Allencrest Street. 50 mph from a point at STA 269 +84.36 or south of Allencrest Street to a point 1.201 miles south to STA 333 +23 at the south City limit. PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Code of Ordinances, City hristi is amended of Corpus p d ed by amending Section 53-254, Schedule V, Increase of state speed limit in certain zones, by revising the speed limits on the following street section: On Ayers Street, (BS 286A): revising the existing speed limits to the p following: 35 mph from Port Avenue to a point at 0.516 miles (STA 219 +04.3) south of SH 358 or south of Gibbs Street. 45 mph from a point 0.516 miles (STA 219+04.3) south of SH 358 or south of Gibbs Street to a point 0.962 miles south to (STA 269 +84.36) or south of Allencrest Street. 50 mph from a point at STA 269 +84.36 or south of Allencrest Street to a point 1.201 miles south to STA 333 +23 at the south City limit. CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Sec. 53 -254. Schedule V, increase of state speed limit in certain zones. Ayers Street (S.H. 286): ,.� ■w a ■ i w r r r r r r r r ■ ■ e A M r r w � r r From Norton Street to Part Avenue-35 mph—All times From Port Avenue to a point at 0.516 miles (Sta 219 +04.3) south of SH 358 or south of Gibbs Street -35 mph --All times From a point 0.516 miles (Sta 219 +04.3) south of SH 358 or south of Gibbs Street to a point 0.962 miles south to Sta 269 +84.36 or south of Allencrest Street -45 mph—All times From a point at Sta 269 +84.36 or south of Allencrest Street to a point 1.201 miles south to Sta 333 +23 at the south City limit -50 mph— All times * * * 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 definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Sec. 53 -55 Code of Ordinances. 23 AGENDA MEMORANDUM DATE:, December 16, 2003 SUBJECT: To Allow for the Bike Tour Around the Bay Event sponsored by the C.C. Chamber of Commerce/Texas A &M University Tarpon Foundation and to allow for similar events in the future AGENDA ITEM: Ordinance amending City Code Section 11 -8: Riding on SidwaIks, Pedestrian Walkways or Portions of New ship Channel Bridge to allow for the C.C. Chamber of Commerce/Texas A&M University Tarpon Foundation Bike Tour Around the Bay Event for September, 2004 provided specified conditions are met. ISSUE; The amendment to the ordinance as specified in the City Code requires Council approval for this event. CONDITIONS: The City agrees with this bicycle event provided the following conditions are met and implemented. 1. Prepare a Traffic Control Plan (TCP) and submit to TxDOT and City for review. 2. Complete implementation of the TCP as reviewed by TxDOT and City of Corpus Christi. 3. Hire and pay for a qualified contractor to set out all the traffic control devices on roadways within TxDOT right of way and City right -of -way; 4. Pay for the police overtime; 5. Prohibit support vehicles (chase Vehicles) from stopping or delaying traffic on the bridge or causeway except to pick up injured bicyclist or non - functional bike; 6. Require all participants to use helmets; 7. Require contracted medical emergency vehicles to patrol route; 8. Require minimum age of participants to be 16 years or older for the 65 miles Bay Tour; 9. General Liability insurance $1,000,000 minimum limit. 10. City and TxDOT to be named as additional insured. Waivers are required to be signed by each participant. Waiver form will state that City and TxDOT are to be indemnified. 11. Participant waiver form to be reviewed and approved by City prior to printing. RECOMMENDATION: Staif recommends approval of the ordinance with the specified conditions as presented. Additional StwrorJMaterIaJ• \ Exhibit "A' Background information l Exhibit `B" TxDOT Approval Letter Exhibit "C' Presentation IGNOPAEILYNDASIGENStreibleis wound the EINMEMD:cica tVg. 'Angel R. Escobar, P. E., Director of Engineenng Services -359- BACKGROUND INFORMATION SUBJECT: To allow for the Bike Tour Around the Bay Event Sponsored by the C.C. Chamber of Commerce/Texas A &M University Tarpon Foundation and to allow for similar events in the future. BACKGROUND:, The C.C. Chamber of Commerce/Texas A &M University Tarpon Foundation proposes two bicycle events tentatively scheduled concurrently in September, 2004 during the Bayfest weekend. The first event consists of a 65 mile bike event to begin near the intersection of Chapparral and Hirsch, Bayfront Plaza, onto the US 181 Harbor Bridge, through the City of Portland, on to Ingleside, Aransas Pass, Port Aransas, on the Ferry across the ship channel and on to Mustang Island, along S.H. 361 and onto the JFK Causeway through the Naval Air Station and onto Shoreline Blvd /Ocean Drive to return to the Bayfront Plaza. The second event consists of a 25 mile route from the Bayfront Plaza along Shoreline Boulevard and Ocean Drive to the Naval Air Station North Gate and back. The City Code Section 11 -8: Riding on Sidewalks. Pedestrian . Walkways or Portions of New Ship Channel Bridge specifically declares it unlawful for any person to ride a bicycle upon any pedestrian walkway, sidewalk or vehicular portion of the ship channel bridge, any freeway or other limited access street or roadway within the City. PRIOR BIKE EVENTS: A prior Bicycle event was approved by Council across the Harbor Bridge as follows: August 11, 1987 ---- Resolution No. 19893 -- Closing one Lane of Traffic for a Bicycle Race sponsored by the Corpus Christi Bicycle Club from 7 :00 a.m. to 7:30 a.m. on September 13, 1987 along the east lane of the North Bound portion of Ocean Drive, Shoreline Boulevard, 1.H. 37 Harbor Bridge and Nueces Bay Causeway. COUNCIL ORDINANCE: The City Code Section 11-8: Riding on Sidewalks. Pedestrian Walkways or Portions of New Ship Channel Bridge specifically declares it unlawful for any person to ride a bicycle upon any pedestrian walkway, sidewalk or vehicular portion of the ship channel bridge, any freeway or other limited access street or roadway within the City. Currently City Ordinance prohibits bicycle tragic on pedestrian or vehicular walkways. This agenda items is proposing to amend the current ordinance to allow special events involving bicycle traffic to use those previously restricted roadways and Harbor Bridge subject to approval by the City Traffic Engineer or his designee and the Police Chief, or his designee. H :IHOMEWYNDASIGEN1Streets1Bike around the Bay1BKGRound.doc -360- EXHIBIT "A" Page 1 of 2 TxDOT POSITION: The TxDOT District Office has issued a letter in response to the proposed event that offers no objection to the use of State right -of --way at the various locations identified for this event. The letter further states that the use of State right -of -way will be at the risk of the event organizers and that TxDOT does not assume liability for any injuries or damages to person or property arising from such use. CITY STAFF: The staffs position is to review the proposed plan for placement of traffic control devises and to require revisions as needed. The City will not issue an approval but rather a statement of no objection similar to TxDOT's. H:WGMEILYNOASIGENIStaneetssBike around the BeylBKGRaund.dOC -361- EXHIBIT "A" Page 2 of 2 1‘, UVI U0 'Mb 10:U4 raA 401 eUa Z.Z4b UR? MICK l'1' Texas Department of Transportation P.O. BOX 9907 • CORPUS CHRISTI, TEXAS 784694907 • (361) 808 -2300 December 9, 2003 Corpus Christi District RE: Bike around the Bay Ms. Gretchen Arnold Corpus Christi Chamber of Commerce Texas A&M University- Corpus Christi Tarpon Foundation Bike Around the Bay 311 S. Morningside Corpus Christi, Texas 78404 Dear Ms. Arnold: In accordance with your letter of November 17, 2003, the Texas Department of Transportation offers no objection to use State right -of -way at the various Locations stated in your letter (attached) for your group's September 24, 2004 "Bike around the Bay" bike tour. We reviewed your submittal package, and we are recommending some minor changes to your submittal package. Mr. Martin Horst will be coordinating with you on this matter. If temporary signs are needed for the event and are placed on State right of -way, there will be a need to coordinate temporary signing with our Office. I have enclosed Form 2057 "Use of State of Texas Right of Way for Temporary Signs for Special Events" that must be completed and received at our office at least 7 days prior to proposed use on the right or way. You are hereby advised that the use of State right - of-way will be at your own risk and that TxDOT does not assume liability for any injuries or damages to person or property arising from the use of said State right -of -way. Furthermore, it will be your responsibility to coordinate with the necessary Law enforcement agencies as necessary and provide all traffic control accordingly. We will continue to work with City Engineering and the Bicycle Event Planning Committee in support of this event. If you should have any additional questions or comments you may contact Martin C. Horst, P.B., Corpus Christi Area Engineer at (361) 808 -2261 or myself at (361) 808- , 2224, VP:ag cc: Paula Sales- Evans, TxDOT Interim DE Martin Horst, TxDOT Area Engineer Skip Noe, Corpus Christi City Manager 1,471-iNir Victor Pifion; Jr., P.E. Director of Maintenance An Equal Opportunity Employer -362- EXHIBIT "B" Page 1 of 5 la oai i■ VQ• VU atm 1v. wit rt* 001 DVo LCg0 Lili#` t'tiKIIT L , November 17, 2003 Angel Escobar • Director, 8trigiaeeriag Services City of Corpus Christi P.O. Box 9277 Corpus Christi, TX. 78469 Dear Mr, Escobar: Enclosed please find the Traffic Control Plan (TGP) for a bicycle event taking place Saturday, September 24, 2004. The event will begin at 7:00 a.m. and conclude by 2:00 Pim There are two routes associated with this event; one route that is 65 • . � � � miles in length and encompasses Corpus Christi Bay via the Bridge, Portland, esid Pass, Port Island, Padre WAS and Ocean Dr. ■ • • and another route that is 25 riles in length, traveling south on Ocean Dr. to NAS, and back. The enclosed TCP includes a text version of each route including . specific traffic management details, an overall map of each route, blow-up f p s routs areas of specific interest, and associated TXDOT traffic management d ' . g es�n plans and standards for areas of specific interest. Extensive planning and preparation in the development of the TCP has es taken place and involved representatives from event planning Texas Department o . group, �p f Transportation (TxDOT), Corpus Christi Police Department (CcPD), and City Of Christi Engineering Services and Traffic Engineering. The Transportation in eering po Advisory Committee ('TAC) approved the event in concept at the October 27, 2003 meeting. The enclosed plan has been approved by Martin Horst with TxDOT and • CCPD. Capt. Robert MacDonald � I am requesting that you approve the enclosed TCP for the event so that a City Council l • approval for December 9, 2003 can be secured. Respectfully Submitted: omd Gretchen Arnold Event Planning Committee -363- EXHIBIT "B" Page 2 of 5 itg 002 12/00/03 Tog 16 :05 FAX 361 808 2245 AIMPOr Allerwzrow n Foam 2067 (arm) (am) Pigs t of CRP PERMIT 1003 Application for Use of State of Texas Right of Way for Temporary Signs for Spsclai Events Please print or type information Date: To the Texas Department of Transportation (TXDCT) do Area Engineer , Texas This form must be received at least 7 days prior to proposed use on the right of way. Applicant sign within the right of way of I Ughway Location proposes to place a County, Texas. 0 Check here for placement of multiple aims and submit the information requested on the Supplemental Sheaf The temporary structurelvehicle will be placed the following characteristics: Mounting Height Sign Dimensions (Height, Width, Length) Sign Matedal Sign Support Dimensions Sign Support Material Proposed Text Background Color Legend Color The right of way will be used FROM DATE TO DATE (maximum of 60 days) and the nature of the event is feet from the roadway and will have The sponsor of the event, If applicable, is i will avoid or minimize impacts, and will, at my own expense, restore or repair damage resulting from this event 1 MR be responsible for any damages or accidents that may occur during the term of this perm it and save TXDOT and the State of Texas harmless. I will abide by all applicable federal, state and local environmental laws, regulations, ordinances, and any conoitlons or restrictions required by TxDCT to protect natural and cultural resources of the right of way. If this event causes hazardous traffic conditions to develop, I will cease the actMty until corrective measures have been implemented. It is expressly understood that TxDCT reserves the right to enforce the terms and conditions that it may deem necessary for the protection of the transportation facility and safety of the traveling public. By signing below, i agree to the conditions/provisions included in this application. I am authorized to sign on the behalf of the organization holding the event. Applicant By Title Signature Mailing Address City, State Zip t ) - Area Code Telephone Number -364- EXHIBIT "B" Page 3 of 5 7 (1 ad., va• var WD 111. Val r rui 0D1 OVO £ 1 Lit[!' maul' 4 Form 2oir 012001 i Page 2ors Name • Applicant Control Number Highway Number Approval Section County Sort Date of Agreement Termination Date of Agreement Signs must be constructed of heavy cardboard, plastic, fabric mesh or plywood, no thicker than 14 inch, An approved sign must not: • exceed 16 square feet in placed on the roadside to inform the traveling public; • exceed four square feet if used to guide participants in a bicycle or pedestrian event; • extend more than three feet beyond the pavement edge if the sign is a banner; or • imitate or resemble any official traffic sign, signal, or device. An approved sign may not be placed: • in a location where it may prevent the driver of a vehicle from having a clear and unobstructed view of official signs and approaching or merging traffic; • on any highway appurtenances, including, but not limited to bridges, traffic control devices, official signs, sign supports, and light standards, poles, and delineators; • on a tree or other natural feature; • less than 18 feet (clear) above the pavement If the sign is a banner placed over the pavement; or • closer to the pavement edge than official highway signs, except for those signs used to guide participants in a bicycle or and pedestrian event. TxDOT reserves the right to remove a sign if it becomes a hazard due to inclement weather, inadequate maintenance, accidental damage, or other hazardous cause. A sign approved for temporary use may not be erected more than 24 hours prior to the event, However, if the sign is a banner it may be installed no more than 30 days prior to the event. It is understood that a sign must be removed within 24 hours of the completion of the event except banners shall be removed within seven days of the completion of the event. A special event sign not removed within the allotted time is subject to removal by TxDOT and the applicant is liable for removal and deposal costs. It is expressly understood that TxDOT does not purport, hereby, to grant any right, maim, title, or easement in or upon this highway. In the event the party fails to comply with any or all of the requirements as set forth herein, the approval may be revoked and TxDOT may take appropriate action. Name at TxDOT Representative Address Tide Signature, TxDOT Representative rCity, State Zp Date of Final Approval Area Code Telephone Number -365- EXHIBIT "B" Page 4 of 5 [giUU4 12/09/03 TUE 18 :05 FAX 381 808 2245 CRP PERMIT Form 201F7 (9/2001) Page 3 of 3 Supplemental Sheet Application for Permit Use of State of Texas Right of way for Temporary Signs This temporary sign will be placid , , foot from the edge of the roadway and will have the following characteristics: Mounting Height Thickness Sign Dimensions (Helot. Width, Length) Sign Material Sign spat Dimensions Sipe Support Material Proposed Text Background Color Legend Color This temporary sign will be placed feet from the edge of the roadway and will have the following characteristics Mounting Height 'thickness Sip Dimensions (Height, Width, Length) Sign Material Sign Support Dimensions Sign Support Material Proposed Ted , Badcground Color Legend Color This temporary sign will be placed feet from the edge of the roadway and MI have the following characteristics: Mountlng Height Thidusysa Sign Dimensions (Height, Width, Length) Sign Material Sign t Support Dimensions. Sign Support Material Proposed Text Background Color _ Legend Color This temporary sign will be placed feet from the edge of the roadway and wlV have the following characteristics: Mounting Height Sign Dimensions (Height, Width, Length) Sign Material Sign Support Dimensions Sign Support Material Proposed Text Thickness Background Color This temporary sign will be placed Mounting Height Sign Dimensions (Height, Width, Length) Sign Material Sign Support Dimensions Sign Support Material Proposed Text Legend Color feet from the edge of the roadway and will have the lgftowing characteristics: Thckness Background Color AmmomINIMIW -366- EXHIBIT "B" Page 5 of 5 ORDINANCE AMENDING THE CODE OF ORDINANCES SECTION 11-8, RIDING ON SIDEWALKS, PEDESTRIAN WALKWAYS OR PORTIONS OF NEW SHIP CHANNEL BRIDGE, BY MAKING AN EXCEPTION FOR APPROVED SPECIAL EVENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by amending Section 11 -8, Riding on sidewalks, pedestrian walkways or portions of New Ship Channel Bridge. CHAPTER 11 BICYCLES Sec. 11 -8. Riding on sidewalks, pedestrian walkways or portions of New Ship Channel Bridge. fffil It shall be unlawful for any person to ride a bicycle upon any sidewalk in an area zoned B -5 or 6-6. It shall be unlawful for any person to ride a bicycle upon any pedestrian walkway, sidewalk or vehicular portion of the ship channel bridge, any freewa y or other limited access street or roadway within the city except during special events that have been approved, with conditions, by the City's traffic engineers or designee, and the City's chief of police, or designee ,. igl Pedestrians shall have the right -of -way over any bicycle and persons riding bicycles. 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 definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by City Charter of the City of Corpus Christi. '��^.-."��.!-�"��ti-ed.'d-`n'�`:- ,arc:'�*,�-�:.r.-r-_.---_--�_,'r-:.�e ry:-^;,.•_.. '- _.., _ .. ..fn �. . -71 kalwN !� cIriIs i« won -4 i_. c• Chambe,r of Commerces A& iversltv M U.n ''" 4 a r . L�... r`- IjS..1"taiObin imunit Omt'� - ,,ry ,,.,..striving tobecome "tbe" and c ona get-aways as evl*denced by, a `z .0-C.Ity Games i- -r or birding flight ath and bird watch -;--;;,1.-(* n•c ra�1 to Bay fisbing Z.5! -�-LAI* A lop!--T r. ��mwr" �iwi■ vent 1pan+ ■ LAW' L -dd -cted to.. brin.'g an aI spectator tot e event.. ast similar events 2 250 of the riders will be fi~o111 OLIt Of ........... ----------- ■ ........ . . . . . . . . . . . j� visitor is expected to stay two days and two nights M local otelS/motels with nigbtly room rates averaging $75 foi- lOUb l e. �.-E c udin g accommodations, each visitor is expected to sliend abOLIt 5 0Ity* a day 1n the c An estimated 90% of visitor expenditures will be sub ect to sales tax. j 1 7. • L�3- IL 1. nomicJr��act IP J6vewA�42w' : -:4 500 ;4: z 0 s at l Ill I�1 ocal motels 4500 roo - - 1d*in the community: ng I.,'i-ation Fees M .-.Borate S ponsor shr Solicited , Vr a _ Clat] spending by visitors (spectators and i-idei-s pending by visitors on accommodations soma zx_. Total 06 67 mom 0 TMMW 62,500 S � 200,000 450,000 S -3-3_7 500 $1,0509000 -378- eco m mendat 0 i n E- 7. ou nci a rova pp I of bic c e event an ■ d for" ce nan b i,n,,. ic ce ac ivi on ar o rid I t t H b r B e m er ZUU4, to 1.0 ora e s onsors i so ici r a ion ar e in event •City Councilupdate in a e Spring -4 24 CITV COUNCIL AGENDA MEMORANDUM City Council Action Date: January 13, 2003 AGENDA ITEM: Authorizing the City Manager, or his designee, to execute a thirteen-year renewal and extension lease with Corpus Christi Area Council for the Deaf, Inc., to continue maintaining and operating a facility for deaf persons on a portion of Mt. Vemon Park; providing for one ten year automatic extension of the lease; providing for termination upon one (1 ) year written notice by either party; and providing for publication. ISSUE: Corpus Christi Area Council for the Deaf, Inc. is requesting a ten -year lease renewal for the purpose of providing services to persons who are deaf or who are hard of hearing. REQUIRED COUNCIL ACTION: The City Council must approve all multi -year leases. PREVIOUS COUNCIL ACTION: The City Council previously approved a ten -year lease with Corpus Christi Area Council for the Deaf, Inc. FUNDING: No funding involved. