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HomeMy WebLinkAboutAgenda Packet City Council - 07/20/2004CITY COUNCIL AGENDA JULY 20, 2004 Corpus Ch risti AiI-AmedcaCity 11:45 a.m. Proclamation declaring July 24, 2004 as 'Feda de las Flores Day' Certificate of Commendation for Intemational West Side Ali-Slam Swearing-in ceremony o[ newly appointed Board, Commission and Committee members AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD JULY 20, 2004 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY' COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of ~he audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meetfng, whichever is eadier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a peEtion or other information pertaining to your subject, please present it to the Ci~ Secretary. SI Usted desea dldglrse al Concitio y cree que su ingl~s es limitado, habr~ un interprets ingl~s-espa~ol en todas las juntas del Concillo para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so thai appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Pastor Billy Storms, Ph.D., Covenant 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 Javier Colmenero Council Members: Brent Chesney Melody Cooper Henry Garrett Bill Kelly Rex Kinnison Jesse Noyola Mark Scott City Manager George K. Noe City Attomey Mary Kay Fischer City Secretary Armando Chapa E. MINUTES: 1. Approval of Regular Meeting of July 13, 2004. (Attachment # 1) Agenda Regular Council Meeting July 20,2004 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items ara listed as motions, rasolutions, or ordinances. If deemed appropfiate, 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 raconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas ara incorporated herain for raconsideration and action on any raconsidered item. H= CONSENT AGENDA Notice to the Public The following items are of a ra[Ydne 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 lndiv~dual consideration in its normal sequence after the items not raquidng separate discussion have been acted upon. The ramaining items will be adopted by one vote. CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (A! this point the Council will vote on st motions, resolutions and onYinances not removed for IndMdual consideration) Motion approving the purchase of one (1) boat, motor and trailer from Ronnie's Madne, Aransas Pass, Texas in accordance with Bid Invitation No. B1-0090-04 based on best bid for a total amount of $30,671. The boat will be used by the members of the Police Department Dive Team for search and recovery operations. Funds are available from the 2003 Law Enforcement Block Grant. This item is a replacement unit. (Attachment # 2) Motion approving a supply agreement with Mesa Products, Inc., of Houston, Texas for approximately 805 magnesium anodes in accordance with Bid Invitation No. B1-0097-04, based on Iow bid meeting specifications, for an estimated annual expenditure of CITY COUNCIL PRIORITY ISSUES (Refer to legend at ~'te e~l o~ ~e agenda sumrna~) Agenda Regular Council Meeting July 20, 2004 Page 3 $97,899.50, of which $8,158.29 is budgeted in F-Y2003-2000. The term of the contract will be twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager or his designee. Funds have been budget by the Gas Department in FY2003-2004 and are requested in F'Y2004-2005. (Attachment #3) Motion approving the purchase of three heavy trucks and two pickups from Crosstown Ford Truck Center, Corpus Chdsti, Texas based on only bid and Iow bid in accordance with Bid Invitation No. B1-0101-04 for a total amount of $184,312. Three units are replacements and two are additions to the fleet. Funding is available in the Gas Department Operations Budget and Neighborhood Services Operations Budget. (Attachment # 4) 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- 00-4 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $109,360.64. 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 Govemments, the suppliers and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY2003-2000. (Attachment # 5) Ben E. Keith LaBatt Food Service PFG San Antonio, TX Corpus Christi. TX Victoria, Tx 56 Items 96 Items 83 ttems $27,562.28 $41,039.63 $40,758.72 Grand Total: $109,360.64 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $91,999 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the FY2004 Local Law Enforcement Block Grants Program to purchase law enforcement equipment for the Police Department; with a City match of $10,222 in the No. 1061 Fund, for total project cost of $102,221. (Attachment # 6) CITY COUNCIL PRIORITY ISSUES (Re far to legend at ~,e e~:l of ~e age~ summai3') Agenda Regular Council Meeting July 20, 2004 Page 4 .8. 10.a. 10.b. Resolution authorizing the City Manager or his designee to negotiate an amendment to the Antonio E. Garcia Arts Education Center Lease with South Texas Institute for the Arts to allow Texas A & M University - Corpus Chdsld to expand the Antonio E. Garcia Arts Education Center to house the University's ESCUELA Program in the event funding becomes available to the University. (Attachment # 7) Resolution authorizing the City Manager or his designee to accept an amendment for a grant increase in the amount of $13,273 to grant contract No. 771-04040 with the Texas State Library and Archives Commission, and to continue operations of the Intedibrary Loan Center. (Attachment # 8) Ordinance appropriating a grant of $13,273 in an amendment to contract No. 771-04040 from the Texas State Library and Archives Commission in the No. 1068 Library Grants Fund to continue operations of the Intedibrary Loan Center. (Attachment #8) Resolution authorizing the City Manageror his designee to accept a Clean C~ties Grant from the State Energy Conservation Office in the amount of $25,000 for development of a Clean Cities Program and related services. (Attachment # 9) Ordinance appropriating $25,000 from the State Energy Conservation Office in the No. 1071 Community Enrichment Grants Fund for development of a Clean Cities Program and related services. Attachment# 9) Resolution authorizing the City Manager or his designee to accept a grant from the Texas Department of Health in the amount of $22,500 for laboratory analysis of bay water samples. (Attachment # 10) Ordinance appropriating a grant in the amount of $22,500 in the No_ 1066 Health Grant Fund from the Texas Department of Health for laboratory analysis of bay water samples. (Attachment # 10) CITY COUNCIL PRIORITY ISSUES (Re[er to legend at bhe end O' the age~:la summary) Agenda Regular Council Meeting July 20, 2004 Page 5 11.a_ 11.b. 12.a. 12.b. 13. 14. 15. 16. Resolution authorizing the City Manager or his designee to accept a grant from the Texas Department of Health in the amount of $62,915 for family health and family planning services. (Attachment # 11 ) Ordinance appropriating a grant in the amount of $62,915 in the No. 1066 Health Grant Fund from the Texas Department of Health for family health and family planning services. (Attachment # 11) Resolution authorizing the City Manager or his designee to accept a grant from the Texas Department of Health in the amount of $149,797 for tuberculosis prevention and control services. (Attachment # 12) Ordinance appropriating a grant in the amount of $149,797 in the No. 1066 Health Grant Fund from the Texas Department of Health for tuberculosis prevention and control services. (Attachment # 12) Ordinance appropriating $12,528 from a Texas Commission on Environmental Quality pre-approved expenditure grant in the No. 1062 Fire Grant Fund to provide funding for groundwater cleanup activities at Fire Station No. 10 by increasing appropriations by $12,528. (Attachment # 13) Motion authorizing the City Manager or his designee to execute a construction contract with D & R Sales Company, Inc. of Corpus Chdsti, Texas in the amount of $39,903 for the Wastewater Collection Facility Maintenance Building No. 5 Roof Modifications. (Attachment # 14) Mo'don authorizing the City Manager or his designee to execute a construction contract with King Isles, Inc. of Corpus Chdsti, Texas, Texas in the amount of $234,657 for the new Oak Park Elementary School (Solomon Codes Elementary School) Utility Improvement. (Attachment # 15) Motion authorizing the City Manager or his designee to execute Amendment No. 11 to the Contract for Professional Services with LNV Engineering Inc. of Corpus Chdsti, Texas for a total fee of CITY COUNCIL PRIORITY ISSUES (Rei~' to legend at ~le end o~ agenda surreal) Agenda Regular Council Meeting July 20,2004 Page 6 17. 18. 19. 20. $438,250, for a total re-stated contract fee of $2,638,594, for the O.N. Stevens Water Treatment Plant Wash Water System Project: (Attachment # 16) Padre Island Pump Station Pumping Capacity Phase 2 - Filter Drain, Yard Piping, Wash Water Filter to Waste Phase 3 - Elevated Water Storage Tank Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the Contract for Professional Services with Goldston Engineering, Inc. of Corpus Chdsti, Texas in the amount of $142,900, for the total re-stated fee of $867,770, for the Laguna Madre Service Area Collection System Rehabilitation_ (Attachment # 17) Motion authorizing the City Manager or his designee to execute Ratification of Amendment No. 1 to the Contract for Professional Services with URS Corporation of Houston, Texas in the amount of $15,239.20, for a total re-stated fee of $40,161.64, for the Packery Channel Boat Ramp Project. (Attachment # 18) Resolution authorizing the City Manager or his designee to increase the escrow amount of the Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) in the estimated amount of $47,601.13 for construction of barrier free ramps and sidewalks at selected street locations associated with the SidewalkAccessibility Improvements project. (Attachment # 19) Motion authorizing the City Manager or his designee to execute an annual joint funding agreement with the United States Geological Survey (USGS), U.S. Department of the Interior, for the continuation of surface water data collection and limited studies by the USGS for the City's water supply activity; and providing for the City to pay the USGS the amount of $188,425, out of a total project cost of $247,200 during the federal fiscal year October 1,2004 through September 30, 2005. (Attachment # 20) CITY COUNCIL PRIORITY ISSUES (Re~ k~ legend at Ihe end of th~ agenda summa~,) Agenda Regular Council Meeting July 20,2004 Page 7 21.a. 21 .b. 22.a. 22.b. 23.a. 23.b. Ordinance abandoning and vacating a 3,291-square foot portion of a 10-foot wide utility easement in Lot 10R, Block 1, Moore Plaza; requiring the owner, Home Depot U.S.A., Inc., to comply with the specified conditions. (Attachment # 21) Ordinance abandoning and vacating a 3,291-square foot portion of a lO-foot wide utility easement in Lot 18, Block 1, Moore Plaza; requiring the owner, Home Depot U.S.A., Inc., to comply with the specified conditions. (Attachment # 21) Ordinance appropriating $16,958.07 from The Fellowship of Oso Creek Church, Lot 14, Section 25, Flour Bluff and Encinal Farm and Garden Tract developer's contribution to Drainage Channel No. 31 in the No. 4730 Infrastructure Fund; amending Ordinance No. 024130, which appropriated the Trust Funds, by adding $16,958.07 to the No. 4730 Infrastructure Fund. (Attachment # 22) Motion approving payment of $16,958.07 developer's contribution from The Fellowship of Oso Creek Church, Lot 14, Section 25, Flour Bluff and Encinal Farm and Garden Tract from the No. 4730 Infrastructure Fund to Mark Bratton Estate (Trustee) for disbursement to the appropriate Funding Owners, in accordance with the Offsite Drainage Development Contract, Master Plan Drainage Channel No. 31, between the City of Corpus Chdsti and Trustee. (Attachment # 22) Ordinance appropriating $2,171.07 from Yorktown Mini Storage developer's contribution to Drainage Channel No. 31 in the No. 4730 Infrastructure Fund; amending Ordinance No. 024130, which appropriated the Trust Funds, by adding $2,171.07 to the No. 4730 Infrastructure Fund. (Attachment # 23) Motion approving payment of $2,171.07 developer's contribution from Yorktown Mini Storage from the No. 4730 Infrastructure Fund to Mark Bratton Estate (Trustee) for disbursement to the appropriate Funding Owners, in accordance with the Offsite Drainage Development Contract, Master Plan Drainage Channel No. 31, between the City of Corpus Chdsti and Trustee. (Attachment # 23) CITY COUNCIL PRIORITY ISSUES (Refer I~ legend at ~e e~d of I~e age~da summary) Agenda Regular Council Meeting July 20,2004 Page 8 24.a. 24.b. 25.a. 25.b. 26. 27. Ordinance appropriating $34,809.71 Eom Yorktown Crossing Unit 3 developer's contribution to Drainage Channel No. 31 in the No. 4730 Infrastructure Fund; amending Ordinance No. 024130, which appropriated the Trust Funds, by adding $34,809.71 to the No. 4730 Infrastructure Fund. (Attachment # 24) Motion approving payment of $34,809.71 developer's contribution from Yorktown Crossing Unit 3 from the No. 4730 Infrastructure Fund to Mark Bratton Estate (Trustee) for disbumement to the appropriate Funding Owners, in accordance with the Offsite Drainage Development Contract, Master Plan Drainage Channel No. 31, between the City of Corpus Chdsti and Trustee. (Attachment # 24 Ordinance authorizing the City Manager or his designee to execute an Aidine Use and Lease Agreement with Amedcan Eagle Airlines, Inc., Atlantic Southeast Airlines, Inc_, Expressjet Airlines, Inc_, and Southwest Aidines Company for use of space at Corpus Chdsti International Airport in consideration of payment of fees that total approximately $5.94 per enplaned passenger and are adjusted annually based on a fixed formula, for a term of up to twelve months. (Attachment # 25) First Reading Ordinance - Authorizing the City Manager or his designee to execute an Aidine Use and Lease Agreement with Amedcan Eagle Airlines, Inc., Atlantic Southeast Airlines, Inc., Expressjet Airlines, Inc., and Southwest Aidines Company for use of space at Corpus Christi International Airport in consideration of payment of fees that total approximately $5.94 per enplaned passenger and are adjusted annually based on a fixed formula, for a term expidng July 31,2008. (Attachment # 25) Ordinance appropriating $688,472 in Airport Operating Fund 4610; transferring $688,472 into the Airport Capital Reserve Fund 4611 for Airport Capital Projects and Capital Expenditures; amending FY2003-2004 Operating Budget adopted by Ordinance No. 025394 to increase appropriations by $688,472. Attachment # 26) Ordinance appropriating $36,993.96 in interest earnings from the Unreserved Fund Balance in Fund 3170, Computer System 1998 ClP Fund (CO) and $1,154.19 from current year interest eamings CITY COUNCIL PRIORITY ISSUES (Reft- b3 lege~l at ~e e~:l o~ b'~ agenda summary) Agenda Regular Council Meeting July 20,2004 Page 9 28. 29.a. 29.b. 30.a. in Fund 3170, Computer System 1998 ClP (CO) for PeopleSoft- Financials computer training; amending FY2003-2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $38,148.15. (Attachment # 27) Second Reading Ordinance - Amending the Code of Ordinances by revising Section 39-303, Standard Classifications, Pay Plans, Pay Grades, and Ranges, as amended; revising Section 39-304, Classified Service Defined, to add Pay Plan 1000; revising Section 39-309, Employee Coverage under the City's Pdmary Group Hospitalization Program for eligible employees; repealing all other ordinances, and rules, or parts of ordinances, and rules, in conflict with this ordinance. (First Reading - 7/13/04) (Attachment # 28) PUBLIC HEARINGS: BAYFRONT PLAN: Public Headng to consider amending the Comprehensive Plan of the City of Corpus Chdsti by amending the South Central Area Development Plan to include the Bayfront Master Plan; amending related elements of the Comprehensive Plan including the Urban Transportation Plan_ (Attachment # 29) First Reading Ordinance - Amending the Comprehensive Plan of the City of Corpus Chdsti (the City)by amending the South Central Area Development Plan to include the Bayfront Master Plan; amending related elements of the Comprehensive Plan including the Urban Transportation Plan. (Attachment # 29) ABANDONING AND VACATING: Public headng to consider abandoning and vacating a 7,000- square foot portion (50-foot wide x 140-foot long) of the Teresa Street public dght of way, extending 100 linear feet west of Evelyn Street out of the Sunflower Addition No. 2 Subdivision. (Attachment # 30) CITY COUNCIL PRIORITY ISSUES (Re~er b3 ~end at the end oHhe age~da summary) Agenda Regular Council Meeting July 20, 2004 Page 10 30.b. 31. 32. Ordinance abandoning and vacating a 7,000-square foot portion of the Teresa Street public right-of-way, between Evelyn Street and a dead-end, out of the Sunflower Addition No. 2 Subdivision; subject to compliance with the specified conditions. (Attachment # 30) ZONING CASES: Case No. 0504-06, Paul Lisec: A change of zoning from a "F-R" Farm-Rural District to a "RE" Residential Estate District. The property is 1.621 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 51, Lot 17, located south of Yorktown Boulevard and 250 feet east of Flour Bluff Ddve. (Attachment # 31) Planning Commission and Staff's Recommendation: Approval of the "RE" Residential Estate District. ORDINANCE Amending the Zoning Ordinance upon application by Paul Lisec by changing the zoning map in reference to 1.621 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 51, Lot 17, from "F-R" Farm-Rural District to "RE' Residential Estate District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 0604-03. Virginia Hills Development, L.L.C.: A change of zoning from a "F-R" Farm-Rural Distdct to a "R-1 B" One-family Dwelling District. The property is 12.022 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 26, Lots 6 and 7, located south of Oso Parkway and Quebec Drive intersection. (Attachment # 32) Planning Commission and Staff's Recommendation: Approval of the "R-lB" One-family Dwelling District. ORDINANCE Amending the Zoning Ordinance upon application byVirginia Hills Development, LLC by changing the zoning map in reference to 12.022 acres out of Flour Bluff and Encinal Farm and Garden CITY COUNCIL PRIORITY ISSUES (Re,'er lo legend aL Ihe end o~ ~e age~da summary) Agenda Regular Council Meeting July 20,2004 Page 11 Tracts, Section 26, Lots 6 and 7, from "F-R" Farm-Rural Distdct to "R-lB" One-family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. PRESENTATIONS: Public comment will not be solicited on Presentation items. Downtown Management District Annual Update (No Attachment) Review of 2004 Bond Issue Revised Package (Attachment # 34) CITY COUNCIL PRIORITY ISSUES (Rear to legend a[ the end o~ agenda summa~) K= REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS. AND ORDINANCES: 35.a. Ordinance appropriating $2,571,778.26 from unappropriated interest earnings from Wastewater 1994A CIP Fund 4240 (SRF Funds) for the Allison Wastewater Treatment Plant Rehabilitation and Other Improvements Project; amending FY2004 Capital Budget adopted by Ordinance 025647 by increasing appropriations by $2,571,778.26. (Attachment # 35) 35.b. Motion authorizing the City Manager or his designee to execute construction contract with R.S. Black Civil Contractors, Inc./Machinery & Materials, Inc., a Joint Venture, of Corpus Christi, Texas in the amount of $2,503,447 for the Allison Wastewater Treatment Plant Rehabilitation and Other Improvements. (Attachment # 35) (RECESS REGULAR COUNCIL MEETING) L. MEETING OF CITY CORPORATION: 36. CORPUS CHRISTI COMMUNITY CORPORATION: (Attachment# 36) IMPROVEMENT Agenda Regular Council Meeting July 20,2004 Page 12 AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION REGULAR MEETING DATE: Tuesday, July 20, 2004 TIME: Dudng the meeting of the City Council beginning at 10:00 a.m. PLACE: City Council Chambers 1201 Leopard St. Corpus Chdsti, TX 78401 1. President Rex Kinnison calls meeting to order. 2. Secretary Armando Chapa calls roll. Board o[ Directors Rex A. K]nnlson, President Javler Colmenero, Vice President Brent Chesney Melody Cooper Henry Garrett Bill Kelly Mark Scott Jesse Noyola Samue{ L. Neal, Jr. George K. Noe, General Manager An'nande Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Bden. Traasurar Constarme P. Sanchez, AssL Treasurer 3. Approval of Minutes of June 22, 2004 4. Financial Report Consideration of funding from HOME Program in the amount of $67,320 for installation of hard wire smoke detectors at the TG303, Inc. AKA Casa de Mar~ana Apartments, 4702 Old Brownsville Road. 6. Public Comment 7. Adjournment. (RECONVENE REGULAR COUNCIL MEETING) CITY COUNCIL PRIORITY ISSUES (Re[er [o legend at bhe end c~ agenda summa'y) Agenda Regular Council Meeting July 20, 2004 Page 13 37. PUBLIC COMMENT FROM THE AUDIENCE ON MATrERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOUPLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORMAT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address, ff you have a peri,on or other Information pertaining to your subject, please present it to the Ci~ Secretary.) Si usted se dirige a la junta y cree qua su ingl~s es limitado, habr~ un intdrprete ingkJs-espa/~ol en la reunidm de la junta para ayudarfe. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, $TAFF 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. 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 authodzed 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 authorfzing the executive session will be publicly announced by the presiding olTice. Executive session under Texas Govemment Code Section 551.074 for deliberations regarding the duties of Municipal Court Judges and the appointment of ~11 time and/or part time municipal court judges with possible discussion action related thereto in open session. CITY COUNCIL PRIORITY ISSUES (Refer to legencl at the e~l ~ the agenda summary) Agenda Regular Council Meeting July 20,2004 Page14 38. Executive session under Texas Government Code Section 551.071 regarding potential claims against the City's former third party administrator, former stop loss carder and the stop loss carder's administrator with possible discussion and action related thereto in open session_ REPORTS: The following reports include questions by Council to Staff regarding City policies or activi~es; 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. 39. CITY MANAGER'S REPORT 40. 41. P. NOTE: * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the C~ty's official bulle[in board at the front entrance to City Hell, 1201 Leopard Stree[, at 2:00 p.m., JuN 16 .2004. Armando Chapa ~ City Secretary 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. CITY COUNCIL PRIORITY ISSUES (Rear ~) legend at ~e end oHhe agenda summary) 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 13, 2004 - 10:03 a.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Javier Colmenero Council Members: Brent Chesney Melody Cooper Henry Garrett Bill Kelly Rex Kinnison Jesse Noyola Mark Scott City Staff: City Manager George K_ Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall_ The invocation was delivered by Reverend Charles Graft of St. Luke's United Methodist Church, and the Pledge of Allegiance to the United States flag was led by Council Member Kinnison. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of June 29, 2004. A motion was made and passed to approve the minutes as presented. Mayor Neal called for a recess of the regular Council meeting to hold the North Padre Island Corporation Meeting. The Council returned from recess, and Mayor Neal opened discussion on Item 21 regarding the issuance of bonds by the North Padre Island Development Corporation_ There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21. RESOLUTION NO. 025823 Resolution approving the resolution by the North Padre Island Development Corporation authorizing the issuance of Series 2004 Bonds in an aggregate principal amount not to exceed $4,500,000. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Kinnison, Noyola and Scott, voting "Aye"; Garrett and Kelly abstained. Mayor Neal opened discussion on Item 22 regarding the issuance and sale of utility system revenue bonds to finance major utility system improvement projects. City Secretary Chapa noted that staffwas requesting to amend the ordinance in Item 22a to reflect a change in the date listed under Section 2, Sale of Bonds, from Friday, September 3, 2004 to Thursday, September 30, 2004. Director of Finance Cindy O'Brien reported that the city currently had $25 million outstanding in Minutes - Regular Council Meeting July 13, 2004 - Page 2 commercial paper notes that staffwould like to refund and convert into long-term debt. In addition, Ms. O'Brien stated that since interest rates were relatively low, staff`was requesting approval to issue up to $25 million for new projects instead of re-investing the dollars in the commercial paper program_ Mayor Neal asked what the current interest rate was on the short-term commercial paper program staffwas asking to replace. Assistant City Manager Mark McDaniel replied that it was just under two percent, and the city was expected to sell the notes for five percent. Mayor Neal asked for public comment. Mr. Abel Alonzo asked what the potential savings would be to act on this item now because of low interest rotes_ Ms. O'Brien replied that by issuing the additional $25 million now, the city would save on its bend issue costs by combining the two issues. She said the potential savings could be approximately $200,000 to $300,000. Mr. Bill Kopecky, 3609 Topeka, asked what the total utility system debt would be upon completion of this transaction. Mr. Mark Seale of M.E. Allison replied that the debt would be approximately $310 million upon completion of the transaction. Mayor Neal made a motion to amend Item 22a as requested by staff`, seconded by Mr. Kinnison, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: 22_a. ORDINANCE NO. 025824 Ordinance authorizing the issuance and sale of City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series 2004, m an aggregate principal amount not to exceed $50,000,000. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Neal, Chesney, Colmenero, Cooper, Garreth Kelly, Kinnison, Noyola and Scott, voting "Aye". 22.b. MOTION NO, 2004-257 Motion authorizing the appointment ofM. E Allison as Financial Advisor; Morgan Stanley as Senior Manager;, Wells Fargo Brokerage Services as Co-Manager and McCall, Parkhurst, and Horton as Bond Counsel, for City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2004. 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 referred to Item 3 and the following board appointments were made: Minutes - Regular Council Meeting July 13, 2004 - Page 3 Cable Communications Commission Sylvia Dancer (Reappointed) C. C. Business and Job Development Corporation Dr. Rosie Bonilla (Reappointed) Robert Broadway (Reappointed) Michael Bertuzzi (Appointed) Planning Commission Richard B. Smith (Reappointed) Michael Pusley (Reappointed) Fred Braselton (Appointed) Food Service Advisory Committee Beverly A. Rogers (Appointed) Intergovernmental Commission on Drug and Alcohol Abuse Jean Newberry (Reappointed) John Marez (Appointed) Judith Sutherland (Appointed) Mayor Neal called for consideration of the consent agenda (Items 4-11). Mr_ Carlos Torres requested that Item 7 be discussed. There were no comments from the audience. A motion was made and passed to approve Items 4 through 11, constituting the consent agenda, except for Item 7, which was pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2004-252 Motion authorizing the City Manager or his designee to execute a construction contract with Haeber Roofing, of Corpus Christi, Texas in the amount of $43,410 for the Kinney Street and Power Street Pump Stations Roof Replacement. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Gm'rea, Kelly, Kinnison, Noyola and Scott, voting "Aye". 5. MOTION NO. 2004-253 Motion authorizing the City Manager or his designee to execute a construction contract with Excel Pump & Machine, of Corpus Christi, Texas in the amount of $94,080 for the Power Street Storm Water Pump Station Rebuild Pump No. 2. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting July 13, 2004 - Page 4 6.a. ORDINANCE NO. 025813 Ordinance appropriating $51,734 from the unappropriated fund balance in Marina Fund No. 4700 for the Marina Boater's Facility Lawrence Street T-Head project; amending Operational Budget adopted by Ordinance 025394 by increasing appropriations by $51,734. 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". 6.b. MOTION NO. 2004-254 Motion authorizing the City Manager or his designee to execute a construction contract with Camrett Corporation, of Corpus Christi, Texas in the amount of $438,882 for the Marina Boater's Facility Lawrence Street T-Head_ The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". MOTION NO. 2004-256 Motion authorizing the City Manager or his designee to grant a permit to Walter Oil and Gas Corporation, of Houston, Texas to drill an oil and gas well at an exceptional location, approximately six (6) miles easterly of the marina area in Corpus Christi Bay, State Tract 64, Well No. 1. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". RESOLUTION NO. 025814 Resolution approving the City of Corpus Christi, Texas, Business and Job Development Corporations's Budget for Fiscal Year 2004-2005. 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 July 13, 2004 - Page 5 10. ORDINANCE NO. 025815 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with Wilson Plaza Associates, LP, for the right to construct, maintain and remove a raised concrete entrance ramp with handrail approximately 5'-0" in width x 14'-0" in length x 3'-0" in height, within a City public right-of-way (sidewalk area) in the 600 block of Leopard Sla'eet; in consideration of payment of $250; and requiring the Wilson Pla:,a Associates, LP to comply with the specified conditions_ 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". 11. ORDINANCE NO. 025816 Ordinance revising Sections 49-12 and 49-13, Code of Ordinances, eliminating the requirement for a replat upon closure or alteration of a street or an easement. 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". Mayor Neal opened discussion on Item 7 regarding a contract for an efficiency review of the Fire and EMS departments. Mr_ Carlos Torres, president of the Corpus Christi Firefighters Association, expressed his concern that the city's RFI had not requested a comprehensive study_ He asked that the study include the management division, training division, administration, and dispatching division of the fire department to provide a complete picture. He said he was informed this morning that one of the reasons the city was not requesting a comprehensive report was due to budget constraints. Mr. Torres stated that a comprehensive review of the f~re, EMS, HAZMAT, and rescue operations was well worth the expense. As an aside, Mr. Kinnison complimented the f~re department on their performance during the recent fire at the Casa de Oro Apartments. Mr. Abel Alonzo echoed Mr. Torres's statement, specifically citing concerns with overtime and lack ora fire truck_ City Manager Noe replied that the report was not comprehensive, focusing on primary operating functions only because of cost constraints. He said a comprehensive study would cost $164,000, while the partial study would cost approximately $80,000. He stated, however, that the city would have the opportunity to add increments of work to the study as funding became available in the fiscal year. Mr. Noe said the partial study was still valuable because it would provide solid recommendations in those areas with the greatest costs. Mr. Noyola spoke in support of funding a comprehensive study of the ftre department because it was greatly needed. He asked staff to investigate ways of funding of a full study. City Manager Noe replied that staffwould have recommended a full study if there had been a funding available. He asked the Council to approve this partial study, and as the study moved forward, staff would look for opportunities in next year's budget to fund more increments of the study. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting July 13, 2004 - Page 6 MOTION NO. 2004-255 Motion authorizing the City Manager or his designee to execute a contract with TriData Corporation, of Arlington, Virginia in the amount of $79,316 to conduct a Fire/Emergency Medical Services Deployment and Efficiency Review of the Corpus Christi Fire Department, m accordance with the scope of work as defined within the Request for Information distributed by the City. The foregoing motion was passed and approved with the follow/ng vote: Neal, Chesney, Colmenero, Cooper, Garreth Kelly, Kinnison, and Scott, voting "Aye"; Noyola voting "No". Mayor Neal referred to the presentations on the day's agenda_ The first presentation was on Dances with Dolphins, a public art project. Ms. Suzel Mendieta, co-chairman of the project, stated that the project's mission statement was to involve the community in a project for downtown that will celebrate the many aspects of this community's varied cultural environments through a public art project_ She said the dolphins would be located in public right-of-ways and private property in the downtown area_ An estimated 2540 dolphins would be distributed throughout the downtown area from July 2004 to May 2005. In May 2005, a public auction would be held. She said half the proceeds would be donated to non-profit organizations and charities in the community, and the other half would go to Art for All, Incorporated to cover their expenses. She said any momes remaining would be donated to an art-related charity of their choice. Ms_ Mendieta provided information on the artists. She said a call to artists was extended from September through November, 2003, including both local and state artists. The artists submitted their designs, the proposals were reviewed, and then selected through a juded process. She said potential sponsors could review over 100 designs and make a selection. The artists would be notified when their dolphin proposal had been chosen by a sponsor. She said each artist would receive a $1,000 honorarium. A plaque would be permanently affixed to the dolphin base with the sponsor's name and the name of the artist who designed the dolphin. The sponsorships were $3,000 per dolphin. Ms. Mendieta provided basic information on the dolphin designs. She said they were approximately seven feet long and are constructed of fiberglass. She said they would be mounted on metal poles standing approximately six to seven feet tall. In addition, she said they would be mounted in one of two different positions depending on the artist's preference. Ms. Mendieta displayed a number of photo depicting where various dolphin designs would be located in the downtown area, along with artist and sponsor information. Finally, Ms_ Mendieta thanked a number of their in-kind sponsors for their support, especially the Downtown Management District. In conclusion, Ms. Mendieta inla'oduced Ms. Monika De La Garza, who invited the Council to attend a public unveiling ceremony of the first eight dancing dolphin statues on Sunday, July 18 at 3:00 p_m. in Sherrill Park. Minutes - Regular Council Meeting July 13, 2004 - Page 7 The next presentation was a report on the "Make It Sparkle" anti-litter campaign. Director of Public Information Cheryl Soward stated that City Manager Noe had appointed a task force comprised of representatives from approximately 12 different departments to develop the anti- littering campaign. She first reported on the city's current efforts to control litter, which were quite substantial. Solid waste services provided the following services: garbage/yard waste pick-up and disposal; heavy brush pick-up/disposal; recycling pick-up and drop-off; bulky item pick-up and disposal; quarterly Cash for Trash programs; household hazardous waste events; and tire collection and disposal. The storm water department was cleaning 18,320 storm drain inlets, 115 miles of major drainage ditches, and 668 miles of minor roadside ditches. In addition, storm water had an active outreach and education program already established in area schools, the perfect vehicle for reaching students. The park and recreation department ensured that litter was removed daily from eight miles of beach, and that city parks were cleaned and mowed. The Neighborhood Initiative Program (NIP) had collected over 600 tons of trash and debris from selected areas. Environmental services worked with Beautify Corpus Christi to conduct ongoing cleanup campaigns, education, outreach, and tree plantings. Code enforcement and the police department have strengthened their efforts in citing violators. Finally, the legal and municipal court departments have joined forces to create stronger ordinances and an environmental court to prosecute violators_ Ms_ Soward discussed the task force's proposed solution to further improve the city's appearance. The task force determined that a combination of education and enforcement was vital to the effort. In addition, they recognized the need to stop litter at the source, and would be asking for help fi.om residents, businesses, schools, organizations, and the media_ She remarked that H-E-B has committed to increasing their trash pick-up at their stores from once to twice a day. Ms. Soward covered the different aspects of the media campaign. She said the Corpus Christ~ Caller-Times had produced an ad that was now running in the paper. The city had also distributed thousands of "Make It Sparkle" vehicle trash bags, replete with anti-littering tips printed on the bag, at the Fourth of July Big Bang celebration_ In addition, Lamar Advertising had donated billboard advertising in various locations in the city featuring the "Make It Sparkle" message. Finally, Ms. Soward stated that the city has produced four television public service announcements (PSA) and three radio PSAs, and she played them for the Council. Ms_ Soward discussed the task force's methods for measuring success as follows: number of inlets cleaned and amount of litter removed; number of citations written; reach of media campaign; visits to "Sparkle" site at www.cctexas.com: and the overall appearance of specific locations in the city. Mr. Scott asked if it would be possible to send information on the campaign to commercial utility accounts. He was especially concerned about problems with grass clippings in the storm drains_ City Manager Noe replied affirmatively, adding that landscaping companies were also a source for the grass clippings. Mr. Noyola asked that staff also speak with TxDOT about being careful with their grass clippings. Mr. Scott also recognized H-E-B and the Caller-Times for their support of the anti-littering effort, as well as staff. Finally, he emphasized that enforcement was crucial to the success of the Minutes - Regular Council Meeting July 13, 2004 - Page 8 effort. Mr. Colmenero complimented the effectiveness of the Neighborhood Initiative Program (NIP), and he asked staffto further publicize their accomplishments. Ms. Soward replied that the Council would be receiving a complete report on the NIP's accomplishments in two weeks. Mayor Neal referred to Item 14, and a motion was made, seconded and passed to open the public heating on the following zoning case: Case No. 0504-03, Lawrence Hurt: A change of zoning fi-om a "R-lB" One-family Dwelling District to an "AB" Professional Office District. The property is in Rolling Acres, Lot 16, located along Leopard Street and 475 feet east of Rolling Acres Drive_ City Secretary Chapa said the Planning Commission and staff recommended the approval of an "AB" Professional Office District. No one appeared in opposition to the zoning change. Mr. Garrett made a motion to close the public heanng, seconded by Mr. Kinnison, and passed. Mr. Chapa polled the Council for their votes as follows: 14. ORDINANCE NO. 025817 Amending the Zoning Ordinance, upon application by Lawrence Hurt by changing the zoning map in reference to Rolling Acres, Lot 16, fi-om "R-lB" One-family Dwelling District to "AB" Professional Office District; amending the Comprehensive Plan to account for any deviations fi-om the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent. Mayor Neal referred to Item 15, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0504-04, Asset Development Corporation: A change of zoning from a "R-lB" One-family Dwelling District to a "R-lB" One-family Dwelling District with a "PUD-2" Planned Unit Development-2. The property is in Commodore's Cove Unit 2, Block l, Lots 94 through 105, and all of Blocks 5, 6, 7, and 8, located along the east side of Aquarius Street, north of Topsail Street. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "R-lB" one-family Dwelling District with a "PUD-2" Planned Unit Development-2 subject to approved plat and eleven (11 ) conditions. Minutes - Regular Council Meeting July 13, 2004 - Page 9 No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Kinnison, and passed. Mr. Chapa polled the Council for their votes as follows: 15. ORDINANCE NO. 025818 Amending the Zoning Ordinance, upon application by Asset Development Corporation, by changing the zoning map in reference to Lots 94 through 105, Block 1, and all of Blocks 5, 6, 7, and 8, Commodore's Cove Unit 2, (currently zoned "R-lB" One-family Dwelling District) by granting a Planned Unit Development 2 (PUD-2) subject to the approved plat, the "Design Guide for Planning and Architecture" and eleven (11 ) 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, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmencro were absent. Mayor Neal referred to Item 16, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0504-05, Skip Butler (Butler Rental): A change of zoning from a "B-4" General Business District to an "I-2" Light Industrial District. The property is 1_024 acres out of West River Place Unit 1, Block 3, Lot 8, located west of Farm-to-Market Road 1889 and 300 feet south of Northwest Boulevard. City Secretary Chapa said the Planning Commission and staffrecomanended the denial of the "I-2" Light Industrial District, and in lieu thereof, approval of a Special Permit for an equipment rental facility with outside storage subject to three (3) conditions. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Colmencro, and passed. Mr. Chapa polled the Council for their votes as follows: 16. ORDINANCE NO. 025819 Amending the Zoning Ordinance, upon application by Skip Butler (Butler Rental), by changing the zoning map in reference to 1.024 acres out of West River Place Unit 1, Block 3, Lot 8 (currently zoned "B4" General Business District) by granting a Special Permit for an equipment rental facility with outdoor storage of associated equipment subject to three (3) 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, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero and Gan'ett were absent. Mayor Neal referred to Item 17, and a motion was made, seconded and passed to open the Minutes - Regular Council Meeting July 13, 2004- Page 10 public hearing on the following zoning case: Case No. 0604-01, Manuel M. Gonzalez: A change of zoning fi.om a "R-lB" One-family Dwelling District to a "B-4" General Business District. The property is 7.40 acres out of Paisley's Subdivision of the Hoffman Tract, Section E, Lot 9, located on the northwest comer of Greenwood Drive and West Point Road. City Secretary Chapa said the Planning Commission and staff recommended the denial of the "B4" General Business District, and in lieu thereof, approval ofa "B- 1" Neighborhood Business District. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Scott, and passed_ Mr. Noyola commented that this case was related to a new medical clinic on Greenwood and West Point, and he asked why the applicant's request for "B4" zoning was being denied. Assistant Director of Development Services Michael Gunning replied that "B4" zoning allowed for a wide range of usages, many of which would be incompatible with the surrounding neighborhoods. Thus, staff recommended the "B-I" zoning, which still allowed for the clinic usage, but better protected the surrounding neighborhoods_ Mr. Gunning said the applicant agreed to the "B- 1" zoning. Mr. Chapa polled the Council for their votes as follows: 17. ORDINANCE NO. 025820 Amending the Zoning Ordinance, upon application by Manuel M. Gonzalez, by changing the zoning map in reference to 7.40 acres out of Lot 9, Section E, Paisley's Subdivision of the Hoffinan Tract, from "R-lB" One-family Dwelling District to "B-I" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations fi-om the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. Mayor Neal referred to Item 18, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0604-02, Alma Gloria Zuniea: A change of zoning fi-om a "R-lB" One-family Dwelling Dislxict with a "SP" Special Permit to an "AB" Professional Office District. The property is in Mathis Estates, Lot 1, located along Gollihar Road between Randall Drive and Laura Place_ City Secretary Chapa said the Planning Commission and staffrecommended the approval of an "AB" Professional Office District. No one appeared in opposition to the zoning change. Mr. Chesney made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting July 13, 2004 - Page 11 18. ORDINANCE NO. 025821 Amending the Zoning Ordinance, upon application by Alma Gloria Zuniga by changing the zoning map in reference to Mathis Estates, Lot 1, from "R-1B/SP" One-family Dwelling District with a Special Permit to "AB" Professional Office District; amending the Comprehensive Plan to account for any deviations fi-om the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were absent. Mayor Neal referred to Item 19, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No_ 0604-04, Hogan Development Company, L.P.: A change of zoning from a "F-R" Farm-Rural District to a "R-lC" One-family Dwelling District. The property is 24.92 acres out of Flour Bluffand Encinal Farm and Garden Tracts, Section 32, Lots 16, 17, 21, 22, and 23, located along Wooldridge Road to the south and east of Rodd Field Road_ City Secretary Chapa said the Planning Commission and staff recommended the approval of a "R- 1C" One-family Dwelling District. No one appeared in opposition to the zoning change. Mr. Noyola made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 19. ORDINANCE NO. 025822 Amending the Zoning Ordinance, upon application by Hogan Development Co., L.P. by changing the zoning map in reference to 24.92 acres out of Flour Bluffand Encinal Farm and Garden Tracts, Section 32, Lots 16, 17, 21, 22 and 23, from "F-R" Farm-Rural District to "R- 1C" One-family Dwelling District; amending the Comprehensive Plan to account for any deviations fi-om the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Cooper, Gm'rea, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were absent. Mayor Neal deviated from the agenda, and opened discussion on Item 23 regarding the Southside Water Transmission Main project. There were no comments fi'om the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting July 13, 2004 - Page 12 23.a_ ORDINANCE NO. 025825 Ordinance appropriating $2,605,124.62 from the unappropriated fund balance, which includes interest, bond proceeds, and other miscellaneous revenues, in Water Capital Improvement Program Fund No. 4080 for the Southside Water Transmission Main Phases 4 and 4a; amending Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $2,605,124.62. 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". 23.b_ MOTIONNO. 2004-258 Motion authorizing the City Manager or his designee to execute a construction conlxact with Laughlin Thyssen, Inc., of Houston, Texas in the amount of $7,139,820 for the Southside Water Transmission Main Phases 4 and 4a. 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 24 regarding the termination of the Prince Catering contract at the Oso Beach and Gabe Lozano golf courses. He asked for public comment. Mr. Bob Tittlow, 7122 Brookedge Lane, expressed his concerns about Prince Catering's operations at the Oso Beach golf course, and he spoke in support of terminating the contract_ Mr. Noyola stated that he had understood staffwas going to continue working with Mr. Mel Davis, the owner of Prince Catering, to address these concerns. City Manager Noe replied negatively, saying that the Council had asked staff to provide the minutes from the Greens Committee meetings covering their concerns about Prince Catering, which was done. He also said the Council had asked a representative from the Greens Committee to address the Council on the issue. He noted that Mr_ Davis had not provided any additional payment since the last Council meeting. Assistant City Manager Margie Rose added that as of July 10, 2004, an additional $3,500 was due. Mr. Noyola stated that he had not heard any complaints firom golfers regarding Prince Catering, except that Mr. Davis occasionally opened late. He said that the golf participation at the city golf courses had declined significantly, and he understood why Mr. Davis was having difficulty making his payments. He spoke against terminating the contract. Mr. Kelly asked how long it would take to replace Prince Catering with another company if the contract was terminated. Ms. Rose replied that the city would have to go through the RFP process to fred another catering company, which could take more than three months. During the interim, Ms. Rose said the city would lease vending machines and place them at the sites. City Manager Noe added that the city would look for other ways to enhance the service in the interim, perhaps by hiring a company for a three-month contract. Ms. Rose also stated that the contract required services to terminate 60 days from the date of termination, thus reducing the period without Minutes - Regular Council Meeting July 13, 2004 - Page 13 service to one month. Mr. Chesney stated that in the future, he would like staffto have specific recommendations for a transition plan ready before recommending that the Council terminate a contract. Mr. Noyola did not believe the golfers would approve of the use of vending machines to provide food during the interim, and he asked staff to look at other alternatives. City Secretary Chapa polled the Council for their votes as follows: 24. ORDINANCE NO, 025826 Ordinance authorizing the City Manager or his designee to cancel (terminate) the five-year concession services lease (that commenced May 27, 2001) with Prince CMel's) Catering at both the Oso Beach Municipal Golf Course and the Gabe Lozano Sr. Golf Center. (Tabled 6/29/O4) An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola voting "No". Mayor Neal called for a brief recess to present proclamations. The Council returned fi.om recess, and Mayor Neal called for petitions fi-om the audience. Captain John Wilson with Fire Station No. 16, residing at 2799 FM 1540 in Sandia, TX, spoke regarding a billing disagreement with the city's health insurance administrator for ambulance services. Mr. Danny Noyola, 4410 Acushnet, spoke in support of increasing funding for the Neighborhood Improvement Program to expand its scope. Mr. Abel Alonzo spoke regarding a number of concerns, including change orders and the funding source for the arena and convention center projects, and the Regional Transportation Authority board appointments. Mr. Jack Gordy, 4118 Bray, spoke regarding the city's meal expenses in Fund 1020 and police actions in an incident in his home. Mr. Dennis Noble, 317 Stages Drive, spoke regarding the lack of pay raises in the current firefighters contract negotiations. Ms. Carolyn Sullivan, 1021 Barracuda, spoke regarding her concerns about the poor condition of equipment in the city's fire department. Mr. Carlos Torres, 6014 Ayers, spoke regarding several concerns about the fire department, including understaflVmg and the budget. 29. Mayor Neal announced the executive sessions, which were listed on the agenda as follows: Executive session under Texas Government Code Section 551.071 regarding the Nueces County - City of Corpus Christi Jail Use Agreement and the City's proposed Detention and Magistration Center, with possible discussion and action related thereto in open session. Minutes - Regular Council Meeting July 13, 2004 - Page 14 30_ Executive session under Texas Government Code Section 551.074 for deliberations regarding the appointment of Municipal Court Judge(s), with possible discussion and action related thereto in open session. 3 I. WITHDRAWN Executive session ara&, Texas Go'v~,,,,,~,t Code Section 551.087 f,,, delib~atio,,s ,,~;,~ ding ecm,~,.fic dcvclop,,~,,t n~iatioas, wi~ possible dis~sion m~d ~tlu,, ,~l~tcd The Council went into executive session. The Council returned fi.om executive session_ Mr. Chesney made the following motion, seconded by Mr. Scott, and passed with the following vote: 29. MOTION NO. 2004-259 Motion to end all negotiations with Nueces County regarding the City/County jail use agreement. 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 asked City Manager Noe to write a letter to Nueces County informing them of the Council's decision and hand deliver it today. Mayor Neal opened discussion on Item 25, the first reading of the FY 2004-05 budget adoption ordinance. City Manager Noe noted that Items 26 (.personnel ordinance), 27 (TMRS ordinance), and 28 (proposed fees) were several implementation items also related to the budget. He announced that staffwas withdrawing Item 28i, saying it would be placed on a future agenda. Assistant City Manager Mark McDaniel stated that there was consensus among the City Council at the last two budget hearings (May 25, 2004 and June 29, 2004) to incorporate adjustments related to CVB funding and garage sale permits. He said the adjustments were referenced as Amendment # 1 a (increase in CVB funding) and Amendment # lb (elimination of the proposed garage sale permit fee), and were delineated in a schedule. He said Amendment # 1 a would be presented as three separate options for Council consideration as noted_ Amendment #lb would be achieved the same way in all three options by decreasing $10,000 in salary savings fi'om the vacant assistant city manager of administration services. Mr. McDaniel discussed each of the three options for Amendment #la. In Option 1, Amendment #la would be achieved by decreasing the CVB's Las Carabellas (Columbus ships) contribution towards debt payment fi-om $252,842 to $104,724, a difference orS 148,118. In Option 2, the city could take a portion of the old debt for the convention center and the thermal energy storage system and decrease the current debt payment of $2,844,546 by $148,118, leaving $2,696,428. He said the debt service fund would end up paying the difference for a short-term period_ He said one of the advantages of this option is that the debt expires in 2006-07, making the Minutes - Regular Council Meeting July 13, 2004 - Page 15 payments quite manageable. Finally, Mr. McDaniel described Option 3 (the General Fund option), which involved decreasing the contribution to the Art Museum of South Texas by $50,000, and decreasing the contribution to the multicultural services by $98,118, totaling $148,118. Then, on the revenue side, he said the multicultural center funding by $98,118, decreasing the Cash for Trash funding by $58,118 and decreasing the general fund contingency by $40,000. Mr. McDaniel added that the second reading for the budget adoption ordinance would be scheduled for July 29 because the certified roll would not be ready in time for the July 20 meeting. He said staffwas recommended that the second reading for the fee ordinances (Items 26-28) also be delayed to July 29. Mayor Neal stated that he would like to see the CVB receive a net $250,000 in additional funding that could be applied toward promotion, especially of the new convention center and arena. Mr_ Kinnison interjected that SMG was responsible for marketing the new arena and convention center and, based on their bookings, they seemed to be doing a good job. Mr. Kinnison said the question seemed to be what new efforts the CVB would take on with the augmented funding. He noted that during their last update, the CVB had introduced a new focus toward convention business. Based on his calculations, however, if the city were to attract 10 new conventions with 1,000 delegates each staying three nights, they would only add 30,000 room nights, or less than one percent of the available rooms. In the past, the city had increased funding to the CVB, but he said there had been no real gains in tourism. Mr. Kmnison said he strongly preferred that any increases in funding to the CVB be based on performance. Mr. McDaniel replied that he and CVB President/CEO Tom Galyon would be discussing the CVB's contract, which was set to expire in July 2005, and performance-based measures would be part of the conversation. Mr. Kilmison also said he was in favor of increasing CVB funding through hotel occupancy tax revenues, not general fund revenues. Mr. Kinnison also expressed his concern that the general fund budget had increased by six percent in one year. He stated that the increases were primarily driven by rising persounel costs, notably the increase in the TMRS employee contribution from 5 percent to 6 percent as a result of the police contract negotiation. Mr. Kinnison said the Council had not been aware that the increase in the TMRS contribution would create such a large financial commitment for the city. He said, however, that the Council did have the ability to change the contribution, or match, if they w/shed. In addition, he commented that the city had made a commitment to bring employee salaries up to market levels through the compensation study. He had asked Mr. McDaniel to run a number of scenarios altering the 3 percent raise that employees had expected this fiscal year. He concluded that he could not support a budget with this level of increased revenues and expenditures, and unfortunately, the only solution he could offer would be to decrease personnel costs either through altering employee raises or changing the TMRS contribution. He said these measures were difficult, but he felt they should be seriously considered due to the condition of the budget, and the detrimental effect the fee increases would have on the citizens. Mr. Noyola did not support altering the TMRS employee contribution or employee raises. He stated that employees insurance costs were going to increase next year, and the employees needed the raise to break even. He said he was not happy about increased fees, but he was willing to support fee increases if his constituents would see improved services. In conclusion, he said he supported the budget as presented by staff. Minutes - Regular Council Meeting July 13, 2004 - Page 16 City ManagerNoe stated that the Council had made the bold commitment to tackle employee compensation issues, citing high turnover and low salaries. Mr. Noe said the city was primarily a service organization, so 70 to 75 percent of its total costs were personnel driven. The Council had committed to having employees who were well-compensated with competitive salaries and benefits. However, it was not possible to meet this goal without increasing costs. Mr. Chesney remarked that fortunately, the city was able to balance its budget this year, and thus, it was difficult to tell employees that the city could not cover salary raises. He said the Council had made a commitment to the employees, so he found it difficult to break this commitment. He understood Mr. Kinnison's concern about the increases for citizens, but he wanted to maintain employees raises. Mayor Neal stated that in 1999, the Council informed employees that they could not give employee raises due to the city's financial condition_ He said the Council told employees that when times were better, the city would restore salary raises as a reward for their sacrifice. Mayor Neal was strongly against breaking this commitment because it would create a lack of trust. Ms. Cooper pointed out that the city was not raising property taxes this year, as many other cities had been forced to do because of budget problems. Citizens were experiencing higher property taxes primarily because of higher property valuations. She could not in good conscience alter employee raises, especially because employee insurance costs were rising. She said employees deserved a raise for the good work they were doing, and the proposed three percent raise was small as it was. Mr. Scott stated that he felt the CVB was producing good results_ He said the CVB has provided statistics for many years indicating that their budget was not competitive with other cities. Thus, he was in favor of increasing their funding as they had requested, preferably through Option 2 presented by staff. Mr. Scott also asked for information on current employee turnover rates because he wanted to see if better compensation had positively affected the turnover rates. Finally, Mr. Scott pointed out that the increased fees for taxpayers were also paying for improved services and capital improvements, not solely personnel costs_ Mr. Colmenero did not support altering employee raises. He also stated that the city needed to take steps to assist the CVB with the Las Carabelas (Columbus Ships). Mr. Kelly stated that the Council needed to keep their promise to the city employees about their pay raises. He was disappointed that the city could not offer a tax cut, however. Mr. Noe replied that a tax cut could be possible once the city receives the tax roll fi.om the appraisal district. If revenues exceed the budget projections, then the Council had directed staffto provide the citizens with some measure of tax relief_ Mr. Garrett stated that he did not support altering or delaying employee raises. He made a motion to adopt Option 2 (Amendment #la and Amendment #lb) as presented by staff in the proposed budget, seconded by Mr. Kelly, and it passed unanimously. Mayor Neal added that it was important to manage the city's funds to meet its goals_ He said the community was growing, and thus, service demands were also growing. He reiterated that Minutes - Regular Council Meeting July 13, 2004- Page 17 if the property valuations come in higher than projections, the city will reduce the tax rate. Nevertheless, he did not want to penalize employees who contributed to the growth of the community through their service delivery. He reiterated that it was important to keep the Council's promise to the employees. Mayor Neal asked for public comment. Mr. J.E. O'Brien, 4130 Pompano, spoke against the utility rate increases in the proposed budget. City Secretary Chapa polled the Council for their votes as follows: 25. FIRST READING ORDINANCE First Reading Ordinance - Adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2004, to be filed with the County Clerk; appropriating monies as provided in the budget. The foregoing ordinance was passed and approved as amended on its first reading with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison voting "No"; Chesney was absent. Mayor Neal opened discussion on Item 26 regarding the compensation plan adjustments_ Mr. Chapa stated that the ordinance needed to be amended to remove the wording "and providing for Compression Pay Adjustments" fi.om the third line. Mayor Neal made a motion to amend the ordinance as presented, seconded by Ms. Cooper, and it passed unanimously. There were no comments fi.om the public_ City Secretary Chapa polled the Council for their votes as follows: 26. FIRST READING ORDINANCE Amending the Code of Ordinances by revising Section 39-303, Standard Classifications, Pay Plans, Pay Grades, and Ranges, as amended, a~d l~,,vlding fo~ Co,~ptesslo~ Pay Adja~tl~,,~,ts; revising Section 39-304, Classified Service Defined, to add Pay Plan 1000; revising Section 39-309, Employee Coverage under the City's Primary Group Hospitalization Program for eligible employees; repealing all other ordinances, and rules, or parts of ordinances, and rules, in conflict with this ordinance. The foregoing ordinance was passed and approved as amended on its first reading with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Chesney and Kinnison were absent_ Mayor Neal opened discussion on Item 27 regarding the TMRS rates. There were no comments fi-om the public. Mayor Neal noted that the 2-to-1 match included a 5.06 percent prior service rate that was a hedge against inflation, set by TMRS as determined through an actuarial study. Mr. Kinnison noted that if the city had not agreed to change the police contract, the city's contribution would have been 12.05 percent instead of 14.03 percent. City Manager Noe replied affirmatively, but noted that the difference also included a 0.3 percent increase for CPI increase for retirees. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting July 13, 2004 - Page 18 27. FIRST READING ORDINANCE Adopting Ordinance under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system on an annual basis for service performed by qualifying members of such system who at the effective date of the allowance are in the employment of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; to increase the rate of deposits to the Texas Municipal Retirement System by the employees of the City; establishing an effective date of January 1, 2005 for the Ordinance. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Chesney and Kinnison were absent. Mayor Neal opened discussion on Item 28, a series of proposed service fee increases_ City Secretary Chapa stated that Item 28i had been withdrawn by staff. There were no comments from the public_ City Secretary Chapa polled the Council for their votes as follows: 28.a. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water, gas and wastewater rates; and providing for an effective date of August 1, 2004. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent. 28.b. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 21, Garbage, Trash and Other Refuse, regarding resource recovery fees; providing for penalties; and providing for an effective date of August 1, 2004. The foregoing ordinance was passed and approved on 1ts first reading with the following vote: Neal, Colmenero, Cooper, Garreth Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent. 28.c. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Section 55-7, regarding 9-1-1 service fees; providing for penalties; and providing for an effective date of August 1, 2004. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent. Minutes - Regular Council Meeting July 13, 2004 - Page 19 28.d. FIRST READING ORDINANCE Revising Sections 23-57(3)(b), 6-230), and 19-33(b), Code of Ordinances, to increase Health Department fees relating to pool inspections, rabies testing, and food establishment health permits; providing for penalties; and providing for an effective date of August 1,2004_ The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Colmenero, Cooper, Gm'rea, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent. 28.e. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 2, Administration, regarding library fees; and providing for an effective date of August 1, 2004_ The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent. 28.f. FIRST READING ORDINANCE Amending Chapter 18, Fire Prevention Code, Code of Ordinances by revising Section 18-1 (b) (12), Fee Schedule; by revising Section 18-20, Ambulance Rates; and by adding Section 18-3, Hazardous Material and Debris Clean-Up Fee; and providing for an effective date of August 1, 2004. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent. 28.g. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 33, Offenses and Miscellaneous Provisions by adding Article VII. Dance Hall Permits; providing for penalties; and providing for an effective date of August 1, 2004. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent. Minutes - Regular Council Meeting July 13, 2004 - Page 20 28.h. FIRST READING ORDINANCE Amending the Code of Ordinances, by revising Section 3 1/2-120) by increasing the permit application or renewal fee for alarm system; revising Section 57-96 by establishing taxicab driver's permit fee; revising Section 48-19 by increasing the permit fee for a sexually oriented business; providing for penalties; and providing for an effective date of August 1, 2004_ The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent. 28.i. WITHDRAWN Resolufio. authorizing Pa, k, Rc,.L~.atlou, Cult-u.~l aud Leisure Th.,~ A~.tivitics R~.tal Fcc and Rcc~eatio.al Fee adjust.,~,,ts; addi.g new ,cn~l ~cs a.d ~,~ational ~cs ~, Fiscal Year 20~-2005; ~d p~ovidl.g ~r ~, c~eti~ da~ ~August 1, 2004. Mayor Neal called for the City Manager's report. City Manager Noe stated that the city was hosting the Texas Water Utilities Conference, which ended tomorrow, mad he thanked the wastewater department for organizing the event. He said Operation Clean Sweep would begin on July 14 at an 8:00 a.m. kick-off event, and he recognized the solid waste services department for their participation and support. This Friday, the Human Relations 2004 Conference would be taking place at the Holiday Inn Airport. Also on Friday, July 16, a hibiscus planting ceremony would take place at 10:00 a.m. at the Small World Pre-School, 1070 NAS Drive, to mark the successful end of the Neighborhood Initiative Program in Area 5 (Flour Bluff). Mr. Noe said the July 20 council meeting agenda would include the following items: public hearing on the bayfi'ont plan; update on Bond 2004 and t'mal discussions; and annual presentation from the Downtown Management District. He also encouraged the Council to read the Spring 2004 edition of the Communicator, a publication of the EMA, which features a very positive cover article on Corpus Christi_ Mayor Neal reported that there was apparently a young woman who was fi-audulently identifying herself as his daughter, calling herself Tracy, in an attempt to obtain fi.ee services fi.om local businesses_ He wanted the public to know that his only daughter lived in California, and this woman was an impostor. He said he and his wife had received phone calls at home and he had received calls at the office complaining about the impostor's behavior. Police Chief Alvarez reported that his department has initiated an investigation and was pursuing the issue. Mayor Neal called for Council concerns and reports. Mr. Garrett expressed concern that the construction work on McArdle and Gollihar Stxeet and Staples and Everhart Road has stopped, delaying the completion of the work. Assistant City Manager Massey replied that the city has encountered problems with the relocation of a number of telephone lines due to SBC's strike. City Manager Noe said they would provide a report. Minutes - Regular Council Meeting July 13, 2004 - Page 21 Mr. Noyola expressed his condolences to the families of Mr. Robert Shake and Ms. Pantoja, who had passed away recently. Mr. Colmenero also expressed his condolences to the Shake and Pantoja families. He asked if the construction work on Ayers Street had halted, and he asked for an update. Finally, he asked staffto see if they could identify funding for a comprehensive study of fire department operations. Ms. Cooper stated that at last night's town hall meeting, there were many complaints about the type of hot mix the city was using on the streets. She asked staffto analyze whether this hot mix was truly cost effective. City Manager Noe said staff would provide a report. She also announced that the next town hall meeting would be on August 2 at the Greenwood Senior Center. Finally, she expressed her condolences on the passing of Ms. Mary Beth Nelson. Mayor Neal called for a recess until approximately 3:00 p.m. to hold the public hearing on the proposed amendments to the city charter. The Council returned from recess. Mayor Neal referred to Item 20a, and a motion was made, seconded, and passed to open the public hearing on the proposed amendments to the City Charter. Mayor Neal stated that there were 10 proposed amendments recommended by the Charter Revision Commission as follows: Proposition 1: Proposition 2: Proposition 3: Proposition 4: Proposition 5: Proposition 6: Proposition 7: Updating the provisions concerning initiative and referendum in order to comply with new laws and election procedures. Updating the provisions concerning city council elections, council meetings, and the mayor's veto power and recall elections in order to conform the procedures to new State laws and city council meeting dates. Increasing the compensation of city council members to $12,000 per year and of the mayor to $18,000 per year, to be effective after the next city council elections Updating the provisions concerning the approval of budgets and the expenditure of city funds in order to comply with new laws, court decisions, and accounting practices. Allowing city employees, other than managerial employees and employees in the city secretary's office, to participate in political activities; provided that, no political activities may be conducted while in uniform, on duty, or using city resources, and no coercion or retaliation is allowed. Simplifying the existing restrictions concerning city officials and employees running for other public office in order to make the current provisions easier to follow, without making any substantive changes in the restrictions. Changing the property tax cap to conform to the tax cap set by the Texas Constitution. Minutes - Regular Council Meeting July 13, 2004 - Page 22 Proposition 8: Proposition 9: Proposition 10: Allowing certain leases for the construction of boat slips and docking facilities to be for terms not more than 15 years without necessity of an election, simplifying the procedures concerning the short-term leases less than 5 years, transfers of leases, regulation of leases and approval ofoil and gas leases, and updating other provisions to current State law and court decisions. Updating the provisions concerning general powers of the city in order to conform to new State laws and procedures. Changing the date of the regular city council election fi.om the first Saturday in April to the November uniform election date in order to conduct city council elections at the same time as elections for federal and state elected officials_ Mayor Neal thanked the Charter Revision Commission members for their efforts_ He then asked for public comment on any of the 10 proposed amendments. Mr. Bill Kopecky, 3609 Topeka, spoke in favor of including propositions for a independent city auditor; a proposition to have the city attorney report directly to the City Council; and expressed concerns about the proposed process for initiatives and referendums (Proposition 1). Mr. Danny Noyola Jr. and Mr. Danny Noyola Sr., both residing at 4410 Acushnet, spoke in favor of placing all the propositions on the ballot so the voters could make the final decision, especially Proposition 5 and Proposition 10. Mr. J.E. O'Brien, 413 0 Pompano, spoke against Proposition 3, Proposition 7, and Proposition 10. He also stated that an amendment should be added to create an internal auditor, and he spoke against the inclusion of the charter amendments in the November election. The following individuals spoke in support of Proposition 3: Rogelio Morales, 413-C Buccaneer Drive; Leo Valdez, 3434 Santa Fe; David Noyola; and Gonzalo Tamez, 1038 Pyramid. The following individuals spoke in favor of placing Proposition 5 on the ballot: Hector Villarreal, 3618 Tiger Lane; Abel Alonzo; Carolyn Moon, 4902 Calvin; Maria Gonzalez; Joan Veith, 5701 Cain Drive; an unidentified woman; Mike Chavez; Sylvia Dancer, 1902 Hudson; Rogelio Morales; Leo Valdez; Brian McCool, 834 Omaha Drive; David Noyola, 909 Marie Circle; Sara Saldive; Gonzalo Tamez; and Tony Dominguez, 2409 Cleo. Mr. Rogelio Morales also spoke in favor of placing Proposition 7 on the ballot. The following individuals spoke in support of placing Proposition 10 on the ballot: Hector Villarreal; Alma Villarreal, 5530 Crossgate; Billie Wilkerson, 910 Susan; Carolyn Moon, 4902 Calvin; Rene Saenz, 6022 Sweet Gum; Maria Gonzalez; an unidentified woman; Sylvia Dancer, 1902 Hudson; Rogelio Morales, 413-C Buccaneer; Brian McCool, 834 Omaha Drive; Judy Telge, 3553 Floyd; Jesse Molina, 4214 Leonard; and David Noyola, 909 Marie Circle. Mr. Garrett made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Minutes - Regular Council Meeting July 13, 2004 - Page 23 There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 4:20 p.m. on July 13, 2004. 2 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of one (1) boat, motor and trailer from Rormie's Marine, Aransas Pass, Texas in accordance with Bid Invitation No. BI-0090-04 based on best bid for a total m'nount of $30,671. The boat will be used by the members of Police Department Dive team for search and recovery operations. Funds are available from the 2003 Law Enforcement Block Grant_ This item is a replacement unit. ****************************************************************************** Background Purpose: The boat will be used by the members of Police Department Dive team in search and recovery operations including recovery of drowning victims, evidence, and contraband. The CCPD dive team is the only public safety dive team in the Costal Bend region. In addition to providing services to the City of Corpus Christi, the CCPD Dive Team assists other local and federal agencies including the U.S Coast Guard and the DEA. Bid Invitations Issued: 10 Bids Received: Pricing Analysis: No recent price history for this equipment in the specified configuration. Award Basis: Best Bid Ronnie's Marine, Aransas Pass and Waterman Boatxvork, Corpus Christ~, Texas took exception to the size of transom. Although a 30 inch transom was specified, the City is recommending the 25 inch transom to accommodate the required 150 hp engine. The 25 inch transom will not affect the functionality of the boat_ Funding: Law Enforcement Block Grant 550040-1061-00000-820803 $30,671.00 Michael Barrera, C.P.¢~' Procurement & Generfi. l Services Manager Total $30,671.00 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO Bid Invitation No BI-0090-04 Boat, Motor & Trailer Item Description Qty. 1 Boat 1 2 MadneEngine 1 3 Trail~ I Ronnie's Madne Waterm~n Boatwork ,~'ansas Pass, Texas Corpus ChdslJ, Texas Unit J Extended Unit J E.,tended Price Pdce Price Price (*) (*) $ 18,803.00 $ 18.803.00 $ 26,400.00 $ 26,400.00 8,990.00 8,990.00 10,500.00 10,500 O0 2,878.00 2,878.00 3,200.00 3,200.00 Total $ 30,671.00 $ 40,100.00 (*) Ronnie's Madne, Aransas Pass, and Waterman Boatman, Corpus Chdsti, Texas took exception to Ihe size of transom. Although a 30 inch transom w'as specified, We City is recommending the 25 inch transom to accomadate the required 150 hp engine. The 25 Inch transom will not affect lhe functionality of the boat. 3 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Mesa Products, Inc. of Houston, Texas for approximately 805 magnesium anodes in accordance with Bid Invitation No. BI- 0097-04, based on low bid meeting specifications, for an estimated annual expenditure of $97,899.50, of which $8,158.29 is budgeted in FY 03-04. The term of the contract will be twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager, or his designee. Funds have been budgeted by the Gas Department in FY 03-04 and are requested m FY 04-05. BACKGROUND: The magnesium anodes are used by the Gas Department for cathodic protection of gas lines. Previous Contract: The option to extend the previous contract was exercised, thus new bids were solicited. Bid Invitations issued: Twelve Bids Received: Four Award Basis: Low Bid Meeting Specifications The low bid submitted by Corrpro Co., Inc. did not meet specification requirements. Samples submitted by Corrpro revealed they bid a cast anode instead of an extruded anode as required in the bid specifications. Fund~g: Gas Department 5201304130-34130 Michael ~}h~era, C. ~- Procurement and General Services Manager $97,899.50 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BID INVITATION NO,: BI-0097-04 MAGNESIUM ANODES BUYER: Mada Gar-za Date: 5/26/04 ITEM DESCRIPTION CORRPRO CO.,INC. HOUSTON, TX UNIT TOTAL QTY UNIT PR CE PR CE GLOBAL CATHODIC MESA PRODUCTS, INC. PRODUCTION HOUSTON,T'X HOUSTON, TX. UNIT TOTAL UNIT TOTAL !PRICE PRICE PRICE PRICE MAGNESIUM ANODES (*) 1 48 LB. 800 EA $96.25 $77,000.00 $122.00 $97,600.00 $122.50 $98,000.00 (*) 2 17 LB. 5 EA 37,75 168.75 59.90 ~,99.50 42.50 ~12.50 BRANCE-KRACHY CO., INC. HOUSTON, TX. UNIT TOTAL PRICE PRICE $131.81 $105,4-48.00 56.55 282.90 TOTAL AWARD: $77,188.75 $97.899,~i0 $95,212.50 $105,730.90 (*) The Iow bid submitted by Corrpro Co., Inc. did not meet specification requirements. Sampres submitted by Corrpro revealed they bid a cast anode instead of an extruded anode as required in the bid specifications. 4 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of three heavy tracks and two pickups from Crosstown Ford Truck Center, Corpus Christi, Texas based on only bid and low bid in accordance with Bid Invitation No. BI-0101-04 for a total amount of $184,312. Three units are replacements and two are additions to the fleet. Funding is available in the Gas Department Operations Budget and Neighborhood Services Operations Budget. ****************************************************************************** Background Purpose: These vehicles will be used in the day to day operations of the respective departments. The new trucks being puxchased for the Neighborhood Improvement Project will provide transportation for new employees. Replaced umts are evaluated for potential reallocation to other departments and/or are disposed of through the City's standard surplus disposal procedures. Bid Invitations Issued: Sixteen Bids Received: rhlee Basis of Award: Only Bid - Item 1 When contacted, other local dealers either do not sell this type of truck or failed to respond with/n the allotted time frame. Low Bid - Items 2 and 3 Funding: Gas Department 550020-4130-34130 Capital OutlayNos. l12A, I13A, l16A Neighborhood Services 550020-1020-11500 Capital Outlay No. 117A $153,352.00 $ 30,960.00 Total: $184,312.00 BID INVITATION NO: B1-0101-04 HEAVY TRUCKS BUYER: MARIA GARZA ITEM DESCRIPTION CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION ___Crosstown Truck Center Allen Samuels Chevrolet Freightliners of San Antonio Corpus Christi, Tx Corpus Chdsti, Tx Converse, Tx Unit Total Unit Total Unit Total Pdce Pdce Pdca Pdce Price Price Series (HT-1.5) 15,000 lbs. GVWR Crewcab and Chassis, 60 inch cab-to-axle, with Service Body (Rawson-Koenig #E60Dg4 or Equal). In Accordance With Spec. Nos. 114, 476, and 558. Color - White I ~,43~478.00 NO BID NO BID Series (HT-3) 25,500 lbs. GVWR Crew-Cab and Chassis with 132 inch minimum cab-to- axle, with Service Body (Rawson-Koenig #E84DW94 or Equal). In Accordance with Spec. No. 114, 476, and 588 Color - Wlfite 2 54,937.00 109,874~QQ NO BID 58,065.00 116,130.00 Series (PU-1), 1/'2 Ton Ext. Cab Compact Pickup. In Accordance with Spec~cation No. 101 Color - Wh~e 2 15,480.00 30,960.00 20,107.65 40,215.30 NO BID A,,,,-~ rd Total: ~ 5 AGENDA 1V[EMORANDUM RECOMMENDATION: 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-04-4 for food items which include canned and fi'ozen fruit and vegetables, meats and condunents for an estimated six month expenditure of $109,360.64. 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 FY03-04. Ben E. Keith LaBatt Food Service PFG San Antonio. TX Corpus Christi. TX Victoria. TX 56 Items 96 Items 83 Items $27,562.28 $41,039 63 $40,758.72 Grand Total - $109,.360.64 BACKGROUND: These food items will be used by Senior Community Services for the Elderly Nutrition Program. The items are combined under a cooperative bid issued by the Coastal Bend Council of Gove'rmnents (CBCOG). Participating membears are comprised of the City of Corpus Christi, Aransas Council on Aging, Community Action Corporation of South Texas, Duval County, Bee Comml.mity Action Agency, Kleberg County Human Services, Nueces County Senior Community Services, Refugio County Elderly Services, and San Patricio Community Action Agency. The recommended awards are based on the evaluation and recommendation of participating members of the Coastal Bend Council of Governments. The department concurs with this recommendation. Funding: Senior Community Services Mich fa, C.P.] Procurement & General ENP 520070-1067-810804 MOW 520070-1067-810504 $89,675.72 $19,684.92 rvices Manager Total: $109,360.64 COUNCIL OF GOVERMENTS-STAPLES, MEAT & OTHER FROZEN FOODS Senior Community Services Bid Period Covering July 5, 2004 - December 31, 2004 Date: 7/05/04 Bid Tabulation: CBCOG-04-4 Ben E. Kelth San Antonio, Texas Canned Fruit, Canned Vegetables, Dried Vegetable, Canned Meat, Condiments, Dressing, Juices, Relishes, Soups & Bases Starches and Pasta, Sugar & Products. Miscellaneous Products, Beef, Fish, Prepared Products, Frozen Vegetables, Frozen Fruit & Dessert and Dairy Products $27,562.28 LaBatt Food Service Corpus Christi, Texas Canned Fruit, Canned Vegetables, Dded Vegetables, Canned Meat, Condiments, Dressing, Juices, Oil & Shortening, Relishes Soups and Bases, Spices, Starches and Pasta, Sugar & Products, Miscellaneous Products, Beef, Fish, Pork, Poulby,Prepared Products Frozen Vegetables, Frozen Fruit & Dessert and Dairy Products 41,039.63 PFG Victoria, Texas Canned Fruit, Dded Fruit, Canned Vegetables, Dded Vegetables, Canned Meat, Condiments, Dressing, Relishes, Soup and Bases, Spices, Oil & Shortening, Starches & Pasta, Sugar & Products, Miscellaneous Products, Fresh Produce, Beef, Pork, Poultry, Prepared Products, Frozen Vegetables, Frozen Fruit & Dessert, and Dairy Products 40,758.72 Grand Total: ~;109,360.63 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 07/20/04 AGENDA ITEM: Resolution approving the submission of a grant application in the amount of $102,221 to the U. S. Department of Justice, Bureau of Justice Assistance for funding eligible under the FY 2004 Local Law Enforcement Block Grants Program. Grant funds will be used to purchase law enforcement equipment for the Police Department. ISSUE: The Department of Justice provides funding opportunities each year in an effort to reduce crime and improve public safety through various methods, including the procuring of equipment, technology, and other material directly related to basic law enforcement functions. REQUIRED COUNCIL ACTION: City Council must a~oprove the application for submission. FUNDING: The funding will be available October 1, 2004 and must be expended within a 24-rnonth period from the date of the grant award. The grant funds may not exceed 90% of total ~ogram costs and participation requires a cash match of $10772 provided from the Law Enforcement Trust Fund. This is the ninth year we will receive block 9rant funding with the Law Enforcement Trust Fund providing the matching funds each year. Pdor to the obligation of any funds received, the City must establish an advisory board to review the application and make nonbinding recommendations. Additionally the City must hold at least one public headng to make the public aware of the program and its proposed spendiog plan. CONCLUSION AND RECOMMENDATION: Staff recommends approval to submit the grant application. Attachments: BACKGROUNDINFORMATION With this ninth award, the Law Enforcement Block Grant (LEBG) program has provided a total of $3,765,137 in grant funds to the City since the program began in 1996. The funds have been used to purchase backbone equipment for the Mobil Data/Automated Vehicle Location project, 27 police package vehicles, 61 unmarked police units, a property van, SWAT equipment, a bomb suit, digitized radios, radios for the Communications van, digital cameras, radars, video cameras, personal computer hardware and sol~vare, an upgrade to the computer system and the radio microwave system, a mobile police substation, a SWAT rescue vehicle, and other police equipment. The LEBG funds for 2004 have been reduced by $106,582 or 54% due to a larger portion of federal funds being designated to Home Land Security. The funds are dispersed by the Department of Justice on the basis of Part One offenses reported to the FBI through the Uniform Crime Report. The City repurts a much larger number of Part One offenses as compared to Nueces County, thereby receiving a greater distribution of funds. The federal law provides for states to declare funding disparities if a political subdivision incurs more than 50% of the costs in a given county or prosecution and incarceration of Part One crimes. In the state of Texas, the Attorney General has determined that Texas counties are responsible for more than 50% of these costs and has certified this fact to the Bureau of Justice Assistance. With this certification, the City must share the total award with Nueces County. We have agreod to split the funds 50150 with the County as we have done the past 5 years. They have bcc,-3 advised that beth jurisdictions must apply by the July 23 deadline or both entities will lose the funding. RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO SUBMIT A GRANT APPLICATION IN THE AMOUNT OF $91,999 TO THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE FOR FUNDING ELIGIBLE UNDER THE FY 2004 LOCAL LAW ENFORCEMENT BLOCK GRANTS PROGRAM TO PURCHASE LAW ENFORCEMENT EQUIPMENT FOR THE POLICE DEPARTMENT; VVlTH A CITY MATCH OF $10,222 IN THE NO. 1061 FUND, FOR TOTAL PROJECT COST OF $102,22t BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application in the amount of $91,999 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the FY 2004 Local Law Enforcement Block Grants Program to purchase law enforcement equipment for the Police Deparl~nent. The City match for this grant is $10,222 in the No. 1061 Fund, for total project cost of $102,221. 