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve the ten -year lease to Corpus Christi Area Council for the Deaf, Inc. for the use of the portion of Mt. Vemon Park, a substantial copy of which is attached as Exhibit "A". David Ondrias, Acting Director Park and Recreation Department Attachments: Background Information Map Leases Ordinance BACKGROUND INFORMATION Corpus Christi Area Council for the Deaf, Inc. (the Council) entered into a lease agreement with the City in the early 1980's for the use of approximately .4 acres of park property located in the northeast comer of Mt. Vernon Park. This lease was executed for the purpose of constructing an educational and recreational service center for persons who are deaf or are hard of hearing. The center was constructed, equipped, and staffed entirely through the fund raising efforts of the organization, and has been highly successful regarding services provided to the community. A part of the first ten -year lease renewal in 1992, the Council also requested that they be allowed to expand its building by 2000 square feet and added 10 more parking spaces. That construction was completed in 1992. In 2002, construction for ADA, parking and roof improvements were completed. The Corpus Christi proper population who are deaf or hard of hearing is 20,069. Last year, the Council provided direct services to over 8,000 people. Page 1 of 3 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A THIRTEEN YEAR RENEWAL AND EXTENSION LEASE WITH CORPUS CHRISTI AREA COUNCIL FOR THE DEAF, INC. TO CONTINUE MAINTAINING AND OPERATING A FACILITY FOR DEAF PERSONS ON A PORTION OF MT. VERNON PARK; PROVIDING FOR ONE TEN YEAR AUTOMATIC EXTENSION OF THE LEASE; PROVIDING FOR TERMINATION UPON ONE (1) YEAR WRITTEN NOTICE BY EITHER PARTY; AND PROVIDING FOR PUBLICATION. Whereas, the Corpus Christi Area Council for the Deaf, Inc. ( "Council for the Deaf"), a Texas nonprofit corporation, is organized exclusively for the charitable purpose of providing services to deaf persons; Whereas, the City originally leased a portion of Mt. Vernon Park ( "the land ") to the Council for the Deaf for a ten (10) year term beginning March 1, 1983, by lease dated February 4, 1983 ( "1983 Lease "); Whereas, in 1991 the Council for the Deaf requested a revision of its 1983 Lease agreement in order to incorporate Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) regulations; Whereas, the City by "Lease Agreement Amendment" dated December 29,1991 ( "1991 Lease ") (authorized by City Council Ordinance No. 021272 dated October 29,1991), revised and extended the 1983 Lease for a period of ten (10) years beginning December 29, 1991, and ending on July 14, 2001; Whereas, the City found and determined that the lease amendment dated December 29, 1991, would further the popular enjoyment of the land as a park and was consistent with the goal established by the City to extend public recreation services to a broad spectrum of the population; WHEREAS, with proper notice to the public under Chapter 26 Tx Parks and Wildlife Code, a public hearing was held on the 13th day of January 2004, 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 regarding the proposed renewal and extension of the lease to Council for the Deaf of a portion of Mt. Vernon Park ( "the land "); WHEREAS, the City Council under Chapter 26 Tx Parks and Wildlife Code finds that there is no feasible and prudent alternative to the lease of the land to the Council for the Deaf and the lease authorized by this ordinance includes all reasonable planning to minimize harm to the land as a park and as a recreational facility; and Whereas, the City finds and determines that the 1991 Lease should be renewed and extended by the lease authorized by this ordinance; and the land shall be considered to have been continuously leased to Lessee under the terms of the 1991 Lease from the t1 LEG- DIR1DoyleD.CurtislMYDOCS12oo31 LEASE. 0RDICCCound .Deaf.Lease.1118O3DC.ord.doc Page 2 of 3 beginning of the 1991 Lease until the beginning of the lease authorized by this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to execute a renewal and extension lease of approximately thirteen years with Corpus Christi Area Council for the Deaf, Inc., a non -profit corporation, to maintain and operate a facility on a portion of Mt. Vernon Park. A copy of the lease is attached as Exhibit A and a copy of the lease shall be filed with the City Secretary. SECTION 2. The lease begins on the 61st day after final City Council approval of this ordinance and will have a primary term of ten (10) years. The lease recites that the land shall be considered to have been continuously leased to Lessee under the terms of the 1991 Lease from the beginning of the 1991 Lease until the beginning of the lease authorized by this ordinance. The lease shall automatically extend for an additional term of ten (10) years. The lease may be terminated at any time by either party giving the other party a one (1) year written notice of termination. SECTION 3. 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. 1 :\LEG -DI R\ DoyleD .Curtis\MYDOCS120031LEASE. Q RD\CCCound . Deaf. Lease.111803DC.Ord . doc Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the 13th day of January, 2004, by the following vote: Samuel L. Neal, Jr. William Kelly Brent Chesney Rex A. Kinnison Javier D. Colmenero Jesse Noyola Melody Cooper Mark Scott Henry Garret That the foregoing ordinance was read for the second time and passed finally on this the 10th day of February, 2004, by the following vote: Samuel L. Neal, Jr. William Kelly Brent Chesney Rex A. Kinnison Javier D. Colmenero , Jesse Noyola Melody Cooper Mark Scott Henry Garret PASSED AND APPROVED on the 10th day of February, 2004. ATTEST: Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor, The City of Corpus Christi OVED 1 November 2003 Doyle ■ urtis Chief, £ ministrative Law Section Senior Assistant City Attorney For City Attorney 1:1LEG- DIRIDoyfeD. Curtisl MYDOCS12oo31LEASE.ORD \CCCounci. Deaf. Lease.111843DC.Ord.doc Page 1 of 7 LEASE AGREEMENT AMENDMENT THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This Lease Agreement is by and between the City of Corpus Christi, Texas, a municipal corporation (hereinafter "City "), and the Corpus Christi Area Council for the Deaf, Inc., a non-profit corporation (hereinafter "Lessee "). WITNESSETH: WHEREAS, the Lessee is organized exclusively for the charitable purpose of providing services to deaf persons; WHEREAS, in 1991 Lessee requested a revision of its 1983 Lease agreement in order to incorporate Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) regulations; WHEREAS, the City originally Teased the Premises to Lessee for a ten (10) year term beginning March 1, 1983, by lease dated February 4, 1983 ("1983 Lease "); WHEREAS, the City by "Lease Agreement Amendment" dated December 29,1991 ( "1991 Lease ") (authorized by City Council Ordinance No. 021272 dated October 29, 1991), revised and extended the 1983 Lease for a period of ten (10) years beginning December 29, 1 991, and ending on July 14, 2001; WHEREAS, the City found and determined that the lease amendment dated December 29, 1 991, would further the popular enjoyment of the park property and was consistent with the goals for public recreation established by the City to extend these services to a broad spectrum of the population; WHEREAS, the City has found and determined in the ordinance authorizing this lease that the 1991 Lease should be extended by this lease; and the Premises shall be considered to have been continuously leased to Lessee under the terms of the 1991 Lease from the beginning of the 1991 Lease until the beginning of this lease; and WHEREAS, the city Council held a public hearing on the 13th day of January 2004, and complied with the requirements of Chapter 26 of the Texas Parks and Wildlife Code regarding the use of park lands. NOW, THEREFORE, in consideration of the premises, covenants and conditions in this Lease, the City and Lessee mutually agree as follows: I :I LEG -DI R1DoyleD. curtis \MYDOCS12oo31LEASESI111803DC. CCCou ncl. Deaf.doc Page 2 of 7 Section I. The City grants, leases and demises unto Lessee and Lessee rents and leases from the City the following parcel of real property located in Corpus Christi, Nueces County, Texas ( "Premises "): A site having the dimensions of 157.3 feet by 121.5 feet, consisting of .44 acres, more or less, located on the north and east portion of a tract known as Mt. Vernon Park. The site and park are more fully described in the attached Exhibit "A ". Section 2, a. The primary term of this Lease shall be ten (10) years beginning sixty one (61) days after final adoption by City Council of the ordinance authorizing this Lease and ending on the day of , 2014; and when the primary term begins the Premises shall be deemed continuously leased under the 1991 Lease from the beginning of the 1991 Lease until the beginning of this lease. b. At the end of the primary term, this. Lease shall be automatically extended for an additional ten (10) year term; provided, however, that either party may terminate this Lease at any time upon giving the other party one year's written notice in advance of intention to terminate. Section 3. Lessee shall operate the Premises exclusively for the following purpose and uses incidental thereto: To further the primary objective of the Act as outlined in Federal Register 24CFR 570.200 and to provide safe and sanitary public facilities for handicapped individuals; and to further provide additional services to help the deaf and hearing impaired person to live as independently as possible in the hearing world and at all times in accordance with Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) regulations. Section 4. Lessee constructed the building on the Premises in 1983. Lessee constructed improvements to the building in 1991 and 2001 using CDBG funds allocated to Lessee. Section 5. Lessee shall be responsible for furnishing and equipping the building and City has no obligation to furnish any equipment or furnishings for Lessee. All personal property furnished by Lessee or donated by others on behalf of Lessee shall remain the property of Lessee unless specifically donated to City. I:1LEG -DI R \DoyleD.Curtis\MYDOCS120O31LEAS ES1111803DC. CCCouncl . Deaf.doc Page 3 of 7 Section 6. Lessee agrees to maintain the Premises during the term of this Lease in a clean and attractive appearance. Lessee shall be responsible for all costs of maintenance, utilities and the collection and removal of any trash or rubbish from the Leased Premises. At the expiration of the term of this Lease, or any extension thereof, Lessee shall release and deliver unto the City the Premises and all facilities included thereon in reasonably sound condition, normal wear and tear excepted. Lessee may remove at its own expense any supplies, furniture or equipment which are not classified as fixtures and which may be removed without damaging the remaining improvements. Section 7. a. Operation Records. Lessee will provide access to the documentation of clientele being benefited by the Facilities and the activities being carried out in the Facilities which pertain to the operations of the Facilities and all obligations pursuant to this Agreement, including all information on matching funds, if any, during regular business hours for the purpose of City and/or HUD conducted audits or monitoring. b. Equal Participation Documentation. Lessee shall also keep and provide access to records documenting compliance with Section 109 of the Housing and Community Act which requires that no person shall on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with community development funds made available pursuant to the Act. c. Information and Reports,. Lessee shall provide any information, reports, data and/or forms pertinent to this Agreement as the Director of Housing and Community Development for the City may from time to time request for the proper administration of this Agreement. d. OMB Circular A- 110. Lessee shall comply with the following attachment to OMB Circular number A -110: Attachment C, "Retention and Custodial Requirements for Records ", except, in lieu of the provisions in paragraph 4, the retention period for records pertaining to individual CDBG activities starts from the date of submission of the annual performance and evaluation report, as prescribed in Section 570.507, in which the specific activity is reported on for the final time; e. Compliance Documentation,. Lessee shall keep and provide access to records documenting compliance with the following sections of the Housing and Community Act 24 CFR 570, et seq: 5770.610 Uniform Administrative Requirements and Cost Principles; and 570.511 Conflict of Interest. If there is a conflict of interest with any employee, agent, consultant, officer or member of the Board of Directors of lessee, identify by name and title the person with the conflict and the nature of the conflict. 1:ILEG -D1 R \DoyleD. Curtis \MYDOCS12OD31LEASES1111803DC. CCCouncl. Deaf.doc Page 4 of 7 Section 8. Lessee agrees that in operation of the Premises and all programs offered by Lessee at the Premises it will promptly comply with and fulfill all laws, ordinances, regulations and codes of Federal, State, County, City and other governmental agencies applicable to the Premises and all programs offered by Lessee at the Leased Premises, and all ordinances or regulations imposed by the City for the correction, prevention and abatement of nuisances or code violations in or connected with the Premises during the term of this Lease Agreement, at Lessee's sole expense and cost. Section 9. Lessee agrees that in the conduct of programs a non - discrimination policy will apply, and that the Premises may be utilized by the public in accordance with reasonable scheduling requirements on a first come, first served basis. Lessee may charge fees for rooms and use of the Premises facilities and may conduct instructional classes for fees. All of the fees and charges shall be reasonable in keeping with charges and fees assessed at other recreation centers within the City and must be first approved by the City. Section 10. Lessee shall be reimbursed for the fair market value of Lessee's improvements if Mt. Vernon Park is sold or conveyed during the ten (10) year lease term, or extension thereof. Section 11. Lessee agrees that no changes in programs, plans or fee schedules may be implemented without first obtaining the prior approval of the City Manager. Section 12. Lessee agrees to secure and maintain throughout the term of this Lease, or any extension, at Lessee's expense, the following policies of insurance: (1) Workers' Compensation insurance, or the approved equivalent, covering all employees of Lessee engaged in any work at or on the Leased Premises. (2) Insurance policies providing fire, vandalism, malicious mischief and flood coverage for all improvements constructed on the Premises in an amount sufficient to replace said improvements. (3) Comprehensive general liability insurance in the amount of Three Hundred Thousand Dollars ($300,000) for bodily injury or death to any one person, Five Hundred Thousand Dollars ($500,000) for bodily injury or death for any one occurrence, and One Hundred Thousand Dollars ($100,000) for property damages. 1:1LEG -DI R\DoyleD. Curtis \MYDOCS120031LEASESI111803DC. CCCounci. Deaf.doc Page5of7 The policies of insurance shall name the City as an additional insured by their terms and shall contain provisions that they cannot be cancelled, allowed to lapse, or materially changed unless ten (10) days' notice of shall first have been served upon the Director of Park and Recreation. Lessee shall promptly provide copies of all insurance policies upon City's written request. Certificates of insurance for all policies shall be furnished to the Director of Park and Recreation prior to any construction activities pursuant to this Lease Agreement and maintained at all times throughout the term of this Lease Agreement. Section 13. Lessee shall indemnify the City of Corpus Christi against any and all losses, claims, demands, and defend any suit or action for damage of every kind and character made against the City of Corpus Christi based on personal injury of any person, including death and for Toss of or damage to property of any person, whether caused by the City of Corpus Christi and Lessee or however same may be caused, growing out of any act, occurrence or omission, or incident to or resulting from the performance, or failure to perform the work or the provisions of this Agreement. Section 14. Lessee shall not sublet or assign this Lease, or any part thereof, without the prior written consent from Lessor. Section 15. Lessee agrees to pay the costs of newspaper publication of this Agreement and related ordinance as required by the City Charter. Section 16. Lessee shall pay any ad valorem taxes associated with the Improvements or the Premises which may be levied during the term of this Lease Agreement or any extension hereof. Lessee shall not voluntarily create, cause, or allow to be created, any debts, liens, mortgages, charges, or other encumbrances against the Leased Premises. Lessee shall from time to time, duty pay and discharge or cause to be discharged or to be paid, when the sum becomes due, all taxes, assessments, and other government charges which are lawfully imposed upon the Premises and which, if unpaid, may by law, become a lien or encumbrance upon such Premises and thereby impair or otherwise adversely affect the holding such Premises for the use set out in this Lease Agreement. This Lease Agreement constitutes the entire agreement of the parties. EXECUTED IN DUPLICATE, each of which shall be considered an original, on the day of , 2004. 4 :1LEG -DI R1DoyleD. Curtis \MYDGCS120031LEASESI111803DC. CCCounci. Deaf.doc Page 6 of 7 LESSEE: Corpus Christi Area Council for the Deaf, Inc. By: Susan S. Tiller Executive Director THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2004, by Susan S. Tiller, Executive Director of Corpus Christi Area Council for the Deaf, Inc., a Texas nonprofit corporation, on behalf of the corporation. Notary Public, State of Texas Printed Name: Seal: Expiration Date: I:I LEG -D iR\DoyleD. Curt is\ MYDOCS120031LEASES I111803DC.CCCounci. Deaf.doc ATTEST: Armando Chapa City Secretary AP : ROVED. S T • LEGAL FORM: 18 November, 2003. ql Ali ■ oyle / Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney STATE OF TEXAS § COUNTY OF NUECES§ Page 7 of 7 CITY OF CORPUS CHRISTI George K. Noe City Manager This instrument was acknowledged before me on 2004, by George K. Noe, City Manager of the City of Corpus Christi, a Texas home rule Municipal Corporation, on behalf of the corporation. Notary Public, State of Texas Printed Name: Seal: Expiration Date: t: 1LEO- DIRIDoyl eD. Curtis1MYDOCS120031LEASES1111803DC .CCCouncl. Deaf.doc 25 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: January 13, 2004) Case No.: 1103 -05, Faucett Enterprises, Inc.: A change of zoning from an "R-1B" One- family Dwelling District to a "B -1" Neighborhood Business District on Rolling Acres No. 2, Block 5, Lots 6 and 7, located on the northeast corner of Leopard Street and Rolling Acres Drive. Planning Commission and Staff's Recommendation (11 /19 /03): Denial o f the "B -1 "District, and in lieu thereof, approval of an "AB" Professional Office District. Requested Council Action: Denial of the "B -1" Neighborhood Business District, and in lieu thereof, approval of an "AB" Professional Office District and adoption of the attached ordinance. Purpose of Request: For the development of a retail/office, multi- tenant building. Summary: The applicant has requested a change of zoning from a "R-1B" One- family Dwelling District to a "B -1" Neighborhood Business District in order to develop a retail/office multi- tenant building. The building is planned as a one -story 12,790 square foot structure. Hours of operation are anticipated Sunday through Saturday, 7am to 7pm. The subject property is located in an area that is zoned for and predominantly developed with single - family residences. Access t o t he subject property i s from Leopard S treet, a n a rterial, a nd R oiling Acres D rive, a local street. Access along Rolling Acres Drive would traverse the residential area to the north. A "B -1" District is not appropriate within this residential area, whereby permitted uses such as restaurants and 24- hour convenience stores would be allowed. Single - family development is located to the north, south, east and west and is zoned with a "R-1B" District. Further to the west along the Leopard Street corridor are several "AB" Professional Office Districts. An "AB" District is more appropriate in transitioning of the subject property, due to the property having frontage along Leopard Street, an arterial. Furthermore, the "AB" District is characterized as a low to medium density district that is more compatible to the adjacent residential properties than the "B -1" District. If the "B -1" District were approved, it could set a precedent for rezoning of adjacent lots. Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Of the seventeen notices mailed to the surrounding property owners, two (2) were returned in favor and two (2) were returned in opposition. The applicant submitted a notice in favor. The 20% rule is not in effect. This case is considered noncontroversial. MGIFGM/er Attachments: 1) Zoning Report 2) Comments Received 2) Planning Commission Minutes 3) Ordinances Michael unnin , AICP Assistant Director of Development Services/ Planning Section H:1 PLN- DIRIERMAIWORDIAGENDMEM1200311103- 05AGENDAMEMG.DOC CITY COUNCIL ZONING REPORT Case No.: 1103 -05 Planning Commission Hearing Date: November 19, 2003 n t Owner /Applicant: Faucett Enterprises, Inc. b Agent: R.W. Stone, Engineer PLLC ▪ Property Y Address /Area: Comer of Leopard Street and Rolling Acres Drive itt �., From: "R-1B" One- family Dwelling District to • a To: "B -1" Neighborhood Business District o Area: 1.085 acres C4 Purpose of Request: Development of a Retail/Office Multi- Tenant Building Zoning Land Use Site "R -1 B" Vacant lots North "R-1B" Single- family Dwelling South "R-1B" Single -- family Dwelling East "R-1B" Single - family Dwelling West "R-1B" Single- family Dwelling Zoning Report Case No. 1103 -O5 (Faucet Enterprises, Inc.) Page 2 E E cfl Staff's Summary: The applicant has requested a change of zoning from an "R -1B" One- family Dwelling District to a "B -1" Neighborhood Business District in order to develop a retail/office multi- tenant building. The building is planned as a one -story 12,790 square foot structure. Hours of operation are anticipated Sunday through Saturday, lam to 7pm. The subject property is located in an area that is zoned for and predominantly developed with single - family residences. Access to the subject property is from Leopard Street, an arterial, and Rolling Acres Drive, a local street. Access along Rolling Acres Drive would traverse the residential area to the north. A "B -1" District is not appropriate within this residential area, whereby permitted uses such as restaurants and 24 -hour convenience stores would be allowed. Single - family development i s 1 ocated t o t he north, s outh, e ast and w est and i s z oned with a"R-1B" District. Further to the west along the Leopard Street corridor are several "AB" Professional Office Districts. An "AB" District is more appropriate in transitioning of the subject property, due to the property having frontage along Leopard Street, an arterial. Furthermore, the "AB" District is characterized as a low to medium density district that is more compatible to the adjacent residential properties than the "B -1" District. If the "B -1" District were approved, it could set a precedent for rezoning of adjacent lots. s Area Development Plan: Northwest ADP R61 P •° Zoning Violations: None c4 Street ROW Street Leopard Street Rolling Acres Drive Type Arterial Rural local Paved Section 120' ROW & 100' paved section w/ median 60' ROW & 40' paved section Volume 17,083 Not Avail. Zoning Report Case No. 1 103 -05 (Faucett Enterprises, Inc.) Page 3 Department Comments The Northwest Area Development Plan's adopted future land use map recommends the area to develop with low density residential development. With the s ubject p roperty h aving adjacency t o Leopard S treet, a n " AB" P rofessional Office District could be supported that is characterized as low to medium density. z t H� 0 Denial of the "B-1" Neighborhood Business District and in lieu thereof, recommend the approval of an "AB" Professional Office District. z 0 zN 2 .4 4. Denial of the "B -1" Neighborhood Business District, and in lieu thereof, approval of an "AB" Professional Office District. a 0 ti Attachments: Zoning map H: 1PLN- DIRIERMAI WORDIZONRPTS12O0311103- O5CCREPORT.DOC 11- 03 -43 /AS Case 21103 -05 Ownership Map 1 Subject Property owners within 200 feet listed on attached ownership list Alik. NORTH 200 100 0 Feet • • COMMENTS RECENED FROM NOTICES MAILED Case No. 1103 -05 Faucett Enterprises, Inc. • - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) I. Notices returned from within the 200 -foot notification area: Favor: 0) Alfonso G. Benavides, 9961 Leopard No written comment. 11) Franklin Shaffer, 110 Rolling Acres No written comment. Opposition: 2) Ronald and Janet McIntyre, 10001 Leopard St. "We own a nice home across and it will lower the value of our home. Also, there will be an increase of traffic and noise in the area." Clayton and Erna McCain, 10009 Leopard St. "Too much traffic. With the big new medians we will have more turning problems if a business is built across the street from our house. School buses and City buses have to travel Leopard and make their stops. This street is a main route for people going to jobs in the City. Also, we see ambulances and fire trucks here every day, going northwest, usually." II. Responses received from outside the 200 -foot notification area: Favor: None. Opposition: None. III. Responses received from owners /applicants of subject area: Favor: 7, 9) William Larry Faucett, 9926 Leopard (applicant/owner) No written comment. Opposition: None. H :IPLN -D IR\ERMA\WORD1COM MDATA11103 - 05CDMM END'S . DDC Planning Commission Minutes November 19, 2003 Faucett Enterprises, Inc.: 1103 -05 DRAFT REQUEST: "R-18" One - family Dwelling District to "B-1" Neighborhood Business District on property located on the northeast corner of Leopard Street and Rolling Acres Drive. Ms. Goode -Macon provided a computerized slide illustration of the subject property and the surrounding area. She stated the applicant has requested a change of zoning from an "R-1B" One- family Dwelling District to a "B -1" Neighborhood Business District in order to develop a retail/office multi - tenant building. The building is planned as a one -story 12,790 square foot structure. Hours of operation are anticipated Sunday through Saturday, lam to 7pm. The subject property is located in an area that is zoned for and predominantly developed with single - family residences. Access t o the subject property i s from Leopard S treet, a n arterial, and Rolling Acres D rive, a 1 ocal street. Access along Rolling Acres Drive would traverse the residential area to the north. A "B -1" District is not appropriate within this residential area, whereby permitted uses such as restaurants and 24 -hour convenience stores would be allowed. Single - family development is located to the north, south, east and west and is zoned with an "R-1B" District. Further to the west along the Leopard Street corridor are several "AB" Professional Office Districts. An "AB" District is more appropriate in transitioning of the subject property, due to the property having frontage along Leopard Street, an arterial. Furthermore, the "AB" District is characterized as a low to medium density district that is more compatible to the adjacent residential properties than the "B -1" District. If the "B -1" District were approved, it could set a precedent for rezoning of adjacent lots. Public hearing was opened. Judy Roseberg, 19975 Leopard, lives across (south) from the subject property. She believes that rezoning the property would decrease the value of her home. Janet McEntire lives across (south) from the subject. She expressed concern with the vacant "AB" zoned business adjacent to their property and added that she was opposed to the rezoning request. Larry Faucett, applicant, stated that he would accept the "AB" zoning for office use only. He stated that his family owns property in the area and asked the commission to approve the "AB" zoning. He added that he would fence, clean, and leave trees in the area. Richard K ronke s tated that he 1 ives i n the a rea and a ddressed c oncems regarding traffic. H e s poke o n issues regarding cut through traffic to avoid school traffic and use Rolling Acres as a thoroughfare to access the Interstate. Ms. McFerrin, 4059 Wildwood, approves of the requested "B -1 " or recommended "AB" rezoning. The land is vacant and there has been debris on the property. She stated that the development would be an improvement for the area. Michael Myers, 400 Mann, represented the applicant and stated that there would not be a lot of traffic. He preferred low volume traffic businesses. Mr. Myers stated that the tenant in the building would be an engineering firm and an attorney firms. Commissioner Salazar asked if a driveway would be prohibited on Rolling Acres. Staff responded in the affirmative. Raymond Stone, 400 Mann, stated that one entrance along Leopard Street would accommodate the proposed project. Mr. Miguel Saldafia clarified that a commercially zoned property could not access a local street such as Rolling Acres. Planning Commission Minutes November 19, 2003 Case No. 1103-05 (Faucet Enterprises, Inc.) Page 2 DRAFT Public hearing closed. Motion by Smith, seconded by Salazar, to forward approval of Staffs recommendation. Motion passed with Pusley and Zamora being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY FAUCETT ENTERPRISES, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO ROLLING ACRES NO. 2, BLOCK 5, LOT 6 AND 7, FROM "R-1B" ONE - FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Faucett Enterprises, Inc. for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 19, 2003, during a meeting of the Planning Commission, and on Tuesday, January 13, 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Lots 6 and 7, Block 5, Rolling Acres No. 2, located on the northeast corner of Leopard Street and Rolling Acres Drive, from "R -1 B" One - family Dwelling District to "AB" Professional Office District. (Map LAIC) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION- 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. H:1LEG -DI RIJOS EPHIZO N 1 NG11103- 45ALTERNATIVE. DOC Page 2 of 3 SECTION 6. That publication shalt be made in the official publication of the City of Corpus Christi as required by the city Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 13th day of January, 2004. ATTEST: Armando Chapa City Secretary APPROVED j a,,t ��..� (0 2004 Joseph Harney Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Samuel L. Neal, Jr. Mayor, The city of Corpus Christi H:ILEG -D I RIJ GSEPHIZON I NGII 103-05ALTERNAT1VE. DGC Page 3 of 3 Corpus Christi, Texas day of , 2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:1LEG -D1 RIJOSEP H\ZO N I N G11 103-- 05ALTERNATIVE. DOD Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY FAUCETT ENTERPRISES, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO ROLLING ACRES NO. 2, BLOCK 5, LOT 6 AND 7, FROM "R -'I B" ONE- FAMILY DWELLING DISTRICT TO "B -1" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Faucett Enterprises, Inc. for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 19, 2003, during a meeting of the Planning Commission, and on Tuesday, January 13, 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Lots 6 and 7, Block 5, Rolling Acres No. 2, located on the northeast corner of Leopard Street and Rolling Acres Drive, from "R -1 B" One - family Dwelling District to "B-1" Neighborhood Business District. (Map L11 C) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is 9 p Y p � , amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. H :1 LEG -D I R\J OS E P HLZO N I N G11103 -o5 R EG . DG C Page 2 of 3 SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 13th day of January, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor, The City of Corpus Christi APPROVED Joseph Harney Assistant City Attorney For City Attorney \id 4.0t4,4,--- C:7 2004 H:1LEG -DI RIJOSEP H1ZON I NG11 103- O5REG, DOC Page 3 of 3 Corpus Christi, Texas day of , 2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG- DIRIJGSEPHIZGN ING\1 103- O5REG. DGC 26 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: January 13, 2004) Case No.: 1103 -06, Valero Refining -- Texas L. P.: A change of zoning from an "R -1B" One-family Dwelling District, "A -1" Apartment House District, and "B -4" General Business District to an "I -3" Heavy Industrial District on all of Shares 2 -A and 3 -A of the Kaler Tract, Volume 9, Page 58, Volume 27, Page 58, Volume 31, Page 71, and Volume 37, Page 126 of Nueces County, Texas, except Lots 8, 9, and 10 of Share 3 -A and 0.39 acre of Lot 6, Lot 7, and Lot 7 -A of Share 2 -A, located along Up River Road, Kaler Drive, Rackley Street and Cantwell Drive. Planning Commission and Staff's Recommendation (11/19/03): Approval. Requested Council Action: Approval of the "I -3" District and adoption of the attached ordinance. Purpose of Request: For the development of a corporate refinery headquarters and laboratory. Summary: The applicant has requested a change of zoning from "R -1B" One-family Dwelling District, "A -1 "Apartment House District and "B -4" General Business District to an "I -3" Heavy Industrial. The request is to allow for the development of a Corporate Refinery Headquarters complex and a product quality control facility for Valero Refining Company of Texas. Proposed development will consist of a 122,000 square foot three -story building serving as headquarters for the refinery. The product quality control facility (laboratory) will house offices and product sample testing rooms. This facility is planned as a 28,000 square foot three -story structure and will be operational daily 24 -hours per day. The laboratory will be used to analyze petroleum crude oil, intermediate feedstock's and finished products. An above ground storage tank utilized for the disposal of process oil samples and having a capacity of 1,000 gallons is proposed outside of the laboratory site. The tank will be emptied periodically by a vacuum truck with the content being disposed of according to environmental regulations. Property north is zoned "I -2" Light Industrial District and is developed as a boat manufacturing use. Also to the north is property zoned with an "R-- I B "District with a Special Permit. The Special Permit was issued in 1991 for the adjacent boat manufacturer to store, park and repair boats and trailers affiliated with the business. To the east and west of the subject property is land out of the city limits (OCL) but is developed with refinery and industrial uses. To the south is an "I -2" District area that is developed with refinery related uses and an auto repair shop. A small tract along Kaler Drive and not part of the subject property is zoned a "B -4" District and is developed as a church. The existing streets will remain open and provide access to the redeveloped property and the non - subject property areas. The Port/Airport/Violet Area Development Plan recommends the subject property develop as industrial. Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notifications: Of the seventeen notices mailed to the surrounding property owners, none were returned in favor or in opposition. The 20% rule is not in effect. This case is considered no con roversial. Yit ichael Nf Guruung, AICP Assistant Director of Development Services/ Planning Section MG/FGM/er Attachments: 1) Zoning Report 2) Planning Commission Minutes 3) Ordinance 1-1:\ PLN- DIRIERMA\WDRDIAGENDMEM1200311 103- 06AGENDAMEMD.DDC CITY COUNCIL ZONING REPORT Case No.: 1103 -06 Planning Commission Hearing Date: November 19, 2003 ed E Owner /Applicant: Valero Refining- Texas L.P. A ent: Murray Bass, Jr. — Bass & Welsh Engineering Property Address /Area: Up River Road, Cantwell Lane, Kaler Drive & Rackley Street Zoning Request From: "R-1B" One- family Dwelling District, "A -1" Apartment House District & "B -4" General Business District To: "I -3" Heavy Industrial District Area: 11.89 acres Purpose of Request: Development of Corporate Refinery Headquarters and Laboratory Site North South East West Zoning "R -1B" "A -1" 8c "B -4" - "1-2" OCL OCL Land Use Farm Rural & Single - family Dwelling Boat Manufacturer Industrial uses Refinery & Industrial uses Refinery & Industrial uses Toning Report Case No. 1103-06 (Valero Refining -Texas L.P.) Page 2 Staff's Summary: The applicant has requested a change of zoning from "R -1B" One- family Dwelling District, "A-1" Apartment House District and "B-4" General Business District to an "1-3" Heavy Industrial. The request is to allow for the development of a Corporate Refinery Headquarters complex and a product quality control facility for Valero Refining Company of Texas. Proposed d evelopment will consist of a 122,000 square foot three -story building serving as headquarters for the refinery. The product quality control facility (laboratory) will house offices and product sample testing rooms. This facility is planned as a 28,000 square foot three -story structure and will be operational daily 24 -hours per day. The laboratory will be used to analyze petroleum crude oil, intermediate feedstock's and finished products. An above ground storage tank utilized for the disposal of process oil samples and having a capacity of 1,000 gallons is proposed outside of the laboratory site. The tank will be emptied periodically by a t, vacuum truck with the content being disposed of according to environmental regulations. E Property north is zoned I -2 Light Industrial District and is developed as a boat manufacturing use. Also to the north is property zoned with a "R-1B"District with a Special Permit. The Special Permit was issued in 1991 for the adjacent boat manufacturer to store, park and repair boats and trailers affiliated with the business. To the east and west of the subject property is land out of the city limits (OCL) but is developed with refinery and industrial uses. To the south is an "I -2" District area that is developed with refinery related uses and an auto repair shop. A small tract along Kaler Drive and not part of the subject property is zoned a "B -4" District and is developed as a church. The existing streets will remain open and provide access to the redeveloped property and the non - subject property areas. The Port/Airport/Violet Area Development Plan recommends the subject property develop as industrial. a � Area Development Han: Port/AirportlViolet ADP a Zoning Violations: None Street ROW Street Type Paved Section Volume Up River Road Rural Arterial 50' ROW paved section. (Planned 120' ROW) Not Avail. Cantwell Lane Rural Collector 50' ROW paved section (Planned 60" ROW) Not Avail. Kaler Drive Rural Local 40' ROW paved section (Planned 50' ROW) Not Avail. Rackley Street Rural Local 40' ROW paved section (Planned 50' ROW) Not Avail. Zoning Report Case No. 1103 -06 (Valero Refining -Texas L.P.) Page 3 Department Comments The proposed industrial development is supported by the Port/Airport/Violet Area Development Plan and is compatible to surrounding "I -2" District uses and OCL uses. z 0 O Approval. z 0 zH 2 .