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. A'I-rEST: THE Cl'rY OF CORPUS CHRISTI Armando Chapa C~ Secretary APPROVED: July 13, 2004. Lisa Aguilar ~) Assistant City Attorney for City Attomey Samuel L. Neal, Jr. Mayor July 20 law enforcerne~t equipment.doc Corpus Christi, Texas of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 20, 2004 AGENDA ITEM: Resolution authorizing the City Manager, or the City Manager's designee to negotiate an amendment to the Antonio E. Garda Aris Education Center Lease with South Texas Institute for the Arts to allow Texas A&M University-Corpus Chdsti to expand the Antonio E. Garcia Arts Education Center to house the University's ESCUELA program, in the event funding becomes available to the University ISSUE: Texas A&M University-Corpus Chdsti recently applied for a Hispanic Se~ng Institutions Assisting Communities grant from U.S, Department of Housing and Urban Development to implement program ESCUELA, Establishing Smart Communities for Uniting and Empowering Latino Amedcans. ESCUELA is proposed to operate in the Antonio Garda Arts Education Center, which is ovw~ed by the City of Corpus Chrism and leased to the South Texas Institute for the Ads, an affiliate of Texas A&M University- Corpus Chdsti. Should funding become available, an amendment to the Antonio E. Garda Education Center lease will be negotiated to allow for the expansion of lhe center. REQUIRED COUNCIL ACTION: Approval of resolution as presented. CONCLUSION AND RECOMMENDATION: Staff recommends approval of resolution. Margie Rose Assistant City Manager BACKGROUNDINFORMATION July 20, 2004 Establishing Smart Communities for Uniting And Empowering _Latlno ~.merlcans (ESCUELA) Executive Summary for Grant Proposal to U.S. Department of Housing and Urban Development for a Hispanic Sewing Institute Assisting Communities Grant Project Description A Smart Community is a network of people who have made a conscious ~dfort ID use information and technology to transfocm life and wenk within its region. The primary objective of the proposed ESCUELA program is to (3'eate a Smart Community among Iow-Income hispanic families in Corpus Christi. Texas A&M Univemity-C<xpus Christi will provide targeted families with the skills, knowledge and Ihe desire ID ~'"..?. psblic and private services that will assist them in making irCormed quality-of- life decisions. Participating families will obtain assistance In areas such as housing, healthcare, public transpodation, education and employment. Previous Initiatives ESCUELA builds on the success of two existing community programs operated by the College of Education at Texas A&M University-Corpus Chdsti ('r'AMUCC):The Literacy Connection and the Family Place. The Literacy Connection is an on-campus family literacy program provides individual instruction for Iow Income, Iow literate parents and careglvem of children enrolled In the Early Childhood Development Center (ECDC) School. The Family Place, pcesently located in the Antonio E Garcia Arts Education Center, provides family life education services to local families living in Iow-income areas. Services also are provided to adjudicated youth referred to the Family Place by the court system. Specific Population The ESCUELA program will operate from the Antonio E. Garda Arts Education Center, which is located in the City's Renewal Community. ESCUELA professocs willfl~ln Project ESCUELA Training Assistants who will work with Hispanic adults te acquire literacy and technology skills. According lo the 2000 U.S. Census, approximately 58 percent of Corpus Chdsti residents are Hispanic and approximately 48,000 live below poverty. Major Actlvlges Proposed 1) Renovation of the Antonio E. Garcia Arts Education Center to house the ESCUELA Program. Improvements to the Center will provide more dassrooms and office space te facilitate inslructlon for larger groups of participants. 2) Provide participants with the skills, knowledge and desire to use information and technology to seek public and pdvate services that will assist them In making smart quality of life chok~es. It will conskst of a four-step plan of action to: Team with the City of Coq~us Chdstl lo collect and evaluate s~rvey data obtained dudng ~e Neighborhood Improvement Program's need assessment phase. These focus groups will help determine the relevant content for a webslte which will be created in support oi~ the ESCUELA program. Host open forums with representatives of the community who are recognized experts in various social-service i~elds. These Empowerment Workshops will provide program participants with opportunities to learn about local and community resources. Provide the participants with basic literacy, work'force or computer skills. In the [irst year, University professom, all with literacy or computer expedJse, will select and bain TAMU-CC Graduate Assistants and Program ESCUELA Community Training Assistants whowill assist with instruction in the ESCUELA program. · Provide graduate students an opportunity to earn college credit in the Adult Technology Training course and the Adult Literacy course by Interning in the ESCUELA program. Train and employ community members as quality Chlldcare Givers. University professors f~:)m the Eady Chlldhocd Education program will deliver instruction in quality chlldcare practices to community members. Following a similar model established for the Literacy Connection program, Ihese lralned o:)mmunlty chlldcare givers will lhen have an opportunity to be employ~,d as Childcare Givers dudng ESCUELA linguistic, visual and computer instruction sessions. 3) Design and develop a Spanish and English website, or portal, for the participants of the Smart Community. This ESCUELA Intemet Portal will be designed around the expressed needs of the participants. It will feature World Wide Web links to public services identified in the second major activity. 4) Coordinate and host open forums with representatives of the community who are recognized exports in various social-service fields. These Empowerment Workshops will provide program participants with opportunities te learn about Icc. al and community resources, h addition, pmfessom associated with the Family Place will conduct forums on Drug Abuse Awareness and Prevention strategies. Conclusion Texas A&M University-Corpus Chdsti views this i:x'oJect as a natural outgrowth ~ its mission to serve the Hispanic population of the South Texas region. The Univemlty will serve as a center for coordinating training and research, and as a focal point for strengthening the links with betwee~ education and the Hispanic community. RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO NEGOTIATE AN AMENDMENT TO THE ANTONIO E. GARClA ARTS EDUCATION CENTER LEASE WITH SOUTH TEXAS INSTITUTE FOR THE ARTS TO ALLOW TEXAS A&M UNIVERSITY - CORPUS CHRISTI TO EXPAND THE ANTONIO E. GARCIA ARTS EDUCATION CENTER TO HOUSE THE UNIVERSITY'S ESCUELA PROGRAM, IN THE EVENT FUNDING BECOMES AVAILABLE TO THE UNIVERSITY 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 negotiate an amendment to the lease with the South Texas Institute for the Arts to allow Texas A & M University - Corpus Chdsti ("University") to expand the Antonio E. Garcia Arts Education Center to house the University's ESCUELA program, in the event funding becomes available to the University for this expansion. The final negotiated amendment shall be presented to City Council for its approval. A'I-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: July 15, 2004 Samuel L. Neal, Jr. Mayor By: ~;~0~¢~. ~ Lisa Aguilar Assistant City Attorney for City Attorney Corpus Chdsti, Texas of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 8 AGENDA MEMORANDUM DATE: July 20, 2004 SUBJECT: Corpus Cbxisti Public Library Interlibrary Loan Amendment to contract #771-04040 for state fiscal year 2003-2004 AGENDA ITEMS: a) Resolution authorizing the City Manager or his designee to accept an amendment for a grant increase in the amount of $13,273 to contract #771-04040 with the Texas State Library and Archives Commission for augmenting funds to bring personnel costs into conformity with the City's policies, to upgrade computer software and to continue the day-to-day operations of the Interlibrary Loan Center. b) Ordinance appropriating an additional $13,273 in an amendment to contract No. 771-04040 from the Texas State Library and Archives Commission in the No. 1068 Library Grant Fund to continue the day-to-day operations of the Interlibrary Loan Center. ISSUE: The Texas State Library and Archives Commission designates and funds ten regional Interlibrary Loan Centers in Texas each fiscal year. Corpus Christi Public Library has been the Interlibrary Loan Center for the South Texas Library System since 1971-72 and continues to be so designated in the state fiscal year 2003-2004. Each of these Interlibrary Loan Centers (ILC) provides interlibrary loan and referral services for any public, special or academic library in the ILC's geographic service area which is designated by the Texas State Library and Archives Commission. ILCs promote and facilitate the lending and borrowing of library materials among libraries through Texas and the United States. This contract amendment brings the grant total to $140,499 for the state fiscal year ending August 30, 2004 compared with $126,604 for last state fiscal year, representing an increase of 11% over last fiscal year. PREVIOUS COUNCIL ACTION: Contract #771-04040 was authorized by Council on September 16, 2003 (M2003-323). REQUIRED COUNCIL ACTION: Appropriation of fimds require City Council approval. RECOMMENDATION: Staffrecommendsapproval. Herb Canales Director of Libraries Grant # 771-04040 TSLAC's Coding: Index 17712 Amendment One Interlibrary Loan Center Grant The grant contract ent~ed into by and betw~n the Texas State Library and Archives Commission and City of Corpus Christi on September 1, 2003, is hereby amended for ~ period ending August 31, 2004. Except as s~t forth herein, all of the terms and conditions of the Original Conlxact shall remain in full force and effect. In the even~of conflicting provisions or additive provtsiom causing conflict between the terms of the Original Con~xact and this Amendment One, the terms of Amendment One shall control. I. CONTP~CTrNG PARTIES: Grantor: Texas State Library and Archives commission (commission) Grantee: City of Corpus Christi IV. GKANT AMOLri~S: A. The amount of the grant is hereby increased by $13,273. The total amount of the grout shall not exceed $140,499. The original Budget is hereby amended as follow~: Persolme[ $75,032 Frmge Benefits $31,331 Travel $0 Equipment $0 Supplies $3,500 Conlxactual $5,090 Other $15,094 Total Direct Costs $130,047 Indirect Costs $10,452 Total Budget $140,499 THE UNDERSIGNED CONTRAuI lNG PARTIES do hereby certify that, (1) the services specified above are necessary and essential for activities that axe properly within the statutory functious and programs of the commission and (2) the proposed arrangements serve the interest of efficient and economical administration of State Government. The CoroxmSsion further certifies that it has the authority to conlxact for the above services by authority groined m Texas Government Code, Chapter 441. The undersigned parties bind themselves to the faithful performance of this Contract as amended. It is mutually understcmd that this Conl:ract Amendment Number One shall not become effective until signed by both parties below. GRANTOR ~ Texas State Library and Archives Commission GKAY~EE City of Co~us Christi Authorized Signature Authorized Signature Assistant Director and Librarian Title Title Date Date Approved as ~to fora,: ~ For City Allomey RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO ACCEPT AN AMENDMENT FOR A GRANT INCREASE IN THE AMOUNT OF $13,273 TO GRANT CONTRACT NO. 771-04040 WITH THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION, AND TO CONTINUE OPERATIONS OF THE INTERLIBRARY LOAN CENTER. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or the City Manager's designee, is authorized to accept an amendment for a grant increase in the amount of $13,273 to grant contract No. 470-04040 with the Texas State Library and Archives Commission to augment funds to continue operations of the Interlibrary Loan Center. All'EST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secreta~ry Veronica Ocanas Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor 07.20.04 Library Arnendmen[ for Gran[ Increase Resolution.doc Corpus Chdsti, Texas of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scoff ORDINANCE APPROPRIATING A GRANT OF $13,273 IN AN AMENDMENT TO CONTRACT NO. 771-04040 FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION IN THE NO. 1068 LIBRARY GRANTS FUND TO CONTINUE OPERATIONS OF THE INTERLIBRARY LOAN CENTER; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That an additional grant of $13,273 in a~ amendment to Contract No. 771- 04040 from the Texas State Library and Archives Commission is appropriated in the No. 1068 Libraries Grant Fund to continue operations of the Interlibrary Loan Center. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the r, ccd for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of ,2004. Al-rEST: THE CITY OF CORPUS CHRISTI Arrnando Chapa City Secretary APPROVED: This /~ day of. ~/,~(~ Veronicai, Ocanas ~. Assistant City Attorney for City Attorney Samuel L Neal, Jr. Mayor ,2004: 072004 Ubran/App Ordinance,doc Corpus Chdsti, 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 Council Members The above ordinance was passed by the following vote: Samuel L Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 3 9 AGENDA MEMORANDUM Date: July 12, 2004 SUBJECT: Great~ Corpus Christi Clean Cities Program Office of Environmental Programs AGENDA ITEM: a_ Resolution authorizing the City Manager, or the City Manager's designee, to accept a Clean CRies Grant fi'~m the Stale Energy Conservation Office in the amount of $25,000 for development of a Clean Cites program and related Services; and b_ Ordinance appropriating $25,000 from the State Energy Conservation Office in the No_ 1071 Community Enrichment Grants Fund for development of a Clean Cities program and related services; and declaring an emergency. ISSUE: The City of Corpus Christi has been awarded a grant fxom the Tex~ State Energy Conservation Office (SECO) to subsidize funding of the salary, benefits, and expenses for the Clean Cities Coordinator. SECO will provide $25,000 to the City to fund the Clean Cities initiatives in the Office of Environmental Programs. FUNDING: The State Energy Conservation Office is providing the City of Corpus Christi a grant in the amount of $25,000 to help defray the costs of the Clean Cities Coordinator for one year. The incrememal taak~ of the Coordinator will he undertaken as new initiatives in the Office of Environmemal Programs_ RECOMMENDATION: presented. Staff recommends approval of the motion and ordinance as Director of Environmental Programs Attachments: 1. Background Information 2. Clean Cities Contract Summary ATTACHMENT I BACKGROUND INFORMATION SUBJECT: Corpus Christi Clean Cities Program [Proieet lleseriDtion; The Clean Cities ARernative Fuels Program is a locally based government/industry partnership, coordinated by the U.S. Department of Energy (DOE) through SECO in the State of Texas. The program objective is to accelerate the introduction and expansion in the use of alternative fuels and alternative fuel vehicles by the driving public and by business. Clean Cities is a voluntary program that encourages a public/private partnemhip to accomplish its objectives. The DOE funded grant administered through SECO will support the City's Clean Cities Coordinator who is responsible for the development of program ~ttategies for alternative fuel initiatives. Objectives include development of the alternative fuels market, educational programs, alternative fuel supply infrastructure, and fleet conversion to alternative fuels. The City of Corpus Christi received official designation fi'om DOE in the Clean Cities program in March 1998_ Efforts have been underway to expand the altexnative fuels utilization in the area as one strategy in meeting the federally promulgated National Ambient Air Quality Standards for ozone. The Clean Cities Coordinator will be one of the central figures in managing and promoting a~ternative fuels and vehicles of the program. PRIOR COUNCIL ACTION: 1. February 25, 1997 - Motion authorizing the City Manager, or his designee, to execute a contract with SECO for a $50,000 grant to subsidize the salary, benefits, and expenses for the Clean Cities Coordinator for April 1, 1997 through March 31, 1998. 2. September 30, 1997 - Motion authorizing the City Manager, or his designee, to execme a contract with TAFC for a $25,000 grant to fund the Clean Cities Initiative Strategic Planning. FUTURE COUNCIL ACTION: 1_ Execution of contracts for $25,000 or more for additional grants being solicited for the Clean Cities Program will require Council action. A'rrAcIIMENT 11 CI,F. AN CITieS PROGRAM CONTRACT SUMMARY GRANT CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE TEXAS STATE ENERGY CONSERVATION OFFICE Contract Pr~visiou - The State Enc"rgy Conservation Office (SECO) will provide thc City of Corpus Christi a $25,000 grant for development of a Clean Cites program and related Services. Responsibilitie~ of Contractor - Revitalize the Clean Cities program by administering thc activities to promote usc of alternative fuel vehicles and alternative fuels. · Designate City Stuff to serve as facilitator of the Cleam C~es pro~ram and imple.ment. the 8oals and objmtives of the Coalition, conduct the admmistratwe duties assocmtecl with membership and meeting the day to day challenses of coordinating a Clean Cities Coalition. · Submit request to Dqxmment of Energy for Clean Cities Program Plan Designation. · Contxactor shall recruit S~akeholders to maintain a diverse transportation stakeholder base for effective p~rticipation among commercial, regulatory and enviromnental interests_ Con, actor shall recruit pm'tners (Public and private) to join the coalition and expamd the program to surrounding counties. · Contractor shall hold meeting of the stakeholders at least every quarter. Develop meeting agendas, mailing lists, ami o~o'each materials for megting participants. · Contractor shall advertise and use national Clean Cities~ ~ogo. · Contractor shall conduct public education campaigns to disseminate information on alternative fuels and conduct oul~'each activities ah-ned at regional fleets to promote the purchase and use of AFVs. · Contractor shall track ongoing regulatory and technical developments coming the p nding on-at inment of thc Corp? C ..h..mti ion..go stakeholders with guest presenlat~ons on air qnallty ano mo~llity Issues ta loren to me Corpus Christi regional area. · Conmlctor shall work with other Texas Clean Cities Coordinators to develo~ s~t~-wide networks, incentives, and air quality stretches. Conmlctor shall attend state, regional and national Clan Cities meetings. · Contractor shall prepare and submit monthly progress reports and an annual report. Payment - The payment shall not exceed a total of $25,000 for the contxact t~aH~_ Term - The contract t~mfinates on August 2005. RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO ACCEPT A CLEAN CITIES GRANT FROM THE STATE ENERGY CONSERVATION OFFICE IN THE AMOUNT OF $25,000 FOR DEVELOPMENT OF A CLEAN CITIES PROGRAM AND RELATED SERVICES NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to accept a grant from the State Energy Conservation Office in the amount of $25,000 for development of a Clean Cities Program and related services. SECTION 2. The City Manager, or the City Manager's designee, may reject, alter or terminate the grant. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretaw APPROVED: 16~h day of July, 2004. F~'i' Jt/~A sRs~c i ty Attorney for City Attorney Samuel L. Neal, Jr. Mayor R43218A1.doc Corpus Christi, Texas of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott 2 R43218A1,doc ORDINANCE APPROPRIATING $25,000 FROM THE STATE ENERGY CONSERVATION OFFICE IN THE NO. 1071 COMMUNITY ENRICHMENT GRANTS FUND FOR DEVELOPMENT OF A CLEAN CITIES PROGRAM AND RELATED SERVICES; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $25,000 from the State Energy Conservation Office is appropriated in the No. 1071 Community Enrichment Grants Fund for development of a Clean Cities Program and related services. 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 C~ affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the __ day of ,2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: This 16th day of July, 2004: First Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor R4321 §Bl.doc 2 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: Ih, ye, 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 Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D, Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 20, 2004 AGENDA ITEM: Item A: A Resolution authorizing the City Manager, or the City Manager's designee, to accept a grant from the Texas Department of Health in the amount of $22,500 for laboratory analysis of bay water samples. Item B: An Ordinance appropriating $22,500 grant from the Texas Depm b3~ent of Health in the No. 1066 health grants fund from the Texas Department of Health for laboratory analysis of bay water samples; and declaring an emergency. ISSUE: The Corpus Chdsti-Nueces County Public Health District requests City Council's approval to submit and appropriate a contract in the amount $22,500 to fund the analysis of sea water from bays used to harvest shellfish for human consumption. This is the fourth year this contract is offered. The contract is to begin on 09/01/04 through 08/31/05. REQUIRED COUNCIL ACTION: Approval of the contract attachment and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved funding for F'Y03-04. FUNDING: The Texas Department of Health awards eligible local Health Departments contracts to provide analysis of sea water used to harvest shellfish for human consumption. The funding available is $22,500. There is no match funding required CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the contract attachment and appropriate funding for the analysis of sea water from bays used to harvest shellfish for human consumption. BACKGROUNDINFORMA~ON BACKGROUND: The Seafood Safety Division of the Texas Department of Hearth is contracting for services from the Corpus Chdsfi-Nueces County Public Health Distdct Laboratory for the analysis of sea water from bays used to harvest shellfish for human consumption. This is the fourth year in which a contract has been offered. The past two contracts stated that use of the laboratory's services would not exceed $22,500 in charges for the year to the Seafood Safety Division. The 2004-05 contract reflects the laboratory fee for service of $20.00/sample to cover costs in laboratory salaries and supplies. The portion of the contract that is the ~not to ex.cd" remains at $22,500 for FY04-05. CONTRACT FOR PUBLIC HEALTH SERVICES Contract Issued by: (RECEIVING AGENCY) DEPARTMENT OF STATE HEALTH 1100 WE~T 49TM ~-fKEET AUSTIN, TEXAS 78756-3199 Legal Authority to Contr~: ChalXers 12 and 121, Health and Safety Code. Ven~: The p~visiona of this Conm~t shall be inteq:r~t~ in ~tdance wi6~ Texas law. V~ue for any eoua dispates shall be in Travis County, Text. PERFORMING AGENCY NAME: CORPUS CHRISTI-NUEC'F~ COUNTY PUBLIC HEALTH DISTRICT (CITY) MAILING ADI)RES~: P.O. BOX 972? CORPUS CH~STI TX STREETADDRF~: I?02HORNEROAD CORPUSC'H~STI TX ?~4~9-0000 DSHS DOCUMENT NO. 7460005741 A2005 LF NAME OF AUTHOl~t z-l<l~ CONTRAL'fING l~rrr~': CORPUS CHRISTI (CITY OF) PAYEE DATA (-ffnot the same as PERFORMING AGENCY or AUTHORszm ~ CONTRACTING EI~ Ill ~r; l~lSt b~ Oll file with [1~ Texas State Comptroller's Office,): NAME: CITY OF CORPUS CHRISTI ADDRESS: PO BOX 9277 CORPUS CHRISTI TX 78469-92T'/ (City, State, Zip) S~le ~ Tex~s Vendor ldenllflcalion No. (14 ~) PA~ AG~ ~ 17~741027 Y~ E~ M~: I~y PA~E BUS~ ~ON FOR STAtiCAL ~R~G: PI~ ~k ~ ~gofi~ ~ ~[y m yo~ b~i~s, Small Buaineaa - A c~rporaLion, sole proprieto~aip, or ~ leg'~ entity fomaed f~ the lxtrpose of ma~in~ a pl~[~[ w~ich iS independently owned and opet-~ed and has fewer than 100 employee~ or [ms le~.s than $1,000,000 in mmual gross receipt. l-lJsmrically Underutilized Bu~i~*q (HUB) - A corporation, ~ole psulffielorship, or joint venture formed for Ihe purpose of making a profit in which at least 51% of all classes of the shares of atock oi' other equitable ~s~:u.rities a~ own~l by on~ ~r mare pe~ons who have been historically uademtiliz~l (~acially disadvantaged) becau~ of ~heir identification as m~mbers of cextain gxoupa: Black Americ~m. Hispanic American, Asian Pacific American, Nal~ve American, and Won:ea. The HUB must be certified by Texas Building and Procuren~nt Commission or mother entity. For Profit Organization SUMMARY OF CONTRACT [N3CUMENTATION: COVER PAGE 1 - Receiving and Performing Agency Dam COVER PAGE 2 - D~ails of Attachment(s) COVER PAGE 3 - Autho~ed Signatures GI~qERAL PROVISIONS - 6,'"2004 ATYACHMENT(S) Cover Page 1 DETAILS OF ATTACHMENTS Att/ l~ogram ID/ Term Amd DSHS Purchas~ No. Order Number Begin End SEAFOOD 01 C038580000 09/01/04 DSHS Document No.7460005741A2005 08/31/05 Hnanci~l Assistance Direct .%ar¢~ of Amount Punds* 22,500.00 0.00 Totals $ 22.5O0.00 $ 0.00 To~al Amount ('DSHS Share) 22.500.00 $ 22,_5O0.0O *Federal fur~s are indicated by a number from the Catalog of Federal Domestic Assistance (CFDA), if applicable. REFER TO BUDGET SECTION OF ANY ~0 AMOUNT ATrACHMENT FOR DETAILS. Cover Page 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO ACCEPT A GRANT FROM THE TEXAS DEPARTMENT OF HEALTH IN THE AMOUNT OF $22,500 FOR LABORATORY ANALYSIS OF BAY WATER SAMPLES 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 accept a grant from the Texas Deparlrnent of Health in the amount of $22,500 for laboratory analysis of bay water samples. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: July 12, 2004 Lisa Aguila~ Assistant City Attomey for City Attorney Samuel L. Neal, Jr. Mayor July 20 2004 TDH-searood.doc Corpus Christi, Texas of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott ORDINANCE APPROPRIATING A GRANT IN THE AMOUNT OF $22,500 IN THE NO. 1066 HEALTH GRANT FUND FROM THE TEXAS DEPARTMENT OF HEALTH FOR LABORATORY ANALYSIS OF BAY WATER SAMPLES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant in the amount of $22,500 is appropriated in the No. 1066 Health Grant Fund from the Texas Depa, b,ent of Health for laboratory analysis of bay water samples. 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. All=ST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: July 12, 2004 Lisa AguilaU Assistant City Attomey for City Attomey Samuel L. Neal, Jr. Mayor Corpus Christi, Texas __ day of ,2004 TO THE MEMBERS OF THE CI'FY COUNCIL Corpus Christi, Texas For the reasons set fodh 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 Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 3 11 AGENDA MEMORANDUM City Council Action Date: July 20, 2004 AGENDAITEM: Item A: A Resolution authorizing the City Manager, or the City Manager's designee, to accept a grant from the Texas Department of Health in the amount of $62,915 for family health and family planning services. Item B: An Ordinance appropriating a grant in the amount of $62,915 in the no. 1066 health grant fund from the Texas Department of Health for family health and family planning services; and declaring an emergency. ISSUE: The Health District is in receipt of Attachment ~2 & 3 to Conbact #7460005741^- 2005 Change No. 1, with the Texas DepaH,,ent of Health. The contract provides the Health Deparlment with $62,915 in financial assistance for family planning and fee for REQUIRED COUNCIL ACTION: Approval of the contract attachment and appropriation of funds. PREVIOUS COUNCIL ACTION: None. FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the conl~act attachment and appropriate funding for continuation of public health services. Director of Public Health BACKGROUND INFORMATION This item is an annual renewal of a grant that has been provided to the Health Distdct from the Texas Depa~b.ent of Health for many years. The purpose of this funding is to assist Iow income residents to achieve their family planning goals, to improve their health status, to reduce the number of unintended pregnancies and to positively affect the outcome of future pregnancies. This service provides assistance to a total of approximately 4000 clients per year. DEPARTM~'T OF STATE l:l~.&LTlt SERVICES 1100 WEST 49TH STREET AUSTIN, TEXAS 78756-3199 STATE OF TEXAS COUNTY OF TIOtVIS DSHS Document No. 7460005741A2005 Conlzact Cl~n~e Notice No. 01 The Department of Sram Health Services, hereinafXer referred to as RECEIVING AGENCY, did her~ofore emer into a contract in writing with CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY') hereinafter referred to as PERFORMING AGENCY. The parties thereto now desire to amend such contract aaachme~t(s) as follows: SUMMARY OF TRANSALqlON: A"I"F NO, 02 : AC FAMILY HEALTH - FEE FOR SERVICE A"FF NO. 03 : AC FAMILY HEALTH - FAMILY PLANNING All terms and conditions not hereby amended remain in full force and effect. EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN. CORPUS CI'H~,ISTI (crrY OF) Authorized Con~xacting Entity (type above ff different from PERFORMING AGENCY) for and in behalf of: PERFORMING AGENCY: CORPUS CI:tRIS~-NUECES COUNTY PUBLIC t:[E.~ALTH DIi~'I'KICT (CITY) By: By: (Signature of person authorized to sign) (Name and Title) Date: RECOM/V~NDED: By: ('PERFORMING AGENCY Director, ff differenl from person authorized to sign contract Llea Agul~r ~ For City Auomey RECEIVING AGENCY: DEPARTMENT OF STATE I:I~ALTH SERVICES (Signature of person authorized to sign) Bob Burnetto, Dixector Procm-ement and C..ontracting Services Division (Name and Title) Cover Page 1 KR PCSD - Rev. 6/04 DETAILS OF ATTACHMENTS Att/ DSHS Pmgram ID/ Amd DSHS Purcha.~ No. Order Number SEAFOOD 01 O)38580O00 ACFH/FF.~ C038877000 ACFH/FEE-FP 03 09101104 DSHS Documem No.7460005741A.2005 _C~ag¢ No:_01 A.~islmu-~ ('DSHS Share) Begin End Source of Amount Funds* 09/01/04 08/31/05 Stme 22,500.00 0.00 22,500.00 09/01/04 08/31/05 23,391.00 0.00 28,391_00 08/31/05 34,524.00 0.00 34,524.00 Totals $ 85,415.00 $ 0.00 $ 85,415.00 *Federal funds arc indicated by a number from thc Catalog of Federal Domestic Assistaace (CFDA), ff applicable. REFER TO BUDGET SECTION OF ANY ZERO AMOUNT ATrACHMENT FOR DETAII~. Cover Page 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO ACCEPT A GRANT FROM THE TEXAS DEPARTMENT OF HEALTH IN THE AMOUNT OF $62,915 FOR FAMILY HEALTH AND FAMILY PLANNING SERVICES 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 accept a grant from the Texas Department of Health in the amount of $62,915 for family health and family planning services. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: July 12, 2004 Lisa Aguilar/) Assistant Cit~Attomey for City Attorney Samuel L. Neal. Jr. Mayor July 20 2004 TDH~Camily Health.doc Corpus Chdsti, Texas of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott ORDINANCE APPROPRIATING A GRANT IN THE AMOUNT OF $62,9'15 IN THE NO. 1066 HEALTH GRANT FUND FROM THE TEXAS DEPARTMENT OF HEALTH FOR FAMILY HEALTH AND FAMILY PLANNING SERVICES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant in the amount of $62,915 is appropriated in the No. 1066 Health Grant Fund from the Texas Department of Health for family health and family planning services. SECTION 2. That upon wrfften 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 bhat this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2004. ATTEST THECITYOFCORPUS CHRISTI Armando Chapa City Secretary Approved: July 12, 2004 Lisa Aguilar~~ Assistant City-Attomey for City Attorney Samuel L. Neal, Jr. Mayor Corpus Chdsti, Texas __ day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus ChdstJ, 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 mooting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor Council Members The above ordinance was passed by the following vote: Samuel L Neal, Jr. Brent Chesney Melody Cooper Javier D. Colmenem Henry Garrett Bill Kelly Rex A_ Kinnison Jesse Noyola Mark Scott 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Julv 20. 2004 AGENDA ITEM: Item A: A Resolution authorizing the City Manager, or the City Manager's designee, to accept a grant from the Texas Department of Health in the amount of $149,797 for tuberculosis prevention and control services. Item B: An Ordinance appropriating a grant in the amount of $149,797 in the no. 1066 health grant fund from the Texas Depa~b.ent of Health for tuberculosis prevention and control services; and declaring an emergency. ISSUE: The Corpus Christi-Nueces County Public Health District requests City Council's approval to submit and appropriate a one year contract in the amount $149,797 to fund the elimination and control of tuberculosis in Nueces County. These funds will provide services to individuals who have tuberculosis or those who have a high risk of developing tuberculosis. The Texas Department of Health ('I'DH) expects the contract to begin on 09/01/04, and will be awarded for a 12-month budget period. REQUIRED COUNCIL ACTION: Approval of the contract attachment and appropriation of funds. PREVIOUS COUNCIL ACTION: Council appreveq contract for FY03-04. FUNDING: The Texas Department of Health awards eligible local Health Departments contracts to provide prevention control of tuberculosis. The funding available is $149,797. There is no match funding required CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the contract attachment and appropriate funding for the elimination and control of tuberculosis in Nueces County. BACKGROUNDINFORMATION BACKGROUND: This is a renewal contract with the Texas Department of Health to provide services to prevent, treat, and control tuberculosis within Nueces County. TDH has provided grant funding to support the Health District's TB Program for many years. This past FY03-04. July 1 through August 31, the TB Program serviced 10,500 patients. The contract requires no matching funds. The contract pedod is from 911104- 8/31/05, and funds are being awarded to support staff salaries, clinic supplies, and the provision of radiological services to TB clients. DEPARTMENT OF STATE HEALTH SERVICES 1100 WEST 49TH STREET AUSTIN, TEXAS 78756-3199 STATE OF TEXAS COUNTY OF TRAVIS DSHS Document No. 7460005741 2005 Contract Change Notice No. The Department of Slate Health Services, hereinafter referred to as RECEIVING AGENCY, did heretofore enter into a contract in writing with CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITyI hereinafter referred to as PEREORMIIqG AGENCY. The parties thereto now desire to amend such contract athachment(s) as follows: SIJMMAI~Y OF TRANSAUI'ION: AWl' NO. 04 : TB - PREVENTION AND CONTROL All terms and conditions not hereby amended remain in full force and effect. EX~ECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN. CORPUS CHRISTI {CITY OFt Authorized Contracting Entity (type above if different from PERFORMING AGENCY) for and in behalf of: PER.FORMING AGENCY: CORPUS CHRISTI-NUECE~ COUNTY PUBLIC RECEIVING AGENCY: DEPARTMENT OF STATE HEALTH SERVICES HEALTH DISTRICT (CITY) By: (Signature of person autho~.xl to sign) (Name and Title) Date: RECOMMENDED: By: (PER.FORMING AGENCY Director~if different from person authorized to sign contract By: (Signature of person authorized to sign) Bob Bumetle, Director Procurement and Contracting Services Division (Name and Title) Date: Cover Page 1 DM PCSD- Rev. 6/04 DETAILS OF ATTACHMENTS A~ Pro~rmn ID/ Term Financial A.s~is~nc~ Dir~ T~ ~t ~ DSHS ~ ~si~ ~S~ S~) No. ~ N~ Be~n ~ ~ of ~nt F~* ~ 01~1~ 1~1~ 93.116 91~23.~ 0.~ 91~23.~ 01 ~1621 ~A ~~ 01~1~ 1~1~ S~93.268 ~33.~ 0.~ ~233.~ ~17~ D~/~SP 07/01/~ 03~9~ 93.988 89,010.~ 0.~ 89,010.~ 03 ~61 ~ ~/01/~ 0~1~ 149,797.~ 0.~ 149,797.~ ~ C038~5~ DSHS ~nt No.7~5741 2~5 To~s ~26~63.~ $ 0.~ ~26~63.~ ~ange No. ~ *Federal funds are indicated by a number from the Catalog of Fedexal Domestic Assistam~ (CF-DA), if applicable. R.~k~R TO BUDGET SECTION OF ANY Z~O AMOIJNT ATTACHMENT FOR Cover Page 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO ACCEPT A GRANT FROM THE TEXAS DEPARTMENT OF HEALTH IN THE AMOUNT OF $149,797 FOR TUBERCULOSIS PREVENTION AND CONTROL SERVICES 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 accept a grant from the Texas Department of Health in the amount of $149,797 for tuberculosis prevention and control services. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: July 12, 2004 Lisa Aguilar//) Assistant Cit~ttorney for City Attorney Samuel L. Neal, Jr. Mayor July 20 2004 TDH-TB.doc Corpus Christi, Texas of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garret[ Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott ORDINANCE APPROPRIATING A GRANT IN THE AMOUNT OF $149,797 IN THE NO. 1066 HEALTH GRANT FUND FROM THE TEXAS DEPARTMENT OF HEALTH FOR TUBERCULOSIS PREVENTION AND CONTROL SERVICES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant in the amount of $149,797 is appropriated in the No. 1066 Health Grant Fund from the Texas Depa~ b.ent of Health for tuberculosis prevention and control services. 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. ATFEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: July 12, 2004 Lisa Aguiler~-~~ Assistant Cit~ Attorney for City Attomey Samuel L. Neal, Jr. Mayor Corpus Christi, Texas __ day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, 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 tile date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully. Samuel L. Neal, Jr. Mayor Council Members The above ordinance was passed by the following vote: Samuel L Neal, Jr. Brent Chesney Melody Cooper Javier D. Colmenero Henry Garrett Bill Kelly Rex A Kinnison Jesse Noyola Mark Scott 13 AGENDA MEMORANDUM July 20, 2004 SUBJECT: Fire Station No. 10 1550 Home Road - Project No. 0102 AGENDA ITEM: Ordinance appropriating $12,528.00 from a Texas Commission on Environmental Quality pre-approved expenditure grant in the No. 1062 Fire Grant Fund to provide funding for groundwater cleanup activities at Fire Station No. 10; by increasing appropriations by $12,528.00; and declaring an emergency. FUNDING: Funding is available in the Fire Grant Fund upon appropriation. RECOMMENDATION: Approval of the ordinance as presented_ Angel R. ~-sco~ar, r'. Director of Engineering Services ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B. TCEQ Corrective Action Form (Pre-approved Cost) Exhibit C. Location Map H:\HOM E~KEVlNS\GEN~VlITIGATI\U ST~96U ST#2V~propdalJon Merr~ doc BACKGROUNDINFORMATION ADDITIONAL INFORMATION: Fire Station No. 10 had an underground fuel storage tank (UST) on site that has been removed. The tank was discovered to be leaking and City has been engaged in mitigation activities to achieve TCEQ closeout since 1996. TCEQ requires approval of corrective actions prior to the work beginning for the City to be eligible for reimbursement. TCEQ has been very systematic in approving the work program to ensure only the minimal necessary to achieve closure is expended. Shallow groundwater in Nueces County is generally not suitable for potable or other uses. The material that escaped from the UST has not migrated off the property, and poses no risk to the public. Historically, expenditures for UST mitigation were funded by the operating department or through dsk mitigation. These funds were reimbursed when payment was received from TCEQ (formerly TNRCC). Changes in Generally Accepted Accounting Procedures caused the City to cease using reimbursements. As a result, reimbursement notifications are treated as a grant notification requiring appropriation. PRIOR COUNCIL ACTION: March 5, 1996 - Motion authorizing the City Manager, or his designee, to execute an environmental services contract with Applied Earth Services, Inc., in an amount not to exceed $50,700.00 for mitigation of vadous leaking UST sites (M96-061)_ July 8, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 9 to the environmental services contract with Applied Earth Services, Inc., in an amount not to exceed $29,126.00 for mitigation of various leaking UST sites (M2003- 238). PRIOR ADMINISTRATIVE ACTION: Eight minor administrative amendments to the contract with Applied Earth Sciences were made as TCEQ approved additional mitigation measures. PROJECT DESCRIPTION: The grant will result in the installation of an additional monitoring well, four additional quarters of groundwater monitoring, sampling, and preparation of a report of the monitoring results. FUNDING: Appropriation of the grant is necessary pdor to expenditure. Page I of 1 H:~IOME~EVINS\G EN~MITIGATI\U ST~9~ US T#2~App ropda §on Bkg ExhA_doc 04 03:49p C~ ~ o? Corpus Christi ! i-SBi-IS04 p.5 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY LPST CORRECTIVE ACTION R SPONSE FORM 3/05/'~004 prcrpo,qa.1 ~or: O'Z'KEI - A~SI~SMB~ G~-E~AL INFO~MATI ON LPST-ID : 109850 Priority: 4.1 ~sponsible Party : CITY OF CORPUS C~RISTI Tel: 361/826-4060 Facility # & Name : 0048914 FIRE STATION 10 Facility Address : 1550 HOP, NE RD Facility City : COHI:~'$ C}~IST! County; ~u=CES ~ & Nam~ : CAPM0018B JAM~S P. HODGES RCA~ & Name : RCASO0089 APPLIED EART~ SCIENCES, INC. Proposed activity is not approved for these a~M~nistrative reasons: The approved activity is the inst~llation of one 2=-2~' m~itori~ ~11 to the ~orth of ~-1 (to pr~ide delineation ~ ~-1 ~ the ~te ~ter ~), c~letl~ of a ~r s~ey, ~d s~=t~ of ~ ~u~ ~ses~nt Re~rt - prelimfn~ pl--n~ng costs ($390) ~'re de~cted, since ~hey a~ o~y ~1~ for the initial risk-~e~ - ~ ~d the c~=s to ~llect gro~d~ter s~les fr~ ~he newly install~ ~11. '- P~ ~lysee of ~oik ~d ~o~ter shoed ~ c~let~ o~ly i~ ~H c~c~tra=i~ exc~ ~h~e previously c~ac~=riz~ for due go the ~ac~ ghau PS~ is ~re~ent a~e 15' ~s, ghe po=en=i~ for ~losive ~r ~cc~lation ~ists. A t~rough inv~stigati~ ~r rec~tors, such as ~ways, flor ~a~s, ~=ch ~s~, s~r cle~outs, ~t~r ~s, en~ of ~ergr~ unilitie~ into the building, ~lent bulling air, etc., ~h~ld ~ ~uc~ us~ a pr~rly-~librat~ c~tible gas indicator, recorded in ~rcen~ l~er ~1o~i~ limit (%x-mx-). We ~ve added 2 h~rs · $40/hour ~o c~le=e the ~r sudsy. - ~ u~ted ~sess~nt Heart Fo~. rather ~ a F~eld Activity Re,rt. ~hould ~ ~tt~ to 4~n~ c~leti~ of th~ app~ved activiti~. Y~ are r~ired =o notify the app~ria=e ~ field office no later =h~ 10 days prior =o c~ucting th~ approv~ Please s~g =he u~at~ ~ses~nt R~rt Fo~ within 90 ~s of =he date of this ~P. Page 3 Exhibit B Page I of 4 I / 04 03:49p C ~ oF Corpus Christ1 jl-uo~ .