‘t ra Approval of the "1-3" Heavy Industrial District. a 0 t30 Attachments: Site area Zoning map HAP LN- I3MR\ ERMAIWORD\ ZONRPTS\200311103-06CCREPORT.DOC mN1 inftra .. malt r.rpRr� trw.r►�wi. w1� r.r*R.a�.w Cli trZa15010"1"11.11ME4111711111111111 ■ 1 i 1 NEW ADMINISTRATION BUILDING FOR VALERO REFINING COMPANY CANTWELL LANE CORPUS CHRISTI, TEXAS 1 11- 03 -03 /AS A -1 Apartment Howe District A -4A Apartment House D strict A4 AT AB B -1 Apartmment House District Apartment- Tourist district Professional Office District Neighborhood Bussing*: District Case 21103 -06 8 -1A Neighborhood Bossiness District BD Corpus Christi Such Design Disrict B-2A Barrier Island Bossiness District B.2 Bayfront Bussiness District B-3 Bossiness District B4 General Bossiness district 8-5 Primary Bossiness District 8-6 Primary Bossiness Core District 1-1 Limited Industrial District 1 -2 Light Industrial District 1-3 Heavy industrial District SP Special Permit PUD Planned Unit Development F-R Farm Rural Distric HIC Historical - Cultural landmark Preservation RE Resldencia! State District RA One Family Dweling System R -4A One Family Dowling District R -18 One family Dweling District. R -1C One Family Dweling District R -TH Townhose Dweling District R-2 Multiple Dowling District T -1A Travel Trailer Park District T -18 Manufactured Home Park District T -1 C Manufactured Home Subdivision District Ate. NORTH 400 200 0 Feet Planning Commission Minutes November 19, 2003 Valero Refining — Texas L. P.: 1103 -06 DRAFT REQUEST: "R-1B" One - family Dwelling District, "A -1" Apartment House District & "B-4" General Business District to "I -3" Heavy Industrial District on property located along Up River Road, Kaler Drive, Rackley Street, and Cantwell Drive. Ms. Goode -Macon presented a computerized slide illustration of the subject property and the surrounding area. She stated the applicant has requested a change of zoning from "R -1B" One - family Dwelling District, "A -1" Apartment House District and "8-4" General Business District to an "I -3" Heavy Industrial. The request is to allow for the development of a Corporate Refinery Headquarters complex and a product quality control facility for Valero Refining Company of Texas. Proposed development will consist of a 122,000 square foot three -story building serving as headquarters for the refmery. The product quality control facility (laboratory) will house offices and product sample testing rooms. This facility is planned as a 28,000 square foot three -story structure and will be operational daily 24 -hours per day. The laboratory will be used to analyze petroleum crude oil, intermediate feedstock's and finished products. An above ground storage tank utilized for the disposal of process oil samples and having a capacity of 1,000 gallons is proposed outside of the laboratory site. The tank will be emptied periodically by a vacuum truck with the content being disposed of according to environmental regulations. Property north is zoned "I -2" Light Industrial District and is developed as a boat manufacturing use. Also to the north is property zoned with an "R-1B"District with a Special Permit. The Special Permit was issued in 1991 for the adjacent boat manufacturer to store, park and repair boats and trailers affiliated with the business. To the east and west of the subject property is land out of the city limits (OCL) but is developed with refinery and industrial uses. To the south is an "I -2" District area that is developed with refmery related uses and an auto repair shop. A small tract along Kaler Drive and not part of the subject property is zoned a "B-4" District and is developed as a church. The existing streets will remain open and provide access to the redeveloped property and the non - subject property areas. The PortlAirport/Violet Area Development Plan recommends the subject property develop as industrial. Public hearing was opened. Robert Broadway, 13656 Teague L ane, s tated h e w as the representative for the applicant and h e would respond to any questions. Being none, the public hearing closed. Motion by Smith, s econded b y Richer, to forward approval of Staff's recommendation. Motion passed with Pusley and Zamora being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY VALERO REFINING — TEXAS L.P., BY CHANGING THE ZONING MAP IN REFERENCE TO ALL OF SHARES 2 -A AND 3 -A OF THE KALER TRACT, VOLUME 9, PAGE 58, VOLUME 27, PAGE 58, VOLUME 31, PAGE 71, AND VOLUME 37, PAGE 126 OF NUECES COUNTY, TEXAS, EXCEPT LOTS 8, 9, AND 10 OF SHARE 3-A AND 0.39 ACRE OF LOT 6, LOT 7, AND LOT 7 -A OF SHARE 2 -A, FROM "R-1B" ONE - FAMILY DWELLING DISTRICT, "A -1" APARTMENT HOUSE DISTRICT AND "B-4" GENERAL BUSINESS DISTRICT TO "1 -3" HEAVY INDUSTRIAL DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Valero Refining -- Texas L.P. for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 19, 2003, during a meeting of the Planning Commission, and on Tuesday, January 13, 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on all of Shares 2 -A and 3 -A of the Kaler Tract, Volume 9, Page 58, Volume 27, Page 58, Volume 31, Page 71, and Volume 37, Page 126 of Nueces County, Texas, except Lots 8, 9, and 10 of Share 3 -A and 0.39 acre of Lot 6, Lot 7, and Lot 7 -A of Share 2 -A, located along Up River Road, Kaler Drive, Rackley Street and Cantwell Drive, from "R-1 B" One- family Dwelling District, "A-1" Apartment House District and "B-4" General Business District to "1-3" Heavy Industrial District, as shown on Exhibit A. (Map K14A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, H:1 LEG -DI RIJOS EPHIZON I N G\1103- 06REG. DOc Page2of3 except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION S. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 13th day of January, 2004. ATTEST: Armando Chapa City Secretary APPROVED Ja ms-µ (� 2004 Joseph Harney Assistant City Attorney For City Attorney H:I LEG -D I RIJGSEPHIZGN I NGI1103- O6REG. DOC THE CITY OF CORPUS CHRISTI Samuel L. Neal, Jr. Mayor, The City of Corpus Christi . - 1?-'12-203 12 : 15PM FROM PLANNING 512 880 3590 P. 2 re.ltzsgmemmtemp•:21:!,....p.now=4,1 Page 3 of 3 Corpus Christi, Texas day of , 2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respecffully, Respecffully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:I LEG -DI R\JOSEPH\ZGN I N G11103- 06REG. DGC 27 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: January 13, 2004) Case No.: 1103 -08t Spohn Health System Federal Credit Union: A change of zoning from an "AB" Professional Office District to a "B -1" Neighborhood Business District on Ropes and Chamberlain Bay Terrace No. 2, Block 503, Lots 1, 2, 3, 4, 5, and part of Lots 6, 7, and 8, located south of Booty Avenue, west of Fifth Street and north of Ayers Street. Planning Commission and Staff's Recommendation (11/19/03): Approval. Requested Council Action: Approval of the "B -1" District and adoption of the attached ordinance. Purpose of Request: For the development of a Spohn Federal Credit Union facility. Summary: The applicant has requested a change of zoning from "AB" Professional Office District to "B -1" Neighborhood Business District for the development of a federal credit union facility associated with Spohn Hospital. The existing "AB" Professional Office District does not permit a banking facility with or without a drive - t emu. The facility is planned as a one -story 2,400 square foot building. Building frontage is being contemplated along 5th Street with drive -way access along Ayers and 5th Street. The existing storage building on the subject property will be demolished prior to construction of the proposed use. Hours of operation are from gam to 5pm Monday through Friday with six employees on site. The subject property is located at two intersections, Ayers Street, an arterial and 5th Street, a local street and at Booty Street, a collector and 5th Street, a local street. Across Ayers Street, to the south are lots zoned with an "AB" District and developed with single- family residences and law and medical offices. East of the subject property and 5th Street is Spohn Employment Office zoned a "B -1" District. North of the subject property, across Booty Street is a parking lot for Spohn Cancer Center that is zoned "B -1" Neighborhood Business District and a medical scanning office zoned an "AB" Professional Office District. West of the subject property is a church zoned "AB" Professional Office District. The requested "B -1" District would be an expansion of the adjacent "B -1" District to the north and east. A "B -1" District meets the development need of the applicant and is compatible with the surrounding zoning uses. Applicant's Position,: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Of the twenty notices mailed to the surrounding property owners, one (1) was returned in favor and none in opposition. The 20% rule is not in effect. This case is considered noncontroversial. Michael N. Gunning, AICP Assistant Director of Development Se r ces/ Planning Section MGIFGMIer Attachments: 1) Zoning Report 2) Comments Received 3) Planning Commission Minutes 4) Ordinance H:1PLN- DIRIERMAIWGRDIAGENDMEM \200311103- 08AGENDAMEMG.DOC CITY COUNCIL ZONING REPORT Case No.: 1103 -08 Planning Commission Hearing Date: November 19, 2003 Es, Owner/Applicant: Spohn Health System, FCU °4 Agent: Don Rogers 1 Property Address /Area: Ayers Street, 5th Street and Booty Street vicinity From: "AB" Professional Office District = To: "B -1" Neighborhood Business District v fr Area: 0.46 acres (20,119 square feet) g Purpose of Request: Develop Spohn Federal Credit Union Facility Site North South East West "AB" 44 A T7 ,9 "AB" Zoning Land Use Church vacant land area and storage building Medical uses r Single-family and medical and law offices Medical administration office Church Zoning Report Case No. 1103 -08 (Spohn Health System, FCU) Page 2 Staffs Summary: The applicant has requested a change of zoning from "AB" Professional Office District to "B -1" Neighborhood Business District for the development of a federal credit union facility associated with Spohn Hospital. The existing "AB" Professional Office District does not permit a banking facility with or without a drive - thru. The facility is planned as a one -story 2,400 square foot building. Building frontage is bein g contemplated lated along 5th Street with drive -way access along Ayers and 5th Street. The existing storage building on the subject property will be demolished prior to construction of the proposed use. Hours of operation are from gam to 5pm Monday through Friday with six employees on site. The subject property is located at two 1 intersections, Ayers Street, an arterial and 5th Street, a local street and at Booty Street, a E collector and 5tn Street, a local street. Across Ayers Street, to the south are lots zoned with an "AB" District and developed with single- family residences and law and medical offices. East of the subject property and 5th Street is Spohn Employment Office zoned a "B-1" District. North of the subject property, across B ooty Street is a p arking lot for Spohn Cancer Center that is zoned "B -1" Neighborhood Business District and a medical scanning office zoned an "AB" Professional Office District. West of the subject property is a church zoned "AB" Professional Office District. The requested "B -1" District would be an expansion of the adjacent "B-1" District to the north and east. A "B-1" District meets the development need of the applicant and is compatible with the surrounding zoning uses. ,o Area Development Plan: Southeast ADP "4 -° Zoning Violations: None Street ROW Street T 1 e Paved Section Volume Ayers Street Arterial 80' ROW & 62' Bk to Bk 5,181 Local 50' ROW & 28' Bk to Bk Not Avail. Booty Street Collector 60' ROW & 40' Bk to Bk Not Avail. Zoning Report Case No. 1103 -08 (Spohn Health System, FCU) Page 3 Department Comments • The Southeast Area Development Plan's (SEADP) future land use map recommends the area to develop with professional office uses. Since the subject property is located between two "B -1" Districts , the SEADP policies could support a "B -1" District. z 0 dW Approval. 0 V z 0 zN 4t ra w Approval of the B -1 Neighborhood ghborhood Business District. 04 g 1:10 0 0 V Attachments: Zoning map H: IPLN- DIRI ERMAIWDRDIZONRPTS1200311103- 08CCREPCRT.DOC 11- 03 -03/AS Case 21103 -08 Ownership Map 1 Subject Property owners within 200 feet listed on attached ownership list NORTH 200 100 0 Feet • • COMMENTS RECEIVED FROM NOTICES MAILED Case No. 1103 -08 Spohn Health System Federal Credit Union • - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) I. Notices returned from within the 200 -foot notification area: Favor: (5, 8, 9, 12, 15, 16, 19, 20) Harry Springfield, Church of Christ — Ayers St., 1610 Lawnview St. No written comment. Opposition: None. II. Responses received from outside the 200 -foot notification area: Favor: None. Opposition: None. III. Responses received from owners /applicants of subject area: Favor: None. Opposition: None. H :IP LN -D IR\ERMA\WO RDICCMM DATA11103 - 08COMM ENTS . DDC Planning Commission Minutes November 19, 2003 Spohn Health System Federal Credit Union: 1103 -08 DRAFT REQUEST: "AB" Professional Office District to "B -1" Neighborhood Business District on property located south of Booty Avenue, west of Fifth Street, and north of Ayers Street. Public hearing was opened. Don Roger, President, 3 831 S. Alameda, stated he was the representative for the applicant and he would respond to any questions. Being none, the public hearing was closed. Motion by Mims, seconded by Amsler, to forward a recommendation for approval. Motion passed with Pusley and Zamora being absent, Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY SPOHN HEALTH SYSTEM FEDERAL CREDIT UNION BY CHANGING THE ZONING MAP IN REFERENCE TO ROPES AND CHAMBERLAIN BAY TERRACE NO. 2, BLOCK 503, LOTS 1, 2, 3, 4, 5, AND PART OF LOTS 6,. 7 AND 8, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B -1" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Spohn Health System Federal Credit Union for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 19, 2003, during a meeting of the Planning Commission, and on Tuesday, January 13, 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Lots 1, 2, 3, 4, 5, and parts of Lots 6, 7, and 8, Block 503, Ropes and Chamberlain Bay Terrace No. 2, located south of Booty Avenue, west of Fifth Street and north of Ayers Street, from "AB" Professional Office to "B -1" Neighborhood Business District, as shown on Exhibits A and B. (Map J 15B) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1037, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning - Ordinance, as amended by this ordinance. H:I LEG -D I RIJ O S E P HIZG N I N GI1103 -D8 R EG U LA R. DG C Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 13th day of January, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor, The City of Corpus Christi APPROVED NI t-t „� 6' 2004 Joseph Harney Assistant City Attorney Y For City Attorney H:\LEG- DIRIJOSEPHIZONINGI11 O3- O8REGULAR.DOC 12r-12-203 12 : 1 GPM 1 R £Y Vu tT� FROM PLANNING 512 880 3590 iiuvw u s w waa Mbrf■ m a ■mr.• • P. 3 MEI CO SEIVd 91031N0811 S1Y CASE: 1183 -08 EXHIBIT A ry_ T T A + ..�yj� T 6eseest L& I i: V ! Form A VO Y 6gNt3 a tract or parcel of land situated in the City of Corpus Christi. Nueces County. Texas. and being all of that tract of load described In deed recorded in Volume 877, Page 13 of the tad Records of Nueces County, Texas. And ell of that tract of land described In deed recorded In Volume 1146, Page 154 of the Deed - Records of Nueoes County Texas. and being. part of that tract of land described In deed recorded in Volume 827, Page 558 of the Dew Records of Nueoee Couiliy. Texas, and bein all of Lots 1, 2. 3. 4. 5 and part of Lots 8, 8, . k 503, Ropes and Chamberlain bay Terra No. 2, an addition to the City of Corpus Christi, Nueoss County, Texas, as show on map recorded In Volume A, Page 26. Map Records of Nueces County. Texas. and being more particularly described as follows; BEGINNING at a 5/8' iron rod with a red plastic cap stamped "Natismith Eng. C.C., Tx." set (her&nafter caged 5/8" Iron rod set) for corner at the interaectia of the north right—of —way line of Ayers Street (BO' right —of —wiry) and the west right —of —way line of Fifth Street (60 sigh #— of —wpy), some point being the southeast corner of Said Lot 1, Block 503; THENCE South 58'50'17" Wept along the north right—of—way line of said Ayers Street, same being the south line of said Lots 1 and 64, Block 503, a distance of 125.68 -feat to a 5/8" iron rod set for corner; THENCE North 30'59'43" West departing the north right—of—way line of said Ayer Street, 0 distance of 131.73 feet to d power polo found for cornet THENCE North 47'19'0" East, a distance of 48,86 feet to a pgwer pole found f corner, THENCE North 170442" East, a distance of 87.40 feet to a 5/8" iron rod set for .corner in the south right—of—way line of 6boty Avenue (60' tight —of way); THENCE North 8•55340' East along the south right—of—way line of sold Booty Avenue, a distance of 14.05 feet to a 5/8" iron rod set for comer at. the intersection of the south right— of—way line of said Booty Avenue with the west right—of—way line of said Faith Street THENCE South 31'0411" East along the west right—of —way line of said Fifth at 4.34 feet pessirr9 0 5/8"- Iron rod found for a line rnacker, and continuing for o total .distance of 193.31 feet to the POINT OF BEGiNNtNG and containing 20,119 square feet or 0.46 acres of land more or Tess. GENERAL NOTES: 1) Beori�gs shown. vre *based on Rvisei eof Plat Blocks 603, 703 and 8'+0,3A, Bat Terence 2 Addition, oa *hewn on . map recorded tee�rds- e�- � 2) Caution: Not alt underground pipelines are shown. • 3) For building setback requirements, contact the City of Carpus Ohrkti. Planning Department at a61 -$80- -3560. 4) Piofting, the pro by 'scale on Flood Insurance Rote Map. Cornmunity Panel No, 488464 0169 C. map revised: July 18, 1985, Indicates this propertj, is located in Zone C. defined as area of minimal* flooding. 5) This sunray drawing Is provided solely for the use of the Qurrent partied and no license has been created, express or implied ta• copy this surve except as Is necessary in conjunction" with this original tronsaction,.. 8) AR und•eground utility loos {;one are- approximate and based on City' .of Corpus Christi plans. CaSE:1103 -08 EXHI6Ti B (MATES AND BOUNDS) Page3of3 Corpus Christi, Texas day of , 2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:I LEG- DIRIJOSEPHIZONI NG11103- O8REGULAR. DOC 28 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: January 13, 2004) Case No.: 1103-09, James R. Byrn: A change of zoning from an "R -1B" One - family Dwelling District to an "I -2" Light Industrial District on Brezina Farm Tract, Block 2, Lots 4B and 4C, located east of Brezina Road and west of Weber (W.O.W.) Road. Planning Commission and Staff's Recommendation (11/19/03): Approval. Requested Council Action: Approval of the "I -2" District and adoption of the attached ordinance. Purpose of Request: For the industrial facility of small service companies. Summary, : The applicant has requested a change of zoning from an "R-1B" One- family Dwelling District to an "I -2" Light Industrial District to develop an industrial service facility. The industrial service facility will consist of a 4,000 square foot metal building that is proposed to house various shops such as, upholstery, cabinet manufacturing and machine servicing etc. The subject property is bound by an "R -1B" One - family Dwelling District property to the north, south and east. A non - conforming mini- storage and boat warehouse facility is developed to the north in the "R-1B" District and a single - family residence is within the district to the south. Property to the east remains in an agricultural state. To the west is an "I -2" Light Industrial District developed as an irrigation company. The subject property has direct access to Brezina Road, a rural collector street that dead -ends to the south. With NAS Cabaniss Air Field to the west, the area is subjected to over - flights from Navy training flight operations. The subject property is east of the NAS Cabaniss Field clear zone. Property within and surrounding NAS Cabaniss Field is recommended for industrial in the Southside Area Development Plan. Approval of the "I -2" District would be an expansion of the "I -2" District adjacent to the west and consistent with the adopted plan and uses. Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Of the nine (9) notices mailed to the surrounding property owners, none were returned in favor and one (1) was returned in opposition. The 20% rule is not in effect. This case is considered noncontroversial. Mich el N. Gunning, AICP Assistant Director of Development Se ices/ Planning Section MGIFGMIer Attachments: 1) Zoning Report 2) Comments Received 3) Planning Commission Minutes 4) Ordinance H:1PLN- DIRIERMAIWGRDIAGENDMEM12 00311103- 09AGENDAMEMG.DGC CITY COUNCIL ZONING REPORT Case No.: 1103 -09 Planning Commission Hearing Date: November 19, 2003 c Owner/Applicant: James R. Byrn Agent: Same as above a Property Address /Area: Brezina Road near Bratton Road and Weber Road P From: "R-1B" One- family Dwelling District To: "I-2" Light Industrial District cr Area: 2.16 acres g Purpose of Request: Industrial facility for small service companies. Site North South East West "R-1B" "R-1B" "R -1B" 1B" "R -1B" "I -2" Zoning Land Use Undeveloped Warehouses Single - family Dwelling Undeveloped Irrigation Company Zoning Report Case No. 1103 -09 (James R. Byrn) Page 2 Staff's Summary: The applicant has requested a change of zoning from a "R-1B" One-- family Dwelling District to an "I -2" Light Industrial District to develop a industrial service facility. The industrial service facility will consist of a 4,000 square foot metal building that is proposed to housed various shops such as, upholstery, cabinet manufacturing and machine servicing etc. The subject property is bound by a "R-1B" One- family Dwelling District property to the north, south and east. A non - conforming mini - storage and boat warehouse facility is developed to the north in the "R-1B" 1 District and a single - family residence is within the district to the south. Property to the east remains in an agricultural state. To the west is an "I -2" Light Industrial District developed as an irrigation company. The subject property has direct access to Brezina Road, a rural collector street that dead -ends to the south. With NAS Cabaniss Air Field to the west, the area is subjected to over - flights from Navy training flight operations. The subject property is east of the NAS Cabaniss Field clear zone. Property within and surrounding NAS Cabaniss Field is recommended for industrial in the Southside Area Development Plan. Approval of the "I -2" District would be an expansion of the "I -2" District adjacent to the west and consistent with the adopted plan and uses. o Area Development Plan: Southside ADP flo -et •° Zoning Violations: None Street ROW Street Type Paved Section Volume Brezina Road • Collector 60' ROW w/ 18' rural sec. (Planned 70' ROW w /48 Bk to Bk) Not Avail. Bratton Road Collector 50" ROW w /21'rural sec. (Planned 70' ROW w/ 48' Bk to Bk) Not Avail. Zoning Report Case No. 1103-09 (James R. Byrn) Page 3 Department Comments The Comprehensive Plan policy statements and the Southside Area Development Plan's future land use map recommends this area to develop with light industrial uses. 0 W.', El* Approval 0 Q z 0 u op ca 1. Approval of the "I -2" Light Industrial District. a aOp U Attachments: Zoning map Cabaniss AICUZ map HAPLN- DIRIERMAIWORD\ZONRPTS120031I 103- 09CCREPORT.DOC 11 -03-03/AS 1 Case 21103 -09 Ownership Map Subject Property owners within 200 feet listed on attached ownership list NORTH 9D0 Feet r'�"' 1 • `'` COMMENTS RECEIVED FROM NOTICES MAILED Case No. 1103 -09 James R. Byrn • - FAVOR - OPPOSED (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200 -foot notification area: Favor: (0,2) Robert Manning, 7110 Brezina Road "Turns what is left of this neighborhood into a concrete unkept property with no landscaping or beauty! Devalues our property." Opposition: None. 11. Responses received from outside the 200 -foot notification area: Favor: None. Opposition: None. III. Responses received from owners /applicants of subject area: Favor: None. Opposition: None. H:1PLN- DIRIERMA\ WORD \COMMDATA11103- O9COMMENTS.DOC Planning Commission Minutes November 19, 2003 PRAFT James R. Byrn: 11 03-09 REQUEST: "R-1B" One- family Dwelling District to "I -2" Light Industrial District on property located east of Brezina Road and west of Weber (W.O.W.) Road. Ms. Goode -Macon presented a computerized illustration of the subject property and the surrounding area. She stated the applicant has requested a change of zoning from an "R-1B" One - family Dwelling District to an "I- 2" Light Industrial District to develop an industrial service facility. The industrial service facility will consist of a 4,000 square foot metal building that is proposed to house various shops such as, upholstery, cabinet manufacturing and machine servicing etc. The subject property is bound by an "R-1B" One- family Dwelling District property to the north, south and east. A non - conforming mini-storage and boat warehouse facility is developed t o the north in the "R-1B" District and a single - family residence i s within the district t o the south. Property to the east remains in an agricultural state. To the west is an "I -2" Light Industrial District developed as an irrigation company. The subject property has direct access to Brezina Road, a rural collector street that dead -ends to the south. With NAS Cabaniss Air Field to the west, the area is subjected to over- flights from Navy training flight operations. The subject property is east of the NAS Cabaniss Field clear zone. Property within and surrounding NAS Cabaniss Field is recommended for industrial in the Southside Area Development Plan. Approval of the "I -2" District would be an expansion of the "I -2" District adjacent to the west and consistent with the adopted plan and uses. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion b y S mith, seconded b y M ims, t o forward a r ecommendation for approval. Motion p assed with Pusley, Richter, and Zamora being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JAMES R. BYRN BY CHANGING THE ZONING MAP IN REFERENCE TO BREZINA FARM TRACT, BLOCK 2, LOTS 4B AND 4C, FROM "R -1 B" ONE- FAMILY DWELLING DISTRICT TO "1 -2" LIGHT INDUSTRIAL DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and p recommendations concerning the application of James R. Byrn for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 19, 2003, during a meeting of the Planning Commission, and on Tuesday, January 13, 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Lots 4B and 4C, Block 2, Brezina Farm Tract, located east of Brezina Road and west of Weber (W.O.W) Road, from "R-1B" One - family Dwelling District to "1--2" Light Industrial District. (Map H15C) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. .r H :\LEG- DIRUOSEPHIZONI NGI1103- 99REGULAR.DOC Page 2 of 3 SECTION 6. That p ublication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 13 th day of January, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor, The City of Corpus Christi APPROVED 2004 Joseph Harney Assistant City Attorney For City Attorney H:I LEG -D1 RIJOSEPH\ZON ING111 o3-o9REGULAR. DOC 29 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: January 13, 2004) Case No.: 1103 -10, Al Mostaghasi: A change of zoning from an "F -R" Farm -Rural District and "R-1C" One- family Dwelling District to an "R-1B" One- family Dwelling District on 26 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 26, Lots 13 and 14, located east of Quail Springs Road and north of County Road 26A. Planning Commission and Staff's Recommendation (11/19/03): Approval. Requested Council Action: Approval of the "R -1B" District and adoption of the attached ordinance. Purpose of Request: For the development of a 122 -lot single - family subdivision. Summary: The applicant has requested a change of zoning from "F -R" Farm-Rural District and "R-1C" One - family Dwelling District to an "R-1B" One - family Dwelling District, in order to develop a 122 -lot single - family subdivision. A portion of the subject property was rezoned to "R-1C", July 2003 for single- family development. Since that time, development plans have changed that include additional subdivision acreage and lot configuration variation. Minimum lot area permitted in the "F -R" District is five (5) acres and in the "R-1C" District 4,500 square feet, whereby the "R-1B" District requires a minimum lot area of 6,000 square feet. The "F -R" District permits one (1) unit per five (5) acres, the "R-1C" District density is 9.68 units per acre, as compared to the "R-1B" District at 7.26 units per acre. The South Fork Subdivision to the north is developed with a mixture of "R-1B", "R-1C" and "R -2" District properties that contain single - family residences and townhouses. A change of zoning on the subject property to the "R -1B" District is compatible to the zoning pattern of the area. The south extension of Quail Springs Road to County Road 26A (Brooke Road) will provide an additional access point for the area. Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Of the twenty -two (22) notices mailed to the surrounding property owners, none were returned in favor or in opposition. The 20% rule is not in effect. This case is considered noncontroversial. � x ichael . Gunnin g, AICP Assistant Director of Development Services/ Planning Section MGIFGM/er Attachments: 1) Zoning Report 2) Planning Cormnission Minutes 3) Ordinance H: IPLN- DIRIERMA\WORDIAGENDMEM\2®311103 - 10AGENDAMEMa.DGC CITY COUNCIL ZONING REPORT Case No.: 110340 Planning Commission Hearing Date: November 19, 2003 cis {4 Owner /Applicant: Al Mostaghasi A ent: David Underbrink — Naismith Engineering, � g Inc. 4 Property Address /Area: County Road 26 -A (Brooke Road) near Quail Springs Road From: "F -R" Farm -Rural District and "R-1C" One- family Dwelling District . a To: "R-1B" One-family Dwelling District r Area: 26 acres Purpose of Request: Development of a 122 -lot single-family subdivision. _ Zoning Land Use Site "F -R" & "R-1C" Farm Rural & Single - family Dwelling North "R -2" "R-1B" & "R-1C" Multi- Family & Single- family Dwelling South "F -R" & "R-1B" , Farm Rural & Single- family Dwelling East "F -R" Farm Rural West "R-1B" & "R -2" PUD Single - family Dwelling & Single-family PUD Zoning Report Case No. 1103 -10 (Al Mostaghasi) Page 2 Staff's Summary: The applicant has requested a change of zoning from "F -R" Farm - Rural District and "R-1C" One- family Dwelling District to an "R-1B" One- family Dwelling District, in order to develop a 122 -lot single- family subdivision. A portion of the subject property was rezoned to "R-1C", July 2003 for single- family development. Since that time, development plans have changed that include additional subdivision acreage and lot configuration variation. Minimum lot area permitted in the "F-R" District is five (5) acres and in the "R-1C" District 4,500 square feet, whereby the "R-1B" District requires a minimum lot area of 6,000 square feet. The "F-R" District permits one (1) unit per five (5) acres, the "R -1 C" District densit is 9.68 units er acre, as com ared to the p density per p "R-1B" District at 7.26 units per acre. The South Fork Subdivision to the north is developed with a mixture of "R-1B", "R-1C" and "R -2" District properties that contain single - family residences and townhouses. A change of zoning on the subject property to the "R-1B" District is compatible to the zoning pattern of the area. The south extension of Quail Springs Road to County Road 26A (Brooke Road) will provide an additional access point for the area. Q Area Development ment Plan : Southside ADP a P 4A •2 Zoning Violations: None Street ROW • Street Type Paved Section Volume Quail Spring Road Local 50' ROW w/ 28'Bk to Bk Not Avail. CR 26 -A (Brooke Road) Rural 60" ROW w/28' Bk to Bk (Planned 80' ROW w/ 40' Bk to Bk) Not Avail. Zoning Report Case No. 1103 -10 (Al Mostaghasi) Page 3 Department Comments Overall, the Comprehensive Plan Elements can be supportive of the requested "R-1B" District. The Southside Area Development Plan's adopted future land use map recommends the area to develop with low to medium- density residential development. The "R-1B" District is consistent with the Southside Area Development Plan. z 0 wz 0 AG Approval z G c.., ca Approval of the "R -1 B" One-family Dwelling Dwellin District. pp a0 u Attachments: Zoning map H:1PLN- DIRIERMA\WDRDIZDNRPTS 1200311103 -1 OCCREPORT. DOC 1 1 -03-03/AS A-1 Apartment How** District A -1A Apartment House District A-2 Apartement House District AT Apartment - Tourist district AB Professional Office District 13-1 Neighborhood Bussktess District Case 21103 -10 B4A Neighborhood Bossiness District BD Corpus Christi Beech Design DlirIct B-2A Barrier island flimsiness District B-2 Bayfront Bussiness District B4 Bussiness District B-4 General 8ussinsss district B-5 Primary Swain's' District 0-6 Primary Bussiness Core District 14 Limited industrial District 14 Light Industrial District I.3 Heavy Industrial District SP Special Permit PUD Planned Unit Development F-R Farm Rural Distrk HIC Historical -Cultural landmark Preservation RE Residential State District RA One Family Dweling System R -1A One Family Dowling District R -1B One family Dwelling District. R4C One Family Dweling District R -TH Townhose Dwelling District R-3 Multiple Dowling District T -1A 'Travel Trailer Park District T -1B Manufactured Home Park District T4 C Manufactured Home Subdivision District NORTH 400 200 0 Feet Planning Commission Minutes November 19, 2003 Al Mostaghasi: 1103 -10 DRAFT REQUEST: "F -R" Farm-Rural District and "R-1C" One- family Dwelling District to "R -1B" One- family Dwelling District located east of Quail Springs Road and north of County Road 26A. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Vice Chairman Mims asked how many access points would be available. Mr. Saldana stated that Quail Springs would continue into the subject parcel thus creating two access points to County Road 26A. Motion by Salazar, seconded by Stone, to forward a recommendation for approval. Motion passed with Pusley, Richter and Zamora being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY AL MOSTAGHASI AY CHANGING THE ZONING MAP IN REFERENCE TO 26 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 26, LOTS 13 AND 14, FROM "F -R" FARM -RURAL DISTRICT AND "R -1 C" ONE- FAMILY DWELLING DISTRICT TO "R-1B" ONE- FAMILY DWELLING DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of AI Mostaghasi for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 10, 2003, during a meeting of the Planning Commission, and on Tuesday, January 13, 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 26 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 26, Lots 13 and 14, located east of Quail Springs Road and north of County Road 26A, from "F -R" Farm -Rural District and "R -1C" One- family Dwelling District to "R -1 B" One - family Dwelling District, as shown on Exhibit A. (Map G16D SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, � ' s amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. . 4 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:ILEG -DI RIJOSEPHIZON I NGI1103- 10REGULAR. DOC Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of ty Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 13th day of January, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED 2004 Joseph Hamey Assistant City Attorney For City Attorney H:1 LEG -D I RUGS EPHIZG N I N G11103 -1 GREG U LAR. DGC Samuel L. Neal, Jr. Mayor, The City of Corpus Christi 1,2-1 2--203 12 : 17PM FROM PLANN I NG 512 880 3590 4.... --- -•1 j- -,-r 16 i 1 I' o 'I I1 " •� V lz J .2.4 1- te-1 }-- -- --1 s� 3,:\ ifr, = 44 CI IA_ lab i•� • ► _+-v ‘4, ,, 9 \' • r \ i ' `r M } 11V a E a r 1 a .1 1 s i a 1 1w7 4 64 it e. s �+ w r A if fi 0 i It NI N 1 1040.11,1 14 15 is i 1T mar 18 19 1t Lam' j co < , A — / , \ \ \ Z. — _-47/ .,,,......„ /i %, --.. Si N \ ce Ai* r ,....,.... , / / _ N,,, ..,,, \ \ \ / T — i i i en r i 1 f 4 �1 CO i c4. /0 r +.. .0••■•• \ N N C4 ger .r 1E1 V9Z 'NO peon 0)10043 CASE: 1103 -10 EXHIBIT A 1• /*7 rrt 1. N ti NO r P. 5 - w CD col 1 1 ohiki a • i i at t PI I co Lel %f (4% CO Oh 1 0 Page 3 of 3 Corpus Christi, Texas day of , 2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H :\LEG- DlR\JOSEPHIZONING11103 -1 OREGULAR. DOC 30 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Corpus Christi Regional Economic Development Corporation Quarterly Report OUTSIDE PRESENTER(S): Name TItIe/Posltlon Oraanlzatlon 7. Ron Kitchens , CEO/Presldent, CC Regional Economic Development Corp. ISSUE: Quarterly update to City Council regarding current economic development issues and efforts by the Corpus Christi Economic Development Corporation to encourage and cause retention, expansion and recruitment of industrial, manufacturing, distribution and service employers. REQUIRED COUNCIL ACTION: No Action required. Mark McDaniel Assistant City Manager Additional Background ❑ Exhibits ❑ 31 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Municipal Court Operations Update STAFF PRESENTER(S): Name 1. Judge Rodolfo Tamez 2. Judge Margie Flores 3. Judge Missy Medary 4. Judge John Rank 5. Rene Mendiola OUTSIDE PRESENTER(S): Name 1. None 2. Title /Position Presiding Judge Judge Judge Judge Director Title /Position ISSUE: Municipal Court Operations Department Municipal Court Municipal Court Municipal Court Municipal Court Municipal Court Organization BACKGROUND: The Municipal Court will make a presentation regarding significant changes at Municipal Court based on a request from the Municipal Court Committee. REQUIRED COUNCIL ACTION: K• MA-01 t 0,7( (Department Head Signature) Additional Background • None Exhibits • None City of Corpus Christi Municipal Court January 13, 2004 Collections ■ Program has leveled off from original levels — In 2001 the Municipal Court began the Collections Program. — In 2002 the Collections Program suffered a setback when the Texas Attorney General stated courts could not add collection fee to non - adjudicated cases. — In 2003 Texas Legislature passed HB 3159 stating courts can add collection fee to non- adjudicated cases Collections ■ Collections continues to be an e ffective tool to hold defendants a ccountable —Vendor is open and cooperative to program enhancements. — Vendor sends collection letters and makes telephone calls to defendants 60 days past due. Collections (f) C a o ft, � c -1:3 szu c o :5 2 E 4. a) 4.../ 4.• a) itll c In_ D 6 V 1:3 sa) c (1) (1) n:, cl) � ci) i c�Ln c � 0 na v ( 13 � W � L •• L zu ›..0 = irT, E c a) = 4-J (i0V)U) CU 0 toci3 ii. C: 2.) CU —C = O L cn 0 �a�i � .v� ( j )0> 5 8 c 0 c 7:5 p V cu ca _ ro cll .,,, c c3) a) fp- 1c3 2 4-Z4 -0.c.: roc CZ > (1) re 2 (I) o 0 is: L cL (i) > c1i 3 U N .E 1 1 1 • (n4ul � a. cll E u 0 u 2 O c'— a)a) � a � w (1) 0 a) U 4-0 fp cri ra " CI- co o co .= 02 tr) m • cs 4..) (0 C 00 N cL O N (0) ci) Ida cD0LflcO in (x) -rzn- (T3 1- -0 1.1 0 a) c) (4) CD CU (..) O cu c:■• L � iQ a) (I) �� F— cu • Warrants ■ 5 Dedicated Staff Assistants — Research and prepare cases eligible for Capias. Pro Fine,, Bench, Failure to Appear and Violation of Promise to Appear Warrants — Imaging has greatly increasedt he efficiency of researching cases for eligible warrants Warrants ■ City Marshals IR — Actively execute warrants in the field — Resolve "walk-ins" on warrant at the Court — Transport defendants on warrant from the Nueces County Jail to resolve Municipal Court Warrants ■ Municipal Court/CCPD Warrants Interface — CCPD has 24 hour a day 7 days a week access to Municipal Court Warrants — Back up plan in place while interface i's down Scheduling Pre -Trials m Implemented pre -trials for all cases with a " not guilty" plea — Before the new process, only Trials by Jury were set for a Pre -Trial — Key to success of the pre -trials was the coordination between Judicial, Prosecution and Administration � Scheduling Pre -Trials ■ Benefits of all " not guilty" pleas going through a pre-trial before being set for trial: —Reduced number of cases actually going to trial; only 3 of 35 pre-trial cases go on to trial — Reduced staff preparation time —Reduced officer overtime Scheduling Pre -Trials ■ Dec. 2002 —Police Officer Overtime — 216 hrs. of overtime = 72 officers (3 hours automatic) Scheduling Pre -Trials ■ Dec. 2003 —Police Officer Overtime — 39 hours of overtime = 13 officers Scheduling Pre -Trials m 82 %reduction in police officer overtiMe! Environmental Court ■ Weekly Docket has been established. ■ Three jury trials and 9 non -jury trials per week will be scheduled. m 100 cases per week can be pre -trialed. Environmental Court ■ Pre -trials will be used byProse cu o r w i th advice from ordMnance0fficer toaIn compliance. Defendant wiIIuSuaIy be offered deferred disposition or reduced penalty as incentive to gain compliance. All plea bargains will be approved by judge to ensure consistency. ■ Compliance dockets will be used to insure defendant has complied. Failure to comply may subject individual to maximum penalty. Environmental Court Individ Is who do not pie d g I ity' will be set for trial promptly. ■ Individuals who are found guilty after trial may be placed on deferred disposition which will required compliance. ■ Failure to comply may result in maximum punishment. Operations ■ Continually Improving Court Technology — Imaging —utilizing system to manage the electronic work flow — Hardware — have been approved to purchase servers for the Court software programs — Allows for the potential re -distribution of staff Operations ■ Great Team work between Judicial, Prosecution and Administration — All areas of the Court are included in the implementation of new processes to ensure that the process is beneficial to all areas of the Court — Continue to look for new ways to utilize programs to make sure we work at our most effective and efficient capability 32 NO ATTACHMENT FOR THIS ITEM 33 NO ATTACHMENT FOR THIS ITEM 34 NO ATTACHMENT FOR THIS ITEM 35 AGENDA MEMORANDUM DATE: January 13, 2004 SUBJECT: Corpus Christi Magistration /Detention Center Study /Report (Project No. 5162) AMENDMENT NO. 1 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 with Roots Foster Associates Architects, Inc. for a total fee of $01,000, for a total re- stated contract fee of $50,800 for the Corpus Christi Magistration /Detention Center Study /Report Project. ISSUE: The Nueces County Commissioners Court terminated the City - County jail contract on August 13, 2003, one week after requesting a review of costs associated with that arrangement. While the City and County staff members continue to negotiate a new jail services contract, the City must be prepared to deal with persons arrested for crimes in the event negotiations fail to produce a new agreement (without an agreement, the contract will expire on September 12, 2004). The proposed NE Amendment No.1 will establish a facility limited in scope and duration to holding detainees for a maximum of twelve (12) hours, until they can be timely magistrated. Amendment No. 1 includes Basic Services and Additional Services for required improvements. This item requires City Council approval. FUNDING: Funding is available from the Police Department Operating Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. r te*-C Pete Alvarez, Jr. Chief of Police Additional Support Material: Exhibit "A" Background Information Exhibit "B" Location Map Exhibit "C" Preliminary Project Budget H: IUSERS2IHOMEWELMARIGEMLPOLICE151621AGENDA MEMO 1 ' . Escobar, P. E., Director of Engineering Services //s/oat BACKGROUND INFORMATION SUBJECT: Corpus Christi Magistration /Detention Center Study /Report (Project No. 5162) AMENDMENT NO. 1 PRIOR ADMINISTRATIVE ACTION: 1. December 13, 2003 — Executed Small Consultant Agreement with Roots Foster Associates Architects, Inc. in the amount of $5,500 for the Corpus Christi Magistration /Detention Center Study /Report Project. FUTURE COUNCIL ACTION: Approval of a construction contract to complete the subject project. PROJECT BACKGROUND: The Nueces County Commissioners Court terminated the City - County jail contract on August 13, 2003, one week after requesting a review of costs associated with that arrangement. While City and County staff members continue to negotiate a new jail services contract, the City must be prepared to deal with persons arrested for crimes in the event negotiations fail to produce a new agreement (without an agreement, the contract will expire on September 12, 2004). The following issues are paramount in considering confinement and financial responsibility for arrestees: 1. The County Commissioner's Court is charged with the legal duty to provide a safe and suitable jail for the county, and the sheriff is the keeper of the jail. The sheriff has the legal duty to confine all prisoners -- and pay for their maintenance and housing — committed to the jail by a lawful authority in the county. 