~u~ TEXAS COMMISSION ON ENVIRONMENTAL QUALITY LPST CORRECTIVE ACTION RESPONSE FORM LPS?-XD: ~09BSO 3/05/2004 Pxo'poEaL ~0~: Tc~Q TECHNICAL RESPONSE ACtIViTY COST S~'~Y Proposed Cost: 5,088.00 Ma.x:i~.mt Pre-ADproved: S,O1S.O0 Signature: ~prov&l: r~d.~y'~~ Date: &/07/O~ ?elephone: Projea~c Manager, Darc~ En~rir°nmental Group Senior ~oject ~ger, ~cy ~ro~tal Prasan%bi Bolllneni or Maria Lebron TC~Q On-slCe Representative PST Responsible Party Remedia=ion Section 512/342-85~ Exhibit B Page 2 of 4 [ dSO:C:O ~O LO ~dl: iS 04 04:2Sp C~ oF Corpus Christi t~i-S61-1SO4 p.3 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY LPST CORRF. CTIVE ACTION RESPONSE FORM LPST-I'D-. 109050 Gi~q~.P. AL INFORMaTiON LPST-ID : 109850 Prlor±ty: 4.1 Responsible Pax-ny : CITY OF CORPUS C~RISTI Tel: 361/826-4060 Facility I & Name : 0048914 F~U~ STATION 10 Fa¢ili=yAg~ress : 1550 HORNE RD ~ & N~ : CAP~400188 ~ P. HODGF.~ RCAS & Na~e : RCAS00089 ;tPPLLED EARTH SCIEN~L~, ~NC. TC~Q TECHNICAL R~SPONSE proposed activity is approve~ wic. h the roll.lng ~ifica=l~s: of ~:eS, ~d s~it=al of ~ ~.,,.1 Gr~,n~ter ~=oring Report. Wells see the attached TCEQ memo dated 7/31/03 regarding n~ groundwater mot/toting protocols. ~Please be a~axe that, due to statutory deadlines, the app~ activities mus= ~'be COmpleted and reported to this Office no later ~h=n Ma~'~-~, 2005. Failure to ~t this d~adltne may resu3.= in forfeitur~ of reimburseme~t eligibility and enforce~_nt aoCions under ~*~ter ~ of the T-~-- Water C~e. You are required ~o ~otlfy the appropriate TCE~ £ie-td office no latex ~han 10 ~ ~ays In aChrance of conducting the approved activity. .~-- We have completed our r~%riew of the Annual ~roundwater Monitoring Report dated 10/lS/03 --A accept it as submitted. HO~er, please be aw-~re that the costs ( ~Or s~ of ~he analytical sa~01es m~y non be eligible for re~n~urs--~n= due to unac=eptable reporting limi=s. We acknowledge ~b,a~ the pre-approve~ MDPE event has not ~en completed because of high wa%er levels- Please up<tats this Office a~ to ~e $=at~s of product removal efforts ac this site. Based upon a review of the available data, we re~ues= that a work plan and cos= proposal be su~ttted for =he installation o~ a PSH delineation well to the north of MW-1. If possible, =his ~ell should be installed between the iormer =a~k3aold a~ the on-site sanitary sewer line lo~ated ~o the north. In acldition, a vapor a-~-vey should be c~pleted using a ¢~mbuetible gas in0llcator or LEL meter. Please suk~t the requested proposal within 30 days of ~he date of [his Page 1 ] Exhlbltn J Page 3 of 4 d£G:£O *D SI TEXAS COMMISSION ON ENVIRONMENTAL QUALITY LPST CORRECTIVE ACTION RESPONSE FORM LPS?-T~: 1098q0 Finally; ~ &ckmo~led~e site that the ~E deuected at this site ~ay be frc~ an off-' ACTIVITY COST mro~osed Cos=: 7,513.00 ~/mum Pre-A~p~oved: 7,513.00 Signature: A~proval: S~ior P~Ject ~ager, ~r~ ~iro~cal GroUp ~ ~-~ite R~resentati~ 512/342-858S Page 2 ~hlbRB P~e4of4 File : \Mproject\counciiexhibits~exhfiresta~ilO.dwg ~,,~,~ , i~ N NUECES BAY NO. IO FIRE STATION CORPUS CHRISTI BAY 2444 PROJECT No.0102 LOCATION NOT TO SCALE MAP EXHIBIT "C" FIRE STATION #10 GROUND- WA TER CLEANUP A CTIVlTES CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPONENT OF ~GINEERING SERVIC~ PAGE: I of 1 ~TE: 07-20-2~4 ORDINANCE APPROPRIATING $12,528.00 FROM A TEXAS COMMISSION ON ENVIRONMENTAL QUALITY PRE-APPROVED EXPENDITURE GRANT IN THE NO. 1062 FIRE GRANT FUND TO PROVIDE FUNDING FOR GROUNDWATER CLEANUP ACTIVITIES AT FIRE STATION NO. 10 BY INCREASING APPROPRIATIONS BY $12,528.00; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Appropriating $12,528.00 from the Texas Commission on Environmental Quality Pre-Approved Expenditure Grant in the No 1062 Fire Grant Fund to provide funding for groundwater cleanup activities at Fire Station No. 10. SECTION 2. Funding for groundwater cleanup activities at Fire Station 10 is increased by appropriating $12,528.00. 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 City Secretary APPROVED: ~ntB U~l;k~ ,~AJ r~ ~ m~ y ~ For City A~torney ,2004 Samuel L Neal, Jr. Mayor Llurie~JohnBurke\OrdiuanceRe~ppro 4 fire grant l-und.lla Corpus Christi, Texas Day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, 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 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 Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 14 AGENDA MEMORANDUM DATE: July 20, 2004 SUBJECT: Wastewater Collection Facility Maintenance Building No. 5 Roof Modifications (Project No. 7306) AGENDAITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to D & R Sales Company, Inc. of Corpus Christi, Texas in the amount of $39,903 for Wastewater Collection Facility Maintenance Building No. 5 Roof Modifications. ISSUE: The existing roof structure of the Wastewater Collection Facility Maintenance Building No. 5 is old and deteriorated. It has reached the end of its useful life; and requires replacement. FUNDING: Funds to finance the proposed project are available in the FY 2003-2004 Wastewater Operating Budget. RECOMMENDATION: Staff recommends approval of the Motion as presented. Foster Crd'weil, Director of Wastewater Services scobar, P. E., Director of Engineering Services Additional Sul31~ort Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhibit"C" Project Budget Exhibit "D" Location Map BACKGROUNDINFORMATION SUBJECT: Wastewater Collection Facility Maintenance Building No. 5 Roof Modifications (Project No. 7306) PRIOR COUNCIL ACTION: 1. Februa~ 10, 2004 - Approval of the Capital Improvement Program FY 2003-2004 (Ordinance No. 025647). PRIOR ADMINISTRATIVE ACTION: 1. April 8, 2004 - Administrative Approval of Small NE Agreement with ArchitecTKO (Terry K. Orr, A. I. A.) of Corpus Christi, Texas in the amount of $5,835 for the Wastewater Collection Facility Maintenance Building No. 5 Roof Modifications. PROJECT BACKGROUND: Facility Maintenance is unable to stop the numerous leaks in the Wastewater Collection Facility Maintenance Building roof. The current roof structure is old and deteriorated and has reached the end of its useful life. Water leaking into the building is dangerous to the equipment and interior of the building. PROJECT DESCRIPTION: The project consists of removal of existing metal roof, partial rake, gutter trim and replace with new, removal and reinstallation of existing roof vents and roof accessories and other miscellaneous items of work as required to complete the project in accordance with the plans, specifications and contract documents. BID INFORMATION: The City received proposals from three (3) bidders on July 14, 2004. See Exhibit "B" Bid Tabulation. The Base Bid ranges from $38,053 to $42,070; and the Additive Alternate No. 1 ranges from $1,850 to $5,948. The Engineer's estimated construction cost for the project is $58,650. The City's consultant, ArchitecTKO, and City staff recommend that the Total Base Bid and Additive Alternate No. 1 be awarded in the amount of $39,903 to D & R Sales Company, Inc. of Corpus Christi, Texas for the Wastewater Collection Facility Maintenance Building No. 5 Roof Modifications Project. CONTRACT TERMS: The contract specifies that the project will be completed in 90 calendar days, with compietion anticipated by November 2004. EXHIBIT "A" I Page 1 of 1 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Services DAI'~: Wednesday, July 14, 2004 ENGINEER'S ESTIMATE: TIME OF COMPLETION: 90 Cal. Days WAST'EWATER COLLECTION FACILITY MAINTENANCE BUILDING NO, 5 ROOF MODIFICATIONS (PROJECT NO. 7306) ITEM DESCRIPTION Q'FY. UNIT Removal of exis§ng metal roof, partial rake, gufter him and replaoe with new, removal and retnsl~llatJon of exisUng roof vents and roof a~es and other miscellaneous items of wc~k as required to complete the project in accordance w~th the plans and specifications and Addendum No. 1; complete and In plac~ per BB-I lump sum. 1 LS. D & R Sales Company, Inc, P. O. Box 270060 Corpus Christi, TX 78427-0060 UNIT PRICE AMOUNT $33,553.00 EGR Construction, Inc. P. O. Box 270~6,8 Corpus Christi, TX 78427-06~8 UNIT PRICE AMOUNT $36,850.00 SechHst-Hall Company P. O. Bo][ 5207 Cool, US Chrtsfl, TX 78465 UNIT PRICE AMOUNT $37,570.00 Mandatory Allowance for insula§oq replacemenl, BB-2 as needed, complete and In place per lump sum. 1 L.S. Tol~l Base Bid $4,500.00 $38,053.00 $4,500.00 ~41,350.00 $,42,070.0O Additive AJlemate No. 1 AddlUve Alternale Lo replace Items scheduled f~ reuse (see base bid requirements), with new. Those scheduled Items Include (see keynote list o~ drawing sheet 2 of 4, DEMOLITION ROOF PLAN and sheet 3 of 4, ROOF PLAN) exisUng roof gravity vents, exisUng r~ke trim, existing eave t~m and gutter, exletJng downspout and exlsUng roof exhaust vent, complete and in place AA-I per lump sum. 1 L.S. $%850.00 $2,150,00 PROJECT BUDGET WASTEWATER COLLECTION FACILITY MAINTENANCE BUILDING NO. 5 ROOF MODIFICATIONS (Project No. 7306) July 20, 2004 FUNDS AVAILABLE: Wastewater ........................................................... $57,328.00 FUNDS REQUIRED: Construction (D & R Sales Company, Inc.) ....................... Contingencies (10%) ................................................... Contingencies (ArchitecTKO) ....................................... Engineering Reimbursements ....................................... Construction Inspection Activib/ ................................... Misc. (Printing, Advertising, etc.) .................................... Total ....................................................................... $39,903.00 3,990.00 5,835.00 2,500.00 3,600.00 1,500.00 $57,328.00 IEXHIBIT "C" I Page 1 of 1 H: \ Mproject \ councilexhibits \ e xh T.]O6, dwg PROJECT LOCATZON 5352 Ayecs LOCATION MAP PROJECT # 7306 HOLLY ROAD WC~NZTY NOT TO EXHIBIT "D" WASTEWA TER COLLECTION FACILITY MAINTENANCE BUILDING NO. 5 ROOF MODIFICATIONS CZTY COUNCZL EXHZBIT cl'h' OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 07/14/2004 15 AGENDA MEMORANDUM DATE: July 20, 2004 SUBJECT: New Oak Park Elementary School (Solomon Coles Elementary School) Utility Improvements (Project No. 7311 ) AGENDAITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to King-Isles, Inc. of Corpus Chdsti, Texas in the amount of $234,657 for the new Oak Park Elementary School (Solomon Coles Elementary School) Utility Improvements. ISSUE: The Corpus Chdsti Independent School Distdct plans to construct a new school on the site of the existing Tally Ho Motel, located at the intersection of Leopard Street and Villa Street. The proposed project will provide water and wastewater utility improvements to serve the new facility. FUNDING: Funds to finance the proposed project are available in the FY 2003-2004 Wastewater and Water Operating Budget. RECOMMENDATION: Staff recommends approval of the Motion as presented. Foster Cro~'ell, Director of Wastewater Services Director of Engineering Services artment Additional Sur)l~ort Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit"D" Location Map BACKGROUND INFORMATION SUBJECT: New Oak Park Elementary School (Solomon Coles Elementary School) Utility Improvements (Project No. 7311 ) PRIOR COUNCIL ACTION: 1. July 22, 2003 - Approval of the Capital Operating Budget FY 2003-2004 (Ordinance No. 025394). PRIOR ADMINISTRATIVE ACTION: 1. May 17, 2004 - Executed Small NE Agreement with MEI Mavedck Engineering, Inc. for a total fee not to exceed $24,995 for the new Oak Park Elementary School (Solomon Coles Elementary School) Utility Project. PROJECT BACKGROUND: The Corpus ChdstJ Independent School District plans to construct a new school on the site of the existing Tally Ho Motel, located at the intersection of Leopard Street and Villa Street. The name of the new school will be Oak Park Elementary School. The existing Solomon Coles Elementary School located at the comer of IH 181 and IH 37 will be demolished. The proposed project will provide water and wastewater utility services for the proposed Oak Park Elementary School. There will be a 6-inch and 8-inch water line and an 8-inch sanitary sewer line. The new utility lines will be installed to serve the new facility. Completion of this project will re-route the wastewater system onto a larger capacity line to avoid future system overloads. PROJECT DESCRIPTION: The project consists of construction of approximately 1,171 linear feet of new 8-inch diameter PVC sanitary sewer line and five (5) fiberglass sanitary manholes; approximately 1,448 linear feet of new 8-inch and 6-inch diameter PVC C900 water lines and appurtenances; asphalt pavement repair and traffic control; together with all appurtenances as shown on the plans and called for in the specifications and contract documents. BID INFORMATION: The City received proposals from five (5) bidders on July 14, 2004. See Exhibit "B" Bid Tabulation. The bids range from $234,657 to $301,132. The Engineer's estimated construction cost for the project is $375,277. The City's consultant, MEI Mavedck Engineering, and City staff recommend that the Total Base Bid be awarded in the amount of $234,657 to King-Isles, Inc. of Corpus Chdsti, Texas for the Solomon Coles Elementary School Utility Improvements Project. King-Isles, Inc_ has successfully competed numerous projects for the City of Corpus Chdsti. CONTRACT TERMS: The contract specifies that the project will be completed in 45 calendar days, with completion anticipated by November 2004. EXHIBIT "A" Page 1 of I I r11 Ill PROJECT BUDGET NEW OAK PARK ELEMENTARY SCHOOL (SOLOMON COLES ELEMENTARY SCHOOL) UTILITY IMPROVEMENTS (Project No. 7311) July 20, 2004 FUNDS AVAILABLE: Wastewater ............................................................ Water .................................................................... Total ...................................................................... FUNDS REQUIRED: Construction (K~ng-lsles, Inc.) ...................................... Contrngenc~es (10%) ................................................... Contingencies (MEI Maverick Engineering) ...................... Engineering Reimbursements ..................................... Construction Inspection Activity .................................. Misc. (Printing, Advertising, etc.) ................................... Total ..................................................................... WASTEWATER $170,323.30 0.00 $170,323.30 $134,978.00 13,497.80 12,497.50 1,500.00 7,100.00 750.00 $170,323.30 WATER $0.00 130,594.40 $130,594.40 $99,679.00 9,967.90 12,497.50 1,500.00 6,200.00 750.00 $130,594.40 TOTAL $170,323.30 130,594.40 $300,917.70 $234,657.00 23,465.70 24,995.00 3,000.00 13,300.00 1,500.00 $300,917.70 EXHIBIT "C" Page 1 of 1 I File : \Mproject\councilexhibits\exh?$11.dwg NUECES BAY LOCATION MAP NOT TO SCAJ_E N PROJECT LOCATION CORPUS CHRIS~ BAY PROJECT SITE /'LEO?ARql CITY PROJECT No. 7311 ,.,/Tom ~ark. / Grah arrive 4 Woodl aw~ -, -.. p a r k / '--..~p..a r k_/__~ VICINITY MAP NOT TO SCALE N EXHIBIT "O" NEW OAK PARK ELEMENTARY SCHOOL (SOLOMON COLES ELEMENTARY SCHOOL) UTILITY IMPROVEMENTS CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 07-20-2004 16 AGENDA MEMORANDUM DATE: July 20, 2004 SUBJECT: O. N. Stevens Water Treatment Plant Wash Water System · Padre Island Pump Station Pumping Capacity (Project No_ 8363) · Phase 2 - Filter Drain, Yard Piping, Wash Water Filter to Waste (Project No. 8375) · Phase 3 - Elevated Water Storage Tank (Project No. 8376) AMENDMENT NO. '11 AGENDA ITEM: Motion authorizing the C~ Manager, or his designee, to execute Amendment No. 11 to the Contract For Professional Services with LNV Engineering for a total fee of $438,250, for a total re-stated contract fee of $2,638,594, for the O. N. Stevens Water Treatment Plant Wash Water System Project: · Padre Island Pump Station Pumping Capacity · Phase 2 - Filter Drain, Yard Piping, Wash Water Filter to Waste · Phase 3 - Elevated Water Storage Tank ISSUE: The proposed Amendment No. 11 provides the following services: · Basic and Additional Services to provide pump station design improvements to assist in alleviating current pressure issues on Padre Island · Additional Services for the O. N. Stevens Water Treatment Plant Wash Water System Project, Phase 2, Filter Drain, Yard Piping, Wash Water Filter to Waste · Additional Services for the O. N. Stevens Water Treatment Plant Wash Water System Project, Phase 3, Elevated Water Storage Tank. The proposed Amendment surpasses the maximum limit of $25,000 for an administrative approval; and therefore, requires Council Action. FUNDING: Funding is available from the Water Capital Improvement Budget. )MMEND(~Staff recommends approval of the motion as presented. t~'~Angel R. Escobar, P. E., Director of Water Department Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Location Map BACKGROUND INFORMATION SUBJECT: O. N. Stevens Water Treatment Plant Wash Water System · Padre Island Pump Station Pumping Capacity (Project No. 8363) · Phase 2 - Filter Drain, Yard Piping, Wash Water Filter to Waste (Project No. 8375) · Phase 3 - Elevated Water Storage Tank (Project No. 8376) AMENDMENT NO. 11 PRIOR COUNCIL ACTION: 1. September 9, 1997 - Approval of motion to amend Section 4 of the Master Water Plan (Motion No. M97-246). 2_ September 9, 1997 - Approval of amendment of the City of Corpus Chdsti Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050). 3. December 14, 1999 - Motion authorizing the City Manager, or his designee, to execute an Engineering Services Contract with LNV Engineering, Inc. in the amount of $143,000 for the O. N. Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade) and O.N. Stevens Water Treatment Plant Wash Water System Phase 1, Filters 1 - 22 Rehabilitation (Motion No. M99-422). 4. May 9, 2000 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Engineering Services Contract with LNV Engineering, Inc. in the amount of $214,100 for the O. N. Stevens Water Trea~nent Plant Wash Water System Phase 1, Filters 1 - 22 Rehabilitation stage two design work (Motion No. M2000-135). 5. November 14, 2000 - Motion authod7_Jng the City Manager, or his designee, to execute Amendment No. 3 to the Engineering Services Contract with LNV Engineering, Inc. in the amount of $1,640,814 for the O_ N. Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade) and O. N. Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste) and Phase 3 (Elevated Storage Tanks) (Motion No. M2000- 401). 6. December 12. 2000 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Eagle Contracting for a total fee not to exceed $4,634,000 for the O. N. Stevens Water Treatment Plant Wash Water System, Phase 1 Filter Media Replacement Project. 7. December 10, 2002 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Laughlin-Thyssen, Inc. for a total fee not to exceed $8,920,125 for the O. N. Stevens Water Treatment Plant Wash Water System, Phase 2 (Filter Drain, Yard Piping, Filter to Waste) Project. EXHIBIT "A" I Page 1 of 6 PRIOR COUNCIL ACTION (continued): 8. December 13, 2003 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 2 with Laughlin-Thyssen, Inc. in the amount of $46,928 for the O.N. Stevens Water Treatment Plant Wash Water System, Phase 2 (Filter Drain, Yard Piping, Filter to Waste) Project (Motion 2003-466). 9. February 10, 2004 -Approval of the FY 2003 - 2004 Capital Improvement Budget for $173,624,300 (Ordinance No. 025647). 10. Apdl 27, 2004 - Motion authorizing the City Manager, or his designee, to execute Change Order No_ 5 with Laughlin-Thyssen, Inc. in the amount of $159,401.79 for the O. N Stevens Water Treatment Plant Wash Water System, Phase 2 (Filter Drain, Yard Piping, Filter to Waste) Project. 11. Apdl 13, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 10 to the Engineering Services Contract with LNV Engineering, Inc. for a total fee of $71,600, for a total re-stated contract fee of $2,200,344, for the O. N. Stevens Water Treatment Plant Wash Water System Project, Phase 2, Filter Drain, Yard Piping, Wash Water Filter to Waste (Motion No. M2004-137). 12. June 8, 2004 - Ordinance appropriating $1,857,606.51 from the unappropriated bond proceeds and unappropriated interest eamings from Water 1995 CIP Fund 4082; and appropriating in Water CIP Fund 4082 for the Padre Island Pumping Plant Improvements project; amending capital budget adopted by Ordinance No. 025647 by increasing appropriations by $1,857,606.51; and declaring an emergency (Ordinance No. 025781 ). 13. June 8, 2004 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 6 with Laughlin-Thyssen, Inc. of Houston, Texas, in the amount of $1,816,491.94 for the Padre Island Pumping Plant Improvement project (Motion No. M2004-219). PRIOR ADMINISTRATIVE ACTION: 1. September 22. 2000 - Administrative approval of Amendment No. 2 to an engineering services contract with LNV Engineering, Inc. in the amount of $14,000 for the O. N_ Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade) and ON Stevens Water Treatment Plant Wash Water System Phase 1, Filters 1 - 22 Rehabilitation for hydraulic profiles. 2. November 7, 2001 - Administrative approval of Amendment No. 4 to the Engineering Services Contract with LNV Engineering, Inc_ in the amount of $19,990 for the O. N. Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade). 3. December 10, 2001 - Administrative approval of Amendment No. 5 to the Engineering Services Contract with LNV Engineering, Inc_ in the amount of $14,990 for the O. N. Stevens Water Treatment Plant Wash Water System Phase 1, Filters 1 - 22 Rehabilitation project. EXHIBIT "A" I Page 2 of 6 PRIOR ADMINISTRATIVE ACTION (continued): 4. Auqust 19, 2002 - Administrative approval of Amendment No. 6 to the Engineering Services Contract with LNV Engineering, Inc. in the amount of $16,500 for the O. N. Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade) for inspection services. 5. September 13. 2002 - Administrative approval of Amendment No. 7 to the Engineering Services Contract with LNV Engineering, Inc. in the amount of $15,500 for the O. N_ Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste) for additional design services. 6. Julv 22, 2003 - Administrative approval of Amendment No. 8 to the Engineering Services Contract with LNV Engineering, Inc. in the amount of $24,900 for the O. N. Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste) for additional design services. 7. Au(~ust 1,2003 - Administrative approval of Change Order No. 1 to the construction contract with Laughlin-Thyssen, Inc. of Houston, Texas in the amount of $200 for the O. N. Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste) project. 8. January 12, 2004 - Administrative approval of Change Order No. 3 to the construction contract with Laughlin-Thyssen, Inc. of Houston, Texas in the amount of $24,883.60 for the O. N. Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste) project. 9. January 12, 2004 - Administrative approval of Amendment No. 9 to the Engineering Services Contract with LNV Engineering, Inc. in the amount of $24,950 for the O. N. Stevens Water Treatment Plant Wash Water System Phase 3 Elevated Tank for inspection services. 10. February 26. 2004 - Administrative approval of Change Order No. 4 to the construction contract with Laughlin-Thyssen, Inc. of Houston, Texas in the amount of $21,665.89 for the O. N. Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste) project. BACKGROUND INFORMATION: The original project was approved by Council as part of the FY 2000-2001 Capital Improvement Budget. LNV Engineering, Inc. was hired to provide operation improvements at the O. N. Stevens Water Treatment Plant and four (4) construction contracts were developed to complete this requirement. The approved projects are as follows: 1. Wash Water System Phase 1 - Filter Media Replacement of Filters 1-22 - Project Complete March 15, 2002 2. Wash Water System Phase 2 - Filter Drain, Yard Pipincl, Wash Water Filter to Waste. - Under construction; anticipated completion date October 2004 3. Wash Water System Phase 3 - Elevated Tank - Under construction; anticipated completion date May 2004 EXHIBIT"A" Page 3 of 6 4. Additional Pump for Hiqh Service Pump Buildinq No. 2 Pump Modifications - Project Complete Apdl 2004 AMENDMENT NO. 11: Amendment No. 11 will provide for Basic and Additional Services as follows: Padre Island Pump Station Improvements - Provide Basic Services excluding Preliminary and Bid Phase Services to provide a pump station design to assist in alleviating current pressure issues on the Island. In place of bid services, Consultant will negotiate the Change Order with the Contractor. Additional Services include Inspection Services, Warranty, and Resident Project Engineer. O. N. Stevens Water Treatment Plant. Phase 2, Filter Drain, Yard Piping, Wash Water Filter to Waste ~fl~/V-FVV) - Consultant will provide the following: · Evaluate valve box at Up River Road and Rand Morgan Road and recommend water proofing valve box and drainage box. · Evaluate Plant Air (compressed) system and training on operation and maintenance of system. Evaluate existing drainage conditions of the O. N. Stevens Water Treatment Plant access roads and provide drainage improvements as well as rehabilitation of pavement (curb inlets). Also, design drainage improvements for the area surrounding the Wash Water Retum Pit consisting of grate inlets and storm sewer pipe. Evaluate repairs needed at the West LAS and containment area consisting of raising storage tanks and adding new pads to replace badly corroded pads, raising all foot supports and re-grouting, resurfacing all deteriorated concrete and seal with chemical resistant coating, replacing all existing galvanized unistrut with s.s. unistrut and s.s. hardware, replacing all galvanized conduit with Plastibond Conduit, and replacing transfer pump base support. · Evaluate the fluodde tank and pump board configuration and specification on coating for building. · Evaluate flow and level transmitters relocation at the East LAS, Alum, and polymer tanks. O. N. Stevens Water Treatment Plant, Phase 3, Elevated Tank - Additional Inspection Services are required for the Certified Weld Inspector on this project at the City's request. The need is due to repeated test failures of welds on the tank and an extraordinary amount of time required to inspect the welds on the tank. The EXHIBIT "A" I Page 4 of 6 original schedule estimated an erection completion date of January 15, 2004. The actual completion date for erecting the tank was May 24, 2004. PADRE ISLAND PUMP STATION BACKGROUND: The odginal recommended shod-term Padre Island Pump Station (PIPS) improvements were meant to allow for a quick addition of a single 250-300 HP pump to allow significant improvement in the ability to maintain distribution system pressure for summer 2004. The recommended improvements consisted of; · One (1) new 4,000 gpm pump on a pad adjacent the existing pump building. · Connection to the existing 18-inch diameter pump suction headerwith a shod length of pipe and a tee. · Temporary power feed for the new pump located in the existing pump building. · A new 18 to 24-inch diameter discharge header. · A standby generator, The estimated cost for the odginal scope was estimated at $1,000,000. Due to the shod lead time of having additional pump capacity by June 30, 2004, the City Council was informed at the March 30, 2004 meeting, that a change order to an existing contract was necessary to achieve this. After review by the Texas Commission on Environmental Quality (TCEQ), requirements for permanent improvements were mandated. Two pumps are now required for redundancy purposes. The requirement to power two pumps made temporary electrical gear impractical, and thus an electrical building was included in the improvements. Three pumps will be required to give the firm capacity required through the year 2010 and beyond. Therefore, the pump suction and discharge headers were designed to accommodate a total of three pumps. Noise became an issue for the neighbors dudng a ddlling operation on the pump station site, and thus the pump foundation was made integral with the electrical building foundation, and a future pump enclosure with a monorail crane was planned. Due to the potential for pumping at a rate in excess of 12 mgd, the existing 12-inch diameter pump station supply line was entirely inadequate, requiring a new 24-inch diameter supply line and new larger tank taps on both ground storage tanks. In summary, the differences in the PIPS pump station improvements project are as follows: · Two (2) new 4,000 gpm pumps on a foundation for a future building. · New 36-inch diameter steel suction header for three (3) pumps. · New 30-inch diameter steel discharge header for three (3) pumps. · New climate-controlled electrical building and electrical gear. · New 24-inch inlet and outlet with associated piping on the 750,000-gallon tank. · New 24-inch piping to the 400,000-gallon tank. · New 20-inch outlet with associated piping on the 400,000-gallon tank. · New tank fill control valve station. EXHIBIT "A" I Page 5 of 6 The pump station improvements will allow the City to meet the peak hour demand of 13- mgd for the year 2005; however, a third pump will be required to provide the additional TCEQ-mandated pumping capacity. With other distribution system improvements, the two pumps will meet peak flow demands up to and beyond the year 2010, and the three pumps will provide sufficient capacity to meet the year 2015 estimated peak hour demand of 15.5 mgd. This capacity (15.5 mgd) is far greater than the current pump station capacity of 1.6 mgd. It is important to note that the pumps only represent pumping capacity, and that supply capacity to the pumps must still be addressed with other projects such as pipeline crossings, elevated storage, and ASR. City forces have already made two (2) 20 inch taps into the existing 24 inch main on SPID, and have laid a 24 inch line down Villa Mada Isabel road to the northwest comer of the PIPS site. In addition, to help address pressure issues, City forces will be installing over 3,100 linear feet of 12 inch waterline in Park Road 22 ROW, beginning at Whitecap Boulevard and ending near Medda Drive. In order to expedite the construction schedule, City Engineering Services, Laughlin- Thyssen, and the Consultant Engineering team coordinated the procurement of equipment that required long delivery times. These items included the pump and motors, electrical equipment, and piping. The total matedal authorized (verbally) to date is $630,774. Through on-going negotiations with the Contractor, for an additional $175,000.00, the entire pump station structure can be built (walls, roof, overhead crane). Completion of the pump station will assist in dampening the noise produced by the new pumps. Construction completion date is September 15, 2004 for all PIPS construction. However, the goal is to have one pump operational by June 30, 2004. This will be accomplished by using a temporary pump, motor, valves, piping, and controls at an additional cost of $35,670. This temporary pumping system will be utilized until the proposed improvements are complete. This project will provide an improvement to pressures, but not supply to the island. This pump station is designed to be used in conjunction with supply improvements; and it is the first step in upgrading the island's water infrastructure. FUNDING: Funds for this project are available from the FY 2003 - 2004 Water Capital Improvement Budget. EXHIBIT "A" Page 6 of 6 I PADRE ISLAND PUMP STATION 14201 SAND DOLLAR DRIVE N CORPUS CHRISTI BAY F~L 43 2444 PROJECT No. 8363 LOCATION IVIAP NOT TO SCALE EXHIBIT "B" Padre Island Pump Station Pumping Capacity CITY OF CORPUS, CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEP~ENT~ ENGINEERI~ SERViC~ PAGE: I of 2 ~TE: 07/20/2~4 O.N. STEVENS WATER TREATMENT PLANT 13101 UP R~E'R ROAD NUECES 8AY CHRISTI I ] c.c.,. Nf~OI~T LOCATION I,(AP NOT TO S~E EXlSTING ELEVA TED WASH WA TERL ~ SUBSTATION ~.~. HOLDING TANK I ~ ~. ~ o BOOSTER PU~P ~ ~ ~h F k I HI SE~CE PUMP L J PROPOSED ELEVATED TANK BUILDING No. 2 PROJECT # 8375,8376 PLAN VZEW O.N. STEVENS WATER TREATMENT PLANT NOT TO SCALE EXHZBZT "B" O.N. Stevens Wash Water Syste Project, Elev. Wtr. Stor. Tank Ph.3 Fllter Drain, Yard Piping, Wash Water Fllter to Water Ph. 2 CITY COUNCIL EXHIBIT ~ CITY OF CORPUS CHRISTi. TEY. AS DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 Of 2 I __---_ DATE: 07/20/2004 ~ 17 CITY COUNCIL AGENDA MEMORANDUM DATE: July 20, 2004 SUBJECT: Laguna Madre Service Area Collection System Rehabilitation (Parent Project No. 7098) AMENDMENT NO. 3 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the Contract For Professional Services with Goldston Engineering, Inc. in the amount of $142,900, for a total restated fee of $867,770, for the Laguna Madre Service Area Collection System Rehabilitation. ISSUE: The proposed Amendment No. 3 is necessary to prepare construction plans, specifications, bid and contract documents for Stage 2, Part C Services - Sewer Rehabilitation Project. The total fee of $142,900 exceeds the $25,000 contract limit; and requires City Council approval. FUNDING: Funding is available from the FY 2003-2004 Capital Improvement Program. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Croweli, Director of Wastewater Department /¢PF-'Angel R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Location Map BACKGROUNDINFORMATION SUBJECT: Laguna Madre Service Area Collection System Rehabilitation (Parent Project No. 7098) AMENDMENT NO. 3 PRIOR COUNCIL ACTION: 1. January 27, 1998: Award of an engineering contract in the amount of $397,587 to Goldston Engineering, Inc. for the Laguna Madre Service Area: Collection System Rehabilitation (Motion No. M98-013). 2. October 12, 1999 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Engineering Services Contract with Goldston Engineering, Inc. in the amount of $77,708 to expand the scope of services of the Laguna Madm Service Area Collection System Rehabilitation Project to include additional services for Closed Circuit Television Inspection (Motion No_ M99-356). 3. Apdl 16, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 for Stage 2 services to the engineering contract with Goldston Engineering, Inc. in the amount of $249,575 for the Laguna Madre Service Area Collection System Rehabilitation Project (Motion No. M2002-100). PRIOR ADMINISTRATIVE ACTION: 1. Februa~ 18, 1998 - Executed Geographic Information System (GIS) Data Shadng Agreement with Goldston Engineering, Inc. 2. May 5, 1999 - Executed Agreement for Consultant Services with Fugro South, Inc. in the amount of $4,627.50. 3. July 23, 1999 - Executed Amendment No. 1 to the Agreement for Consultant Services with Fugro South, Inc. in the amount of $2,700 for a total re-stated fee of $7,327.50. FUTURE COUNCIL ACTION: Approval of required construction contract. BACKGROUND: The Laguna Madre Wastewaster Treatment Plant serves the Flour Bluff area of the City. Because Flour Bluff is a Iow-lying area with primarily sandy soils, the majodty of the sanitary sewers are in wet conditions because of the high groundwater table. Even dudng periods of negligible rainfall, tidal conditions can keep the groundwater level high. The majodty of the sanitary sewers in Flour Bluff are old and constructed using pipe materials and joints that are no longer considered acceptable_ Therefore, groundwater entem the pipe through joints and cracks in the pipe materials. Also, the manholes were constructed using bdck and mortar. The mortar chemically reacts with the gases created by the sewage and deteriorates, leaving openings in the manholes for additional infiltration of groundwater. EXHIBIT "A" I Page 1 of 3 To formulate a long-range program for reducing the amount of infiltration, the City contracted Goldston Engineering, Inc. Goldston Engineering, Inc_ has completed Stage 1 services of the contract. Stage 1 services allowed the consultant to isolate and evaluate the sources of inflow and infiltration in three (3) phases as follows: · Evaluation and Data Review Phase · Sanitary Sewer Overflow Study and Analysis Phase · Abatement Plan Phase Amendment No. I allowed Goldston Engineering, Inc. to provide oversight and hire a sub-consultant to perform closed circuit television (CCTV) inspections services. The CCTV inspection consisted of intemal color television inspection of pipes on VHS format tapes. Included with the tapes are inspection logs of the line segments televised. The logs show the entire line segment, including all connections, defects, infiltration, roots, grease, etc. The information collected through the CCTV inspection assist the consultant in preparation of detailed plans and specifications for a proposed construction project to remedy collection system deficiencies. Amendment No. 2 allowed Goldston Engineering, Inc. to provide two (2) Parts (A and B) Stage 2 services including Part A: Preliminary Phase, Design Phase, Bid Phase, Construction Phase, and Part B: Data Review and Implementation Plan Update services. A sequence of phased projects to rehabilitate, replace, and/or clean lines in the problem areas will be developed in Part B. Remediation work as a result of both parts of this amendment will be done to improve the capacity of lines within existing wastewater collection systems in the Laguna Madre Service Area by reducing/eliminating extra water from extraneous sources. AMENDMENT NO. 3: Amendment No. 3 will allow Goldston Engineering, Inc. to provide the following: Sta.cle 2, Part C Sewer Rehabilitation Project - The City Wastewater Department has identified several deficient collection system lines and manholes that require replacement or rehabilitation including: The force main from the Military Ddve Lift Station to the Laguna Madre Wastewater Treatment Plant Lift Station along Jester Street. The existing line is within the Jester Street ROW. A boring crossing will be required at the NAS Ddve intersection. 2. The six manholes on the sewer line from Waldron Road to Cline Road shall be rehabilitated or replaced. There are several housing structures located on NAS-Corpus Chdsti near the south fence line that have been demolished. There are several sewer connections and cleanouts that remain in the area of the demolished structures EXHIBIT "A"I Page 2 of 3 that contribute excessive amounts of inflow during rain events. The existing lines that are required to remain in service shall be rerouted as required. The existing lines that are not required shall be plugged at the fence line. Coordination will be required with the NAS-CC Public Works personnel. The existing gravity line that serves the Travel Trailer Lift Station shall be rehabilitated or replaced. The existing gravity line that extends along Laguna Shores and then crosses under SPID is designed as a siphon that has been a high maintenance problem. Two altematives will be analyzed to eliminate this maintenance problem. The existing gravity line that runs from Oberste Street to First National Blvd. along Compton Road shall be rehabilitated or replaced. EXHIBIT "A" I Page 3 of 3 \ Mpro]ect \ councilexhibits \ exh / Og~. dwg San Patricio County N NUECES BAY CORPUS CHRISTI BAY Nueces County LAGUNA MADRE SERVICE AREA PROJECT # 7098 EXHZBZ T "B" LAGUNA MADRE SERVICE AREA COLLECTION SYSTEM REHABILITATION CITY' OF CORPUS CHRIS'I~, TEXAS CITY COUNCIL EXHIBIT DEPAR~ENT OF ENGINEERING SERVICES PAGE: I of 1 ~: 05/22/2~3 18 CITY COUNCIL AGENDA MEMORANDUM DATE: July 20, 2004 SUBJECT: Packery Channel Boat Ramp Project (Project No. 5122) RATIFICATION OF AMENDMENT NO. I AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Ratification of Amendment No. 1 to the Contract For Professional Services with URS Corporation of Houston, Texas in the amount of $15,239.20, for a total restated fee of $40,161.64, for the Packery Channel Boat Ramp Project. ISSUE: The proposed Ratification of Amendment No. 1 provides for design phase services of the boat ramp associated with the Packery Channel Project. The total fee restated of $40,161.64 exceeds the $25,000 contract limit; and requires City Council approval. FUNDING: Funding is available from the FY 2003-2004 Capital Improvement Program. RECOMMENDATION: Staff recommends approval of the motion as presented. ,~,ngel R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Location Map BACKGROUNDINFORMATION SUBJECT: Packery Channel Boat Ramp Project (Project No. 5122) RATIFICATION OF AMENDMENT NO. '1 PRIOR COUNCIL ACTION: City Council actions have been numerous conceming the Packery Channel Project; however, several of the major actions are as follows: · March 2000 - The City becomes local sponsor · Apdl 7, 2001 - City Council places tax-incremental financing issue on the ballot and the voters approve creation of a tax-incremental financing district. · February 14, 2003 - City Council and the Texas General Land Office approve a Project Cooperation Agreement that provides a grant of $1,275,000 to the City for the project. PRIOR ADMINISTRATIVE ACTION: Several administrative contracts have been awarded to address: · Pre-Project Issues · Partnering Meetings · Technical Reviews · Consultations with the U. S. Corps of Engineers · Develop materials that the City was responsible to provide Those contracts include: · June 23, 2000 - Award of Engineering Services Contract in an amount of $14,940 to Felix Oca~as, P.E. for the North Padre Island Storm Damage Reduction and Environmental Restoration Project (No. 2123) FY2000-2001. · June 25, 2001 - Award of Engineering Services Contract in an amount of $14,800 to Shiner, Moseley & Associates, Inc. for the Packery Channel Restoration Project. · September 6, 2001 - Award of Engineering Services Contract in an amount of $22,240 to Felix Oca~as, P.E. for the North Padre Island Storm Damage Reduction and Environmental Restoration Project (No. 2123) F'Y2001-2002, · October 16, 2001 - Award of Amendment No. 1 to Engineering Services Contract in an amount of $10,200 to Shiner, Moseley & Associates, Inc. for the Packer,/ Channel Restoration Project - Partnering, Technical Review and U. S. Corps of Engineers Consultation. · October 31, 2001 - Award of Architectural Services Contract in an amount of $15,000 to RandalI-Porterfleld Architects, Inc. for the North Padre Island Storm Damage Reduction and Environmental Restoration Project FY2000-2001. EXHIBIT "A" I Page 1 of 4 PRIOR ADMINISTRATIVE ACTION {continued) · December 14, 2001 - Award of Surveying Services Contract in the amount of $17,620 to Pyle & Associates, Inc. for the Packer,/Channel Restoration Project. · January 28, 2002 - Award of Engineering Services Contract in the amount $19,376.32 to URS Corporation for design services to prepare construction documents, plans and specifications for use by the U. S. Corps of Engineers to install utility casings to cross Packery Channel. · May 6, 2002 - Award of Amendment No. 1 to Surveying Services Contract in the amount of $5,005 to Pyle & Associates, Inc. for the Packery Channel Restoration Project. · Auqust 28, 2002 - Award of Amendment No. 3 to Engineering Services Contract in the amount of $15,000 to Shiner, Moseley & Associates, Inc. for the Packery Channel Restoration Project. · September 24, 2002 - Award of Agreement for Construction Materials Engineering Laboratory's Inspection and Material Testing Services in the amount of $6,100 to Rock Engineering & Testing Laboratory, Inc. for the Packery Channel Mitigation / Coyote Island and Laguna Madre (Preliminary Subsurface Investigation and Geotechnical Analysis). · December 19, 2002 - Award of Engineering Services Contract in the amount $8,107.22 to URS Corporation for Packery Channel Restoration Project. · January 20, 2003 - Award of Ratification of Engineering Services Contract in the amount of $25,000 for the Packery Channel Restoration Project - Shamrock Island Mitigation Site. · January 20. 