2. An arresting agency is responsible for those people it arrests until they have been seen by a magistrate and ordered committed. Once the order of commitment is signed, the responsibility for that prisoner immediately devolves upon the sheriff and the county. Therefore, the timely magistration of prisoners arrested by the Corpus Christi Police Department needs to be established. To set up such a magistration system, the City will be required to establish a temporary detention facility to hold people arrested by City law enforcement officers and provide for their magistration by City magistrates. The intent is not to create a new City Jail, but to establish a facility limited in scope and duration to holding detainees for a maximum of twelve (12) hours, until they can be timely mag istrated. Responsibility for the prisoners then immediately shifts to the Sheriff, and the prisoners will be transported to the County Jail for confinement. H: tUSERS2IHOMEWELMARIGEN IPOLICEI5182IAGENDA BACKGROUND Ideally, in the future, the magistration center and temporary detention facility would be completely housed in a central Municipal Court complex. Indeed, the center could operate as a regional magistrating facility for all arresting agencies in Nueces County. CONSULTANT SELECTION: The firm of Roots Foster Architects Associates, Inc. was selected based on the following: • The firm designed and constructed the original Corpus Christi Police Facility; and subsequent remodeling projects, including the Municipal Court. • The firm was determined as the best qualified consultant based on overall experience and the ability to demonstrate and present a wide knowledge of applicable project fundamentals including knowledge of Americans with Disabilities Act (ADA) requirements. • The firm's previous experience on similar projects; and a demonstration of a superior approach to the project and understanding of project requirements. • Due to the urgency of the project, a small consultant contract was administered on December 13, 2003 to begin the Study /Report. AMENDMENT NO. 1: The scope of work includes Basic Services and Additional Services to establish a facility on the first floor of the existing Corpus Christi Police Facility, located at John Sartain and Chaparral Streets. The facility will be limited in scope and duration to holding detainees for a maximum of twelve (12) hours, until they can be timely magistrated. H: IUSERSMOMEIVELMARIGENIPOLICE151 fi21AGENDA BACKGROUND EXHIBIT "A" Page 2 of 2 LOCATION MAP NOT TO SCALE LEOPARD ST. NORTH CARANCAHUA ST. MESTINA ST. NORTH BROADWAY LIPAN STREET AIM PROJECT }!5162 KINNEY STREET VICINITY MAP NOT TO SCALE EXHIBIT "B" CORPUS CHRISTI POLICE DEPT. HOLDING CELL AREA STUDY /REPORT CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES lit PAGE: 1 of 1 PAGE: 1 of 1 DATE: 01 -08 -04 INIIIIIMP NMI MEW NNW vii CORPUS CHRISTI MAGISTRATION /DETENTION CENTER STUDY /REPORT (Project No. 5162) Preliminary Project Budget January 13, 2004 FUNDS AVAILABLE: Engineering $528,000.00 FUNDS REQUIRED: Construction (estimate) $392,970.00 Contingencies (10°/x) 39,297.00 NE Fees & Testing 66,800.00 Construction Inspection 15,652.00 Engineering Reimbursements 7,852.00 Finance Reimbursements 3,929.00 Misc. (Printing, Advertising) 1,500.00 Total $528,000.00 EXHIBIT "C" Page 1 of 1 36 AGENDA MEMORANDUM January 13, 2004 SUBJECT: Professional Minor League Baseball Stadium — Project No. 4285 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a contract for Construction Manager at Risk with Fulton /Coastcon and Hunt Construction Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana for the Professional Minor League Baseball Stadium. FUNDING: Funding will be supplied by the Corpus Christi Business and Job Development Corporation (4 -A Board). 4-A Board proceeds do not require appropriation. RECOMMENDATION: Approval of the motion as presented. Ronald F. Massey Assistant City Manager ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B. Site Map H :IHOMEIKEVI NSIGEN\Baseba Il1CM ©RiskMemo.doc R. Escobar, P. E. irector of Engineering Services BACKGROUND INFORMATION BACKGROUND: A Request for Proposals for Construction Manager at Risk for the Professional Minor League Baseball Stadium was released on October 6, 2003. A total of five proposals were received on November 21, 2003. Proposals were submitted by: • Ewing Construction Go.; • Fulton/Coastcon and Hunt construction, Joint Venture; • Moorhouse-- Beecroft- SKANSKA, Joint Venture; • WCl Texas; and • Zachry in association with Centex. The proposals were reviewed and scored within the forty -five days required by statute. Scoring was completed January 5, 2004. An initial technical review and scoring was completed by the project management team (ALCM). Reference calls were made by city staff. Two review meetings were conducted by the selection committee. AGCM presented its report and comments to the committee during the first meeting and was excused from further participation. The submittals and technical reviews were discussed in depth by the Committee. Final scoring was by the selection committee. EVALUATION: The evaluation followed the requirement of the Local Government Code Section 271.118 for selection of a construction Manager at Risk. The RFP set forth the selection criteria. All of the firms were deemed qualified, met the submittal requirements, and possessed significant experience. The scores ranged from 408 to 693 out of a possible 700 points. Fulton/Coastcon/Hunt Construction Group The Fulton /Coastcon /Hunt Construction Group Joint Venture of was deemed to offer the best value and received the highest score of 693. This joint venture combines the strongest and most experienced local contractor with one of the nation's premier sports venue contractors. The group has a wealth of CM @ Risk experience, a large data base for costing and constructability review, and a simplified organization structure. Both companies use the same construction management software which is being employed for the Arena project. This will facilitate communications and the interface of the joint venture. Two or more of the project team members have worked on nine of the ten projects listed. This will provide a basis for quickly establishing an effective, efficient team. This joint venture has the most complete knowledge of the subcontractors and vendors operating in this area. They provide. a 24 -hour response to warranty issues using their own personnel and subcontractors. Fultonlcoastcon recently received the Corpus Christi Minority Business Development corporation annual Corporate Procurement Award. Zachry Zachry in association with Centex was ranked second with a score of 675. Zachry and Centex are large, reputable contractors. Zachry has primarily been known as a public works and industrial contractor. Centex is primarily an architectural project contractor that has substantial experience with sports venues. For architectural projects, Zachry uses a delivery method in which they are the contracting entity, but Centex actually manages the EXHIBIT A Page 1 of 4 H:IHOM EIKEVI N S1GEN1Baseball1CM @RiskBkg ExhA.doc project. The submittal did not clearly explain the association with Centex which causes some contractual concerns and raises some legal questions. The submittal also listed extensive projects that were not clearly identified as Centex projects leaving the impression they have been constructed by Zachry. Zachry also has had only two recent architectural projects in the Corpus Christi MSA. The County Baseball Stadium at Robstown was recently completed. The Harte Research Institute at TAMU -CC is in the early initial stages of construction. The project schedule for this project was externally produced by a professional scheduler. This raises question as to the capacity and capability of their in house personnel, and their familiarity with this type of construction. The direct involvement of the on -site project team in schedule development is deemed to be preferable to external scheduling. Such participation helps the project team understand the project, critical path elements, project coordination and improves team performance. The proposed on site management team has no local experience. Zachry proposes to implement a local minority participation program, but appears to have nothing currently in place. Moorhouse, Beecroft, SKANSKA Moorhouse, Beecroft, SKANSKA, Joint Venture was ranked third with 615 points. This firm has the capability to perform the work, but did not have the experience of the two higher ranked firms. SKANSKA was created in April 2003 through the acquisition of BFW Construction Co. BFW was a well respected Texas general contractor. Sports expertise will be imported from another SKANSKA Company. The SKANSKA portion of the joint venture has not had time to demonstrate a smooth transition to the new parent company in terms of communication, resource allocation, etc. This could pose some risk to the project. The firm has had some difficulty with writing the project schedule at the Convention Center. The submittal often lacked specifics, but created a favorable impression. We I Texas WCI Texas ranked fourth with 493 points. It is a highly respected growing company with a limited presence in south Texas. Its financial resources are more limited than the higher ranked firms. They have had limited CM a@ Risk experience. Much of their work has been in the Waco area. There is concern whether their management structure and style can adequately support contracting at this distance. Based on the submittal, virtually all support for on -site project construction must originate in Waco. Little latitude is given the on -site personnel which conflicts with the need to grant on site management discretion and responsibility for the project. Distance, communications, control and competition for home office resources could be the basis for potential problems. It is likely that responsiveness will be negatively impacted. Ewing Construction Ewing Construction Co. was ranked fifth with 408 points. It is a well respected, growing company that has principally built relatively simple types of construction for grocery stores, retail buildings, and strip malls. Ewing's present customers are highly satisfied and frequently provide repeat business. No sports venue experience was cited. They do not have any CM @ Risk experience. Their re §ources are adequate for the type of work they are performing, but would appear to be stained to the meet the demands of the Stadium project. The lines of authority, coordination and project communication as presented were unclear and confusing. Proposed solutions were unsophisticated. One solution proposed having Valley Builders, which constructed the UT Pan American Baseball Stadium, conduct a one day consultation to gain information on how to build a baseball stadium. The H:I HOMEIKEVINSIGEN1Baseba11 1CM @RiskBkgExhA.doc EXHIBIT A Page 2 of 4 stadium would represent over 38% of their average annual construction value. PROJECT COST /FEES: The selected firm will agree to a negotiated guaranteed maximum price (GMP), fee, and dollar amount for general conditions. The GMP will be inclusive of the fee and dollar amount for general conditions. The GMP, fee and general conditions will be presented to the Council as an amendment to the contract. Failure to agree on the GMP would result in the termination of the contract. The contract in its present form does not obligate the City to any expenditure of funds. The Construction Manager at Risk is required to publicly advertise for bids from subcontractor and suppliers. The receipt of bids will be witnessed by City staff. The bids will be recorded for evaluation to determine low qualified bid. The total of the low qualified bids received by the Construction Manager will become the project cost with any savings accruing back to the City. The Construction Manager at Risk will select and award contracts to the sub - contractors and suppliers. PRIOR COUNCIL ACTION: October 24, 2003 — a. Motion authorizing the City Manager, or his designee, to execute an architectural services contract in an amount not to exceed $1,240,000.00 with HKS, Inc. of Dallas, Texas for the Professional Minor League Baseball Stadium (M2003 -370). b. Motion authorizing the City Manager, or his designee, to execute a project management services contract in an amount not to exceed $475,175.00 with Anderson Group Construction Management, Inc. of Corpus Christi for the Professional Minor League Baseball Stadium (M2003 -371) October 28, 2003 - Motion authorizing the City Manager, or his designee, to execute a geotechnical investigation contract in an amount not to exceed $33,400.00 with Kleinfelder of Corpus Christi, Texas for the Professional Minor League Baseball Stadium (M2003 -389). PRIOR COUNCIL ACTION: 1. October 24, 2003 — Motion authorizing the City Manager, or his designee, to execute an architectural services contract in an amount not to exceed $1,240,000.00 with HKS, Inc. of Dallas, Texas for the Professional Minor League Baseball Stadium (M2003 -370). 2. October 24, 2003 - Motion authorizing the City Manager, or his designee, to execute a project management services contract in an amount not to exceed $475,175.00 with Anderson Group Construction Management, Inc. of Corpus Christi for the Professional Minor League Baseball Stadium (M2003 -371) 3. October 28, 2003 - Motion authorizing the City Manager, or his designee, to execute a geotechnical investigation contract in ,an amount not to exceed $33,400.00 with Kleinfelder of Corpus Christi, Texas for the Professional Minor League Baseball Stadium (M2003 -389). 4. November 11, 2003 - Motion authorizing the City Manager, or his designee, to execute a demolition contract with Cherry Demolition Company, of Houston, Texas, in an amount not to exceed $466,000 for the Demolition of Compress Units 1, 2, and 3 for Stadium Construction subject to approval of an agreement with the Port of Corpus Christi Authority to purchase the property (M2003 -405). 5. December 9, 2003 - Motion authorizing the City Manager, or his designee, to execute EXHIBIT A Page 3 of 4 H:IHOMEIKEVI NS\GEN1Basebal lCCM©RiskBkgExhA.doc an engineering services contract in an amount not to exceed $32,500.00 with Wilbur Smith and Associates, Inc. of Dallas, Texas fora parking, roadway, and traffic study for the Professional Minor League Baseball Stadium (M2003 -434) 6. December 15,2003 — Motion authorizing the City Manger to execute a binding agreement with RSR Sports, Inc. relating to the location and operation of a minor league baseball team in the City. PRIOR ADMINISTRATIVE ACTION: 1. October 10, 2003 -- Distribution of Request For Proposals (RFP) No. 2003-06 (Professional Minor League Baseball Stadium Project) to 3 local contractors and 6 out of town contractors for Construction Manager at Risk. 2. November 12, 2003 -- Addendum No. 1 to the For Proposals (RFP) No. 2003-06 (Professional Minor League Baseball Stadium Project) to 3 local contractors and 6 out of town contractors for Construction Manager at Risk. PRIOR ACTIONS: The 4 -A Board has approved the project and issued a re- imbursement resolution which allow expenditures to be reimbursed by the forthcoming bond sale for the project. FUNDING: This contract does not commit to any expenditure of funds in its present form until amended. Funding will be provided by proceeds administered by the 4 -A Board. The City acts as the agent on behalf of the 4 -A board. Funding will be advanced from the 1/8 cent sales tax pending the issuance of bonds by the Board. The Board has approved a reimbursement resolution to permit repayment of expenditures. H:IHOMEIKEVI NSIGEN1BaseballlCM ©RiskBkgExhA.doc EXHIBIT A Page 4 of 4 Final City of Corpus Christi, Texas Professional Minor League Baseball Stadium Project RFP 2003-05 CONSTRUCTION MANAGEMENT -AT -RISK RFP SELECTION MATRIX - SCORING SHEET EVALUATOR No.: Mooxhousw Ewing Fulton* CRITERIA RFQ Reference Total Possible W'C1 Texas Beecroft Construction Coastcon* ZACHRY Number Points SKANSKA law Centex Co. HUNT JV A. The Respondent's capability to perform the construction management services for the 12,3 4 5 6 7 8 9 10 ' '& ' ' project, including Respondent's demonstrated capability and financial resources to perfo1 104 75.00 85.00 50.00 100.00 95.00 the work in the time projected: 100 Points 11' B. The responses and experience of the team members proposed to manage the project for 12,13,14,15,X6,17 90 54.00 81.00 36.40 86.00 90.00 Respondent: 90 Points & 18 C. The Respondent's demonstrated technical and management competence as a constructs manager with municipal projects. Knowledge of Corpus Christi Metropolitan Statistical Ai A9,20,21,22,23, 24, 140 74.00 75.00 50.00 100.00 95.00 (MSA) sub -contractor community and use of such. The Respondent's past performance on 25 & 26 construction projects for the City of Corpus Christi and other similar clients. 1.00 Points D. The Respondent's knowledge of current construction methodologies and technology: 8 27 & 28 80 64.00 68.00 60.00 80.00 78.00 Points E. The quality of references from past customers of respondent: 100 Points 29 100 95.00 100.04 90.00 100.00 95.00 . The demonstrated ability of the Respondent to meet schedules on past projects: 120 Points 30 1,20 78.00 102.00 60.00 120.00 117.00 G The Respondent's safety record supported by accurate and verifiable data: 60 Points 31 & 32 60 57.00 54.44 42.00 57.00 57.00 The Respondent's local and minority participation plan in terms of adequacy and probable level of success. 50 Points 33 & 34 50 0.00 50.00 20.00 50.00 48.00 TOTAL POINTS 744 493 615 408 693 675 G A Relationship between Zachry and Cemex not dear. Cemex appears to be operating as a sub -contractor. This leads to contractual and legal questions. City would contract with Zachry and have no legal relationship with Centex. B: Zachry and Centex have an extensive working relationship on this type of project. FultorVCoastcon and Hurst have not worked together. C: Zachry has completed only one architectural project In area and is initial stages of a second project. Zachry has not established working relationships or an extensive knowledge of the local subcontractorlsupplier market for vertical construction. Centex does the vertical construction for Zachry. D. Zachry offered good examples, but did not provide the level of detail and specifics provided by Fulton. Additional specifics needed in quality assurance. E References listed by Zachry were often not available. Some references noted that Zachry had not done the project, but it was done by Centex. Exhibit B F. Zachry Is utiiixing an exienml professional schedulurer at the TAMU-CC Harte Research Institute raising question as to the capacity, capability, and knowledge of Zachry with this type of constriction. Participation of on site project team in Page 1 of 1 developing schedule helps team understand the project, critical path elements, project coordination and improves team performance. G. Experience Modifies Rate basically equivalent. H. Zachry operates a comprehensive program that has been successful, but provided no local information. Rio : ViptojecAmmolladilbibAegb4285.dwg METES AIY CORPUS CHRISTI INTERNATIONAL AIRPORT LOCATION MAP NOT TO SCALE PROJECT LOCATION CORPUS CHRISTI BAY CITY PROJECT No. 4285 VICINITY MAP NOT TO SCALE EXHIBIT "C" BASEBALL STADIUM - CONSTRUCTION SITE air OF CORPUS CHRISTI, MICAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 01 - 08-04 IMF . .