2003 - Award of Ratification of Engineering Services Contract in the amount of $18,000 for the Packery Channel Restoration Project - Mollie Beatty Habitat Monitoring Plan. · January 20. 2003 - Award of Ratification of Engineering Services Contract in the amount of $22,000 for the Packery Channel Restoration Project - Coyote Island Mitigation Site. · February 23, 2003 - Award of Amendment No. 2 to Engineering Services Contract in the amount of $22,240 to Felix Ocar~as, P.E. for the Packery Channel Restoration Project. · July 8, 2003 - Award of Amendment No. 4 to Engineering Services Contract in the amount of $5,000 to Shiner, Moseley & Associates, Inc. for the Packery Channel Restoration Project. · Auciust 14, 2003 - Award of Engineering Services Contract in the amount of $25,000 to Shiner, Moseley & Associates, Inc. for the Packery Channel Restoration Project - Mollie Beatty Coastal Habitat Community. · September 26, 2003 - Executed Ratification of Small NE Agreement with Olivarfi & Associates of Corpus Chdsti, Texas in the amount of $400 for the Packery Channel. · October 28, 2003 - Executed Small A/E Agreement with URS Corporation of Houston, Texas in the amount of $24,922.44 for the Packery Channel Boat Ramp Project. EXHIBIT "A" I Page 2 of 4 FUTURE COUNCIL ACTION: 1. Approval of Amendment No. 2 for Basic Services to design, bid, construct the Boat Ramp Roadway and Parking Lot associated with the North Side Park at Packery Channel. BACKGROUND: The Packer,/ Channel Project is a storm damage reduction and environmental restoration project being performed by the United States Corps of Engineers (USACE) Galveston Distdct in which the City of Corpus Chdsti is the local sponsor. The project consists of a proposed channel between the Gulf Intracoastal Waterway (GIVWV) and the Gulf of Mexico. The channel will provide matedal for beach nourishment and backfill at the base of an existing floodwall and water exchange between the Laguna Madre and the Gulf of Mexico. The City plans to request that the USACE include the installation of the Reach 1 Boat Ramp undemeath Packery Channel Contract and that the City will reimburse the USACE for 100% of the cost. The City obtained partial funding ($500,000) through a grant (prepared by URS Corporation) from Texas Parks and Wildlife State Boat Ramp Program. The proposed Ratification of Amendment No. I is for the related design services for the Boat Ramp The USACE will undertake the construction of the project as a modification to the existing Packery Channel Contract. They will administer the construction contract of the boat ramp only. Thus, plans and specifications will be developed in accordance with the USACE Galveston District's format. AMENDMENT NO. 1: Amendment No. I provides for the design of the boat ramp_ Dudng the progress of this phase of the work, URS Corporation completed the following services: Site Visits / Meetinqs for Review of Desian - The project required consultation / coordination among the U. S. Army Corps of Engineers (USACE), contractor, and the City of Corpus Chdsti beyond what was anticipated. URS Corporation attended two (2) site meetings in Corpus Chdsti to review and discuss the project design and construction cost estimate with the vadous parties. 2. Additional Desiqn Elements - Throughout the design review process several design elements were added or modified as follows: Boat Ramp to accommodate sailboats. The initial proposal was to accommodate a design vessel with a maximum draft of 4.0 feet. This adjustment required modification of the boat ramp slope configuration to allow for smaller power boats and sailboats. Piles to accommodate light standards, which required a separate analysis and design of pile for this loading condition. EXHIBIT "A" Page 3 of 4 I · Inclusion of utility vaults at the beginning of the boat ramp, which required the development of analysis and design of the systems. · Increased sections and details, which required the number of design drawings to be increased from three (3) to seven (7) drawings. "Boat Ramp Structural Design" for documentation of the boat ramp design for inclusion with USACE Design Documentation (DDR), which serves as the design history / cdteda for the project. EXHIBIT"A" Page 4 of 4 File : \Mpro~ct\councllexhibi~\exh§122.dwg JFK CAUSEWAY BOAT RAMPS - I LANE (EXISTING) --RY POINT ~ROPOSED SITE j CITY PROJECT No. 5122 LOCATZON MAP NOT TO SCALE EXHIBIT "B" PACKERY CHANNEL BOAT RAMP PROJECT CITY OF CORPUS CHRISTI, ~ CITY COUNCIL EXHIBIT PAGE: 1 of 1 ~. 07-13-2004 19 AGENDA MEMORANDUM DATE: July 20, 2004 SUBJECT: Sidewalk Accessibility Improvements Project No. 6151 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to increase the escrow amount of the Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) in the estimated amount of $47,601.13 for construction of barrier free ramps and sidewalks at selected street locations associated with the Sidewalk Accessibility Improvements project.. ISSUE: An advanced funding agreement with TxDOT provided an escrow in the amount of $240,900 as local participation. The project has an overrun of the authorized funds requiring an additional $47,601.13 as local participation. The Advanced Funding Agreement requires the City to fund its share of any increase in project costs in order for the project to proceed. FUNDING: Funding is available in the Street CIP Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. Director of Engineering Services Additional Sul313ort Material: Exhibit "A' Background Information Exhibit"B" TXDOT Request for Additional Funding Exhibit"C" Location Map H:'~-IOME~4EVINS\GE N~STREETS~6151VarlousADA~lem~.doc AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Sidewalk Accessibility Improvements Project No. 6151 PRIOR COUNCIL ACTION: 1. November 14, 2000 - Ordinance canvassing returns and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Chdsti for the adoption of seven propositions; adoption and levying a sales and use tax pursuant to Section 4A of The Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ordinance No. 024269). 2. June 19, 2001 - Resolution authorizing the City Manager, or his designee, to approve a Master Agreement Governing Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. (Resolution O24478). 3. Auclust 28, 2001 - Resolution authorizing the City Manager, or his designee, to approve Amendment No. 1 to the Master Agreement Governing Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. (Resolution 024555). 4. November 20, 2001 - Resolution authorizing the City Manager, or his designee, to execute an Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) in the amount of $240,900 for construction of barrier free ramps and sidewalks at selected street intersections associated with the Sidewalk Accessibility Improvements project. PRIOR ADMINISTRATIVE ACTION: 1. October 18, 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 2. November 10, 2000 - Addendum No. 1 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. 3. 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. FUTURE COUNCIL ACTION: Additional increases in escrow funds may be necessary as project proceeds to completion. PROJECT DESCRIPTION: This program of street improvements includes the construction of barder free ramps, sidewalks, and other improvements required for compliance with the Americans with Disability Act (ADA). This funding is to be leveraged with federal funds and is included in the approved Transportation Improvement Program (TIP). The project is Exhibit A Page 1 of 2 currently scheduled for an August, 2004 letting. The selected street sections include, in order of priority: · Alameda Street from Louisiana Parkway to Doddddge; · Santa Fe Street from Doddddge to Robert Street; · Weber Road from South Staples to South Padre Island Ddve; and · Street sections as prioritized in coordination with the Mayor's Committee of People with Disabilities. ADVANCED FUNDING AGREEMENT DESCRIPTION: Under this Advanced Funding Agreement TxDOT will: · develop the preliminary engineering consisting of environmental assessment and public meetings and/or public hearings as necessary; · be responsible for secudng the federal share of funding; · advertise for construction bids, issue bid proposals, receive and tabulate bids, and award a construction contract; · supervise and inspect all work pen~orTned by the construction contractor;, and; · provide final inspection and a Notification of Completion, acknowledging project completion. The City will: · provide preliminary engineering for the development of plans, specifications and cost estimates; · provide the right-of-way acquisition, including required maps and property descriptions; · be responsible for all costs associated with the necessary adjustment of any and all utilities and services; · be responsible for mitigation and remediation of any environmental problems; · provide the City's share of project costs; · accept responsibility for maintenance upon completion of project; and · be responsible for maintenance dudng construction. Exhibit A Page 2 of 2 Texas Department of Transportation P.O. Box 9907 · CORPUS CHRISTI, TEXAS 78469-9907 · (361) 808-2300 June 24, 2004 Project: STP 2000 (128) MM Control: 0916-35-072 Highway: CS Various (Alameda, Weber & Santa Fe) County: Nueces Mr_ Angel Escobar, P.E. Director of Engineering Servi~xs City of Corpus Christi P.O. Box 9277 Corpus Cl'Lristi, Texas 78469-9277 JUN ~ 4 ZOO4 Dea~ Mr, Escobar; Enclosed are two (2) copies of the Plans, Specifications and Estimate fo[the above zeferenced project for your information and files_ This project is curre~y scheduled for the August 2004. The current estimate for this project exceeds the authorized funds that were originally-set up for the project. The overran of the authorized funds is approximately 8.887 % or $107359.50. The amount originally set up for the project was $1,210,000.00, since this project is funded with MPO authorized allocations, approval for the overrun needs to be authorized by the I~IP0. The original agreement had an authorized funding amount of $1,100,000.00 which was later upped the current amount_ The original agreement escrow amount was based on the original funding authorized amount, this also was a factor in the increased escrow amount needed prior to the opening of bids. We have attached a copy of the revised Attachment C for this project for your information and further handing for the increased escrow amount. The City of Corpus Christi will need to add to the escrow account prior to opening of Bids with an additional amount as noted on the revised attachment C for this project. If you have any questions or need additional information concerning the request for the additional escrow amount, please let us know. District Design / Pavement Engineer PWS\ Attachments xc: Maxtin C. Horst, P.E. District Project File Exhibit B Page I of 2 An Equal Opportunity Employer REVISED AI'rACHMENT C PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS Descdpflon Preliminary Engineering Construction Engineering & Contingencies (E&C) (Estimated @ 9.5% ol~ Construction) TOTAL Original Estimate Amounts Total Estimate Cost $ 0.00 1,100,000.00 Federal Locel Partlclpa~on Participation 0.00 $ 0.000 880,000.00 220,000.00 104,500.00 83,600.00 20,900.00 $1~04,500.00 $963,600.00 $240,900.00 REVISED Estimate Amounts Total Estimate Federal Local Cost Participation Participation $ 0.00 $0.0o $0.o0 1,317,359.50 1,053,887.60 263,471.90 125,~.9.15 100,119.32 25,029.83 $1,442,508.85 $1,154.006.92 $288,501.73 REVISED total participation required from the local government = $288,501.73 Difference between = $ 47.601.73 revised total participation and original total participation \ Mproject \ councilexhibits \ exh 6151. dwg BEAR N CORPUS CHRISTI BAY i. LOCATIONS PROJECT PROJECT No. 6151 L OCA T Z ON MAP NOT TO SGAL£ EXHZBZT "C" SIDEWALK ACCESSZBILITY IMPROVEMENTS CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPOSIT OF ~GINE~ING SERVIC~ PAGE: 1 of 1 DATE:07/12/2004 A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO INCREASE THE ESCROW AMOUNT OF THE ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) IN THE ESTIMATED AMOUNT OF $47,601.13 FOR CONSTRUCTION OF BARRIER FREE RAMPS AND SIDEWALKS AT SELECTED STREET LOCATIONS ASSOCIATED WITH THE SIDEWALK ACCESSIBILITY IMPROVEMENTS PROJECT. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to increase the escrow amount of the Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) in the estimated amount of $47,601.13 for construction of barrier free ramps and sidewalks at selected street locations associated with the Sidewalk Accessibility Improvements project· Al-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor The City of Corpus Chdsti By: APPROVED the ~ day of ~--~'~.~ · Burke, Jr. ~,,~ssistant City Attorney for City Attomey ,2004. Corpus Chdsti, Texas day of ,2004. The above resolution was passed by the following vote: Samuel L. Neal, Jr. Bill Kelly Brent Chesney Rex A. Kinnison Javier D. Colmenero Jesse Noyola Melody Cooper Mark Scott Henry Garret[ Armando Chapa City Secretary 20 CITY COUNCIL AGENDA MEMORANDUM July 20,2004 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute an annual joint funding agreement with the United States Geological Survey (USGS), U. S. Department of the Interior, for the cont~uation of surface water data collection and limited studies by the USGS for the City's water supply activity; and providing for the City to pay the USGS the amount $188,425, out of a total project cost of $247,200 during the federal fiscal year October 1, 2004 through September 30, 2005, ISSUE: The United States Geological Survey (USGS) established automated river gauging stations to gather and maintain accurate records of all inflows and releases in the water reservoir system. In order to continue with the annual watershed gauging program, an annual joInt funding agreement between the City and the USGS is necessary. FUNDING: Funds are budgeted in the Wesley Seale Dam (530000-4010-30200) and Choke Canyon Reservoir (530000-4010-30210) activities of the Water Fund for a total available of $188,425. RECOMMENDATION: That the City Council authorize the City Manager or his designee to execute the agreement. Eduardo Garafia, P.E. Director, Water Department AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION In 1981, the City requested the United States Geological Survey (USGS) to establish automated river gauging stations to gather and maintain accurate records of all inflows and releases in the water reservoir system. This was necessary to comply with Texas Water Rights Permit No. 3358, which required that specified releases from the reservoir system be made to the bays and estuaries. The initial joInt funding agreement was approved by the City Council in 1984, and it provides funds for Geological Survey operations on the Nueces, Frio and Atascosa rivers and tributaries, and at Lake Corpus Christi and Choke Canyon Reservoir. The USGS maintains all equipment, i.e. stream flow stations, data collection platforms, ram gauges, and analyzes the data gathered to provides gauge height readings, discharge readings, and reservoir content information. The City funds a portion of the operational costs of the stream flow and full service data collection platforms and the full cost of rain gauges and surface discharge gauges below the two dams. The National Weather Service also uses the data collected to predict floods. When fully implemented in 1984, the program included thirteen stations; additional stations have been added since bringing the total to eighteen. Additional water quality mordtoring points have also been added the last several years. The costs of data collection platforms and stream flow stations are shared by the USGS and the City of Corpus Christi, with the costs of other services borne entirely by the City. Funds are budgeted each year in the Water Department operating budget for the City's share of the joint funding. Funds are budgeted in the Wesley Scale Dam (530000-4010-30200) and Choke Canyon Reservoir (530000-4010-30210) activities of the Water Fund for a total available of $188,425. U.S. Department of the Interior U.$. Geological Survey Joint Funding Agre~rnent FOR Water Resources Investigations Agreement #: 05C4TX029000000 Customer #: 'rx029 Project#: 00170, 00370 TIN #: 74-6000574 THIS AGREEMEN~ Is entered Into as of the 1 ~ day oi' October, 2004, by the U.S. GEO(~OGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, pa~y of the first part, and the CITY OF CORPUS CHRISTI, party o[ the second parL 1. The par~es hereto agree that subject b3 the availability of appropriaUo~s and ~ acr. x~da~ce with Iheir mspadive authorities there ~atl be maintained in cac~paraUon surface-water and water-quaJity data collection acflvff~es, he~ina~tor called Ihe program. 2. The fo~lowiag amounts shaa be co~3thbuted to cover all of the (:=3st of Em ~ry ~eld and analytical work directly related to this program. (a) $ 58,775 by the party of m ~-t pan dudng ~he pariod October 1, 2004 to September 30, 2005 (b) $188,425 by the party of the sacx:x~l part during the pealed Octof~r 1, 2004 to Septe~n~'~er 30, 2005 (c) Addrdo~al (x reduced amnts by each party dudng the abo~ parled or sucr.~edlng periods as may be detemdned by mutual agreement and sel fodh in an exchange of letters beW~en the parties. 3. The costs of Ibis paxjmm may be paid by eilhe~ party In co~formity wlth the laws and m(julalions respecUvety governing eac~ party. 4. The ~ and analytical work perlair~g to Ihis p~gr-am ~ be u~dor {~e c~recaon of or subje~ (o periodic review by an authorized repaesentaUve of the party of the first pall_ 5. The areas ~, be inciuded ia the pmcjram shall be doien~lned by mub.,al agr'eeme~t be{'.-.~'-c-~"~ Ihe parties hereto or Iheir authorized representatives. The meb~mds employed in the ~ and off]ce shall be Itmse adoi:P, ed by the party of the first part to insure the required slandan~s of accuracy sub, ct te medh3(~fio~ by mutual agreement. 6. During the course of this program, alt field and anaiyflcaJ work of either party partaJnkxj lo this pmgm shal~ be open ~o the inspec~on of the nther party, and if the work Is no~ being can~ed on in a mutua#y ~sf-actc~ maneer, e~a~er party may terminate this agreement upon 60 days written nedce to Ihe olhor party. 7. The originaJ r~ds rmu~ng from ~ p~gram will be deposited In the office of odgln of those n~cords. Upon reques~ copies of Ihe original records will be provided to the office of Ihe oihe~ party. 8. The maps, m or re{x~ls mulUng [Tom this pmgra~ shall ~ m 8val~ b ~ ~ m m~Y as ~ble. ~ ma~, ~s ~ ~ ~Uy ~11 ~ pu~i~ ~ ~ ~ of ~ fl~ ~ H~, ~e ~ of ~ ~ ~ ~s ~ ~ht~ ~1~ ~e ~ offs ~ a~.~m~bU~ by~ ~of~ ~11, u~ ~ ~ ~mi~ by ~ ~ of ~ fi~ ~ M~ ~ ~ ~ ~ ~ ~r to ~ ~ ~ ~lnal ~y ~s ~. ~ ma~, ~ ~ ~ ~ ~ e~ ~ ~ ~ a ~t of ~ ~m~e mlaa~ ~ ~ ~s. 9. Billing for Ihis agreement will be rendered quarterly. Paymenls of bills am due within 60 days after Ihe billing date. if no~ paid by the due date, Interest will be charged at the current Treasury rate for each 30 day pealed, or i:x:~don Iheraof, Ihat ~e payment is delayed beyond Ihe due date. (31 USC 3717; Complro~ter General F~le B-217777, Augus~ 23, 1983.). U.S. GEOLOGICAL SURVEY UNITED STATES DEPARTMENT OF THE INTERIOR By: By: CITY OF CORPUS CHRISTI By: By: wY2005 CITY OF CORPUS CHRISTI ATtACHmENT FOR TX0~'= STAI~ON DESCRIPllON NUMBER {~1: SURFACE WATER 08194000 Nu~::~S Riva' at Co[t~a, 'r'x Full Range S~aml~ow srn~n Ra~-~gage $~a~on NO. USGS COOP TOT/U- UNITS FUNDS FUNDS FUNDS 1 $5,100 $7,800 $12,900 1 $5.100 $7,8OO $12,900 I $225 $375 $600 t $225 $375 SEO0 1 $225 $375 1 $,5,'100 S7,800 $12.900 1 $O $6[X) I $5,100 $7,800 $12,go0 I $2,74O $3,760 $6,500 1 $3,170 $5,330 $8,500 I $5.100 $7,80O 1 $0 $6,200 $6.200 I $2,740 $3,760 $6,500 Nt.~s~s RI v~' near 'l'ik~n, TX Full Range S b-eam Itow S ration Raingage Station 08197500 Fde River betow D~y F,~o River near Uvaide, TX RaJngage Sla~Jon 08198500 Sablr~ RJve~ at SabirtaJ, T'X Ralngage Stafie~ 08200700 H~do C~ak aL ~g Wa~'ho~e near Hond~. TX Rah~age Fdo R~nar neet D~, TX Fun Range S~'eamllow Sla~:~ Rair~gage Slaflon 08206~00 Fdo RJ~r ali "i'~d~, TX Full Range Sb-ea~llow Stalin 082067'00 Sa~ M~[~uet Cn~k r,,e~' 'l'~le~, TX Raingage $1alJon Choke Canyo~ Rese~-v~V rtaar Thn~ RJvers, 'rx Resecvoir C~tents 0~>0(~10 Cho~e Cen'~e~ Rese~,~b' outflow near 'rh,-e~ PJ'vem, TX Q b~ow Base and C~nflnc, ous Stages 08208000 Atascx~a River at W~It~et~ Ralngage Stalto~ FU~I Range Sl~eamflow Sta~ 08210100 Nueces Rlve~ a I Geor~c';.~-l, TX S~ge Only S~a~on (one leve~) 08210500 Lake C~:~pus Ch,"lsti ne~- Malflis, T'X Reserver Co~ [enls Wy2Oo5 CITY OF CORPUS CHRISTI STATION DESCR.IFI'3ON NI.~MBER 08211000 Nuec~s River near Malhts, TX Ralngage Slalion 08211200 Nueces PJve~ above B~untzer, TX Q b~w Base and C<m ~nuous S~ges 08211500 Nuece~ River at CalaSen. 'r'x Full Range S~a'eaml~3w Slalion red~'~dant ~ and .a4~l~ Si;age 082115~3 R~nc~3 Ba~ C~'~nel near Ca~alle~, TX Q b~ow Base wflh ArM and Co~mmus Slage SURFACE WATER TOTAL: 1 1 1 $3.170 SO COOP FUNDS $5,330 $13,900 ${}4,405 TOT,AZ. FUNDS SO00 $12.~30 $13,900 $137,500 w~ 200s CITY OF CORPUS CHRISTI ~/-~./2004 STA'I3ON DESCRIp13oN NUMBER 0~3: WATER QUALITY 081~1500 Nuec~s River near T~den, TX SpedaJ I:~ri~llc semCe c~ec~on and Dis~lct Monor Element + Ino~ardc - Part 1 Ino~anlcs: MaJ~ ions and b'ace meJaJs Pe~Uddes (C-18 SPE). filtered PesUc~,des (HPLCIMS SPE). §ll~ed STA~ChNTOTAL Fdo River at T~den, TX SpedaJ p~l~llc sample c~ec~on and P~*~"~ ,a ~ Moth' Elemer~ + Inolgenic - part 1 Inoq~anJcs: Major m and f~ace metals Metals, ICPIMS, dissoi,n~:l DiStTiCt nulHen~ + ~lho-phosTd~ate Pe~dcides (C-16 SPE), Itlten~l Pesth:~es (HPLC;MS SPE), filtered STATION TOTAL: 0~21(X~ STATION TOTAL: Crake Canyo~ Reserver near Three Rivers, T'X Lake survey sample c[~ecfion & ~ ~M~ ml~ ~ + ~Nc - Pad 1 ~, I~IMS. di~ I~: ~ ~ a~ ~ me~ P~ (~18 SPE), ~ P~ (HPLCIMS S~), ~t~ (~b) P~ - ~aom s~imen[ ~1 ~ g~se STATI~ TOT~ NO_ ~ COO~· TOTA/. UNITS FUNDS FUNDS FUNDS 4 4 4 4 4 4 4 4 4 4 4 4 4 4 3 6 6 6 12 12 2 4 $1,510 $10,790 $12,300 $1,510 $10,790 $12,300 $1,510 $10,790 $12,300 $5,925 $25,450 $31,375 wy 20os CITY OF CORPUS CHRISTI STATION NUMBER 08210500 08211503 DESCRIPTION Lake Coq)us Christ] near Malhls, TX Lake s~'vey sample c=:~ectJon & pmces~ng D6t~c~ minor etements + Inorganic - Part 1 Melais, ICPIMS, dis...~3~'ed Inorgan]~;: MaJ(x Ions and t]'ac~ me~als Pesticides (C-18 SPE). Pes~cides (HPLCIMS SPE), I~lte~(I (lab) P~sl~s - boil.., s~rtent O~1 and ~rease STATION TOTAL: ~ Bay~ Channel near Cala#en, TX Temperabx & cortdu(::tance (2 pram.) mortify' TOTAL WATER QUALITY: NO. USGS COOP TOTAL UHITS FUNDS FUNDS FINDS $5,225 $23,2O0 $28,425 $0 $13,000 $13,000 $15,680 $94,020 $109,700 PROJECT SURFACE WAlTeR: 001 WATER QUALITY: 003 TOTAL USGS FUNDS $43,095 $15,6~ COOP FUNDS TOTAL FUNDS $58,T'/5 $t88,425 $247,200 $~4,405 $137,5~0 $94,020 $109,700 21 CITY COUNCIL AGENDA MEMORANDUM July 20, 2004 AGENDAITEM: Ordinance abandoning and vacating a 3,291-square foot podion of a 10-foot wide utility easement in Lot 10R, Block 1, Moore Plaza; requiring the owner, Home Depot U.S.A., Inc., to comply with the specified conditions; and declaring an emergency. Ordinance abandoning and vacalJng a 3,291-square foot portion of a lO-foot wide utility easement in Lot 18, Block 1, Moore Plaza; requiring the owner, Home Depot U.S.A., Inc., to comply with the specified condi§ons; and declaring an emergency. ISSUE: Closure of the two lO-foot wide utility easements is required so that the owner, Home Depot, may expand their present building over the area that the existing utility easements presently occupy. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any porlJon 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. pment Services Attachments: Exhibit A - Background Informa§on Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OFCLOSUREAND BACKGROUND: Bury + Partners Engineering-SA, Inc. on behalf of Home Depot U.S.A., Inc., is requesting the abandonment and vacation of a 3,291-square foot portion of a 10-foot wide utility easement in Lot 1 OR, Block 1, Moore pl~7~, and a 3,291 -square foot porlJon of a 1 O-foot wide utility easement in Lot 18, Block 1, Moore Plaza. The proposed vacation and abandonment of the two utility easements accommodates the future construction expansion of the Home Depot building and Garden Center. Ail public and franchised utilities were contacted. The City Storm Water Department has a 48-inch storm sewer line within a third existing I O-foot drainage easement that will be addressed separately. City Water Depadment has a fire line and fire hydrant within the utility easements that will have to be removed and capped at each end within the limits of the easement to be vacated_ Owner will also have to meet all fire protection requirements at time of Building permit. There is an existing pdvate sanitary sewer line on Lot 10R, Block 1, that will be rerouted outside of any public utility easement within a 7-foot emergency egress alley between the Garden Center and the K-Mart building which will run from front to back of the Center. Southwestern Bell Company (SBC) has an existing underground telephone line that will have to be relocated at owner's expense. AEP has an underground electrical line within one of the utility easements to be vacated but the owner will be converting a portion of one of the existing 10-foot wide utility easements into a load beadng 5-foot wide electrical easement for that underground line. None of the other city departJ-nents and franchised utility companies had any facilities or objections to the drainage and utility easements being vacated and abandoned. Owner is to pay a fair market value fee of $ 32,910.00 (6,582 sq. ft. x $10.00 per/sq.ft .x 50% discount) for the vacation and abandonment of a 6,582-square foot portion of easement rights-of- way. The 6,582-square foot portion is the total square footage [or two 10-foot wide utility easements. EXHIBIT A FROM: B.A Bailey, AICP, Director of Development Services DATE: July 13, 2004 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: Jul,/20, 2004 ORDINANCE CAPTION: Ordinance abandoning and vaca§ng a 3,291-square font portion of a 10-toot wide u~lity easement in Lot 10R, Block 1, Moore Plaza; requinng ~ owner, Home Depot U.SA., Inc., to comply with the specified conditions; and declaring an emergency. Ordinance abandoning and vacating a 3,291-square tcoI poriJon of a 10-[ooI wide utility easement In Lot 18, Bloc~ 1, Moore Plaza; requiring the owner, Home Depot U.S.A., Inc., [o comply with the specified conditions; and declaring an emergency. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat Is r~c~ed in Volume 5~, Pages 40-41, and Volume 57, Page 2.~.I ef b~e Map Records of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: 1) 2) 3) 4) 5) Owner is to pay a [air market value tee o~ ~32,910.00 [or the vacedon and abandonment et the tw~ (2) 10' wide ulJllty easements totaling 6,582-square feet. Owner must remove and cap at each end an existing water line and fire hydrant thai are located within the easement to be dosed at owner's expense. Owner must meet all fire protection requirements at time of Building permit. Owner must relocate an existing SBC underground telephone line at owaeds expense. Owner will be dedicating a 5-foot wide electrical easement for an AEP distribution line, U pon approval hem Council and ordinance issued, all grants of easement closures must be recorded in the real proper[,/Map Records of Nueses County. Texas, in which the property is located. Pdor to Building Permit approval of construction, an up-to-date survey, absbacted for all easements and items of record, must be submitted to the DireCtor of Development Services. REQUESTED BY: ~-~lrector of Development Services -/'[ DATE: APPROVED: DATE: EXHIBIT B AN ORDINANCE ABANDONING AND VACATING A 3,291-SQUARE FOOT PORTION OF A 10-FOOT WIDE UTILITY EASEMENT IN LOT 10-R, BLOCK 1, MOORE PLAZA; REQUIRING THE OWNER, HOME DEPOT USA, INC., TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 3,291-square foot portion of a 10-foot wide utility easement in Lot 10-R, Block 1, Moore Plaza, as recorded in Volume 56, Pages 40-41, and Volume 57, Page 22, Map Records Nueces County, Texas, that the owner, Home Depot USA, Inc., (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 drainage 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 3,291-square foot portion of a 10-foot wide utility easement in Lot 10-R, Block 1, Moore Plaza, as recorded in Volume 56, Pages 40-41, and Volume 57, Page 22, Map Records Nueces County, Texas is abandoned and vacated for public use as a utility easement, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: Owner is to pay the fair market value of $32,910.00, for the vacation and abandonment of the two (2) 10-foot wide utility easements totaling 6,582-square feet. Owner must remove and cap at each end an existing water line and fire hydrant that are located within the easement to be abandoned and vacated at owner's expense. Owner must meet all fire protection requirements at time of building permit. Owner must relocate an existing SBC underground telephone line at Owner's expense. Owner will be dedicating a 5-foot wide electrical easement for an AEP distribution line. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded in the real property records map records of Nueces County, Texas. Pdor to building permit approval of construction, an up to date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. H:~LEG-D1R~oseph\ORD-HmDpt-2.doc SECTION 2. That upon wdtten request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter role 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 20th day of July, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved ~J ~//~) //(// , 2004 By: Joseph~mey[ ~,1~ Assistant City Attorney For City Attomey H:~LEG-DIR'Joseph\ORD -HmDpt-2.doc Corpus Chdsti, Texas day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, 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/VVe, 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 C~ Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor 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 Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~LEG-DIR',Joseph\ORD-HmDpt-2.doc AN ORDINANCE ABANDONING AND VACATING A 3,291-SQUARE FOOT PORTION OF A 10-FOOT WIDE UTILITY EASEMENT IN LOT 18, BLOCK 1, MOORE PLAZA; REQUIRING THE OWNER, HOME DEPOT USA, INC., TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 3,291-square foot portion of a 10-foot wide utility easement in Lot 18, Block 1, Moore PI~7a, as recorded in Volume 56, Pages 40-41, and Volume 57, Page 22, Map Records Nueces County, Texas, that the owner, Home Depot USA, Inc., (Owner), wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Chdsti to abandon and vacate said portion of the drainage 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 3,291-square foot portion of a 10-foot wide utility easement in Lot 18, Block 1, Moore Plaza, as recorded in Volume 56, Pages 40-41, and Volume 57, Page 22, Map Records Nueces County, Texas is abandoned and vacated for public use as a utility easement, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: Owner is to pay the fair market value of $32,910.00, for the vacation and abandonment of the two (2) 10-foot wide utility easements totaling 6,582-square feet. Owner must remove and cap at each end an existing water line and fire hydrant that are located within the easement to be abandoned and vacated at owner's expense. Owner must meet all fire protection requirements at time of building permit. Owner must relocate an existing SBC underground telephone line at Owner's expense. Owner will be dedicating a 5-foot wide electrical easement for an AEP distribution line. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded in the real property records map records of Nueces County, Texas. Prior to building permit approval of construction, an up to date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. H:~EG-DIR~Jo seph\ORD-HmDpt-3 .doc 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 r, ccd for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charier 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 20th day of July, 2004. All'EST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved J(./,~ / ~/ , 2004 By: Joseph r~ney ~'~ Assistant Ci'q/Attorney For City Attorney H:'~LEG-DIR~Joseph\ORD-HmDpt -3 doc 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/VVe, 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 C~ Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Chdsti Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scoff H:~EG-D1R'Ooseph~ORD-HmDp t-3 .doc VICINITY :MAP 81TE STAPLES MALL PROJECT SITE EXHIBIT C EASEMENT CLOSURE LOTS 10R & 18, BLOCK 1, MOORE PLAZA SOUTH PADRE ISLAND DRIVE STATEI'~AY NO. 356 1250' FLO.WJ £ASTBOU~ FRONTAGE ROAD P.O.C. i~1 ;~1 r,=~10' UTILITY ESM'T ~ /VOL. 57, PG. 22 10' UTILITY ESM'T J LOT 'JOE, VOL..56, PG.40-41'-~:~ BLOCK 1, i' mOORE PLAZA I VOL. 56, PG. 40-41 J S61'05'13"E I 10.00'-~ i . DOC.~B48578 , . (A) /~J ~P-O.B. EXISTING rO_O76 AC RE~J~, K-MART - : 10 DRAINACE ESM'T~ VOL Be, Pg.40-41 ~ J J [ 20' UTILl'rr' &: DRAINAGE ESMT VOL, 56, PG.40-41 GARDENDALE ADDiTION NO. 3 VOL. 42. PG. 59 SKETCH TO ACCOI~AN'f I)ESCI~PTION OF A 0.076 ACRE TRACT O~ LAND BEING A PORTION O~ LOT 10R, BLOCK 1, MOORE PLAZA, A SUBDIVISION OF RECORD IN vOLUME 56, PAGE 40 OF THE PLAT RECORDS OF NUECES COUNTf, IEXAS. J~AW~ BY: um JFILE: H:~5004~43~5004~43ex10.dwg JFN NO, 5004B-4~-10 0 O0 LOT lB, BLOCK 1, MOORE PLAZA VOL. 57, ?G. 22 EXHIBIT C HOME DEPOT, INC. J PROJECT No.5OO4B- 45. SOUTH PADRE ISLAI~) DRIVE STATE hIGHWAY NO. 358 (250' FLO.WJ EASTB~ FRONTAGE ROAD P.O.C. I i~_m, 0~UT¥ ESU'T -~r__ ¥c8.. 57, PG. 22 10' UllUTY ESM'T J LOT lOE, VOL. 56. PG.40-41~ BLOCK 1. 1,4OORE PLAZA VOL. SD, PG. I 40-4] S61'03'15"E J '10.~ I ,,-- J 20' UllLITY &: DRAINAGE ESMT VO4_ 56, PG.40-41 LOT ! B, BLOCK 1, MOORE PLAZA VOL. 57, PG. EXISTING K-MART (ABANDONED) (3,291 SQ. FT,) 10' W~DE UTILITY EASEMENT TO BE VACATED 10' DRAINAGE VOL. 56, PG.40-41 EXISTING HOME DEPOT N61 '0.3'1 3"W 10.00' GAED£NDALE ADDITION NO. 3 VOL. 42, PG. 59 SKETCH TO ACCOI~ANY DESCR~TION OF A 0.076 ACRE TRACT O¢ LAND BEING A PORllON OF LOT lB, BLO~ 1, MOORE PLAZA, A SUBDIVISION OF RECORD IN VOLUME 57, PAGE 22 OF THE PLAT RECORDS OF NUECES COUNTY, TEXAS. IDRAW~ BY: .~ JrIC[: H:XDOO48X43XSOO4843eall.0wg IFN NO. 5004B-43-11 EXHIBIT C HOME DEPOT, INC. J PROJECT N o.,5004B- 43. 22 AGENDA MEMORANDUM AGENDAITEM: July 20, 2004 Ordinance appropdalJng $16,958.07 from The Fellowship of Oso Creek Church, Lot 14, Section 25, Flour Buff Encinal Farm and Garden Tract developer's conb-ibu§on to Drainage Channel No. 31 in the No. 4730 infrastructure Fund; amending Ordinance No. 024130, which appropriated the Trust Funds, by adding $16,958.07 to the No. 4730 Infrastructure Fund. Motion approving payment of $16,958,07 developer's contribution from The Fellowship of Oso Creek Church, Lot 14, Section 25, Flour Bluff Encinal Farm & Garden Tract from the No. 4730 Infrastructure Fund to Mark Bralton Estate Trustee, for disbursement to the appropriated Funding Owners, in accordance with the Offsite Drainage Development Contract, Master Plan Drainage Channel 31, between the City of Corpus Chdsti and Trustee; and declaring and emergency. ISSUE: Improvements to Master Channel No. 31 were funded through a Trust Agreement between developer Mark Bratton (deceased) and the City of Corpus Chdsti. The agreement requires the City to collect payments from other developers that use the Channel and reimburse the Mark Bratton Estate (trustee) for his initial expenditure. REQUIRED COUNCIL ACTION: Approval of an appropriation ordinance, after Drainage Channel No. 31 are received by the City, to pay Trustee for further disbursement to the appropriate Funding Owners, in accordance with Contract and Agreement be[ween the City of Corpus Christi and the Trustee. FUNDING: Funds are available from the No. 4730 Infrastructure Fund. RECOMMENDATION: Staff recommends approval of the ordinance and motion as presented. B.A. Bail(~', AI'~P. Director of~-~relopment Services A'CFACHMENTS: Exhibit A. Background In[ormation Exhibit B Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Current Situation: The Fellowship of Oso Creek Church applied for a Building Permit to construct a church on an existing platted 20 acre tract of Flour Bluff Encinal Farm and Garden Tract, Section 25, lot 14. The application for building permit and connection to City utilities triggered the Master Channel 31 impact fee. Evolution of the Master Plan Drainage Channel 31 Trust Fund: In 1985, several landowners (participating owners), including the Corpus Christi School Distdct (CCISD) began investing in the basic infrastructure necessary for development of an area north of Yorktown Boulevard and east of Staples Street. Included in this area is the Kaffie Middle School site. The water and wastewater trust funds, established by the City in 1982, which are funded by the imposition of IotJacreage fees, were being used, as they are today throughout the City, to pay for water and wastewater improvements which serve the area. Development was hindered, as it is today without a similar system for drainage costs in areas without a drainage outtall in place. The interested owners (participating owners) implemented a plan for drainage of the area by providing the initial funding for Drainage Channel No. 31, including acquisition of right- of-way, excavation of the channel, construction of crossing structures under the existing roadways (Rodd Field and Cimmaron Boulevard), erosion protection structures and other incidental work. The City utilized its condemnation power to acquire two parcels of land which could not be acquired by negotiation at the time. In order to equitably distribute the costs among all properties in the tributary area, the participating owners established an impact fee based upon the area of tract and the distance runoff from the tract would utilize the drainage channel. The City's role in this proposal is the collection of the impact fee from both Non-Participating Owners and Participating Owners and disbursing the funds plus interest to the Trustee of the Funding owners (CCISD, Harris & Charles Kaffie, and Mark Bratton). The goveming Contract and Agreement was made and entered into between the Trustee (Mark Bratton) and the City of Corpus Christi on December 31, 1985. An Amendment to IExhibit A Page 1 of 2 the Contract was authorized by City Council on February 18, 1997. Prior Council Actions Associated with Master Plan Drainage Channel 3'1 Motion approving Offsite Drainage Development Contract with Mark Bratton, Trustee, providing for acquisition of right of way, excavation of Drainage Channel No. 31, construction of related structures, and establishment ora pro rata acreage plan for area served by Channe~ 31, and City collection of the pro rata acreage fee upon platting, building permit issuance, or utility service, and dispersing this pro rat fee plus interest to Trustee on December 31, 1985 (M85- 0597). Resolution authorizing City Manager to take the necessary actions to establish Impact Fees for the Master Plan Drainage Channel 31 improvements, scheduling a public hearing to receive comment on the adoption of Land Use Assumptions, Capital Improvements Plan and Impact Fees; appointing the Planning Commission as the Capital Improvements Advisory Committee on November 26, 1996 (Res. #022773). 3. Motion amending Offsite Development Contract authorized December 31, 1985, between Mark Bratton, Trustee, and the City of Corpus Chdsti to attribute actual costs, pro rata, to each ~'act situated within Channel 31 Service Area calculated on an acreage and use basis with respect to that portion of the cost of the project situated downstream of each particular ~act on February 18, 1997 (M98-046). 4. Ordinance adopting the Capital Improvements Plan and Impact Fees for Master Plan Drainage Channel No. 31; amending the platting ordinance to include such fees; and amending Chapters 13 and 55 of the City Code to re[erence the Platting Ordinance Impact Fee provisions on Apdl 22, 1997 (Ord. #022913). Iml~act Fee Collection Tri~cler Points: Impact fees are collected at one of the following three tdgger points, whichever occurs first, within all or any podion of a tract situated ,~ithin Area 31: 1. recordation of a subdivision plat; 2. issuance of a building permit; or 3. connection to the Cites utility systems. Disbursement of Impact Fees to the Trustee: The Offsite Drainage Development Contract requires the immediate disbursement of impact fees to the Trustee upon receipt. As governed by City Charter, Article IV, Section 5, such disbursement requires adoption of an ordinance appropriating the funds by Council. Therefore, it is anticipated that payment to the Trustee will be occurring no less than 30 days after receipt of funds from the developer. Termination of Offslte Drainage Development Contract: The term of the Agreement approved by Council on December 31, 1985 was for the lessor of 20 years or full development of the service area. The 20-year mark will be December 31, 2005. Exhibit A I Page 2 of 2 LOCATION MAP Ditch 31 SITE FLOUR BLUFF & ENCINAL FARM & G NORTH II ....... '~1 CiTY OF CORPUS CHRISTI, TEXAS AN ORDINANCE APPROPRIATING $16,958.07 FROM THE FELLOWSHIP OF OSO CREEK CHURCH, LOT 14, SECTION 25, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACT DEVELOPER'S CONTRIBUTION TO DRAINAGE CHANNEL NO. 31 IN THE NO. 4730 INFRASTRUCTURE FUND; AMENDING ORDINANCE NO. 024130, WHICH APPROPRIATED THE TRUST FUNDS, BY ADDING $16,958.07 TO THE NO. 4730 INFRASTRUCTURE FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $16,958.07 from the Fellowship of Oso Creek Church, Lot 14, Section 25', Flour Bluff and Encinal Farm and Garden Tract developer's contribution to drainage channel 31 in the No. 4730 Infrastructure Fund is appropriated and that ordinance No. 024130 is amended by adding $16,958.07 to the No. 4730 Infrastructure Fund. 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 shall take effect upon first reading as an emergency this the 20th day of July, 2004. A'I-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED By: Joseph~mey' ~/' Assistant City Attomey For City Attomey Samuel L. Neal, Jr. Mayor ,2004. Corpus Chdsti, Texas day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, 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 cons~eration and voting upon ordinances at two regular meetings: INVe, 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 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 Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 23 AGENDA MEMORANDUM AGENDA ITEM: July 20, 2004 Ordinance appropriating $ 2,171.07 from Yorktown Mini Storage developer's contribution to Drainage Channel No. 31 in the No. 4730 Infrastructure Fund; amending Ordinance No. 024130, which appropriated the Trust Funds, by adding $ 2,171.07 to the No. 4730 Infrastructure Fund. Motion approving payment of $ 2,171.07 developer's contribution from Yorktown Mini Storage from the No. 4730 Infrastructure Fund to Mark Bratton Estate Trustee, for disbursement to the appropriated Funding Owners, in accordance with the Offsite Drainage Development Contract, Master Plan Drainage Channel 31, between the City of Corpus Chdsti and Trustee; and declaring and emergency. ISSUE: Improvements to Master Channel No. 31 were funded through a Trust Agreement between developer Mark Bratton (deceased) and the City of Corpus Chdsti. The agreement requires the City to collect payments from other developers that use the Channel and reimburse the Mark Bratton Estate (trustee) for his initial expenditure. REQUIRED COUNCIL ACTION: Approval of an appropriation ordinance, after Drainage Channel No. 31 are received by the City, to pay Trustee for further disbursement to the appropriate Funding Owners, in accordance with Contract and Agreement between the City of Corpus Christi and the Trustee. FUNDING: Funds are available from the No. 4730 Infrastructure Fund. RECOMMENDATION: Staff recommends approval of the ordinance and motion as presented. Director of Development Services ATTACHMENTS: Exhibit A. []ackground In[on'nation Exhibit [] Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Current Situation: The developers of Yorktown Mini storage submitted the plat for approval by the Planning Commission and triggered the Master Channel 31 impact fee. Evolution of the Master Plan Draina(~e Channel 31 Trust Fund: In 1985, several landowners (participating owners), including the Corpus Chdsti School DistJ-ict (CCISD) began investing in the basic infrastructure necessary for development of an area north of Yorktown Boulevard and east of Staples Street. Included in this area is the Kaffie Middle School site. The water and wastewater trust funds, established by the City in 1982, which are funded by the imposition of lot/acreage fees, were being used, as they are today throughout the City, to pay for water and wastewater improvements which serve the area. Development was hindered, as it is today without a similar system for drainage costs in areas without a drainage outfall in place. The interested owners (participating owners) implemented a plan for drainage of the area by providing the initial funding for Drainage Channel No. 31, including acquisition of right- of-way, excavation of the channel, construction of crossing structures under the existing roadways (Rodd Field and Cimmaron Boulevard), erosion protection structures and other incidental work. The City utilized its condemnation power to acquire two parcels of land which could not be acquired by negotiation at the time. In order to equitably distribute the costs among all properties in the tributary area, the participating owners established an impact fee based upon the area of tract and the distance runoff from the tract would utilize the drainage channel. The City's role in this proposal is the collection of the impact fee from both Non-Participating Owners and Participating Owners and disbursing the funds plus interest to the Trustee of the Funding owners (CCISD, Harris & Chades Kaffie, and Mark Bratton). The governing Contract and Agreement was made and entered into be[ween the Trustee (Mark Bratton) and the City of Corpus Christi on December 31, 1985. An Amendment to the Contract was authorized by City Council on February 18, 1997. Page 1 of 2 Prior Council Actions Associated with Master Plan Drainaqe Channel 31 MoLion approving Offsite Drainage Development Conl]'act with Mark Bratton, Trustee, providing for acquisition of right of way, excavation of Drainage Channel No. 31, construction of related structures, and establishment ora pro rata acreage plan for area served by Channel 31, and City collection of the pro rata acreage fee upon platting, building permit issuance, or utility service, and dispersing this pro rat fee plus interest to Trustee on December 31, 1985 (M85- 0597). Resolution authorizing City Manager to take the necessary aclions to establish Impact Fees for the Master Plan Drainage Channel 31 improvements, scheduling a public hearing to receive comment on the adoption of Land Use Assumptions, Capital Improvements Plan and Impact Fees; appointing the Planning Commission as the Capital Improvements Advisory Committee on November 26, 1996 (Res. #022773). Motion amending Offsite Development Contract authorized December 31, 1985, be[ween Mark Bratton, Trustee, and the City of Corpus Christi to attribute actual costs, pro rata, to each ITact situated within Channel 31 Service Area calculated on an acreage and use basis with respect to that portion of the cost o[ the project situated downstream of each particular Iract on February 18, 1997 (M98-046). 4. Ordinance adopting the Capital Improvements Plan and Impact Fees for Master Plan Drainage Channel No. 31; amending the platting ordinance to include such fees; and amending Chapters 13 and 55 of the City Code to reference the PlatlJng Ordinance Impact Fee provisions on Apdl 22, 1997 (Ord. flO22913). Impact Fee Collection Td~qer Points: Impact fees are collected at one of the following three trigger points, whichever occurs first, within all or any portion o[ a tract situated ~ithin Area 31: 1. recordation of a subdivision plat; 2. issuance of a building permit; or 3. connection to the Cites utility systems. Disbursement of Iml~act Fees to the Trustee: The Offsite Drainage Development Contract requires the immediate disbursement of impact fees to the Trustee upon receipt. As governed by City Charter, ArlJcle IV, Section 5, such disbursement requires adoption ol~ an ordinance appropriating the funds by Council. Therefore, it is anticipated that payment to the Trustee will be occurring no less than 30 days after receipt of funds from the developer. Termination of Offslte Dralnaqe Development Contract: The term of the Agreement approved by Council on December 31, 1985 was for the lessor of 20 years or full development of the service area. The 20-year mark will be December 31, 2005. ' Page-~ of 2 NAL FARM & G LOCATION ~ FLOUR ~&G Ditch 31 FLOUR BLUFF & ENCINAL FARM & G FLOUR BLUFF -':NCINAL FARM & ( SUBDIV Corp~ ChrLsfl FLOUR BLUFF & ENCINAL FARM & G 6,5Ol CITY OF CORPUS CHRISTI, TEXAS AN ORDINANCE APPROPRIATING $2,171.07 FROM YORKTOWN MINI STORAGE DEVELOPER'S CONTRIBUTION TO DRAINAGE CHANNEL NO. 31 IN THE NO. 4730 INFRASTRUCTURE FUND; AMENDING ORDINANCE NO. 024130, WI-IICH APPROPRIATED THE TRUST FUNDS, BY ADDING $2,171.07 TO THE NO. 4730 INFRASTRUCTURE FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $2,171.07 from Yorktown Mini Storage developer's contribution to drainage channel 31 in the No. 4730 Infrastructure Fund is appropriated and that ordinance No. 024130 is amended by adding $2,171.07 to the No. 4730 Infrastructure Fund. 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 shall take effect upon first reading as an emergency this the 20th day of July, 2004. A'I-rEST: THECITYOFCORPUSCHRISTI Armando Chapa City Secretary APPROVED t,/,, [;} /~ .2004. By: Joseph~ame~' ~ Assistant City Attomey For City Attomey Samuel L. Neal, Jr. Mayor Corpus Chdsti, Texas day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, 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: INVe, 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 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 Garret-[ Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 24 AGENDA MEMORANDUM AGENDA ITEM: July 20, 2004 Ordinance appropriating $34,809.71 from Yorktown Crossing Unit 3 developer's contribution to Drainage Channel No. 31 in the No. 4730 Infrastructure Fund; amending Ordinance No. 024130, which appropriated the Trust Funds, by adding $ 34,809.71 to the No. 4730 Infrastructure Fund. Motion approving payment of $ 34,809.71 developer's contribution fTom Yorktown Crossing Unit 3 from the No. 4730 Infrastructure Fund to Mark Bratton Estate Trustee, for disbursement to the appropriate Funding Owners, in accordance with the Offsite Drainage Development Contract, Master Plan Drainage Channel 31, between the City of Corpus Chdsti and Trustee; and declaring and emergency. ISSUE: Improvements to Master Channel No. 31 were funded through a Trust Agreement between developer Mark Bratton (deceased) and the City of Corpus Christi. The agreement requires the City to collect payments from other developers that use the Channel and reimburse the Mark Bratton Estate (trustee) for his initial expenditure. REQUIRED COUNCIL ACTION: Approval of an appropriation ordinance, after Drainage Channel No. 31 are received by the City. to pay Trustee for further disbursement to the appropriate Funding Ownem, in a,"~?rdance with Contract and Agreement between the City of Corpus Christi and the Trustee. FUNDING: Funds are available from the No. 4730 Infrastructure Fund. RECOMMENDATION: Staff recommends approval of the ordinance and motion as presented. B.A. Ba(~%,l C P. Director or-Development Services A'FrACHM ENTS: Exhibit A_ Background Information Exhibit B Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Current Situation: The developers of Yorktown Crossing Unit 3 submitted the plat for approval by the Planning Commission and triggered the Master Channel 31 impact fee. Evolution of the Master Plan Drainaqe Channel 31 Trust Fund: In 1985, several landowners (participating owners), including the Corpus Christi School Disb'ict (CCISD) began investing in the basic infrastructure necessary for development of an area north of Yorktown Boulevard and east of Staples Street. Included in this area is the Kaffie Middle School site. The water and wastewater trust funds, established by the City in 1982, which are funded by the imposition of lot/acreage fees, were being used, as they are today throughout the City, to pay for water and wastewater improvements which serve the area. Development was hindered, as it is today without a similar system for drainage costs in areas without a drainage outfall in place. The interested owners (participating owners) implemented a plan for drainage of the area by providing the initial funding for Drainage Channel No 31, including acquisition of right- of-way, excavation of the channel, construction of crossing structures under the existing roadways (Rodd Field and Cimmaron Boulevard), erosion protection structures and other incidental work. The City utilized its condemnation power to acquire two parcels of land which could not be acquired by negotiation at the time. In order to equitably distribute the costs among all properties in the tributary area, the participating owners established an impact fee based upon the area of tract and the distance runoff from the tract would utilize the drainage channel. The Ci[y's role in this proposal is the collection of the impact fee from both Non-Participating Owners and Participating Owners and disbursing the funds plus interest to the Trustee of the Funding owners (CCISD, Harris & Chades Kaffie, and Mark Bratton). The governing Contract and Agreement was made and entered into between the Trustee (Mark Bratton) and the City of Corpus Christi on December 31, 1985. An Amendment to the Contract was authorized by City Council on February 18, 1997. Page 1 of 2 Prior Council Actions Associated with Master Plan DralnaCle Channel 31 1. Motion approving Offsite Drainage Development Contract with Mark Bratton, Trustee, providing for acquisition of dght of way, excavation of Drainage Channel No. 31, construction of related structures, and establishment ora pro rata acreage plan for area served by Channel 31, and City collection of the pro rata acreage fee upon platting, building permit issuance, or utility service, and dispersing this pro rat fee plus interest to Trustee on December 31, 1985 (M85- 0597). 2. Resolution auLhorizJng City Manager to take the necessary actions to establish Impact Fees for the Master Plan Drainage Channel 31 improvements, scheduling a public hearing to receive comment on the adoption of Land Use Assumptions, Capital Improvements Plan and Impact Fees; appointing the Planning Commission as the Capital Improvements Advisory Committee on November 26, 1996 (Res. fl022773). Motion amending Off.site Development Contract authorized December 31, 1985, between Mark Bratton, Trustee, and the City of Corpus Chdsti to attribute actual costs, pro rata, to each tract situated within Channel 31 Service Area calculated on an acreage and use basis with respect to that portion of the cost of the project situated downstream of each particular lract on February 18, 1997 (M98-046). Ordinance adopting the Capital Improvements Plan and Impact Fees for Master Plan Drainage Channel No. 31; amending the platting ordinance to include such fees; and amending Chapters 13 and 55 of the City Code to reference the Platting Ordinance Impact Fee provisions on Apdl 22, 1997 (Ord. #022913). Impact Fee Collection Triclqer Points: Impact fees are collected at one of the following three tdgger points, ~4~ichever occurs first, within all or any portion of a tract situated within Area 31: 1. recordation of a subdivision plat; 2. issuance of a building permit; or 3. connection to the Cites utilitysystems. Disbursement of Impact Fees to the Trustee: The Offsite Drainage Development Contract requires the immediate disbursement of impact fees to the Trustee upon receipt. As govemed by City Charter, Article IV, Section 5, such disbursement requires adoption of an ordinance appropriating the funds by Council. Therefore, it is anticipated that payment to the Trustee will be occurring no less than 30 da~ after receipt of funds from the developer. Termination of Offsite Drainage Development Contract: The term of the Agreement approved by Council on December 31, 1985 was for the lessor of 20 years or full development of the service area. The 20-year mark will be December 31, 2005. I ExhlbitA I Page 2 of 2 LOCATION MAP ~ Ditc SITE ~G JNIT 1 PHASE ~1~,¢~'"~'~,;.~ ~,~ ~. "~ ~ CITY OF CORPUS CHRISTI, TEXAS AN ORDINANCE APPROPRIATING $34,809.71 FROM YORKTOWN CROSSING, UNIT 3 DEVELOPER'S CONTRIBUTION TO DRAINAGE CHANNEL NO. 31 IN THE NO. 4730 INFRASTRUCTURE FUND; AMENDING ORDINANCE NO. 024130, WHICH APPROPRIATED THE TRUST FUNDS, BY ADDING $34,809.71 TO THE NO. 4730 INFRASTRUCTURE FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $34,809.71 from Yorktown Crossing, Unit 3 developer's contribution to drainage channel 31 in the No. 4730 Infrastructure Fund is appropriated and that ordinance No. 024130 is amended by adding $34,809.71 to the No. 4730 Infrastructure Fund. 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 nccd 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 shall take effect upon first reading as an emergency this the 20th day of July, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED By: Joseph a~rne?J~ Assistant City Attorney For City Attorney ,2004. 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: INVe, 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 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 Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 25 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 20, 2004 AGENDA ITEM: a) Ordimmce authorizing the City Manager, or designee, to execute an Airline Use and Lease Agreement with American Eagle Airlines, Inc.. Atlantic Southeast Aklines, Inc., Expressjet Airlines. Inc., and Southwest Airlines Company for use of space at Corpus Christi International Airport in consideration of payment of fees that total approximately $5 94 per enplaned passenger and are adjusted annually based on a fixed formula, for a term of up to twelve months; providing for publication; and declaring an emergency b) Ordinance authorizing the City Manager, or designee, to execute an Airline Use and Lease Agreement with American Eagle Airlines, Inc., Atlantic Southeast Airlines, Inc., Expressjet Airlines, Inc, and Southwest Airlines Company for use of space at Corpus Christi International Airport in consideration of payment of fees that total approximately $5.94 per enplaned passenger and are adjusted annually based on a fixed formula, expiring July 31, 2008; providing for publication. ISSUE: We are currently operating on a month-to-month holdover provision in the Airport Use Lease Agreement that expired on December 31, 2001. We have held several meetings with the Airlines to negotiate the terms of the new lease agreement. Our goals to accomplish with this lease were: · Maintain rates consistent with current levels for Airlines · Meet Airport budget and cash flow needs · Have sufficient matching CI~ funds when needed · Set out responsibilities of Airport and Airlines · Satisfy Airline akside and landside needs adequately The following are highlights of areas addressed in the new Lease: · 4 ½ year lease instead of the typical five year lease due to PFC regulations regarding lease agreements · Defined Terminal Equipment which now includes the Passenger Loading Bridges which previously belonged to the Airlines · Added provisions for a Federal Inspection Station · Added provision for Security for Payment in certain situations · Address fees to Ah-pon for subletting of Airline space The following are highlights of areas addressed in the new Lease: (continued) · Added a provision for Airlines to assist in making available their leased spaces to accommodate other Airlines when needed · Added provisions to meet the requirements of the Series 2000 Bond Issue · Changed Exhibit D Maiutemmce Responsibility as needed · Changed Exhibit G Rates and Charges Model to keep rates and charges in line with current rotes and adding a provision to allow for funds to be available for ~n Airport Capital Reserve Fund to acquire matching funds needed for FAA grants REQUIRED COUNCIL ACTION: Council approval as requested. PREVIOIJ$ COUNCIL ACTION: January 1, 1989 - Ordinance authorizing an Airport Use and Lease Agreemem with American Airlines, Inc. Continental Airlines, Inc., and Southwest Airlines Company which expires on December 31,1993. (Ordinance No. 020901 ) July 1, 1990 - Ordinance authorizing an Airport Use and Lease Agreement with Delta Air Lines, Inc. which expires on December 31,1993. (Ordinance No. 020953) June 22, 1993 - Ordinance authorizing an assignment of Ah-port Use and Lease Agreement with Delta Air Lines, Inc to Atlantic Southeast Airlines, Inc. which expires on December 31, 1993. (Ordinance No. O21694) March 1, 1991 - Ordinance authorizing an Airport Use and Lease Agreement with Conquest Airlines Corporation, which expires on December 31, 1993, ( Ordinance No. 021172) December 21, 1993 - Ordinance authorizing a one year extension of the Airport Use and Lease Agreement which expires on December 31, 1994. (Ordinance No 021830) September 24, 1996 - Ordinance authorizing a five-year lease of the Airport Use and Lease Agreement wbach expires on December 31, 2001. (Ordinance No. 022709) FUNDING: N/A CONCLUSION AND RECOMMENDATION: On Juno 11, 2003, ~e Airport Board recommended approval of this item. (~~ Department Head Signature Attachments: Exhibit A - Background Information Exhibit B - Lease Summary BACKGROUNDINFORMATION Lease Summary Exhibit A This is a standard short and long term lease as required by Charter for leases over one year in duration. The short term lease will be effective upon Council ~toProval and their declaring an emergency. The long term lease will be effective upon the 61 day following approval at the second reading, which must follow the first reading by at least 28 days. The long term lease expires July 31, 2008 and provides for a method to establish rates and charges for the signatory and non-signatory airlines operating at the airport. It also addresses maintenance, security, and other issues relative to the aidine business at the Airport. ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE TO EXECUTE AN AIRLINE USE AND LEASE AGREEMENT WITH AMERICAN EAGLE AIRLINES, INC., ATLANTIC SOUTHEAST AIRLINES INC, EXPRESS JET AIRLINES, INC., AND SOUTHWEST AIRLINES COMPANY FOR USE OF SPACE AT CORPUS CHRISTI INTERNATIONAL AIRPORT IN CONSIDERATION OF PAYMENT OF FEES THAT TOTAL APPROXIMATELY $5.94 PER ENPLANED PASSENGER AND ARE ADJUSTED ANNUALLY BASED ON A FIXED FORMULA, FOR A TERM OF UP TO TWELVE MONTHS; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manger, or his designee, is hereby authorized to execute an Airline Use and Lease Agreement with American Eagle Airlines, Inc., Atlantic Southeast Airlines, Inc., Expressjet Airlines, Inc., and Southwest Airlines Company for use of space at Corpus Christi International Airport in consideration of payment of fees that total approximately $5.94 per enplaned passenger and are adjusted annually based on a fixed formula, for a term of up to twelve months. SECTION 2. Publication will be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Christi. SECTION 3. That upon written request of the May 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 City Secretary For City Attorney ,2004 Samuel L. Neal, Jr. Mayor LaurteLIohnBurke\Ordinence~irlin¢ use and lea~e a~reemcnLIla 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 bNO 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 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 Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott ORDINANCE AUTHORIZING THE ClTY MANAGER, OR DESIGNEE, TO EXECUTE AN AIRLINE USE AND LEASE AGREEMENT WITH AMERICAN EAGLE AIRLINES, INC., ATLANTIC SOUTHEAST AIRLINES, INC., EXPRESSJET AIRLINES, INC., AND SOUTHWEST AIRLINES COMPANY FOR USE OF SPACE AT CORPUS CHRISTI INTERNATIONAL AIRPORT IN CONSIDERATION OF PAYMENT OF FEES THAT TOTAL APPROXIMATELY $5.94 PER ENPLANED PASSENGER AND ARE ADJUSTED ANNUALLY BASED ON A FIXED FORMULA, FOR A TERM EXPIRING JULY 31,2008;PROVIDING FOR PUBLICATION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is hereby authorized to execute an Airline Use and Lease Agreement with American Eagle Airlines, Inc., Atlantic Southeast Airlines, Inc., Expressjet Airlines, Inc., and Southwest Airlines Company for use of space at Corpus Christi International Airport in consideration of payment of fees that total approximately $5.94 per enplaned passenger and are adjusted annually based on a fixed formula, for a term expidng July 31, 2008. SECTION 2. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED:~ ~,~')t~ ~, ,2004 //J'~j/~n P. Burke, Jr. ~,~/ssistant City Attorney -For City Attorney Samuel L. Neal, Jr. Mayor L~urie~ohnBurke\Ordlnance~airlinc us~ For 54 month~.lln That the foregoing ordinance was read for the first time and passed to its second reading on this the Samuel L Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly day of ,2004, by the following vote: Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly APPROVED AND PASSED on this ATTEST: ,2004, by the following vote: Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott day of ,2004. Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor Laud¢~JohnBarke\Ordlnance~aldlnc u~¢ I'or 54 month~,lla 26 CiTY COUNCIL AGENDA MEMORANDUM City CouncJI Ac~on Date: July 20, 2004 AGENDA ITEM: ORDINANCE APPROPRIATING ._~8_ ,472 IN AIRPORT OPERATING FUND 4610; TRANSFERRING $888,472 INTO THE AIRPORT CAPITAL RESERVE FUND 4611 FOR AIRPORT CAPITAL PROJECTS AND CAPITAL EXPENDITURES; AMENDING FY 2003-2004 OPERATING BUDGET ADOPTED BY ORDINANCE NO_ 025394 TO INCREASE APPROPRIATIONS BY $688,472; AND DECLARING AN EMERGENCY ISSUE: An Airport Capital Reserve Fund was set up in 2000 when the Airport 2000 bonds were issued as a requirement of the bond covenant. At the time, them were rest~cted funds in the Airport Operating Fund for the purchase and procurement of Airport cap,tel in the amount of $688,472. The ~unds were not transferred and should now be t~ansferred to the Airport Capital Reserve Fund in order to properly a__,~'~_ Jnt for rite funds. Approval of this ordinance will accomplish this task. REQUIRED COUNCIL Ac'noN: Approval of rite Ordinance as presented. PREVIOUS COUNCIL ACTION: None FUNDING: Funds are available in the Airport Operating Fund 4610 $688,472 CONCLUSION AND RECOMMENDATION: Staff re<=mmends approval. Attachments: Exhibit A: Background Head Signature BACKGROUND INFORMATION BACKGROUND: An Airport Capital Reserve Fund was set up in 2000 when the Airport 2000 bonds were Issued as a requirement of the bond (~venant. At the time, there were resl~cted funds In the Airport Operating Fund for the procurement of Aiq)ort capital in the amount of $~8,472 designated as such from previous fiscal years in accordanc~ with t)he Airline lease agreement. At the time the new fund was set up, these funds were not transferred into the new fund. This ac~on wilt bander the restricted funds into tJle Airport Capital Reserve Fund in order to properly account [or the funds. Appn)val of this ordinance will accomplish this task. Exhibit ORDINANCE APPROPRIATING $688,472 IN AIRPORT OPERATING FUND 4610; TRANSFERRING $688,472 INTO THE AIRPORT CAPITAL RESERVE FUND 4611 FOR AIRPORT CAPITAL PROJECTS AND CAPITAL EXPENDITURES; AMENDING FY 2003-2004 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 025394 TO INCREASE APPROPRIATIONS BY $688,472; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY' OF CORPUS CHRISTI, TEXAS: SECTION 1. That $688,472 is appropriated from reserve for capital expansion in Airport Operating Fund 4610 and $688,472 is transferred into the Airport Cap~l Reserve Fund 4611 for airport capital projects and capital expenditures. SECTION 2. That FY 2003-2004 Operating Budget adopted by Ordinance No. 025394 is amended to increase appropriations by $688,472. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and deciares 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 flint reading as an emergency measure this the day of ,2004. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: July 15, 2004 for City Attomey Samuel L. Neal, Jr. Mayor Corpus Christi, Texas Day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, Texas For the reasons set fodh 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 qrdinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor 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 Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 27 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 7f20/04 AGENDA ITEM: Ordinance appmpr/ating $36,993.96 in interest em'nings from the Unreserved Fund Balance in Fund 3170, Computm- System 1998 CIP Fund (CO) nad $1,154.19 fimu current year ~t etaminl~ in F~md 3170, ComlJatea' System 1998 CIP Fund (CO) for PeopleSoft financials computer ffaining; arnendin~ FY 2003-2004 Capitlll Budget adop~l~l by OrdinanCe 025647 tO ina'ease appropriaticms by $38,148 15; and dael~-ing an The City is in the prrn:ess of upgrading bom PeopleSoR Fina-eials version 7_02 to version 8.8. A Iraining scbedule has b~n d~vdoped wi~cby key staff members fc~ each PeopleSofl Module ~re tO be trained in the fum:tionahty of tbeir area ofcxpcrUse. In follOWing thc tram-tbe-tram~ approach, they th,..,n will be ~luipped tn Uain at~ilional City sudYal no ~laitional cost. In order to ,-~mplish the aggm~ivc Iraining schedule r~qui~d for a successful impIcmentaho~, additional ill,ling is n~luired. REQUIRED COUNCIL ACTION: Approval is required of/he Ordinance appropriating $36,993.96 in interest earnings fi,om the Unreserved Fund Balance in Fund 3170 and $1,154.19 from current year rata'est earnings for PeopleSoflc fin~ncials vxanpttter training. FUNDING: The total cost of $38,148.15 will be funded from the Fund 3170, Col]Ipll[LY SynC]Il 1998 CI~ Ftmd. CONCLUSION AND RECOMMENDATION: City Staff recommends approval of the Ordinance appropriating $36,993.96 in interest earnings from the Unreserved Fund Balance in Fund 3170, Computer Sys~m 1998 ClP Fund (CO) and $1,154.19 fi~u cummt year interest earnings m Fund 3170, Computer System 1998 CIP Fund (CO) fro- PeopleSot~ fmancials computer ll'aining. Director of Financial Services B ,.ae;~m~ Informabon BACKGROUND INFORMATION On M~ch 24, 1998, City Co~m¢il authorized the purchase of the PanpleSofi Fmancials System. In March 1999, the Financial System was brought on-line at version 6.0 and upgraded to version 7.02 shady ~. The City is ctns~utly upgl~ting the Financials System from version 7.02 to version 8.8 which will be suppola~d through Deua~ber 2007. The applications being upgraded include general ledger, asset managerli~l~ mvantory, purchasing and account~ payable. The upgrade to People. Soft version 8.8 is a si~onific, s. nt ch~llem3e~ ~ as ha~pleSott has now merged the public sector code with the comm~:ial code, changed the mt~mal format of the si~onific, antly, and kuplemented web based tochnology reflecting an industry-wide move away ffran clicnt..serv~- tcclmology. The total effect of these changes is that the upgrade fi.om version 7.02 to 8.8 is the most cnmplcx to On May 18, 2004, City Council authorized [he ~li,ation of the PeopleSoft Solulx~s Cxaxlgr Upgrade S~awices in tandem with PeopleSoR Consulting Resonmes. This will enable the City to s,u-~ssfully ooundlC~e the complex fimctioml and technical upgrade. Upon co~upletion of the upgrade process, staffmust be a-ained both on the tl:rJmical ~ of the upgrade as well as the flJ/~onal aspe~ oa tl~ us~-sid~ in oo:[~r to milb.e and Lnke advantage of all features and funcUoas that the upgrade offers and supports. ORDINANCE APPROPRIATING $36,993.96 IN INTEREST EARNINGS FROM THE UNRESERVED FUND BALANCE IN FUND 3170, COMPUTER SYSTEM 1998 ClP FUND (CO) AND $1,154.19 FROM CURRENT YEAR INTEREST EARNINGS IN FUND 3170, COMPUTER SYSTEM 1998 CIP (CO) FOR PEOPLESOFT FINANCIALS COMPUTER TRAINING; AMENDING FY 2003-2004 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 025647 TO INCREASE APPROPRIATIONS BY $38,148.15; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $36,993.96 is appropriated in interest earnings from the Unreserved Fund Balance in Fund 3170, Computer System 1998 CIP Fund (CO) and $1,154.19 is appropriated from current year interest earnings in Fund 3170, Computer system 1998 CIP (CO) for PeopleSoft Financials Computer Training. SECTION 2. That FY 2003-2004 Capital Budget adopted by Ordinance No. 025647 is amended to increase appropriations by $38,148.15. 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 THECITYOFCORPUSCHRISTI Armando Chapa City Secretary APPROVED: July 14, 2004 Lisa Aguilar ('~ Assistant City-Attorney for City Attorney Samuel L. Neal, Jr. Mayor 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 Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 28 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 7/13/2004 AGENDA ITEM: AMENDING THE CODE OF ORDINANCES BY REVISING SECTION 39-303, STANDARD CLASSIFICATIONS, PAY PLANS, PAY GRADES, AND RANGES, AS AMENDED; REVISING SECTION 39-304, CLASSIFIED SERVICE DEF1NED, TO ADD PAY PLAN 1000; REVISING SECTION 39-309, EMPLOYEE COVERAGE UNDER THE CITY'S PRIMARY GROUP HOSPITILIZATION PROGRAM FOR ELIGIBLE EMPLOYEES; REPEALING ALL OTHER ORDINANCES, AND RULES, OR PARTS OF ORDINANCES, AND RULES, IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING FOR SEVERANCE. ISSUE: Implementation of new Classifica tion/Compensation Plan, Phase III The continuing goal for the City of Corpus Christi is to deliver high quality services with fewer, more qualified, and better compensated employees. Effective July 26, 2004, it is proposed that (1) employees in all Pay Plan Structures in Section 39-303 of the City' s Code of Ordinances, and (2) pay structure range minimums and maximums, be concurrently granted a 3% pay increase. As in previous phases, implementation of Phase III of the Classification/Compensation Plan movement toward market competitiveness is based on funding identified in departmental budgets for FY 2004- 2005 through budget reductions and/or deletion of vacant positions. This increase, as proposed, would apply to Council Appointed Positions unless otherwise directed by the City Council. Phase III does not apply to Police and Fire Personnel covered by collective bargaining agreements_ Attached is a summary of the ongoing progress made in the phased-in implementation of the Classification and Compensation study and the status of development and implementation of Skill-Based Pay (SBP) as a compensation system designed to support reengineering efforts in City departments. Proposed Revisions to Chapter 39 of the City Of Corpus Christi's Code of Ordinances to Reflect Proposed Pay Increases and Revisions to Language Each year a "housekeeping" Ordinance is prepared for the City Council to: Revise Pay Plans in Code of Ordinances, Chapter 39, Personnel, Sec. 39- 303, Standard Classifications, Pay Grades, and Ranges, to reflect pay increases, if any, and to include or exclude Council-Appointed positions, as directed by the City Council; Revise language in Code of Ordinances, Chapter 39, Personnel, if any, to clarify, add, delete, or update administrative rules and provisions related to compensation, classification, benefits, etc. See Background Information Section for proposed revisions. REQUIRED COUNCIL ACTION: Requesting the City Council to approve revisions to the City of Corpus Christi's Code of Ordinances, as amended, Chapter 39, Personnel, for administration of the Compensation & Classification Plan for FY 2004-2005. FUNDING: The estimated cost for Phase 3 of the Compensation and Classification Implementation Plan is $ 2,624,666 which has been incorporated into the City's budget for FY 2004-2005. T hat includes $ 1,534,000 in the General Fund. Phase 3 is proposed to be funded through budget reductions and elimination of vacant positions. In addition, $ 230,000 has been budgeted in applicable funds for Skill-Based Pay Programs. CONCLUSION AND RECOMMENDATION: Competitive compensation and benefits package, re-engineering, and implementation of Skill-Based Pay Systems are components that support the City of Corpus Christi's continuing goal to deliver high quality services with fewer, more qualified, and better compensated employees. It is recommended that the City Council approve the proposed revisions to the Code of Ordinances, Chapter 39, Personnel, which support this goal for FY 2004-2005_ Director of Human Resources BACKGROUND INFORMATION Proposed Revisions To Chapter 39 of the City of Corpus Christi's Code of Ordinances: Revision of Code of Ordinances, Section 39-303, Standard Classification, pay Grades, and Ranges, to provide for a concurrently granted 3% general pay increase to eligible employees and pay plan structures effective July 26, 2004, to include Council-Appointed positions, unless otherwise excluded by the City Council, and to exclude Police and Fire personnel covered by collective-bargaining agreements. Add a new Section 39-303, Subsection J, Pay Plan 1000, to cover positions focused on delivery of engineering services, except for those in Pay Plan 400 (Executive). This action is taken to address labor market competitiveness in the attraction and retention of highly skilled and qualified applicants for Engineer and related positions. Revise Section 39-304, Classified Service Defined, to add a new Pay Plan 1000 (Engineers/Engineering Services) to the list of Pay Plans exempted from the Classified Service (Municipal Civil Service Board Rules and Regulations). Pay Plan 1000 includes all related position titles except for those that fall in Pay Plan 400 (Executives). Revise Section 39-309(a), Employee Coverage Under the City's Primary Group Hospitalization Program For Ehgible Employees, to increase the employee's monthly cost of health insurance from $21.66 to $31.68. II. Compensation and Classification Study in 2001-2002 In FY 2002-2003, the City of Corpus Christi successfully implemented the Compensation & Classification Study conducted in FY 2001-2002 to meet departmental business objectives, such as: Replacing the City's aging, obsolete system; Attracting and retaining qualified employees; Supporting re-engineering efforts for the Depml~nents of Water, Wastewater, Storm Water, Gas, Streets, Solid Waste Services, and the Park Maintenance Division through development and implementation of skill-based pay systems; Providing solutions for citywide compensation issues such as, internal equity of jobs within designated pay grade levels; Designing competitive pay plans; Providing the Council with an affordable phased-in implementation plan that began last fiscal year and will continue in FY 2003-2004 with Phase 2 of the Plan; The City of Corpus Ctmsti's goal is to reach 100% of competitive labor market rate for like positions with a phased-in approach, as guided by annual surveys, and stay even with market movement from year to year. III. Phase I Implementation in FY 2002-2003 In FY 2002-2003, the new Compensation and Classification Plan was implemented. Employees, excluding Police and Fire covered by collective bargaining agreements, were transitioned into new pay plans_ Most employees received a pay increase based on a pay range in each pay plan that was adjusted to reflect a mid-point pay level that was approximately 90% of the competitive labor market rate. In the transition in FY 2002- 2003 of employees into the new Pay Plans, 86% of the implementation dollars went to Non-exempt (overhme eligible) employees largely due to bringing eligible employees up to the minimum of the new pay plan ranges. Other employees received pay adjustments ranging from 1% to 2.3% based on a combination of longevity and location of their pay in the new ranges at time of transition. IV. Phase II Implementation in FY 2003-2004 Effective July 28, 2003, all Pay Plan Structures in Sec. 39-303 of the City of Corpus Christi's Code of Ordinances received a 3% increase to pay range minimums and midpoints to adjust the sa-ucture from 90% to 93% of market, and a 2% increase to maximums needed to maintain market at 100%. Employees in those Pay Plans were granted a 3% pay increase, except for employees a t t he maximums o f t heir p ay ranges w ho shall receive a 2% pay increase, the maximum percentage needed to bring their pay to 100% of market_ Effective December 1, 2003, all Pay Plan Structures in Sec. 39-303 received a 2% increase to pay range minimums and midpoints to adjust the slructure from 90% to 93% of market, and 0% increase to maximums that were adjusted to 100% of market effective July 28, 2003_ Employees in those Pay Plans were granted a 2% pay increase, except for employees who had reached the maximums of their pay ranges and had been at 100% of market since July 28, 2003. V. Phase III Implementation in FY 2004-2005 Effective July 26, 2004, it is proposed that a 3% pay increase be concurrently implemented as follows: (1) granted to employees assigned to Pay Plan Structures in Section 39-303 of the City's Code of Ordinances, and (2) granted to minimums and maximums of pay slructure ranges to all Pay Plans in Section 39-303_ This increase, as proposed, would apply to Council Appointed Positions unless otherwise directed by the City Council. Phase HI does not apply to Police and Fire Personnel covered by collective bargaining agreements. The phased-in implementation plan designed by Waters Consulting Group, Inc. in 2002 suggested an annual two-partpay adjustment of 5% in Phases II through IV subject to annual review of economic conditions and the City's ability to fund the increases Part I of the adjustment proposed an annual 3% general increase in 5 phases to incumbents' pay to move their actual salaries closer to market competitiveness; and (2) Part H provided for an annual adjustment of approximately 2% per year concurrently granted to pay plan snmctures to maintain competitiveness of the City of Corpus Christi's Pay Plans. In the 12 months ended December 2003, the Consumer Price Index (CPI) for all Urban Consumers rose by 1.9%. In thefirst three months of 2004, there has been a 5.1% increase in CPI with medical care, food, transportation, and energy commodities and services (including gasoline and other oil products) leading the increase. The 3% increase proposed for July 26, 2004, will address market movement in the City's pay structures while leaving 1.1% movement in incumbents' pay from 93 % in FY 2003-2004 to 94.1% in FY 2004-2005. VI. Other Issues with Pay and Benefits in FY 2004-2005 City employees will receive a 1% reduction in take-home pay effective January 1,2005, when the TMRS' employee contribution increases from 5% to 6% to be in compliance with the contract between the City of Corpus Christi and the Police Collective Bargaining Unit. While this 1% contribution rate increase will enhance the employees' long-term retirement benefits with TMRS, in the short term it is a reduction in net take-home pay. Upon adoption of this enhancement to TMRS benefits for all employees eligible for TMRS, except for Firefighters who have a separate retirement system, communication with employees will begin in August 2 004 to prepare them for the decrease in net take-home pay effective January 1, 2005. In addition, City insurance premiums will increase in August 2004 as the City of Corpus Christi, like employers' nationwide, continue to battle rising medical and prescription drug costs. VII. Status of Skill-Based Pay Development and Implementation in FY 2003-2004: A. Pilot Project for Skill-Based Pay (SBP) for Water Production Technician (O. N. Stevens Water Plant) and Wastewater Treatment Technician (Wastewater Treatment Plants) Skill-Based Pay Programs support reengineering and the development of multi-skilled workers through rewarding employees who continuously learn and acquire increasingly complex core skills required for a department to meet its business objectives. The Skill-Based Pay (SBP) Pilot Project for Water Production Technician (O. N. Stevens Water Plant) and Wastewater Treatment Technician (all Wastewater Treatment Plants) was implemented on August 11, 2003. This Pilot effort provided opportunities to work through problems and issues t o successfully implement and track employees' development. Approximately 90% of SBP training is received on the job. Skill-Based Pay programs reward employees with compensation based on attainment of core skills instead of position titles h eld. This type o f compensation program supports re-engineering through development of highly skilled workers to operate complex facilities, such as the O.N. Stevens Water Plant and the multiple Wastewater Plants in Corpus Christi. Employee compensation is based on attainment of proficiency on sets of skills and meeting other pay advancement criteria, e.g. "Meets Expectations" Performance Evaluation and no disciplinary actions in specified time period. Pay advancements are automatic upon the employee completing all requirements. The Work Management System (MAXIMO) used b y t he Water a nd Wastewater Departments is being interfaced with the PeopleSoft Training Module in the City's Human Resources/Payroll System. Work Coordinators (supervisors), Planner/Schedulers, and Skill-Based Pay Coordinators work closely with employees and each other to ensure that training opportunities on required skills will be available. Computerized reports that track on-the-job training progress through Work Orders will facilitate administration of the Skill-Based Pay Program_ The City of Corpus Chfisti's Skill-Based Pay Programs provide career opportunities for local high school or GED graduates to enter a career path, such as a Water Production Technician, Wastewater Treatment Plant Technician, or other titles that will result from continuation of skill- based pay development_ Skill-Based Pay offers competitive wages for being multi-skilled in a complex area of City operations. In addition, the City's Pilot Skill-Based Pay System provides for hiring applicants above minimum of the range with demonstrated skills and a valid TCEQ license to operate a Water Production Plant or Wastewater Treatment Plant since skill proficiency determines compensation in a skill-based compensation plan. B. Metro-Com Technician (Police/Fire/EMS Dispatchers) Implemented Effective April 19, 2004 With the pay check of April 19, 2004, the City of Corpus Christi's Police/Fire/EMS Dispatchers were transitioned from their existing Pay Plan into SBP with the new title of Metro-Com Technician. C. SBP for Water Distribution and Supply and Wastewater Collections, Implementation Scheduled Effective July 26, 2004 City staff is working to meet the deadline for transition of Water Distribution and Supply employees and Wastewater Collection employees into Skill-Based Pay. Employees transitioned from their existing Pay Plans into the SBP Plan will see the changes in their pay checks of July 16, 2004. D. Planned SBP Implementations in FY 2004-2005 Skill-Based Pay Systems for the Stomtwater and Gas Depa~ hnents are currently being developed with implementation anticipated in February 2005. Other Depa~ tments scheduled for SBP in FY 2004- 2005 and FY2005o2006 include: Facility Maintenance; Park Maintenance; Streets and Solid Waste Services. Prepared by the Human Resources Department June 3, 2004 H:hRES-DIR~SHARON~Agenda Housekeeping 04 05~-IOUSEKEEPING AGENDA ITEM 2004 2005.doc AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY REVISING SECTION 39-303, STANDARD CLASSIFICATIONS, PAY PLANS, PAY GRADES, AND RANGES, AS AMENDED; REVISING SECTION 39-304, CLASSIFIED SERVICE DEFINED, TO ADD PAY PLAN 1000; REVISING SECTION 39-309, EMPLOYEE COVERAGE UNDER THE CITY'S PRIMARY GROUP HOSPITALIZATION PROGRAM FOR ELIGIBLE EMPLOYEES; REPEALING ALL OTHER ORDINANCES, AND RULES, OR PARTS OF ORDINANCES, AND RULES, IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING FOR SEVERANCE. BE IT ORDAINED BY THE CITY COUNCIL OF ~ CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 39-303 of the Code of Ordinances of the City of Corpus Christi, Texas is revised to read as follows: Sec. 39-303. Standard Classifications, Pay Grades, and Ranges. (a) Classifications. The classifications of employees of the City will include Pay Plan 100 (Skill-Based Pay); Pay Plan 200 (Temporary/Part-Time); Pay Plan 300 (Police and Fire Managerial Positions that are not covered in Collective Bargaining Agreements or in Executive Pay Plan 400); Pay Plan 400 (Executives); Pay Plan 500 (LegalJAttomey); Pay Plan 600 (FLSA Overtime Exempt); Pay Plan 700 (Information Technology); Pay Plan 900 (FLSA Overtime Eligible), as set forth in this Section: Pay Plan 1000 (Engineering related/Engineers). This Section does not apply to Police and Fire employees covered by collective bargaining agreements. (b) Pay Plan 100. Skill-Based Pay Plan 100 includes pay range structures established for administration of the Citywide Skill-Based Pay System. The City Manager is authorized to add Skill-Based Pay Range Structures and training programs throughout the fiscal year as job titles are consolidated and transitioned from existing pay plans in Chapter 39, Sec. 39-303 into Skill-Based Pay Plan 100. The pay grades and ranges for positions in Skill-Based Pay Plan 100 are as follows: Page 1 of 18 Pay Plan 100, CiBavide Sldll Based Pay System Z:r.t. v-oe"~' ~-~A-~ 8/11/03 (3%) 4- 1.0 4-5~94~ 4- 1.1 15,248 4- 1.2 15,655 4- 1.3 ~< '~o~ 4- 1.5 17,699 12/01/03 (2%) !5,2d~ !5,555 ! 