■.■ trolusimasi 37 INTEROFFICE MEMORANDUM TO: THRU: MARGIE C. ROSE, ASSISTANT CITY MANAGER FROM: MICHAEL N. GUNNING, DIRECTOR OF PLANNING AND ASSISTANT���' (4, DIRECTOR OF DEVELOPMENT SERVICES SUBJECT: MUSTANG -PADRE ISLAND AREA DEVELOPMENT PLAN HONORABLE MAYOR NEAL AND CITY COUNCIL MEMBERS DATE: JANUARY 6, 2004 On November 18, 2003, City Council approved the first reading of the ordinance adopting the Mustang -Padre Area Development Plan. At that public hearing, Mr. Paul Schexnailder, Asset Development Corporation, asked Council for additional time to review the Plan with his architecture and design consultant, Cooper, Robertson & Partners. This time period would be used to determine the Plan's compatibility with his development concepts and provide comments and suggestions to City staff. City Council approved the first reading with a motion to delay the second reading, originally scheduled for December 9, 2003, for a period not to exceed 60 days. Based on the approved motion, Staff was obligated to place the second reading on the Janury 13, 2004 Council Agenda. Staff subsequently met with Schexnailder and his consulting engineer, Larry Urban, on December 17, 2003, where Staff was provided Schexnailder's preliminary comments. At this time, Staff is preparing responses to his preliminary comments. Schexnailder has verbally indicated that he needs additional time to finalize his comments. A second meeting is scheduled for January 7, 2004 to receive further input. CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11 -18 -03 AGENDA ITEM: (Caption as it should appear on the agenda) ITEM A: A PUBLIC HEARING TO CONSIDER ADOPTING THE MUSTANG /PADRE ISLAND AREA DEVELOPMENT PLAN, AN ELEMENT OF THE COMPREHENSIVE PLAN, FOR PURPOSES OF DEFINING THE CITY'S COMPREHENSIVE PLAN POLICIES ON MUSTANG AND PADRE ISLAND FOR PROTECTION OF THE ENVIRONMENT, FUTURE LAND USE, TRANSPORTATION, PUBLIC SERVICES, DUNE PROTECTION, BEACH ACCESS, PACKERY CHANNEL AND CAPITAL IMPROVEMENTS. ITEM B; FIRST READING OF AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF CORPUS CHRISTI ( "THE CITY ") BY ADOPTING THE MUSTANG -PADRE ISLAND AREA DEVELOPMENT PLAN; DEFINING THE CITY'S COMPREHENSIVE PLAN POLICIES ON MUSTANG AND PADRE ISLAND FOR PROTECTION OF THE ENVIRONMENT, FUTURE LAND USE, TRANSPORTATION, PUBLIC SERVICES, DUNE PROTECTION, BEACH ACCESS, PACKERY CHANNEL AND CAPITAL IMPROVEMENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. ISSUE: The City Charter requires the City to maintain a Comprehensive Plan for all areas of the City and its Extraterritorial Jurisdiction. The City does not currently have a long range Area Development Plan for Mustang and Padre Island. The Mustang and Padre Island Area is a high growth area of the City. A Plan is needed in order to communicate the City's desired future growth pattern to property owners, residents, city staff, and other governmental entities. The plan will assure a more coordinated and comprehensive approach for planning of land uses, utilities, park and recreation services, zoning, platting and other city services and improvements. The overall purpose of the plan is to encourage a growth pattern that will maximize the most beneficial attributes of the islands for current residents, property owners, the citizens of Corpus Christ and for the generations to come. Since the Planning Commission recommendation for adoption of the plan, staff has met with Texas Department of Transportation (TxDOT) officials to discuss the most appropriate right-of-way width for State Highway 361. TxDOT indicated that the most desirable right -of- way width on State Highway 361 is 240 feet as indicated on the current Corpus Christi Urban Transportation Plan. Mustang -Padre Island Area Development Plan City Council Public Hearing November 14, 2003 Urban Transportation Plan. With regard to Park Road 22, TxDOT indicated that due to existing development and slower vehicle speeds that a maximum right --of -way of 200 feet would be appropriate. Policy Statement C.6 has been modified to reference Park Road 22 only, and not State Highway 361. REQUIRED COUNCIL ACTION: Approval of Ordinance on first reading. PREVIOUS COUNCIL ACTION: There is no current adopted Area Development Plan for Mustang and Padre Island. (see Additional Background) FUNDING: NA CONCLUSION AND RECOMMENDATION: Staff recommends adoption of the Planning Commission recommended plan with the modified Policy Statement C.6. ichae N. Gunning, AICP Assistant Director of Development Services/ Director of Planning c Attachments: Attachment: Attachment 1: Additional Background Attachment 11: Board and Commission Minutes Attachment 111: Mustang -Padre Island Area Development Plan Attachment IV: Ordinance Adopting the Mustang Padre Island Area Development Plan: an Element of the Comprehensive Plan Attachment V: PowerPoint Presentation Mustang -Padre Island Area Development Plan City Council Public Hearing November 14, 2003 Attachment I ADDITIONAL BACKGROUND INFORMATION Subject: Proposed Mustang Padre Island Area Development Plan: an element of the Corpus Christi Comprehensive Plan History: The City Charter requires the City to maintain an up -to -date comprehensive plan and requires the Planning Commission and City Council to hold a public hearing prior to adoption of any plan element. On March 7, 1989 the City Council adopted the first development plan for the island. The plan recommended the development of the Packery Channel but did not indicate a definite funding source for construction. Subsequently, the Corpus Christi Tax Payers Association presented City Council and called for a voter's referendum on the plan and Packery Channel. On June 13, 1989, City Council, while indicating support for the plan, decided the best course of action was to repeal the plan rather than place the plan and the unfunded Packery Channel before the voters. The City Council also indicated that once the other Area Development Plans were completed the staff should bring back to City Council another Mustang /Padre Plan for adoption. Planning Process: The planning process approved in January 2003 called for a plan to be ready for City Council approval before the end of the year. A key element of the planning process was to formulate a detailed list of plan issues to be addressed with residents, business owners, and developers on the island. The Island Stakeholders Group also played a fundamental role in evaluating the issues and initial drafts of the plan. Staff met with the Island Stakeholders Group on four occasions from between March and September. The Mustang /Padre Plan was presented for review, comment and endorsement to the Transportation, Park, and Watershore Advisory Committees as will as the Nueces County Beach Management Committee. On November 5th, the Planning Commission conducted the second public hearing on the Plan and recommended City Council adoption with a number of policy revisions to the draft plan. Plan Highlights Plan Mission Statement Excerpt "The ultimate goal of this plan is to assist in transforming the Mustang -Padre Island area into a world- renowned tourist, resort and residential community." The City "... commits to doing its part to ensure the long -term success of Mustang -Padre Island." Draft Mustang -Padre Island Area Development Plan City Council Public Hearing November 14, 2003 Policy Statement Excerpts Future Land Use Plan — A future land use map of the Mustan g and Padre Island areas is recommended. The use of Planned Unit Development is strongly recommended . gY throughout the area to assure that the complex issues of zoning and platting and site plan g p g p are handled at one time rather than in two separate processes and to facilitate innovative design and higher densities. Site Plan Review A site plan review process is proposed for multi family and commercial developments in a manner that would: • Be coordinated internally and simply require a multiple interdisciplinary staff p rY review of proposed building permits. • The site plan review process would ensure a more permit h review of ermit requests and prevent approval of building permits in error. • Not add to the existing length of staff review of new multi-family and . Y commercial permits (approx. 2 -3 weeks) • Require four new items of information over and above existing requirements for submission of a site plan with a building permit request: • Dune and Beachfront construction Permit information where appropriate • A wetlands determination or preliminary determination if one has previously been completed for the property • For shoreline areas a state survey of not less than 5 years old would be required. Packery Channel Recreation Improvement Plan — A specific and detailed site p lan for Phase 11 recreational improvements is recommended. The detailed site plan should indicate p indicate the location for bathhouses, beach parking, and bait and tackle shop, public boat pp ramp and parking, etc. Public Beach Access — public beach access points for vehicular arkin and dune p g walkovers has been reduced from one half mile spacing to one mile . spacin g Acquisition uisition by purchase with Texas General Land Office grants is recommended. Vehicular Beach Access — gulf beaches are recommended to remain open for vehicular access unless an overwhelming public safety issues exists. Spacing is recommended at one mile intervals. Park Road 22 — The highest quality of design is recommended along Park Road 22 and State Highway 361 south of the State Park. Public and private developments in or along these corridors are proposed to adhere to architectural design controls. Park Road 22 - A special cross section design concept based on discussions between the Padre Island Zoning Committee and Texas Department of Transportation was the basis for recommending a change to the future right -of -way for Park Road 22. The current Draft Mustang -Padre Island Area Development Plan City Council Public Hearing November 14, 2003 Transportation Plan requires a 240 foot wide street cross section and the proposed cross- section would require 200 feet. The design concept includes four (4) through lanes; two (2) parallel marginal access roadways; and a hike and bike trail. "Wilson's Cut" — Wilson's Cut located north of the State Park, provides access to popular bay fishing spots, including Shamrock Cove. The Wilson's Cut Channel is the only location on Mustang Island north of the State Park (and inside city limits) where a boat ramp is available. However, the boat ramp is on private land and is not publicly owned. The plan calls for the City acquisition of land adjacent to Wilson's Cut for the purpose of ensuring there will be permanent access to a public boat ramp. Mustang -Padre Island Area Development Plan City Council Public Hearing November 14, 2003 Attachment II Attachment 11: Board and Commission Minutes AGENDA REGULAR PLANNING COMMISSION MEETING MINUTES (PRELIMINARY NOT APPROVED Council Chambers- City Hall Wednesday — October 22, 2003 5 :30 P.M. COMMISSIONERS: David Berlanga, Chairman Shirley Mims, Vice Chairman Neill F. Amsler Michael Pusley Elizabeth Chu Richter Eby H. Salazar Richard Smith Bryan Stone Robert Zamora 11. PUBLIC HEARING AGENDA ITEMS STAFF: Michael N. Gunning, AICP, Assistant Director of Development Services /Director of Planning Lucinda Beal, Recording Secretary Joseph F. Harney, Assistant City Attorney Mark Simon, Special Services Faryce Goode- Macon, City Planner Harry Power, City Planner Bob Payne, AICP, Senior Planner Scott Dunakey, City Planner Mic Raasch, AICP, City Planner MUSTANG -PADRE AREA DEVELOPMENT PLAN Robert E. Payne, Senior Planner, provided a PowerPoint presentation of the Mustang Padre Area Development Plan. He stated that the ultimate goal was to promote development of the Mustang Padre Island area into a world- renowned tourist resort and residential community. Mr. Payne provided an overview of the process to -date. He stated that staff formed a stakeholders group which was composed of residents, business leaders, environmental interests, and other interested parties. The purpose the stakeholders group was to find out what the stakeholders believed were important issues that needed to be addressed in the plan. Mr. Payne stated that he has met with several boards and committees including: Park and Recreation Committee, Transportation Advisory Committee, Watershore Advisory Board, and the Nueces County Dune Protection Committee. He added that the boards and committees endorsed the plan. Mr. Payne stated that the plan requires a site plan review process for multi - family Mustang -Padre Island Area Development Plan City Council Public Hearing November 14, 2003 and commercial development to assure a more thorough review and would be conducted internally with staff regarding utilities, environment, planning to ensure that the development meets city requirements, plan policies, etc. Mr. Payne reviewed future land uses proposed for Mustang and Padre Island. Commercial development is provided at the intersections of existing or proposed arterial and collector streets, primarily along Park Road 22 and State Highway 361. The plan also indicates that future development must be compatible with existing residential areas on the Islands. Industrial uses are not recommended for the Mustang -Padre Island Area. Placement of overhead utilities underground is also recommended in the plan. Mr. Payne informed the Commission that there is an Island Planning Group working with the City and a consultant on updating the "B -2A" zoning district for the Island. One of the issues is urban design. The plan needs to give some overall guidance to the group. Urban design elements include prohibiting metal buildings; requiring pedestrian amenities, stricter signage controls, color guidelines; and having architectural controls, coastal themes such as Spanish, Mediterranean, Cape Cod, etc. The beach access points are located approximately 0.5 mile apart as identified on the Urban Transportation Plan adopted in March 2003. At this time, there is not a beach access point beyond Access Road 2 for approximately 10 miles northward. Mr. Payne stated that the plan identifies increasing elevation of streets intersecting Park Road 22 and Highway 361 wherever feasible. Increasing the elevation would allow for evacuation and also assist with drainage of the Island. Access Management is addressed with marginal access roads. Mr. Payne provided an example as being the access road near the Sonic Restaurant on the Island. He stated that the plan encourages marginal access roads. Mr. Payne stated that the collector on the Transportation Plan is not identified on the Mustang /Padre Plan, however, he added, for the record, that staff proposes that one collector road would suffice between Access Road 2 and the two proposed access roads to the north on the west side of the island. Public hearing was opened. Jim Urban, consultant for Urban Engineering and member of the stakeholders Mustang -Padre Island Area Development Plan City Council Public Hearing November 14, 2003 group, distributed information to the Commission with seven (7) comments addressing fundamental differences in the plan. The first issue was protection of non - jurisdictional wetlands and sensitive habitat. Mr. Urban questioned why only eight (8) units were allowed per acre north of the state park and west of State Highway 361 and asked whether the city wants to be in the business of regulating non - regulated wetlands or sensitive habitat sights. Mr. Urban's second issue was architectural controls. He stated that the current developments on Mustang Island are not developed with the specific themes presented. Another issue was landscaping. Mr. Urban stated that the current ordinance requires landscaping. Park dedication was addressed as a use for off -beach parking. Mr. Urban requested that the beach be identified as a park. Another issue presented by Mr. Urban was beach access roads. He stated that the current city beach access plan proposes a beach access right --of -way width of 80 feet. This would require a dedication of 27% of a single tract or 13.5 off two adjacent tracts. The current Master Transportation Plan illustrates 60 -foot right -of -ways. Mr. Urban's sixth issue addresses the road section. He stated that the plan proposes a 240 -foot wide right -of -way with 140 feet of paved width. TxDOT recently adopted a five -lane section with a paved width of 70 feet for the north end of the Island. The majority of the east side of State Highway 361 is already platted and numerous utilities and developed project will make acquisition along the east side of State Highway 361. Mr. Urban added that the current and projected traffic would not warrant the proposed section. Mr. Urban's last issue addressed capital improvements. He stated that the plan fails to propose any capital improvements north of the State Park. Derek Hoak, 13525 Boryon Court, stated that he prefers the architectural controls identified in the plan. He added that there would be an improvement in land value. Pat Suder spoke on behalf of the environmental coalition. Her issues included the Oak Mott and the benefit of it for migrating birds. The Audubon society requested that the 35 acres not owned by the society be preserved and identified in the plan. Another issue was the City's agreement with the State Legislature concerning a parking lot immediately behind the seawall and north of the Holiday inn. Ms. Suder added that the legislative act stated that the City would be allowed to prohibit vehicular traffic in front of the seawall provided that an area be created in the middle of the seawall expansion to park 300 cars and provide basic amenities. Ms. Suder stated that the plan encourages sprawl. She provided an example of traveling from Calallen to the Island and added that there is not any form of public transportation that would accommodate that route. Mustang -Padre Island Area Development Plan City Council Public Hearing November 14, 2003 Jack Ponton, developer on the Island and Beach Management Committee member, stated that he did not want Mustang Island to be comparable to Port Aransas and added that he did not agree with Mr. Urban's presentation. Martha Graham, property owner of Mustang Island Riding Stable, asked the Commission not to rezone her property. Carl Badilich, owner of property on Mustang Island and Packery Channel, expressed concern with people owning property bordering the Packery Channel and the need for a seawall. Another concern was compatible zoning for the Island. Treon Serbu, 14310 Playa Del Rey, expressed concern with beach access and parking. The concern was that the 60-foot right -of -way would not accommodate the parking and added that additional tracts needed to be purchased. Ro Wickam stated that he Chaired the Island Planning Group that is reviewing the "B -2A" District. He added that there needs to be architectural controls in place. Mr. Payne stated that the he would like to respond in writing to Mr. Urban's detailed written comments at the next Planning Commission meeting. However, Mr. Payne did want to immediately dispel Mr. Urban's assertion that the plan requires new local protection for non - jurisdictional or jurisdictional wetlands. The plan only invites development to voluntarily preserve the existing habitat of the Island by the City allowing higher density with a smaller "development foot print" in return for larger setbacks. Commissioner Smith stated that as an Island resident and a member of the stakeholders group, he believed that there is a need for architectural controls on North Padre Island. Commissioner Zamora asked for examples of island developments referenced by the public. Public hearing was closed. Motion by Mims, seconded by Smith, to continue the Mustang /Padre Island Area Development Plan to November 5, 2003. Motion passed with Richter being absent. Mustang -Padre Island Area Development Plan City Council Public Hearing November 14, 2003 AGENDA REGULAR PLANNING COMMISSION MEETING MINUTES (PRELIMINARY NOT APPROVED) Council Chambers- City Hall