5,507 17,271 3 3.1 24~596 39-A-68 3 3.2 ~n ~ ~,~ r-.n~ 3 3.3 '~ ~ '~,~ no~ 3 3.4 ~ no~ ~.743 3 3.6 ~n ~ ~ ~ 3 3.6 Jg ~7 J~ nnn 3 3.7 * 52,2~5 * 52,2~5 * Maxi_mm in FY ~.O0~. 2003 was 100% of market; for FY 2003 200'I, adjustod 2% for labor markot movemont 7/28/03; no furthor markot adjustment noedod to rmain at 100% on 12/1/03, thorofor~ 0% adjustxnont. Page 2 of 18 Pay Plan 100, Citvwide Skill-Based Pay System 3% Effective 7/26/2004 Zone Sub-Zone 1.0 ,1.1 1.3 1.5 Grades: 101,102 104, 105, 106 Grade 103 (Metro-Com Technician) 15,808 16,125 16,447 17,105 17,789 18,500 26,875 27,681 2.1 19,610 28,789 2.2 20,787 29364 2.3 22,034 29,951 .2.4 23356 .30351 2.5 24,757 31,162 .2.6 26,243 31,785 2.7 27,818 3.1 30,043 3.2 32,447 33 35,043 3.4 37,845 3.5 .42388 3.6 47,474 * 3.7 53,812 35399 39,870 44,655 47,649 * Sub-zone 3.7 applies to grades 101 and 102 only. (c) Pay Plan 200. Pay Plan 200 includes hourly temporary positions that are not covered in the FLSA Overtime Eligible Pay Plan 900. The City Manager is author/zed to make changes to this pay structure in subparagraphs (1) and (2) below throughout the fiscal year as required, such as for minimum wage changes as required by federal law. The pay grades and ranges for positions in Pay Plan 200 are as follows: Page 3 of 18 Pay P,an 200, Temporary/Part Time Pay Structure Effootivo 7/28/03 '211 $5 15 e~ ~ *'212 $6_L~ SE.LY3 215 ~ $11.77 216 e~ ~ ~ * Mi~m Wage ** Adjust~ to comply with State ~w md other l~al entitiea. $5.!5 tho pay received by election workem for Pay Plan 200, Temporary/Part Time Pay Structure Effective 12/01/03 '211 *'212 213 214 215 * ~nim~ ** Adjusted to oomply ~vith State Law and tho pay received by election workers for other local entitio:. Pay Plan 200, Temporary/Part-Time Pay Structure Effective 7/26/2004 Grade Minimum Midpoint Maximum '211 $ 5.15 $ 5.15 $ 5.15 *'212 $ 7.00 $ 9.00 $11.00 213 $ 7.60 $ 9.68 $12.65 214 $ 8_91 $11.35 $14.22 215 $ 9.70 $12.37 $15.50 216 $11.69 $14.90 $18.67 * Minimum Wage ** Adjusted to comply with State Law and the pay received by e]ection workers for other local entities. ***Grades 213 through 216: 3% increase effective 7/26/2004 Page 4 of 18 (d) Pay Plan 300: Pay Plan 300 will include the management positions that are not covered in the collective bargaining agreements or Pay Plan 400 (Executives). Salary ranges in Police and Fire Managerial Pay Plan 300 will maintain a minimum 5% differential (1) between the range minimum for Police Commanders and Fire Assistant Chiefs in the Police and Fire Managerial Pay Plan 300 and the entry step for Police Captain and Fire District Chief as stated in the applicable contract; and (2) between the range maximum for Police Commanders and Fire Assistant Chiefs in the Police and Fire Managerial Pay Plan 300 and the highest step for Police Captain and Fire District Chief as stated in the apphcable contract. The City Manager is authorized to make changes to this pay structure as required throughout the fiscal year to be in compliance with the effective salary ranges adopted in the apphcable Police and Fire Collective Bargaining Contracts. The pay grades and ranges for positions in Pay Plan 300 are as follows: Pay Plan 300, Police & Fire Managerial, Effective 7/28/03 3% 3% ~ 311 '~'~, ~,~- '~nc ~ :79,305 oc A'*'~ 312 ',~ -mc ~n ~ 85,]77 Pay Plan 300, Police & Fire Managerial, Effective 12/01/03 311 7-3;74-1- 312 ~ E5,~,77 Pay Plan 300 Police & Fire Managerial 3% Effective 7/26/2004 Grade M~imum Midooint Maximum 311 75,953 81,997 88,041 312 75,953 81,997 88,041 Page 5 ofl8 (¢) Pay Plan 400. Pay Plan 400 will include positions at the highest level of decision-making and responsibility. The pay grades and ranges for positions in Pay Plan 400 are as follows: Pay Plan 400, Exccutivcs, Effective 7/28/03 411 30,281 40,123 ~.~ 412 '~ ~,'m .~ 7~ 413 ~ ~ d7,910 ~ 4 ! 4 ~ ~ 72,292 4 ~ 5 ~ 59,a!7 nn 417 ~ ~ ~ !0! ~!D n~ on7 ~ !!d 40n 7n 7go 93,745 ~oa ~ 90,753 !0! aah ~o~ ~ !03,152 4~ ~n 430 C~ Manager No Rango No Rango Pay Plan 100, Executives, Effective 12/01/03 411 30788g ,,n .~ 4!2 ~76r,6 4476e8 ,4,!3 36788-2: 487869 4 ! 4 40.7'~,. ~ 415 ~ ~o ~ 417 ~ ~ ~ 421 ~. n~ ~ 422 o~ o~ 423 ~ ,~ ~ 430 Ci~ Manager No Rango g0,279 !!3,2!6 !!4,439 !46,257 No Rango Page 6 of 18 Pay Plan 400 (Executives) 3% Effective 7/26/2004 Grade Minimum Midpoint Maximum 411 31,813 44,106 56,400 412 34,676 48,076 61,476 413 37,989 52,667 67,346 414 41,996 58,223 74,450 415 46,636 64,657 82,678 416 52,257 72,448 92,639 417 58,814 81,540 104,266 418 65,778 91,195 116,612 419 66,490 107,631 117,872 420 74,332 103,053 131,775 421 75,166 104,210 133,254 422 83,318 93,792 104,266 423 84,975 117,810 150,645 424 95,355 106,614 117,872 430 City Manager ....................... No Range (f) Pay Plan 500. Pay Plan 500 will include positions focused on delivery of legal services, except those positions in Pay Plan 400 (Executives)_ The pay grades and ranges for positions in Pay Plan 500 are as follows: 512 ~n ~ 514 ~ ~n ~8,137 ~ ~n~ 517 ~ ~q ~a~ Pay Plan 500(a), Exempt (Overtime Ineligible), (Legal/Attorneys), Effective 7/28/03 Page 7 of 18 Pay Plan 500(a), Exempt (Overtime Ineligible), Legal/Attorneys), Effective 12/01/03 512 20,765 513 ~ ~ 515 ~ 516 ~ 518 ~ r6,765 Pay Plan 500(b), Non Exempt (Overtime Eligible), (Legal/Attorneys) Effective 7/28/03 112 ~n ~ ~9z964 5a,5a.O 113 ~ n-.~ ~a ,~<~ qn ~ 114 .... 30 ~o ~ ~r ~n~ 115 ~ ~ ~n~ ~ ~n~ 116 ~ ~.,~ ~ ~ on ton 117 ~ 6~,~, ~ 111 112 113 ~44 115 116 117 118 Pay Plan 500(b), Non Exempt (Overtime Eligible), (Legal/Attorneys) Effective 12/01/03 Page 8 of 18 Pay Plan 500 (a} Exemot (Overtime Ineligible Legal/Attorneys) 3% Effective 7/26/2004 Grade Minimum Midooint Maximum 511 29,071 40,304 51,537 512 31,688 43,931 56,175 513 34,698 48,105 61,513 514 38,168 52,916 67,664 515 42,177 58,473 74,770 516 46,817 64,907 82,997 517 52,202 72,373 92,544 518 58,468 81,060 103,652 Pay Plan 500 (b} Non-Exemot (Overtime Eligible Legal/Attorneys} 3% Effective 7/26/2004 Grade Minimum Midooint Maximum 11! 29,071 40,304 51,537 112 31,688 43,931 56,175 113 34,698 48~105 61,513 114 38,168 52,916 67,664 115 42,177 58,473 74,770 116 46,817 64,907 82,997 117 52,202 72,373 92,544 118 58,468 81,060 103,652 (g)Pay Plan 600. Pay Plan 600 will include all positions that may be designated as exempt fi:om overtime under the FLSA except positions in Pay Plan 700 (Information Technology), Pay Plan 500 (Legal/Attorney), Pay Plan 300 (Police and Fire Managerial), and Pay Plan 400 (Executives). The pay grades and ranges for positions in Pay Plan 600 are as follows: Page 9 of 18 Pay Plan 600, Exempt (Overtime Ineligible) Effective 7/28/03 611 612 2-5v3-7-4 613 614 616 ~ -,,~*' one 5~,072 617 .... Pay Plan 600, Exempt (Overtime Ineligible) Effective 12/01/03 611 g_3~,964 612 613 ~u ~u, ~ ~nu 48,8~ 614 615 617 ~0,7q2 Page 10of18 Pay Plan 600 Exeml~t (Overtime Ineligible) 3% Effective 7/26/2004 Grade I Minimum Midr)oint 611 24,683 33,789 612 26,658 36,492 613 28,924 39,594 614 31,528 43,158 615 34,523 47,259 616 37,976 51,986 617 41,965 57,445 618 46,581 63,765 619 51,938 71,099 620 58,171 79,633 ,Maximum 42,895 46,326 50,264 54,789 59 995 65 995 72925 80 949 90,259 101 095 (h) Pay Plan 700_ Pay Plan 700 will include positions focused on providing the information technology infrastructure for the City_ The pay grades and ranges for positions in Pay Plan 700 are as follows: Pay Plan 700(a), Non Exempt (Overtime Eligible), (Information Technology), Effective 7/28/03 711 712 713 714 715 716 717 718 719 720 Pagell of 18 Pay Plan 700(a), Non Exempt (Overtime Eligible), Information Technology) Effective 12/01/03 711 ~n~o~ 30;42t6 ~-43-,588 713 '*~ n~ ~ n~ 714 ~ ~o ~a ~n~ 715 ~,.~ ~ac a3,3]2. 52,991 717 ~ ¢~ ~ ~ ~r~ 718 ~ ~n ~ ~ 719 ~,2~! ~ ~n, n~ ,~ Plan 700Co), Exempt (Overtime Ineligible) (Information Technology), Effective 7/28/03 Page 12 of 18 Pay Plan 700(b), Exempt (Overtime Ineligible) (Information Technology) Effective 12/01/03 811 30-,2hg4 20,~.26 42,58~o 812 ~ rmQ ~ m~ ~7,292 814 ~ ~ ~a ~ ~ 817 25,~2 ~,.6~ ~ ~c~ Pay Plan 700 (a) Non-Exempt (Overtime Eligible) Information Technology 3% Effective 7/26/2004 Grade Minimum Midpoint Maximum 711 20,892 32,894 44,896 712 22,668 35,689 48,711 713 24,708 38,902 53,095 714 27,056 42,597 58,138 715 29,761 46,858 63,954 716 32,887 51,778 70,669 717 36,505 57,474 78,443 718 40,704 64,085 87,466 719 45,589 71,775 97,962 720 51,287 80,748 110,209 Page 13 of 18 Pay Plan 700 (b) Exemot Information Technology (Overtime Ineligible} 3% Effective 7/26/2004 (i) Grade Minimum Midpoint Maximum 811 20,892 32,894 44,896 812 22,668 35,689 48,711 813 24,708 38,902 53,095 814 27,056 42,597 58,138 815 29,761 46,858 63,954 816 32,887 51,778 70,669 817 36,505 57,474 78,443 818 40,704 64,085 87,466 819 45,589 71,775 97,962 820 51,287 80,748 110,209 Pay Plan 900. Pay Plan 900 will include all eml_,loyees not classified in another pay plan in this Section. Pay Plan 900 will include positions that are not designated as exempt under the FLSA. The City Manager will periodically review positions and take corrective action, as required, to assure they are properly classified under the FLSA. The pay grades and ranges for positions in Pay Plan 900 are as follows: Pay Plan 900, Non Exempt (Overtime Eligible) Effective July 28, 2003 9!2 ,~ ~c, ~n ~, 2~,~77 n~ ~ on r~ 37 717 aon ~c ~n ~ ~9 57 779 921 ~,~91 Page 14 of 18 Pay Plan 900, Non Exempt (Overtime Eligible) Effective 12/01/03 915 247466 917 ~ aa~ n~n a~ ,~o ~ 57 770 ~ ~ 5!,879 6~,990 Pay Plan 900 Non-Exempt (Overtime Eligible) 3% Effective 7/26/2004 Grade Minimum ,Midpoint Maximum 911 15,809 21,068 26,327 912 17,074 22,172 27,271 913 18,525 24,057 29,589 914 20,192 26,223 32,253 915 22,110 28,713 35,316 916 24,321 31,585 38,849 917 26,874 34,901 42,927 918 29,831 38,740 47,649 919 33,261 43,194 53,127 920 37,253 48,378 59,503 921 41,910 54,425 66,940 (j) Pay Plan I000. Pay Plan 1000 will include positions focused on delivery of engineering services, except those in Pay Plan 400 (Executives). The pay m'ades and ranges for vositions in Pa'/Plan 1000 are as follows: Page 15 of 18 Pay Plan 1000 Exemot EngineersfEngineerin Services (Overtime Ineligible) 3% Effective 7/26/2004 Grade Minimum Midpoint Maximum 613 38,750 52,918 67,085 615 42,624 58349 74,073 616 47313 64,767 82,221 617 52,518 71,892 91,265 618 58,820 80,519 102,218 SECTION 2. Section 39-304, of the Code of Ordinances of the City of Corpus Chdsti, Texas, is revised to read as follows: Sec. 39-304. Classified Service DeFined (Rcviscd Ordinanec//025395, 7/22/03) (a) The Classified Service includes all positions not exempted in this Section. The following are exempt from the Classified Service and, therefore, are not covered by rules and regulations of the Civil Service Board: (1) All positions within the following pay plans: Pay Plan 1000 (Engineering Services/Engineers) Pay Plan 700 (Information Technology), Pay Plan 600 (FLSA Exempt), Pay Plan 500 (Legal/Attorneys), Pay Plan 400 (Executives), and Pay Plan 300 (Police and Fire Managerial). (2) (3) All positions in the Mayor's office, and all positions in the City Secretary's Office. Any position t hat functions a s t he principal secretary o r assistant t o t he City Manager, Assistant City Manager, Executive Director, Municipal Court Judge, Department Dlxector, Assistant Department Director, City Secretary, City Attorney, Assistant City Attorney. (4) Temporary employees. (5) Ail members of the Police and Fire Collective Bargaining Unit. Any employee serving in a position not included in the Classified Services serves at will, at the pleasure of the City Manager (or the City Council if appointed by the City Council), and will have and continue such at-will status notwithstanding any other ordinance, role, or regulation of the City. No officer or employee of the City may waive or modify the at-will status of any position described in this Section Provided, however, Police and Fire positions are governed by collective bargaining agreements and state law as to job status. Page 16 of 18 SECTION 3. Section 39-309 of the Code of Ordinances of the City of Corpus Christi, Texas is revised to read as follows: Sec. 39-309. Employee Coverage Under The City's Primary Group Hospitalization Program For Eligible Employees. (a) Temporary and Ineligible Part-time Employees are not granted group health insurance coverage. All other employees are eligible for health insurance coverage as defined by the City Manager and shall sharo at the employee monthly cost of $21.5~ $31.68 with the City. SECTION 4. This Ordinance is effective upon final adoption by the City Council. All Pay Plans within tiffs Ordinance shall become effective July 26, 2004. Adjustments to salary ranges of Pay Plans within tiffs ordinance and concurrent pay increases for applicable employees will become effective July 26, 2004 as indicated on individual Pay Plans in Section 39-303 of the Code of ordinances. SECTION 5. 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 tiffs City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Page 17of18 That the foregoing ordinance was read for the first time and passed on this the 26th day of July, 2004, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Rex A. Kinaison Melody Cooper Jesse Noyola Mark Scott Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the __ day of ,2004 by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Hem-y Gm-rett Bill Kelly Rex A. Kinrdson John Longoria Jesse Noyola Mark Scott PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary LEGAL FORM APPROVED -~ ,~ By: ~m Su As ey __ day of ,2004. Samuel L. Neal, Jr. Mayor · 2004, Mary Kay Fischer, City Attorney C:~Sharon's DocumentsLAgenda Housekeeping 04 05\Ordinance Draft #1 .doc H:~RES-D1R~SHARON~genda Housekeeping 04 05\Ordinance Draft #1 .doc Page 18 of 18 29 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 20, 2004 AGENDAITEM: Public Hearing to consider amending the Comprehensive Plan of the City of Corpus Chdsti by amending the South Central Area Development Plan to include the Bayfront Master Plan; amending related elements of the Comprehensive Plan including the Urban Transportation Plan. Ordinance amending the Comprehensive Plan of the City of Corpus Chdsti ("The City") by amending the South Central Area Development Plan to include the Bayfront Master Plan; amending related elements of the Comprehensive Plan including the Urban Transportation Plan; providing for severance; and providing for publication. ISSUE: The Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the South Central Area Development Plan, to include the Bayfront Master Plan, an element of the Comprehensive Plan of the City of Corpus Christi, REQUIRED COUNCIL ACTION: Adopt amendment to South Central Area Development Plan, which includes the Bayfront Master Plan, its accompanying illustrated plan concepts, and all other elements and parts of the Bayfront Master Plan, and be adopted as an integral part of the Comprehensive Plan to read as shown in Exhibit "A", which is attached to and incorporated into this ordinance. PREVIOUS COUNCIL ACTION: The Comprehensive Plan was amended on February 17, 2004. CONCLUSION AND RECOMMENDATION: Staff recommends adoption of the Planning Commission recommended amendment. Assistant City Manager Attachments BACKGROUNDINFORMATION The South Central Area Development Plan (SCADP)was amended on February 17, 2004. The amendment included a requirement to provide neighborhood parks/activities (highest priority) and create incentives for promoting development of new tourist oriented uses along the Bayfront. As a result of this requirement in the Plan, a design team was contracted in December 2003 for development of a Bayfront Master Plan. The design team includes: Gignac & Associates-Raymond Gignac; Sasaki Associates-Alan Ward; Thompson, Ventulett, Stainback and Associates ('l-VS)-Kevin Gordon; and Arquitectonica (ARQ)-Bernardo Fort-Brescia. In February 2004, a Bayfront Questionnaire was put out to solicit input from interested groups and citizens, and five public meetings were held. A design charrette was held in March 2004. In April 2004, a presentation of preliminary concepts/options was presented to the City Council, and three public meetings were held. From April thru June 2004, six presentations were made to interested groups on the recommended Option #-4. On June 29, 2004, presentation of the detailed plan (Option #-4) was presented to City Council. During June-July 2004, fifteen public meetings were held to receive input. The Bayfront Master Plan was presented for review, comment and endorsement to the Park and Recreation Advisory Committee, Water Shore Advisory Committee, and Transportation Advisory Committee. On July 14, 2004, the Planning Commission conducted a public hearing on the Bayfront Master Plan and recommended City Council adoption of an amendment to the South Central Area Development Plan. AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF CORPUS CHRISTI("THE CITY") BY AMENDING THE SOUTH CENTRAL AREA DEVELOPMENT PLAN TO INCLUDE THE BAYFRONT MASTER PLAN;AMENDING RELATED ELEMENTS OF THE COMPREHENSIVE PLAN INCLUDING THE URBAN TRANSPORTATION PLAN; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the South Central Area Development Plan, to include the Bayfront Master Plan, an element of the Comprehensive Plan of the City of Corpus Christi; WHEREAS, with proper notice to the public, public headngs were held on Wednesday, July 14, 2004, dudng a meeting of the Planning Commission, and on Tuesday, July 20, 2004, dudng a meeting of the City Council of the City of Corpus Chdsti, during which all interested persons were allowed to appear and be heard; 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 South Central Area Development Plan (a part of the Comprehensive Plan of the City of Corpus Chdsti, Texas), is amended to include the Bayfront Master Plan, its accompanying illustrated plan concepts, and all other elements and parts of the Bayfront Master Plan, and is hereby adopted as an integral pad of the Comprehensive Plan to read as shown in Exhibit "A", which is attached to and incorporated into this ordinance. SECTION 2. That to the extent the amendments made by this Ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan, including the Urban Transportation Plan, is amended to conform to the amendments made by this Ordinance. SECTION 3. That the Comprehensive Plan of the City of Corpus Chdsti, 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. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance 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 6. 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. The following policy statement and figures implement Policy Statement E.1 in the Public Services Section and should be added to the Plan Implementation Section as follows: BAYFRONT MASTER PLAN POLICY STATEMENT G.3 The City, after conducting a communitywide planning process, determined the most acceptable manner in which to create a Bayfront park is by realigning Shoreline Boulevard and the available public space to provide a variety of parallel park settings along Shoreline Boulevard as illustrated on Figures 7 thru 1 1, Bayfront Park Concept Plans. The Bayfront Master Plan, an amendment to the South Central Area Development Plan (SCADP), is consistent with the adopted plan policies which state that the highest priority are activities that benefit citizens and take advantage of the Bayfront's unique natural amenities, including wind, water, and climate. The SCADP also recommends that the City promote economically viable incentives for development of new toudst oriented uses on private property fronting Shoreline Boulevard Currently, Shoreline Boulevard is a formidable barrier to pedestrians attempting to cross the six travel lanes and 80 foot median, especially during time of large festival events, [o enjoy waterfront activities. In addition, large festival events either block through traffic along Shoreline Boulevard or reduce the City's ability to operate large convention and arena events. The Concept Plan for a Bayfront Park provides the basis for more detailed design studies, specific cost estimates and capital improvement funding/timing The "Bayfront Master Plan" identifies several objectives for future consideraLion and implementation. The specific concepts for realignment of Shoreline focuses on four areas: North Bayfront Park-area north of IH37; South Bayfront Memorial Park-area between Buford Street and [he "L" Head"; Shoreline Waterfront Drive and neighborhood parks-the area encompassing Shoreline Boulevard abutting the Marina; and Enhanced Marina-facilities for boaters & public and expanded breakwater The concepts recommended in the Bayfront Master Plan include: Variations in green space and the relationship of the automobile to the waters edge Arrival feature at shoreline and IH 37 Small scale commercial elements and green spaces Flexibility and multi use capabilities of green spaces True pedestrian connections to the water of the North and South parks ATTACHMENT 1 FIGURE 7: BAYFRONT MASTER PLAN ~ ~7-'- ~ , :-. tr L. - ~ -:':c Sonth Ba~ront ~ ::* ~-~ ~, ~~~, ~ - No~h Bay front Memo~al Park ~ , ~ :'~'S~ ~ ' ~Jq~ '~: - Park EnhanCed - Marina FIGURE 8: ZONE "A' NORTH BAYFRONT PARK FIGURE 9: ZONE "B' SHORELINE WATERFRONT DRIVE AND NEIGIIBORHOOD PARKS FIGURE 10: ZONE "C" SOUTH BAYFRONT MEMORIAL PARK FIGURE 11: ZONE "D" ENHANCED MARINA That the foregoing ordinance was read for the first time and passed to its second reading on this the Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett day of ,2004, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of ,2004, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott PASSED AND APPROVED, this the ATTEST: day of ,2004, CITY OF CORPUS CHRISTI Armando Chapa C~ Secretary Approved as to legal form By: Joseph H~ey /~.. Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor ,2004; 30 CITY COUNCIL AGENDA MEMORANDUM July 20, 2004 AGENDAITEM: Public headng to consider vacating and abandoning a 7,000-square foot portion (50-foot wide x 140-foot long) of the Teresa Street public right-of-way, extending 140 L.F. west of Evelyn Street out of the Sunflower Addition No. 2 Subdivision. Ordinance vacating and abandoning a 7,000-square foot portion (50-foot wide x 140-foot long) of the Teresa Street public right-of-way, extending 140 L.F. west of Evelyn Street out of the Sunflower Addition No. 2 Subdivision; subject to complianc~ with the specified condilions and the owner replatting the property within 180 days at its expense; and declaring an emergency. ISSUE: The City of Corpus Chdsti, is requesting the vacating and abandonment of the Teresa Street public right--of-way that is unimproved and does not function as a through street. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any porlJon of street rights-of-way. City Code requires a public hearing pdor to the vacating and abandonment of any street rights-of-way. RECOMMENDATION: Staff recommends approval of the ordinance on an emergency basis. ~ment Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The City of Corpus Christi, is requesting the vacation and abandonment of a 7,000-square foot portion (50-foot wide x 140-feet long) of the Teresa Street public right-of-way, out of the Sunflower Addition No. 2 Subdivision. The 50-foot wide street dght-.of-vcay extends 140 L.F. west of the Evelyn Street to a dead-end. The public right-of-way to be abandoned and vacated is located in a "R-lB" One Family Dwelling District. The public right-of-way is proposed to be vacated and abandoned since it is not used as a public street. It was also determined that by abandoning the portion of public dght..of-way, it would alleviate cost of public maintenance in the immediate area. Ati public and franchised utilities were contacted regarding the vacating and abandonment request and no objections were received. Engineering Services is requiring that the property ownem adjacent to this portion o[ the Teresa Street public right-of-way construct two (2) 10-foot wide driveways at owner's expense, in exchange for the City replatflng both preperties at the City's expense. The City Wastewater, Water, and Gas Deparb'nents are requiring that the entire 50-foot wide street right-of-way be retained as a utility easement so that the existing utilities they all have located in the rear easement will not be isolated and be accessible through the 50-foot utility easement. AEP, had no objections to the closure but will seek reimbursement if adjustments to their facilities become necessary. Staff recommends that payment of the fair market value be waived since the City is initiating the vacation and abandonment. The adjacent preperty owners have been advised of and concur with the conditions of the street right-of-way abandonment. EXHIBIT A FROM: B.A. Bailey, AICP, Director of Development Services DATE: June 29, 2004 TO THE CR-Y MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: July 20, 2004 ORDINANCE CAPTION: Public hearing to co~sider vacating and abandoning a 7,000-square foot po~on (50-foot wide x 140-foot long) of the Teresa Street public right-of-way, extending 140 L.F. west of Evely~ Skeet out of the Sunflower Addition No. 2 Subdivision. Ordinance vacatng and abandoning a 7,0OO-square foot porfio~ (50-foot wide x 140-foot long) of the Teresa Street public right-of-way, extending 140 L.F. west of Evelyn Street out of [he Sunflower Addition No. 2 Subdivision; subject to compliance with the specified conditions and the owner replardng the property within 180 days at its expense; and dectadng an emergency. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume 10, Page 24, of the Map Rec~-ds of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: That, the payment of the fair market value be waived because the Owner is the City of Corpus Christ, Texas, and the closure is at the request of the Owner to reduce public maintenance cost. The City Wastewater, Water, and Gas Departments are requiring that the entire 50-foot wide st~'eet right-of-way be retained as a ublity easement se that the exisUng utilities they all have located in the rear easement will not be isolated and be accessible through the 50-foot utility easement. 3. AEP will seek reimbumement if adjustments to their facilities become necessary. Englne~'ing Services Is requiring that the property owners adjacent to this portion of the Teresa Street public right-of-way construct two (2) lO-foot wide driveways at owner's expense and to maintain the area, in exchange for the City replatting bath properties at the City's expense. REQUESTED BY: '"~~irector of DATE: '-~' Development Services Approved: Date: EXHIBIT B AN ORDINANCE ABANDONING AND VACATING A 7,000-SQUARE FOOT PORTION OF THE TERESA STREET PUBLIC RIGHT-OF-WAY, BETWEEN EVELYN STREET AND A DEAD-END, OUT OF THE SUNFLOWER ADDITION NO. 2 SUBDIVISION; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 7,000-square foot portion of the Teresa Street public right-of- way, between Evelyn Street and a dead-end, out of the Sunflower Addition No. 2 Subdivision, as recorded in Volume 10, Page 24, Map Records Nueces County, Texas, that the owner, City of Corpus Chdsti, (Owner), wishes to have abandoned and vacated; and WHEREAS, after a public headng, it has been determined that it is feasible and advantageous to the City of Corpus Chdsti to abandon and vacate said portion of the right-of-way for public street 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 7,000-square foot portion of the Teresa Street public right-of- way, between Evelyn Street and a dead-end, out of the Sunflower Addition No. 2 Subdivision, as recorded in Volume 10, Page 24, Map Records Nueces County, Texas is abandoned and vacated for public use as street right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: That payment of the fair market value is waived because the Owner is the City of Corpus Christi and the abandonment and vacation is at the request of the Owner to generate cost savings and expedite construction of the project known as Sunnybrook/Evelyn/Gollihar/Kostoryz Area Street and Drainage Improvements, Phase 1. The City Wastewater, Water, and Gas Departments are requiring that the entire 50-foot wide street right-of-way be retained as a utility easement so that the existing utilities located in the rear easement will not be isolated and will be accessible through the retained 50-foot utility easement. 3. AEP will seek reimbursement if adjustments to their facilities become necessary. Engineering Services is requiring that the property owners adjacent to this portion of the Teresa Street right-of-way construct two (2) 10-foot driveways at their expense in exchange for the City replatting both properties at the City's expense. H:~LEG-DIR~Joseph\ORD-Teres aSr,doc SECTION 2. That upon w,itten 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 20th day of July, 2004. A'I-rEST: THE CITY OF CORPUS CHRISTI Arrnando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved J~,/,~ /~'" , 2004 By: Joseph~arney~ Assistant City Attorney For City Attomey H:kLEG-DIR~Joseph\ORD-Teres a Stdoc 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: INVe, 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 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 Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~LEG-DIR~J o seph\ORD -Ter esaSt.doc ...p d 0o- z z 31 AGENDA M~MORANDUM PUBLIC l:[EARING - ZONING (City Council Action Date: July 20, 2004) Case No.: 0504-06, Paul Lisec: A change of zoning fi-om a "F-R" Farm-Rural District to a "RE" Residential Estate Dis~ict. The property is 1.621 acres out of Flour Bluffand Encinal Farm and Garden Tracts, Section 51, Lot 17, located south of Yorktow'n Boulevard and 250 feet east of Flour Bluff Drive. PlanninR Commission and Staff's Recommendation {06/16/04): Approval. Requested Council Action: Approval of the "RE" Residential Estate District and adophon of the attached ordinance. Purnose of Recluest: Reduction of lot area for the existing residential structure Summary: Applicant is requesting a change of zoning fi-om "F-R" Farm-Rural District to "RE" Residential Estate District in order to reduce the lot area for the existing residential structure. The "F-R" District requires a minimum lot area of five (5) acres, whereas the RE" District allows for lot areas not less than one (1) acre. The subject property consists of 1.621 acres. The existing single-family structure will remain on the subject propel-ry. Property north and across Yorktown Road is zoned a "R-lB" District and is developed as Waldron Field. The subject property is not within the Accident Potential Zone 2 (APZ 2), located south of the subject property. Residential development is limited to one or two units per acre in an APZ 2 area. The APZ 2 prohibits non-residential uses which may congregate large groups of people. South and east o£the subject property is an undeveloped "F-R" District property. To the west is an undeveloped tract of"B-1" District property with frontage along Yorktown Road and an undeveloped "RE" District n-act south of the "B-I" District. Access for the subject property is provided along Yorktown Boulevard, a rural arterial. The future land use map recommends neighborhood commercial development along the subject property boundary adjacent to Yorktown Boulevard. The balance of the property is recommended as agriculture/rural development. The requested "RE" District is consistent with the future land use map. Al~lallcant's Position: The applicant concurs with Planning comrmssion and Staff's recommendation. Agenda Memorandum July 20, 2004 Case No. 0504-06 (Paul Lisec) Page 2 Notification: Of the four (4) notices mailed to the surrounding property owners, none were returned in favor or in opposition The 20% rule is not invoked. This case may be controversial in that several property owners expressed concerns to the Planning Commission regarding drainage and access. Michael N. Gunning, AICP J ~ Assistant Director of Development Services MNG/FGM/er Attachments: 1) Zoning Report 2) planmng Commission Minutes 3) Ordinance Hr~PLN -DIR~EKMA\WORD~AGENDMEM~2004\0504-06AGENDAMEMO.DOC CZTY COUNCTI. ZONTNG REPORT Case No.: 0504-06 Planning Commission Hearing Date: June 16, 2004 Applicant: Paul Lisec Owner: Same as applicant Agent: Urban Engineering - Rene Rodriguez Legal Description/Location: Being 1.621 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 51, Lot 17, located south of Yorktown Road and 250 feet east of Flour Bluff Drive. From: "F-R" Farm-Rural Dislrict To: "RE" Residential Estates District Area: 1.621acres Purpose of Request: Reduction of lot area for the existing residential structure. Zoning Existing Land Use Future Land Use Site "F-R" Farm-Rural District Undeveloped land Neighborhood Business and Agricultural/Rural North "R-lB" One-family Dwelling Public, Semi-Public Public, Semi-Public District South "F-R" Farm-Rural District Undeveloped land Agriculture/Rural East "F-R" Farm-Rural District Undeveloped land Agriculture/Rural West "RE" Residential Estates and Low4ensity residential Agriculture/Rural "B-I" Neighborhood and undeveloped land Business District Area Development Plan: Flour Bluff The future land use map recommends the north portion of the subject property to develop as neighborhood business with the remaining portion as low- density residential. An amendment to the future land use map along the north portion of the subject property is required. Map No.: F17D Zoning Violations: None Zomng Report Case No. 0504-06 (Paul Lisec) Page 2 · Applicant is requesting a change of zoning from "F-R" Farm-Rural Disla"ict to "RE" Residential Estate District in order to reduce the lot area for the existing residential structure. · The ~'F-R" District requires a minimum lot area of five (5) acres, whereas the "RE" District allows for lot areas not less than one acre. The subject property consists of 1.621 acres. · The existing single-family structure will remain on the subject property. Property north and across Yorktown Road is zoned a "R-lB" District and is developed as Waldron Field. 