Wednesday — November 5, 2003 5:30 P.M. COMMISSIONERS: David Berlanga, Chairman Shirley Mims, Vice Chairman Neill F. Amster Michael Pusley Elizabeth Chu Richter Eloy H. Salazar Richard Smith Bryan Stone Robert Zamora STAFF: Michael N. Gunning, AICP, Assistant Director of Development Services/Director of Planning Lucinda Beal, Recording Secretary Joseph F. Harney, Assistant City Attorney Mark Simon, Special Services Faryce Goode- Macon, City Planner Harry Power, City Planner Bob Payne, AICP, Senior Planner Scott Dunakey, City Planner Mic Raasch, AICP, City Planner Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de es anol a in 1es p g en la Junta para ayudarle. CALL TO ORDER II. PUBLIC HEARING AGENDA ITEMS B. COMPREHENSIVE PLANNING 1. New Area Development Plan Presentation and public input with possible Planning Commission action a. Mustang -Padre Island Area Development Plan Responses to issues raised at the first public hearing, additional public input and action by the Planning Commission. Mr. Payne stated that he modified the plan to include Commission comments received at the October 22, 2003 Planning Commission meeting. Public hearing was opened. Jim Urban asked what the vision of the Commission was with regard to the plan for the Island. He added that Mustang Island needed to be developed as a resort community. Mr. Urban stated that if the Island is zoned as proposed Mixed Use Residential, a project that is proposed would need to be presented to the Planning Commission for approval. In addition, the adjacent property owners would also need to be notified and could impact a development. Mustang -Padre Island Area Development Plan City Council Public Hearing November 14, 2003 Commissioner Amsler stated that he agreed with Mr. Urban's statement. He added that the plan needs to reflect the structure for planning and not zone the property as proposed. Mr. Payne explained that City staff refers to the Future Land Use Plan when considering an application for rezoning. He also explained that the bayside of State Highway 361 is proposed for development at 8 units per gross acre. In other words, if the developer wishes to develop high density then he can if he provides large setbacks. In addition, the proposed density is 40 times the current maximum density allowed on the property. Commissioner Richter suggested a more concentrated development to keep the idea of an Island. Mr. Urban expressed concern regarding the proposed cross- section on State Highway 361. He stated that the Island is a destination area and would not have enough traffic for a six -lane highway. Mr. Urban added that the Transportation Plan could be amended if the cross- section is reduced from 240 feet. Mr. Gunning stated that he and `Angel Escobar, City Engineer, would be meeting with Brian Woods regarding the proposed cross - section. They would be proposing a 200 -foot cross - section. The adopted Transportation Plan illustrates a 240 -foot right -of -way inorder to accommodate the difficulty in providing drainage on Mustang Island. Brooke Sween - McGloin, 3301 San Antonio, stated that ideas presented are worthwhile; however, focus for utilities need to be redirected towards the Downtown area. The Commission discussed the pros and cons of creating architectural controls on Padre Island in regard to Policy Statement B.4. After lengthy discussion, Commissioner Smith moved to amend Policy Statement B.4 as follows and recommend the plan for City Council approval: POLICY STATEMENT B.4 Park Rd. 22 and State Highway 361 (on Padre Island) are hereby designated as "Gateway Corridors." The purpose of designating these corridors is to recognize and protect the cultural, economic and environmental significance of this area. The design elements and allowable architectural themes of these designated corridors will be implemented through the zoning ordinance. Such architectural design themes may include elements found in coastal regions such as Cape Cod, Key West, the Carolinas, the Caribbean, Spain, Mediterranean, South Texas, etc. The purpose of this policy is to help create a "sense of place" and increase the quality of architecture found in the area. Motion by Smith, was seconded by Amsler, to forward a recommendation to City Council for approval of the South Central Area Development Plan as amended. Motion passed with Amsler, Berlanga, Mims, Pusley, Salazar, Smith, Stone, and Zamora voting "Aye" and Richter voting "Nay". Mustang -Padre Island Area Development Plan City Council Public Hearing November 14, 2003 TRANSPORTATION ADVISORY COMMITTEE MINUTES (Meeting of September 22, 2003) Members Present Anthony Alejandro, MAC Karla Bennett, Israel Ybarra, Robbie Foster, David Seiler and Raul Torres, Don Davenport and Grace Marie Gonzales Members Not Present Stuart Sher VII. STAFF RECOMMENDATIONS REQUIRING COMMITTEE REVIEW DRAFT - Mustang -Padre Island Area Development Plan - An Element of the Comprehensive Plan Draft August 27, 2003 - Mr. Bob Payne, Senior City Planner, stated that prior to drafting of the plan Staff met with a number of agencies and stakeholders on the Island. A number of transportation issued emerged from those stake hold meetings. g Some of the transportation recommendations in the draft plan include: • Build in congestion management techniques to Park Road 22 and State Highway 361 as these roads are improved. A key plan recommendation is to provide marginal access roadways adjacent to the main lanes on Park Road 22 and State Highway 361; • Creation of attractive roadways with greater aesthetic treatment both in the right -of -way and on adjacent private property is recommended. • Create better inter modal connectivity for transit and pedestrians on the Island; • Where feasible, elevate intersections with Park Road 22 and State Highway 361 to assure adequate emergency access off the island in time of emergency evacuation. • Improve alignment of Encantada with Park Road 22 across from the entrance to Padre Bali' Park. Motion made by Mr. Seiler, seconded by Mr. Davenport to endorse concept as recommended by Planning Department. Motion passed. Mustang -Padre Island Area Development Plan City Council Public Hearing November 14, 2003 Minutes Regular Meeting Water /Shore Advisory Committee Thursday, October 2, 2003 Members Present: Tom Anderson (Vice Chairman) (1), Alan Dinn, Dr. Oscar Garcia, Dan Leyendecker, Dr. Joanna Mott and Roy Pell (Chairman) Members Absent: Grant Fergeson (1), Steve Moody (1) and Terri Nicolau (1) Staff Present: Margie Rose, Assistant City Manager, David Ondrias, Acting Director of Park & Recreation, Peter M. Davidson, Marina Superintendent, Rene Garza, Marina Field Supervisor and Benita Brunner, Management Aide Padre Island and Mustang Island Development Plan - Bob Payne of the Development Service Department stated that they are seeking the Committee's endorsement of the Development Plan which is used as the guide to decisions regarding recommendation on zoning, platting and capital improvements with - regard to the environment, land use, public services and future development and/or land disturbing activity on the Island. He reported that in keeping to the established timetable, the Planning Commission would receive public input at two public hearings scheduled in October and November. Scott Dunakey, Project Planner, commented the need to: direct develop with environmental (wetlands and dunes protection) sensitivity; create a world renowned tourist resort and residential community; recognize the area's uniqueness; maintain the highest quality of development; create a sense of place (sight -plan review; design standards; etc.); enforce the City's idea of long- term success; focus on pedestrian amenities; increasing landscape requirements; stress access -- management standards; stress creation of and support beach master plan; support economic development; stress adequate coordination with Water District #4; City to seek Dune Protection Authority from County; encourage development of Packery Channel; etc. Discussion followed regarding the need to redo the regression analysis regarding population projections; status of Mustang island Fire Station; the development plan providing input required for considerations with regard to storm drainage and waste treatment; hurricane damage projection not considered in plan. The motion was made by Dr. Garcia, seconded by Mr. Anderson, to endorse the Padre Island and Mustang Island Development Plans as presented with consideration to the population issue. The motion passed unanimously. Mustang -Padre Island Area Development Plan City Council Public Hearing November 14, 2003 PARK AND RECREATION ADVISORY COMMITTEE Regular Meeting October 8, 2003, 5:00 p.m. City Hall -- Basement Training Room 1201 Leopard St., Corpus Christi, TX Members Present Members Absent Staff Present Gloria Aguilar Anne Baker Sandra Billish Clifford Bost Davie Cissna Rome Gregorio Gregory Perkes Maria Ramos Megan Welch Karen Woodard Dorrinda Garza David Ondrias Linda Hodge K Chute Mustang -Padre Island Area Development Plan by Scott Dunakey of the City's Planning Y g Department. Robert Payne and Mic Raasch assisted. (Greg Perkes left at 6:00 pm.) The committee discussed the proposal and expressed the following suggestions. Commodore Cove Park does not need to be enlarged. Instead use the developer's monetary exchange to better develop the existing Commodore Cove Park. A park is needed in the Cape Summer area. Discussion was held about maintenance regarding the sand and sticker burrs. Karen Woodard reported on new grasses being developed and tested on the Port Aransas beach. It was also suggested that the . park areas be developed before they are turned over to the City. Discussion regarding the percent of completeness was held. Maintenance issues and current funding restrictions were also discussed. (Anne Baker left at 6:30 pm.) (Maria Ramos left at 6:42 pm.) Rome Gregorio made a motion to support the Mustang -Padre Island Area Development Plan with the following recommendations: Not to accept any additional park land in the Commodore Cove Park area. Instead, use the developer's monetary exchange to better develop the existing Commodore Cove Park. Add language to cover beach access fees, where applicable, to assist with the cost of beach maintenance. Park areas should be fully developed before rendering them to the City. Davie Cissna seconded. Motion passed. Sandy Billish abstained because she lives on the island and felt there would be a conflict of interest. VI. ADJOURNMENT: Mustang -Padre Island Area Development Plan City Council Public Hearing November 14, 2003 In consideration of the time, Sandy Billish made a motion to table the remaining agenda items. Davie Cissna seconded. Motion passed. The committee decided to have a Special called Meeting on Wednesday, October 15, 2003 to receive the South Central Area Development Plan. All other agenda items will be reviewed at the regular November meeting. Sandy Billish made a motion to adjourn the meeting at 7 :15 p.m. Karen Woodard seconded. The motion passed. AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF CORPUS CHRISTI ( "THE CITY") BY ADOPTING THE MUSTANG -PADRE ISLAND AREA DEVELOPMENT PLAN; DEFINING THE CITY'S COMPREHENSIVE PLAN POLICIES ON MUSTANG AND PADRE ISLAND FOR PROTECTION OF THE ENVIRONMENT, FUTURE LAND USE, TRANSPORTATION, PUBLIC SERVICES, DUNE PROTECTION, BEACH ACCESS, PACKERY CHANNEL AND CAPITAL IMPROVEMENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the adoption of the Mustang -Padre Island Area Development Plan, an element of the Comprehensive Plan of the City � of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 5, 2003, during a meeting of the Planning Commission, and on Tuesday, November 18, 2003, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Mustang -Padre Island Area Development Plan (a part of the Comprehensive Plan of the City of Corpus Christi, Texas), including the City's tY Comprehensive Plan Policies on Mustang and Padre Island for Protection of the Environment, Future Land Use, Transportation, Public Services, Dune Protection, Beach Access, Packery Channel and Capital Improvements, and the Introduction, Policy Statements, Figures, Tables and all other elements and parts of the Mustang- Padre 9 Padre Island P Area Development Plan, are hereby adopted as an integral part of the g Comprehensive Plan to read as shown in Exhibit "A" attached hereto and hereby incorporated by reference. SECTION 2. That to the extent that the amendments made by this Ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this Ordinance. SECTION 3. That the Comprehensive Plan of the City of Corpus Christi, Texas, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remains in full force and effect. SECTION 4. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. H:1LEG -DI R1DoyleD. CurtislMYDOCS120031P &ZORD031Development. Plan1111303DC.OrdAmend. CompPlan. M P lsland.doc SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision hereof shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 5. 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. H:ILEG DI R \DoyleD. Curtis\ MYDOCS120031P& ZO RD031Development .Plan1111303DC.OrdAmend. CompPlan. M P lsland.dac 38 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 13, 2004 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a professional services contract with Mr. Todd A. Hunter for lobbying and governmental relations services. ISSUE AND BACKGROUND: During both the interim period between sessions and the actual legislative sessions themselves, a great many issue arise that could negatively affect the City and its operations. The City of Corpus Christi as well as other large cities in the state maintains a lobbying presence to effectively monitor and attempt to prevent such negative effects. Mr. Todd A. Hunter, who formerly served a number of years as a state representative, has again offered his services in providing lobbying and governmental relations activities for the City as a public service at no cost to the City. Mr. Hunter provided such services to the City during 2001 and 2003 legislative sessions. REQUIRED CITY COUNCIL ACTION: In order to enter into a professional services contract for lobbying and governmental relations services, the contract traditionally has been approved by the City Council. CONCLUSION AND RECOMMENDATION: We recommend that Mr. Hunter's very generous offer to assist the City with his services during the interim and during the next legislative session at no cost to the City be accepted by the City through the approval of the proposed professional services contract that is attached. K. Noe George N oe City Manager PROFESSIONAL SERVICES CONTRACT This Professional Services Contract ( "this Contract ") is made by and between the City of Corpus Christi, a Texas home rule city ( "the City ") and Todd A. Hunter ( "the Consultant "). WHEREAS, many issues are being considered by legislators that could affect the ability of the City to provide for its present and future needs; and WHEREAS, legislative and regulatory measures could thwart or hinder the City's ability to provide effective local government; and WHEREAS, the Consultant is an attorney who specializes in providing lobbying and governmental relations services for clients with State officials and agencies; and WHEREAS, the Consultant has offered his services at no cost to the City as a public service. NOW, THEREFORE, PREMISES CONSIDERED, the City and the Consultant agree as follows: 1. Services: The Consultant will provide lobbying and governmental relation services to the City in defending and promoting the City's interests with the Texas Legislature, the Governor, Lieutenant Governor, and other State officials and agencies, as those interests are defined in the City's legislative program. Such services shall include, but not be limited to, working under and communicating through the City Manager or his designee; developing a strategy for advancing the City's policy interests; communicating the City's policy interests to pertinent State officials at all levels on an ongoing basis; identifying and analyzing all legislative proposals, amendments, and substitutes that may affect the City's interests; communicating to the City regularly about legislation and necessary actions related thereto, including extremely frequent communication during the busiest portions of the 79th Legislative Session; drafting legislative proposals and amendments as may be necessary or desirable to advance City positions; coordinating testimony and communications with State officials by City officials, employees, and others necessary to convey and support City positions; working with groups with common interests to promote the common interests; providing professional advice to the City on the best strategies to achieve the City's goals; conducting legislative negotiations; and providing such other services as necessary to advance and protect the City's interests. 2. Compliance with Laws. The Consultant shall carry out his responsibilities under this contract in a manner consistent with all applicable federal, stale, and local laws. 3. Professional Standards. The Consultant's performance shall conform to the professional standards prevailing in the State of Texas with respect to the scope, quality, due diligence and care for the services of the type to fee provided under this Contract. 4. Independent Contractor. The Consultant agrees that his relationship to the City and is p � work under this Contract is that of an independent contractor and not an employee of . the City. 5. Personal Services /Assignment. It is of the essence of this Contract that Todd Hunter shall primarily personally provide the services to be provided hereunder, other than clerical services and the like, unless otherwise authorized by the City Manager g Consultant may utilize other attorneys in his firm for some of the services hereunder, as appropriate. The services to be provided under this Contract shall not be assigned g without the written consent of the City, in its absolute discretion. 6. Compensation. The City is not obligated to compensate or reimburse Todd p dd Hunter for any services performed under this contract or any expenses incurred by Todd Hunter Y under this contract. 7. Entire Contract. This Contact contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. 8. Written Amendment. This Contract may be amended only by written instrument duly executed on behalf of the City and the Consultant. 9. Notices. All notices required of permitted hereunder shall be in writing and shall be 9 deemed delivered when actually delivered or, if earlier, on the third day following deposit in a United Slates Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other a p rtY at the following address: 1 } For the Consultant: Todd Hunter, Attorney at Law, Hunter & Handel. 555 North Carancahua, Suite 1600, Tower 11, Corpus Christi. Texas 78478; 2) For the City: George K. Noe, City Manager, P.O. Box 9277, Corpus Christi, Texas 78469 -9277; or at such other address as the receiving party may have theretofore prescribed by written notice to the sending party. 10. Third Parties. This Contract shall not bestow any rights upon any third pa rtY , but rather shall bind and benefit the City and Consultant only. 11. Potential Conflicts. During the term of this Contract, the Consultant shall not accept employment for other clients which could be in conflict with the interest of the City. + Should a question of conflict arise, the Consultant shall immediately contact the City Manager for a determination whether representation of another client would create a prohibited conflict. 12. Indemnity. The Consultant shall exonerate and indemnify and hold the City harmless from and against any and all liability, loss, cost, expense, damage, claims or demands on account of injuries, including death, to the Consultant, their employees, or third parties arising out of or resulting in any manner from or occurring in connection with performance of service hereunder by the Consultant. 13. Term. This term of this Contract shall be from January 13, 2004, through July 1, 2005. This Contract may be terminated at any time by either the City or the Consultant. 14. Severability. Should any court of competent jurisdiction ever hold that any provision of this contract or any services to be provided hereunder are invalid, illegal, or unenforceable, such holding shall not render any other provision or services invalid, illegal, or unenforceable, it being the intention of the parties that the other provisions shall remain in full force and effect. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa George K. Noe, City Secretary City Manager APPROVED THIS THE DAY OF , 2004. Mary Kay Fischer City Attorney Todd Hunter