'Ihe subject property is not within the Accident Potential Zone 2 (APZ 2), located south of the subject property. Residential development is limited to one or two units per acre in an APZ 2 area. The APZ 2 prohibits non-residential uses which may congregate large groups of people. South and east of the subject property is an undeveloped "F-R" District property. To the west is an undeveloped tract of"B-I" District property with frontage along Yorktown Road and an undeveloped "RE" District tract south of the "B-I" District. · Access for the subject property is provided along Yorktown Boulevard, a rural arterial. · The future land use map reconunends neighborhood commercial development along the subject property boundary adjacent to Yorktown Boulevard. The balance of the property is recommended as agriculture/rural development. The requested "RE" District is consistent with the future land use map. Street Type Paved Section Volume (2001) Yorktown Boulevard Rural Arterial 100' ROW w/24'rural 3,620 A.D.T. paved section Planned-120' ROW w/100' Bk to Bk paved section 60' ROW w/26' paved sec (95' R.O.W.w/60'Bk to Bk) Flour Bluff Drive Rural Arterial 2,670 A.D.T. A plat on the subject property has been approved. Zoning Report Case No. 0504-06 (Paul Lisec) Page 3 The "RE" District provides for low-density residential development neay the APZ 2 area of Waldron Field. City staffheld two meetings with the applicant's engineer and surrounding property owners in an effort to resolve these issues. The section ofFlou~ BluffDrive in question extends from Yorktown Blvd. to the south. The first meeting was held on Monday, June 7, 2004 with the applicant's engineer, adjacent property owners, and Staff. A second meeting was held on Wednesday, June 9, 2004 with the applicant's engineer, adjacent owners, and their attorney. The west side property owner consivacted his own roadway along the west half of the Flour Bluff Drive right-of-way to access his property at the rear and hired the services of Urban Engineering. He raised the drainage issue because of impact to the integrity of the paved section he constructed on the road accessing his property. The deteriorated condition of the road was also attributable to the dump trucks used in the sand excavation/fill by the east side property owner located south of applicant's property. The existing condition of the road pavement section is resulting in difficulty of access by a passenger car with low clearance. The east side property owner located south of the applicant's property know that a permit is required to fill and rezoning is required to excavate and are in agreement to repair the road. The road repair has not been agreed to. Urban Engineering was only involved in the pm~fitting of the road and not consi~uction or inspection. The pavement section constructed was not necessarily what the City required to permit the road consWaction. Inspection of the materials and construction of the road did not occur. The same east side property owner also needs to gain access to their property to the rear but do not want to continue to use the road constructed by the west side property owner due to neighbor disagreement. They asked that a fence obstructing access to the east half of the Flour BluffDrive right of way be removed. The removal of the fence is also an issue to be resolved. Agreement was nol reached. An existing Texas Crode Energy Co. pipeline within the Flour BluffDrive right of way is another consideration for the Welps if a parallel road is constructed within the east half of Flour Bluff Drive. ~q~e applicant's property has agreed to install a culvert across the internal road access that will direct overflows to the east a~vay from the Flour BluffDrive right of way. The issue of how the road is to be repaired has not been finalized. City staffwill review and propose a repair solution and will schedule future meetings to reach agreement on how to repair the road and remove the fence Zoning Report Case No. 05044)6 (Paul Lisec) Page 4 Approval of the "RE" Residential Estate District. Planning Commission approved the "RE" Residential Estate Disl~ict. Notices Mailed - 4 Favor - 0 Opposition - 0 (As of July 1, 2004) Attachments: Zoning Map Waldron Field APZ 2 map H:~P LN -D IR\ERM A\WO RD~ZON R~TS ~2004 ~0504 46CC REPORT.DOC R-lB B-1 SUBJECT PARCEL RE ALXS-04-30-04 Case Z0504-06 Notice Map NORTH 0 150 300 Feet hb~.MF ELD ROAD LU YORKTOWN BLVD. FIELD ALXS-05-26-04 CZ CLEJ~R ZONE - HIGHEST AIRCRAFT ACCIDENT POTENTIAL, NO DEVELOPMENT, KEEP CLEAR O~ OBSTRUCTIONS TO FLIGHT. ACCIDENT POTENTIAL ZONE I- SIGNIFICANT ACCIDENT POTENTIAL, BUT LESS THAi4 CZ M~JOR CONSTRAINTS TO DEVELOPMENT ACCIDENT POTENCIAL ZONE 2- MEASURAJ~LE ACCIDENT POTENTIAL, 0 450 900 Feet SIGNIFICANT CONSTRAINTS TO DEVELOPMENT ~ Plarming comrmssion Minutes June 2, 2004 0504-06 - Paul Lisec REQUEST: Change of zoning from "F-R" Farm Rural District to "RE" Residential Eslates Dis~ct resulting in a land use change from agriculture to low-density residential. Mr. Saldafia provided graphics of the subject property and the surrounding area. The zoning reporl and rope recording are on file. He stated that there were 4 notices mailed. None were received in favor and or in opposition. Vice Chairman Mims opened the public heanng. Mr. John Fina gen, 514 Valene, former owner of 4101 Flour Bluff Drive came forward and stated that he called to contest this zoning change. He lives behind the subject property. He complained that the applicant dug two ponds and piled dirt up against his fence. The water from the ponds is on his easement and the applicant does nothing about it. Mr. Finagen had photos of this. He is against the applicant doing anything on the property. Mr. Paul Lisec, 1325 Yorktown, stated that his intention was to fill in the low spots with sand he dug out fi.om his ponds to relieve flooding in areas. He stated that Mr. Finagen started a sand mining operation which he did not have a permit for. He spoke with Mark Scott who had received other complaints regarding Mr. Finagen. Mr. Lisec stated that he piled sand close to Mr. Finagen's fence and allowed grass to grow on it to create a berm because the fence was unsightly. He is trying to sell two parcels of his land. He would like to rezone the dr/vexvay and one acre and leave the rest as metes and bounds. Mr. Jack Solovey, 220 Pearl Place, stated that he owns 80 acres adjacent to the subject property. He filed in opposition and stated that Mr. Lisec has been changing topography which caused rotting of roadways that were the only access to his 80 acres. Mr. Richard Welp, 4220 Ryan had been dealing with Ms. Bailey regarding this property. He addressed access issues to the property and the roads. He would like some kind of dedicated roadway. Mr. Solovcy stated that Mr. Lisec did put in a pond and pumped water. There was no requirement to put in culvert on Flour B]uffDrive. He had an agreement with Angel Escobar which was followed through with Urban Engineering. The road never flooded before Mr. Lisec started mo',nng dirt. Moving dirt caused pooling on Flour Bluff Drive. Drainage is important for access. The public hearing was closed. Ms. Bailey stated that there were ongoing code enforcement problems in that area. There has been Code Enforcement action on unauthorized mining. We will bring engineering in on this case. She also suggested getting answers to the issues before making a decision Vice Chairman Mims asked for a motion to table the case. Mr. Pusley stated that the issues and flooding that were addressed not come under the Planning Commissions jurisdiction and asked Mr. Saldafla to clarify this. Mr. Saldafia stated that a plat would be required along with a stormwater quality management plan from which a hydrologic engineer would study the impacts of adjacent right-of-ways, tracts, and drainage systems. Plarmmg Comrmssion Minutes June 2, Case No. 0504-06 (Paul Lisec) Page 2 Ms. Bailey stated that if we made a decision tod,ay, it would be pre-dispose the plat. It would be best to wait two weeks. There are a lot of issues with both zoning and platting. Mr. Michael Gunning, Assistant Director of Develop~nent Services stated that zoning is the area that we have the most leverage on. Once rezoned, you would have to accept any plat that was submitted that met plat requirements. Motion was made by Salazar and seconded by Pusley to table for two weeks. Motion passed unanimously Planning Corarmssion Minutes June 16, 2004 Continued Zoning 0504-06 - Paul Llsec REQUEST: Change of zoning from "F-R" Farm Rural Disn'ict to "RE" Residential Estates District resulting in a land use change from agriculture to low-density residential. Excerpts from Zoning Report Area Development Plan: Flour Bluff- The future land use map recommends the north portion of the subject property to develop as neighborhood business with the remaining portion as low-density residential. An amendment to the future land use map along the north portion of the subject property is required. Legal Description/Location: Being 1. 621 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 51, Lot 17, located south of Yorlctown Road and 250feet east of Flour Bluff Drive. Staff Recommendation: Approval of the "RE" Residential Estates District Mrs. Faryce-Goode Macon, City Planner provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She st~ted that there were four notices mailed. None were received in favor or in opposition. Mrs. Goode Macon stated that this case was tabled on June 2 to give additional time to resolve issues with adjoining property owners regarding access to then properties and drainage. Staffhad two meetings, one with Urban Engineering, Mr. Lisec, and Mr. and Mrs. Welp, and the other with Urban Engineering, Mr. and Mrs. Welp, and Mr. and Mrs. Solovey and their attorney. These issues are still not resolved. Vice Chairman Mims opened the public hearing. Commissioner Stone asked to be reminded why we tabled the case on June 2, 2004. Mrs. Goode Macon explained the above issues. Mr. Murray Hudson, 2725 Sxvantner, came forward to further explain the situation. He showed a 20-acre tract that was preliminary planned at the last meeting and the 1.6 acres wanted to re-zone. There were three complaints at the last meeting. Mr. Solovey owns 80 acres and had an agreement with the City in 2000 to construct a road from his property in the Flour Bluffright-of-way out to Yorktown. He is by agreement responsible for any maintenance. He had concerns about damage to the road caused by the Welps, another property owner, who had used the road for their hauling operation, assuming it was a public road. This issue is in the process of being resolved. The Solovey's also had conflict with another property owner who had dug a lake, and believed that this had impact on the condition of the road as well. Urban Engineering conducted surveys and did not believe that digging the lake had any impact at all, but Mr. Solovey was not satisfied with the survey results. The applicant has agreed to install a culvert in his driveway if needed. Mary Frances Teniente, Assistant Director of Development Services stated that Mr. Solovey had written a letter dated June 10, 2004 voicing his opposition. Stuff reply stated that he would have to adhere to the original road agreement. Staffhas asked Mr. Hudson to address the drainage issues that Mr. Solovey raised. Planning Cornm/ssion Minutes June 16, 2004 Case No. 0504-06 (Paul Lisec) Page 2 Commissioner Pusley stated that most of the opposition and disagreements don't have anything to do with the zoning issue. These issues are outside of this Commission's area, Colmmissioner Zamora asked if staff thought the case was in a good position to move forward. Ms Bailey stated that the zoning is in good shape and the plat was approved at the last meeting. The public hearing was closed, Motion was made by Salazar and seconded by Amsler to recommend approval as submitted. Motion passed unanimously. Page 1 ol' 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY PAUL LISEC BY CHANGING THE ZONING MAP IN REFERENCE TO 1.621 ACRES OUT OF FLOUR BLUFF AND ENClNAL FARM AND GARDEN TRACTS, SECTION 51, LOT 17, FROM "F-R" FARM-RURAL DISTRICT TO "RE" RESIDENTIAL ESTATE 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 repor/s and recommendations concerning the application of Paul Lisec for amendment to the City of Corpus Chdsti Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 2, 2004 and June 16, 2004 dudng a meeting of the Planning Commission, and on Tuesday, July 20, 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 1.621 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 51, Lot 17, located south of Yorktown Road and 250 feet east of Flour Bluff Drive, from "F-R" Farm-Rural District to "RE" Residential Estate District, as shown on the attached Exhibit (F17D) 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. H:~EG-DIR~JOSEP H~ZONING-04\0504-O6REGU LAR.DOC Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon wdtten request of the Mayor or five Council members, copy attached, the City Council (l) finds and decleres 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 20th day of July, 2004. A'I-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ~]~[~ Joseph a'~rney///~'~ Assistant City Attorney For City Attorney 2OO4 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H :~LEG-DIR~JOSEPH~ZONINGA34\0504-06REGU LAR.DOC Page 3 of 3 Corpus Chdsti, 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:\LEG-DIR',JOS EPH~.ONING-O4\OSO4-O6REGU LAR.DOC (36D854-3101 EN 31NEERIN(3 P O BOX 6355 . CORPUS CHRISTI, TEXAS 7846~-6355 JOB NO. 39544 00.00 APPJL 30, 2004 FAX (361)854-6001 STATE OF TEXAS COUNTY OF NUECES FIELDNOTES for the re-zoning of a 1.621 acre tract of land (apl based on an on-the-ground survey) out of Lot 17, Section 51, Hour Bluff.and Encinal Farm and Gas'den Tracls, a map 0f which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas; said 1.621 acres of land being more fully described by metes and hounds a~ follows: BEGINNING at the centerline orYorlaown Boulevaxd (County Road 24), tm 80 foot wide public roadway, from which po;al the eentcrline intersection of said Yorktown Boulevard a.nd said Flour Bluff.Drive, a 60 foot wide public roadway, bears North 61'00'00" West, a dislance o£ 31842 feel; THENCE, South 61 '00'00" East, along the cenlerline or,aid Yorktown Boulevard, i1 distance of 50.00 feel for a corner oflhis tract; THENCE, South 29'00'00" West, at 4000 feet pass the south boundary of said Yorkn. own Boulevard, in all, a total distance of 70 57 feet for o comer oft}lis tract; TI IENCE, South 05'22'52" West, a distance of 81.72 feet For a comer ol'this tract; THENCE, South 29'00'00" West, a distance 0[61747 feet for a comer of Lhis tract; TI4ENCE, Norlh 61 '00'00' West, a dlslance o{'2.41.27 feet for a comer of this tract; THENCE, Nome 29'00'00" F.m% a distance of 19d.46 feel for a corner of thls tract; TItENCE, South 61'00'00" East, a distance 0f201.27 feet for a comer oflhLs tract; THENCE, North 29'00'00" East, a distartce of,11465 feet Iora corner of this {racl; THENCE, North 05'22'52" East, a distance of 106.68 feet for a corner of this Iraet; THENCE. North 29'00'00" Easl, al 16.07 feet pass the south boundary of the above mentioned Yorktown Boulevard, in ail, a total distance of 5§.07 feet lo {he ?OINT OF BEGINNING and containing 1.621 acres of land. Bearings based on the recorded plat of Lol 17, S¢ctinn 5 I, Flour Bluff`and Encinal Farm and G~den Tracl.s, a map or'wh[ch is recorded in Volume A, Pages 41-43, Map Records of Nueees County, Texas Unless this Field Notes Description, including preamble, seal and signature, appem's in it5 original form, sur'veyor ~ssumes no responsibility or liability for iLS accuracy. 2725 SWANINER DR · CORPUS CHRISTI, II::XAS 78z104 p~O~elno~ u/~ol~uoA 32 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: July 20, 2004) Case No.: 0604-03, Virl!inia Hills Develol~ment, L.L.C.: A change of zoning from a "F-R" Fro-m- Rural District to a "R-lB" One-farmly Dwelling District. The properly is 12.022 acres out of Flour Bluffand Encinal Farm and Garden Tracts, Section 26, Lots 6 and 7, located south of Oso Parkway and Quebec Drive intersection. Plannim! Commission and Staff's Recommendation (06/16/04): Approval. Requested Council Action: Approval of the "R-lB" One-family Dwelling District and adoption of the attached ordinance. Puroose of Request: Development of a 42-1ot single-family subdivision Summary: · Applicant requesting a change of zoning from "F-R" Farm-Rural District to "R-IB" One-family Dwelling District for the development of a 42-1ot single-family subdivision on 12.02 acres · The "F-R" District requires a minimum lot area of five (5) acres, whereas the "R-lB" District allows for a lot area not less than 6,000 square feet. Twenty-eight (28) lots within the proposed subdivision will range in area between 6,788 and 9,836 square feet, and fourteen (14) lots will range in area betxveen 10,000 and 28,880 square feet. · Single-family units constructed on thc subject property are planned as single and two-story units. · Internal access within the proposed subdivision will connect to Oso Parlovay. · The proposed subdivision is planned with private streets and drainage. · A change of zoning to a "R-lB" District is inconsistent with the Southside Area Development Plan's future land use map that recommends medium-density residential. The "R-lB" District is a lower density use and is an extension of a low-density use to the north. A "R-lB" District is supported resulting in an amendment to the future land use map. Al~l~licant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Of the twelve (12) notices mailed to the surrounding property owners, two (2) were returned in favor and one (1) was returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial. ~G~m~, AICP Assistant i~irector ~crvices Agenda Memorandum July 20, 2004 Case No. 0604-03 (Vkgmia Hills Development, L. L. C.) Page 2 MNG/FG1Wer Attachments: 1 ) Zoning Report 2) Planning Commission Minutes 3) Ordinance H :XP LN-D IR~ERMA\WORDXAGEN DMEM~2004\0604-03 AGEN D AMEMO.DOC CZTY COUNCTL ZONTNG REPORT Case No.: 0604-03 Planning Commission Hearing Date: June 16, 2004 Applicant: Virginia Hills Development, LLC Owner: Same as applicant Agent: Urban Engineering - Eugene C. Urban, Jr., P.E. Legal Description/Location: Being 12.022 acres out of Flora Bluffand Encinal Farm and Garden Tracts, Section 26, Lots 6 and 7, located south of Oso Parkway and Quebec Drive intersection. .~ From: "F-R" Farm-Rural District . To: "R-lB" One-family Dwelling District ~ ~ Area: 12.02 acres ~ ~ Purpose of Request: Development ora 42-1ot single-family subdivision Site North .~South East West Zoning "F-R" Farm-Rural District "R- 1C" One-family Dwelling District "F-R" Farm-Rural Disthct "F-R" Farm-Rural Dislr/ct "F-R" Farm-Rural District Existing Land Use Undeveloped Undeveloped and low- density residential Undeveloped and wetlands Undeveloped and wetlands Undeveloped and wetlands Future Land Use Medium4ensity residential Low-density residential Agriculture and wetlands Agriculture and wetlands Agriculture and wetlands Area Development Plan: Southside - The requested "R-lB" District is inconsistent with the future land use map that recommends medium-density residential. A change of zoning to the "R-lB" District allows for a lower residential density and could be supported for the subject property. An amendment to the future land use map is required for the low-density residential Map No.: GI7C Zoning Violations: None Zoning Reporl Case No.0604-03 (V~rginia Hills Development, LLC) Page 2 Applicant requesting a change of zoning from "F-R" Farm-Rural District to "R-lB" One- family Dwelling District for the development of a ,~2-1ot single-family subdivision on 12.02 acres The "F-R" District requires a minimum lot area of five (5) acres, whereas the "R-lB" Distxict allows for a lot area not less than 6,000 square feet. Twenty. eight (28) lots within the proposed subdivision will range in area between 6,788 and 9,836 square feet, and fourteen (14) lots will range in area between 10,000 and 28,880 square feet. Single-family units constructed on the subject property are planned as single and two-story units. Internal access within the proposed subdivision will connect to Oso Park-way. The proposed subdivision is planned with private slxeets and drainage. A change of zoning to a "R-1B" District is inconsistent with the Southside Area Development Plan's future land use map that recommends medium-density residential. The "R-lB" District is a lower density use and is an extension of a low-density use to the north. A "R-lB" District is supported resulting in an amendment to lhe future land use map. Street Type Paved Section Volume (200~) Oso Parkway Parlox, ay 80' R.O.W. w/40' Bk. to Bk. Not Available paved section and bike path/sidewalk lanes Quebec Drive Local 50' R.O.W. w/28' Bk. to Bk. Not Available paved section "~ ~ Plat approved and pending recordation upon closure of historical right-a-way dedication out of ~ ~ Flour Bluff and Encinal Farm and Garden Tracts. Infrastructure for the development is under construction. Slxeets within the subdivision will be of concrete material and designated as private. Private drainage will be provided for the subject property. ZoninE ReporI Case No.0604-03 (Vh-gmia Hills Development, LLC) Page 3 Approval of the "R-1 B" One-family Dwelling District Planning Commission approved the "R-lB" District. Notices Mailed - 12 Favor - 2 Opposition - 1 (As of July l, 2004) Attachments: Vicinity Map Zorfing Map H 5p LN -D IR~ERbIA\WO RD~ZONRPTS~ 0~4~604 433 CCREPORT.DOC / / SUBJECT PARCEL °9° 17 R-lB NORTH Plarming Corm'mssion Minutes June 16, 2004 New Zoning 0604-03 - Virginia Hills Development, L. L. C REQUEST: Change of zoning from "F-R" Farm-Rural District to "R-lB"One-family Dwelling District, resulting in a land use change from agriculture to low-density residential. Excerpts from Zoning Report Legal Description/Location: Being 12.022 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 26, Lots 6 and 7, located south of Oso Parkway and Quebec Drive intersection. Area Develo~pment Plan: Southside - The requested "R-lB" District is inconsistent with the future land use map tt~at recommends tnedium-density residential. A change of zoning to the "R-lB "District allows for a lower residential density and could be supported for the subject property. An amendment to the future land uxe map is required for the Iow-density residential use. Staff Recommendation: Approval of the "R-lB" One-famdy Dwelling District Mrs. Faryce-Goode Macon, City Plaimer prov/ded graphics of the subject propexty and the surrounding area. The zoning report and tape recording are on file. She stated that there were 12 notices mailed. Two were received in favor and one in opposition. Chairman Berlanga opened thc public hearing. No one appeared in favor or opposition. Public hear/ng was closed Motion ,,vas made by Pusley and seconded by Mires to recommend approval as submitted. Motion passed unanimously. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY VIRGINIA HILLS DEVELOPMENT, LLC BY CHANGING THE ZONING MAP IN REFERENCE TO 12.022 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 26, LOTS 6 AND 7, FROM "F-R" FARM-RURAL DISTRICT TO "R-lB" 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 conceming the application of Virginia Hills Development, LLC 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, June 16, 2004, during a meeting of the Planning Commission, and on Tuesday, July 20, 2004, dudng a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 12.022 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 26, Lots 6 and 7, located south of Oso Parkway and Quebec Drive intersection, from "F-R" Farm-Rural District to "R-1B" One-family Dwelling District, as shown on the attached Exhibit. (G17C) 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. H:~LEG-DIRUOSEPH~ONING-04\0604-03REGULAR.OOC Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (f) 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 20~h day of July 2004. A'I-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED 7~,,~ /Y/ Joseph Ha~: Assistant City Attorney For City Attorney 20O4 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:\LEG-DIR~JOSEP H~ONIN G-04\O604-03REGULAR.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. I/we, therefore, request that you suspend said Charier 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-DIR~IOS EPk~_ONIN G-O4\O604-O3REG ULAR.DOC (361)5,54-3101 STATE OE T£XA$ COUNTY OF NUECF-,S EN ,INEERING PO. BOX 635.5 · CORPUS CHRIS11, TEXAS 784664355 Job No, 311")97.0000 May 25, 2004 FAX. (361)854.6001 Ficldnotes for thc re-zonlng ora 12.022 acre tracl off land (nol based on an on-the-ground survey) oul oJ'Lot~ 6 and ?, $cClion 26, Flour BlulT and Rncinal Farm and Garden Tracls, a map of v, hich is recorded h3 Volume A. Pages ~1 ) thru 43, Map Records of Nucces Counly, Texas and beinl~ oul of that cerlain tracl of land cooveyed Io C'.15. Slabaugh, M.D by deed dmcd J~nuar¥ 4, i973 ond recorded in Volume ~3 II, Pages §05 and 806. Deed Records nfNueces County. 'Fcx0s; said ]2.022 acre iracl being more/u]b~ described as I'ollows; Beginning at the common corner of Lots 27 and 28, Secdoo 2'1 and Lots 5 and 6, Section 26, said Flour Blurraod Ellcinal Farm and Garden Tracls £or the noah corner of this tract; The.ce, Somh 61°04'40'' Wesl. with the common section line of said &~.clions 26 and 27, same being the noMhcast boondary of this h~ct and being parallel wiih and 20.00 [¢eI distant from d~c souihwesi bounda~ ol Vicloria Park Oni~ 4, ~ map of which is recorded in Volume ~8, Pages36and 37, Map Records orNueces County, Texas and ofVic[oria ParkUni~5, a map or which is recorded in Volume 61, Pages 91 and 92. Map Records of Nueces County, Texas, a dislance o~ I 141.37 Feet flor Ihe eas~ corner of this Thence, with the approximale top of a bluff, at an approximate elevation of 8.5 fee{: same being the soud~easlerly bo(radar3, oflhis tract, as follows: Somh 28055'20'' West 48,06 Soulh 54°07'39" Wes1 182.90 feet; South 61°2~'53'' Wes~ 99,55 feet: Soulh 71~51'00'' W~st 19B,43 Feet; No~h ~9°2~'47" We~l 190,68 North 78°31'53" Wesl 24~.37 ~e~t lo ~1~ mosl southerly corner oflhi~ Thence. continuing with the approximate lop off ,~ bluff, at an a/-p]'o~.imate elevation o£ 8.5 feet, same beln.~ the southwesterly boundaO, of this tracL as follows: Noah 08~44'16'' West 152.31 ~ee(; Noah 65034'00TM West lu5.96 feet; No~xh 80°44'18" %est 108.83 North 23036' ) 5" ~resl } 57.97 Feel Io the most u'es/erb, corner of lhJs tract; Thence, continuing with the approximate ,top ora bluff, al an approximale elevation oFB.5 fech same bring Ihe no~.hwesterly boundary of this t~Cl, as follows: North 11':4 I' 13" East 144.02 feel and zhence North 28~55'20'' East, with the comrnon boundary of the aforemenlioned Lots 5 aod 6, Section 27, Flour BIuffand Encinal Farm and Garden Tracts, a distance or29&99 lbet (o ~he Foint of Beginning and containing 12.022 acres of land. Bearings based on the recorded p/al of Victoria Park Uuil 4, a map of which is recorded in Volume 58, Pages 36 and 37, Map Records of Nueces County, Texas and of Victoria Park Unit 5, a map of which is recorded in Volume 61, Pages 91 and 92, Map Rucords of Nucces Counts, Texas. Unless dfis Fictd No~es Description, including preamble, seal and signalure, appears in its enlirety, in its original [form, surveyor assumes no responsibility or liability For/ts accuracy. URBAN ENGINEERING JUA~ J, SALAZAR, R.P.L.S. License No, ~909 Page I of I ce~ tn~'f ~' I~ corr. t~ to C.t~ 5~b~gfl. At. fl by deed d~rteg ~ry 4, t97J mci recaged ~n k'oa~ne I Jrt. PoT= 805 ond 805, Deed Records of 33 NO ATTACHMENT FOR THIS ITEM 34 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Review of 2004 Bond Issue Revised Package STAFF PRESENTER(S): Name 1. Mark L. Mc Daniel 2. 'Angel R. Escobar, P_E. 3. TltlelPosltlon Asst. City Manager Director Department Support Svcs. Engineering Svcs. OUTSIDE PRESENTER(S): Name 1. None Title/Position Orqanlzatlon ISSUE: Funding for general obligation capital needs such as streets, public facilities, park improvements and other projects will require issuance of voter- approved bonds. In formulating a recommended Bond 2004 program, staff has compiled a list of projects consistent with council directive and prioritized needs. (Included under separate cover) The City Council will use the recommended list as a basis to finalize a Bond 2004 package to be presented to the citizens in a November 2004 Bond Election. Mark Assistant City Manager 35 AGENDA MEMORANDUM City Council Action Date: July 20, 2004 AGENDA ITEM: Ordinance appropriating $2,571,778.26 from unappropriated interest earnings from Wastewater 1994A CIP Fund 4240 (SRF Funds); and appropriating in Wastewater CI P Fund 4240 for the Allison Wastewater Treatment Plant Rehabilitation and Other Improvements project; amending capital budget adopted by Ordinance No. 025647 by increasing appropriations by $2,571,778.26; and declaring an emergency. Motion authorizing the City Manager or his designee to execute a construction contract with R.S. Black Civil Contractors Inc./Machinery and Materials, Inc., a joint venture of Corpus Christi, Texas in the amount of $2,503,44'7 for the Allison Wastewater Treatment Plant Rehabilitation and Other Improvements. ISSUE: Improvements are necessary to maintain reliability and improve the treatment process at the Allison Wastewater Treatment Plant. FUNDING: Funds are available for this project through the FY 03-04 Wastewater Capital Improvement Program budget. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. Director of Wastewater ',~.)~e~R. Escobar, P. E. Director of Engineering Services Additional Support Material: Exhibit"A" Background Information Exhibit "B" Project Budget Exhibit "C" Bid Tab Exhibit "D" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Allison Wastewater Treatment Plant Rehabilitation and Other Improvements (#7162) PRIOR COUNCIL ACTION: 1. February 15, 2000 - Motion authorizing the City Manager, or his designee, to execute an engineering services agreement with Urban Engineering for a total fee not to exceed $161,780 for the Odor Control Improvements at: · Wooldridge Road Lift Station; · Williams Drive Lift Station; · Everhart Road/Staples Street Lift Station; · Country Club Area Lift Station; · Laguna Madre Wastewater Treatment Plant; and · Allison Wastewater Treatment Plant; and for the Rehabilitation Improvements at the Allison Wastewater Treatment Plant (Motion No. M2000-048). 2. January 29, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 in the amount of $395,020 with Urban Engineering for: · Odor Control Improvements at the Allison Wastewater Treatment Plant Lift Station, · the Arcadia Lift Station and · Rehabilitation Improvements at the Allison Wastewater Treatment Plant. 3. February 10, 2004 - Approval of the FY 2003 - 2004 Capital Improvement Budget for $173,624,300. (Ordinance No. 025647) PRIOR ADMINISTRATIVE ACTION: None FUTURE COUNCIL ACTION: Nothing anticipated. PROJECT BACKGROUND: Wastewater entering the Allison Wastewater Treatment Plant varies widely in composition and strength and increased flows are periodically greater than what the plant was originally designed for. The plant was originally constructed in 1965 at a capacity of 2.0 million gallons daily (MGD) and in 1984 the plant was expanded to an average daily flow capacity of 5 MGD. Higher than acceptable level of plant upsets and permit violations have occurred in the past. In October 2001, a report was completed that: · evaluate the plants historical influent data, · resolve operational issues, · optimize operations, · improve treatment reliability, and · evaluate space requirements for future expansion. EXHIBIT "A" Page 1 of 2 PROJECT DESCRIPTION: The existing Allison Wastewater Treatment Plant will be modified and improved to address deteriorating operational issues and the wide range of solids loading the plant encounters. Improvement to be constructed at this time to address and resolve the issues noted above include: 1. Odor Control System: At the existing plant lift station a new odor control unit will be installed to reduce potential odor problems. A new blower facility will be constructed to remove air from the plant lift station and transport the air via pipeline to a new odor control unit for treatment. 2. Air System Piping Replacement: Buried and leaking existing air piping will be replaced with new above ground stainless steel air piping. This will reduce air losses in the system and result in energy savings for the plant. 3. Dewatering Building Improvements: To improve sludge dewatering capabilities, two existing 1984 belt presses will be replaced with new larger presses (2 meter belt width) and the existing washwater and polymer system will be upgraded for the new dewatedng system. Building improvements will provide for a new climate controlled office/control room. 4. New Automatic Backwash Filter: A new automatic backwash filter will be constructed between the existing Final Clarifiers and Chlorine Contact Chamber. This will improve treatment reliability, reduce disinfection chemical costs and reduce maintenance on downstream equipment. It is recommended that future plant expansion to 7.5 MGD should be under construction by Fiscal Year 2013. BID INFORMATION: The project consists solely of one base bid. The City received proposals from five (5) bidders on June 16, 2004. (See Exhibit "C" Bid Tabulation) The bids ranged from $2,503,447 to $3,591,400. The Engineer's estimated construction cost for the project is $2,767,830. The City's engineering consultant, Urban Engineering, and City staff recommend that based on Iow bid past satisfactory experience with City projects, that a construction contract be awarded to R.S. Black Civil Contractors Inc./Machinery and Materials, Inc., a joint venture of Corpus Christi, Texas in the amount of $2,503,447 for the Allison Wastewater Treatment Plant Rehabilitation and Other Improvements. CONTRACT TERMS: The contract specifies that the project will be completed in 360 calendar days, with completion anticipated by September 2005. FUNDING: Funds for this project are available from FY 2003-2004 Wastewater Capital Improvement Program Budget. EXHIBIT "A" Page 2 of 2 Allison Wastewater Treatment Plant Rehabilitation and Other Improvements (Project No. 7162) PROJECT BUDGET July 201 2004 FUNDS AVAILABLE: Wastewater ClP ............................................................................................... FUNDS REQUIRED: Conslruclion (R.S. Black Civil Conlractors) ............................................................ Contingencies ............................................................................................... Consultanl (Urban Engineering) .......................................................................... Testing ......................................................................................................... Engineering Reimbursement ............................................................................. Finance Reimbursement ................................................................................... Incidentals (Printing, Advedising, Aerial Photo) ....................................................... Total .............................................................................................................. $3,180,140.00 $2,503,447.00 250,000.00 261,693 00 50,000.00 75,000.00 35,000.00 5,000.00 $3,180,140.00 EXHIBIT "B" Page 1 oi" 1 TABULATION OF BIDS Pa~e 1 of 1 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Urban Engineering Date: Wednesday, June 16, 2004 Time of ComplelJon: 360 Calendar Days ALLISON W1N'rP REHABILITATION AND OTHER IMPROVEMENTS .(City Project No, 7162) DESCRIPTION 1. Wastewater Plant Improvements 2. 4" Thick Sidewalk 3. 8' High Chain Link Fendng 4. Select Fill under Control Room Foundation 5. Slurry Fill Abandoned Pipes 6. Tm~ch S~fety 7, Utility Allowance TOTAL BASE BID ENGINEER'S ESTIMATE: $2,767,830.00 R. S. Black Contr. LEM Construction R.M. Wright Constr. Holloman Corp. P. O. Box 6218 10849 Kinghurst, #150 285 RioWest Dr. 13730 IH 10 East Corpus Chdsti, TX Houston, TX El Peso, 'T~ Converse, TX 78466 77099 79932 78109 UNIT UNIT UNIT UNIT UNIT QTY. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT I LS 2,415,492.00 $2,415,492.00 745 SF 9.00 $6,705.00 115~ LF 30.00 $34,500.00 35 CY 10.00 $350.00 2,565,000.00 $2,565,000.00 3,133,421.00 $3,133,421.00 3,384,200,00 $3,384,200.00 5.00 $3,725.00 7.00 $5,215.00 6.00 $4,470.00 32.00 $36,800.00 16.~3 $20,700.00 34.00 25.00 $875.00 25.00 $875.00 2300 $805.00 20 CY 160.00 320 LF 10.00 ILS 40,000.00 $3,200.00 100.00 $2,000.00 415.00 $8,300.00 113.00 $2,2~0.00 $3,200.00 1,00 $320.00 1.00 $320.00 11.00 $3,520.00 $40,000.00 40,000.00 $40,000.00 40,000.00 $40,000.00 40,000.00 $40,000.00 $2,503,447.00 $2,648,720.00 $3,208,831.00 $3,474,355,00 DESCRIPTION QTY I UNIT' 1, Wastewater Plant Improvements 1 LS 2. 4" Thick Sidewalk 745 SF 3. 8' High Chain Link Fencing ~0 LF 4. Se~ec~ Fill under Control 35 CY Room Foundation 5. Slun'y Fill Abandoned Pipes 20 CY 6. Trench Safety 320 LF 7, Utility Allowance 1 LS TOTAL BASE BID Jalco, Inc. P. O. Box 27358 Houston, TX 77227 UNIT PRICE I AMOUNT 3,495,000.00 $3,495,000.00 6.00 $4,470.00 40.0O $46,000.00 38.00 $1,330.00 150.00 $3,000.00 5.00 $1,600.00 40,000.00 $40,000.00 $3,591,400.00 F'71e .' \Mproject\councilexhibits\exh?162.dwg ~ ..~PLANT LOCATT_ON~r' " CORPUS CHRISTI BAY PROJECT# 7162 LOCATION MAP NOT TO SCALE EXHIBT~ T "O" ALLISON WASTEWATER TREATMENT PLANT REHABILITATION AND OTHER IMPROVEMENTS CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHT_BIT DF_.PARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 07- 13-2004 ORDINANCE APPROPRIATING $2,671,778.26 FROM UNAPPROPRIATED INTEREST EARNINGS FROM WASTEWATER 1994A ClP FUND 4240 (SRF FUNDS) FOR THE ALLISON WASTEWATER TREATMENT PLANT REHABILITATION AND OTHER IMPROVEMENTS PROJECT; AMENDING FY 2004 CAPITAL BUDGET ADOPTED BY ORDINANCE 025647 BY INCREASING APPROPRIATIONS $2,571,778.26; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $2,571,778.26 is appropriated from the unappropriated interest earnings from Wastewater 1994A CIP Fund 4240 (SRF Funds) for the Allison Wastewater Treatment Plant Rehabilitation and other Improvements project. SECTION 2. That the FY 2004 Capital Budget adopted by Ordinance No. 025647 is amended by increasing appropriations by $2,571,778.26. SECTION 3 That upon wdtten request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule 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 Arrnando Chapa City Secretary Approved: July 16, 2004 Lisa ^guilar~ Assistant City Attorney for City Attorney Samuel L, Neal, Jr Mayor Corpus Christi, Texas __ day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set fodh 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 [he date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 36 DATE: TIME: PLACE: AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION ANNUAL MEETING Tuesday, July 20, 2004 During the meeting of the City Council beginning at 10 a.m. City Council Chambers 1201 Leopard St. Corpus Christi, TX 78401 President Rex Kinnison calls meeting to order Secretary Armando Chapa calls roll Board of Directors Rex A. Kinnison, President Javier Colmenero, Vice President Brent Chesney Melody Cooper Henry Garrett Bill Kelly Mark Scott Jesse Noyola Samuel L. Neal Jr. Officers George K. Noe, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer Approval of Minutes of June 22, 2004 Financial Repod Consideration of funding from HOME Program in the amount of $67,320 for installation of hard wire smoke detectors at the TG303, Inc. AKA Casa de Manana Apartments, 4702 Old Brownsville Road Public Comment 7. Adjournment MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION JUNE 22, 2004 11:43 A.M. PRESENT Board of Directors Rex A. Kinnison, President Javier Colmenero, Vice-President Brent Chesney Melody Cooper Henry Garrett Bill Kelly Samuel L_ Neal Jr. Jesse Noyola Mark Scott Officers George K. Noe, General Manager Armando Chapa, Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer President Kinnison called the meeting to order in the Council Chambers of City Hall_ Secretary Chapa verified that a quorum was present to conduct the meeting and that notice of the meeting had been properly posted. President Kinnison opened discussion on Item 3, election of officers. Mr. Neal made a motion, seconded by Mr. Colmenero, to appoint the following slate of officers: General Manager - George K. Noe; Secretary - Armando Chapa; Assistant Secretary - Mary Juarez; Treasurer - Cindy O'Brien; and Assistant Treasurer - Constance P. Sanchez. The motion passed unanimously. A motion was made, seconded and passed to reappoint Mr. Kinnison as President and Mr. Colmenero as Vice-President. President Kinnison opened discussion on Item 4, the approval of the minutes of the February 10, 2004 meeting. Mr. Colmenero made a motion to accept the minutes as presented, seconded by Mr. Chesney, and passed unanimously. President Kirmison then asked for the financial report. General Manager Noe referred to two reports, a combined balance sheet and a combined statement of revenues, expenditures, and changes in fund balances through May 31, 2004. There were no questions. President Kinnison asked for the General Manager's Annual Report. General Manager Noe reported that the corporation was initially intended to simply provide a vehicle for the city's single family rehabilitation program. He said, however, that over the years the Corporation has taken a much broader role in not only handling CDBG funds, but also HOME funds, certain ESG funds, and special CDBG projects for the city. He stated that the CCCIC has also undertaken a number of other community improvement programs which are all satisfactorily accomplished or moving forward, citing the completion renovation of the old Police Department facility into a leased facility for the Workforce Development Corporation as an example. Mr. Scott asked for more information on the reserved fund balance for the Kids in the Neighborhood project totaling $131,111. Treasurer Cindy O'Brien replied that the monies were from the equity in a building for the project. Minutes - CCC1C meeting June 22, 2004 - Page 2 President Kinnison called for public comment. There were no comments fi.om the audience. There being no further business to come before the Corporation, President Kinnison adjourned the meeting at 11:47 a.m. on June 22, 2004. CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED BALANCE SHEET 31-May-04 ASSETS Due from U S Govemment Mortgages receivable Accrued interest receivabte Loan receivable Leasehold improvements (net of accumulated amortization) Investment in property (net or accumulated depreciation) Total assets Loan Program Special Project HOME Program Fund Fund Fund To~al 1,168,616 216,465 708,317 2,093,400 0 0 0 0 11,323,618 0 7,525,133 18,848,751 3,916 0 0 3,916 0 0 0 0 204,538 0 0 204,538 198,299 21,047 19,750 239,096 12,898,989 237,512 8,253,200 21,389,701 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable Bank note payable Total liabilities Fund Balance: Reserved for WDC project Reserved for Kids in the Neighborhood Reserved for HOME program Reserved for mortgages Reserved for Seawall loan Unreserved Total fund balance 322,750 0 203,809 0 526,559 0 0 322,750 0 203,809 0 526,559 52,451 0 0 52,451 131,111 0 0 131,111 506,260 0 0 506,260 11,394,207 0 7,587,156 18,981,365 0 0 0 0 268,401 237,512 666,042 1,I91,955 12,372,430 237,512 8,253,200 20,863,142 Total liabilities and fund balance 12,69_8~989 237,512 8,253,200 21,389,701 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE TEN MONTHS ENDED MAY 31, 2004 Contribution from Federal Government Interest on loans Interest on investments Rental income Miscellaneous Total revenues Loan Program Special Project HOME Program Fund Fund Fund Total 0 0 1,223,302 1,223,302 64,156 0 15,163 79,319 6,735 90 206 7,031 87,836 0 0 87,836 942 0 397 1,339 159,669 90 1,239,068 1,398,827 Expenditures: Grants Warranty Work Community Development administration Loan processing Accounting services Interest expense Miscellaneous Accumulated amortization- forgivable loans leasehold improvements Accumulated depreciation - building Total expenditures 27,776 0 1,091,763 1,119,539 0 0 0 0 0 0 84,025 84,025 0 0 47,514 47,514 0 0 0 0 13,571 0 0 13,571 0 0 0 0 42,432 0 12,320 54,752 92,972 0 0 92,972 6,215 0 0 6,215 182,966 0 1,235,622 1,418,588 Excess of revenues over expenditures Other financing sources(uses): Operating transfers In(out): Transfer From Federal/State Grant Fund Transfer to Federal/State Grant Fund To~al other financing sources(uses) (23,298) 90 3,446 (19,761) 5,663 0 0 5,663 0 0 0 5,663 0 0 5,663 Excess (Deficit)of revenues and other financing sources over expenditures and other uses Fund balances at August 1, 2003 Fund balances at May 31, 2004 (17,635) 90 3,446 (14,099) 12,390,065 237,422 8,249,754 20,877,241 12,3~,~0 237,512 8,253,200 ~_0z~3,142 TO: FROM: DATE: SUBJECT: Memorandum Board Members of the Corpus Chdsti Community Improvement Corporation George K. Noe, General Manager July 15, 2004 Request for Annual Meeting of the Corpus Christi Community Improvement Corporation (CCCIC) on July 20, 2004 I am requesting that the annual meeting of the Corpus Christi Community Improvement Corporation (CCCIC) be held during the Council meeting of July 20, 2004 to consider the following items: Consideration of funding from HOME Program in the amount of $67,320 for installation of hard wire smoke detectors at the TG303, Inc. AKA Casa de MaNana Apartments, 4702 Old Brownsville Road: On February 10, 2004, the CCCIC took action on four HOME program proposals that were submitted to Neighborhood Services Department for funding consideration. $90,250 remains as uncommitted as part of this action. The weekend prior to the CCCIC meeting in February 2004, the Casa de Mar~ana apartments located at 4702 Old Brownsville were involved in a fire that damaged several rental units. As a result, TG303, Inc. AKA Casa de Manana Apartments are requesting $67,320 for the installation of hard wire smoke detectors. Below is the proposed calculation for the scope of work. Description # of alarms Downstairs Bedrooms 130 Upstairs Bedrooms 112 Hallways - Upstairs 4/bldg 25 Hallways - Downstairs 28 Office/Laundry 4 (Downstairs) SUBTOTAL 10% Contingency Total Cost Calculation Total cost 130 x 300 $39,000 112 x 90 10,080 28 x 30 8,400 28 x 90 2,520 4 x 300 1,200 $61,200 6,120 $67,320 If CCClC approves this CHDO grant funding request, we would amend the current executed contract to include the additional $67,320 for the purchase and installation of hard wire smoke detectors. Total amended amount funded would be $367,320. TG303, Inc. would be required to comply with the HOME Program rule that states that 90% of the units will not exceed 60% ($27,420 for four persons) of Area Median Income.